Virginia Initiates Search for PFAS Sources to Drinking Water

Virginia establishes PFAS monitoring and Advisory Framework, which could include thousands of unregulated PFAS compounds

The Commonwealth of Virginia has launched an effort to identify significant sources of perfluoroalkyl and polyfluoroalkyl substances (PFAS) impacting its public drinking water supplies, following a regulation passed in April 2024, HB1085/SB243. Because the regulation defines PFAS broadly — as fluorinated substances that "contain at least one fully fluorinated methyl or methylene carbon atom and any precursors of such substances" — thousands of PFAS compounds that are not currently regulated could fall under this definition. 

In accordance with this regulation, the Virginia Department of Environmental Quality (DEQ) is developing plans to prioritize and conduct PFAS assessments to identify "significant" sources of PFAS impacting public drinking water supplies where PFAS concentrations in finished water exceed maximum contaminant levels (MCLs) issued by the Environmental Protection Agency. The DEQ has begun implementing this regulation by collecting data on 28 water systems with MCL exceedances, and it aims to issue a prioritization plan by Jan. 1, 2025.

HB1085/SB243 also establishes a PFAS Expert Advisory Committee to aid DEQ and the Virginia Department of Health in "identifying (i) PFAS sources through PFAS assessments and associated monitoring and reporting, (ii) public and private lab testing capacity issues, and (iii) options for reducing PFAS in source waters causing exceedances of PFAS MCLs." Activities of the Committee, DEQ, and the Virginia Department of Health will be reported annually.

Targeting multiple potential PFAS sources

DEQ can leverage a wide variety of data, including publicly available data, self-reporting or monitoring data, data submitted by the public water systems, scientific literature, and any other information DEQ considers "useful" to prioritize assessments and identify sources. 

Targeted facilities will be required to conduct quarterly discharge monitoring, and they may be subject to regulatory and nonregulatory options for addressing PFAS in their discharges. DEQ has identified a number of potential entities that may be scrutinized:

• PFAS manufacturers
• Facilities using PFAS, including electroplaters, metal finishers, semiconductor and circuit board manufacturers, paper and packaging manufacturers, textile mills, tanneries, and leather, fabric, or carpet treaters 
• Centralized industrial waste treatment facilities
• Industrial launderers
• Facilities discharging groundwater remediation wastewaters
• Airports, air bases, air stations, and fire training facilities
• Landfills 

PFAS source identification plans in other states

Virginia's HB1085/SB243 is an example of an emerging trend as more states develop bills and legislation requiring PFAS discharge monitoring. For example, West Virginia has taken a similar regulatory approach, passing the PFAS Protection Act (HB3189) in 2023, which aims to identify PFAS discharge sources and mandates facility monitoring and reporting. However, implementation appears to be slow as the July 1, 2024, deadline for publishing their PFAS action plan has passed. Other states, such as Maryland, Vermont, and North Carolina, have developed action plans to prioritize evaluation of sources near impacted drinking water supplies.