Florida Senate - 2024                                    SB 1692
       
       
        
       By Senator Brodeur
       
       
       
       
       
       10-00784-24                                           20241692__
    1                        A bill to be entitled                      
    2         An act relating to preventing contaminants of emerging
    3         concern from discharging into wastewater facilities
    4         and waters of the state; creating s. 376.92, F.S.;
    5         defining terms; establishing the PFAS and 1,4-dioxane
    6         pretreatment initiative within the Department of
    7         Environmental Protection for a specified purpose;
    8         providing requirements for certain wastewater
    9         facilities with industrial pretreatment programs which
   10         begin implementing an industrial pretreatment program
   11         after a specified date; authorizing the department to
   12         expand the initiative; providing discharge limits and
   13         surface water quality standards for industrial users
   14         beginning on a specified date; providing that such
   15         limits and standards are effective until the
   16         department adopts specified rules and such rules are
   17         ratified by the Legislature; requiring the department
   18         to incorporate such limits and standards into certain
   19         permitting requirements; requiring the department to
   20         create a schedule for ongoing sampling, reporting, and
   21         compliance; providing requirements for enforcement
   22         actions for violations after a specified date;
   23         providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 376.92, Florida Statutes, is created to
   28  read:
   29         376.92Contaminants of emerging concern; inventory of
   30  probable sources of contamination; pretreatment.—
   31         (1)DEFINITIONS.—As used in this section, the term:
   32         (a)“Department” means the Department of Environmental
   33  Protection.
   34         (b)“Industrial user” means a source of discharge.
   35         (c)“PFAS” means per- and polyfluoroalkyl substances,
   36  including perfluorooctanoic acid (PFOA) and perfluorooctane
   37  sulfonate (PFOS).
   38         (d)“Pretreatment” means the reduction of the amount of
   39  pollutants, the elimination of pollutants, or the alteration of
   40  the nature of pollutant properties in wastewater before or in
   41  lieu of discharging or otherwise introducing such pollutants
   42  into a wastewater facility. The reduction or alteration may be
   43  obtained by physical, chemical, or biological processes, by
   44  process changes, or by other means, except as prohibited by rule
   45  62-625.410(5), Florida Administrative Code.
   46         (e)“Wastewater facility” means a facility that discharges
   47  waste into waters of the state or which can reasonably be
   48  expected to be a source of water pollution and includes any of
   49  the following:
   50         1.The collection and transmission system.
   51         2.The wastewater treatment works.
   52         3.The reuse or disposal system.
   53         4.The biosolids management facility.
   54         (2)PFAS AND 1,4-DIOXANE PRETREATMENT INITIATIVE.—
   55         (a)The PFAS and 1,4-dioxane pretreatment initiative is
   56  established within the department. The purpose of the initiative
   57  is to coordinate wastewater facility industrial pretreatment
   58  programs. A wastewater facility with an industrial pretreatment
   59  program shall do all of the following:
   60         1.Complete and provide to the department between June 1,
   61  2025, and July 1, 2025, an inventory of industrial users to
   62  identify probable sources of PFOS, PFOA, or 1,4-dioxane.
   63         a.The department shall provide written guidance to all
   64  wastewater facilities with industrial pretreatment programs on
   65  or before September 1, 2024, which includes, but is not limited
   66  to, the industry types and other known at-risk sites that should
   67  be included as part of each wastewater facility’s inventory of
   68  probable sources of PFOS, PFOA, or 1,4-dioxane discharge.
   69         b.On or before January 1, 2025, a member of the public may
   70  recommend to the waste water facilities and the department
   71  industrial users that should be included in the probable sources
   72  inventory of each wastewater facility with an industrial
   73  pretreatment program.
   74         2.On or before March 1, 2025, provide notice to the
   75  department and to any industrial user that has been initially
   76  identified by the inventory as being a probable source of PFOS,
   77  PFOA, or 1,4-dioxane discharges.
   78         a.The notice must include a statement that the identified
   79  industrial users may become subject to applicable pretreatment
   80  standards and requirements, including specific discharge limits
   81  for PFOS, PFOA, or 1,4-dioxane pursuant to the pretreatment
   82  program, and that these contaminants may be controlled through
   83  permit, order, or similar means beginning on July 1, 2026.
   84         b.An industrial user may respond to the notice by May 1,
   85  2025, to provide any compelling information as to why the
   86  industrial user is not a probable source of PFOS, PFOA, or 1,4
   87  dioxane discharge.
   88         3.Submit to the department the final inventory of the
   89  industrial users that are subject to applicable pretreatment
   90  standards and requirements, including specific discharge limits
   91  for PFOS, PFOA, or 1,4-dioxane, and provide notice to the
   92  industrial users on the list that such users will be issued
   93  permits, orders, or similar measures to enforce applicable
   94  pretreatment standards and requirements for PFOS, PFOA, or 1,4
   95  dioxane beginning on July 1, 2026. The wastewater facility and
   96  the department shall encourage an industrial user identified by
   97  the final inventory to take action to reduce the likelihood that
   98  its PFOS, PFOA, or 1,4-dioxane discharges exceed specific
   99  discharge limits before the issuance of a permit, order, or
  100  similar measures to enforce applicable pretreatment standards
  101  and requirements.
  102         4.Issue a permit, order, or similar measure to enforce
  103  applicable pretreatment standards and requirements for PFOS,
  104  PFOA, or 1,4-dioxane, including specific discharge limits, which
  105  will become effective on July 1, 2026. A wastewater facility
  106  shall require that each industrial user perform self-monitoring
  107  and sampling and meet reporting, notification, and record
  108  keeping requirements, including identification of how the
  109  industrial user shall monitor PFOS, PFOA, or 1,4-dioxane,
  110  sampling locations, sampling frequency, and sample types.
  111         5.Complete, between July 1, 2026, and January 1, 2027, a
  112  grab sampling at each identified industrial user’s facilities
  113  and other at-risk sites that are probable sources of PFOS, PFOA,
  114  or 1,4-dioxane discharges. If the self-reported data or a
  115  department grab sample is at or above specified discharge limits
  116  for PFOS, PFOA, or 1,4-dioxane, the wastewater facility must
  117  implement on or before July 1, 2027, appropriate corrective
  118  action, including, but not limited to, the use of best
  119  management practices, changes in processes, product
  120  replacements, equipment or tank change-outs or clean-outs, or
  121  pretreatment technologies to reduce or eliminate PFOS, PFOA, or
  122  1,4-dioxane at such industrial facilities and other at-other
  123  risk sites.
  124         (b)A wastewater facility that begins implementing an
  125  industrial pretreatment program after July 1, 2024, shall
  126  complete an inventory of industrial users to identify probable
  127  sources of PFOS, PFOA, or 1,4-dioxane discharges and must issue
  128  a permit, order, or similar measure to enforce applicable
  129  pretreatment standards and requirements consistent with this
  130  section.
  131         (c)The department may expand the initiative to other
  132  wastewater treatment plants to include wastewater facilities
  133  permitted under the National Pollutant Discharge Elimination
  134  System.
  135         (3)DISCHARGE LIMITS AND WATER QUALITY STANDARDS.—
  136         (a)Beginning July 1, 2026, the following specific
  137  discharge limits and surface water quality standards for PFOS,
  138  PFOA, and 1,4-dioxane are established for industrial users until
  139  new specific discharge limits are adopted by the department
  140  using criteria set forth in s. 376.30701 and ratified by the
  141  Legislature:
  142         1.For PFOS, 10 nanograms per liter.
  143         2.For PFOA, 170 nanograms per liter.
  144         3.For 1,4-dioxane, 200,000 nanograms per liter.
  145         (b)The department shall incorporate the interim surface
  146  water quality standards for PFOS, PFOA, or 1,4-dioxane into the
  147  permitting requirements for wastewater facilities with
  148  industrial pretreatment programs with an industrial user that
  149  has a self-reported violation of discharge limits or if the
  150  wastewater facility has taken a grab sample at or above
  151  discharge limits for PFOS, PFOA, or 1,4-dioxane. The department
  152  shall create a schedule for ongoing sampling, reporting, and
  153  compliance for wastewater facilities with these new permitting
  154  requirements for PFOS, PFOA, and 1,4-dioxane.
  155         (4)VIOLATIONS AND ADMINISTRATIVE ACTION.—On or before July
  156  1, 2027, an entity may not be subject to civil or criminal
  157  penalties for violations of this section. After July 1, 2027,
  158  the department shall take into consideration the financial
  159  situation and the costs of implementing best management
  160  practices and other corrective actions for each wastewater
  161  facility out of compliance with its permit, order, or similar
  162  means when considering enforcement actions for violations of
  163  applicable pretreatment standards and requirements or violations
  164  of water quality standards.
  165         Section 2. This act shall take effect July 1, 2024.