The 2024 Virginia General Assembly enacted legislation, effective July 1, 2024 codified as §§ 62.1-44.34:29 through 62.1-44.34:33 of the Code of Virginia, requiring the Virginia Department of Health (VDH) to transfer to the Department of Environmental Quality (DEQ) on a quarterly basis all validated monitoring results that indicate Per- and Polyfluroalkyl Substances (PFAS) Maximum Containment Level (MCL) exceedances. DEQ is then required to develop and implement a plan to prioritize and conduct PFAS assessments to identify significant sources of PFAS in the raw water for those public water systems. Other provisions of this law establish requirements for monitoring and self-reporting of PFAS from certain discharges.(*1) The legislation also directs DEQ to establish the PFAS Expert Advisory Committee, which will assist DEQ and VDH in developing solutions to reduce and eliminate the discharge of PFAS.

Additionally, §62.1-44.34:33 of the Code of Virginia requires DEQ to annually report by October 1 on activities related to PFAS assessments, self-reporting, and discharge monitoring to the Governor and the General Assembly. This first annual report provides information regarding DEQ’s activities related to PFAS leading up to the recently enacted law and subsequent to its effective date. Important initial steps to meeting the agency’s responsibilities have been met, including:

Two of three DEQ PFAS-related positions provided for in the most recent state budget have been filled. The last position is in recruitment and is expected to be filled within the next month.

The PFAS Expert Advisory Committee was identified and appointed by the DEQ Director.

The first of two meetings of the Expert Advisory Committee during calendar year 2024 is planned.

Initial monitoring data either conducted by or reported to VDH was transferred to DEQ on July 1, 2024.

DEQ has conferred with VDH on the data for drinking water systems with PFAS maximum contaminant level exceedances and is on track to issue notices to applicable facilities that may be required to implement monitoring and or self-reporting for PFAS by the December 1, 2024 deadline in the third enactment clause of the legislation.
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(*1) Appendix A Chapters 316 and 343 of the 2024 Acts of Assembly (HB1085, SB243)