§ 1112 — Emerging contaminant monitoring

New York § 1112

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Potable Waters
• Art. 11: Public Water Supplies; Sewerage and Sewage Control

Text

§ 1112. Emerging contaminant monitoring. 1. Industry and modern\ntechnology have created thousands of new chemicals that would not\notherwise exist in nature. Although some of these chemicals have proven\nbenefits, the effect of many such chemicals on human health is unknown\nor not fully understood. Furthermore, with the advance of science and\ntechnology, public health scientists and experts are able to identify\nnaturally occurring contaminants that pose previously unknown hazards to\nhuman health. Where these chemicals or contaminants, collectively\nreferred to as "emerging contaminants," enter drinking water supplies,\nthey can present unknown but potentially serious risks to public health.\nNew Yorkers served by public water supplies have the right to know when\npotentially hazardous substances contaminate their drinking water and\nthe department must be equipped to monitor and protect the public from\nthese emerging contaminants.\n 2. a. "Emerging contaminants" shall mean any physical, chemical,\nmicrobiological or radiological substance listed as an emerging\ncontaminant pursuant to subdivision three of this section.\n b. "Notification level" means the concentration level of an emerging\ncontaminant in drinking water that the commissioner has determined,\nbased on available scientific information, warrants public notification\nand may require actions, which may include enhanced monitoring and\nactivities to reduce exposure, pursuant to this section.\n c. "Covered public water system" shall mean: (i) a public water system\nthat serves at least five service connections used by year-round\nresidents or regularly serves at least twenty-five year-round residents;\nor (ii) a public water system that regularly serves at least twenty-five\nof the same people, four hours or more per day, for four or more days\nper week, for twenty-six or more weeks per year.\n 3. a. The commissioner shall promulgate regulations to identify and\nlist substances as emerging contaminants that meet the following\ncriteria:\n (i) are not subject to any other substance-specific drinking water\nregulation of the department that establishes a maximum contaminant\nlevel, maximum residual disinfectant level, or action level;\n (ii) are known or anticipated to occur in public water systems; and\n (iii) because of their quantity, concentration, or physical, chemical\nor infectious characteristics, may cause physical injury or illness, or\notherwise pose a potential hazard to human health when present in\ndrinking water.\n b. In determining what substances shall be listed as emerging\ncontaminants the commissioner shall, at a minimum, consider:\n (i) unregulated contaminants monitored pursuant to the federal Safe\nDrinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;\n (ii) substances that require regulation or monitoring when present in\ndrinking water in other jurisdictions outside the state of New York;\n (iii) pesticide chemicals for which the United States environmental\nprotection agency has set human health benchmarks for drinking water;\n (iv) substances found at sites in remedial programs located inside and\noutside the state of New York, including but not limited to inactive\nhazardous waste sites; and\n (v) recommendations from the drinking water quality council\nestablished pursuant to section eleven hundred thirteen of this title.\n c. The commissioner shall, at a minimum, include the following\nchemicals identified as emerging contaminants in the first list of\nemerging contaminants: perfluorononanoic acid (PFNA);\nperfluorohexanesulfonic acid (PFHxS); perfluoroheptanoic acid (PFHpA);\nperfluorobutanesulfonic acid (PFBS); hexafluoropropylene oxide dimer\nacid (HFPO-DA); Perfluorodecanoic acid (PFDA); Perfluorododecanoic acid\n(PFDoA); Perfluorohexanoic acid (PFHxA); Perfluoroundecanoic acid\n(PFUnA); 11-chloroeicosafluoro-3-oxaundecane-1-sulfonic acid\n(11Cl-PF3OUdS); 9-chlorohexadecafluoro-3-oxanonane-1-sulfonic acid\n(9Cl-PF3ONS); 4,8-dioxa-3H-perfluorononanoic acid (ADONA);\nNonafluoro-3,6-dioxaheptanoic acid (NFDHA); Perfluorobutanoic acid\n(PFBA); 1H, 1H, 2H, 2HPerfluorodecane sulfonic acid (8:2FTS);\nPerfluoro(2-ethoxyethane)sulfonic acid (PFEESA);\nPerfluoroheptanesulfonic acid (PFHpS); 1H,1H, 2H, 2H-Perfluorohexane\nsulfonic acid (4:2FTS); Perfluoro-3-methoxypropanoic acid (PFMPA);\nPerfluoro-4-methoxybutanoic acid (PFMBA); 1H,1H, 2H, 2H-Perfluorooctane\nsulfonic acid (6:2FTS); Perfluoropentanoic acid (PFPeA);\nPerfluoropentanesulfonic acid (PFPeS).\n d. The commissioner shall make regulations to list the following\nadditional substances as emerging contaminants; provided however the\ncommissioner may, upon review and recommendation by the drinking water\nquality council pursuant to section eleven hundred thirteen of this\ntitle determine not to include such chemicals as emerging contaminants\nby January first, two thousand twenty-four: 1,2,3-trichloropropane;\nchloromethane (methylchloride); 1,1-dichloroethane; bromomethane (methyl\nbromide); chlorodifluoromethene (HCFC-22); vanadium; molybdenum; cobalt;\nstrontium; chromium-6; N-ethyl perfluorooctanesulfonamidoacetic acid\n(NEtFOSAA); N-methyl perfluorooctanesulfonamidoacetic acid (NMeFOSAA);\nPerfluorotetradecanoic acid (PFTA); Perfluorotridecanoic acid (PFTrDA).\nProvided, however, the commissioner may, upon review and recommendation\nby the drinking water quality council, determine not to include such\nchemicals as emerging contaminants: testosterone; and 4-androstene-3,\n17-dione.\n e. The commissioner shall by regulation remove any substance from the\nlist of emerging contaminants upon adopting a maximum contaminant level\nfor such substance.\n 4. Every covered public water system shall test drinking water for the\npresence of emerging contaminants at least once every three years\npursuant to a schedule determined by the department through regulation.\n 5. Every test conducted in accordance with this section shall be\nconducted by a laboratory certified by the department pursuant to\nsection five hundred two of this chapter. Laboratories shall submit such\nresults electronically to the department, to any other health department\nwith jurisdiction over the covered public water system, and to the\ncovered public water system, in the manner prescribed pursuant to\nsection five hundred two of this chapter.\n 6. The commissioner shall promulgate regulations establishing\nnotification levels for any emerging contaminant listed pursuant to\nsubdivision three of this section. Any notification level established\npursuant to this subdivision shall be equal to or lower than any federal\nlifetime health advisory level established pursuant to the federal Safe\nDrinking Water Act (42 U.S.C. § 300g-1). If no federal lifetime health\nadvisory level has been established, the commissioner shall establish\nnotification levels based upon the available scientific information, and\nmay take into consideration recommendations of the drinking water\nquality council established pursuant to section eleven hundred thirteen\nof this title. Such notification levels shall be made easily accessible\nto the public through a link that is posted on the department's website\nand updated regularly.\n 7. Notwithstanding subdivision three of this section, the commissioner\nmay, by declaration, add any physical, chemical, microbiological or\nradiological substance to the list of emerging contaminants established\npursuant to subdivision three of this section, establish a notification\nlevel, and require testing for such substance, if the commissioner\ndetermines that: (i) such substance poses or has the potential to pose a\nsignificant hazard to human health when present in drinking water; (ii)\nsuch substance was recently detected in a public water system and has\nthe potential to be present in other public water systems; and (iii) it\nappears to be prejudicial to the interests of the people to delay action\nby preparing and filing regulations. The commissioner shall, however,\npromulgate regulations adding such new emerging contaminant or\nestablishing such notification level within one year of such\ndeclaration. Such declaration shall clearly state where and the date by\nwhich such testing must occur. After the commissioner promulgates\nregulations adding such emerging contaminant, such regulations shall\nsupersede the declaration issued pursuant to this subdivision. Until\nsuch notification levels are posted on the department's website pursuant\nto subdivision six of this section, the commissioner shall post the\nnotification levels established by declaration on such website so that\nthey are easily accessible through a link to the public.\n 8. Whenever one or more emerging contaminants is confirmed to be\npresent in drinking water at concentrations at or above a notification\nlevel established pursuant to this section:\n a. the covered public water system shall notify the department within\ntwenty-four hours;\n b. the covered public water system shall notify all owners of real\nproperty served by the covered public water system in a time and manner\nto be prescribed by the department, provided that in no event shall\nnotification occur more than ninety days after the presence of an\nemerging contaminant at concentrations at or above a notification level\nestablished pursuant to this section is confirmed;\n c. the commissioner may directly notify such owners of real property\nif it is determined that the public's interest would be best served by\nsuch notification, or if the commissioner determines that the covered\npublic water system is not acting, or cannot act in a timely manner;\n d. the commissioner may require that the covered public water system\ntake such actions as may be appropriate to reduce exposure to emerging\ncontaminants. If the commissioner determines that the concentration of\nthe emerging contaminant constitutes an actual or potential threat to\npublic health, based on the best available scientific information, the\ncommissioner shall consult with the commissioner of the department of\nenvironmental conservation regarding any further action that may be\nappropriate, including but not limited to actions pursuant to title\ntwelve of article twenty-seven of the environmental conservation law.\n 9. The commissioner shall work in consultation with the commissioner\nof the department of environmental conservation to develop educational\nmaterials, and may take into consideration recommendations of the\ndrinking water quality council established pursuant to section eleven\nhundred thirteen of this title. Such educational materials shall be made\navailable through a link on the department's website that is easily\naccessible to the covered public water system and the general public,\nrelating to methodologies for reducing exposure to emerging contaminants\nand potential actions that may be taken to mitigate or remediate\nemerging contaminants. Such link shall also include information relating\nto notification levels established by declaration pursuant to\nsubdivision seven of this section and by regulation pursuant to\nsubdivision six of this section. The commissioner shall coordinate with\nthe United States Environmental Protection Agency to ensure that the\ninformation available on the EPA's Drinking Water Watch website is\navailable to public water systems and that information available on the\nEPA's Safe Drinking Water Information System is available to the public\nthrough an easily accessible link on the department's website. The\nwebsite and such links shall allow, to the extent practicable, the\npublic to easily access information including but not limited to, basic\nwater system information, including system identification number, name\nand type, department contacts, public notices, violations and\nenforcement actions taken by the state and federal government. The\nwebsite and such links shall be monitored and updated regularly by the\ndepartment. The commissioner shall also provide the covered public water\nsystem with information relating to potential funding sources provided\nby the state and federal government for mitigation or remedial\nactivities, and to reduce the exposure to emerging contaminants.\n 10. Any owner of real property, including any owner's agent, to whom a\ncovered public water system has provided notification of the exceedance\nof a notification level established pursuant to subdivision six of this\nsection, shall take all reasonable and necessary steps to provide,\nwithin ten days, any tenants with copies of the notification provided by\nthe covered public water system.\n 11. The commissioner may promulgate regulations pursuant to which the\ndepartment may provide financial assistance for compliance with the\ntesting requirements of this section, to any covered public water system\nupon a showing that the costs associated with testing drinking water in\ncompliance with this section would impose a financial hardship. Such\nregulations shall, when prioritizing public water systems for\neligibility for financial assistance, incorporate provisions that give\npreference to public water systems serving less than ten thousand\nindividuals.\n 12. The commissioner shall periodically review substances that have\nbeen identified as emerging contaminants pursuant to this section and\ndetermine if the department should establish a maximum contaminant level\nfor the substance. Such review shall occur, at a minimum, once every\nthree years.\n 13. The commissioner shall make draft regulations containing the first\nlist of emerging contaminants within one hundred eighty days of the\neffective date of this subdivision and shall make regulations\nimplementing this subdivision within ninety days thereafter.\n 14. The commissioner shall make regulations updating the list of\nemerging contaminants and their associated notification levels to\nreflect the latest available scientific information at least once every\nthree years. The commissioner shall add new emerging contaminants under\nsubdivision three of this section at least once every three years.\n