Texas lawmaker files bill to reduce “forever chemicals” in sewage-based fertilizer

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Johnson County’s newest state representative, Helen Kerwin, R-Cleburne, filed her first bill Friday targeting an environmental problem that has struck her county: PFAS contamination in sewage sludge-based fertilizers.

Kerwin said House Bill 1674, could reduce the presence of PFAS, or per- and polyfluoroalkyl substances, in Texas farms and ranches that use fertilizers made from treated sewage. PFAS, often called “forever chemicals” because they don’t break down and can persist in water and soil indefinitely, are known to cause serious health and environmental risks.

Kerwin said she filed the bill after Johnson County farmers sued a fertilizer company, alleging that PFAS-contaminated fertilizer made from municipal waste poisoned their land, killed their livestock, and left them unable to sell anything produced on their farms.

The bill requires manufacturers of products made from biosolids to test them monthly before selling them and sets limits on the concentrations of specific PFAS chemicals, including widely-studied compounds like perfluorooctanoic acid (PFOA) at 900 parts per trillion. If the samples surpass those limits, companies would be required to dispose of the product through incineration or at a landfill approved for toxic waste.

The bill also requires companies to publish PFAS results on their websites.

Companies that violate the law would face Class A misdemeanor charges, which carry a punishment of up to one year in jail and a $4,000 fine; repeat offenders could be charged with a state jail felony and face up to two years in state jail and fines up to $10,000.

Dana Ames, the environmental crime investigator for Johnson County who discovered the contamination on the farmers' land, said the limits on certain PFAS were determined by scientists who analyzed how the chemicals respond to soil and accumulate in animals and plants.

"Farmers have been horribly taken advantage of,” Ames said. “I'm very proud that our legislators heard our cries for help, saw the problem, understood the issue and the magnitude of what we were dealing with, and stepped up.”

PFAS have been used in various industrial and consumer products since the 1940s due to their resistance to heat, stains, and water. However, their durability comes with a cost: they don’t break down and can accumulate in the environment, in animals and even human bloodstreams. Exposure to certain types of PFAS has been linked to health problems including cancer, birth defects, liver damage, and immune system disorders.

For decades, fertilizers made from biosolids or sewage sludge have been promoted as a sustainable way to recycle municipal waste. The U.S Environmental Protection Agency has even supported their use. However, many farmers and ranchers nationwide that used PFAS-tainted fertilizers on their land have been forced to shut down their operations due to poisoned land and livestock.

The EPA does not require states to test biosolids for the chemicals. Some states have passed their own PFAS standards for biosolids; Texas is not among them.

The EPA is evaluating the threats of PFAS in biosolids and is expected to share what they know by the end of December.

Kerwin’s bill comes at a time when PFAS are under increasing scrutiny nationwide. Earlier this month, Texas Attorney General Ken Paxton filed a lawsuit against chemical giants 3M and DuPont, accusing them of misleading the public about PFAS sold in many of their consumer products. Environmental advocates praised the move as evidence that addressing PFAS contamination transcends party lines.

Kerwin echoed this sentiment, emphasizing the importance of bipartisan support for the bill.

“I'm just looking for the support of fellow legislators, and hopefully we can present it as a non-partisan bill, and all the elected officials realize it affects everyone,” she said.

Kerwin said that when she was running for office, she told Johnson County officials and farmers that if she won she would make this bill her priority and “take this home” for them.