Question Period Note: CHEMICAL CONTAMINANTS IN MUNICIPAL BIOSOLIDS

Q1 – What is the Canadian Food Inspection Agency doing to protect animals and the food chain from contaminants in biosolids? Q2 – Has the Government of Canada formulated a risk management plan to mitigate risks posed by perfluoroalkyl and polyfluoroalkyl substances (PFAS)? Q3 – How are biosolids imported from the United States to Quebec regulated? Q4 - Why is the Government of Canada not applying standards as strict as those proposed by the Government of Quebec?

R.1 - The Canadian Food Inspection Agency, along with Environment and Climate Change Canada and Health Canada evaluated the level of risk posed by perfluoroalkyl and polyfluoroalkyl substances (PFAS).
A suite of control actions is being developed to reduce human and environmental exposure to PFAS throughout a product’s life cycle, from manufacturing to disposal.
As part of these efforts, the Canadian Food Inspection Agency is implementing an interim standard for PFAS to help protect food and feed from highly contaminated biosolids. A public consultation on the proposed interim standard was concluded in February 2024, which followed a targeted consultation with the Provinces, Territories and the biosolids industry.
The Canadian Food Inspection Agency is reviewing the feedback received and targeting implementation for spring 2024. R.2 - In May 2023, Health Canada and Environment and Climate Change Canada published a draft Report on the State of Per-and polyfluoroalkyl substances (PFAS), including risk management options, in Canada Gazette, Part I which launched a 60-day public consultation.
Comments from the consultation will be taken in to consideration as the report and risk management approach is now complete and will soon be published. R.3 - All provinces, including Quebec, are responsible for regulating the manufacture, use and disposal of municipal biosolids, including their application to agricultural land.
In March, 2023, the Government of Quebec issued a temporary moratorium on the use of imported biosolids on agricultural lands. On October 20, 2023, it announced its intent to consult on new PFAS standards that would apply to all biosolids, composts, paper sludge, and other residual fertilizer materials.
The Canadian Food Inspection Agency will continue working with provincial governments to develop a coordinated approach to protect the safety of Canadians and support the needs of our agricultural sector. R.4 - The Canadian Food Inspection Agency sets federal safety standards for fertilizers that are imported into or sold in Canada. These science-based standards set the minimum requirements that all regulated materials must meet.
Provinces and territories have authority over the land application of materials within their borders. Each province and territory may establish stricter requirements to address regional needs, such as different climactic or soil conditions or population densities. 

What are biosolids?
Biosolids result from the treatment of municipal sewage in a wastewater treatment facility. When treated to reduce pathogens and applied at the right rate, right place, and right time, they can be a beneficial source of nutrients and organic matter in agriculture. Such beneficial practices also divert organic waste from landfills and reduces greenhouse gas emissions.
Approximately 660,000 dry-tons of biosolids are produced annually in Canada. Biosolids can have multiple use but about half of what is produced in Canada is land-applied (including agriculture).
Effective management of biosolids includes controlling where waste comes from (differentiating between industry and house-hold waste, and removing heavily contaminated sources), proper treatment and managed conditions for land application.

What are PFAS?
Per- and polyfluoroalkyl substances (PFAS) are a group of over 4,700 human-made substances that are used as surfactants, lubricants, repellents (for dirt, water, and grease). They can be found in certain firefighting foams, textiles (including carpets, furniture, and clothing), cosmetics, and in food packaging materials.
Based on what is known about these substances and the expectation that combined exposures to multiple PFAS increase the likelihood of detrimental impacts, the Government is proposing that the entire class of substances is a concern for human health and the environment under the Canadian Environmental Protection Act. This designation would allow the Government to implement additional regulatory controls on the use of these substances.
PFAS are not used or added in the production or treatment of biosolids. Their presence in biosolids is a direct result of industrial and household waste discharged into the municipal sewer system.
Due to their wide-spread use, PFAS can be detected air, surface water, groundwater, wildlife, fish and human tissues. Therefore, their presence in household and industrial municipal waste is unavoidable. For this reason, PFAS can be present as contaminants in biosolids.
Controlling what goes into the municipal sewage system at the source is the most effective means of managing the level of PFAS contamination in biosolids. In addition, regulatory standards and limits as well as appropriate import and use restrictions have also shown to be effective.

Regulatory landscape
Environment and Climate Change Canada and Health Canada:
The manufacture, use, sale, offer for sale and import of certain PFAS (e.g., perfluorooctane sulfonate (PFOS), perfluorooctanoic acid (PFOA), long-chain perfluorocarboxylic acids (LC-PFCAs)) and products that contain them, are prohibited in Canada through the Prohibition of Certain Toxic Substances Regulations, 2012, under the Canadian Environmental Protection Act, 1999. There are however exemptions.
In May 2022, proposed regulations were published that would further restrict these groups of substances by removing or providing time-limits for most remaining exemptions.
In May 2023, HC and ECCC published in the Canada Gazette, Part I, the draft State of Per-and polyfluoroalkyl substances (PFAS) Report, and the risk management scope for PFAS, launching a 60-day public consultation. The Report proposes that the entire class of PFAS is harmful to human health and the environment, and the risk management scope proposes actions to reduce human and environmental exposures to PFAS.
In addition to the “state of PFAS report”, HC is consulting on a standard for PFAS in Canadian drinking water. The consultation document identifies an objective of 30ng/L, or 30 parts per trillion (ppt) for total PFAS in drinking water. HC’s proposed standard differs from the US EPA (see below) in that it would set a standard based on a cumulative total of all PFAS that are currently measurable using the commonly used drinking water method. In contract, the US EPA method sets maximum limits for individual chemicals in the PFAS class. Those individual limits are lower, but the sum of their presence in a US EPA-compliant water sample could exceed the “total” limit set by HC.

Canadian Food Inspection Agency: The Canadian Food Inspection Agency is currently developing the capacity to monitor fertilizers and supplements for their PFAS content. The Canadian Food Inspection Agency is also consulting on its interim standard (less than 50 parts per billion (ppb)) of perfluorooctane sulfonate (PFOS) used as an indicator) in imported and domestic biosolids used as fertilizers.
Provinces/Canadian Council of Ministers of the Environment (CCME): CCME, as well as individual provinces are focused on implementing standards for PFAS in soil and drinking water – there are, as or yet, no standards specific to biosolids. The Canadian Food Inspection Agency is working with provinces so that any provincial standards are based on the same science and that the risk management is aligned.
Province of Quebec: On February 24, 2023, the Government of Quebec announced a moratorium on the agricultural application of biosolids fertilizers imported from the United States. The prohibition is intended to be a transitional measure until a standard is in place to ensure that municipal biosolids generated outside of Canada have low enough levels of PFAS. In November 2023, Quebec launched a targeted consultation on proposed new PFAS standards that would apply to a broader group of waste-derived materials including biosolids, composts, paper sludges and products that contain them. Quebec is currently reviewing feedback received.
US EPA: The US Environmental Protection Agency is in the process of conducting a risk assessment specific to PFAS in biosolids. They are targeting December 2024 for completing and publishing their assessment. On April 10, 2024, the US EPA announced national drinking water standards for PFAS chemicals (including PFOS). Allowable upper-levels range from 4 to 10 parts per trillion.
PFAS in biosolids – state-by-state: Fertilizers are regulated on a state-by-state basis in the US (not federally). This has resulted in a diverse range of approaches in the US ranging from inaction to a complete ban of land application of biosolids.
Some examples include:
• Maine: following several cases of farmland and animals severely impacted by the spread of PFAS-contaminated biosolids, Maine announced very strict rules for PFAS which effectively placed a ban on the application of biosolids to land in April 2022.
• Michigan: the Department of Environment, Great Lakes and Energy published an interim approach to PFAS that limits the use of biosolids based on their level of perfluorooctane sulfonate (PFOS) contamination (PFOS is a common type of PFAS found in biosolids and has been extensively studied). Producers of biosolids are required to test their products.
• Washington State: The Department of the Environment reviews all applications involving waste-derived materials and conducts risk assessments for their application to land. The result of the assessment is either a rejection or an approval for use with conditions.
• New York State: the Department of Environmental Conservation implemented interim PFAS standards for land applied biosolids in September 2023 with the intent that they remain in place until the US EPA publishes their risk assessment on PFAS in biosolids. The interim standard prohibits land-application of biosolids containing more than 50ppb of PFOS.
• Australia and New Zealand: These countries are preparing draft guidance (to be finalized in 2024) that sets out criteria to limit biosolids application rates based on their level of PFAS contamination. Permissible biosolids application rates consider the background soil PFAS levels, the PFAS in the biosolids, human exposure scenarios and current/future land uses for the specific site. Where PFAS concentrations in biosolids are high enough to prohibit their beneficial re-use, the guidance will state that they must be treated or disposed of (according to jurisdictional requirements for PFAS-contaminated wastes).

Government of Canada Action Plan on Biosolids:
Domestic and international jurisdictions are closely monitoring scientific developments in the area of PFAS contamination in biosolids.
As part of the Government of Canada’s broader suit of actions, the Canadian Food Inspection Agency is working closely with domestic and international stakeholders to protect humans, plants, animals, and the environment.
Any regulatory action on biosolids must be carefully considered in the context of available science and the level of reported risk as well as any potential negative impacts on the waste diversion sector. This includes treatment facilities, generators and processors, landfill operators and ultimately farmers who use these products to offset the rising fertilizer cost and to reduce greenhouse gas emissions.
The Canadian Food Inspection Agency will continue to work with its federal partners, provincial counterparts and international counterparts to ensure up-to-date science is available and to coordinate standards and, as appropriate, land application restrictions.

• The Government is committed to protecting the health of Canadians, the environment and the economy.

• The Canadian Food Inspection Agency regulates municipal biosolids that are imported or sold as commercial fertilizers.

• The Canadian Food Inspection Agency, Environment and Climate Change Canada, and Health Canada are collaborating with provincial partners to protect human health, the environment and the safety of Canadian agriculture.

• Well-managed biosolids can enrich agriculture, divert waste from landfills, cut greenhouse gases, and produce energy.