BILL NUMBER: S7880

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the incineration of aqueous film-forming foam and associated
perfluorocarbon components

 
PURPOSE OF GENERAL IDEA OF BILL:

This bill prohibits the incineration of firefighting foam in New York
State.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation Law to add a new section
27-0927 to prohibit the incineration of aqueous film-forming foam
containing perfluorocarbon components.

Section 2: Sets forth the effective date.
              

 
JUSTIFICATION:

In Cohoes, New York, the U.S. Department of Defense (DOD) entered into a
contract with a local facility to incinerate firefighting foam contain-
ing PFAS. The activity commenced at the Norlite facility in 2019 without
clear guidance regarding safety from the Environmental Protection Agency
(EPA). The EPA had released a technical brief in July 2019 that stated
the following "Determining the appropriate method for ultimate disposal
of PFAS wastes is a complex issue due to their volatility, solubility,
and environmental mobility and persistence...PEAS compounds are diffi-
cult to break down due to fluorine's electronegativity and the chemical
stability of fluorinated compounds. Incomplete destruction of PFAS
compounds can result in the formation of smaller PFAS products, or
products of incomplete combustion (PICs), which may not have been
researched and thus could be a potential chemical of concern...The
effectiveness of incineration to destroy PFAS compounds and the tendency
for formation of fluorinated or mixed halogenated organic byproducts is
not well understood."  https://www.epa.gov/chemical-research/technical-
brief-andpolyfluoroalkyl -substances-pfas-incineration-manage-pfas-waste

In February 2020, a federal lawsuit was brought against the DOD due to
concerns raised regarding the safety and potential impacts of incinerat-
ing PFAS chemicals.

The New York State Department of Environmental Conservation began an
investigation after the lawsuit was commenced to determine whether the
actions are a threat to public health or safety.

To ensure that the public health and safety is protected, the bill seeks
to suspend the incineration of firefighting foam that contains PFAS
chemicals.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect immediately

                                
 
BILL NUMBER: S7880A

SPONSOR: BRESLIN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the incineration of aqueous film-forming foam containing
perfluoroalkyl and polyfluoroalkyl substances


 
PURPOSE OF GENERAL IDEA OF BILL:

This bill prohibits the incineration of firefighting foam in New York
State.

 
SUMMARY OF PROVISIONS:

Section 1 amends the Environmental Conservation Law to add a new section
27-0927 to prohibit the incineration of aqueous film-forming foam
containing perfluorocarbon components.

              

Section 2: Sets forth the effective date.

 
JUSTIFICATION:

In Cohoes, New York, the U.S. Department of Defense (DOD) entered into a
contract with a local facility to incinerate firefighting foam contain-
ing PFAS. The activity commenced at the Norlite facility in 2019 without
clear guidance regarding safety from the Environmental Protection Agency
(EPA). The EPA had released a technical brief in July 2019 that stated
the following "Determining the appropriate method for ultimate disposal
of PFAS wastes is a complex issue due to their volatility, solubility,
and environmental mobility and persistence...  PEAS compounds are diffi-
cult to break down due to fluorine's electronegativity and the chemical
stability of fluorinated compounds.  Incomplete destruction of PFAS
compounds can result in the formation of smaller PFAS products, or
products of incomplete combustion (PICs), which may not have been
researched and thus could be a potential chemical of concern...The
effectiveness of incineration to destroy PFAS compounds and the tendency
for formation of fluorinated or mixed halogenated organic byproducts is
not well understood."  https://www.epa.gov/chemical-
research/technicalbrief-andpolyfluoroalkyl- substances-pfas-incinera-
tion-manage-pfas-waste In February 2020, a federal lawsuit was brought
against the DOD due to concerns raised regarding the safety and poten-
tial impacts of incinerating PFAS chemicals.  The New York State Depart-
ment of Environmental Conservation began an investigation after the
lawsuit was commenced to determine whether the actions are a threat to
public health or safety.  To ensure that the public health and safety is
protected, the bill seeks to suspend the incineration of firefighting
foam that contains PFAS chemicals.

 
LEGISLATIVE HISTORY:

New bill

 
EFFECTIVE DATE:
This act shall take effect immediately