S T A T E O F N E W Y O R K
________________________________________________________________________
9525
I N S E N A T E
August 5, 2022
___________
Introduced by Sen. MAY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to
enacting the "PFAS surface water 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 may be known and may be cited as the
"PFAS surface water discharge disclosure act".
§ 2. Legislative intent. PFAS (per- and polyfluoroalkyl chemicals) are
a class of persistent, bioaccumulative, and toxic chemicals. PFAS have
contaminated surface waters and groundwater in New York and across the
country. New York has led the nation by limiting two PFAS--perfluorooc-
tanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS)--in drinking
water by setting a maximum contaminant level for these two chemicals.
However, no PFAS--not even PFOA or PFOS--are currently limited in
discharges to our surface waters. Further, those proposing to discharge
pollutants into New York's waterways are not even required to disclose
whether their existing or proposed discharges contain PFAS. The lack of
information about the suite of PFAS chemicals currently entering New
York's waterways serves as a barrier to developing regulations to
protect people and the environment from the harms of PFAS in our water-
ways. The modification of existing application requirements will ensure
all facilities currently discharging or proposing to discharge into
waters in New York disclose and monitor their discharge of PFAS.
§ 3. The environmental conservation law is amended by adding a new
section 17-0833 to read as follows:
§ 17-0833. PFAS IN SURFACE WATER DISCHARGE DISCLOSURE REQUIREMENT.
1. AS USED IN THIS SECTION, THE TERM "PFAS" SHALL MEAN PERFLUOROALKYL
AND POLYFLUOROALKYL CHEMICALS.
2. THE DEPARTMENT SHALL REQUIRE ALL PUBLICLY OWNED TREATMENT WORKS
LICENSED PURSUANT TO THIS TITLE TO DISCLOSE ANNUALLY FOR THE PERIOD OF
THEIR PERMIT AND EVERY YEAR THEREAFTER UPON RENEWAL OF SUCH PERMIT,
THROUGH QUANTITATIVE AND QUALITATIVE MONITORING, THE LEVELS OF PFAS
PRESENT IN THE DISCHARGE PRODUCED BY SUCH TREATMENT WORKS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16177-02-2
S. 9525 2
3. (A) THE DEPARTMENT SHALL REQUIRE ANY NEW SPDES PERMIT APPLICANT TO
SUBMIT DOCUMENTATION ON WHETHER SUCH APPLICANT KNOWS OR HAS REASON TO
BELIEVE THAT ANY PFAS ARE OR WILL BE DISCHARGED FROM THE OUTLET OR POINT
SOURCE AS INDICATED ON THE APPLICATION INTO THE SURFACE WATERS OR
GROUNDWATERS OF THE STATE.
(B) AN APPLICANT SHALL MEASURE ANY PFAS IN ACCORDANCE WITH THE
APPROVED OR DRAFTED METHOD FOR ANALYZING SUCH PFAS PURSUANT TO 40 CFR
PART 136 AND REPORT THE QUANTITATIVE DATA IN THEIR APPLICATION TO THE
DEPARTMENT. IF A PFAS FOR WHICH THERE IS NOT AN APPROVED OR DRAFTED
METHOD FOR ANALYZING SUCH PFAS PURSUANT TO 40 CFR PART 136 IS EXPECTED
TO BE DISCHARGED, THE APPLICANT SHALL BRIEFLY DESCRIBE THE REASONS THE
PFAS IS EXPECTED TO BE DISCHARGED IN THEIR APPLICATION TO THE DEPART-
MENT.
4. EACH PERSON DISCHARGING INDUSTRIAL WASTE TO A PUBLICLY OWNED TREAT-
MENT WORKS SHALL IDENTIFY ANY PFAS KNOWN OR SUSPECTED IN THE INDUSTRIAL
WASTE TO SUCH TREATMENT WORKS.
5. THE DEPARTMENT SHALL MAKE PUBLICALLY AVAILABLE ALL REPORTED PFAS
TESTING DATA ON THE DEPARTMENT'S WEBSITE.
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.