FOR IMMEDIATE RELEASE
Thursday, February 13, 2025
Contact:
Kyla Bennett (508) 230-9933 kbennett@peer.org
Laura Dumais (202) 792-1277 ldumais@peer.org
Texas County Seeks Federal Aid for PFAS Contamination
Johnson County Commissioners Pass Resolution for Emergency Declaration
Washington, DC — A Texas county is sounding the alarm about toxic “forever chemicals” in biosolid fertilizers poisoning livestock, fouling ground, surface, and drinking water, and sickening residents. A resolution passed by the Commissioners of Johnson County, Texas, this week calls on Governor Abbott to declare an emergency in the county due to high levels of per- and polyfluoroalkyl substances (PFAS) in sewage sludge fertilizers, according to Public Employees for Environmental Responsibility (PEER) which spoke in support of the measure.
The resolution cites widespread PFAS contamination in the soils, groundwater, surface water, well water, and animal tissue on ranches, farms, and property in the county. An emergency declaration by the Governor would give residents whose property is contaminated with PFAS the opportunity to apply for federal assistance.
PEER is representing Johnson County and several ranchers in Johnson County whose livelihoods have been destroyed by PFAS contamination in a lawsuit against the U.S. Environmental Protection Agency. The lawsuit alleges that EPA failed to set limits on the amount of PFAS allowed in sewage sludge used as fertilizers as required under the federal Clean Water Act.
“Millions of tons of sewage sludge contaminated with PFAS are being applied as fertilizer throughout the country,” says PEER Science Policy Advisor Kyla Bennett, a scientist and attorney formerly with EPA. “Ranchers in Johnson County are innocent victims of EPA’s failure to act to address this growing catastrophe.”
Biosolids, also known as sewage sludge, are the treated organic matter separated from human sewage waste. Biosolids typically contain a variety of persistent pollutants, including two PFAS of which EPA says there is no safe level of consumption. The levels found in samples from Johnson County farms were dangerous to both human health and the environment.
In court filings, EPA contends that it cannot be sued for failing to protect public health and the environment from toxic PFAS in sewage sludge applied to land as fertilizer, even though Congress requires EPA to identify additional toxic pollutants in sewage sludge and regulate those that may be dangerous to human health so that regulations reflect the latest science and capture emerging threats.
“Johnson County is working hard to make sure its residents are compensated for the harm others have caused to their property and livelihoods,” added PEER Staff Counsel Laura Dumais, who is litigating the suit. “To solve this problem, however, EPA needs to stop ducking its responsibility to regulate PFAS in sewage sludge fertilizer.”
The State of Maine has already banned PFAS in biosolids and the Texas Legislature is taking up a measure to prohibit land application of biosolids with high PFAS levels. The Trump EPA has yet to signal how it will respond to the burgeoning PFAS crisis afflicting American agriculture.
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Listen to the Johnson County Commissioners Discuss and Vote on the Resolution
See how EPA is Ducking Its Responsibility to Avoid Regulating PFAS in Sewage Sludge
Learn More About PEER’s Lawsuit on Behalf of Johnson County and its Ranchers
