HB1085: PFAS Expert Advisory Committee; established, monitoring sources.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, relating to Department of Environmental Quality; PFAS; identification; monitoring; PFAS Expert Advisory Council established; report.
[H 1085]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, as follows:

Article 13.
Per- and Polyfluoroalkyl Substances.

§ 62.1-44.34:29. Definitions.

As used in this article, unless the context requires a different meaning:

"Committee" means the PFAS Expert Advisory Committee established in § 62.1-44.34:33.

"EPA" means the U.S. Environmental Protection Agency.

"HFPO-DA" means hexafluoropropylene oxide dimer acid.

"PFAS" means per- and polyfluoroalkyl substances, which are any fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances. "PFAS" includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS.

"PFAS maximum contaminant level" or "PFAS MCL" means any maximum contaminant level for any PFAS chemical or mixture of PFAS chemicals (i) established by the EPA as a national primary drinking water regulation or (ii) for the interim period of time between the EPA's proposal and final agency action for adopting a national primary drinking water regulation, the EPA's proposed level, provided that the EPA's proposed level may be used only for nonregulatory purposes of self-reporting of manufacturing or use, monitoring, and PFAS assessments as provided in this article.

"PFBS" means perfluorobutane sulfonate.

"PFHxS" means perfluorohexane sulfonate.

"PFNA" means perfluorononanoic acid.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

"Public water system" means a system that provides piped water for human consumption and (i) serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents or (ii) regularly serves at least 25 of the same persons over six months of the year.

"VDH" means the Virginia Department of Health.

"VPDES" means the Virginia Pollutant Discharge Elimination System.

§ 62.1-44.34:30. PFAS assessments for identification of sources of PFAS in public water supplies.

A. For every public water system, VDH shall assist the Department by on a quarterly basis transferring to the Department all validated monitoring results available to VDH under federal regulations or otherwise in VDH's possession that indicate PFAS MCL exceedances, including data generated by VDH's independent PFAS monitoring activities or submitted by public water systems to VDH.

B. For every public water system for which VDH has notified the Department pursuant to subsection A or the public water system has directly demonstrated to the Department that PFAS in finished water has been detected above any PFAS MCL using Method 533, Method 537.1, or other EPA-approved method for drinking water, the Department shall develop and implement a plan to prioritize and conduct PFAS assessments for identifying significant sources of PFAS in such public water system's raw water source or sources. Such prioritization plan shall be developed within six months of the initial notification by VDH pursuant to subsection A and updated annually thereafter.

C. In developing its prioritization for conducting PFAS assessments, the Department shall consider (i) data and other information available from VDH regarding public water supplies, including but not limited to applicable PFAS data; (ii) any data or other information submitted directly to the Department by public water systems on a voluntary basis; (iii) information from consultation with VDH and public water systems with finished water monitoring results above any PFAS MCL; and (iv) other data or information the Department considers useful for setting priorities, including studies published in the scientific literature.

D. In conducting PFAS assessments, the Department shall consider the results of the self-reporting process required pursuant to § 62.1-44.34:31, the results of any effluent or instream monitoring required pursuant to § 62.1-44.34:32 or otherwise conducted by or available to the Department, and other PFAS-related data or information the Department deems useful for identifying significant sources.

E. In its reports of PFAS assessments, the Department shall identify potential regulatory and nonregulatory options for addressing each significant source of PFAS. The goal of such assessments shall be to protect public health by reducing significant sources of PFAS in raw water sources of public water systems and to ensure, to the maximum extent practicable, that the costs of public water systems are minimized.

§ 62.1-44.34:31. Self-reporting of PFAS manufacture and use for PFAS assessment.

A. For purposes of a PFAS assessment following notification to the Department pursuant to subsection B of § 62.1-44.34:30, the Department shall require any facility, if deemed by the Department to be a potential source of PFAS in the public water system's raw water source, that discharges to a surface water under a VPDES permit or that discharges to a publicly owned treatment works under an industrial pretreatment program permit to report to the Department, within 90 days after being directed by the Department, its manufacture or use of PFAS as provided in this section on a form provided by the Department. Such report shall include the chemical name and the Chemical Abstracts Service (CAS) number, if known or reasonably ascertainable, the amount manufactured or used in the preceding 12 months, and any additional information reasonably required by the Department to ascertain sources and quantities of PFAS manufactured or used.

B. For every facility that reports the use or manufacture of one or more PFAS in accordance with subsection A and that discharges to a publicly owned treatment works, the Department shall forward the information provided by the facility to such publicly owned treatment works within 30 days of receipt. Such reporting requirement shall not change the duty or discharge permits of a publicly owned treatment works.

C. Any portion of a report submitted to the Department pursuant to this section may be claimed as confidential by the submitter pursuant to § 62.1-44.21, except claims of confidentiality for the name, address, and location of the facility. Any such claim must be asserted at the time of submission in the manner prescribed on the reporting form or instructions. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in § 62.1-44.21.

D. For purposes of this section, use of PFAS (i) means intentional use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean use of manufacturing equipment that contains PFAS.

§ 62.1-44.34:32. Monitoring of PFAS sources for PFAS assessments.

A. For the purpose of PFAS assessments required pursuant to § 62.1-44.34:30, the Department shall require, after three months' advance notice, the owner or operator of any of the following facilities, if deemed by the Department to be a potentially significant source of PFAS in the public water system's raw water source, to perform and promptly report the results as received of representative quarterly discharge monitoring for an initial characterization period of one year, provided, however, that the Department may discontinue remaining quarterly monitoring by a facility with proper monitoring results that are below the method detection level for the first two quarters:

1. Any facility subject to self-reporting pursuant to § 62.1-44.34:31;

2. Any facility manufacturing PFAS, any electroplating or metal finishing facility using PFAS, any semiconductor or circuit board facility using PFAS, any paper or packaging manufacturing facility using PFAS, and any textile mills, tanneries, or leather, fabric, or carpet treaters using PFAS;

3. Any other facility that the Department has a reasonable basis to believe may use or manufacture PFAS based on the facility or activity type;

4. Any centralized waste treatment industrial facility;

5. Any industrial launderers defined by NAICS 812332;

6. Any facility discharging groundwater remediation wastewaters pursuant to the VPDES General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests; and

7. Any airport, air base, air station, fire training facility, landfill, or other facility or site that the Department has a reasonable basis to believe has significant soil or groundwater PFAS contamination significantly impacting finished water levels.

B. For purposes of this section, using or use of PFAS (i) means intentionally using or use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean using or use of manufacturing equipment that contains PFAS.

C. For purposes of monitoring under subsection A, the applicable laboratory test method is Method 1633 or such other method approved by the EPA that may be allowed by the Department. Monitoring reports shall include all PFAS analytes measured by the test method. For purposes of this section, the Department shall not require, and the facility and its laboratory shall be exempt from, environmental laboratory certification or accreditation requirements specifically for use of Method 1633.

§ 62.1-44.34:33. PFAS Expert Advisory Committee; report.

A. The Department, in consultation with VDH, shall establish the PFAS Expert Advisory Committee to assist the Department and VDH in identifying (i) PFAS sources through PFAS assessments and associated monitoring and reporting, (ii) public and private lab testing capacity issues, and (iii) options for reducing PFAS in source waters causing exceedances of PFAS MCLs.

B. Members of the Committee shall be appointed by the Director and shall include representatives of public drinking water and wastewater system owners, representatives of public health organizations, potential PFAS source categories, and conservation organizations with expertise in water treatment, water science, or PFAS chemistry, and other experts as determined by the Department. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.

C. The Department shall convene the Committee at least two times per calendar year through June 30, 2027, and thereafter as the Department deems appropriate.

D. The Department shall report annually by October 1 on its activities related to PFAS assessments, including the self-reporting process pursuant to § 62.1-44.34:31 and the discharge monitoring process pursuant to § 62.1-44.34:32, and on the activities of the Committee to the Governor and the General Assembly.

2. That this act shall not be construed as limiting the authority of the Department of Environmental Quality, the Virginia Department of Health, or the owner or operator of any publicly owned treatment works to which any user discharges wastewater to require monitoring or reporting or otherwise regulate the discharge of any PFAS chemicals or other pollutants under other applicable legal authority.

3. That for public water systems for which the Department of Environmental Quality has received notice on or before September 1, 2024, of PFAS detected above the threshold established in subsection B of § 62.1-44.34:30 of the Code of Virginia, as created by this act, the Department shall issue notice to applicable facilities by December 1, 2024, of required self-reporting under § 62.1-44.34:31 of the Code of Virginia, as created by this act, and required monitoring under § 62.1-44.34:32 of the Code of Virginia, as created by this act.


HOUSE BILL NO. 1085
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Appropriations
on February 7, 2024)
(Patrons Prior to Substitute--Delegates Rasoul and Bulova [HB 245])
A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, relating to Department of Environmental Quality; PFAS; identification; monitoring; PFAS Expert Advisory Council established; report.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, as follows:

Article 13.
Per- and Polyfluoroalkyl Substances.

§ 62.1-44.34:29. Definitions.

As used in this article, unless the context requires a different meaning:

"Committee" means the PFAS Expert Advisory Committee established in § 62.1-44.34:33.

"EPA" means the U.S. Environmental Protection Agency.

"HFPO-DA" means hexafluoropropylene oxide dimer acid.

"PFAS" means per- and polyfluoroalkyl substances, which are any fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances. "PFAS" includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS.

"PFAS maximum contaminant level" or "PFAS MCL" means any maximum contaminant level for any PFAS chemical or mixture of PFAS chemicals (i) established by the EPA as a national primary drinking water regulation or (ii) for the interim period of time between the EPA's proposal and final agency action for adopting a national primary drinking water regulation, the EPA's proposed level, provided that the EPA's proposed level may be used only for nonregulatory purposes of self-reporting of manufacturing or use, monitoring, and PFAS assessments as provided in this article.

"PFBS" means perfluorobutane sulfonate.

"PFHxS" means perfluorohexane sulfonate.

"PFNA" means perfluorononanoic acid.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

"Public water system" means a system that provides piped water for human consumption and (i) serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents or (ii) regularly serves at least 25 of the same persons over six months of the year.

"VDH" means the Virginia Department of Health.

"VPDES" means the Virginia Pollutant Discharge Elimination System.

§ 62.1-44.34:30. PFAS assessments for identification of sources of PFAS in public water supplies.

A. For every public water system, VDH shall assist the Department by on a quarterly basis transferring to the Department all validated monitoring results available to VDH under federal regulations or otherwise in VDH's possession that indicate PFAS MCL exceedances, including data generated by VDH's independent PFAS monitoring activities or submitted by public water systems to VDH.

B. For every public water system for which VDH has notified the Department pursuant to subsection A or the public water system has directly demonstrated to the Department that PFAS in finished water has been detected above any PFAS MCL using Method 533, Method 537.1, or other EPA-approved method for drinking water, the Department shall develop and implement a plan to prioritize and conduct PFAS assessments for identifying significant sources of PFAS in such public water system's raw water source or sources. Such prioritization plan shall be developed within six months of the initial notification by VDH pursuant to subsection A and updated annually thereafter.

C. In developing its prioritization for conducting PFAS assessments, the Department shall consider (i) data and other information available from VDH regarding public water supplies, including but not limited to applicable PFAS data; (ii) any data or other information submitted directly to the Department by public water systems on a voluntary basis; (iii) information from consultation with VDH and public water systems with finished water monitoring results above any PFAS MCL; and (iv) other data or information the Department considers useful for setting priorities, including studies published in the scientific literature.

D. In conducting PFAS assessments, the Department shall consider the results of the self-reporting process required pursuant to § 62.1-44.34:31, the results of any effluent or instream monitoring required pursuant to § 62.1-44.34:32 or otherwise conducted by or available to the Department, and other PFAS-related data or information the Department deems useful for identifying significant sources.

E. In its reports of PFAS assessments, the Department shall identify potential regulatory and nonregulatory options for addressing each significant source of PFAS. The goal of such assessments shall be to protect public health by reducing significant sources of PFAS in raw water sources of public water systems and to ensure, to the maximum extent practicable, that the costs of public water systems are minimized.

§ 62.1-44.34:31. Self-reporting of PFAS manufacture and use for PFAS assessment.

A. For purposes of a PFAS assessment following notification to the Department pursuant to subsection B of § 62.1-44.34:30, the Department shall require any facility, if deemed by the Department to be a potential source of PFAS in the public water system's raw water source, that discharges to a surface water under a VPDES permit or that discharges to a publicly owned treatment works under an industrial pretreatment program permit to report to the Department, within 90 days after being directed by the Department, its manufacture or use of PFAS as provided in this section on a form provided by the Department. Such report shall include the chemical name and the Chemical Abstracts Service (CAS) number, if known or reasonably ascertainable, the amount manufactured or used in the preceding 12 months, and any additional information reasonably required by the Department to ascertain sources and quantities of PFAS manufactured or used.

B. For every facility that reports the use or manufacture of one or more PFAS in accordance with subsection A and that discharges to a publicly owned treatment works, the Department shall forward the information provided by the facility to such publicly owned treatment works within 30 days of receipt. Such reporting requirement shall not change the duty or discharge permits of a publicly owned treatment works.

C. Any portion of a report submitted to the Department pursuant to this section may be claimed as confidential by the submitter pursuant to § 62.1-44.21, except claims of confidentiality for the name, address, and location of the facility. Any such claim must be asserted at the time of submission in the manner prescribed on the reporting form or instructions. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in § 62.1-44.21.

D. For purposes of this section, use of PFAS (i) means intentional use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean use of manufacturing equipment that contains PFAS.

§ 62.1-44.34:32. Monitoring of PFAS sources for PFAS assessments.

A. For the purpose of PFAS assessments required pursuant to § 62.1-44.34:30, the Department shall require, after three months' advance notice, the owner or operator of any of the following facilities, if deemed by the Department to be a potentially significant source of PFAS in the public water system's raw water source, to perform and promptly report the results as received of representative quarterly discharge monitoring for an initial characterization period of one year, provided, however, that the Department may discontinue remaining quarterly monitoring by a facility with proper monitoring results that are below the method detection level for the first two quarters:

1. Any facility subject to self-reporting pursuant to § 62.1-44.34:31;

2. Any facility manufacturing PFAS, any electroplating or metal finishing facility using PFAS, any semiconductor or circuit board facility using PFAS, any paper or packaging manufacturing facility using PFAS, and any textile mills, tanneries, or leather, fabric, or carpet treaters using PFAS;

3. Any other facility that the Department has a reasonable basis to believe may use or manufacture PFAS based on the facility or activity type;

4. Any centralized waste treatment industrial facility;

5. Any industrial launderers defined by NAICS 812332;

6. Any facility discharging groundwater remediation wastewaters pursuant to the VPDES General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests; and

7. Any airport, air base, air station, fire training facility, landfill, or other facility or site that the Department has a reasonable basis to believe has significant soil or groundwater PFAS contamination significantly impacting finished water levels.

B. For purposes of this section, using or use of PFAS (i) means intentionally using or use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean using or use of manufacturing equipment that contains PFAS.

C. For purposes of monitoring under subsection A, the applicable laboratory test method is Method 1633 or such other method approved by the EPA that may be allowed by the Department. Monitoring reports shall include all PFAS analytes measured by the test method. For purposes of this section, the Department shall not require, and the facility and its laboratory shall be exempt from, environmental laboratory certification or accreditation requirements specifically for use of Method 1633.

§ 62.1-44.34:33. PFAS Expert Advisory Committee; report.

A. The Department, in consultation with VDH, shall establish the PFAS Expert Advisory Committee to assist the Department and VDH in identifying (i) PFAS sources through PFAS assessments and associated monitoring and reporting, (ii) public and private lab testing capacity issues, and (iii) options for reducing PFAS in source waters causing exceedances of PFAS MCLs.

B. Members of the Committee shall be appointed by the Director and shall include representatives of public drinking water and wastewater system owners, representatives of public health organizations, potential PFAS source categories, and conservation organizations with expertise in water treatment, water science, or PFAS chemistry, and other experts as determined by the Department. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.

C. The Department shall convene the Committee at least two times per calendar year through June 30, 2027, and thereafter as the Department deems appropriate.

D. The Department shall report annually by October 1 on its activities related to PFAS assessments, including the self-reporting process pursuant to § 62.1-44.34:31 and the discharge monitoring process pursuant to § 62.1-44.34:32, and on the activities of the Committee to the Governor and the General Assembly.

2. That this act shall not be construed as limiting the authority of the Department of Environmental Quality, the Virginia Department of Health, or the owner or operator of any publicly owned treatment works to which any user discharges wastewater to require monitoring or reporting or otherwise regulate the discharge of any PFAS chemicals or other pollutants under other applicable legal authority.

3. That for public water systems for which the Department of Environmental Quality has received notice on or before September 1, 2024, of PFAS detected above the threshold established in subsection B of § 62.1-44.34:30 of the Code of Virginia, as created by this act, the Department shall issue notice to applicable facilities by December 1, 2024, of required self-reporting under § 62.1-44.34:31 of the Code of Virginia, as created by this act, and required monitoring under § 62.1-44.34:32 of the Code of Virginia, as created by this act.


HOUSE BILL NO. 1085
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on Agriculture, Chesapeake and Natural Resources
on January 31, 2024)
(Patrons Prior to Substitute--Delegates Rasoul and Bulova [HB 245])
A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, relating to Department of Environmental Quality; PFAS; identification; monitoring; PFAS Expert Advisory Council established; report.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, as follows:

Article 13.
Per- and Polyfluoroalkyl Substances.

§ 62.1-44.34:29. Definitions.

As used in this article, unless the context requires a different meaning:

"Committee" means the PFAS Expert Advisory Committee established in § 62.1-44.34:33.

"EPA" means the U.S. Environmental Protection Agency.

"HFPO-DA" means hexafluoropropylene oxide dimer acid.

"PFAS" means per- and polyfluoroalkyl substances, which are any fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances. "PFAS" includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS.

"PFAS maximum contaminant level" or "PFAS MCL" means any maximum contaminant level for any PFAS chemical or mixture of PFAS chemicals (i) established by the EPA as a national primary drinking water regulation or (ii) for the interim period of time between the EPA's proposal and final agency action for adopting a national primary drinking water regulation, the EPA's proposed level, provided that the EPA's proposed level may be used only for nonregulatory purposes of self-reporting of manufacturing or use, monitoring, and PFAS assessments as provided in this article.

"PFBS" means perfluorobutane sulfonate.

"PFHxS" means perfluorohexane sulfonate.

"PFNA" means perfluorononanoic acid.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

"VDH" means the Virginia Department of Health.

"VPDES" means the Virginia Pollutant Discharge Elimination System.

§ 62.1-44.34:30. PFAS assessments for identification of sources of PFAS in public water supplies.

A. For every public water system serving more than 3,300 persons subject to monitoring and reporting of analytical results for PFAS under EPA's Fifth Unregulated Contaminant Monitoring Rule or National Primary Drinking Water Regulations (40 C.F.R. Part 141), VDH shall assist the Department by on a quarterly basis transferring to the Department all validated monitoring results available to VDH under such regulations or otherwise in VDH's possession that indicate PFAS MCL exceedances, including data generated by VDH's independent PFAS monitoring activities or submitted by public water systems to VDH.

B. For every public water system for which VDH has notified the Department pursuant to subsection A or the public water system has directly demonstrated to the Department that PFAS in finished water has been detected above any PFAS MCL using Method 533, Method 537.1, or other EPA-approved method for drinking water, the Department shall develop and implement a plan to prioritize and conduct PFAS assessments for identifying significant sources of PFAS in such public water system's raw water source or sources.

C. In developing its prioritization for conducting PFAS assessments, the Department shall consider (i) data and other information available from VDH regarding public water supplies, including but not limited to applicable PFAS data, (ii) any data or other information submitted directly to the Department by public water systems on a voluntary basis, (iii) information from consultation with VDH and public water systems with finished water monitoring results above any PFAS MCL, and (iv) other data or information the Department considers useful for setting priorities.

D. In conducting PFAS assessments, the Department shall consider the results of the self-reporting process required pursuant to § 62.1-44.34:31, the results of any effluent or instream monitoring required pursuant to § 62.1-44.34:32 or otherwise conducted by or available to the Department, and other PFAS-related data or information the Department deems useful for identifying significant sources.

E. In its reports of PFAS assessments, the Department shall identify potential regulatory and nonregulatory options for addressing each significant source of PFAS. The goal of such assessments shall be to protect public health by reducing significant sources of PFAS in raw water sources of public water systems and to ensure, to the maximum extent practicable, that the costs of public water systems are minimized.

§ 62.1-44.34:31. Self-reporting of PFAS manufacture and use for PFAS assessment.

A. For purposes of a PFAS assessment following notification to the Department pursuant to subsection B of § 62.1-44.34:30, the Department shall require any facility, if deemed by the Department to be a potential source of PFAS in the public water system's raw water source, that discharges to a surface water under a VPDES permit or that discharges to a publicly owned treatment works under an industrial pretreatment program permit to report to the Department, within 90 days after being directed by the Department, its manufacture or use of PFAS as provided in this section on a form provided by the Department. Such report shall include the chemical name and the Chemical Abstracts Service (CAS) number, if known or reasonably ascertainable, the amount manufactured or used in the preceding 12 months, and any additional information reasonably required by the Department to ascertain sources and quantities of PFAS manufactured or used.

B. For every facility that reports the use or manufacture of one or more PFAS in accordance with subsection A and that discharges to a publicly owned treatment works, the Department shall forward the information provided by the facility to such publicly owned treatment works within 30 days of receipt. Such reporting requirement shall not change the duty or discharge permits of a publicly owned treatment works.

C. Any portion of a report submitted to the Department pursuant to this section may be claimed as confidential by the submitter pursuant to § 62.1-44.21, except claims of confidentiality for the name, address, and location of the facility. Any such claim must be asserted at the time of submission in the manner prescribed on the reporting form or instructions. If no claim is made at the time of submission, the Department may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in § 62.1-44.21.

D. For purposes of this section, use of PFAS (i) means intentional use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean use of manufacturing equipment that contains PFAS.

§ 62.1-44.34:32. Monitoring of PFAS sources for PFAS assessments.

A. For the purpose of PFAS assessments required pursuant to § 62.1-44.34:30, the Department shall require, after three months' advance notice, the owner or operator of any of the following facilities, if deemed by the Department to be a potentially significant source of PFAS in the public water system's raw water source, to perform and promptly report the results as received of representative quarterly discharge monitoring for an initial characterization period of one year, provided, however, that the Department may discontinue remaining quarterly monitoring by a facility with proper monitoring results that are below the method detection level for the first two quarters:

1. Any facility subject to self-reporting pursuant to § 62.1-44.34:31;

2. Any facility manufacturing PFAS, any electroplating or metal finishing facility using PFAS, any semiconductor or circuit board facility using PFAS, any paper or packaging manufacturing facility but only if applying coatings or treatments containing PFAS to paper or packaging products for oil or moisture repellency, and any textile mills, tanneries, leather, fabric, and carpet treaters but only if applying oil, water, or stain repellents containing PFAS;

3. Any other facility that the Department has a reasonable basis to believe may use or manufacture PFAS based on the facility or activity type;

4. Any centralized waste treatment industrial facility;

5. Any industrial launderers defined by NAICS 812332;

6. Any facility discharging groundwater remediation wastewaters pursuant to the VPDES General Permit Regulation for Discharges from Groundwater Remediation of Contaminated Sites, Dewatering Activities of Contaminated Sites, and Hydrostatic Tests; and

7. Any airport, air base, air station, fire training facility, landfill, or other facility or site that the Department has a reasonable basis to believe has significant soil or groundwater PFAS contamination significantly impacting finished water levels.

B. For purposes of this section, using or use of PFAS (i) means intentionally using or use of PFAS or PFAS-containing substances as a product ingredient or as a production process aid or additive, such as wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, or flame retardants, and (ii) does not mean using or use of manufacturing equipment that contains PFAS.

C. For purposes of monitoring under subsection A, the applicable laboratory test method is Method 1633 or such other method approved by the EPA that may be allowed by the Department. Monitoring reports shall include all PFAS analytes measured by the test method. For purposes of this section, the Department shall not require, and the facility and its laboratory shall be exempt from, environmental laboratory certification or accreditation requirements specifically for use of Method 1633.

§ 62.1-44.34:33. PFAS Expert Advisory Committee; report.

A. The Department, in consultation with VDH, shall establish the PFAS Expert Advisory Committee to assist the Department and VDH in identifying PFAS sources through PFAS assessments, associated monitoring and reporting, public and private lab testing capacity and identifying options for reducing PFAS in source waters causing exceedances of PFAS MCLs.

B. Members of the Committee shall be appointed by the Director and shall include representatives of public drinking water and wastewater system owners, representatives of public health organizations, potential PFAS source categories, and conservation organizations with expertise in water treatment or PFAS chemistry, and other experts as determined by the Department. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.

C. The Department shall convene the Committee at least two times per calendar year through June 30, 2027, and thereafter as the Department deems appropriate.

D. The Department shall report annually by October 1 on its activities related to PFAS assessments and on the activities of the Committee to the Governor and the General Assembly.

2. That this act shall not be construed as limiting the authority of the Department of Environmental Quality, the Virginia Department of Health, or the owner or operator of any publicly owned treatment works to which any user discharges wastewater, to require monitoring or reporting or otherwise regulate the discharge of any PFAS chemicals or other pollutants under other applicable legal authority.

3. That for public water systems for which the Department of Environmental Quality has received notice on or before September 1, 2024, of PFAS detected above the threshold established in subsection B of § 62.1-44.34:30 of the Code of Virginia, as created by this act, the Department shall issue notice to applicable facilities by December 1, 2024, of required self-reporting under § 62.1-44.34:31 of the Code of Virginia, as created by this act, and required monitoring under § 62.1-44.34:32 of the Code of Virginia, as created by this act.

HOUSE BILL NO. 1085

Offered January 10, 2024
Prefiled January 10, 2024
A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, relating to Department of Environmental Quality; PFAS; identification; monitoring; PFAS Advisory Council established; report.
Patron-- Rasoul

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 3.1 of Title 62.1 an article numbered 13, consisting of sections numbered 62.1-44.34:29 through 62.1-44.34:33, as follows:

Article 13.
Per- and Polyfluoroalkyl Substances.

§ 62.1-44.34:29. Definitions.

As used in this article, unless the context requires a different meaning:

"Draft Method 1633" means the draft method for the analysis of PFAS in aqueous, solid, biosolids, and tissue samples by chromatography-mass spectrometry published by the EPA.

"EPA" means the U.S. Environmental Protection Agency.

"HFPO-DA" means hexafluoropropylene oxide dimer acid.

"PFAS" means per- and polyfluoroalkyl substances, which are any fluorinated substances that contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances. "PFAS" includes HFPO-DA, PFBS, PFOA, and PFOS.

"PFBS" means perfluorobutane sulfonate.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

"VDH" means the Virginia Department of Health.

"VPDES" means the Virginia Pollutant Discharge Elimination System.

§ 62.1-44.34:30. PFAS monitoring; publicly owned treatment works.

A. The owner or operator of a publicly owned treatment works shall (i) at least quarterly, monitor PFAS levels in effluent, influent, and biosolids and (ii) report all PFAS monitoring data above the method detection level in the discharge monitoring report required by 40 C.F.R. § 122.41(l)(4).

B. PFAS monitoring pursuant to this section shall (i) be conducted in accordance with the final method adopted by the EPA under 40 C.F.R. Part 136 or, if a final method has not been adopted, Draft Method 1633 and (ii) at a minimum, include each of the 40 PFAS parameters detectable by Draft Method 1633.

§ 62.1-44.34:31. Identification of PFAS sources; raw water sources for public drinking water systems.

A. To identify and address sources of PFAS in raw water sources of public drinking water systems, the Department shall:

1. For any public water system for which the measured HFPO-DA, PFBS, PFOA, or PFOS in the finished water are above the method detection level and above the EPA's applicable drinking water human health advisory, whether or not the measured value is above or below the practical quantitation limit, develop a PFAS action plan to identify and address sources of PFAS for such public water system's raw water source or sources no later than December 31, 2025;

2. Perform outreach to ensure all relevant stakeholders served by impacted public water systems are informed, educated, and have the opportunity to provide input to the Department regarding PFAS sources and impacts. Stakeholder outreach shall include residents, community members, business owners, public water systems, publicly owned treatment works, landfills, tribal governments, and elected officials representing communities served by impacted public drinking water systems;

3. Perform outreach to ensure the general public is informed about PFAS contamination and the work of the Department to identify and address PFAS sources;

4. Report annually on its activities to the Board and the State Water Commission; and

5. In developing PFAS action plans, consult with other applicable units of state government, organizations representing Virginia public drinking water systems and other relevant entities with knowledge related to identifying and addressing PFAS sources.

B. PFAS action plans developed pursuant to subdivision A 1, to the extent that data is available, shall identify the source or sources of PFAS in raw water sources and potential regulatory and nonregulatory options for addressing each identified source of PFAS. The goal of such action plans shall be to control and eliminate sources of PFAS in raw water sources of public drinking water systems and to ensure, to the maximum extent possible, that the costs of addressing PFAS found in public water systems are borne by the sources of such PFAS and not by the public water system or its ratepayers.

§ 62.1-44.34:32. Self-reporting of PFAS manufacture and use; monitoring of PFAS discharges.

A. No later than December 31, 2024, all facilities that discharge to a surface water under a VPDES permit or that discharge to a publicly owned treatment works under an industrial pretreatment program shall report the use or manufacture of all PFAS to the Department.

B. The reporting required by subsection A shall include the chemical name, the Chemical Abstracts Service (CAS) number, the amount used in each year from 2017 through 2024, and any additional information required by the Director to ascertain sources of PFAS in the Commonwealth and shall be provided in a manner and form prescribed by the Director.

C. For every facility that reports the use of one or more PFAS in accordance with subsection A and that discharges to a publicly owned treatment works, the Director shall forward the information provided by the facility to such publicly owned treatment works within 30 days of receipt. Such reporting requirement shall not change the duty or discharge permits of a publicly owned treatment works.

D. For every facility that reports the use or manufacture of one or more PFAS in accordance with subsection A, at least quarterly monitoring of the self-reported PFAS shall be required within six months of notification by the facility, provided, however, that the Director may alter the monitoring frequency if monitoring results are below the method detection level for four consecutive samples. Such monitoring shall be implemented as follows:

1. If the facility discharges to a surface water under a VPDES permit, the Director shall modify such facility's VPDES permit to require monitoring;

2. If the facility discharges to a publicly owned treatment works under an industrial pretreatment program and the permit holder for such publicly owned treatment works has pretreatment authority, the permit holder for the publicly owned treatment works shall modify the pretreatment permit held by the facility that reports the use of one or more PFAS to require monitoring; or

3. If the facility discharges to a publicly owned treatment works under an industrial pretreatment program and the Department has pretreatment authority, the Director shall modify the pretreatment permit held by the facility that reports the use of one or more PFAS to require monitoring.

E. Monitoring required by this section shall use laboratory and sampling methods approved by the EPA, provided, however, that if EPA-approved methods are not yet available, EPA-recommended or draft methods shall be used. If two or more approved methods are available, monitoring shall be conducted using the method with the lowest method detection level.

F. For every facility that reports the use of one or more PFAS in accordance with subsection A, the Director shall modify such facility's VPDES permit as directed by the federal Clean Water Act, 33 U.S.C. § 1251 et seq., and this chapter, after consultation with relevant EPA guidance.

§ 62.1-44.34:33. PFAS Advisory Committee; report.

A. The Department and VDH shall jointly establish the PFAS Advisory Committee (the Committee) to assist the Department and VDH in developing solutions to reduce and eliminate the discharge of PFAS into waters of the Commonwealth, including by reviewing (i) PFAS sampling and self-reporting information and (ii) PFAS action plans pursuant to § 62.1-44.34:31. Members of the Committee shall be appointed by the Director and the Commissioner of VDH and may include legislative members; Department and VDH staff with relevant expertise; nonlegislative state and federal agency officials; faculty from institutions of higher education in the Commonwealth; nonlegislative citizens representing environmental and conservation organizations, agricultural organizations, public health organizations, water quality organizations, and public and private water providers; developers and representatives of economic development organizations; PFAS-impacted community members and municipal water users; and any others as requested by the Department and VDH. The Department and VDH shall convene the Committee at least three times per calendar year. Members of the Committee shall receive no compensation for their service and shall not be entitled to reimbursement for expenses incurred in the performance of their duties.

B. During each meeting of the Committee, the Department and VDH shall (i) update the Committee on activities relating to PFAS sampling, monitoring, and reporting and any PFAS action plans developed pursuant to § 62.1-44.34:31 and (ii) solicit members to present topics and analysis for consideration at future meetings. The Committee may develop specific statutory, budgetary, and regulatory recommendations as necessary to protect public health and water quality.

C. The Committee shall review and advise the Department and VDH (i) on the development of PFAS action plans developed pursuant to § 62.1-44.34:31 and (ii) on other relevant actions and data gathered in accordance with the provisions of this article. The Department shall annually report the Committee's activities and related recommendations and any responses from the Department to the State Water Control Board, the Governor, and the General Assembly no later than November 1 of each year.