West Virginia’s 2026 De Minimis Standards: Current Levels and Key Changes

Sources: Final rule and standards table, WVDEP supporting documentation.

Latest Standards and Update Dates

West Virginia’s latest Voluntary Remediation and Redevelopment De Minimis Standards took effect on April 8, 2026. Filed on March 9, 2026, the updated rule, 60CSR9, replaces the version effective August 29, 2021. It introduces PFAS standards and revises values used to assess contaminated soil and groundwater. West Virginia Secretary of State rule record, previous rule record.

De minimis standards identify contaminant concentrations considered to pose no substantial human-health risk under the relevant residential or industrial use assumptions. The current values appear in Table 60-9, with separate columns for residential soil, industrial soil, and groundwater. Selected values are shown below; the linked rule contains the complete table and its application notes. Final rule and Table 60-9.

Contaminant	Residential soil (mg/kg)	Industrial soil (mg/kg)	Groundwater (µg/L)
Lead	200	460	10
Arsenic	0.030	1.4	10
Benzene	1.1	54	5
PFOA	0.000018	0.00078	0.004
PFOS	0.0063	0.082	0.004

The groundwater value for each listed PFAS—PFOA and PFOS—is 4 ng/L, equivalent to 0.004 µg/L. These are individual compound values.

What Changed?

The update makes several changes that environmental professionals should review:

• Lower lead values. Residential soil decreases from 400 to 200 mg/kg, industrial soil from 800 to 460 mg/kg, and groundwater from 15 to 10 µg/L. WVDEP links the residential change to updated EPA guidance and derives the industrial value using the Adult Lead Model.
• Longer residential exposure. The default exposure duration increases from 26 to 30 years to better reflect how long West Virginia residents may remain at one property.
• Revised toxicity and chemical data. Updated inputs affect numerous substances, including arsenic and chromium VI. WVDEP also updates calculations for four chemicals to account for increased cancer susceptibility from childhood exposure: 3,3′-dimethoxybenzidine, 3,3′-dimethylbenzidine, chloroprene, and formaldehyde.

These changes and their technical basis are detailed in WVDEP’s supporting documentation, Sections 3–4.

PFOA and PFOS are newly added. WVDEP adopted their federal drinking-water maximum contaminant levels as groundwater de minimis values. For soil, the selected PFOA values are based on cancer effects; PFOS values are based on noncancer effects because those calculations produced lower concentrations. Other PFAS still require consideration: WVDEP’s response to comments explains that available EPA Regional Screening Levels can support initial screening of compounds absent from Table 60-9. WVDEP response to comments, Responses 3–5.

For project teams, the immediate priority is to review assessment tables and reporting templates against the 2026 values. Match each comparison to the relevant land use and exposure pathways. WVDEP guidance also allows consideration of natural background concentrations and requires a land-use covenant where industrial standards are used to restrict residential use. Voluntary Remediation Program Guidance Manual, Section 4.4.

FAQs

Where can I find the complete list of current West Virginia’s 2026 De Minimis values?

Use Table 60-9 in the final 2026 rule. The table above contains selected contaminants only. Check the full table’s notes when applying values to a site. Final rule and Table 60-9.

Does the PFAS groundwater value apply to combined PFOA and PFOS?

No. Table 60-9 lists 0.004 µg/L separately for PFOA and PFOS. Compare each compound’s result with its own value. Final rule and Table 60-9.

What if a PFAS compound is missing from the table?

Its absence does not remove the need to assess it. WVDEP identifies available EPA Regional Screening Levels as an initial screening option for additional PFAS, followed by further risk assessment or remediation as appropriate. WVDEP response to comments, Response 3.

Can industrial soil standards be used for residential redevelopment?

Industrial standards assume industrial use. WVDEP guidance requires a land-use covenant restricting residential use where industrial standards are applied. Select standards that reflect the site’s current and reasonably anticipated future use. Voluntary Remediation Program Guidance Manual, Section 4.4.

How often are the standards reviewed?

The rule requires annual review and updates when necessary. Significant regulatory changes can also trigger updates; annual review does not necessarily mean the numerical values change every year. 60CSR9, Section 3.1.

Glossary

Term	Meaning
De minimis standard	A contaminant concentration considered to pose no substantial human-health risk under the applicable land-use and groundwater-use assumptions.
WVDEP	West Virginia Department of Environmental Protection.
VRP	Voluntary Remediation Program, West Virginia’s program for voluntary cleanup and redevelopment of contaminated properties.
PFAS	Per- and polyfluoroalkyl substances, a large group of chemicals that includes PFOA and PFOS.
PFOA	Perfluorooctanoic acid.
PFOS	Perfluorooctanesulfonic acid.
Exposure pathway	The route through which someone comes into contact with a contaminant, such as ingestion, skin contact, or inhalation.
Regional Screening Level (RSL)	An EPA risk-based concentration used to help screen contaminants for further evaluation.
Land-use covenant	A legal instrument that records restrictions or requirements for a property, such as limits on residential use.
mg/kg	Milligrams per kilogram, used here for soil concentrations.
µg/L and ng/L	Micrograms and nanograms per liter, used for water concentrations. One µg/L equals 1,000 ng/L.

Definitions reflect the terminology used in the final rule and VRP Guidance Manual.

Applying Updated Standards in ESdat

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Standards checked September 16, 2026.

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