New Study, Finalized Guidance, and Draft Policies Help Examine and Address the Widespread PFAS Prevalence in Communities and in Nature 

Recording of Virtual Press Conference Available Here 

New York State Department of Environmental Conservation (DEC) Commissioner Amanda Lefton today announced a suite of significant new actions and helpful resources to protect, educate, and assist New York communities in addressing the ubiquitous threat of per- and polyfluoroalkyl substances (PFAS) contamination.  

DEC launched a new progress report detailing New York State’s leadership in addressing PFAS; released a new study detailing the widespread presence of PFAS on the landscape; finalized important wastewater treatment plant guidance that protects drinking water and other surface waters; proposed new policies directing DEC’s actions in PFAS investigations and sampling of biosolids products; and launched a new webpage – dec.ny.gov/pfas -- that provides a one-stop resource about these and other initiatives and information about DEC’s multifaceted efforts to address PFAS.  

“DEC is forging a cleaner path forward by prioritizing the removal and prevention of the many forms of PFAS pollution to help create healthier ecosystems and communities,” Commissioner Lefton said. “The wastewater treatment plant guidance and Rural Background Study finalization, and the biosolid products sampling and private water supply policy proposals will provide DEC with critically important data and help inform New York State’s next steps to prevent PFAS exposure and protect public health. Each builds upon a decade of science-based, on-the-ground commitments that DEC will continue to advance.” 

State Health Commissioner Dr. James McDonald said, “Governor Hochul remains committed to protecting the health of our communities and we will continue to partner with the Department of Environmental Conservation to advance the State’s extensive work to address PFAS or ‘forever chemicals’ in the environment, as we know these come with a range of negative health effects. New York State is also a national leader in the protection of drinking water, and the Department of Health looks forward to continuing our work with DEC to broaden these efforts.”

PFAS are a class of human-made chemicals that were widely used in various consumer, commercial, and industrial products since the 1940s. These chemicals are resistant to heat, oil, stains, grease, and water. PFAS were also historically widely used in large commercial and military applications, including firefighting foam, and continue to play a role in some industrial processes. PFAS do not readily break down naturally in the environment, remain in the human body for a long time, and have been linked to a range of health effects.  

As part of New York State’s ongoing response, DEC is taking numerous steps to continue the progress made since 2015 and build upon the State’s commitment to comprehensively assess and address PFAS sources in the environment:  

Technical and Operational Guidance Series (TOGS) for Publicly Owned Treatment Works finalized:   

DEC’s Division of Water this week finalized new guidance building upon the 2023 guidance outlining how DEC will collect additional PFAS information from publicly owned treatment works (POTWs), also known as wastewater treatment plants. Due to the historical and continued use of PFAS in consumer products, it is difficult for wastewater treatment plants to completely eliminate these pollutant inputs. While New York is being proactive in implementing programs to control the production and use of these compounds upstream, they will continue to be found in wastewater treatment streams and biosolids created when treating wastewater.   

The guidance also recommends track-down programs and compliance schedules in State Pollutant Discharge Elimination System (SPDES) permits to identify and address significant upstream sources contributing these contaminants to wastewater flow in their communities. In addition to the newly released TOGS, DEC made emerging contaminant data collected through DEC’s ambient surface water monitoring and wastewater monitoring available to the public through the “Division of Water PFAS and 1,4-Dioxane Information Portal,” further enhancing DEC’s commitment to transparency.   

Draft Policy Requiring Sampling of PFAS in Biosolid Products (DMM-7a) proposed: 

DEC’s Division of Materials Management is proposing a new draft policy that expands on the requirements of DEC’s existing policy, Biosolids Recycling in New York State – Interim Strategy for the Control of PFAS Compounds (DMM-7), to require sampling and analysis of soil products produced from biosolids (biosolids products) such as compost and heat-dried products.   

Biosolids are nutrient-rich organic materials that, when treated at wastewater treatment plants and processed properly, can be recycled and utilized as a soil amendment. The concentrations and variability of PFAS in biosolids remain somewhat uncertain. DEC is taking multiple actions to obtain more information that will help guide future regulation of biosolid products. DMM-7a will provide improve data collection of biosolid products, which will complement information gathered from an ongoing study examining biosolids in the waste stream. This ongoing study implements DMM-7 and is being carried out by DEC in partnership with the State University of New York College of Environmental Science and Forestry by sampling biosolids at 26 SPDES-permitted facilities.  

Once the draft DMM-7a policy is finalized, all currently permitted facilities that accept biosolids, as well as facilities with approvals to distribute biosolids products from out-of-state sources, must analyze the biosolids product for PFAS compounds at a DOH-certified laboratory. DEC will collect this information and combine it with other PFAS data being collected on biosolids to assist DEC in developing the State regulation to set appropriate biosolid analytical and operating limits. Public comments can be submitted until January 9, 2026.   

New York State Rural Background Study Completed: 

DEC recently completed a study of PFAS concentrations in rural soils that are not near industrial discharges and known sources of PFAS. The Rural Soil Background Study presents results similar to those seen in other northeast states, with PFOS detected in more than 97% of surface soil samples and PFOA detected in 76.5%. This study will be considered in establishing future State cleanup requirements for PFAS.  

Draft Policy Revisions Detailing State Assistance for Contaminated Water Supplies (DER-24) proposed: 

DEC’s Division of Environmental Remediation’s (DER) is proposing changes to DER-24 to align with the data collected during the Rural Background Study showing the prevalence of PFAS in New York State’s environment. The draft policy recognizes that not all PFAS drinking water contamination is connected to a singular industrial source, spill, or other known point source. DEC continues to prioritize holding polluters accountable for contamination, though some challenges exist in funding alternate water supplies when private drinking water sources are contaminated. Wastewater, leachate, septic systems, runoff, and rainwater are among the other potential contributors to PFAS contamination in the overall environment. Significant state investments will continue to be provided for cleanups, including the 10-year, $1.25 billion reauthorization of the State’s Superfund Program and Governor Hochul’s creation of a new pilot program to provide financial assistance for private well owners to test and remediate wells impacted by emerging contaminants anticipated to launch next year in communities with the highest known prevalence of private wells contaminated by nonpoint sources of PFAS.  

The draft policy revisions establish new guidance for when DEC will provide alternate water for private water supplies impacted by a DER program site or spill. It provides general procedures for the development of an Area of Interest to study the source of PFAS contamination, the interpretation of initial drinking water results, and the selection, implementation, and discontinuation of an alternate water supply, as appropriate. Public comments will be accepted until February 10, 2026. 

In 2015, PFAS contamination was first confirmed in the drinking water of the village of Hoosick Falls, Rensselaer County, marking the start of the State’s decade-long journey of community action, regulatory response, and progress in understanding how widespread PFAS and other emerging contaminants have become. Since that time, DEC has been working closely with the State Department of Health (DOH) and many public and private partners to lead actions and initiatives to address PFAS contamination and prevent public exposure to these substances, including:  

• In 2020, New York State was one of the first states to develop its own enforceable health-based drinking water standards for two PFAS compounds, perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). DOH continues to work in close coordination with local health departments to identify public water supplies with PFOA and PFOS levels above 10 parts per trillion and require them to take action to remove PFAS from these water supplies; In 2023, DEC finalized water quality guidance values for PFOA, PFOS and 1,4-dioxane, along with guidance for industrial wastewater discharges, to prevent exposure to emerging contaminants through the protection of drinking water sources. 
• DEC classified PFOA and PFOS as hazardous substances, incorporating stringent cleanup requirements for polluters to build into soil and groundwater remediation programs; 
• DEC leads comprehensive emergency responses to contaminated drinking water supplies, installation of treatment systems, site cleanups, and holding polluters accountable; 
• DEC developed guidance for sampling and analysis, restricted or banned PFAS in products, and implemented policies to limit PFAS in biosolids recycling; and
• DEC and DOH prevent direct exposure to the public by sampling contaminants in fish and wildlife and issuing advice for eating.    

These and many other highlights of New York State’s response to PFAS, including Governor Kathy Hochul’s record 2025-26 State Budget investment of $500 million in water infrastructure for a total of $6 billion since 2017, $1 billion annually in low-cost water infrastructure loans, and $1.25 billion to reauthorize the State Superfund Program, are included in the new “Decade of Progress on PFAS” now available on DEC’s website.  

Additional Ongoing Efforts to Address PFAS 

DEC and our partners will continue to examine ways to help limit the introduction of PFAS into the environment to ensure protection of public health and natural resources. Work is already underway to address other known sources including implementing the PFAS in Apparel Law. DEC is developing draft regulations to implement the law limiting PFAS in Apparel and is conducting robust engagement with the public, retailers, apparel suppliers, and other stakeholders. DEC answered questions about the law's requirements at a virtual pre-rulemaking meeting held on August 25 and proposed regulations are expected in 2026. DEC is implementing the current restrictions in the law through product testing to assess compliance. The draft regulation will be provided for public review and comment.

New Online Resources for State PFAS Information 

DEC today launched the new dedicated PFAS webpage dec.ny.gov/pfas to support ongoing education and engagement efforts to raise public awareness of PFAS prevalence. The webpage offers additional resources on PFAS contamination and provides opportunities for the public to comment on current and future policies and regulations being developed to address PFAS sources and impacts. 

Deadlines and details for commenting on DEC’s proposals and more information on these and other DEC PFAS actions are available on the dec.ny.gov/pfas website.