Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 25. State Water Control Board
Chapter 31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation

9VAC25-31-805. Pretreatment requirements for testing for PFAS chemicals.

A. As used in this section, "PFAS chemical" means (i) perfluorooctanoic acid (PFOA), (ii) perfluorooctane sulfonate (PFOS), (iii) hexafluoropropylene oxide dimer acid (HFPO-DA), (iv) perfluorobutane sulfonate (PFBS), or (v) any substance in a class of fluorinated organic chemicals containing at least two adjacent fluorinated carbon atoms, where one carbon atom is fully fluorinated and the other atom is at least partially fluorinated, excluding gases and volatile liquids, also referred to as perfluoroalkyl and polyfluoroalkyl substances, identified by a publicly owned treatment works in its pretreatment program for which there is a U.S. Environmental Protection Agency approved testing method.

B. Any publicly owned treatment works receiving a wastestream from an industrial user that receives and cleans, repairs, refurbishes, or processes any equipment, parts, or media used to treat any water or wastewater from any off-site manufacturing process that the industrial user knows or reasonably should know uses PFAS chemicals shall require such industrial user to test its wastestream for PFAS chemicals prior to and after cleaning, repairing, refurbishing, or processing such items. The results of such tests shall be transmitted to the receiving POTW within three days of receipt of the test results by the industrial user of the POTW.

Statutory Authority

§ 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.

Historical Notes

Derived from Virginia Register Volume 40, Issue 4, eff. November 8, 2023; Errata, 40:5 VA.R. 336 October 23, 2023.

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