Per- and polyfluoroalkyl substances (PFAS) are man-made chemicals that are persistent (don't degrade) and toxic to human health and the environment. The Canadian Food Inspection Agency's (CFIA) interim standard is part of a broader Government of Canada suite of risk control measures intended to reduce human and environmental exposure to PFAS, from their point of manufacture to their disposal (product life cycle approach).
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Overview of engagement process
After gathering input from federal partners, the CFIA conducted targeted consultations on the implementation of the interim standard with the provinces and biosolids industry from September 13 to October 11, 2023. After considering comments received through the initial targeted consultation, the CFIA launched a broad, 60-day, public consultation from December 22, 2023 through February 20, 2024.
Feedback was received from:
- national fertilizer industry associations
- national and regional biosolids industry associations
- individual biosolids processors and generators
- national and provincial agricultural associations
- consumers and related associations
- non-government organizations
- the general public
21 different sets of comments and questions were received during the public consultation period.
What we heard
Overall, respondents welcomed the opportunity to provide feedback on the proposed interim PFAS standard. As with the previous targeted consultation, feedback received was generally supportive of the proposed interim standard for PFAS in municipal biosolids imported or sold as fertilizers. Stakeholders provided valuable perspectives and information to establish an understanding of their level of support for the implementation of the interim standard for PFAS substances.
Industry associations and the waste treatment and diversion sector
Respondents representing this industry sector expressed support for the proposed interim standard, citing that it will have minimal negative impact on waste diversion efforts and will allow continued access for farmers who use biosolids to offset fertilizer costs and improve soil health.
These respondents are pleased that the CFIA has modeled its approach after Michigan's, focusing on available scientific data in evaluating risks and developing standards. Respondents re-affirm that the proposed interim standard would not restrict import or sale (and therefore agricultural land application) of the vast majority of biosolids - as most are not industrially impacted (and therefore below the proposed PFOS limit).
Many respondents from the sector requested that the CFIA publish detailed sampling protocols and make a list of accredited laboratories available, to provide guidance to generators, processors, and importers. Comments reflected concern for preparedness if the standard was implemented without the requested detailed guidance from the CFIA. There was consensus among these respondents that additional validated testing methods would be beneficial to increase the availability of testing and keep costs minimal.
Several comments were in support of regulations targeting the source of PFAS contamination (before contamination of the wastewater stream), through a broader Government of Canada approach. They cite that eliminating upstream contributors of these chemicals into the municipal wastewater systems through regulatory measures on companies and institutions discharging these chemicals would effectively reduce PFAS presence in biosolids. Comments received highlight the fact that wastewater treatment plants are not generators of PFAS, but rather "passive receivers" of PFAS substances.
Growers and agricultural associations
Agricultural associations largely endorsed the interim standard as they appreciate that it will allow for the continued availability of a critical nutrient and organic matter source. As the CFIA's 2023 assessment showed that 92% of tested domestic biosolids met this standard, respondents state that the standard will not impact their access to needed materials but will exclude contaminated biosolids from import and sale in Canada. Responding growers and agricultural associations agree that this is a necessary safety measure.
The respondents identified the important role of biosolids in agriculture when used as a fertilizer or supplement, to augment manure or traditional fertilization. They also highlighted the importance of well-balanced communication that identifies the risks of PFAS, but also conveys the environmental and economic benefits of organic waste diversion and recycling, and in using municipal biosolids in agriculture.
There were some concerns shared that the proposed limit would not be not sufficiently restrictive, particularly for imported biosolids. One association recommended a ban of imported biosolids to protect Canadian agricultural land. Additional concerns were raised regarding the presence of contaminants other than PFAS in biosolids materials. Several respondents in this group questioned the narrow scope of the interim standard and asked that the CFIA consider applying the threshold to composts; digestates and other mixtures; and organic residuals or derivatives; that are likely to contain PFAS, in the future.
General public
Contamination of biosolids with PFAS chemicals is of particular concern to respondents from the general public. We heard strong support for the implementation of any/all control measure to address this concern, including the proposed interim standard for PFAS in municipal biosolids. Some respondents recommended a ban of biosolids application to agricultural land, and/or a lower limit for the interim standard or more frequent requirement for testing, to be more protective. Other respondents found the approach to be sufficient to prevent contaminated biosolids from being imported or sold in Canada (and therefore prevent application to Canadian soil), while still allowing beneficial use of material that is not heavily contaminated.
A number of concerns were raised by respondents related to other contaminants applied to the agricultural soil environment, with a request for the federal government to apply more, and stricter regulation on pollutants in agriculture.
How the feedback was considered
The CFIA carefully considered all feedback received. The CFIA has prepared a detailed guidance document on the interim standard that includes documentation requirements, sampling and sample handling procedures, and analytical method requirements in a Trade Memorandum: T-4-132: PFAS standard for commercial biosolids imported or sold in Canada as fertilizers. CFIA laboratories are also in the process of validating a testing method for PFAS (including PFOS) in biosolids so that additional compliance verifications could be done in-house in the future.
The CFIA will continue to compile Canadian data on mixtures and other waste residuals to identify whether or not establishing a PFAS threshold would be appropriate for these materials. The CFIA will also continue to collaborate with Environment and Climate Change Canada and Health Canada on risk mitigation measures to minimize the discharge of PFAS at the source (manufacturing, consumer products, etc.) and to support provinces in the development and implementation of provincial risk mitigation approaches that meet their regional needs in terms of agro-climatic conditions and market realities.
The CFIA will closely follow both scientific developments and risk mitigation actions taken by domestic and international jurisdictions and adjust its interim standard accordingly. The CFIA continues to be actively engaged in risk monitoring for other contaminants of concern, including those that are/may be found in biosolids. The CFIA will take action when required to protect human, animal plant and environmental safety related to the use of fertilizer and supplement products.
The CFIA is committed to continue working closely with industry to ensure successful implementation of the interim standard.
Next steps
The interim standard for PFAS levels in commercial biosolids was announced by the CFIA on June 18, 2024. Enforcement at import and through domestic inspections will start on October 18, 2024, four months after the announcement. The CFIA is providing this time so that importers and domestic producers of commercial biosolids can arrange and perform testing in order to meet the requirement for a Certificate of Analysis that demonstrates compliance with the interim standard, before the October enforcement start-date.