S T A T E O F N E W Y O R K
________________________________________________________________________
227--B
Cal. No. 608
2023-2024 Regular Sessions
I N S E N A T E
(PREFILED)
January 4, 2023
___________
Introduced by Sens. MAY, COMRIE, HOYLMAN-SIGAL -- read twice and ordered
printed, and when printed to be committed to the Committee on Environ-
mental Conservation -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
enacting the "PFAS discharge disclosure act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "PFAS discharge disclosure act".
§ 2. Legislative intent. The legislature finds and declares the
following:
1. PFAS (per- and polyfluoroalkyl substances) are a class of persist-
ent, bioaccumulative, and toxic chemicals which have contaminated
surface waters and groundwater in New York and across the country.
2. New York has led the nation by limiting two PFAS--perfluorooctanoic
acid (PFOA) and perfluorooctane sulfonic acid (PFOS)--in drinking water
by setting a maximum contaminant level for these two chemicals. However,
there are currently no enforceable limits on PFAS discharges to our
waters. Further, those proposing to discharge pollutants into New York's
waterways are not even required to disclose whether their proposed
discharges contain PFAS. Publicly owned treatment works' (POTW) sewage
treatment technology, for example, is not designed to remove PFAS from
wastewater, meaning any PFAS introduced into a POTW by an industrial
source will pass through into the surface water.
3. The lack of information about the suite of PFAS chemicals currently
entering New York's waterways is a barrier to developing regulations to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00616-08-3
S. 227--B 2
protect people and the environment from the harms of PFAS in our water-
ways.
4. In December 2022, the US Environmental Protection Agency (EPA)
published guidance encouraging states to require facilities discharging
into New York's waters, as well as industrial sources discharging waste
into POTWs, to monitor for and disclose the presence of PFAS. Legis-
lation is necessary to align New York state law with EPA guidance and
ensure key facilities currently discharging or proposing to discharge
into waters in New York disclose and monitor their discharges for PFAS.
§ 3. The environmental conservation law is amended by adding a new
section 17-0833 to read as follows:
§ 17-0833. PFAS DISCHARGE DISCLOSURE REQUIREMENT.
1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES" OR "PFAS" MEANS A
CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING AT LEAST ONE FULLY
FLUORINATED CARBON ATOM.
(B) "COVERED PERMIT" MEANS ALL SPDES PERMITS EXCEPT SPDES PERMITS:
(I) ISSUED WITH RESPECT TO DISCHARGES BY LIVESTOCK OR POULTRY OPER-
ATIONS INCLUDING CONCENTRATED ANIMAL FEEDING OPERATIONS AND ALL OTHER
CONFINED ANIMAL FEEDING OPERATIONS, AQUATIC ANIMAL PRODUCTION FACILI-
TIES, AQUACULTURE PROJECTS, AND MUNICIPAL SEPARATE STORM SEWER SYSTEMS;
AND
(II) GENERAL PERMITS, PROVIDED, HOWEVER, THAT SUCH TERM SHALL INCLUDE
SPDES MULTI-SECTOR GENERAL PERMITS FOR STORMWATER DISCHARGES ASSOCIATED
WITH INDUSTRIAL ACTIVITY.
(C) "COVERED PERMITTEE" MEANS THE HOLDER OF A COVERED PERMIT.
(D) "DISCHARGE" MEANS THE ADDITION OF ANY POLLUTANT INTO THE WATERS OF
THE STATE.
(E) "INDUSTRIAL SOURCE" MEANS A SOURCE OF INDUSTRIAL WASTEWATER INTO A
POTW.
(F) "INDUSTRIAL WASTEWATER" MEANS A TYPE OF INDUSTRIAL WASTE AS
DEFINED BY SECTION 17-0105 OF THIS ARTICLE.
(G) "OUTFALL" MEANS OUTLET AS DEFINED BY SECTION 17-0105 OF THIS ARTI-
CLE.
(H) "POTW" MEANS ANY PUBLICLY OWNED OR OPERATED TREATMENT WORKS.
(I) "PUBLICLY OWNED OR OPERATED" MEANS OWNED OR OPERATED BY THE STATE,
A MUNICIPALITY, OR OTHER PUBLIC BODY (CREATED BY OR PURSUANT TO STATE
LAW) HAVING JURISDICTION OVER DISPOSAL OF SEWAGE, INDUSTRIAL WASTES,
STORM WATER, OR OTHER WASTES, INCLUDING A SEWER DISTRICT, FLOOD CONTROL
DISTRICT OR DRAINAGE DISTRICT, OR SIMILAR ENTITY, OR AN INDIAN TRIBE OR
AN AUTHORIZED INDIAN TRIBAL ORGANIZATION, OR A DESIGNATED AND APPROVED
MANAGEMENT AGENCY UNDER SECTION TWO HUNDRED EIGHT OF THE ACT, AS DEFINED
BY SECTION 17-0801 OF THIS TITLE, THAT DISCHARGES INTO WATERS.
2. ALL COVERED PERMITTEES SHALL MONITOR THEIR DISCHARGES FROM EACH
OUTFALL FOR PFAS QUARTERLY FOR ONE YEAR. COVERED PERMITTEES SHALL SUBMIT
THE RESULTS OF SUCH MONITORING QUARTERLY TO THE DEPARTMENT. COVERED
PERMITTEES SHALL SUBMIT THEIR FIRST MONITORING RESULTS WITHIN THIRTY
DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
3. THE DEPARTMENT SHALL REQUIRE THAT EVERY APPLICATION FOR A NEW
COVERED PERMIT SHALL INCLUDE A STATEMENT INDICATING WHETHER THE APPLI-
CANT KNOWS OR HAS REASON TO BELIEVE THAT ANY PFAS ARE DISCHARGED FROM
EACH OUTFALL.
4. ALL NEW COVERED PERMITS SHALL REQUIRE COVERED PERMITTEES TO MONITOR
DISCHARGES FROM EACH OUTFALL FOR PFAS AND SUBMIT THE RESULTS OF SUCH
MONITORING WITHIN NINETY DAYS OF THE COMMENCEMENT OF THE DISCHARGE.
S. 227--B 3
5. THE DEPARTMENT SHALL REQUIRE THAT EVERY COVERED PERMITTEE SEEKING
TO RENEW A COVERED PERMIT SHALL, AS PART OF ITS COMPLETE RENEWAL APPLI-
CATION, MONITOR DISCHARGES FROM EACH OUTFALL FOR PFAS AND SUBMIT THE
RESULTS OF SUCH MONITORING TO THE DEPARTMENT NOT LESS THAN ONE HUNDRED
EIGHTY DAYS PRIOR TO THE EXPIRATION OF THE EXISTING PERMIT. COVERED
PERMITTEES SEEKING TO RENEW A COVERED PERMIT WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS SECTION MAY USE MONITORING CONDUCTED IN COMPLI-
ANCE WITH SUBDIVISION TWO OF THIS SECTION TO COMPLY WITH THE REQUIRE-
MENTS OF THIS SUBDIVISION.
6. IF A COVERED PERMITTEE DETECTS PFAS OF ANY AMOUNT IN ITS DISCHARGE
FROM ANY OUTFALL, SUCH COVERED PERMITTEE SHALL CONTINUE TO MONITOR PFAS
FROM SUCH OUTFALL ON A QUARTERLY BASIS, FOR THE DURATION OF THE COVERED
PERMIT, INCLUDING ANY PERIOD AFTER THE EXPIRATION OF THE COVERED PERMIT
TERM WHEN THE COVERED PERMITTEE IS AUTHORIZED TO DISCHARGE. THE COVERED
PERMITTEE SHALL SUBMIT THE RESULTS OF SUCH MONITORING QUARTERLY TO THE
DEPARTMENT. THE DEPARTMENT MAY REDUCE REQUIRED MONITORING TO ANNUALLY
FOR ANY COVERED PERMITTEE WHO DETECTS PFAS WITHIN THE INITIAL YEAR OF
TESTING BUT SUBSEQUENTLY SUBMITS AT LEAST TWO CONSECUTIVE QUARTERS OF
TEST RESULTS WITH ALL ANALYZED PFAS AT NON-DETECT.
7. THE DEPARTMENT SHALL REQUIRE ANY NEW INDUSTRIAL SOURCE SEEKING TO
INTRODUCE POLLUTANTS INTO ANY POTW TO MONITOR FOR PFAS AND SUBMIT THE
RESULTS OF SUCH MONITORING TO THE POTW AND THE DEPARTMENT PRIOR TO
RECEIVING INITIAL APPROVAL TO INTRODUCE POLLUTANTS TO THE POTW.
8. EVERY INDUSTRIAL SOURCE INTRODUCING POLLUTANTS INTO ANY POTW SHALL
MONITOR FOR PFAS QUARTERLY FOR ONE YEAR. INDUSTRIAL SOURCES SHALL SUBMIT
THE RESULTS OF SUCH MONITORING QUARTERLY TO THE POTW AND THE DEPARTMENT.
INDUSTRIAL SOURCES SHALL SUBMIT THEIR FIRST MONITORING RESULTS WITHIN
THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
9. IF AN INDUSTRIAL SOURCE INTRODUCING POLLUTANTS INTO A POTW DETECTS
PFAS OF ANY AMOUNT, SUCH INDUSTRIAL SOURCE SHALL, ON A QUARTERLY BASIS,
MONITOR FOR PFAS AND SUBMIT THE RESULTS OF SUCH MONITORING QUARTERLY TO
THE POTW AND THE DEPARTMENT. THE DEPARTMENT MAY REDUCE REQUIRED MONI-
TORING TO ANNUALLY FOR ANY INDUSTRIAL SOURCE WHO DETECTS PFAS WITHIN THE
INITIAL YEAR OF TESTING BUT SUBSEQUENTLY SUBMITS AT LEAST TWO CONSEC-
UTIVE QUARTERS OF TEST RESULTS WITH ALL ANALYZED PFAS AT NON-DETECT.
10. ALL PFAS MONITORING SHALL BE CONDUCTED USING A PFAS TESTING METHOD
OR METHODS AUTHORIZED BY THE DEPARTMENT. THE DEPARTMENT SHALL IMMEDIATE-
LY AUTHORIZE THE USE OF EPA METHOD 1633. THE DEPARTMENT SHALL AUTHORIZE
ADDITIONAL METHODS THAT DETECT MORE PFAS AS THEY BECOME AVAILABLE AND
SHALL REQUIRE THAT THE METHOD THAT DETECTS THE LARGEST NUMBER OF PFAS
SHALL BE USED.
11. THE DEPARTMENT SHALL MAKE PUBLICLY AVAILABLE ON THE DEPARTMENT'S
WEBSITE ALL PFAS MONITORING RESULTS SUBMITTED TO THE DEPARTMENT. THE
WEBSITE SHALL BE UPDATED AT LEAST QUARTERLY WITH ALL NEW MONITORING
RESULTS RECEIVED.
§ 4. This act shall take effect one year after it shall have become a
law. Effective immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act on its
effective date are authorized to be made and completed on or before such
effective date.
