Virginia Code 62.1-44.34:32: Monitoring of PFAS sources for PFAS assessments.
A. For the purpose of PFAS assessments required pursuant to § 62.1-44.34:30, the Department shall require, after three months’ advance notice, the owner or operator of any of the following facilities, if deemed by the Department to be a potentially significant source of PFAS in the public water system‘s raw water source, to perform and promptly report the results as received of representative quarterly discharge monitoring for an initial characterization period of one year, provided, however, that the Department may discontinue remaining quarterly monitoring by a facility with proper monitoring results that are below the method detection level for the first two quarters:
Terms Used In Virginia Code 62.1-44.34:32
- Board: means the State Water Control Board. See Virginia Code 62.1-44.3
- Department: means the Department of Environmental Quality. See Virginia Code 62.1-44.3
- EPA: means the U. See Virginia Code 62.1-44.34:29
- Owner: means the Commonwealth or any of its political subdivisions, including but not limited to sanitation district commissions and authorities and any public or private institution, corporation, association, firm, or company organized or existing under the laws of this or any other state or country, or any officer or agency of the United States, or any person or group of persons acting individually or as a group that owns, operates, charters, rents, or otherwise exercises control over or is responsible for any actual or potential discharge of sewage, industrial wastes, or other wastes to state waters, or any facility or operation that has the capability to alter the physical, chemical, or biological properties of state waters in contravention of § Virginia Code 62.1-44.3
- PFAS: includes HFPO-DA, PFBS, PFHxS, PFNA, PFOA, and PFOS. See Virginia Code 62.1-44.34:29
- Process: includes subpoenas, the summons and complaint in a civil action, and process in statutory actions. See Virginia Code 1-237
- Public water system: means a system that provides piped water for human consumption and (i) serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents or (ii) regularly serves at least 25 of the same persons over six months of the year. See Virginia Code 62.1-44.34:29
- Regulation: means a regulation issued under subdivision (10) of § Virginia Code 62.1-44.3
- VPDES: means the Virginia Pollutant Discharge Elimination System. See Virginia Code 62.1-44.34:29
1. Any facility subject to self-reporting pursuant to § 62.1-44.34:31;
2. Any facility manufacturing PFAS, any electroplating or metal finishing facility using PFAS, any semiconductor or circuit board facility using PFAS, any paper or packaging manufacturing facility using PFAS, and any textile mills, tanneries, or leather, fabric, or carpet treaters using PFAS;
3. Any other facility that the Department has a reasonable basis to believe may use or manufacture PFAS based on the facility or activity type;
4. Any centralized waste treatment industrial facility;
5. Any industrial launderers defined by NAICS 812332;
6. Any facility 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; and
7. Any airport, air base, air station, fire training facility, landfill, or other facility or site that the Department has a reasonable basis to believe has significant soil or groundwater PFAS contamination significantly impacting finished water levels.
B. For purposes of this section, using or use of PFAS (i) means intentionally using or 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 using or use of manufacturing equipment that contains PFAS.
C. For purposes of monitoring under subsection A, the applicable laboratory test method is Method 1633 or such other method approved by the EPA that may be allowed by the Department. Monitoring reports shall include all PFAS analytes measured by the test method. For purposes of this section, 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.