Enacts the "PFAS surface water discharge disclosure act"; requires publicly owned treatment works and people who discharge industrial waste to such treatment works to disclose the measurement of per- and polyfluoroalkyl chemicals found in any discharge into the state waterways.
STATE OF NEW YORK
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10689
IN ASSEMBLY
September 9, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Woerner) --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
enacting the "PFAS surface water discharge disclosure act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act may be known and may be cited as the
2 "PFAS surface water discharge disclosure act".
3 § 2. Legislative intent. PFAS (per- and polyfluoroalkyl chemicals) are
4 a class of persistent, bioaccumulative, and toxic chemicals. PFAS have
5 contaminated surface waters and groundwater in New York and across the
6 country. New York has led the nation by limiting two PFAS--perfluorooc-
7 tanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)--in drinking
8 water by setting a maximum contaminant level for these two chemicals.
9 However, no PFAS--not even PFOA or PFOS--are currently limited in
10 discharges to our surface waters. Further, those proposing to discharge
11 pollutants into New York's waterways are not even required to disclose
12 whether their existing or proposed discharges contain PFAS. The lack of
13 information about the suite of PFAS chemicals currently entering New
14 York's waterways serves as a barrier to developing regulations to
15 protect people and the environment from the harms of PFAS in our water-
16 ways. The modification of existing application requirements will ensure
17 all facilities currently discharging or proposing to discharge into
18 waters in New York disclose and monitor their discharge of PFAS.
19 § 3. The environmental conservation law is amended by adding a new
20 section 17-0833 to read as follows:
21 § 17-0833. PFAS in surface water discharge disclosure requirement.
22 1. As used in this section, the term "PFAS" shall mean perfluoroalkyl
23 and polyfluoroalkyl chemicals.
24 2. The department shall require all publicly owned treatment works
25 licensed pursuant to this title to disclose annually for the period of
26 their permit and every year thereafter upon renewal of such permit,
27 through quantitative and qualitative monitoring, the levels of PFAS
28 present in the discharge produced by such treatment works.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16177-02-2
A. 10689 2
1 3. (a) The department shall require any new SPDES permit applicant to
2 submit documentation on whether such applicant knows or has reason to
3 believe that any PFAS are or will be discharged from the outlet or point
4 source as indicated on the application into the surface waters or
5 groundwaters of the state.
6 (b) An applicant shall measure any PFAS in accordance with the
7 approved or drafted method for analyzing such PFAS pursuant to 40 CFR
8 Part 136 and report the quantitative data in their application to the
9 department. If a PFAS for which there is not an approved or drafted
10 method for analyzing such PFAS pursuant to 40 CFR Part 136 is expected
11 to be discharged, the applicant shall briefly describe the reasons the
12 PFAS is expected to be discharged in their application to the depart-
13 ment.
14 4. Each person discharging industrial waste to a publicly owned treat-
15 ment works shall identify any PFAS known or suspected in the industrial
16 waste to such treatment works.
17 5. The department shall make publically available all reported PFAS
18 testing data on the department's website.
19 § 4. This act shall take effect on the one hundred eightieth day after
20 it shall have become a law. Effective immediately, the addition, amend-
21 ment and/or repeal of any rule or regulation necessary for the implemen-
22 tation of this act on its effective date are authorized to be made and
23 completed on or before such effective date.
