Tag Archives: water

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DEQ study throws cold water on data center development east of I-95 — and its delayed release becomes a problem for Spanberger

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Among the many environmental, energy and economic concerns about the unconstrained spread of data centers in Virginia, the impact on drinking water supplies has ranked fairly low. That changed suddenly last week, with the release of a report that the administration of Gov. Abigail Spanberger seems to have tried to suppress.   

In compliance with legislation passed in March of 2024, scientists at the Department of Environmental Quality (DEQ) studied the health of the largest aquifer in eastern Virginia. Their report concludes that the Potomac Aquifer can’t support any new industrial water withdrawals. That means no water-cooled data centers. 

The implications for data center developers are obviously bad. But for the governor, the consequences may be worse. The administration delayed releasing the report for six months beyond its January 1st deadline. In fact, it took an open records request from the Associated Press to pry the report out of Spanberger’s office. 

Spanberger wasn’t even in office on January 1, so outgoing Gov. Glen Youngkin and his DEQ director, Mike Rollband, bear responsibility for at least the initial delay. 

However, Spanberger retained Rollband to continue serving during her administration. And in the months since she took office, Spanberger, like Youngkin before her, has sided with the data center industry much more often than with its critics. 

Rollband himself has not commented on the delay. The Associated Press said a Spanberger spokesman “attributed delays in the report’s release to a backlog of outstanding items from the previous governor’s administration.” 

The delay matters. If the report had been released by its January deadline, it might have influenced the General Assembly’s consideration of bills this year aimed at protecting Virginia’s water resources from the unchecked growth of the data center industry, or even spurred tougher measures. 

The General Assembly passed legislation to require reporting on how much water data centers are using, but the House bill originally required disclosure upfront as part of the permitting process. Those tougher measures never made it into the final bill. 

If legislators had had the benefit of DEQ’s report in January, would they have settled for merely collecting data after the fact? 

Sens. Russet Perry, D-Loudoun, and Richard Stuart, R-KIng George, think not. On Thursday the two legislators sent Spanberger a letter asking her to convene a special session to consider new policies to rein in water use in the aquifer system. 

Yet the report’s conclusions are not actually a surprise.

It’s true that, unlike the arid West, most of Virginia has enough water most of the time to meet our needs. But this is not the case for the Virginia Coastal Plain, roughly the area east of I-95 overlying the underground Potomac Aquifer. There, heavy withdrawals of groundwater have for decades exceeded the ability of rainfall to replenish supplies. 

The depletion of the Potomac Aquifer has been a recognized problem for years among scientists and area leaders. Its consequences include sinking land, saltwater seeping into water wells in coastal areas and greater relative sea level rise that contributes to coastal flooding. 

Most seriously, groundwater depletion threatens the ability of the region to provide water to a growing population. 

The Hampton Roads region has even implemented an effort to inject treated wastewater into the aquifer to reverse (or at least limit) land subsidence. According to the DEQ report, all it would take to undermine that effort is one significant new industrial user like a gas plant or hyperscale data center – or a combination of the two.   

Underlining the seriousness of this conclusion is the fact that most of Virginia is currently  in a drought, one severe enough to warrant weekly meetings at DEQ. The agency’s online map shows that as of this writing, groundwater supplies in parts of the coastal plain have fallen to emergency levels.

The depletion of the aquifer has hindered development before. 

Back in 2019, concerns about groundwater depletion became an issue for two gas-fired power plants proposed for Charles City County, which would have relied on groundwater from the Potomac Aquifer to produce steam and provide cooling. 

At the time, DEQ proposed to grant one of the developers a temporary permit until a pipeline could be built to deliver enough river water. Following passage of the Virginia Clean Economy Act (VCEA), however, the gas plant proposals were scrapped. 

Today, however, developers are proposing a new gas plant in Charles City to provide a data center with onsite generation. 

Developer Point One seems to think it has figured out a way around the VCEA’s limits on new fossil fuel generation by using 35 smaller gas turbines instead of a couple of big ones, and using the electricity to supply the data center directly instead of feeding energy into the grid. Whether it has discussed its water needs with DEQ is not clear. 

Polling in Virginia shows public opinion has turned sharply against data centers. Spanberger’s own popularity has also turned negative, and that might be due in part to her support for the data center industry. 

A poll released in July by the L. Douglas Wilder School of Government and Public Affairs at Virginia Commonwealth University showed 72% of residents oppose the sales tax exemption for data centers that Spanberger fought to preserve.  

Although Republican legislators in Virginia have historically supported the data center industry in larger numbers than Democrats, they may be seeing a political opportunity. Republican Sen. Glen Sturtevant, R-Chesterfield, sent a letter asking Spanberger for a “pause” on new data center approvals, citing the General Assembly’s failure to pass legislation he introduced to require site assessments. 

That puts Sturtevant on the same side as environmental groups like the Sierra Club that now see a temporary moratorium as the only way to slow the onslaught. Virginia Sierra Club data center chair Ann Bennett told me that while the DEQ report clearly makes the case against siting data centers east of I-95, “we need to protect all state waters.” 

With pressure from both the left and the right, Spanberger has the difficult job of balancing her support for data center development with her promises to protect the environment and make data centers “pay their fair share.” Her delay in releasing the DEQ report undermines her credibility at a crucial time.

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Is sewage sludge laced with ‘forever chemicals’ contaminating Va. farmland?

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It’s out of sight and out of mind, and it might just be killing people.

For decades, American factories have been sending their wastewater to municipal sewage treatment plants across the country, which handle it along with the effluent from other industries, homes and businesses. At the other end of the process, the separated and dried-out solids are often delivered to farmers as free fertilizer. The land application of this “sewage sludge” has long been encouraged by environmental regulators as a way to deal with what would otherwise be a vexing waste disposal problem. 

Yet not all of that wastewater, or the sludge that becomes fertilizer, is benign. An increasing number of industries discharge effluent laced with toxic per- and polyfluoroalkyl substances (PFAS), which most treatment plants aren’t equipped to remove. PFAS are notoriously long-lasting, so much so that they are nicknamed “forever chemicals.” And now some states are finding that PFAS-laced sewage sludge is contaminating farmland and poisoning consumers. 

PFAS are a relatively new class of synthetic chemical, emerging commercially in the 1950s to find their way into a wide range of useful products, including non-stick pans (most notoriouslyTeflon), waterproof clothing, stain-resistant fabrics and firefighting chemicals. Unfortunately, exposure to PFAS has been shown to cause an almost equally-wide range of environmental and human health harms, including cancer, kidney disease, thyroid disease, reproductive problems and obesity. 

After years of foot-dragging, the U.S. Environmental Protection Agency finally took action against two early types of PFAS that had already fallen out of use, setting drinking water standards for those and a few others. At the same time, however, chemical companies have been turning out literally thousands of new iterations that have been little studied and remain largely unregulated. PFAS have become so ubiquitous in the environment that scientists estimate 98% of Americans — and even some newborns — have detectable levels in their blood.  

In recent years, public health advocates have started to worry that PFAS may also be entering our food supply via the sewage sludge applied to farmland. According to the New York Times, five states – Texas, Michigan, New York, Maine and Tennessee – have detected PFAS on farmland treated with sewage sludge, sometimes in high levels. Crops grown in contaminated soil absorb the chemicals and pass them up the food chain. 

In Maine and Michigan, officials shut down farms after finding high concentrations of PFAS in the soil and in the meat of grazing animals. Maine officials found contamination on 56 farms and in 23% of more than 1,500 groundwater samples taken from farms and residences. 

In 2022, Maine banned the use of sewage sludge on agricultural land and prohibited most uses of PFAS in consumer products starting in 2030. The state is now working with affected farmers to compensate them or find alternative uses for contaminated land. Officials note that the testing programs are just beginning and fear that they may be seeing only the tip of the iceberg. 

The New York Times did not include Virginia among the states known to have PFAS-contaminated farmland. That’s not because we don’t have a problem. Rather, it’s because the Virginia Department of Environmental Quality (DEQ), which issues permits to municipal wastewater treatment plants, doesn’t require sludge to be tested.  

What little we do know is cause for concern. The conservation group Wild Virginia analyzed data submitted to DEQ in 2022 by a small number of drinking water and wastewater treatment plants that voluntarily tested their effluent. Limited and incomplete as it was, the information revealed that 20 of the 21 wastewater treatment plants that tested for PFAS found significant concentrations in their effluent. Only 8 of the plants also tested their sludge, but all 8 reported significant concentrations of PFAS. 

I talked by phone with David Sligh, Wild Virginia’s conservation director and a former DEQ employee, who told me the group plans to publish a report on this problem in the coming week. DEQ, he said, has the authority to regulate PFAS in treatment plants’ effluent and sludge and should be doing so to protect the public. His group has joined other members of the Virginia Conservation Network in calling on DEQ “to place the responsibility and cost of cleaning up PFAS on the industries that use and manufacture PFAS by requiring PFAS disclosure, monitoring, and limits in pollution discharge permits.”

DEQ, however, seems to be in no hurry. Neil Zahradka, manager of the land applications program at DEQ, wrote in an email to Tyla Matteson, a Sierra Club volunteer who works on sewage sludge issues, “To date, DEQ has relied upon the EPA biennial reviews to determine if additional regulation of biosolids is necessary beyond that contained in current permits, and no additional limits or criteria for PFAS have been set. … [A]ccording to the EPA PFAS Strategic Roadmap, they plan to complete the risk assessment for PFAS in biosolids this year.  We do plan to update the DEQ biosolids fact sheet once we have additional substantive information to offer landowners.”

Waiting for EPA to act first is convenient, but it does a grave disservice to Virginians. EPA itself has stalled for so long that Potomac Riverkeeper, Public Employees for Environmental Responsibility (PEER) and other groups finally sued the agency this year for its failure to regulate PFAS in sewage sludge used as fertilizer. According to PEER, EPA identified 10 different types of PFAS among some 250 pollutants contaminating sewage sludge, yet insists it is only obligated to identify the toxics in sewage sludge, not do anything about it.  

I suspect EPA and DEQ’s hesitance is due to the fear of what they would find in any extensive testing program. If testing confirmed widespread contamination in sewage sludge, DEQ would – one hopes – feel obligated to stop the practice of spreading it across the farms that produce our food. After all, if you identify a poison in your product, the answer is probably not to spread it among as many people as possible. 

Annoying as it would be for DEQ, industry and even farmers to learn the truth, though, the alternative is worse. PFAS can be removed, either in the wastewater treatment process or, ideally, before it leaves its industrial source. Not testing and treating means needlessly exposing farmers, their families and their animals – and ultimately all the rest of us – to chemicals that have no safe level of exposure. 

Given what we know about the harms PFAS causes, DEQ’s inaction is inexcusable. If Maine can tackle this threat to its land and people, surely Virginia can do it as well. We should expect no less.

This article was originally published in the Virginia Mercury on September 26, 2024.