NY State Senate Bill 2011-S4321

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 29, 2011	referred to environmental conservation

2011-S4321 (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-S4321 (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-S4321 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4321

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 1S-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.

2011-S4321 (ACTIVE) - Bill Text download pdf

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

                                  4321

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 29, 2011
                               ___________

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.
                                                           LBD06670-01-1

S. 4321                             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. 4321                             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 S4321

Sponsored By

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

Actions

2011-S4321 (ACTIVE) - Details

2011-S4321 (ACTIVE) - Summary

2011-S4321 (ACTIVE) - Sponsor Memo

2011-S4321 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

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

Actions

2011-S4321 (ACTIVE) - Details

2011-S4321 (ACTIVE) - Summary

2011-S4321 (ACTIVE) - Sponsor Memo

2011-S4321 (ACTIVE) - Bill Text download pdf

Comments