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: CS/SB 1692
INTRODUCER: Committee on Environment and Natural Resources and Senator Brodeur
SUBJECT: Preventing Contaminants of Emerging Concern from Discharging Into Wastewater
Facilities and Waters of the State
DATE: January 24, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Barriero Rogers EN Fav/CS
2. AEG
3. FP
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 1692 creates the Per- and Polyfluoroalkyl Substances (PFAS) and 1,4-Dioxane
Pretreatment Initiative within the Department of Environmental Protection (DEP) to prevent
contaminants of emerging concern from entering the waters of the state through wastewater
facilities. The bill provides:
By November 1, 2024, DEP must provide specific guidance to wastewater facilities with an
industrial pretreatment program on the types of industrial users to be included in a required
inventory of industrial users that are probable sources of 1,4-dioxane or certain types of
PFAS;
By July 1, 2025, each such wastewater facility must submit such an inventory to DEP, and
DEP must develop its own inventory of major facilities that discharge directly into surface
waters that are probable sources of these contaminants;
DEP and wastewater facilities must provide written notice to all identified industrial users
that they have been identified as a probable source of these contaminants and will be issued
permits, orders, or other similar measures to enforce applicable pretreatment standards as
early as one year after the written notice is sent; and
Such permits, orders, or other similar measures must be issued by July 1, 2027.
The bill provides interim 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 established.
REVISED: BILL: CS/SB 1692 Page 2
The interim limits go into effect beginning July 1, 2025. The bill allows a wastewater facility to
develop and propose local limits for these contaminants to DEP.
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: CS/SB 1692 Page 3
Biosolids
When domestic wastewater is treated, solid, semisolid, or liquid residue known as biosolids
10
accumulates in the wastewater treatment plant and must be removed periodically to keep the
plant operating properly.
11
Biosolids also include products and treated material from biosolids
treatment facilities and septage management facilities regulated by DEP.
12
The collected residue
is high in organic content and contains moderate amounts of nutrients.
13
According to DEP’s estimates in 2019, wastewater treatment facilities produce about 340,000
dry tons of biosolids each year.
14
Biosolids can be disposed of in several ways: transfer to
another facility, placement in a landfill, distribution and marketing as fertilizer, incineration,
bioenergy, and land application to pasture or agricultural lands.
15
In 2019, about one-third of the
total amount of biosolids produced was used for land application
16
and is subject to regulatory
requirements established by DEP to protect public health and the environment.
17
There is increasing concern over the presence of per- and polyfluoroalkyl substances (PFAS) in
biosolids. While many PFASs have been found in biosolids, perfluorooctanoic acid (PFOA) and
perfluorooctane sulfonic acid (PFOS) are among the most abundant.
18
PFAS in biosolids is the
result of the continued manufacture and use of these compounds throughout society, including by
households, as well as industrial discharges of PFAS to wastewater.
19
EPA’s Office of Water, the
Environmental Council of the States, and the National Association of State Departments of
Agriculture have jointly developed Principles for Preventing and Managing PFAS in Biosolids.
20
EPA is also currently conducting a risk assessment for PFOA and PFOS in biosolids, which is
expected to be completed by December 2024.
21
10
Biosolids are the solid, semisolid, or liquid residue generated during the treatment of domestic wastewater in a domestic
wastewater treatment facility and include products and treated material from biosolids treatment facilities and septage
management facilities. The term does not include the treated effluent or reclaimed water from a domestic wastewater
treatment facility, solids removed from pump stations and lift stations, screenings and grit removed from the preliminary
treatment components of domestic wastewater treatment facilities, or ash generated during the incineration of biosolids.
Section 373.4595, F.S.
11
DEP, Domestic Wastewater Biosolids, https://floridadep.gov/water/domestic-wastewater/content/domestic-wastewater-
biosolids (last visited Jan. 24, 2024).
12
Fla. Admin. Code R. 62-640.200(6).
13
DEP, Domestic Wastewater Biosolids.
14
DEP, Biosolids in Florida, 5 (2019), available at https://www.florida-
stormwater.org/assets/MemberServices/Conference/AC19/02%20-
%20Frick%20Tom.pdf#:~:text=Biosolids%20and%20Management%20in%20Florida%20Estimated%20Total%20Production
,two-thirds%20are%20beneficially%20used%20and%20onethird%20is%20landfilled.
15
Id. at 4.
16
Id. at 5.
17
Fla. Admin. Code R. 62-640.
18
EPA, EPA Biosolids PFOA & PFOS Problem Formulation Meeting Summary, 1 (2020), available at
https://www.epa.gov/sites/default/files/2021-02/documents/biosolids-pfoa-pfos-meeting-summary-nov-2020.pdf.
19
EPA, Joint Principles for Preventing and Managing PFAS in Biosolids, 1 (2023), available at
https://www.epa.gov/system/files/documents/2023-07/Joint-Principles-Preventing-Managing-PFAS.pdf.
20
EPA, Joint Principles for Preventing and Managing PFAS in Biosolids, https://www.epa.gov/biosolids/joint-principles-
preventing-and-managing-pfas-biosolids (last visited Jan. 24, 2024).
21
EPA, Risk Assessment of Pollutants in Biosolids. BILL: CS/SB 1692 Page 4
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;
22
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.
23
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).
24
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.
25
Each day during any portion of which such violation occurs constitutes a separate
offense.
26
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.
27
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.
28
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
22
“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.
23
Sections 376.302(2) and 403.141(1), F.S.
24
Sections 376.302(2) and 376.311, F.S.
25
Section 376.302(3), F.S.
26
Id.
27
Section 376.302(4), F.S.
28
Id. BILL: CS/SB 1692 Page 5
expected.
29
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.
30
PFAS
PFAS are a large and complex class of synthetic chemicals that are resistant to heat, water, and
oil.
31
PFOA and PFOS are two of the most widely used and studied chemicals in the PFAS
group.
32
PFOA and PFOS have been replaced in the U.S. with other PFAS in recent years.
33
In
chemical and product manufacturing, GenX chemicals are considered a replacement for PFOA,
and perfluorobutane sulfonate (PFBS) is considered a replacement for PFOS.
34
PFAS have been used in a wide variety of consumer products and industrial processes since the
1940s.
35
Most people in the U.S. have been exposed to PFAS, primarily through touching,
drinking, eating, or breathing in materials containing these chemicals.
36
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;
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.
37
29
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).
30
Id.
31
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
32
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.
33
Id.
34
Id.
35
EPA, PFAS Explained, 2 (2023), available at https://www.epa.gov/system/files/documents/2023-10/final-virtual-pfas-
explainer-508.pdf.
36
Id.
37
Id. BILL: CS/SB 1692 Page 6
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.
38
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.
39
Our understanding of these chemicals and their impact on human health is incomplete, and PFAS
regulatory and technical developments are quickly evolving.
40
Currently, technologies capable of
reducing PFAS in drinking water include granular activated carbon, anion exchange resins,
reverse osmosis, and nanofiltration.
41
In Florida, widespread use of PFAS has led to contamination of state groundwater resources,
including private and public potable supply wells.
42
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.
43
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.
44
EPA may also require monitoring of public water systems.
45
38
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).
39
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.
40
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
41
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.
42
DEP, PFAS Dynamic Plan, 3 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
43
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).
44
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.
45
EPA, Proposed PFAS National Primary Drinking Water Regulation, https://www.epa.gov/sdwa/and-polyfluoroalkyl-
substances-pfas (last visited Jan. 16, 2024). BILL: CS/SB 1692 Page 7
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.
46
HALs are developed when a
chemical is found in drinking water but no MCL has been established.
47
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.
48
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.
49
In 2016, EPA published drinking water HALs for PFOA and PFOS of 70 parts per trillion
(ppt).
50
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.
51
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.
52
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.
53
In March
2023, EPA proposed MCLs for six types of PFAS known to occur in drinking water.
54
EPA is
proposing to regulate PFOA and PFOS at a level they can be reliably measured—4.0 ppt or
ng/L.
55
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
46
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.
47
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).
48
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.
49
Id.
50
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).
51
87 Fed. Reb. 36848, 36849 (June 21, 2022).
52
Id.
53
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.
54
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).
55
Id.; 88 Fed. Reg. 18638, 18666. BILL: CS/SB 1692 Page 8
index
56
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.
57
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.
58
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.
59
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.
60
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.
61
DEP
establishes by rule CTLs for specific contaminants.
62
These CTLs apply to requirements for site
rehabilitation across numerous programs.
DEP’s provisional groundwater and soil CTLs for PFOA and PFOS are as follows:
63
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)
56
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.
57
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.
58
EPA, Proposed PFAS National Primary Drinking Water Regulation, https://www.epa.gov/sdwa/and-polyfluoroalkyl-
substances-pfas (last visited Jan. 16, 2024).
59
DEP, PFAS Dynamic Plan, 5 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf.
60
Section 376.91(2)(a), F.S.
61
Section 376.301(8), F.S.
62
See generally Fla. Admin. Code Ch. 62-777.
63
DEP, PFAS Dynamic Plan, 10 (2022), available at
https://floridadep.gov/sites/default/files/Dynamic_Plan_March_2022.pdf. BILL: CS/SB 1692 Page 9
DEP has also developed screening levels for irrigation and surface water, which are not
considered CTLS and are not enforceable.
64
The screening levels for surface water consider the
protection of human health for the consumption of freshwater and estuarine finfish and
shellfish.
65
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
food.
66
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.
67
1,4-
dioxane is released into the environment in places where it is produced and used, contaminating
the air, groundwater, and soil.
68
While 1,4-dioxine does not accumulate in plants or animals over
time, it normally does not break down in groundwater.
69
64
Id. at 10-11.
65
Id. at 10.
66
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.
67
Id.
68
Id.
69
Id. BILL: CS/SB 1692 Page 10
1,4-dioxane has been identified as a contaminant of emerging concern and as a likely human
carcinogen.
70
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 water sourced from surface water contaminated with 1,4-dioxane
discharged from industrial facilities;
71
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.
72
Regulations and Guidance
DEP has established CTLs 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:
73
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)
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).
74
There is no required routine
sampling of public or private drinking water wells for this chemical.
75
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 purpose of the initiative is to prevent contaminants of emerging concern,
including PFOS, PFOA, and 1,4-dioxane, from entering the waters of the state through
wastewater facilities. The bill requires DEP to coordinate with wastewater facilities to implement
the pretreatment of contaminants of emerging concern pursuant to this bill. The bill defines
70
Id.
71
EPA, Final Risk Evaluation for 1,4-Dioxane, https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/final-
risk-evaluation-14-dioxane (last visited Jan. 24, 2024).
72
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.
73
Id.
74
DOH, 1,4-Dioxane Fact Sheet 1 (2016), available at https://www.floridahealth.gov/environmental-health/drinking-
water/_documents/dioxanefs2016updated.pdf.
75
Id. BILL: CS/SB 1692 Page 11
“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.
76
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.
The bill provides that by November 1, 2024, DEP must provide specific guidance to wastewater
facilities with an industrial pretreatment program on the types of industrial users to be included
in a required inventory of industrial users that are probable sources of PFOS, PFOA, or 1,4-
dioxane. The bill defines “industrial user” as a nondomestic source of a discharge. Upon issuance
of DEP’s guidance, each such wastewater facility must conduct such an inventory and submit it
to DEP by July 1, 2025.
Within 30 days after submitting the inventory to DEP, the wastewater facility must send all
industrial users identified in the wastewater facility’s inventory a written notice that the
industrial user has been identified as a probable source of PFOS, PFOA, or 1,4-dioxane. The
notice must:
Inform the industrial user that it will be issued permits, orders, or similar measures to enforce
applicable pretreatment standards for PFOS, PFOA, or 1,4-dioxane, including specific
discharge limits, as early as 1 year after the date the written notice has been sent to the user
by wastewater facility; and
Encourage the industrial user to take action to reduce the probability that PFOS, PFOA, or
1,4-dioxane discharges exceed specific discharge limits before permits, orders, or similar
measures are issued to enforce applicable pretreatment standards and requirements.
The bill provides that all industrial users identified as probable sources of PFOS, PFOA, or 1,4-
dioxane discharges must be issued permits, orders, or similar measures to enforce applicable
pretreatment standards and requirements for PFOS, PFOA, or 1,4-dioxane by July 1, 2027. Each
permit, order, or similar measure must include monitoring, sampling, reporting, and
recordkeeping requirements.
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, an order, or a
similar measure to enforce applicable pretreatment standards and requirements consistent with
this bill.
76
Rule 62-625.410(5) of the Florida Administrative Code prohibits dilution as a substitute for treatment. BILL: CS/SB 1692 Page 12
The bill allows DEP to expand the initiative to other wastewater treatment plants to include
wastewater facilities permitted under the National Pollutant Discharge Elimination System
(NPDES).
The bill also provides that, by July 1, 2025, DEP must complete an inventory of all industrial
users that are major facilities that discharge directly to surface waters to identify probable
sources of PFOS, PFOA, or 1,4-dioxane discharges. The bill defines a “major facility” as a
facility or an activity permitted under the NPDES which is classified as such by the United States
Environmental Protection Agency with the concurrence of the department. DEP must issue a
notice to such a major facility specifying that the facility has been identified as a probable source
of PFOS, PFOA, or 1,4-dioxane discharges. DEP must issue to the major facility a permit, an
order, or a similar measure to enforce applicable pretreatment standards and requirements
consistent with this bill.
The bill also provides that, beginning July 1, 2025, the following interim 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 established:
For PFOS, 10 nanograms per liter.
For PFOA, 170 nanograms per liter.
For 1,4-dioxane, 200,000 nanograms per liter.
The bill allows a wastewater facility to develop and propose local limits for PFOS, PFOA, or
1,4-dioxane to DEP and may include the local limits in permits, orders, or similar measures once
they are approved by DEP.
In addition, the bill provides that an industrial user is not subject to civil or criminal penalties for
violations of applicable pretreatment standards and requirements for PFOS, PFOA, or 1,4-
dioxane during the first 2 years after a permit, an order, or a similar measure is issued to the
industrial user. A wastewater facility and DEP must take into consideration the costs of
implementing best management practices and other corrective actions when taking enforcement
action for violations of discharge limits and other applicable pretreatment standards and
requirements for PFOS, PFOA, or 1,4-dioxane.
Section 2 provides that the Legislature finds that this act fulfills an important state interest.
Section 3 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 BILL: CS/SB 1692 Page 13
programs, which are programs administered by a public utility.
77
Under current
regulations, a public utility is defined as any state, county, or municipality owning,
managing, controlling or operating a domestic wastewater treatment facility.
78
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:
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 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, identifying and providing notice to
major facilities that are probable sources of 1,4-dioxane and certain types of PFAS, and
issuing permits, orders, or other similar measures accordingly.
VI. Technical Deficiencies:
When material other than Florida law is incorporated in a statute by reference, only the version
of that material in existence at the time the Legislature made the incorporation will be given
effect. Instead of codifying a reference to a rule, staff recommends revising the sentence on lines
77
See Fla. Admin. Code R. 62-625.200(18).
78
Fla. Admin. Code R. 62-625.200(21). BILL: CS/SB 1692 Page 14
73-76 to read, “The reduction or alteration may be obtained by physical, chemical, or biological
processes, by process changes, or by other means, except dilution.”
In addition, because “wastewater treatment plants” is not defined in the bill, staff recommends
removing this language on line 131 of the bill so the sentence reads, “The department may
expand the initiative to other wastewater facilities permitted under the National Pollutant
Discharge Elimination System.”
VII. Related Issues:
The bill does not provide criteria or guidelines on how the Department of Environmental
Protection would determine if a proposed local limit should be approved.
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.)
CS by Environment and Natural Resources on January 23, 2024:
The amendment:
Narrows the definition of “industrial user” to a nondomestic source of a discharge;
Extends the deadline for the Department of Environmental Protection (DEP) to issue
guidance to wastewater facilities from September 1, 2024, to November 1, 2024, and
amends other deadlines;
Changes the date the interim discharge limits go into effect from July 1, 2026, to July
1, 2025;
Removes the provision allowing recommendations from members of the public on
industrial users that should be included in the inventory;
Removes requirement that wastewater facilities complete a grab sampling at each
identified industrial user’s facility;
Requires DEP to create an inventory of industrial users that are major facilities
discharging directly to surface waters (DEP’s inventory is separate from that required
of wastewater facilities), provide notice to such facilities if they are identified as a
probable source of PFOS, PFOA, and 1,4-dioxane, and issue permits or other
enforcement measures accordingly;
Defines “major facility” as a facility or an activity permitted under the National
Pollutant Discharge Elimination System which is classified as such by the United
States Environmental Protection Agency with the concurrence of DEP;
Allows wastewater facilities to propose local limits for PFOS, PFOA, and 1,4-
dioxane, which must be approved by DEP;
Amends the penalties provision to provide that an industrial user is not subject to civil
or criminal penalties during the first two years after a permit, an order, or similar BILL: CS/SB 1692 Page 15
measures is used to the industrial user (instead of allowing such penalties after July 1,
2027); and
Provides that this act fulfills an important state interest.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.