Under the proposed legislation, PFOS and PFOA concentrations in sewage sludge designated for land application must not exceed one microgram per kilogram (µg/kg)—or align with the stricter of health-based limits set by the U.S. Environmental Protection Agency (EPA) or new regulations adopted by MDE. Compliance requires rigorous sampling and testing, with analysis to be conducted within 14 days of land application, unless the sludge is transported directly from its source without storage or mixing.
MDE is also granted authority to establish more stringent limits for PFOS, PFOA, and additional PFAS chemicals beyond those explicitly named in the bill.
The implications of Senate Bill 732 are far-reaching for state and local agencies, as well as for wastewater treatment facilities and agricultural stakeholders. Notably, MDE and the Maryland Environmental Service (MES) indicate that currently, no sewage sludge produced in the state meets the proposed PFAS limits. Furthermore, turnaround times for PFAS testing often exceed the 14-day window prescribed, posing compliance challenges and logistical barriers for land application.
MES warns that the bill effectively prohibits land application of sewage sludge on agricultural land, prompting a shift toward landfill disposal or out-of-state transport—both of which would significantly increase costs. Many smaller wastewater treatment plants lack dewatering infrastructure necessary for landfilling, potentially requiring costly capital investments or reliance on larger facilities.
Landfills, predominantly operated by local governments, face added burdens, including strict volume limitations for sewage sludge, increased tipping fees, and limited space availability. These costs are expected to cascade down to consumers and local agencies.
The legislation aligns with EPA’s broader efforts to address PFAS contamination through its “Strategic Roadmap.” Although the EPA has not yet finalized effluent limitation guidelines or biosolid-specific standards for PFAS, a January 2025 draft risk assessment from the agency indicates that biosolids containing PFOS or PFOA at one part per billion (1 ppb, or 1 µg/kg) could pose health risks that exceed acceptable thresholds. These findings underpin Maryland’s proactive regulatory stance.
Additionally, MDE had already imposed PFAS testing requirements in 2024, mandating wastewater treatment plants to test for PFOS and PFOA prior to land application. Under that framework, sewage sludge with PFAS concentrations under 20 µg/kg could be land-applied, while concentrations above 100 µg/kg necessitated cessation of land application.
The bill is poised to affect Maryland’s agricultural sector, where many farms qualify as small businesses. The loss of sewage sludge as a nutrient source will require revisions to nutrient management plans, likely increasing demand for commercial fertilizers and nutrient management consulting services. MDE estimates that approximately 250 nutrient management plans will need to be revised, a process that may benefit consultants but add operational costs for farmers.
While Senate Bill 732 is still in the early stages, with its first reader version under review, the bill reflects growing state-level momentum to address PFAS contamination in the absence of finalized federal standards. It highlights the tension between environmental protection and the practical challenges of compliance and cost for municipalities, small businesses, and agricultural operations.
