On April 13, 2026, Governor Glenn Youngkin signed Senate Bill 138 (Chapter 710) into law, amending Virginia Code § 62.1-44.34:32 to establish new per- and polyfluoroalkyl substances (PFAS) monitoring requirements for certain industrial facilities and publicly owned treatment works (POTWs). The legislation is intended to support the Virginia Department of Environmental Quality’s (DEQ) ongoing PFAS assessment efforts by identifying and characterizing potential PFAS discharges to surface waters and municipal wastewater treatment systems.
Background
PFAS are a class of synthetic chemicals commonly used in industrial processes and commercial products because of their resistance to heat, water, oil, and chemical degradation. Although these properties have made PFAS valuable in numerous applications, they have also led to increased regulatory attention due to their persistence in the environment and potential impacts on drinking water. Virginia has continued to expand its PFAS regulatory framework over the past several years. Senate Bill 138 represents another step in the Commonwealth’s effort to identify significant PFAS sources and collect monitoring data that may support future regulatory or permitting decisions.
DEQ Monitoring Requirements
Under the new law, DEQ shall require the owner or operator of certain facilities to perform representative quarterly discharge monitoring for PFAS over an initial one-year characterization period if the facility is determined to be a potentially significant source of PFAS to a public water system’s raw water source. DEQ must provide at least three months’ advance notice before requiring monitoring.
Facilities that may be subject to DEQ-directed monitoring include:
- Facilities already subject to PFAS self-reporting requirements under Virginia Code § 62.1-44.34:31;
- PFAS manufacturing facilities;
- Electroplating and metal finishing facilities using PFAS;
- Semiconductor and printed circuit board manufacturing facilities using PFAS;
- Paper and packaging manufacturers using PFAS;
- Textile mills, tanneries, and facilities treating leather, fabric, or carpet using PFAS;
- Centralized waste treatment facilities;
- Industrial launderers (NAICS 812332);
- Facilities discharging groundwater remediation wastewater under Virginia’s groundwater remediation VPDES general permit; and
- Airports, military airfields, fire training facilities, landfills, and other facilities that DEQ reasonably believes may significantly contribute PFAS to drinking water sources.
If monitoring results remain below the laboratory method detection limit during the first two consecutive quarters, DEQ may discontinue the remaining quarterly monitoring requirements.
New Requirements for Publicly Owned Treatment Works
The legislation also establishes new monitoring requirements for certain industrial users that discharge wastewater to POTWs.
Publicly owned treatment works (POTWs) are now required to notify applicable industrial users and require quarterly PFAS monitoring for an initial one-year characterization period. Industrial users must submit monitoring results to the POTW within 30 days of receiving laboratory results.
Industrial users subject to these requirements include:
- PFAS manufacturers;
- Electroplating and metal finishing facilities using PFAS;
- Semiconductor and circuit board manufacturers using PFAS;
- Paper and packaging manufacturers using PFAS;
- Textile mills, tanneries, and facilities treating leather, fabric, or carpet using PFAS;
- Centralized waste treatment facilities;
- Industrial launderers; and
- Airports, fire training facilities, landfills, and other facilities the POTW reasonably believes may be a source of PFAS.
Industrial users that detect PFAS above the laboratory method detection limit during the initial monitoring year must continue quarterly monitoring. However, a POTW may reduce monitoring frequency to annual sampling after at least two consecutive quarters of non-detect results. For new industrial users, initial PFAS monitoring must be completed within 90 days after commencing discharges to the POTW. POTWs are also required to submit PFAS monitoring data received from industrial users to DEQ on a quarterly basis.
Key Compliance Considerations
The legislation defines “use” of PFAS as the intentional use of PFAS or PFAS-containing substances as product ingredients or production process aids, including wetting agents, fume suppressants, photoresists, etchants, cleaners, coatings, surfactants, and flame retardants. The use of manufacturing equipment that merely contains PFAS is not considered PFAS use for purposes of these monitoring requirements.
All required monitoring must be conducted using EPA Method 1633, or another EPA-approved analytical method accepted by DEQ, and monitoring reports must include all PFAS analytes measured by the selected analytical method. The legislation also exempts laboratories performing Method 1633 analyses for these monitoring requirements from Virginia laboratory certification or accreditation requirements specific to that analytical method.
Facilities operating within the identified industry sectors should evaluate whether they intentionally use PFAS-containing materials and determine whether they may become subject to DEQ or POTW monitoring requirements. Likewise, POTWs should prepare to identify affected industrial users, issue notifications, collect monitoring results, and establish procedures for quarterly reporting to DEQ. Although the legislation does not establish PFAS discharge limits, it significantly expands PFAS monitoring and reporting throughout Virginia and will likely provide DEQ with additional data to support future regulatory initiatives.
Please contact Farshid Kiani at Trinity’s Virginia office (540.400.8041) or Susan Barnes at Trinity’s Maryland Office (240.379.6492) if you have questions regarding Virginia’s new PFAS monitoring requirements or would like assistance evaluating how these requirements may affect your facility’s operations and compliance obligations.
