Draft Technical and Operational Guidance Series Available for Public Review and Comment through Feb. 9, 2024 

New York State Department of Environmental Conservation (DEC) Commissioner Basil Seggos today released new water quality guidance that will advance the State's regulation of the emerging contaminants Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), and 1,4-Dioxane. The draft guidance for Publicly Owned Treatment Plants (POTWs) builds upon guidance released last year for industrial discharges and supports the State's ongoing efforts to protect public health and the environment and prevent exposure to emerging contaminants through the protection of drinking water sources. 

“The draft guidance released today builds upon New York State’s nation-leading efforts to protect communities and prevent public exposure to emerging contaminants,” Commissioner Seggos said. “DEC encourages the public to comment on this draft guidance and appreciates the ongoing partnership of local governments in creating cleaner, healthier communities and natural resources.”  

The draft Technical and Operational Guidance Series 1.3.14 “Publicly Owned Treatment Works Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane” complements the State’s efforts to implement DEC’s previously announced water quality guidance values for these same contaminants. The new draft guidance outlines how DEC will collect additional information on these contaminants from POTWs and recommends utilizing pollutant minimization programs and compliance schedules in State Pollution Discharge Elimination System (SPDES) permits to address significant sources of these contaminants to POTWs. 

The draft guidance is available on DEC’s website at https://dec.ny.gov/environmental-protection/water/emerging-contaminants. DEC is holding a 30-day public comment period, which ends on Feb. 9, 2024. Comments can be emailed to EmergingContaminantsDOW@dec.ny.gov, or sent to New York State DEC, 625 Broadway, Albany NY 12233-3500, ATTN: Sara Latessa.   

PFAS are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water. Fluoropolymer coatings are blends of resins and lubricants used in products such as water-repellent clothing, furniture, adhesives, paint and varnish, food packaging, heat-resistant non-stick cooking surfaces and insulation of electrical wires. Chemicals in this group include PFOA and PFOS. 1,4-Dioxane is a compound that has historically been used a solvent stabilizer and has been found in trace amounts in some cosmetics, shampoos, detergents, and cleaning products.

The new guidance supports the State's ongoing efforts to safeguard public health, prevent exposure to emerging contaminants, and ensure New Yorkers have access to clean drinking water. Some PFAS do not break down easily and persist for a long time in the environment, especially in water. Their toxicity and persistence in the environment means they are a potential danger to public health and the environment. Information about PFAS is available on DEC’s website.