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: 29 376.92 Contaminants 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.