Senate Bill S2683

                                 BILL NUMBER:  S2683

 TITLE OF BILL :  An act to amend the public health law, in relation
to 1,4-Dioxane

 PURPOSE :

This bill directs the Department of Health to conduct a health review
of the chemical 1,4 Dioxane and establish a maximum contaminant level
for its presence in public water supplies that is protective of public
health.

 SUMMARY OF PROVISIONS :

Section one of the bill would amend the public health law to add a new
section 1100-B directing the commissioner of the department of health
to conduct a comprehensive health review of the chemical 1,4 -Dioxane
and establish a maximum contaminant level for the presence of 1,4
Dioxane in public supplies of potable water that is protective of
public health.  This section further directs the department of health
to complete this review as soon as practicable while adhering to
existing rulemaking procedures.

Section two establishes the effective date.

 JUSTIFICATION :
              

The discovery of prevalent 1,4 -Dioxane contamination in public water
supply wells on Long Island has many local residents on edge and local
water and health officials uncertain of a clear path forward.

The EPA and US Department of Health and Human Services have
established that 1,4-Dioxane is reasonably anticipated to be a human
carcinogen, mostly affecting the Liver and Kidneys. The Environmental
Protection Agency(EPA) characterizes 1,4 -Dioxane as a chemical
stabilizer used in a variety of chlorinated solvents, paint strippers,
dyes, greases, and waxes, as well as in antifreeze and aircraft
deicing compounds. Its presence as an industrial contaminant often
mirrors that of the solvents to which it is applied. 1,4 -Dioxane is
created as a by-product of a processing method of many commonly used
ingredients causing it to be found in certain consumer products such
as deodorants, detergents, shampoos, and cosmetics.

Currently, there is no national drinking water standard for the
chemical 1,4-Dioxane, leaving the standard in New York State at the
default level for Unregulated Contaminants of 50 micrograms per liter.
In 2014, the EPA identified 1,4-Dioxane as "likely to be carcinogenic
to humans" and set a health reference guideline for lifetime exposure
at a much lower .35 micrograms per liter. In practice, this EPA
guideline serves as a recommendation rather than an actionable
detection threshold. The EPA reportedly is investigating the
establishment of a specific drinking water standard for 1,4-Dioxane
while also assessing its risk in commercial uses under the Toxic
Substances Control Act, however, neither of these risk assessments is
expected to conclude in the near term.

In addition to EPA's lower 1,4 -Dioxane health reference guideline,
numerous states including New Jersey, Massachusetts, California,
Colorado, Connecticut, Maine and New Hampshire have established, on
their own authority, action levels, concentration guidelines or
notification and reporting standards well below New York's current
default standard of 50 micrograms per liter.

Many regions of the state -from Nassau County to the Town of Nassau in
Rensselaer County have encountered elevated levels of 1,4 Dioxane in
ground or drinking water supplies. It appears to be more prevalent on
Long Island than anywhere else in the state. Superfund sites such as
the former Northrop Grumman Navy Yard in Bethpage and the Dewey
Loeffel Landfill in East Nassau have been identified as major
point-sources of this contamination. The EPA recently singled out Long
Island in a 2016 survey as disproportionately afflicted by 1,4
-Dioxane contamination, discovering concerning concentrations of the
chemical in 71 percent of water supply systems, in comparison to 7
percent nationally, likely a vestige of Long Island's diverse
industrial past and the susceptibility of our sole source aquifer to
contamination

While the State has begun taking action to address 1,4 -Dioxane
contamination -recently working with the Suffolk County Water
Authority to institute a pilot filtration program -a thorough review
and risk assessment, as has been conducted in many similarly afflicted
states with similar industrial pasts, would provide guidance and
assurance to local water districts attempting to negotiate this
emerging contaminant in their community.

 LEGISLATIVE HISTORY :

This is a new bill.

 BUDGET IMPLICATIONS :

Minimal.

 EFFECTIVE DATE :
This act would take effect immediately.