BILL NUMBER: S4574B
SPONSOR: MAY
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
enacting the "PFAS discharge disclosure act"
 
PURPOSE:
The purpose of this bill is to identify the sources of a class of pollu-
tants known as per- and polyfluoroakyl chemicals, commonly referred to
as PFAS, in the waters of the state through the creation of a monitoring
protocol for certain industrial dischargers and for Publicly Owned
Treatment Works (POTWs).
 
SUMMARY OF PROVISIONS:
This bill would add a new section 17-0833 to the environmental conserva-
tion law to establish a PFAS discharge disclosure requirement for indus-
trial dischargers, industrial sources of wastewater, and Publicly Owned
Treatment Works (POTWs), as defined. All PFAS monitoring conducted
pursuant to the provisions of this bill shall include but not be limited
to the federal environmental protection agency's method 1633. The
department is authorized to include additional methods that offer great-
er detection or detection at lower levels of PFAS.
All new state pollutant discharge elimination system (SPDES) permits
issued to industrial dischargers or Publicly Owned Treatment Works
(POTWs) shall include quarterly PFAS monitoring, for one year, with
first results to be submitted to the department within 90 days of
commencement of discharge. if PFAS are detected, quarterly monitoring
and reporting shall continue for the duration of the permit term. Prior
to submittal of a permit renewal, all industrial dischargers and POTWs,
regardless of initial PFAS monitoring results, shall submit PFAS moni-
toring results to the department within 189 days of expiration of their
permit.
Existing permitted industrial dischargers or POTWs lawfully operating
under an expired or administratively renewed SPDES permit shall submit
PFAS monitoring results to the department within six months of effective
date of this bill and once every five years thereafter.
With regard to the introduction of industrial wastewater at POTWs, there
is established a requirement that any new source of this wastewater
submit PFAS monitoring results to both the POTW and the department prior
to receiving authorization to commence such wastewater introduction to
the POTW. Those with existing authorization to introduce industrial
wastewater to a POTW will conduct PFAS monitoring quarterly for one year
and submit results to the POTW and the department within ninety days of
the effective date of the bill.
Any and all reported PFAS monitoring results by industrial dischargers,
industrial sources, and POTWs, going back six years, in addition to the
results submitted pursuant to the requirements of this bill, would be
made publicly available on the department's website and updated at least
annually.
*Amendments to the bill are technical and would also make monitoring
results disclosure by DEC every six months on their website.
 
JUSTIFICATION:
The creation of a testing and reporting protocol for the discharge of
PEAS ( a class of per-and polyfluoroakyl chemicals) to our waters is
critical to the state's understanding of their sources and will inform
future policymaking regarding these "forever chemicals". The introduc-
tion of these toxic, bioaccumulating chemicals into surface waters,
drinking water supplies, and groundwater in New York has largely gone
unchecked and undetected for decades. In December 2022, the federal EPA
published guidance encouraging states to require permitted industries,
POTWS, and industrial sources sending waste to POTWs to monitor for and
disclose the presence of PEAS in wastewater discharged into waterways.
The treatment technology at POTWS is currently not designed to remove
PFAS from wastewater and therefore any PFAS introduced to the POTW by an
industrial source passes through to the waters of the state.
PFAS are commonly used in the industrial production of plastics and are
ubiquitous enough to be found in food, clothing, personal care products,
and soils, as well as water. They accumulate in our bodies and can
disrupt fertility, child development, immune systems and hormonal activ-
ity; yet there is currently no limited discharge level of them to
surface waters. Further, those proposing to discharge pollutants into
our waterways are not even required to disclose whether their existing
or proposed discharges contain PEAS. The lack of information about PFAS
chemicals entering our waterways is a serious barrier to protecting our
residents and the environment.
 
LEGISLATIVE HISTORY:
2024: S2278 (MAY) REF TO ENCON/ A3296A (Kelles) ref to encon
2023: S227-A (MAY) PASSED SENATE/ A3296-A (Kelles) Ref to Encon
2022: S.9525 (MAY) REF TO RULES
 
FISCAL IMPLICATIONS:
None to the state
 
EFFECTIVE DATE:
One year after enactment, with immediate authority to the department to
add or amend any rules and regulations necessary for implementation.
httpsdinyalts.state.ny.ushlysiblel/nev:gate