Industrial Origins, Agricultural Impacts: The Story of PFAS on Our Fields

Authors: Kevin Moe, Vice President, Credit Policy Officer, and Steve Charlton, Senior Analyst, Environmental Advisor

From unpredictable weather to fluctuating market prices and rising labor costs, agricultural producers have proven adept at overcoming challenges. However, a new potential threat lurking beneath the ground is catching many by surprise.

PFAS, or per- and polyfluoroalkyl substances, are a large group of man-made chemicals used in various industrial, military and consumer products for their resistance to heat, water and oil. Called forever chemicals because they do not break down easily, PFAS tend to accumulate in soil or water over time. Not all PFAS carry the same risk, but there are rising concerns about potential health and ecological impacts.

The Environmental Working Group, a Washington, D.C.,-based watchdog organization, estimates that 20% of farmland could be contaminated with PFAS.

As one of the largest ag lenders in the country, FNBO wants to educate agribusiness operations about PFAS. This article outlines the impact they could have on landowners.

Understanding the PFAS Problem

As PFAS enter the ground, the potential threat to human and animal health increases. The Agency for Toxic Substances and Disease Registry (ASTDR) indicates that PFAS can disrupt critical bodily systems pertaining to immune health and hormone regulation. PFAS have also been linked to development of some cancers and have been shown to impact other critical functions.

Farmers who have owned a piece of land for generations may assume they are clear of PFAS contamination because they know no industrial activity has taken place. There are two problems with such an assumption.

First, if a source such as a manufacturing facility releases contaminated wastewater, the PFAS compounds can be transported by groundwater or rivers, resulting in contamination plumes reaching several miles. As a result, one release may impact multiple downstream properties.

Second, in agricultural settings, the main threat of contamination comes from the application of fertilizers, particularly biosolid fertilizers. Biosolids are a semi-solid byproduct of wastewater treatment. Unfortunately, many wastewater treatment facilities are not equipped to remove PFAS compounds during the treatment process. As a result, these compounds accumulate in the biosolids that are then applied to the land.

Because biosolids are rich in nutrients, they are sold as fertilizer to farmers. When these products are applied to fields, the PFAS contained within the biosolids are directly introduced into the soil. It's important to note that biosolids are still promoted by the U.S. Environmental Protection Agency (EPA) as a method of beneficial reuse, yet farmers who apply them should consider asking those they are buying from if they are testing for PFAS.

An estimated 18% of farmland is currently using biosolid fertilizer, according to the National Biosolids Data Project. As a result, nearly 70 million acres of farmland across the country could be at risk for PFAS exposure.

Land that exceeds the acceptable PFAS levels could be devalued, and farmers could be forced to remove contaminated land from production, resulting in loss of crops and grazing area. In addition, some landowners may be subject to regulatory requirements.

Finding the Good News about PFAS

Despite the concerns about PFAS contamination, there is some good news. Through the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the EPA has now identified two chemicals as hazardous substances; PFOA (Perfluorooctanoic acid) and PFOS (Perfluorooctanesulfonic acid), opening the way for enforcement actions and cost recoupment against PFAS polluters.

The EPA also issued the PFAS Enforcement Discretion and Settlement Policy which indicates that the agency does not intend to pursue parties considered to be passive recipients of the chemicals. This group includes farmers applying biosolids. While the policy may reduce the risk of liability, it does not eliminate the possibility. Third party claims could also remain a risk.

Furthermore, the federal agency has awarded $15 million in grants to study how PFAS contaminate and accumulate in food and farmland. The research is aimed at developing strategies to mitigate the risks.

As concerns regarding the negative impacts associated with PFAS rise, independent thinkers are taking action. In a paper recently published in the Journal of Hazardous Materials, a leading journal dealing with pollutants and environmental concerns, civil engineer Nirupam Aich outlined a new technique for ridding water of harmful PFAS contaminants. The paper indicates that Aich and his team have developed nanomaterials capable of breaking down PFAS compounds, an advancement that could one day rid effected soils of PFAS pollutants.

As research continues, the agricultural community may look with a degree of hope to the future.

Those who are concerned about PFAS contamination or want more information on the use of biosolid fertilizers, can contact their local extension office or local USDA Service Center.

The information in this article does not constitute legal advice, and the authors recommend consulting with an attorney to discuss your specific situation.

About the Authors

Kevin leads the credit administration for a region that includes Illinois, South Dakota, and areas of Nebraska. He joined FNBO in 2017 and has been in the banking industry for over 30 years, primarily in ag lending and commercial banking.

Steve has been with FNBO since 2021 and is a certified environmental risk manager. Prior to joining the bank, he spent nearly 20 years as an environmental consultant specializing in due diligence for commercial real estate transactions.