The public’s concerns about the ubiquitous man-made chemicals known as per- and polyfluoroalkyl substances (PFAS) are finally reflected in bipartisan legislation in the Virginia General Assembly.
Several different bills are currently awaiting action from Gov. Abigail Spanberger by April 13th. These include requirements for industrial users to test wastewater for PFAS and for wastewater treatment plants to test sludge for the presence of these contaminants before applying it to agricultural land.
The enactment of the law does not mean that the problem of the notorious “eternal chemicals” that accumulate in the body and cause various diseases has been solved. neurological problems. Thousands of different PFAS variants have been manufactured and used throughout the U.S. economy, and they are severely polluting our air and water, and now they are being discovered. even in the rain.
The issue goes back decades, but state governments have only started paying attention to it in recent years.
When the Virginia Department of Environmental Quality (DEQ) finally began collecting data on PFAS in drinking water in 2024, it found elevated levels in public water systems. 2.29 million people across the state. December 2025, Nonprofit Wild Virginia sued The company sued the U.S. Environmental Protection Agency (EPA) for failing to protect Virginia waterways from PFAS contamination.
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Virginia’s new law does not prevent these chemicals from being manufactured, used in consumer products or entering waterways. But it could reduce the amount of PFAS in food produced on Virginia farms.
Yes, that’s a modest goal. But it’s more than Virginia ever tried to accomplish, and it puts us just in first place. minority states We are actively working to protect residents from the health effects of PFAS. The federal government, which should be setting standards for the entire country, dropped the ball. It wasn’t until 2024 that the EPA imposed limits on several types of PFAS in drinking water. backpedaling Under President Donald Trump’s administration.
New standards for sewage sludge
The main way PFAS enters our food supply is through the practice of spreading sewage sludge across farmland. This is the cheapest way to treat the vast amounts of by-products from sewage treatment plants, and it’s also a way for farmers to fertilize their crops for free. It is also the perfect way to ensure that crops and livestock have maximum exposure to contamination.
The federal government has not taken any measures to limit the disposal of sludge on agricultural land. In January 2025, EPA Draft risk assessment As for the two oldest PFAS chemicals in sludge (PFOA and PFOS), (surprisingly) the agency has not completed any documentation or issued regulations to protect farms since Trump took office.
Now, the Virginia General Assembly is proposing to make up that slack. HB1443 Rep. Alfonso Lopez, D-Arlington; SB386 Sen. Richard Stewart (R-King. George) is calling for owners of wastewater treatment plants that spread or sell sludge for land use to begin sampling and testing their sludge for PFAS by January 1, 2027. Test results must be provided to the person applying the sludge to the land. Sludge generated outside of Virginia is also subject to this requirement if applicable here.
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This law goes beyond monitoring and notification. If the concentration of PFAS in the sludge exceeds 50 micrograms per kilogram, the sludge cannot be spread or distributed on land. If the PFAS level is between 25 and 50, less stringent limits apply, and if it is less than 25, the only requirement is to notify the landowner of the test results before applying the sludge.
This sliding scale approach makes Virginia one of a small number of states regulating PFAS in sewage sludge. Maine has taken the most protective approach, banning the application of PFAS in sludge to land in any amount. The zero-tolerance approach reflects science. There is no safe exposure level As for these chemicals.
Unfortunately, PFAS are both ubiquitous and extremely difficult to remove from wastewater, making it impossible to meet the zero standard. As a result, all of Maine’s sewage sludge must be landfilled, and the state’s one landfill that receives it is rapidly filling up. This may be why only Connecticut followed Maine’s lead in adopting a zero-tolerance rule, even though other states have more protective restrictions than Virginia.
Maine stands out in another way. It is the only state to create a program to help farmers deal with land contamination. buy a farm It is too contaminated to produce food for humans or livestock.
Without such programs, landowners may have little incentive to examine the contents of the “free” fertilizers being applied to their fields. Smallholder farmers in particular are under tremendous economic pressure and may not be able to afford alternatives.
The problem is that PFAS are called “forever” chemicals because they don’t break down in the environment. After years of use, contaminated sludge can reach levels of contamination that can destroy farmers’ livelihoods. Michigan Same goes for the main. David Sly, Wild Virginia’s water program director, said in an email that he believes something similar could happen in Virginia.
“One of my real concerns is that after years of selling land in this way, some farmers may end up paying a heavy price in terms of loss of land value, water supply, etc.,” he wrote.
While Virginia’s response has so far relied solely on testing, the new law also requires DEQ to convene a working group to study ways to reduce PFAS in sewage sludge.
Supporting this effort is SB138 Sen. Jeremy McPike, D-Prince William, and HB938 All public wastewater treatment facilities would be required to test industrial users for PFAS and report the results to DEQ, according to a report from Suffolk Democratic Party Secretary Nadarius Clark.
Another law is also relevant. Virginia law already allows local governments to enact ordinances governing the testing and monitoring of land use for sewage sludge. HB1072 Rep. Amy Laufer, D-Albermarle, has made clear that this authority includes testing for PFAS. However, this is not the case. need all kinds of Surveillance. But Sly told me that Laufer’s bill “will definitely help,” and that he hopes local governments will start taking advantage of it.
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