Subcommittee adopts substitute to target PFAS monitoring at likely industrial sources

Delegate Clark presented a substitute to HB 9 38 that narrows the universe of dischargers required to provide PFAS monitoring information and aligns language with a companion bill from the other legislative body. Brandon Bull, policy director at the Department of Environmental Quality, explained the substitute would identify certain industrial categories (PFAS manufacturers, electroplating, semiconductor/circuit board facilities, paper packaging, textile mills, tanneries, centralized waste treatment, industrial launderers, airports/air bases and landfills) as those more likely to have PFAS and therefore subject to monitoring expectations.

DEQ staff described the substitute as technical drafting support and said the state agency maintained no formal position in committee. Municipal wastewater associations discussed implementation; Chris Pomeroy told the committee his membership views the bill as a helpful step to identify and control high sources and that testing costs should be borne by industrial users. "The substitute would require certain facilities that discharge to the POTW to do PFAS monitoring," Brandon Bull said, summarizing the draft language.

Supporters and municipal authorities said targeted monitoring helps find upstream sources before PFAS become aggregated in biosolids; wastewater authorities warned of testing costs and data management burdens but said the policy direction was useful. The subcommittee adopted the substitute and reported the bill for further consideration.