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2024 SESSION

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24103970D
SENATE BILL NO. 462 Offered January 10, 2024 Prefiled January 9, 2024 A BILL to require certain entities to report certain information relating to PFAS to the Department of Environmental Quality. ---------- Patron-- Marsden ---------- Referred to Committee on Agriculture, Conservation and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. § 1. No later than October 1, 2024, all facilities that have engaged since January 1, 2021, in the manufacture of or knowing use in the production process of one or more of the chemicals listed as PFAS target analytes in the applicable laboratory test method shall produce a one-time report on the use of these chemicals. Such report shall be limited to facilities that discharge to (i) a surface water under a Virginia Pollutant Discharge Elimination System (VPDES) permit issued by the Department of Environmental Quality (the Department) or (ii) a publicly owned treatment works under an industrial pretreatment program permit or other written authorization issued by a local permit control authority. Such report shall be submitted to the Department and, if the facility discharges to a publicly owned treatment works, also to the local permit control authority, on a reporting form to be made available by the Department no later than August 1, 2024. Such report shall include (i) the chemical name, (ii) the Chemical Abstracts Service (CAS) number, and (iii) an estimate of the amount of such chemical manufactured or used each calendar year from 2021 through 2023.

§ 2. During the one-year period from October 1, 2024, to September 30, 2025, the following facilities shall perform a limited PFAS discharge characterization for each wastewater discharge outfall consisting of representative quarterly monitoring using the applicable laboratory test method: (i) facilities that report the manufacture or use of one or more chemicals in accordance with § 1 of this act; (ii) chemical manufacturing facilities producing or using PFAS; (iii) electroplating or metal finishing facilities using chemical fume suppressants containing PFAS; (iv) semiconductor or circuit board manufacturing facilities using PFAS; (v) paper or packaging manufacturers using coatings or treatments for oil or moisture repellency containing PFAS; (vi) textile mills, tanneries, or leather, fabric, and carpet treaters applying oil, water, or stain repellents containing PFAS; (vii) centralized waste industrial treatment facilities; and (viii) facilities 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. The facility shall report the results to the Department and, if the facility discharges to a publicly owned treatment works, also to the local permit control authority, within 30 days after the end of each quarter, on a reporting form to be made available by the Department no later than August 1, 2024. For purposes of this act, "PFAS" means any PFAS target analyte identified in the applicable laboratory test method.

§ 3. For purposes of this act, the applicable laboratory test method is U.S. EPA Method 1633. If the U.S. Environmental Protection Agency (EPA) has not approved Method 1633 pursuant to the federal Clean Water Act (33. U.S.C. § 1251 et seq.) before any quarterly monitoring period, the Department shall allow the facility to use the EPA's most recent non-approved version of Method 1633. For purposes of this act, 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.

§ 4. The provisions of this act shall not be construed as limiting the authority of the Department 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 the PFAS target analytes or other pollutants under other applicable legal authority.