NY State Senate Bill 2011-S6389

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
Feb 02, 2012	referred to environmental conservation

2011-S6389 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §17-0830, En Con L
Versions Introduced in 2009-2010 Legislative Session:: S4350

2011-S6389 (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.

2011-S6389 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6389

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 amended the environmental conservation law by adding a
new section 17-0830 which 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.

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 IS-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.

FISCAL IMPLICATIONS:
To be determined.

LEGISLATIVE HISTORY:
None.

EFFECTIVE DATE:
Immediately.

2011-S6389 (ACTIVE) - Bill Text download pdf

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

                                  6389

                            I N  S E N A T E

                            February 2, 2012
                               ___________

Introduced by Sen. ESPAILLAT -- 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;
  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;

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

                                                           LBD06670-01-1

S. 6389                             2

  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,
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

S. 6389                             3

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 S6389

Sponsored By

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

2011-S6389 (ACTIVE) - Details

2011-S6389 (ACTIVE) - Summary

2011-S6389 (ACTIVE) - Sponsor Memo

2011-S6389 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6389

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Sponsored By

Adriano Espaillat

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

2011-S6389 (ACTIVE) - Details

2011-S6389 (ACTIVE) - Summary

2011-S6389 (ACTIVE) - Sponsor Memo

2011-S6389 (ACTIVE) - Bill Text download pdf

Comments