Dozens of people and several environmental groups have called on the Virginia Department of Environmental Quality (DEQ) to prevent releases and threats to people and wildlife caused by “forever chemicals” at Fort Belvoir. Importantly, commenters are also calling on DEQ to hold a public hearing to inform the affected communities and amplify the voices of even more people about the issues related to a proposed pollution permit.

The permit drafted by DEQ is supposed to prevent contamination in local streams and all downstream areas, including the Potomac River and the Chesapeake Bay. However, despite proof that groundwater, oils, and surface water have been heavily polluted by per- and polyflouroalkyl substances (PFAS) released to the environment, DEQ has failed even to mention these problems in the permit or analyze the threat of water quality standards violations, let alone protect us from these threats.

PFAS are a large group of toxic chemicals that have been produced since the 1940s and are used in many products we use and value – non-stick cookware, weather-resistant clothing, fire fighting foam, food packaging, and many more. The properties that make these substances useful for these purposes, that they are resistant to water and oils and that they are stable and long-lasting, also create great risks. Once released into the environment, PFAS do not degrade or go away – rather, they accumulate in animals, in sediments, and even in our bodies; and they bioconcentrate, increasing in concentration as they move up the food chain. Even miniscule amounts of PFAS pose dire threats.

Joining Wild Virginia, Potomac Riverkeeper Network and the Southern Environmental Law Center (SELC), thirty-five citizens from various backgrounds and perspectives called on DEQ to deny the draft permit for Fort Belvoir and amend it to include requirements for representative monitoring, so we know where PFAS exist and where and how they are or may be discharged to state waters. And since we already know that PFAS have contaminated groundwater and at least one surface water body, and that other discharges to streams and wetlands are nearly certain, the permit must also require treatment and mitigation steps to prevent any additional discharges of PFAS in detectable amounts.

DEQ’s Refusal to Prevent Harms from PFAS

This permit for Fort Belvoir is just one of dozens for which Wild Virginia and partners around the state have advocated that DEQ properly address PFAS threats and even proven discharges to state waters. We have presented evidence of pollution entering the environment and dire threats to people and wildlife, and we have outlined the legal provisions under which Virginia has a duty to act. In the face of these presentations, DEQ has persistently refused to meet its responsibilities.

For example, as described in a previous blog post, we and numerous members of the public told DEQ that it must include PFAS monitoring and treatment requirements in a permit for the municipal wastewater treatment plant at Scottsville. We also called on both DEQ and the U.S. Environmental Protection Agency (EPA) to see that the City of Danville’s wastewater plant was properly regulated, because that facility has had known PFAS discharges. In both cases, DEQ refused to respond to evidence of ongoing PFAS pollution entering our waters. Now we are trying again to achieve the necessary improvement, to ensure that stormwater runoff from Fort Belvoir does not carry dangerous chemicals into our waters.

A Public Hearing is Needed

Virginia law states that the DEQ Director “shall grant a public hearing” if the Director finds 1) that there is a “significant public interest” in the permit, 2) that commenters have raised substantial, disputed issues, and 3) that the actions commenters advocate are not prohibited under the law. 9 VAC 25-210-165.C. In addition to this requirement for hearings, the Director has discretion to hold a hearing in any case. 9 VAC 25-210-165.G.

The fact that there is “significant public interest” justifying a public hearing in this case is clearly proven. Not only did thirty-eight parties request a hearing in their comments, they explained important reasons that DEQ’s failure to meet its duties would affect their interests in very negative ways. Commenters explained that they eat fish and shellfish from downstream waters, that they care about the long-term health of the local streams, Accotink Creek and its tributaries, as well as the Potomac and the Bay, and that they want DEQ to protect all of our waters because they know that a failure to do so here is a predictor of DEQ’s actions elsewhere, and is therefore a threat to all Virginians.

Join the Discussion

The first step in continuing to advocate for the appropriate requirements in this permit is to have the public hearing we’ve requested, so more people can learn about the problems at this facility and the need to change DEQ’s approach to PFAS in all discharge permits.

DEQ Director Rolband should accede to the wishes of a large group of commenters and schedule a hearing, recognizing that this permit is of great public interest. Although the formal comment period has ended, we still recommend you let Director Rolband know that you want him to do the right thing and schedule a hearing. You can send emails directly to [email protected].

The second step is to show up at the hearing, if held, and join us in additional comment opportunities on this and other permits.

One of those other permits that will be up for public comment soon is for the County of Arlington’s municipal wastewater treatment plant. We know that the Arlington plant is discharging a large number of PFAS types in amounts that should be prohibited.

Please keep following us and we will let you know when there’s a chance to weigh in on the Arlington permit and on others as they arise.