Virginia’s Water Control Board Advances Nutrient and PFAS Rules for Industrial Dischargers

Author: William Shane

The Virginia State Water Control Board recently took action on two regulatory items with potential to impact industrial facilities across the Commonwealth. Both actions will soon be published in the Virginia Register, opening a 30-day public comment period before the rules can move toward final adoption.

Action 1: Point Source Nutrient Credits for Industrial Stormwater

The Board approved regulations authorizing facilities to use point source nutrient credits to satisfy industrial stormwater nutrient limits. Virginia law (§62.1-44.19:21 of the Code of Virginia), already allows facilities to acquire and use nutrient credits to meet their nutrient loading obligations. However, until now, the nutrient trading conversation has centered on nonpoint source (NPS) credits generated through land conversion, stream restoration, or stormwater Best Management Practices (BMPs). This new rule formalizes the certification and use of point source nutrient credits as a compliance option for industrial stormwater permittees. These credits may be generated by other regulated point sources, such as treatment facilities, and must come from a certified registry which Virigina Department of Environmental Quality (DEQ) operates.

• The NPS Nutrient Credit Registry and Application List shows approved and pending nutrient banks with available credits by tributary.
• SWaN (Stream, Wetland, and Nutrient) credit trading platform is a new digital wetland mitigation and nutrient credit marketplace where credits can be purchased and sold. A unique feature of the system is that it automatically uploads permit information including project location, hydrologic unit code, and the amount and type of credits needed.

Why it matters for industrial dischargers: Facilities facing tightening nitrogen and phosphorus limits in their stormwater permits will now have another market-based compliance pathway in addition to engineering controls and existing NPS credit purchases. This could be especially useful where on-site structural controls are costly or space-constrained, or where local nutrient credit supply is limited.

Action 2: PFAS Monitoring Requirements for POTWs

The second action incorporates new per- and polyfluoroalkyl substances (PFAS) monitoring requirements for Publicly Owned Treatment Works (POTWs) into Board regulations. This rule implements legislation enacted in the 2026 Virigina General Assembly session directing DEQ to expand PFAS oversight of industrial users that discharge to municipal sewer systems.

Under the rule, certain new or existing industrial users of POTWs will be required to conduct quarterly PFAS monitoring during an initial characterization period and to report the results to their POTW. If PFAS is detected above the method detection limit, ongoing quarterly monitoring continues beyond the initial period. POTWs, in turn, must provide this data to DEQ, building a statewide dataset on industrial PFAS sources.

Why it matters for industrial dischargers: Industrial facilities with pretreatment permits should anticipate new sampling, recordkeeping, and reporting obligations, and should expect their POTW to follow up with formal notification once the rule takes effect. Because the data is reported directly to DEQ, facilities identified as dischargers of PFAS may eventually face more tailored discharge limits or pretreatment standards.

What Comes Next

Once the regulations have been published in the Virginia Register, comments may be submitted during the 30-day public comment window at https://townhall.virginia.gov/. This window provides an opportunity for affected facilities, industry groups, and POTWs to review the proposed text and provide feedback. Implementation details, particularly for the PFAS action, are still being developed. Therefore, it is recommended that potentially impacted facilities submit comments, whether individually or as part of an industry group.

If you have questions about how these regulations could impact your facility or about how ALL4 can help, please contact our team, including William Shane at wshane@all4inc.com or 859-233-0123.