Although it is admirable that the State of Virginia wants to properly regulate biosolids applied to farmlands, it would be more appropriate if the State understood the damage to the environment as well as to human health that this practice causes. 

First and foremost, for whatever reason DEQ seems to think that biosolids as fertilizer can be applied “at controlled rates protective of water quality and human health” … obviously this statement is a misnomer. There are no standards or data to support that biosolids can be applied "at controlled rates protective of water quality and human health”. In fact, the EPA has identified roughly 700 TOXIC chemicals including 2 of the most toxic chemicals currently known to man - PFOA and PFOS - in biosolids ...  https://comptox.epa.gov/dashboard/chemical-lists/BIOSOLIDS2022. Therefore, without identifying what toxic chemicals are in the biosolids planning to be applied - there is no way, from a toxicological perspective, that this statement is accurate or even close to the truth - in fact the statement is an oxymoron; even EPA has been quoted as saying they have no idea how to safely handle biosolids laced with that many toxic chemicals. That alone should require the State to conduct analyses - at least for PFOA/PFOS - on the biosolids BEFORE they are planned to be applied to any land.

Secondly, there are literally thousands of scientific papers in the peer review literature that clearly demonstrate numerous toxic effects including carcinogenicity of PFOA/PFOS … in fact, it has been identified by our government toxicologists "Agency for Toxic Substances and Disease Registry (ATSDR)” that PFOA causes kidney cancer (IN HUMANS) at levels of 0.007 parts per trillion (ppt) and PFOS has been shown to cause liver/pancreatic cancers at 1 ppt in animals. This data required the EPA to set an MCLG of zero for both chemicals and clearly state that there are no safe exposure levels for these chemicals. If there are no safe exposure levels to PFOA/PFOS it is unclear how the State or DEQ can use the phrase "at controlled rates protective of water quality and human health” on any untested lot of biosolids regardless of what County they are apply in.

Additionally, at last review of something that appears to be a DEQ “consent form" for biosolids application to farmlands there is no mention of the KNOWN toxic effects of PFOA/PFOS (or that it may contain hundreds of other toxic chemicals) to the land, air, water (irrigation or POTW or Well), crops and/or animals - not to mention themselves and/or family members and/or even the driver of the equipment used to apply biosolids. If this is not illegal - it should be. As a toxicologists I am legally required to inform anyone of the health risks associated with anything that I intentionally expose them to as well as mention if there are any benefits. The DEQ consent form - unless very recently modified - only tells farmers about the benefits of “free fertilizer” not the health risks associated with such applications. I’m not sure how the law views this issue, but as a toxicologists, I find it misleading and inappropriate at best. Also, there is no information given to the neighbors of farmlands that are adjacent to the applied property(s) … every neighbor also should have the right to know what risks the State and DEQ are exposing them to via blindly allowing biosolids groups to contaminate our land/water/air with untested biosolids that have at least a 99% chance of containing cancer causing PFOA/PFOS chemicals at levels that can cause adverse health issues. 

Currently, the cancer rates and death toll for Virginia - since biosolids applications started in 2001 - are off the chart (raw data available upon request). VA cancer deaths were 23.46% vs 10.54% for the whole US and for new cancers VA demonstrates a 59.21% rate compared to a 57.82% rate for the rest of the US. There are no clear associations that have been established between cancer and biosolids applications - however, there are clear indications that PFOA/PFOS cause cancers as well as several other serious diseases. Chemical pollution is real and with the help of DEQ and EPA - who for whatever reason insist on applying toxic carcinogenic chemicals to our land via the use of biosolids - we will continue to see issues with human health. With that said, is it the State's policy to openly and recklessly expose its citizens to toxic chemicals at levels that are known to cause cancer, reproductive effects and numerous other toxicities? 

If the State and DEQ are not willing to determine what toxic chemicals are in biosolids before applying them blindly to thousands and thousands of acres of farmlands in our Counties - a moratorium on applying them should be put in place!

Joe DiNardo - Toxicologists since 1976

Biosolids have made national headlines as of late, and with good reason.  As an organic vegetable farmer who was experience with landowners who spread this, I am extremely concerned with the mass contamination that is happening to our farmland.  The land that we all rely on to feed ourselves is literally being contaminated, with what we know but aren't testing for, PFA's and PFO's.  We can only assume with climate disasters like Hurricane Helene, that we will continue having extreme weather conditions that make storage of sludge more precarious.  Rural America deserves better than to be sold a faulty story of safe city sludge, which typically includes municipal and industrial waste, that is given away to unsuspecting farmers.  The health of humans, the soil, safe drinking water, and all other creatures depends on stopping the spread of industrial waste on our farmland.

I was shocked to learn that our lovely neighborhood in southern Albemarle County has acres and acres of fields where city waste also known as “biosolids” is being spread on farmland.

According to the New York Times “a growing body of research shows that this black sludge, made from the sewage that flows from homes and factories, can contain heavy concentrations of chemicals thought to increase the risk of certain types of cancer and to cause birth defects and developmental delays in children.” (Tabuchi, H. 8/31/24 “Something’s Poisoning America’s Land. Farmers Fear ‘Forever Chemicals’” New York Times.

This land needs reliable testing. Farmers and neighbors need educated and this practice needs to stop. They did it in Maine. We can do it in Virginia.

The most recent research on the toxicity of sewage sludge, involving PFAS chemicals and other contaminants, points to the enormous danger of using biosolids as fertilizer, far beyond the risk of their leaking into the water during a hurricane or other extreme weather event. So while it seems obvious to agree with this proposed regulatory change, it is even more obvious that we should stop spreading the sludge on any more farmland in Virginia until the risks can be assessed using the latest data and testing. It is already known that land contaminated with forever chemicals cannot be cured. It will have to be removed from agricultural production. So let's use an ounce of prevention. Because in the case of these toxic chemicals, "forever" means there is no pound of cure.

Making new rules for storing sludge better is like rearranging the deck chairs on the Titanic. People all over the country have been trying for decades to stop the insanity of putting toxic sewage sludge on farmland. Now that PFAS are entering the public consciousness, there may finally be some hope of ending this practice. I encourage all of you on the Water Control Board and at DEQ to shrug off your inertia and get yourselves on the right side of history. You have already enabled the irreversible ruination of thousands of acres of Virginia farmland. Please change course now, before more damage is done.

A public hearing will not be held following the publication of the proposed stage of this regulatory action unless requests for a public hearing are received during the NOIRA public comment period from at least 25 persons. Consider this a request for a public hearing. I hope 24 readers join in my request. The deadline for requests should be extended because people are just now learning about the problem.

This is a request for a public hearing.