Committee approves PFAS/biosolids substitute requiring testing and farmer disclosure
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Summary
A committee substitute for SB 386 creates phased PFAS/PFOA thresholds for biosolids land application, requires testing, sets retesting triggers, and establishes a work group; the substitute was reported unanimously and sent to appropriations.
Senator Stewart described a substitute to SB 386 setting phased thresholds and testing requirements for PFAS and PFOA in biosolids applied to farmland. The measure requires monitoring and disclosure to landowners and farmers, establishes retesting triggers for high readings and directs the Department of Environmental Quality and the State Water Control Board to coordinate sampling and a stakeholder work group to identify sources and recommend further legislative changes.
Sponsor and chair framed the substitute as a ‘‘glide path’’ that mirrors elements of Maryland’s thresholds and allows time for utilities and farmers to adapt. The substitute includes a retesting trigger (for example, an immediate retest if readings exceed a specified level such as 75) and provisions to require monthly or quarterly reporting of water uses when measuring is unavailable.
Stakeholders from municipal wastewater agencies, biosolids applicators, the Chesapeake Bay Foundation, Potomac Riverkeeper, the Virginia Farm Bureau, Sierra Club and Virginia Biosolids Council generally described the outcome as a difficult but workable compromise. Chris Pomeroy of the Virginia Association of Municipal Wastewater Agencies and Matt Wells of the Virginia Biosolids Council said data are limited but the phased approach and transparency are achievable. Advocacy groups highlighted the importance of farmer notification to avoid unintended land contamination, while farm organizations emphasized the need to keep beneficial reuse options available.
Committee members asked about parity with Maryland and the statewide monitoring baseline; the sponsor and administration representatives said the intent is to avoid becoming a destination for out‑of‑state contaminated biosolids while building a source‑identification program. The committee reported the substitute to the next stage by a recorded vote of 22‑0.
The substitute delegates further technical rule‑making and data collection to DEQ and the work group; details on enforcement, penalties and precise numeric thresholds beyond the phase‑in were left to subsequent rulemaking and committee follow‑up.