                                 CODE OF VIRGINIA

SELF-REPORTING OF PFAS MANUFACTURE AND USE FOR PFAS ASSESSMENT (§
62.1-44.34:31)

A. For purposes of a PFAS assessment following notification to the Department
pursuant to subsection B of &#xA7; 62.1-44.34:30, the Department shall require
any facility, if deemed by the Department to be a potential source of PFAS in
the public water system&#8217;s raw water source, that discharges to a surface
water under a VPDES permit or that discharges to a publicly owned treatment
works under an industrial pretreatment program permit to report to the
Department, within 90 days after being directed by the Department, its
manufacture or use of PFAS as provided in this section on a form provided by the
Department. Such report shall include the chemical name and the Chemical
Abstracts Service (CAS) number, if known or reasonably ascertainable, the amount
manufactured or used in the preceding 12 months, and any additional information
reasonably required by the Department to ascertain sources and quantities of
PFAS manufactured or used.

B. For every facility that reports the use or manufacture of one or more PFAS in
accordance with subsection A and that discharges to a publicly owned treatment
works, the Department shall forward the information provided by the facility to
such publicly owned treatment works within 30 days of receipt. Such reporting
requirement shall not change the duty or discharge permits of a publicly owned
treatment works.

C. Any portion of a report submitted to the Department pursuant to this section
may be claimed as confidential by the submitter pursuant to &#xA7; 62.1-44.21,
except claims of confidentiality for the name, address, and location of the
facility. Any such claim must be asserted at the time of submission in the
manner prescribed on the reporting form or instructions. If no claim is made at
the time of submission, the Department may make the information available to the
public without further notice. If a claim is asserted, the information will be
treated in accordance with the procedures in &#xA7; 62.1-44.21.

D. For purposes of this section, use of PFAS (i) means intentional 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 use of manufacturing equipment that contains PFAS.

HISTORY: 2024, cc. 316, 343.