Virginia Law

A. In addition to the definitions given in Part I (9VAC25-31-10 et seq.) and Part VI (9VAC25-31-420 et seq.) of this chapter, the following definitions apply to this section:

"PFAS" means per- and polyfluoroalkyl substances, as that term is defined in § 62.1-44.34:29 of the Code of Virginia.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

B. Beginning January 1, 2027, any owner of a treatment works land applying, marketing, or distributing biosolids in the Commonwealth shall collect representative samples of the biosolids that are intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for PFAS using U.S. Environmental Protection Agency (EPA) Method 1633, an applicable EPA revision, or another method approved by EPA that may be allowed by the department.

1. The minimum frequency of such sampling shall be monthly for the initial sampling period from January 1, 2027, through December 31, 2027, and thereafter may be reduced to not less frequently than quarterly upon the approval of the department.

2. The owner of the treatment works shall provide the concentration results for PFOS and PFOA and all other target analytes from the analysis to the department and any person land applying biosolids from the treatment works within 10 days of receipt of such results.

3. If the treatment works that is the source of the biosolids is located outside of the Commonwealth, the permit holder intending to land apply, market, or distribute the biosolids in the Commonwealth from such treatment works shall provide analyses to the department that meet all requirements of this subsection.

C. After July 1, 2027, if the analysis required under subsection B of this section finds:

1. A PFOS or PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A PFOS or PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to three dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision 2, if any single test result exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such sample exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations of all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

D. After July 1, 2027, when biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions C 1, C 2, and C 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.

E. After July 1, 2029, if the analysis required under subsection B of this section finds:

1. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to three dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision 2, if any single test result exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such test exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, such owner shall arrange for the alternative treatment, use, or disposal of the biosolids until a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A combined PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

F. After July 1, 2029, when biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions E 1, E 2, and E 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.