Mixed bag of bills aimed at chemical pollution were introduced in the General Assembly. Here’s how they fared.

The House Agriculture, Chesapeake and Natural Resources subcommittee heard bills aimed at expanding the state’s understanding of pollutants, like microplastics, and regulating hazardous chemicals. Here are how some of those bills fared.

Microplastics

Del. Nadarius Clark introduced a bill that would have had the commissioner of health, Colin Greene, manage a work group to study how often microplastics end up in public drinking water.

Exposure to microplastics has been connected to chronic inflammation, asthma and some cancers, with the severity depending on how much is ingested and how long one is exposed to it.

The average person may consume a credit cards worth of plastic every week, according to a 2019 analysis by the World Wildlife Foundation.

“It is going to be useful information to have, to know what we have in our water supply,” said Jay Ford, the policy and grassroots advisor for the Chesapeake Bay Foundation.

Mike Carlin, Virginia chemistry council advisor with the Virginia Manufacturers Association, spoke against the bill, advocating instead for the Department of Environmental Quality to take the lead on a microplastics study, rather than the Department of Health.

The bill failed, in a 5-4 vote, along party lines, with Republicans making up the majority.

Toxic chemicals used to seal driveways and parking lots

Del. Kathy Tran introduced a bill that would ultimately ban the sale of pavement sealants that contain more than 1% polycyclic aromatic hydrocarbons, a class of chemicals found in coal, crude oil and gasoline.

The bill would allow local governments to ban the sale of new products later this year and would to stop all use in the locality the following year. It would call for a $250 fine for violations, with the money going to the Environmental Emergency Response Fund.

Coal tar, used to seal driveways and parking lots, has high concentrations of the chemical, which breaks down as it ages into particles small enough to float and be ingested.

Living near a pavement sealed with polycyclic aromatic hydrocarbons, or PAH, can increase the risk of cancer by 38 times, according to the National Caucus of Environmental Legislators website. PAH in runoff are toxic to marine life and cause cancer in fish, oysters and mussels, and can damage their fertility.

“Driveway and pavement sealants that are used to extend the life of a driveway or parking lot can also affect the quality of water,” Tran said.

There are cost competitive alternatives that do not contain toxins, such as PAH-like asphalt and acrylic based sealants.

The bill advanced in a 5-4 vote.

Chemical leaks

Del. Alfonso Lopez introduced a bill to track above ground storage tanks that contain hazardous materials.

The bill would provide funds to track whether tanks are near sources of drinking water, schools or residential neighborhoods. It would provide insight into the risk of spills leaking into the Chesapeake Bay and other waterways during flooding, or strong storms.

A 2020 report published by the Center for Progressive Reform showed leaks and spills in above ground chemical storage tanks happened most often in Hampton Roads, Richmond and the Blue Ridge regions. Underserved and minority communities are typically the most affected.

A Department of Environmental Quality database shows there have been more than 4,800 chemical spills from tanks between 2000 and 2020, about 230 per year.

“Communities across Virginia should have the right to be able to have this information at their disposal,” Lopez said in the meeting. “Let’s be honest, I think the chemicals in these above ground storage tanks are much more dangerous than oil.”

The bill was supported by environmental groups like the Chesapeake Bay Foundation and the James River Association. It was opposed by the Virginia Agriculture Business Council because some of the chemical tanks are already regulated at the federal level, including tanks containing pesticides and lawncare chemicals.

The bill was tabled in a 5-4 vote along party lines, all but killing it.

Tracking PFAS

Del. Sam Rasoul introduced a bill that would require companies that clean industrial parts contaminated by perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, to test for the chemicals before and after they are are cleaned or repaired, then to submit the results to the emergency services coordinator in their city or town.

PFAS are a group of manufactured chemicals used in many consumer and industrial products. These chemicals break down slowly, and because of their persistence and wide use, they can accumulate in people’s blood, causing a range of health problems.

Rasoul’s bill came in response to PFAS contamination in the Roanoke River and the Spring Hollow Reservoir., The chemicals were found in the wastewater of ProChem Inc., a company that services Chemours’ Washington Works Facility in West Virginia. Chemours is a chemical company that uses PFAS in some of its products.

The reservoir provides drinking water to about 13,000 residents in Roanoke County. There are no federal or state regulations limiting the amount of PFAS allowed in drinking water, but the EPA issued guidance on what is an “acceptable level.” The cleanup to protect Roanoke County’s drinking water will cost about $13.5 million, according to Rasoul.

The bill advanced with a 7-2 vote.

Everett Eaton, 262-902-7896, everett.eaton@virginiamedia.com