NY State Senate Bill 2009-S4350

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Apr 22, 2009	referred to environmental conservation

2009-S4350 (ACTIVE) - Details

See Assembly Version of this Bill:: A708
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-0830, En Con L
Versions Introduced in 2011-2012 Legislative Session:: S4321, S6389, A5849

2009-S4350 (ACTIVE) - Summary

Enacts the "chlorine zero discharge act"; prohibits the discharge of chlorine compounds into the navigable waters of the state by pulp and paper manufacturing concerns after 4 years; directs commissioner of environmental conservation to evaluate alternatives to use of organochlorines and to report to the governor and legislature.

2009-S4350 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4350

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
eliminating certain discharges of chlorine compounds into state
waters, and for other purposes


 PURPOSE OR GENERAL IDEA OF BILL :
To prohibit the discharge of chlorine into state waters and phase out
the use of chlorine in the paper and pulp industry. The bill is known
as the "chlorine zero discharge act of 1995."

 SUMMARY OF SPECIFIC PROVISIONS :
This bill would phase out the use of chlorine as a bleaching agent in
the pulp and paper industry within four years. It would eliminate the
discharge of chlorine and its compounds in waste water within eighteen
months after the effective date of this act, the department would
begin to provide technical assistance to mills regarding safe
alternatives. Additionally, the department shall report to the
governor and the legislature on sources and industrial discharges of
organochlorine compounds and their byproducts and metabolites into
water. The report shall contain recommendations for achieving a zero
discharge policy for important categories of organochlorine pollution
sources. In order to develop such recommendations, the commissioner
shall convene an advisory panel consisting of experts in the fields of

public health, occupational health, technology change, toxic use
reduction and ecology as well as representatives from industry, labor,
public interest and environmental groups.

 EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
The environmental conservation law is amended by adding a new section
17-0830.

 JUSTIFICATION :
Dioxin is one of more than 1,000 organochlorines-toxic chemical
byproducts-produced as a result of the use of chlorine in the pulp and
paper industry. Chlorine bleaching of paper is the second largest use
of chlorine. Additionally, the EPA has identified the use of chlorine
and chlorine-based bleaches in the pulp and paper industry as the
largest source of dioxin discharge directly into waterways and one of
the largest dioxin-producing sectors overall.  The average pulp mill
releases 35 tons of toxic organochlorines each day. Large quantities
of dioxin are also released into the air, into paper products, and
into the land when contaminated sludge is disposed.  Dioxin is the
most toxic manmade chemical. This fat-soluble chemical persists and
bioaccumulates in the environment. Minute quantities of dioxin and its
sister compounds build up exponentially as they move up the food chain
reaching their greatest levels in the tissues of species high on the
food chain, including humans. The EPA recently concluded in its
reassessment that dioxin is even more harmful to humans in even
smaller concentrations than previously thought. Furthermore, the
report claims that most adults and children already have levels of
dioxin in their bodies at or near concentrations that cause prenatal
and immune system problems in lab animals. Research conducted by
scientists is now showing that organochlorines may act like estrogen
in the human body, causing developmental and sexual disorders and
breast, skin, prostate, testicular and lung cancers. These findings
are even more troubling because they affect those most vulnerable -
our children. Children who may become exposed to these dangerous
chemicals through the placenta and breast milk at critical stages of
development can be irreversibly affected.  The most favored method of
preventing the continued contamination of the environment from these
persistent toxic substances is to phase out their production and/or
use over time and replace these chemicals or the processes that
produce them with safer alternatives. The American Public Health
Association in 1993 and the International Joint Commission on the
Great Lakes Water Quality in 1992 and 1994 recommended phasing out
chlorine and chlorine compounds in manufacturing processes to reduce
or eliminate health risks.  Furthermore, in 1992 and 1993, the
15-nation Paris Convention on the Northeast Atlantic and the 21-nation
Barcelona Convention on the Mediterranean Sea agreed that the
discharge of persistent, bioaccumulative toxic substances-particularly
organochlorines and dioxin must be brought to zero on rapid timelines.
There are several alternatives to the use of chlorine as a bleaching
agent which are far less polluting and which do not have the same
adverse effects. Industries in Europe and some plants in the U.S.
including Lyons Falls in New York are already using these
technologies.  These alternatives, including oxygen and hydrogen
peroxide pre-bleaching and oxygen based bleaching including oxygen,
ozone and hydrogen peroxide, produce high quality paper without
generating dioxin and other toxic chemicals. The oxygen-based
alternatives, in addition to being nontoxic, also require less energy
and water. Thus, the technology exists today to allow for the phasing
out of a significant source of dioxin.

 EFFECTIVE DATE :
Immediately.

2009-S4350 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4350

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to elim-
  inating certain discharges of chlorine compounds  into  state  waters,
  and for other purposes

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act may be cited as  the  "chlorine  zero
discharge act".
  S 2. Legislative intent. The legislature finds that:
  1.  toxic substances that persist or bioaccumulate in the environment,
build to higher and  higher  concentration  over  time,  reaching  their
greatest  levels  in  the  tissues  of  species  high on the food chain,
including humans;
  2. toxic substances that persist or bioaccumulate in  the  environment
are  biologically  active in infinitesimal quantities, causing reproduc-
tive  failure,  birth  defects,   developmental   impairment,   hormonal
disruption,  behavioral  disorders, immune suppression and cancer at low
doses, and mixtures of these substances may cause these effects at  even
lower doses;
  3.  regulatory  approaches  that  permit  even  limited production and
discharge of toxic substances that persist or  bioaccumulate  result  in
the  accumulation  of these substances in the environment and food chain
over time and subsequent damage  to  the  health  of  humans  and  other
species;
  4.  the  most favored method of preventing the continued contamination
of the environment from persistent or bioaccumulative  toxic  substances
is  to  phase  out  their  production or use over time and replace these
substances or the processes that  produce  them,  or  both,  with  safer
alternatives;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01772-01-9

S. 4350                             2

  5.  among the persistent or bioaccumulative toxic substances of great-
est concern are organochlorines discharged in the production of pulp and
paper as a result of the  use  of  chlorine  or  any  other  chlorinated
oxidizing agents in the pulp and paper manufacturing process;
  6.  the  Great Lakes Water Quality Agreement between the United States
and Canada concludes that the discharge of  toxic  substances  in  toxic
amounts  be  prohibited and the discharge of any or all persistent toxic
substances be virtually eliminated; and
  7. in the Sixth Biennial Report on  Great  Lakes  Water  Quality,  the
International  Joint  Commission  on Great Lakes Water Quality concluded
that the concepts of virtual elimination and zero discharge are consist-
ent and a clear statement or direction to take  to  achieve  the  Agree-
ment's  purpose.  The overall strategy or aim regarding persistent toxic
substances is virtual elimination, and the tactic or method to  be  used
to  achieve  the  aim  is  through  zero  input  or  discharge  of those
substances created as a result of human activity.
  S 3. The environmental conservation law is amended  by  adding  a  new
section 17-0830 to read as follows:
S  17-0830.  DISCHARGE OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS, OR META-
             BOLITES.
  1. (A) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS  SECTION,
EACH  PULP AND PAPER MANUFACTURING FACILITY SHALL ACHIEVE ZERO DISCHARGE
INTO WATER OF ORGANOCHLORINE COMPOUNDS, BYPRODUCTS OR METABOLITES FORMU-
LATED AS A RESULT OF THE  USE  OF  CHLORINE  OR  ANY  OTHER  CHLORINATED
OXIDIZING AGENT IN THE PULP AND PAPER MANUFACTURING PROCESS.
  (B) EFFECTIVE FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL
EXISTING  AND  NEW  PERMITS  UNDER THIS CHAPTER FOR PAPER AND PULP MILLS
WHICH USE CHLORINE  OR  ANY  OTHER  CHLORINATED  OXIDIZING  AGENT  SHALL
REQUIRE  COMPLIANCE  WITH  THE  ZERO  DISCHARGE REQUIREMENT SET FORTH IN
PARAGRAPH (A) OF THIS SUBDIVISION.
  2. WITHIN ONE YEAR AFTER THE  EFFECTIVE  DATE  OF  THIS  SECTION,  THE
COMMISSIONER  SHALL  EVALUATE ALTERNATIVES TO THE USE OF ORGANOCHLORINES
IN THE MANUFACTURING OF PULP AND PAPER, AND SHALL PUBLISH  A  REPORT  ON
THE  TRANSFER  OF TECHNOLOGY IN THE PULP AND PAPER INDUSTRY FROM ORGANO-
CHLORINE  TO  CHLORINE-FREE  TECHNOLOGY  AS  A   MODEL   FOR   POLLUTION
PREVENTION.  WITHIN  EIGHTEEN  MONTHS  AFTER  THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT SHALL BEGIN PROVIDING TECHNICAL INFORMATION  AND
SUPPORT  TO ASSIST PERMIT APPLICANTS IN THE USE OF ALTERNATIVES TO ORGA-
NOCHLORINE COMPOUNDS IN THE PRODUCTION OF PULP AND PAPER.
  3. WITHIN EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
THE  COMMISSIONER SHALL COMPLETE A REPORT TO THE GOVERNOR AND THE LEGIS-
LATURE ON NOT READILY IDENTIFIED SOURCES AND  INDUSTRIAL  DISCHARGES  OF
ORGANOCHLORINE  COMPOUNDS  AND  THEIR  BYPRODUCTS  AND  METABOLITES INTO
WATER. THE REPORT SHALL INCLUDE A LISTING OF ALL TYPES OR CATEGORIES  OF
NONPOINT SOURCES AND INDUSTRIAL ORGANOCHLORINE DISCHARGES INTO WATER AND
THEIR  BYPRODUCTS AND METABOLITES. THE REPORT SHALL ALSO INCLUDE A LIST-
ING OF THE ANNUAL QUANTITIES OF EACH ORGANOCHLORINE COMPOUND  DISCHARGED
INTO  WATER STATEWIDE AND BY PERMITTED FACILITY, TOGETHER WITH A LIST OF
EACH PERMITTED FACILITY'S LOCATION AND QUANTITIES  OF  COMBINED  ORGANO-
CHLORINE  COMPOUND  DISCHARGES  INTO  WATER.    THE REPORT SHALL CONTAIN
RECOMMENDATIONS FOR ACHIEVING A  ZERO  DISCHARGE  POLICY  FOR  IMPORTANT
CATEGORIES OF ORGANOCHLORINE POLLUTION SOURCES. IN ORDER TO DEVELOP SUCH
RECOMMENDATIONS,  THE  COMMISSIONER SHALL CONVENE AN ADVISORY PANEL. THE
ADVISORY PANEL SHALL CONDUCT PUBLIC  HEARINGS  AND  SOLICIT  PUBLIC  AND
EXPERT COMMENT. THE PANEL SHALL CONSIST OF FIFTEEN MEMBERS, INCLUDING AT
LEAST  ONE  INDEPENDENT  EXPERT  IN EACH OF THE FIELDS OF PUBLIC HEALTH,

S. 4350                             3

OCCUPATIONAL HEALTH, TECHNOLOGY CHANGE, TOXICS USE REDUCTION, AND ECOLO-
GY, TWO AFFECTED CITIZENS, AND TECHNICAL AND POLICY EXPERTS FROM  INDUS-
TRY, LABOR, PUBLIC INTEREST AND ENVIRONMENTAL GROUPS.  MEMBERS SHALL NOT
BE  EMPLOYEES  OF  THE  DEPARTMENT. MEMBERS SHALL NOT BE ENTITLED TO ANY
COMPENSATION BUT SHALL BE REIMBURSED  FOR  THEIR  ACTUAL  AND  NECESSARY
EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  4.  FOR  THE PURPOSES OF THIS SECTION, THE TERM "ZERO DISCHARGE" MEANS
ABSOLUTELY NO OUTPUT OR RELEASE, INCLUDING  NONPOINT  SOURCE  OUTPUT  OR
RELEASE, INTO WATER. THE TERM "ZERO DISCHARGE" DOES NOT MEAN A LESS THAN
DETECTABLE OUTPUT OR RELEASE.
  S 4. This act shall take effect immediately.

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Senate Bill S4350

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S4350 (ACTIVE) - Details

2009-S4350 (ACTIVE) - Summary

2009-S4350 (ACTIVE) - Sponsor Memo

2009-S4350 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4350

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

2009-S4350 (ACTIVE) - Details

2009-S4350 (ACTIVE) - Summary

2009-S4350 (ACTIVE) - Sponsor Memo

2009-S4350 (ACTIVE) - Bill Text download pdf

Comments