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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2141 By: Grellner
AS INTRODUCED
An Act relating to agricultural and environmental
protection; creating the Oklahoma PFAS-Safe Biosolids
and Farmland Protection Act; providing short title;
defining terms; regulating land application of
biosolids and septage; requiring testing of per- and
polyfluoroalkyl substances (PFAS) prior to land
application; establishing PFAS tiers; providing
corresponding management requirements of PFAS tiers;
providing for enforcement or reporting and penalties;
providing for rulemaking; providing for
noncodification; providing for codification; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the “Oklahoma PFAS-
Safe Biosolids and Farmland Protection Act”.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-42 of Title 2, unless there is
created a duplication in numbering, reads as follows:
As used in this act:
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1. “Agricultural land” means cropland, pasture, rangeland,
orchards, or other land used for growing food or feed crops or for
grazing or raising livestock;
2. “Biosolids” means treated sewage sludge derived from
municipal or domestic wastewater treatment plants that meets federal
and state criteria for land application to improve soil or fertilize
crops;
3. “Generator” means any publicly owned treatment works,
wastewater treatment facility, septage hauler, or other entity that
produces or manages human-derived biosolids or septage for land
application;
4. “Human manure” means sewage sludge, biosolids, or domestic
septage derived from human excreta and other domestic wastewater
streams intended for land application;
5. “Land application” means the placement or spreading of
biosolids, human manure, or septage on or into the soil surface or
subsoil of agricultural land for agronomic or soil-conditioning
purposes; and
6. “PFAS” means per- and polyfluoroalkyl substances, including
but not limited to PFOA, PFOS, PFHxS, PFNA, PFHxA, and any
additional compounds designated by the Department of Environmental
Quality by rule.
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SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-43 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. No human-derived biosolids or septage shall be land-applied
to agricultural land in this state unless the material has been
sampled and analyzed for PFAS by a laboratory accredited for PFAS in
solids using EPA Method 1633 or a successor method approved by the
Department of Environmental Quality.
B. Generators intending to land-apply biosolids or septage on
agricultural land shall:
1. Conduct PFAS testing at a minimum frequency based on annual
production volume, as specified by the Department of Environmental
Quality by rule, which shall be no less than once per year and no
more than once per month; and
2. Analyze, at a minimum, for PFOA, PFOS, PFHxS, PFNA, and any
other PFAS compounds designated by the Department of Environmental
Quality.
C. Test results shall be reported to the Department of
Environmental Quality and made available to landowners and operators
of receiving agricultural land prior to any land application event.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-44 of Title 2, unless there is
created a duplication in numbering, reads as follows:
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A. The Department of Environmental Quality shall establish a
tiered PFAS concentration framework for biosolids and septage
intended for land application, modeled on approaches adopted in
other states, including but not limited to “unrestricted”,
“restricted”, “conditional”, and “prohibited” categories.
B. Until rules and procedures are adopted, the following
interim tiers shall apply based on the sum of PFOA and PFOS in
biosolids or septage, which shall be measured on a dry weight basis:
1. Tier 1: Less than twenty micrograms per kilogram (20 μg/kg)
total PFOA plus PFOS. Land application on agricultural land shall
be permitted in accordance with existing biosolids regulations, with
no additional PFAS-related restrictions beyond routine monitoring;
2. Tier 2: Twenty to fifty micrograms per kilogram (20 to 50
μg/kg) total PFOA plus PFOS. Land application on agricultural land
shall be permitted only at reduced application rates determined by
the Department of Environmental Quality, with written notice to the
receiving landowner, operator, and local conservation district;
3. Tier 3: Greater than fifty to one hundred micrograms per
kilogram (50 to 100 μg/kg) total PFOA plus PFOS. Land application
on agricultural land shall be subject to strict rate limits,
enhanced recordkeeping, and implementation of a source
identification and reduction plan for upstream PFAS sources. The
Department of Environmental Quality may further restrict or suspend
land application under this tier based on local conditions; and
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4. Tier 4: Greater than one hundred micrograms per kilogram
(100 μg/kg) total PFOA plus PFOS. Land application on agricultural
land shall be prohibited. Generators shall utilize alternative
disposal or treatment methods authorized by the Department of
Environmental Quality, and a source identification and reduction
plan shall be mandatory.
C. The Department of Environmental Quality may adopt more
protective tier thresholds, additional PFAS analytes, or total PFAS
metrics by rule based on emerging science, EPA guidance, or state
risk assessments.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-45 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. Before any land application of human-derived biosolids or
septage, the generator or applicator shall provide the landowner and
farm operator with:
1. The most recent PFAS test results, including concentrations
of each analyte measured; and
2. Written identification of the applicable tier under Section
4 of this act and any associated restrictions.
B. Land application shall not occur on agricultural land unless
the landowner or authorized operator has provided written consent
acknowledging receipt of PFAS test results and tier information.
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SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-46 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. The Department of Environmental Quality, in consultation
with the Oklahoma Department of Agriculture, Food, and Forestry,
shall adopt additional safeguards for land application of biosolids
on land used for:
1. Production of food crops for direct human consumption;
2. Production of animal feed, including hay and pasture; and
3. Grazing of livestock.
B. Such safeguards may include:
1. Additional PFAS testing of soil, forage, or milk where
biosolids have been applied;
2. Use restrictions, holding periods, or crop limitations
following land application; and
3. Prohibitions on land application in sensitive areas such as
wellhead protection zones and shallow groundwater regions.
SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-47 of Title 2, unless there is
created a duplication in numbering, reads as follows:
A. Generators and applicators shall maintain records of PFAS
testing, land application locations, dates, rates, and receiving
landowner information for a period of at least ten (10) years.
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B. The Department of Environmental Quality shall maintain a
publicly accessible online database of:
1. Registered biosolids generators and applicators;
2. Summary PFAS test results; and
3. General locations of agricultural land where biosolids have
been applied at a mapped or township-range level.
SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-48 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Department of Environmental Quality may issue orders,
suspend or revoke permits, and assess civil penalties for violations
of this act or rules adopted under it, including land application
without required PFAS testing, land application above authorized
tiers, or falsification of test results. Each day of noncompliance
and each discrete land application event in violation of this act
may be treated as a separate violation for purposes of penalties.
SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-49 of Title 2, unless there is
created a duplication in numbering, reads as follows:
The Environmental Quality Board is authorized and directed to
promulgate rules necessary to implement this act, including but not
limited to rules regarding test frequency, additional PFAS analytes,
tier thresholds, application rate formulas, and coordination with
federal regulations and guidance.
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SECTION 10. This act shall become effective November 1, 2026.
60-2-3501 YG 1/15/2026 1:33:07 PM