S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9518
 
                           I N  A S S E M B L Y
 
                              March 20, 2024
                                ___________
 
 Introduced  by  M. of A. FAHY -- read once and referred to the Committee
   on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to regu-
   lation of PFAS as a toxic air pollutant
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Legislative findings and intent. Per- and polyfluorinated
 substances (PFAS) are a class of persistent and highly  toxic  chemicals
 responsible  for  a  pollution  crisis  impacting communities across the
 globe. Exposure to these chemicals is wide-ranging, from  the  water  we
 drink  to  the food we eat to the clothes we wear to the products we use
 in the home. New York communities have  been  impacted  through  contam-
 inated  drinking  water  supplies,  and much of the regulatory focus has
 been on establishing drinking water quality standards for  these  chemi-
 cals  and prohibiting these substances in products, such as food packag-
 ing, apparel, and firefighting  foam.  However,  our  biggest  polluting
 facilities, including incinerators, landfills, and manufacturing facili-
 ties,  are not required to address PFAS entering the environment through
 air pathways. Communities, particularly those within the vicinity  of  a
 polluting  facility, may be experiencing additional and compounded expo-
 sure to PFAS through air and soil as a result of unregulated  air  emis-
 sions.  These  air  emissions  are also likely playing a role in surface
 water contamination across the state.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 19-0333 to read as follows:
 § 19-0333. PFAS AS A TOXIC AIR POLLUTANT.
   1.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   A. "ADJACENT TO" MEANS WITHIN A RADIUS OF ONE MILE.
   B. "DISADVANTAGED COMMUNITY" SHALL HAVE THE SAME MEANING AS DEFINED BY
 SUBDIVISION FIVE OF SECTION 75-0101 OF THIS CHAPTER.
   C. "FENCE LINE" MEANS THE PROPERTY BOUNDARY  OF  A  KNOWN,  MAJOR,  OR
 MINOR SOURCE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13404-02-4
              

 A. 9518                             2
 
   D.  "HIGH  TOXICITY  AIR  CONTAMINANT"  SHALL HAVE THE SAME MEANING AS
 DEFINED BY THE COMMISSIONER IN 6  NYCRR  212-1.2,  AS  AMENDED,  OR  ANY
 SUCCESSOR RULE OR REGULATION.
   E.  "IMPACTED  COMMUNITY"  MEANS  A  COMMUNITY  THAT HAS BEEN KNOWN OR
 SUSPECTED TO BE IMPACTED BY PFAS CONTAMINATION THROUGH WATER,  SOIL,  OR
 OTHER MEANS.
   F.  "PERFLUOROALKYL  AND  POLYFLUOROALKYL  SUBSTANCES" OR "PFAS" SHALL
 MEAN A CLASS OF FLUORINATED ORGANIC CHEMICALS CONTAINING  AT  LEAST  ONE
 FULLY FLUORINATED CARBON ATOM.
   G.  "PROCESS OPERATIONS" SHALL HAVE THE SAME MEANING AS DEFINED BY THE
 COMMISSIONER IN 6 NYCRR 212-1.2, AS AMENDED, OR ANY  SUCCESSOR  RULE  OR
 REGULATION.
   2. PROMULGATION OF PFAS AS A HIGH TOXICITY AIR CONTAMINANT.
   A.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT SHALL PROMULGATE RULES AND/OR REGULATIONS DEFINING PFAS AS  A
 HIGH TOXICITY AIR CONTAMINANT.
   B.  THE DEPARTMENT SHALL ENSURE THAT PROCESS OPERATIONS NOT UNDERGOING
 PERMIT MODIFICATION OR RENEWAL ON THE EFFECTIVE DATE OF THIS SECTION ARE
 ASSESSED AS TO WHETHER PFAS  EMISSIONS  ARE  OCCURRING  TO  THE  OUTDOOR
 ATMOSPHERE.  IF  SUCH  PFAS  EMISSIONS  ARE  FOUND  TO BE OCCURRING, THE
 DEPARTMENT SHALL ENSURE SUCH PROCESS OPERATION IS SUBJECT TO APPROPRIATE
 CONTROL TECHNOLOGY.
   C. THE DEPARTMENT MAY ADOPT ANY RULES AND REGULATIONS IT DEEMS  NECES-
 SARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   3. FENCE LINE MONITORING. NO LATER THAN SIX MONTHS AFTER THE EFFECTIVE
 DATE  OF  THIS  SECTION, THE DEPARTMENT SHALL ESTABLISH A PFAS AIR EMIS-
 SIONS FENCE LINE MONITORING PROGRAM. IN  DEVELOPING  SUCH  PROGRAM,  THE
 DEPARTMENT SHALL:
   A.  PRIORITIZE  MONITORING  FACILITIES LOCATED IN DISADVANTAGED AND/OR
 IMPACTED COMMUNITIES;
   B. CONSIDER THE FEASIBILITY OF MONITORING FOR OTHER TOXIC  AIR  POLLU-
 TANTS;
   C.  INCLUDE A NOTIFICATION SYSTEM FOR THE PUBLIC, AND PUBLICLY PROVIDE
 QUARTERLY REPORTS SUMMARIZING THE MEASUREMENTS;
   D. INCLUDE ANY OTHER MEASURES THE DEPARTMENT DEEMS NECESSARY TO DEVEL-
 OP SUCH A PROGRAM.
   § 3. 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.