Although SB 5033 refers to Ecology “guidance” on testing for PFAS and allows the agency to recover its testing costs through permits, the bill requires local jurisdictions to test and foot the bill.

In 2024, there were 244 local government wastewater treatment plants covered under the state’s biosolids general permit. Of these permittees, 121 jurisdictions have active biosolid management permits. The only accredited Ecology laboratory operating in the state with current capacity to test using the requirements in the bill (US EPA method 1633A) indicates that each sample may have costs of approximately $450.

Here’s what the amended version that passed the House will do:

• Requires Ecology to publish “guidance” on PFAS chemicals sampling for facilities generating biosolids by July 1, 2026
• Requires biosolids facilities to conduct sampling in accordance with the “guidance” between January 1, 2027, and June 30, 2028
•  Requires biosolids facilities to provide sampling results to Ecology by September 30, 2028
• Requires Ecology to convene and consult with an advisory committee by September 30, 2028, before developing and submitting a report to the Legislature by July 1, 2029.

The bill provides the agency with the authority to charge, via permit fees, for the cost of sampling, but the agency isn’t incurring these costs – jurisdictions who run wastewater treatment plants under the biosolids general permit will have to pay these costs. That will be borne by the ratepayers.

Since the Legislature is providing the agency with the authority to cover the testing costs, it should also require the agency to pay for the analysis of the samples. The operating budget, as passed the Senate, included $727,000 for implementation of SB 5033, plus $4 million for the agency to:

Support water quality source control and treatment of PFAS at municipal wastewater facilities and cleanup sites. The department will use the amount identified in this subsection from the water quality permit account to complete a study of state waste discharge permittees to inform how the state should best manage these discharges.

AWC is asking that this support include the payment of treatment plant sampling and lab costs.

Bill proposes testing of PFAS in biosolids

January 13, 2025

SB 5033 proposes changes to the biosolids management program, including testing for PFAS chemicals in municipal sewer sludge.

The bill, sponsored by Sen. Jeff Wilson (R–Longview), requires the Washington Department of Ecology to establish PFAS chemical sampling and testing requirements of biosolids by July 2027. The goal of the sampling is to complete an analysis of the level of PFAS found in municipal biosolids by July 2028, with a report to the Legislature due in December of that year with “recommendations on how to proceed based on that analysis.”

The biosolids management program regulates the use and disposal options for municipal sewer sludge. It is widely known that PFAS—known as forever chemicals because of their ability to bioaccumulate and not breakdown—are found in 98% of Americans, occur before we are born and compound in our bodies throughout our lives. PFAS is ubiquitous in the environment and is used on thousands of consumer products still produced today, many of which are washed in our sinks and washing machines, going into the city sewer system. PFAS is in the air and water and is even on Mount Everest.

Municipal wastewater treatment plants are passive receivers of what is in humans, businesses, and the environment. Will it be in biosolids? Yes. At what level is unclear. The question is who will bear the cost to test and treat? AWC supports proposals that develop science-based policies and environmental regulations that deliver meaningful benefits to both human health and the environment.

The U.S. Environmental Protection Agency convened stakeholders in 2023-2024 to discuss the issue and its significant challenges. The report was just released.

Date to remember

SB 5033 will be heard in the Senate Environment, Energy & Technology Committee on Wednesday, January 15 at 8 am.