Legislation aimed at curbing “forever chemicals” in farm-applied biosolids has cleared the Virginia General Assembly and is now headed to Gov. Abigail Spanberger’s desk. Proponents of stricter controls acknowledge the measure is far weaker than they wanted. Still, they are urging the governor to sign the legislation into law, viewing it as an important first step to build upon.

Softening Stuart’s Push

PFAS is a class of synthetic chemicals used to make products such as nonstick cookware, stain-resistant clothing, and fast-food wrappers. These chemicals are also used in industrial processes and routinely wash into wastewater treatment plants, where they concentrate in the resulting sludge. That sludge, known as biosolids, is sometimes used as fertilizer.

With mounting concern among constituents about the link between PFAS and serious health problems, Senator Richard Stuart sponsored SB 386, a virtual ban on land application of biosolids if detectable level of PFAS was present. The bill also would have imposed fines on companies spreading contaminated material. With support lacking for an outright ban, legislators turned their focus to setting a threshold for PFAS presence. Stuart, trying to keep the legislation alive, amended the bill, softening it.

As it stands, legislation from Stuart and Delegate Alfonso Lopez has passed both chambers and sets thresholds—one banning the spread of biosolids with concentrations averaging higher than 50 parts per billion over 12 months.

According to David Flores, vice president and general counsel for the Potomac Riverkeeper Network, this leaves the possibility that material with concentrations higher than 50 ppb could be blended to lower the concentration and then applied.

Another threshold allows biosolids with PFAS concentrations averaging 25–50 parts per billion but requires mitigation.

The proposed thresholds are not likely to constrain the practice of land-applying sludge in the Northern Neck, Middle Peninsula, or elsewhere, Flores noted.

He said the numbers are not scientific and do not protect human health, the environment, or state waters.

However, currently there is no PFAS sludge testing, and the proposed legislation would require wastewater treatment plants to conduct monthly PFAS testing. Supporters applaud that change.

Further, the legislation requires that PFAS testing results be provided to landowners at least two weeks prior to sludge application — one of proponents’ key demands, which is viewed as a major win.

“Testing should be 10 and 20 ppb. But 25-50 in our first year trying for a bill is good. Maryland is in its second year trying, and their legislation is not looking very good,” said Michael Lightfoot, a Westmoreland resident and active proponent for regulation.

According to the Virginia Mercury, Stuart also said, “This is a very important first step,” pointing to the access to information.

“It sets a threshold, and it’s not as aggressive as I would have liked it to have been, but it also provides testing and information to DEQ and farmers,” he said.

Pushing for Signature

A coalition of supporters — including environmental groups, riverkeepers, and watermen’s associations — has sent a joint letter to Spanberger pressing her to sign the legislation.

“Farmers have a right to know what is being applied to their fields – communicated plainly with accessible science-based information – before electing to participate in this practice,” their letter states. “Virginia’s environmental regulators also require comprehensive data to respond effectively to the threat PFAS poses to public health and the environment. These are crucial reforms that merit your support and enactment of this legislation.”

It continues: “The stakes are significant. PFAS are persistent, bioaccumulative, and toxic so-called ‘forever chemicals,’ linked to numerous and serious human health harms and widespread environmental contamination. Wherever sludge is tested, PFAS are almost always found. Spreading sludge as fertilizer enables PFAS contamination of our food supply and drinking water and jeopardizes the health of Virginia’s waterways and fisheries.”

“Farmers have a right to know what is being applied to their fields – communicated plainly with accessible science based information – before electing to participate in this practice.” –Letter to Gov. Spanberger