EPA-PFAS STANDARDS

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3101

Introduced 1/29/2026, by Sen. Julie A. Morrison

SYNOPSIS AS INTRODUCED:

415 ILCS 5/Tit. XIX heading new
415 ILCS 5/60 new
415 ILCS 5/60.1 new
415 ILCS 5/60.2 new
415 ILCS 5/60.3 new
415 ILCS 5/60.4 new

Amends the Environmental Protection Act. Creates the PFAS Biosolids
Testing and Land Application Standards Title within the Act. Provides that
a facility that intends to land apply biosolids in the State must collect
and analyze at least one representative sample of finished biosolids for
PFAS before land application in each calendar year, with required
submission to the Environmental Protection Agency at least 14 days before
land application on a farm or parcel of land. Provides that, for biosolids
designated as Exceptional Quality (EQ), sampling and submission must be
quarterly. Sets conditions for land application pursuant to the results of
the PFAS test based on PFAS concentration. Requires written notification
to the landowner or person responsible for the land, and retention of
records by the facility. Requires the Agency to propose and the Pollution
Control Board to adopt rules. Contains findings. Defines terms. Effective
immediately.
LRB104 18818 BDA 32261 b

A BILL FOR

SB3101
LRB104 18818 BDA 32261 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Environmental Protection Act is amended by
5
adding Title XIX as follows:

6

(415 ILCS 5/Tit. XIX heading new)
7
TITLE XIX.

8
PFAS BIOSOLIDS TESTING AND LAND APPLICATION STANDARDS

9

(415 ILCS 5/60 new)
10

Sec. 60.
Findings; definitions.

11

(a) The General Assembly finds that:
12

(1) Biosolids are nutrient-rich organic materials
13

resulting from the treatment of domestic sewage and may
14

contain perfluoroalkyl and polyfluoroalkyl substances
15

(PFAS).

16

(2) PFAS chemicals, including perfluorooctanoic acid
17

and perfluorooctane sulfonate, are persistent in the
18

environment and present human health and ecological risks
19

if not managed properly.

20

(3) Current interim strategies, such as that developed
21

by the Michigan Department of Environment, Great Lakes,
22

and Energy, set thresholds for PFAS concentrations in

SB3101
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LRB104 18818 BDA 32261 b
1

biosolids and specify land application requirements to
2

protect public health and the environment.

3

(4) Codifying standards based on these thresholds will
4

improve transparency, ensure consistent regulatory action,
5

and protect farmers, landowners, and communities.

6

As used in this Title:

7

"Agency" means Illinois Environmental Protection Agency.
8

"Biosolids" means treated residuals from a wastewater
9
treatment plant that are suitable for land application after
10
stabilization and pathogen reduction.
11

"PFAS" means perfluoroalkyl and polyfluoroalkyl
12
substances, including, at a minimum, perfluorooctanoic acid
13
and perfluorooctane sulfonate.
14

"Representative sample" means a biosolids sample collected
15
in accordance with Agency procedures that accurately reflects
16
the finished biosolids product for PFAS analysis.

17

(415 ILCS 5/60.1 new)
18

Sec. 60.1.
PFAS testing requirements for biosolids.

19

(a) A facility that intends to land apply biosolids in the
20
State must collect and analyze at least one representative
21
sample of finished biosolids for PFAS before land application
22
in each calendar year.

23

(b) The results of the PFAS analysis under subsection (a)
24
shall be submitted to the Agency at least 14 days before land
25
application of biosolids on a farm or parcel of land.

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LRB104 18818 BDA 32261 b
1

(c) A facility that intends to land apply biosolids
2
designated as Exceptional Quality (EQ) as defined under
3
Section 3.560 of this Act must sample quarterly and submit
4
quarterly PFAS results to the Agency under this Section.

5

(415 ILCS 5/60.2 new)
6

Sec. 60.2.
PFAS concentration thresholds and land
7
application standards.

8

(a) In this Section:

9

"Elevated PFAS concentration" means perfluorooctanoic acid
10
or perfluorooctane sulfonate concentrations at or above 20
11
micrograms per kilogram but below 100 micrograms per kilogram.
12

"Low PFAS concentration" means perfluorooctanoic acid and
13
perfluorooctane sulfonate concentrations below 20 micrograms
14
per kilogram.
15

"Industrially impacted PFAS concentration" means
16
perfluorooctanoic acid or perfluorooctane sulfonate
17
concentrations at or above 100 micrograms per kilogram.

18

(b) Conditions for land application pursuant to the
19
results of the PFAS test and analysis under Section 60.1 are as
20
follows:

21

(1) Low PFAS concentration pursuant to the PFAS test
22

and analysis under Section 60.1 shall have the following
23

consequences:
24

(A) land application of biosolids at agronomic
25

rates is permitted without additional rate

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LRB104 18818 BDA 32261 b
1

restrictions beyond standard agronomic requirements;
2

and
3

(B) the landowner or farmer shall be informed of
4

the PFAS test results before application.

5

(2) Elevated PFAS concentration pursuant to the PFAS
6

test and analysis under Section 60.1 shall have one of the
7

following consequences:
8

(A) land application of biosolids may proceed only
9

at a reduced rate not exceeding 1.5 dry tons per acre;
10

(B) the facility may submit an alternative risk
11

mitigation strategy for Agency approval at least 14
12

days before land application; or
13

(C) the facility must implement a source reduction
14

plan and additional sampling of the source effluent to
15

investigate PFAS sources, as required by the Agency.

16

(3) Industrially impacted PFAS concentration pursuant
17

to the PFAS test and analysis under Section 60.1 shall
18

have the following consequences:
19

(A) biosolids in this category are prohibited from
20

being land applied in the State; and
21

(B) the facility shall arrange alternative
22

treatment and disposal and implement a source
23

reduction plan.

24

(415 ILCS 5/60.3 new)
25

Sec. 60.3.
Landowner notification and records.

Before the

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LRB104 18818 BDA 32261 b
1
land application of biosolids, the facility that intends to
2
land apply biosolids must provide written notification to the
3
landowner or person responsible for the land identifying:
4

(1) the PFAS concentrations in the biosolids; and
5

(2) any rate restrictions or conditions applicable
6

under Section 60.2.
7

Facilities must retain records of all PFAS sampling
8
results, notifications, and mitigation plans for a minimum of
9
5 years and make these records available upon request by the
10
Agency.

11

(415 ILCS 5/60.4 new)
12

Sec. 60.4.
Rulemaking.

The Agency shall propose and the
13
Board shall adopt any rules necessary to implement,
14
administer, and enforce the provisions of this Title,
15
including analytical methods, sampling protocols, reporting
16
procedures, and compliance timelines.

17

Section 97.
Severability.
The provisions of this Act are
18
severable under Section 1.31 of the Statute on Statutes.

19

Section 99.
Effective date.
This Act takes effect upon
20
becoming law.

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