Title 62.1. Waters of the State, Ports and Harbors
Chapter 3.1. State Water Control Law
§ 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.
