Bill > SB386

This bill establishes new testing requirements and restrictions for sewage sludge containing per- and polyfluoroalkyl substances (PFAS), a group of man-made chemicals that can persist in the environment. Starting January 1, 2027, owners of sewage treatment works that land apply, market, or distribute sewage sludge in Virginia must regularly test their finished sludge product for PFAS using approved laboratory methods, with initial monthly testing and subsequent quarterly testing upon approval. They must then report the concentrations of specific PFAS, namely PFOS and PFOA, along with other targeted analytes, to the Department and any entity receiving the sludge within 10 days of receiving the results. The bill then sets forth a tiered system of restrictions based on the combined concentration of PFOS and PFOA: before January 1, 2029, sludge with 50 micrograms per kilogram or more cannot be land applied, while sludge between 25 and 50 micrograms per kilogram requires reduced application rates or an alternative risk management strategy; after January 1, 2029, the prohibition threshold drops to 25 micrograms per kilogram, and sludge between 15 and 25 micrograms per kilogram requires reduced application rates or an alternative risk management strategy. In all cases where restrictions apply, permit holders must notify landowners of the test results and the required actions. Additionally, localities within specific groundwater management areas can enact even stricter PFAS thresholds. This legislation aims to prevent the land application of sewage sludge with concerning levels of PFAS, thereby protecting public health and the environment.

Agriculture and Natural Resources, Budget and Finance

https://lis.virginia.gov/bill-details/20261/SB386