PFAS in Biosolids Restrictions Tighten Across the Potomac River
news | June 2, 2026
Hollingsworth LLP partner Gary Feldon spoke with waste and recycling news outlet Waste Dive concerning the bills recently passed by Maryland and Virginia to limit the levels of per- and polyfluoroalkyl (PFAS) substances in biosolids. The neighboring states’ congruent policies reflect a regional approach that may be emerging in the absence of uniform federal regulations.
Beginning in January 2027, Virginia’s law requires wastewater treatment plants to test monthly for PFOA and PFOS in sewage sludge. Starting in July 2027, sewage sludge cannot be land-applied as a biosolid if its combined concentrations of PFOA and PFOS are 50 parts per billion or higher on a 12-month rolling average. As long as concentrations stay between 25 and 50 ppb, however, a limited amount of sewage sludge can be land-applied.
The Maryland bill, which will become law absent a veto from Governor Wes Moore, would prevent the land application of biosolids if the combined concentrations of PFOA and PFOS are above 50 ppb starting Oct. 1, 2028. If the combined concentration for those substances is above 25 ppb but less than 50 ppb, the biosolids must be commingled to reduce contamination, and generators must develop a monitoring and mitigation plan. The Maryland bill would also require wastewater treatment plants to identify and study the source of PFOA and PFOS entering their systems when PFAS levels rise above 25 ppb. Once identified, the plants must develop a mitigation plan that could include pretreatment control for industrial users or “system-scale solutions” developed by the plant.
Feldon explained that the regional approach taken by Virginia and Maryland creates similar requirements across the Potomac River watershed and noted that harmonizing policies in neighboring states avoids some compliance challenges for companies that operate across state lines.
“Where you have these really interconnected water systems and wastewater management policies, you’re going to see states hopefully come up with consistent approaches to PFAS in biosolids,” Feldon said. “If you have two states that have inconsistent policies, then that burdens companies that are trying to comply.”
Access the full story online at Waste Dive.com.