HB 1443 (Lopez) and SB 386 (Stuart) have had a long journey through the legislature and are headed to Governor Spanberger’s desk to await her decision. HB 1443 and SB 386, as passed by the General Assembly, would institute a new regulatory regime for PFAS in biosolids across the Commonwealth. The contents are as follows:
Testing Requirements (effective January 1, 2027)
Any owner of a sewage treatment works that land applies, markets, or distributes sewage sludge in Virginia must test it monthly for PFAS. After 2027, testing can be reduced to quarterly with DEQ approval. Out-of-state facilities supplying sludge to Virginia must comply with the same requirements.
Management Tiers Based on PFOS/PFOA Concentration
Beginning July 1, 2027, the bill establishes a three-tier system based on rolling 12-month averages of PFOS or PFOA concentrations:
- ≥ 50 µg (microgram)/kg:Land application prohibited. Owner must arrange alternative treatment/disposal until subsequent testing confirms levels drop below 50 µg/kg.
- ≥ 25 but < 50 µg/kg: Land application limited to 3 dry tons/acre. Permit holder must notify landowners of PFOS/PFOA concentrations via email or mail.
- < 25 µg/kg (PFOS and PFOA): Land application permitted per existing permit with no additional requirements. Permit holders must notify landowners of PFOS/PFOA concentrations via email or mail.
A single test result above 75 μg/kg triggers immediate retesting; a second high result halts land application entirely.
Transition to Combined PFOS+PFOA Standard (effective July 1, 2029)
The same three-tier structure applies, but the thresholds shift from measuring PFOS or PFOA individually to measuring their combined concentration.
Blended Sludge
When sludge from multiple facilities is blended, the tiers apply to the blended product meaning no additional testing required.
Other Provisions
The bills state that DEQ must convene a work group (or use the existing PFAS Expert Advisory Committee) to study and recommend approaches for reducing PFAS in sewage sludge. Recommendations are due to the Governor and relevant legislative committees by November 1, 2027.
VACo thanks Delegate Lopez and Senator Stuart for working with us and other stakeholders, hearing our concerns on the introduced bills and amending the bill to be more favorable to localities and wastewater utilities. VACo currently has no position on the bills and will provide further updates once the Governor has acted on this legislation.
VACo Contact: James Hutzler