The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 1692
INTRODUCER: Senator Brodeur
SUBJECT: Preventing Contaminants of Emerging Concern from Discharging Into Wastewater
Facilities and Waters of the State
DATE: January 22, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Pre-meeting
2. AEG
3. FP
I. Summary:
SB 1692 creates the Per- and Polyfluoroalkyl Substances (PFAS) and 1,4-Dioxane Pretreatment
Initiative within the Department of Environmental Protection (DEP) for the purpose of
coordinating wastewater facility industrial pretreatment programs. The bill requires wastewater
facilities with industrial pretreatment programs to do the following:
Complete and provide to DEP between June 1, 2025, and July 1, 2025, an inventory of
industrial users to identify probable sources of 1,4-dioxane and certain types of PFAS;
On or before March 1, 2025, provide notice to the previously identified industrial users that
they may become subject to applicable pretreatment standards and that 1,4-dioxane and
certain types of PFAS may be controlled through permit, order, or similar means beginning
July 1, 2026;
Issue a permit, order, or similar measure to enforce applicable pretreatment standards and
requirements for 1,4-dioxane and certain types of PFAS, including specific discharge limits;
and
Between July 1, 2026, and January 1, 2027, complete a grab sampling at each identified
industrial user’s facility and other at-risk sites that are probably sources of 1,4-dioxane and
certain types of PFAS and implement appropriate corrective action before July 1, 2027, to
reduce or eliminate these contaminants.
The bill also provides discharge limits and surface water quality standards for 1,4-dioxane and
certain types of PFAS for industrial users until new specific discharge limits are adopted by DEP
and ratified by the Legislature.
REVISED: BILL: SB 1692 Page 2
II. Present Situation:
Wastewater Treatment
The proper treatment and disposal or reuse of wastewater is a crucial part of protecting Florida’s
water resources. The majority of the state’s wastewater is controlled and treated by centralized
treatment facilities regulated by the Department of Environmental Protection (DEP). There are
over 4,100 active wastewater facilities regulated by DEP.
1
Approximately 2,100 of these
facilities are classified as industrial and 2,000 as domestic wastewater.
2
Under the federal Clean Water Act, any discharge of a pollutant from a point source
3
to surface
waters (i.e., the navigable waters of the United States or beyond) must obtain a National
Pollution Discharge Elimination System (NPDES) permit.
4
NPDES permit requirements for
most wastewater facilities or activities (domestic or industrial) that discharge to surface waters
are incorporated into a state-issued permit, thus giving the permittee one set of permitting
requirements rather than one state and one federal permit.
5
DEP issues operation permits for a
period of five years for facilities regulated under the NPDES program and up to 10 years for
other domestic wastewater treatment facilities meeting certain statutory requirements.
6
DEP oversees the development and implementation of local pretreatment programs in the state.
7
These local pretreatment programs are developed and implemented in accordance with the Clean
Water Act, the state NPDES program within s. 403.0885, F.S., and Chapter 62-625 of the Florida
Administrative Code. Pretreatment is the removal, reduction or alteration of pollutants in
industrial wastewater prior to discharge or introduction into a domestic wastewater treatment
facility. Metal finishing and related operations are a common source of industrial wastewater in
Florida that typically requires treatment prior to discharge to a wastewater treatment facility.
8
In general, a pretreatment program may be required if a publicly owned wastewater treatment
facility receives discharge from significant industrial users and the wastewater treatment facility
discharges to either surface waters of the state or various reuse systems. There are currently 67
active pretreatment programs.
9
1
Dep’t of Environmental Protection (DEP), General Facts and Statistics about Wastewater in Florida,
https://floridadep.gov/water/domestic-wastewater/content/general-facts-and-statistics-about-wastewater-florida (last visited
Jan. 18, 2023).
2
Id.
3
“Point source” is defined as any discernible, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection
system, vessel or other floating craft from which pollutants are or may be discharged. Fla. Admin. Code R. 62-620.200(37).
4
33 U.S.C. s. 1342.
5
Sections 403.061 and 403.087, F.S.
6
Section 403.087(3), F.S.
7
DEP, Domestic Wastewater Industrial Pretreatment Program, https://floridadep.gov/water/domestic-
wastewater/content/domestic-wastewater-industrial-pretreatment-program (last visited Jan. 18, 2024).
8
Id.
9
Id. BILL: SB 1692 Page 3
Penalties
Section 376.302, F.S., outlines the penalties for specific violations of Chapter 376, F.S.,
including:
Discharge of pollutants or hazardous substances into the state’s surface or ground waters or
onto its lands in violation of any departmental standard;
10
Failure to obtain or comply with a permit required by Chapter 376, F.S., or to noncompliance
with DEP rules, orders, permits, registrations, or certifications.
Violators are liable to the state for any damage caused and subject to civil penalties of up to
$15,000 per offense, with each day during any portion of which such violation occurs
constituting a separate offence.
11
There is an exception for discharges that are promptly reported
and, where applicable, removed in accordance with DEP rules and orders when the site has been
determined eligible for participation in a program described in s. 376.3078, F.S., (dry-cleaning
facility restoration) or s. 376.3079, F.S. (third-party liability insurance for dry-cleaning facilities
or wholesale supply facilities).
12
However, any person who willfully commits these violations is guilty of a first-degree
misdemeanor, punishable by a fine between $2,500 and $25,000, or one year in jail, or both, for
each offense.
13
Each day during any portion of which such violation occurs constitutes a separate
offense.
14
In addition, it is a violation of Chapter 376, F.S., to:
Knowingly make any false statement, representation, or certification in any application,
record, report, plan, or other document filed or required to be maintained under Chapter 376,
F.S.; or
Falsify, tamper with, or knowingly render inaccurate any monitoring device or method
required to be maintained under Chapter 376, F.S., or by any permit, registration, rule, or
order issued under this chapter.
15
Any person who commits such violations is guilty of a first-degree misdemeanor, punishable by
a fine of not more than $10,000 or by 6 months in jail, or by both, for each offense.
16
10
“Standard” means any DEP rule relating to air and water quality, noise, solid-waste management, and electric and magnetic
fields associated with electrical transmission and distribution lines and substation facilities. The term does not include rules
which relate exclusively to the internal management of the department, the procedural processing of applications, the
administration of rulemaking or adjudicatory proceedings, the publication of notices, the conduct of hearings, or other
procedural matters. Section 403.803(13), F.S.
11
Sections 376.302(2) and 403.141(1), F.S.
12
Sections 376.302(2) and 376.311, F.S.
13
Section 376.302(3), F.S.
14
Id.
15
Section 376.302(4), F.S.
16
Id. BILL: SB 1692 Page 4
Contaminants of Emerging Concern
Contaminants of Emerging Concern (CECs) are chemicals that are being discovered in water that
previously had not been detected or are being detected at levels that may be different than
expected.
17
While there are no regulatory limits, there may be a long-term potential risk to
human health or the environment associated with CECs. Additional studies may also bring new
or changing health exposure information. The United States Environmental Protection Agency
(EPA) prioritizes CECs for research and data collection. As part of this data collection, all large
and selected smaller public water systems across the U.S. are required to monitor for the targeted
CECs.
18
Per- and Polyfluoroalkyl Substances (PFAS)
PFAS are a large and complex class of synthetic chemicals that are resistant to heat, water, and
oil.
19
Perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS) are two of the most
widely used and studied chemicals in the PFAS group.
20
PFOA and PFOS have been replaced in
the U.S. with other PFAS in recent years.
21
In chemical and product manufacturing, GenX
chemicals are considered a replacement for PFOA, and perfluorobutane sulfonate (PFBS) is
considered a replacement for PFOS.
22
PFAS have been used in a wide variety of consumer products and industrial processes since the
1940s.
23
Most people in the U.S. have been exposed to PFAS, primarily through touching,
drinking, eating, or breathing in materials containing these chemicals.
24
PFAS may be present in:
Drinking water;
Waste sites, including soil and water at or near landfills, disposal sites, and hazardous waste
sites;
Fire extinguishing foam used in training and emergency response events at airports and
firefighting training facilities;
Manufacturing facilities, including chrome plating, electronics, and certain textile and paper
manufacturers that produce or use PFAS;
Consumer products, including stain- or water-repellent, or non-stick products, paints,
sealants, and some personal care products;
Food packaging, including grease-resistant paper, microwave popcorn bags, pizza boxes, and
candy wrappers;
17
DEP, Regulated Drinking Water Contaminants and Contaminants of Emerging Concern,
https://floridadep.gov/comm/press-office/content/regulated-drinking-water-contaminants-and-contaminants-emerging-
concern (last visited Jan. 18, 2024).
18
Id.
19
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
20
EPA, Drinking Water Health Advisories for PFAS: Fact Sheet for Communities, 2 (2022) available at
https://www.epa.gov/system/files/documents/2022-06/drinking-water-ha-pfas-factsheet-communities.pdf.
21
Id.
22
Id.
23
EPA, PFAS Explained, 2 (2023), available at https://www.epa.gov/system/files/documents/2023-10/final-virtual-pfas-
explainer-508.pdf.
24
Id. BILL: SB 1692 Page 5
Biosolids, including fertilizer from wastewater treatment plants used on agricultural lands;
and
Food, including fish caught from PFAS-contaminated water and dairy products from
livestock exposed to PFAS.
25
Because PFAS do not break down in the environment—earning them the nickname “Forever
Chemicals”—concentrations of PFAS can accumulate in people, wildlife, and the environment
over time, infiltrate soils, and contaminate drinking water sources.
26
Even at very low levels,
exposure to PFAS can cause serious health problems, including:
Reproductive effects such as increased high blood pressure in pregnant people;
Developmental effects or delays in children, including low birth weight, bone variations, or
behavioral changes;
Increased risk of some cancers, including kidney and testicular cancers;
Reduced ability of the body’s immune system to fight infections, including reduced vaccine
effectiveness;
Interference with the body’s natural hormones, including thyroid hormones;
Increased cholesterol levels; and
Liver damage.
27
Our understanding of these chemicals and their impact on human health is incomplete, and PFAS
regulatory and technical developments are quickly evolving.
28
Currently, technologies capable of
reducing PFAS in drinking water include granular activated carbon, anion exchange resins,
reverse osmosis, and nanofiltration.
29
In Florida, widespread use of PFAS has led to contamination of state groundwater resources,
including private and public potable supply wells.
30
DEP has begun investigating potential
sources of PFAS and has found PFAS at fire training facilities, state funded cleanup sites, and
dry-cleaning sites. PFAS contamination has also been identified at federal facilities in Florida.
31
25
Id.
26
See EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 5 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf; U.S. Centers for
Disease Control and Prevention, Per- and Polyfluorinated Substances (PFAS),
https://www.cdc.gov/biomonitoring/PFAS_FactSheet.html (last visited Jan. 17, 2024).
27
EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 5 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
28
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
29
EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 2 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
30
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
31
Id.; DEP, DEP’s Efforts to Address PFAS in the Environment, https://floridadep.gov/waste/waste-
cleanup/content/dep%E2%80%99s-efforts-address-pfas-environment (last visited Jan. 16, 2024). BILL: SB 1692 Page 6
Regulations and Guidance
The Safe Drinking Water Act gives EPA the authority to publish health advisories and set
enforceable National Primary Drinking Water Regulations for drinking water contaminants.
32
EPA may also require monitoring of public water systems.
33
EPA has proposed enforceable maximum contaminant levels (MCLs) and published interim
drinking water health advisories levels (HALs) for several types of PFAS. MCLs are legally
enforceable standards that establish the maximum level of a contaminant allowed in drinking
water which can be delivered to users of a public water system.
34
HALs are developed when a
chemical is found in drinking water but no MCL has been established.
35
HALs are non-
enforceable and non-regulatory and provide technical information to state agencies and other
public health officials on health effects, analytical methods, and treatment technologies
associated with drinking water contamination.
36
Lifetime HALs represent the concentration of a
contaminant in drinking water at below which adverse health effects are not anticipated to occur
over a lifetime.
37
In 2016, EPA published drinking water HALs for PFOA and PFOS of 70 parts per trillion
(ppt).
38
In 2022, EPA released updated HALs based on data indicating that the levels at which
negative health effects could occur are much lower than previously understood.
39
The updated
HALs included four types of PFAS and are as follows:
PFOA 0.004 ppt or nanograms/Liter (ng/L).
PFOS 0.02 ppt or ng/L.
GenX 10 ppt or ng/L.
PFBS 2,000 ppt or ng/L.
40
The 2022 interim drinking water HALs for PFOA and PFOS will continue to remain available as
EPA finalizes a national primary drinking water regulation for those contaminants.
41
In March
32
EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 2 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
33
EPA, Proposed PFAS National Primary Drinking Water Regulation, https://www.epa.gov/sdwa/and-polyfluoroalkyl-
substances-pfas (last visited Jan. 16, 2024).
34
EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 4 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
35
Florida Dep’t of Health (DOH), Chemical Contaminants–HALs and Chemical Fact Sheets,
https://www.floridahealth.gov/environmental-health/drinking-water/chemicals-hals.html (last visited Jan. 16, 2024).
36
EPA, Drinking Water Health Advisories for PFAS: Fact Sheet for Communities, 2 (2022) available at
https://www.epa.gov/system/files/documents/2022-06/drinking-water-ha-pfas-factsheet-communities.pdf.
37
Id.
38
See 87 Fed. Reb. 36848, 36849 (June 21, 2022). EPA also published interim recommendations for contaminated
groundwater using the HAL of 70 ppt; however, that guidance has been rescinded. See EPA, EPA Releases PFAS
Groundwater Guidance for Federal Cleanup Programs, Fulfilling PFAS Action Plan Commitment,
https://www.epa.gov/newsreleases/epa-releases-pfas-groundwater-guidance-federal-cleanup-programs-fulfilling-pfas-action
(last visited Jan. 17, 2024); EPA, Interim Recommendations for Addressing Groundwater Contaminated with PFOA and
PFOS, https://www.epa.gov/pfas/interim-recommendations-addressing-groundwater-contaminated-pfoa-and-pfos (last visited
Jan. 17, 2024).
39
87 Fed. Reb. 36848, 36849 (June 21, 2022).
40
Id.
41
EPA, Drinking Water Health Advisories for PFAS: Fact Sheet for Communities, 1 (2022) available at
https://www.epa.gov/system/files/documents/2022-06/drinking-water-ha-pfas-factsheet-communities.pdf. BILL: SB 1692 Page 7
2023, EPA proposed MCLs for six types of PFAS known to occur in drinking water.
42
EPA is
proposing to regulate PFOA and PFOS at a level they can be reliably measured—4.0 ppt or
ng/L.
43
EPA is also proposing an enforceable MCL on a combination of PFBS, GenX chemicals,
and other types of PFAS. For these PFAS, water systems would use an approach called a hazard
index
44
to determine if the combined levels of these PFAS pose a potential risk. This approach
protects communities from the additive effects of multiple PFAS when they occur together.
45
EPA’s proposed rule would also require public water systems to:
Monitor for these types of PFAS;
Notify the public of PFAS levels; and
Reduce PFAS levels in drinking water if they exceed the proposed standards.
46
In Florida, the Department of Health (DOH) has established a lifetime drinking water HAL for
PFOA and PFOS of 70 ppt or ng/L, applied to PFOA and PFOS individually or combined.
47
This
is consistent with EPA’s initial HAL for these contaminants.
Under s. 376.91, F.S., if EPA has not finalized its standards for PFAS by January 1, 2025, DEP
must adopt rules providing statewide cleanup target levels (CTLs) for PFAS in drinking water,
groundwater, and soil with priority given to PFOA and PFOS. The rules for statewide CTLs for
PFOA and PFOS may not take effect until ratified by the Legislature.
48
A CTL is the
concentration for each contaminant identified by an applicable analytical test method, in the
medium of concern, at which a site rehabilitation program is deemed complete.
49
DEP
establishes by rule CTLs for specific contaminants.
50
These CTLs apply to requirements for site
rehabilitation across numerous programs.
42
88 Fed. Reg. 18638, 18641 (Mar. 29, 2023); EPA, Proposed PFAS National Primary Drinking Water Regulation,
https://www.epa.gov/sdwa/and-polyfluoroalkyl-substances-pfas (last visited Jan. 16, 2024).
43
Id.; 88 Fed. Reg. 18638, 18666.
44
The Hazard Index is a tool used to evaluate health risks of simultaneous exposure to mixtures of related chemicals. EPA,
Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 4 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
45
EPA, Fact Sheet: EPA’s Proposal to Limit PFAS in Drinking Water, 1-2 (2023), available at
https://www.epa.gov/system/files/documents/2023-04/Fact%20Sheet_PFAS_NPWDR_Final_4.4.23.pdf.
46
EPA, Proposed PFAS National Primary Drinking Water Regulation, https://www.epa.gov/sdwa/and-polyfluoroalkyl-
substances-pfas (last visited Jan. 16, 2024).
47
DEP, PFAS Dynamic Plan, 5 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
48
Section 376.91(2)(a), F.S.
49
Section 376.301(8), F.S.
50
See generally Fla. Admin. Code Ch. 62-777. BILL: SB 1692 Page 8
DEP’s provisional groundwater and soil CTLs for PFOA and PFOS are as follows:
51
Provisional CTLs
Groundwater
Soil
Residential
Commercial/
Industrial
70 ng/L 1.3 mg/kg 25 mg/kg
ng/L = nanograms per liter (parts per trillion)
mg/kg = milligram per kilogram (parts per million)
DEP has also developed screening levels for irrigation and surface water, which are not
considered CTLS and are not enforceable.
52
The screening levels for surface water consider the
protection of human health for the consumption of freshwater and estuarine finfish and
shellfish.
53
Provisional Surface Water Screening Levels
Human Health* Ecological
Freshwater and Estuarine
Finfish and Shellfish
Freshwater Marine
PFOA 0.5 µg/L 1,300 µg/L
Not enough
data
PFOS 0.01 µg/L 37 µg/L 13 µg/L
µg/L = microgram per liter (parts per billion)
* Human Health values are based on a Probabilistic Risk Assessment
Provisional Irrigation Water Screening Levels
Residential
Commercial/
Industrial
Produce
PFOA 6.7 µg/L 750 µg/L NA
PFOS 72 µg/L 370 µg/L 0.6 µg/L
µg/L = microgram per liter (parts per billion)
1,4-Dioxane
1,4-dioxane is a man-made chemical widely used in laboratory and manufacturing processes and
has been a byproduct of chemicals used in personal care products, laundry detergents, and
51
DEP, PFAS Dynamic Plan, 10 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
52
Id. at 10-11.
53
Id. at 10. BILL: SB 1692 Page 9
food.
54
It has also been used as a stabilizer for chlorinated solvents and in the production of
medicines and glues. 1,4-dioxane is found in paints, lacquers, dyes, waxes, greases, cosmetics,
detergents, and other consumer products. It is also found in food from packaging material, in
some food supplements, and on crops treated with pesticides containing 1,4-dioxane.
55
1,4-
dioxane is released into the environment in places where it is produced and used, contaminating
the air, groundwater, and soil.
56
While 1,4-dioxine does not accumulate in plants or animals over
time, it normally does not break down in groundwater.
57
1,4-dioxane has been identified as a contaminant of emerging concern and as a likely human
carcinogen.
58
Exposure to 1,4-dioxane can cause nausea, drowsiness, headache, irritation of the
eyes, nose, and throat, liver and kidney damage, and death. People can be exposed to this
chemical by:
Drinking contaminated tap water;
Breathing it in after it has been released into the air during bathing or laundering clothes with
contaminated water;
Getting it on their skin from contaminated soil;
Eating contaminated foods.
59
Regulations and Guidance
DEP enforces state regulated levels for 1,4-dioxane in groundwater, surface water, and soil
pursuant to Chapters 62-780 and 62-777 of the Florida Administrative Code as follows:
60
Groundwater Surface Water
Soil
Residential Commercial
3.2 µg/L 120 µg/L 23 mg/kg 38 mg/kg
µg/L = microgram per liter (parts per billion)
mg/kg = milligram per kilogram (parts per million)
54
DOH, 1,4-Dioxane, 1 (2021), available at https://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/final-faq-
14dx.pdf#:~:text=The%20current%20EPA%20Health%20Advisory%20Level%20%28HAL%29%20for,added%20to%20ap
proximately%20150%20million%20gallons%20of%20water.
55
Id.
56
Id.
57
Id.
58
Id.
59
Id.
60
DOH, 1,4-Dioxane, 2 (2021), available at https://www.floridahealth.gov/environmental-health/hazardous-waste-
sites/contaminant-facts/_documents/final-faq-
14dx.pdf#:~:text=The%20current%20EPA%20Health%20Advisory%20Level%20%28HAL%29%20for,added%20to%20ap
proximately%20150%20million%20gallons%20of%20water. BILL: SB 1692 Page 10
EPA has not established a drinking water MCL for 1,4-dioxane. However, EPA and DOH have
set a drinking water HAL of 0.35 micrograms per liter (µg/L).
61
There is no required routine
sampling of public or private drinking water wells for this chemical.
62
III. Effect of Proposed Changes:
Section 1 creates s. 376.92, F.S., regarding contaminants of emerging concern. The bill creates
the Per- and Polyfluoroalkyl Substances (PFAS) and 1,4-Dioxane Pretreatment Initiative within
the Department of Environmental Protection (DEP). The bill defines “PFAS” as per- and
polyfluoroalkyl substances, including perfluorooctanoic acid (PFOA) and perfluorooctane
sulfonate (PFOS).
The bill provides that the purpose of the initiative is to coordinate wastewater facility industrial
pretreatment programs. The bill defines “pretreatment” as the reduction of the amount of
pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in
wastewater before or in lieu of discharging or otherwise introducing such pollutants into a
wastewater facility. The reduction or alteration may be obtained by physical, chemical, or
biological processes, by process changes, or by other means, except as prohibited by rule 62-
625.410(5) of the Florida Administrative Code.
63
The bill defines “wastewater facility” as a facility that discharges waste into waters of the state or
which can reasonably be expected to be a source of water pollution and includes any of the
following:
The collection and transmission system.
The wastewater treatment works.
The reuse or disposal system.
The biosolids management facility.
Wastewater facilities must complete and provide to DEP between June 1, 2025, and July 1, 2025,
an inventory of industrial users to identify probable sources of PFOS, PFOA, or 1,4-dioxane. The
bill defines “industrial users” as a source of a discharge.
The bill also requires DEP to provide written guidance to all wastewater facilities with industrial
pretreatment programs on or before September 1, 2024, which includes, but is not limited to, the
industry types and other known at-risk sites that should be included as part of each wastewater
facility’s inventory of probable sources of PFOS, PFOA, or 1,4-dioxane discharge. The bill
provides that, on or before January 1, 2025, a member of the public may recommend to the
wastewater facilities and DEP industrial users that should be included in the probable sources
inventory of each wastewater facility with an industrial pretreatment program.
Wastewater facilities must, on or before March 1, 2025, provide notice to DEP and any industrial
user that has been initially identified by the inventory as being a probable source of PFOS,
PFOA, or 1,4-dioxane discharges. The notice must include a statement that the identified
61
DOH, 1,4-Dioxane Fact Sheet 1 (2016), available at https://www.floridahealth.gov/environmental-health/drinking-
water/_documents/dioxanefs2016updated.pdf.
62
Id.
63
Rule 62-625.410(5) of the Florida Administrative Code prohibits dilution as a substitute for treatment. BILL: SB 1692 Page 11
industrial users may become subject to applicable pretreatment standards and requirements,
including specific discharge limits for PFOS, PFOA, or 1,4-dioxane pursuant to the pretreatment
program, and that these contaminants may be controlled through permit, order, or similar means
beginning on July 1, 2026. The bill provides that an industrial user may respond to the notice by
May 1, 2025, to provide any compelling information as to why the industrial user is not a
probable source of PFOS, PFOA, or 1,4-dioxane discharge.
Wastewater facilities must:
Submit to DEP the final inventory of the industrial users that are subject to applicable
pretreatment standards and requirements, including specific discharge limits for PFOS,
PFOA, or 1,4-dioxane; and
Provide notice to the industrial users on the list that such users will be issued permits, orders,
or similar measures to enforce applicable pretreatment standards and requirements for PFOS,
PFOA, or 1,4-dioxane beginning on July 1, 2026.
The wastewater facility and DEP must encourage an industrial user identified by the final
inventory to take action to reduce the likelihood that its PFOS, PFOA, or 1,4-dioxane discharges
exceed specific discharge limits before the issuance of a permit, order, or similar measures to
enforce applicable pretreatment standards and requirements.
Wastewater facilities must issue a permit, order, or similar measure to enforce applicable
pretreatment standards and requirements for PFOS, PFOA, or 1,4-dioxane, including specific
discharge limits, which will become effective on July 1, 2026. A wastewater facility must require
that each industrial user perform self-monitoring and sampling and meet reporting, notification,
and record-keeping requirements, including identification of how the industrial user shall
monitor PFOS, PFOA, or 1,4-dioxane, sampling locations, sampling frequency, and sample
types.
Finally, wastewater facilities must complete, between July 1, 2026, and January 1, 2027, a grab
sampling at each identified industrial user’s facilities and other at-risk sites that are probable
sources of PFOS, PFOA, or 1,4-dioxane discharges. If the self-reported data or a DEP grab
sample is at or above specified discharge limits for PFOS, PFOA, or 1,4-dioxane, the wastewater
facility must implement appropriate corrective action, including:
The use of best management practices,
Changes in processes,
Product replacements,
Equipment or tank change-outs or clean-outs, or
Pretreatment technologies to reduce or eliminate PFOS, PFOA, or 1,4-dioxane..
The corrective actions must be implemented at industrial facilities or other at risk sites on or
before July 1, 2027.
The bill provides that a wastewater facility that begins implementing an industrial pretreatment
program after July 1, 2024, must complete an inventory of industrial users to identify probable
sources of PFOS, PFOA, or 1,4-dioxane discharges and must issue a permit, order, or similar BILL: SB 1692 Page 12
measure to enforce applicable pretreatment standards and requirements consistent with this
section.
The bill provides that DEP may expand the initiative to other wastewater treatment plants to
include wastewater facilities permitted under the National Pollutant Discharge Elimination
System.
The bill also provides that, beginning July 1, 2026, the following specific discharge limits and
surface water quality standards for PFOS, PFOA, and 1,4-dioxane are established for industrial
users until new specific discharge limits are adopted by DEP using criteria set forth in s.
376.30701, F.S.,
64
and ratified by the Legislature:
For PFOS, 10 nanograms per liter.
For PFOA, 170 nanograms per liter.
For 1,4-dioxane, 200,000 nanograms per liter.
The bill requires DEP to incorporate the interim surface water quality standards for PFOS,
PFOA, or 1,4-dioxane into the permitting requirements for wastewater facilities with industrial
pretreatment programs with an industrial user that has a self-reported violation of discharge
limits or if the wastewater facility has taken a grab sample at or above discharge limits for PFOS,
PFOA, or 1,4-dioxane. The bill also requires DEP to create a schedule for ongoing sampling,
reporting, and compliance for wastewater facilities with these new permitting requirements for
PFOS, PFOA, and 1,4-dioxane.
The bill also provides that, on or before July 1, 2027, an entity may not be subject to civil or
criminal penalties for violations of this section. After July 1, 2027, DEP must take into
consideration the financial situation and the costs of implementing best management practices
and other corrective actions for each wastewater facility out of compliance with its permit, order,
or similar means when considering enforcement actions for violations of applicable pretreatment
standards and requirements or violations of water quality standards.
Section 2 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, section 18 of the Florida Constitution provides in part that a county or
municipality may not be bound by a general law requiring a county or municipality to
spend funds or take an action that requires the expenditure of funds unless certain
specified exemptions or exceptions are met. However, an exception to the
county/municipality provisions of Article VII, section 18 of the Florida Constitution may
apply. The bill is expected to impact wastewater facilities with industrial pretreatment
programs, which are programs administered by a public utility.
65
Under current
regulations,
64
Section 376.30701, F.S., relates to the application of risk-based corrective action principles to contaminated sites.
65
See Fla. Admin. Code R. 62-625.200(18). BILL: SB 1692 Page 13
a public utility is defined as any state, county, or municipality owning, managing,
controlling or operating a domestic wastewater treatment facility.
66
Because the bill
would have the same impact on state and local wastewater facilities, it likely complies
with the constitutional exception for all persons similarly situated, including the state and
local governments. Accordingly, the bill may be excepted from the mandate provisions if
the Legislature determines that the bill fulfills an important state interest.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Under the bill without the correction in technical deficiencies, any source that discharges
would be an industrial user. Private industrial users may incur costs related to complying
with applicable pretreatment standards and requirements.
C. Government Sector Impact:
Public wastewater facilities may incur costs related to fulfilling the requirements under
this bill, including identifying and providing notice to industrial users, conducting grab
sampling, and monitoring and enforcing compliance with the bill’s discharge limits. The
Department of Environmental Protection may also incur costs related to the requirements
of this bill, including providing written guidance to wastewater facilities and
incorporating the interim surface water quality standards into the permitting requirements
for certain wastewater facilities.
VI. Technical Deficiencies:
The bill defines “industrial user” broadly as a source of discharge. For more specificity, staff
recommends defining this term as a nondomestic source of discharge. Staff also recommends
changing “waste water” to “wastewater” on line 70.
66
Fla. Admin. Code R. 62-625.200(21). BILL: SB 1692 Page 14
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill creates section 376.92 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.