Relates to regulation of PFAS as a toxic air pollutant; requires the department to ensure certain process operations use appropriate control technology for PFAS emissions; establishes a fence line monitoring program to monitor PFAS emissions in disadvantaged communities, to provide public reports, and related duties.
STATE OF NEW YORK
________________________________________________________________________
9518
IN ASSEMBLY
March 20, 2024
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to regu-
lation of PFAS as a toxic air pollutant
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and intent. Per- and polyfluorinated
2 substances (PFAS) are a class of persistent and highly toxic chemicals
3 responsible for a pollution crisis impacting communities across the
4 globe. Exposure to these chemicals is wide-ranging, from the water we
5 drink to the food we eat to the clothes we wear to the products we use
6 in the home. New York communities have been impacted through contam-
7 inated drinking water supplies, and much of the regulatory focus has
8 been on establishing drinking water quality standards for these chemi-
9 cals and prohibiting these substances in products, such as food packag-
10 ing, apparel, and firefighting foam. However, our biggest polluting
11 facilities, including incinerators, landfills, and manufacturing facili-
12 ties, are not required to address PFAS entering the environment through
13 air pathways. Communities, particularly those within the vicinity of a
14 polluting facility, may be experiencing additional and compounded expo-
15 sure to PFAS through air and soil as a result of unregulated air emis-
16 sions. These air emissions are also likely playing a role in surface
17 water contamination across the state.
18 § 2. The environmental conservation law is amended by adding a new
19 section 19-0333 to read as follows:
20 § 19-0333. PFAS as a toxic air pollutant.
21 1. Definitions. For the purposes of this section, the following terms
22 shall have the following meanings:
23 a. "Adjacent to" means within a radius of one mile.
24 b. "Disadvantaged community" shall have the same meaning as defined by
25 subdivision five of section 75-0101 of this chapter.
26 c. "Fence line" means the property boundary of a known, major, or
27 minor source.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13404-02-4
A. 9518 2
1 d. "High toxicity air contaminant" shall have the same meaning as
2 defined by the commissioner in 6 NYCRR 212-1.2, as amended, or any
3 successor rule or regulation.
4 e. "Impacted community" means a community that has been known or
5 suspected to be impacted by PFAS contamination through water, soil, or
6 other means.
7 f. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" shall
8 mean a class of fluorinated organic chemicals containing at least one
9 fully fluorinated carbon atom.
10 g. "Process operations" shall have the same meaning as defined by the
11 commissioner in 6 NYCRR 212-1.2, as amended, or any successor rule or
12 regulation.
13 2. Promulgation of PFAS as a high toxicity air contaminant.
14 a. Within ninety days of the effective date of this section, the
15 department shall promulgate rules and/or regulations defining PFAS as a
16 high toxicity air contaminant.
17 b. The department shall ensure that process operations not undergoing
18 permit modification or renewal on the effective date of this section are
19 assessed as to whether PFAS emissions are occurring to the outdoor
20 atmosphere. If such PFAS emissions are found to be occurring, the
21 department shall ensure such process operation is subject to appropriate
22 control technology.
23 c. The department may adopt any rules and regulations it deems neces-
24 sary to implement the provisions of this section.
25 3. Fence line monitoring. No later than six months after the effective
26 date of this section, the department shall establish a PFAS air emis-
27 sions fence line monitoring program. In developing such program, the
28 department shall:
29 a. Prioritize monitoring facilities located in disadvantaged and/or
30 impacted communities;
31 b. Consider the feasibility of monitoring for other toxic air pollu-
32 tants;
33 c. Include a notification system for the public, and publicly provide
34 quarterly reports summarizing the measurements;
35 d. Include any other measures the department deems necessary to devel-
36 op such a program.
37 § 3. This act shall take effect on the one hundred eightieth day after
38 it shall have become a law. Effective immediately, the addition, amend-
39 ment and/or repeal of any rule or regulation necessary for the implemen-
40 tation of this act on its effective date are authorized to be made and
41 completed on or before such effective date.
