A. In addition to the definitions given in Part I (9VAC25-31-10 et seq.) and Part VI (9VAC25-31-420 et seq.) of this chapter, the following definitions apply to this section:

"PFAS" means per- and polyfluoroalkyl substances, as that term is defined in § 62.1-44.34:29 of the Code of Virginia.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

B. Beginning January 1, 2027, any owner of a treatment works land applying, marketing, or distributing biosolids in the Commonwealth shall collect representative samples of the biosolids that are intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for PFAS using U.S. Environmental Protection Agency (EPA) Method 1633, an applicable EPA revision, or another method approved by the EPA that may be allowed by the department.

1. The minimum frequency of such sampling shall be monthly for the initial sampling period from January 1, 2027, through December 31, 2027, and thereafter may be reduced to not less frequently than quarterly upon the approval of the department.

2. The owner of the treatment works shall provide the concentration results for PFOS and PFOA and all other target analytes from the analysis to the department and any person land applying biosolids from the treatment works within 10 days of receipt of such results.

3. If the treatment works that is the source of the biosolids is located outside of the Commonwealth, the permit holder intending to land apply, market, or distribute the biosolids in the Commonwealth from such treatment works shall provide analyses to the department that meet all requirements of this subsection.

C. After July 1, 2027, if the analysis required under subsection B of this section finds:

1. A PFOS or PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A PFOS or PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to 3 dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision, if any single test result exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such sample exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations of all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

4. When biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions C 1, C 2, and C 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.

D. After July 1, 2029, if the analysis required under subsection B of this section finds:

1. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to 3 dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision, if any single test result exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such test exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, such owner shall arrange for the alternative treatment, use, or disposal of the biosolids until a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A combined PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

4. When biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions D 1, D 2, and D 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.

A. No person shall land apply biosolids pursuant to a permit issued in accordance with this regulation unless an individual holding a valid certificate of competence as specified in the Virginia Pollution Abatement Permit Regulation, Article 5, Certification of Land Applicators, as set forth in 9VAC25-32-690 through 9VAC25-32-760, is onsite at all times during such land application.

B. When an application for a permit that authorizes the land application of biosolids is submitted to the department:

1. Permit holders shall use a DEQ control number, if previously assigned, identifying each land application field. If a DEQ control number has not been assigned, provide the site identification code used by the permit applicant to report activities and the site's location.

2. A written agreement shall be established between the landowner and permit applicant or permit holder to be submitted with the permit application, whereby the landowner shall consent to the application of biosolids on his property. The landowner agreement shall include:

a. A statement certifying that the landowner is the sole owner or one of multiple owners of the property or properties identified on the landowner agreements;

b. A statement certifying that no concurrent agreements are in effect for the fields to be permitted for biosolids application;

c. An acknowledgement that the landowner shall notify the permittee when land is sold or ownership transferred;

d. An acknowledgement that the landowner shall notify the permittee if any conditions change such that any component of the landowner agreement becomes invalid;

e. Permission to allow department staff on the landowner's property to conduct inspections;

f. An acknowledgement by the landowner of any site restrictions identified in the regulation;

g. An acknowledgement that the landowner has received a biosolids fact sheet approved by the department; and

h. An acknowledgement that the landowner shall not remove notification signs placed by the permit holder.

3. New landowner agreements, using the most current form provided by the department, shall be submitted to the department for proposed land application sites identified in each application for issuance or reissuance of a permit or the modification to add land to an existing permit that authorizes the land application of biosolids.

4. For permits modified in order to incorporate changes to this chapter, the permit holder shall, within 60 days of the effective date of the permit modification, advise the landowner by certified letter of the requirement to provide a new landowner agreement. The letter shall include instructions to the landowner for signing and returning the new landowner agreement and shall advise the landowner that the permit holder's receipt of such new landowner agreement is required prior to application of biosolids to the landowner's property.

5. The responsibility for obtaining and maintaining the agreements lies with the permit holder.

C. The permit holder shall ensure that the landowner agreement is still valid at the time of land application.

D. Notification requirements.

1. At least 100 days prior to commencing the first land application of biosolids at a permitted site the permittee shall deliver or cause to be delivered written notification to the chief executive officer or his designee for the local government where the site is located. The notice shall identify the location of the permitted site and the expected sources of the biosolids to be applied to the site. This requirement may be satisfied by the department's notice to the local government at the time of receiving the permit application if all necessary information is included in the notice or by providing a list of all available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. If the site is located in more than one county, the notice shall be provided to all jurisdictions where the site is located.

2. At least 14 days prior to commencing land application of biosolids at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. The notice shall identify the location of the permitted site and the expected sources of the sewage sludge to be applied to the site.

3. Not more than 24 hours prior to commencing land application activities, including delivery of biosolids at a permitted site, the permittee shall notify in writing the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. This notification shall include identification of the biosolids source and shall include only sites where land application activities will commence within 24 hours or where the biosolids will be staged within 24 hours.

4. The permit holder shall conduct notification in accordance with 9VAC25-31-465.

E. Evidence of financial responsibility shall be provided in accordance with requirements specified in Article 6 (9VAC25-32-770 et seq.) of Part IX (9VAC25-32-303 et seq.) of the Virginia Pollution Abatement (VPA) Permit Regulation.

F. Posting signs.

1. At least five business days prior to delivery of biosolids for land application on any site permitted under this regulation, the permit holder shall post signs at the site that comply with this section, are visible and legible from the public right-of-way in both directions of travel, and conform to the specifications in this subsection. The sign shall remain in place for at least five business days after land application has been completed at the site. The permit holder shall not remove the signs until at least 30 days after land application has been completed at the site.

a. A sign shall be posted at or near the intersection of the public right-of-way and the main site access road or driveway to the site used by the biosolids transport vehicles.

b. If the field is located adjacent to a public right-of-way, at least one sign shall be posted along each public road frontage beside the field to be land applied.

c. The department may grant a waiver to the requirements in this section, or require alternative posting options due to extenuating circumstances or where requirements conflict with local government ordinances and other requirements regulating the use of signs.

2. Upon the posting of signs at a land application site prior to commencing land application, the permittee shall deliver or cause to be delivered written notification to the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. Notification shall be delivered to the department within 24 hours of the posting of the signs. The notice shall include the following:

a. The name and telephone number of the permit holder, including the name of a representative knowledgeable of the permit;

b. Identification by tax map number and the DEQ control number for sites on which land application is to take place;

c. The name or title and telephone number of at least one individual designated by the permit holder to respond to questions and complaints related to the land application project if not the permit holder identified in subdivision a of this subdivision; and

d. The approximate dates on which land application is to begin and end at the site.

3. The sign shall be made of weather-resistant materials and shall be sturdily mounted so as to be capable of remaining in place and legible throughout the period that the sign is required at the site. Signs required by this section shall be temporary, nonilluminated, and four square feet or more in area, and only contain the following information:

a. A statement that biosolids are being land applied at the site;

b. The name of the permit holder;

c. The telephone number of an individual designated by the permit holder to respond to complaints and inquiries; and

d. Contact information for the department, including a telephone number for complaints and inquiries.

4. The permit holder shall make a good faith effort to replace or repair any sign that has been removed from a land application site or that has been damaged so as to render any of its required information illegible prior to five business days after completion of land application.

G. Biosolids management plan.

1. The permit holder shall maintain and implement a biosolids management plan, which shall consist of three components:

a. The materials, including site booklets, developed and submitted at the time of permit application or permit modification adding a site to the permit in accordance with 9VAC25-31-100 Q;

b. Nutrient management plan for each site, in accordance with 9VAC25-31-505; and

c. Operation and maintenance (O&M) manual, developed and submitted to the department within 90 days of the effective date of the permit.

2. The biosolids management plan and all of its components shall be incorporated as an enforceable part of the permit.

3. The O&M manual shall include at a minimum:

a. Equipment maintenance and calibration procedures and schedules;

b. Storage facility maintenance procedures and schedules;

c. Sampling schedules for:

(1) Required monitoring; and

(2) Operational control testing;

d. Sample collection, preservation and analysis procedures, including laboratories and methods used; and

e. Instructions for recording and reporting all monitoring activities.

4. Current VPDES permit holders who land apply biosolids may use their existing VPDES O&M plan addressing land application to satisfy the requirements of this section if the existing plan addresses all of the required minimum components identified in this section.

H. Handling of complaints.

1. Within 24 hours of receiving notification of a complaint, the permit holder shall commence investigation of the complaint and shall determine whether the complaint is substantive. The permit holder shall confirm receipt of all substantive complaints by phone, email, or facsimile to the department, the chief executive officer or designee for the local government of the jurisdiction in which the complaint originates, and the owner of the treatment facility from which the biosolids originated within 24 hours after receiving the complaint.

2. For the purposes of this section, a substantive complaint shall be deemed to be any complaint alleging a violation of these regulations, state law, or local ordinance; a release of biosolids to state waters or to a public right-of-way or to any location not authorized in the permit; or failure to comply with the nutrient management plan for the land application site.

A. Representative samples of biosolids that is applied to the land, or placed on a surface disposal site shall be collected and analyzed.

B. Methods in the materials listed below or in 40 CFR Part 136 shall be used to analyze samples of biosolids and calculation procedures in the materials shall be used to calculate the percent volatile solids reduction for biosolids.

1. Enteric viruses.

ASTM Designation: D 4994-89, "Standard Practice for Recovery of Viruses From Wastewater Sludges," Annual Book of ASTM Standards: Section 11 - Water and Environmental Technology, ASTM, Philadelphia, PA., 1992.

2. Fecal coliform.

Part 9221 E. or Part 9222 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992.

3. Helminth ova.

Yanko, W.A., "Occurrence of Pathogens in Distribution and Marketing Municipal Sludges," EPA 600/1-87-014, 1987. PB 88-154273/AS, National Technical Information Service, Springfield, Virginia.

4. Inorganic pollutants.

"Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, Third Edition as amended by Final Updates I, II, IIA, IIB, III, IIIA, IIIB, IVA and IVB. PB88-239223, National Technical Information Service, Springfield, Virginia.

5. Salmonella sp. bacteria.

Part 9260 D., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992; or

Kenner, B.A. and H.P. Clark, "Detection and enumeration of Salmonella and Pseudomonas aeruginosa," J. Water Pollution Control Federation, 46(9):2163-2171, 1974.

6. Specific oxygen uptake rate.

Part 2710 B., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992.

7. Total, fixed, and volatile solids.

Part 2540 G., "Standard Methods for the Examination of Water and Wastewater," 18th Edition, American Public Health Association, Washington, D.C., 1992.

8. Percent volatile solids reduction calculation.

"Environmental Regulations and Technology - Control of Pathogens and Vector Attraction in Sewage Sludge," EPA-625/R-92/013, U.S. Environmental Protection Agency, Cincinnati, Ohio, Revised July 2003.

9. Per- and polyfluoroalkyl substances.

"Method 1633, Revision A - Analysis of Per- and Polyfluoroalkyl Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue Samples by LC-MS/MS," EPA-820/R-24/007, U.S. Environmental Protection Agency, Washington, DC, Revised December 2024.

A. No person shall apply biosolids to the land except in accordance with the requirements in this article.

B. No person shall apply bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been reached.

C. No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365-day period if the annual application rate in 9VAC25-31-540 C has been reached during that period.

D. The person who prepares bulk biosolids that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids written notification of the concentration of total nitrogen (as N on a dry weight basis) in the bulk biosolids.

E. Application of biosolids to the land.

1. The person who applies biosolids to the land shall obtain information needed to comply with the requirements in this subpart.

2. Before bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 is applied to the land;

a. The person who proposes to apply the bulk biosolids shall contact the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993.

b. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has not been applied to the site since July 20, 1993, the cumulative amount for each pollutant listed in Table 2 of 9VAC25-31-540 may be applied to the site in accordance with 9VAC25-31-540 A 2 a.

c. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site in accordance with 9VAC25-31-540 A 2 a.

d. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with 9VAC25-31-540 A 2 a.

F. When a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information to comply with the requirements in this article.

G. When a person who prepares biosolids provides the biosolids to another person who prepares the biosolids, the person who provides the biosolids shall provide the person who receives the biosolids notice and necessary information to comply with the requirements in this article.

H. The person who applies bulk biosolids to the land shall provide the owner or lease holder of the land on which the bulk biosolids is applied notice and necessary information to comply with the requirements in this article.

I. Any person who prepares bulk biosolids in another state that is applied to land in Virginia shall provide written notice to the department prior to the initial application of bulk biosolids to the land application site by the applier. The notice shall include:

1. The location, by either street address or latitude and longitude, of each land application site;

2. The approximate time period bulk biosolids will be applied to the site;

3. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who prepares the bulk biosolids; and

4. The name, address, telephone number, and National (or Virginia) Pollutant Discharge Elimination System permit number (if appropriate) for the person who will apply the bulk biosolids.

J. Any person who applies bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-31-540 B 2 to the land shall provide written notice, prior to the initial application of bulk biosolids to a land application site by the applier, to the department and the department shall retain and provide access to the notice. The notice shall include:

1. The location, by either street address or latitude and longitude, of the land application site; and

2. The name, address, telephone number, and Virginia Pollutant Discharge Elimination System permit number (if appropriate) of the person who will apply the bulk biosolids.

K. Any person who land applies, markets, or distributes biosolids must do so in accordance with the requirements in 9VAC25-31-465.

A. Biosolids.

1. Bulk biosolids or biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 1 of this section.

2. If bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site, either:

a. The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant loading rate for the pollutant in Table 2 of this section; or

b. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section.

3. If bulk biosolids is applied to a lawn or a home garden, the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section.

4. If biosolids is sold or given away in a bag or other container for application to the land, either:

a. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 3 of this section; or

b. The product of the concentration of each pollutant in the biosolids and the annual whole sludge application rate for the biosolids shall not cause the annual pollutant loading rate for the pollutant in Table 4 of this section to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in subsection D of this section.

5. Biosolids that are land applied, marketed, or distributed must satisfy the requirements in 9VAC25-31-465.

B. Pollutant concentrations and loading rates - biosolids.

C. Domestic septage. The annual application rate for domestic septage applied to agricultural land, forest, or a reclamation site shall not exceed the annual application rate calculated using equation (1).

D. Procedures to determine the annual whole sludge application rate for biosolids. 9VAC25-31-540 A 4 b requires that the product of the concentration for each pollutant listed in Table 4 of this section in biosolids sold or given away in a bag or other container for application to the land and the AWSAR for the biosolids not cause the annual pollutant loading rate for the pollutant in Table 4 to be exceeded. This section contains the procedure used to determine the AWSAR for a biosolids that does not cause the annual pollutant loading rates in Table 4 of this section to be exceeded.

1. The relationship between the APLR for a pollutant and the AWSAR for a biosolids is shown in equation (2).

2. To determine the AWSAR, equation (2) is rearranged into equation (3):

3. The procedure used to determine the AWSAR for a biosolids is presented below.

a. Analyze a sample of the biosolids to determine the concentration for each of the pollutants listed in Table 4 of this section in the biosolids.

b. Using the pollutant concentrations from Step 1 and the APLRs from Table 4 of this section, calculate an AWSAR for each pollutant using equation (3) above.

c. The AWSAR for the biosolids is the lowest AWSAR calculated in Step 2.

A. No person shall apply biosolids to the land except in accordance with the requirements in this article.

B. No person shall apply bulk biosolids to the land if it is likely to adversely affect a threatened or endangered species listed in 9VAC25-260-320 or § 4 of the Endangered Species Act (16 USC § 1533) or if the land application is likely to adversely affect its designated critical habitat.

C. No person shall apply bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 to agricultural land, forest, a public contact site, or a reclamation site if any of the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 has been reached.

D. No person shall apply domestic septage to agricultural land, forest, or a reclamation site during a 365-day period if the annual application rate in 9VAC25-32-356 D has been reached during that period.

E. The person who prepares bulk biosolids that is applied to agricultural land, forest, a public contact site, or a reclamation site shall provide the person who applies the bulk biosolids written notification of the concentration of total nitrogen and phosphorus (as N and P on a dry weight basis) in the bulk biosolids.

F. Before bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 is applied to the land, the person who proposes to apply the bulk biosolids shall contact the department to determine whether bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 has been applied to the site since July 20, 1993.

1. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 has not been applied to the site since July 20, 1993, the cumulative amount of each pollutant listed in 9VAC25-32-356 Table 3 may be applied to the site in accordance with 9VAC25-32-356 B 2 a.

2. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is known, the cumulative amount of each pollutant applied to the site shall be used to determine the additional amount of each pollutant that can be applied to the site in accordance with 9VAC25-32-356 B 2 a.

3. If bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 has been applied to the site since July 20, 1993, and the cumulative amount of each pollutant applied to the site in the bulk biosolids since that date is not known, an additional amount of each pollutant shall not be applied to the site in accordance with 9VAC25-32-356 B 2 a.

G. When a person who prepares bulk biosolids provides the bulk biosolids to a person who applies the bulk biosolids to the land, the person who prepares the bulk biosolids shall provide the person who applies the biosolids notice and necessary information to comply with the requirements in this article.

H. When a person who prepares biosolids provides the biosolids to another person who prepares the biosolids, the person who provides the biosolids shall provide the person who receives the biosolids notice and necessary information to comply with the requirements in this article.

I. The person who applies bulk biosolids to the land shall provide the owner or lease holder of the land on which the bulk biosolids is applied notice and necessary information to comply with the requirements in this article.

J. Any person who prepares bulk biosolids in another state that is applied to land in Virginia shall provide written notice to the department prior to the initial application of bulk biosolids to the land application site by the applier. The notice shall include:

1. The location, by either street address or latitude and longitude, of each land application site;

2. The approximate time period bulk biosolids will be applied to the site;

3. The name, address, telephone number, and National Pollutant Discharge Elimination System permit number (if appropriate) for the person who prepares the bulk biosolids; and

4. The name, address, telephone number, and National (or Virginia) Pollutant Discharge Elimination System permit number (if appropriate) for the person who will apply the bulk biosolids.

K. Any person who applies bulk biosolids subject to the cumulative pollutant loading rates in 9VAC25-32-356 Table 3 to the land shall provide written notice, prior to the initial application of bulk biosolids to the land application site by the applier, to the department and the department shall retain and provide access to the notice. The notice shall include:

1. The location, by either street address or latitude and longitude, of the land application site; and

2. The name, address, telephone number, and Virginia Pollution Abatement permit number (if appropriate) of the person who will apply the bulk biosolids.

L. Any person who land applies, markets, or distributes biosolids must do so in accordance with the requirements in 9VAC25-32-316.

A. In addition to the definitions given in Part I (9VAC25-32-10 et seq.) of this chapter, the following definitions apply to this section:

"PFAS" means per- and polyfluoroalkyl substances, as that term is defined in § 62.1-44.34:29 of the Code of Virginia.

"PFOA" means perfluorooctanoic acid.

"PFOS" means perfluorooctane sulfonate.

B. Beginning January 1, 2027, any owner of a treatment works land applying, marketing, or distributing biosolids in the Commonwealth shall collect representative samples of the biosolids that are intended to be land applied, marketed, or distributed and have such samples analyzed by an accredited laboratory for PFAS using U.S. Environmental Protection Agency (EPA) Method 1633, an applicable EPA revision, or another method approved by the EPA that may be allowed by the department.

1. The minimum frequency of such sampling shall be monthly for the initial sampling period from January 1, 2027, through December 31, 2027, and thereafter may be reduced to not less frequently than quarterly upon the approval of the department.

2. The owner of the treatment works shall provide the concentration results for PFOS and PFOA and all other target analytes from the analysis to the department and any person land applying biosolids from the treatment works within 10 days of receipt of such results.

3. If the treatment works that is the source of the biosolids is located outside of the Commonwealth, the permit holder intending to land apply, market, or distribute the biosolids in the Commonwealth from such treatment works shall provide analyses to the department that meet all requirements of this subsection.

C. After July 1, 2027, if the analysis required under subsection B of this section finds:

1. A PFOS or PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A PFOS or PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to 3 dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision, if any single test result exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such sample exceeds 75 micrograms per kilogram for PFOS or PFOA, the owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until such time as a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations of all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

4. When biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions C 1, C 2, and C 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.

D. After July 1, 2029, if the analysis required under subsection B of this section finds:

1. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 50 micrograms per kilogram annual average on a rolling 12-month basis, the biosolids shall not be land applied, marketed, or distributed. The owner of the treatment works shall arrange for alternative treatment, use, or disposal of the biosolids until the annual average on a rolling 12-month basis demonstrates a concentration of less than 50 micrograms per kilogram;

2. A combined PFOS and PFOA concentration in the biosolids of greater than or equal to 25 but less than 50 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder shall reduce the application rate of the biosolids to 3 dry tons per acre, not to exceed the application rate required by the nutrient management plan, or submit to the department for approval an alternative risk management strategy at least two weeks prior to land application in lieu of the reduced land application rate. Such permit holder shall reduce the application rate required in this subdivision until such time as the annual average on a rolling 12-month basis demonstrates a concentration of less than 25 micrograms per kilogram. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

a. Notwithstanding the provisions of this subdivision, if any single test result exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, the owner of the treatment works shall promptly collect another sample for testing; and

b. If the result of such test exceeds a combined PFOS and PFOA concentration of 75 micrograms per kilogram, such owner shall arrange for the alternative treatment, use, or disposal of the biosolids until a subsequent sample result demonstrates a concentration of less than 50 micrograms per kilogram; or

3. A combined PFOS and PFOA concentration in the biosolids of less than 25 micrograms per kilogram annual average on a rolling 12-month basis, the permit holder may land apply, market, or distribute the biosolids in accordance with its permit with no additional requirements. The permit holder shall send the concentrations for PFOS and PFOA demonstrating compliance with this subdivision and the concentrations for all other target analytes from the analysis required under subsection B of this section in a reader-friendly format by email or mail to the landowner at every property at which the permit holder intends to land apply the biosolids at least two weeks prior to land application.

4. When biosolids from two or more treatment works are blended prior to land application, the requirements of subdivisions D 1, D 2, and D 3 of this section shall be applied to the blended biosolids without further testing, using a mass-balance calculation.

Article 2
Operational and Monitoring Requirements

A. Bulk biosolids or biosolids sold or given away in a bag or other container shall be monitored for the parameters identified in Table 1 of this section:

B. Biosolids pollutant limits.

1. Bulk biosolids or biosolids sold or given away in a bag or other container shall not be applied to the land if the concentration of any pollutant in the biosolids exceeds the ceiling concentration for the pollutant in Table 2 of this section.

2. If bulk biosolids is applied to agricultural land, forest, a public contact site, or a reclamation site, either:

a. The cumulative loading rate for each pollutant shall not exceed the cumulative pollutant loading rate for the pollutant in Table 3 of this section; or

b. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 4 of this section.

3. If bulk biosolids is applied to a lawn or a home garden, the concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 4 of this section.

4. If biosolids is sold or given away in a bag or other container for application to the land, either:

a. The concentration of each pollutant in the biosolids shall not exceed the concentration for the pollutant in Table 4 of this section; or

b. The product of the concentration of each pollutant in the biosolids and the annual whole sludge application rate for the biosolids shall not cause the annual pollutant loading rate for the pollutant in Table 5 of this section to be exceeded. The procedure used to determine the annual whole sludge application rate is presented in subsection D of this section.

5. Biosolids that are land applied, marketed, or distributed must satisfy the requirements in 9VAC25-32-316.

C. Pollutant concentrations and loading rates - biosolids.

D. Procedures to determine the annual whole sludge application rate (AWSAR) for biosolids. Subdivision B 4 b of this section requires that the product of the concentration for each pollutant listed in Table 4 of this section in biosolids sold or given away in a bag or other container for application to the land and the AWSAR for the biosolids not cause the annual pollutant loading rate for the pollutant in Table 5 to be exceeded. This subsection contains that procedure used to determine the AWSAR for a biosolids that does not cause the annual pollutant loading rates (APLR) in Table 5 of this section to be exceeded.

1. The relationship between the APLR for a pollutant and the AWSAR for a biosolids is shown in equation (1):

2. To determine the AWSAR, equation (1) is rearranged into equation (2):

3. The procedure used to determine the AWSAR for a biosolids is presented below:

a. Analyze a sample of the biosolids to determine the concentration for each of the pollutants listed in Table 4 of this section in the biosolids.

b. Using the pollutant concentrations from subdivision 3 a of this subsection and the APLRs from Table 5 of this section, calculate an AWSAR for each pollutant using Equation (2) above.

c. The AWSAR for the biosolids is the lowest AWSAR calculated in subdivision 3 b of this subsection.

A. Written notification.

1. At least 100 days prior to commencing the first land application of biosolids at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the chief executive officer or designee for the local government where the site is located. This requirement may be satisfied by the department's notice to the local government at the time of receiving the permit application if all necessary information is included in the notice or by providing a list of available permitted sites in the locality at least 100 days prior to commencing the application at any site on the list. If the site is located in more than one county, the information shall be provided to all jurisdictions where the site is located.

2. At least 14 days prior to commencing land application of biosolids at a permitted site, the permit holder shall deliver or cause to be delivered written notification to the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. The notice shall identify the location of the permitted site and the expected sources of the biosolids to be applied to the site.

3. Not more than 24 hours prior to commencing land application activities, including delivery of biosolids at a permitted site, the permittee shall notify in writing the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. This notification shall include identification of the biosolids source and shall include only sites where land application activities will commence within 24 hours or where biosolids will be staged within 24 hours.

4. The permit holder shall conduct notification in accordance with 9VAC25-32-316.

B. Posting signs.

1. At least five business days prior to delivery of biosolids for land application on any site permitted under this regulation, the permit holder shall post signs at the site that comply with this section, are visible and legible from the public right-of-way in both directions of travel, and conform to the specifications herein. The sign shall remain in place for at least five business days after land application has been completed at the site. The permit holder shall not remove the signs until at least 30 days after land application has been completed at the site.

a. A sign shall be posted at or near the intersection of the public right-of-way and the main site access road or driveway to the site used by the biosolids transport vehicles.

b. If the field is located adjacent to a public right-of-way, at least one sign shall be posted along each public road frontage beside the field to be land applied.

c. The department may grant a waiver to the requirements in this section, or require alternative posting options due to extenuating circumstances or where requirements conflict with local government ordinances and other requirements regulating the use of signs.

2. Upon the posting of signs at a land application site prior to commencing land application, the permittee shall deliver or cause to be delivered written notification to the department and the chief executive officer or designee for the local government where the site is located unless they request in writing not to receive the notice. Notification shall be delivered to the department within 24 hours of the posting of signs. The notice shall include the following:

a. The name and telephone number of the permit holder, including the name of a representative knowledgeable of the permit;

b. Identification by tax map number and the DEQ control number for sites on which land application is to take place;

c. The name or title and telephone number of at least one individual designated by the permit holder to respond to questions and complaints related to the land application project if not the permit holder identified in 9VAC25-32-515 B 2 a;

d. The approximate dates on which land application is to begin and end at the site; and

e. The name, address, and telephone number of the wastewater treatment facility or facilities from which the biosolids will originate, including the name or title of a representative of the treatment facility who is knowledgeable about the land application operation.

3. The sign shall be made of weather-resistant materials and shall be sturdily mounted so as to be capable of remaining in place and legible throughout the period that the sign is required at the site. Signs required by this section shall be temporary, nonilluminated, and four square feet or more in area, and only contain the following information:

a. A statement that biosolids are being land-applied at the site;

b. The name of the permit holder;

c. The telephone number of an individual designated by the permit holder to respond to complaints and inquiries; and

d. Contact information for the department, including a telephone number for complaints and inquiries.

4. The permit holder shall make a good faith effort to replace or repair any sign that has been removed from a land application site or that has been damaged so as to render any of its required information illegible prior to five business days after completion of land application.

C. Handling of complaints.

1. Within 24 hours of receiving notification of a complaint, the permit holder shall commence investigation of said complaint and shall determine whether the complaint is substantive. The permit holder shall confirm receipt of all substantive complaints by phone, email, or facsimile to the department, the chief executive officer or his designee for the local government of the jurisdiction in which the complaint originates, and the owner of the treatment facility from which the biosolids originated within 24 hours after receiving the complaint.

2. For the purposes of this section, a substantive complaint shall be deemed to be any complaint alleging a violation of these regulations, state law, or local ordinance; a release of biosolids to state waters or to a public right-of-way or to any location not authorized in the permit; or failure to comply with the nutrient management plan for the land application site.

3. Localities receiving complaints concerning land application of biosolids shall notify the department and the permit holder within 24 hours of receiving the complaint.

A. Exceptional quality. Distribution or marketing provides for the sale or distribution of exceptional quality biosolids or mixtures of exceptional quality biosolids with other materials such that the mixture achieves the Class A pathogen control, vector attraction reduction and pollutant control standards. Distribution or marketing of Class A biosolids that have been mixed with inert materials may be approved on a case-by-case basis. Use of such mixtures for agricultural purposes shall be evaluated through proper testing or research programs designed to assess the suitability of the material for such use. Exceptional quality biosolids marketed as fertilizers or soil conditioners must meet the following conditions:

1. The biosolids product must be registered with the Virginia Department of Agriculture and Consumer Services in accordance with the provisions of § 3.2-3607 of the Code of Virginia.

2. The biosolids product must be processed to meet Class A pathogen requirements as specified in 9VAC25-32-675 A.

3. The biosolids product must meet one of the vector attraction reduction requirements as specified in 9VAC25-32-685 B 1 through B 8.

4. The biosolids product must meet the ceiling concentrations specified in 9VAC25-32-356 - Table 2.

5. The biosolids product must meet the pollutant concentrations specified in 9VAC25-32-356 - Table 4.

6. The biosolids product must meet the requirements specified in 9VAC25-32-316.

7. Additional parameters may be required for screening purposes such as organic chemicals, aluminum (mg/kg), water soluble boron (mg/kg), calcium (mg/kg), chlorides (mg/l), manganese (mg/kg), sulfur (mg/kg), and those pollutants for which removal credits are granted.

B. Bulk distribution. Exceptional quality biosolids may be distributed and marketed in either bulk amounts (unpacked) or as a bagged product. The following requirements shall apply to distribution and marketing of biosolids products:

1. Any permit holder who distributes or markets exceptional quality biosolids shall comply with the reporting requirements of §§ 3.2-3609 and 3.2-3610 of the Code of Virginia. The records shall be maintained for five years and made available to the department upon request.

2. Bulk quantities of exceptional quality biosolids shall be land applied in accordance with a nutrient management plan prepared by a certified nutrient management planner as stipulated in regulations promulgated pursuant to § 10.1-104.2 of the Code of Virginia, except under the following conditions:

a. The percent solids of the biosolids is equal to or greater than 90% based on moisture content and total solids, or

b. A blended product derived from biosolids is utilized for a purpose other than land application at agricultural operations.

3. Within 30 days after land application at the site has commenced, the permit holder shall provide a copy of the plan to the farm operator of the site and the Department of Conservation and Recreation.

C. Approval of biosolids sources. Only exceptional quality biosolids produced from a sludge processing facility approved by the department can be distributed and marketed.

D. Information furnished to all users. Labeling requirements shall be addressed in a biosolids management plan. Either a label shall be affixed to the bag or other container in which exceptional quality biosolids is sold or given away for application to the land, or an information sheet shall be provided to the person who receives exceptional quality biosolids. The label or information sheet shall contain the following information:

1. The name and address of the person who prepared the exceptional quality biosolids;

2. A statement that application of the exceptional quality biosolids to the land is prohibited except in accordance with the instructions on the label or information sheet;

3. The annual whole sludge application rate for the biosolids that does not cause any of the annual pollutant loading rates in Table 5 of 9VAC25-32-356 to be exceeded; and

4. Information required in accordance with regulations promulgated under § 3.2-3601 of the Code of Virginia and with the labeling provisions of § 3.2-3611 of the Code of Virginia.

E. Recordkeeping.

1. The person who prepares exceptional quality biosolids shall develop the following information and shall retain the information for five years:

a. The concentration of each pollutant listed in Table 4 of 9VAC25-32-356 in the biosolids;

b. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-32-675 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

c. A description of how the Class A pathogen requirements in 9VAC25-32-675 A are met; and

d. A description of how one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8 is met.

2. The person who derives the material that meets the criteria of exceptional quality biosolids shall develop the following information and shall retain the information for five years:

a. The concentration of each pollutant listed in Table 4 of 9VAC25-32-356 in the material;

b. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the Class A pathogen requirements in 9VAC25-32-675 A and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

c. A description of how the Class A pathogen requirements in 9VAC25-32-675 A are met; and

d. A description of how one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8 is met.

3. If the requirements in 9VAC25-32-356 B 4 b are met when biosolids is sold or given away in a bag or other container for application to the land, the person who prepares the biosolids that is sold or given away in a bag or other container shall develop the following information and shall retain the information for five years:

a. The annual whole sludge application rate for the biosolids that does not cause the annual pollutant loading rates in Table 5 of 9VAC25-32-356 to be exceeded;

b. The concentration of each pollutant listed in Table 5 of 9VAC25-32-356 in the biosolids;

c. The following certification statement:

"I certify, under penalty of law, that the information that will be used to determine compliance with the management practices in 9VAC25-32-570 E and F, the Class A pathogen requirement in 9VAC25-32-675 A, and the vector attraction reduction requirement in (insert one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8) was prepared under my direction and supervision in accordance with the system designed to ensure that qualified personnel properly gather and evaluate this information. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment.";

d. A description of how the Class A pathogen requirements in 9VAC25-32-675 A are met; and

e. A description of how one of the vector attraction reduction requirements in 9VAC25-32-685 B 1 through B 8 is met.

F. An annual report shall be submitted to the department that includes the following information:

1. Total amount in dry tons of exceptional quality biosolids distributed in a bag or other container per year;

2. Total amount in dry tons of exceptional quality biosolids distributed in bulk; and

3. Total amount in dry tons of exceptional quality biosolids distributed from each approved source.