March 2024 - MABA Reg/Leg Update
National
Senate EPW
The U.S. Senate Committee on Environment & Public Works will hold a hearing on March 20 at 10 a.m. ET titled "Examining PFAS as Hazardous Substances". View information about the hearing, including the panelists HERE, and view the hearing by visiting the Senate EPW YouTube live stream by clicking HERE.
MABA, along with over 50 other organizations submitted a letter to the Senate EPW to encourage their consideration of an exemption from CERCLA liability for passive PFAS receivers. You can view and download that letter by clicking HERE.
US EPA
On January 31, 2024, the USEPA released an updated version of Method 1633, which outlines how to test for PFAS in various sources such as surface water, groundwater, wastewater, biosolids, sediment, soils, and fish tissue. Additionally, an updated version of Method 1621, covering adsorbable fluorine, was also posted. Method 1633 has been updated after the successful completion of a multi-lab validation under the leadership of the Department of Defense. These updates signify that the methods are now finalized and the USEPA encourages their use, although revisions may still occur during the rulemaking process.
More information is available by clicking HERE.
Pennsylvania
In November 2023, Pennsylvania Representative Jim Rigby introduced Pennsylvania’s House Resolution 257 – concerning proposed General Permits 07, 08 and 09 regarding the management of biosolids. This resolution urges the Pennsylvania Department of Environmental Protection, as a result of the findings of the Legislative Budget and Finance Committee's report, not to implement the proposed revisions.
Representative Rigby wrote in his house co-sponsorship memoranda, "This resolution directly follows the direction in the Legislative Budget and Finance Committee’s recently released study commissioned by HR149. As LBFC summarized: 'Permit changes may create unintended consequences for biosolids management, which could result in higher fees for ratepayers. I am concerned about these higher fees impacting sewage rate payers in Pennsylvania.
While the LBFC report provided estimates for the direct costs related to permit changes, they also identified several indirect costs that could follow compliance with DEP’s proposed permit revisions. Although the cost of these unintended consequences will be site-specific these costs undoubtedly will be passed along to local ratepayers in the form of increased fees.' Ultimately these additional fees will have a disproportionate impact on families that are least able to pay increased sewage rates."
MABA encourages you to read this memoranda and house resolution, and consider reaching out to your legislators to ask them to support this resolution. You can find your legislators by clicking HERE.
Maryland
In December 2023, the Maryland Department of the Environment released the Maryland PFAS Action Plan. The update indicated that MDE has issued 14 NPDES permits with specific PFAS monitoring requirements for influent, effluent and biosolids. The Department’s report also stated that the biosolids testing was completed in the third quarter 2023 and a decision would be made by the end of 2023. However, to date, it is our understanding that MDE has not reached a decision on issuing any permits.
The MABA Reg/Leg Committee sent a letter to the Maryland Department of the Environment in February 2024 to request that MDE provide MABA with testing data findings and what approach MDE will be taking moving forward with respect to ending the moratorium and moving forward on the issuance of permits that we understand MDE has processed but not issued.
You can view and download this letter by clicking HERE.
Virginia
HB 870 from Del. David Bulova, D-Fairfax, would require the Virginia State Water Control Board to adopt regulations to address situations when wastewater treatment plant storage capacity is exceeded due to adverse weather conditions, resulting in the flow of biosolids — or sewage sludge — into state waters.
Bulova told the House last month these sewage overflow events are expected to occur more frequently because of the increased frequency, intensity and duration of storm events being driven by climate change.
Representing the Virginia Biosolids Council, Kyle Shreve said biosolids, a byproduct of sewage treated at wastewater plants, are often used as fertilizer on farm fields. However, he said biosolids can’t be used during periods of heavy rainfall and can begin to build up in storage facilities and potentially create water quality issues if they get in state waters.
The issue started gaining attention in 2018, when Virginia had its highest level of precipitation since 1895, according to data from the National Centers for Environmental Information. A series of intense storms hit the commonwealth the following year, flooding neighborhoods and overwhelming infrastructure.
During that time period, Shreve said there were multiple storage challenges that the wastewater facilities were unable to deal with under current regulations, which offer different temporary solutions depending on the facility.
Shreve said the bill asks the Department of Environmental Quality to update the existing biosolids regulations so plans can be preapproved in the event severe weather prevents land application of biosolids in the future.
The legislation passed the House and Senate unanimously.
New Jersey
On January 17, 2023, the Commissioner signed Administrative Order 2023-01 to encourage the collection of data that will aid in efforts to identify, reduce and eliminate sources of PFAS in wastewater and its residuals.
The Division of Water Quality is undertaking an effort to identify, reduce and eliminate sources of PFAS in industrial wastewater. As part of the effort to identify PFAS at the source, the Division began their strategy by focusing on the direct industrial dischargers to surface water (Category B permits) and industrial dischargers to a POTW (Category L permits), along with working with Delegated Local Agencies to begin identifying, reducing and eliminating sources of PFAS discharged into their systems. The Division created and issued a survey to permittees to gather information regarding potential sources of PFAS and operational processes. The Division also issued a Request for Information to gather wastewater sampling data from the surveyed permittees. This data will aid the Division in understanding the scope of PFAS in wastewater discharges.
For additional information regarding PFAS monitoring in the NJDEP surface water division click HERE.
The New Jersey Department of Environmental Protection (Department) has officially adopted amendments to the Ground Water Quality Standards, N.J.A.C. 7:9C (GWQS) and the New Jersey Pollutant Discharge Elimination System Regulations, N.J.A.C. 7:14A (NJPDES) to address perfluoroalkyl and polyfluoroalkyl substances (PFAS) in discharges to ground water.
In response to the adopted amendments, the Division of Water Quality began modifying NJPDES DGW permits to include monitoring for PFOA, PFNA and PFOS.
The Ground Water Application Checklist and the Technical Manual for NJPDES DGW Permits have been updated to specify the requirement for PFAS monitoring as part of the Pollutant Analysis Summary in DGW permit applications.
Monitoring results for the NJPDES DGW permitted facilities that have been modified to include a requirement to monitor for PFOA, PFNA and PFOS can be viewed utilizing DEP DataMiner. To obtain this data, Search by Category, NJPDES Permitting Program.
For additional information regarding PFAS monitoring in the NJDEP ground water division click HERE.
New York
The New York State Department of Conservation (NYSDEC) adopted the Materials Management Program Policy 7 - Biosolids Recycling in New York State - Interim Strategy for the Control of PFAS Compounds (DMM7), as well as the Parts 360-366, 369, 371, and 377. These were adopted on September 20, 2023, and became effective October 20, 2023.
The NYS DEC is in the process of sampling and analyses in coordination with SUNY at this time.
Additionally, you can review the information from the October 16, 2023 webinar about the NYSDEC DMM-7 Policy.
You can watch the webinar on MABA's YouTube & subscribe today, and download the presentation and Q&A below:
Presentation: NYSDEC MABA Webinar Presentation - DMM Program Policy 7
Sally Rowland, PhD, PE, Environmental Engineer 3, NYS Department of Environmental Conservation
Additionally, you can download the questions/answers shared during the webinar by clicking HERE. And you can review the list of industries (and SIC codes) as potential primary sources of PFOA/PFOS, by clicking HERE, and referencing Appendix A.
Delaware
In Delaware, various wastewater streams (domestic, industrial and municipal) are treated and discharged into surface water bodies (NPDES discharges) as well as onto the ground surface, where it infiltrates the soil and ultimately enters groundwater (on-site wastewater discharges). Biosolids are land applied at numerous sites across the state.
DNREC’s Water Resource Protection team has started a statewide study of PFAS in wastewater.
Biosolids were selected to be examined first under a Biosolids Project Design and Sampling Plan. In December 2022, samples of biosolids (before being land applied), soils (from a selected land application site) and groundwater (from the monitoring wells installed at the selected site) were collected.
A Project Design and Sampling Plan for wastewater influent, effluent and discharge receival media (soil and groundwater) has been completed. Field sampling is expected to start in the summer of 2023.
In addition, samples of septages from individual septic systems will also be collected and evaluated, under a Project Design and Sampling Plan for septages.
For additional information regarding the DNREC PFAS in Wastewater, click HERE.
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