EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
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*hb1153*
HOUSE BILL 1153
M3 (4lr2015)
ENROLLED BILL
— Environment and Transportation/Education, Energy, and the Environment —
Introduced by Delegates Love and Ivey, Ivey, Allen, Boyce, Foley, Guyton, Healey,
Lehman, J. Long, Ruth, Stein, and Terrasa
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Environment – Water Pollution Control – Protecting State Waters From PFAS 2
Pollution 3
(Protecting State Waters From PFAS Pollution Act) 4
FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water, 5
including stormwater, discharged from a certain significant industrial user; 6
requiring a certain significant industrial user to reduce PFAS chemicals from the 7
water it discharges to a publicly owned treatment works in a certain manner; 8
requiring the Department of the Environment to identify certain significant 9
industrial users in a certain manner by a certain date; requiring the Department to 10
develop certain PFAS monitoring and testing criteria for certain users in a certain 11
manner by a certain date; requiring the Department to develop certain PFAS action 12
levels and certain mitigation plans in a certain manner by a certain date; requiring 13
a certain significant industrial user to store, reuse, and dispose of certain PFAS 14 2 HOUSE BILL 1153
chemicals in a certain manner; authorizing a certain significant industrial user to 1
dispose of stored PFAS chemicals in a certain manner and in accordance with certain 2
requirements; requiring a certain significant industrial user to measure levels of 3
organic fluorine PFAS chemicals in industrial wastewater by a certain date and to 4
report those levels to the Department of the Environment; requiring the Department 5
to update a certain action plan on or before a certain date; and generally relating to 6
State waters and PFAS pollution. 7
BY repealing and reenacting, without amendments, 8
Article – Environment 9
Section 9–101(a) through (c), (g), and (i) 10
Annotated Code of Maryland 11
(2014 Replacement Volume and 2023 Supplement) 12
BY adding to 13
Article – Environment 14
Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII. 15
Protecting State Waters From PFAS Pollution” 16
Annotated Code of Maryland 17
(2014 Replacement Volume and 2023 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Environment 21
9–101. 22
(a) In this title the following words have the meanings indicated. 23
(b) “Discharge” means: 24
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant 25
into the waters of this State; or 26
(2) The placing of a pollutant in a location where the pollutant is likely to 27
pollute. 28
(c) (1) “Disposal system” means a system for disposing of wastes by surface, 29
above surface, or underground methods. 30
(2) “Disposal system” includes a treatment works and a disposal well. 31
(g) “Pollutant” means: 32
(1) Any waste or wastewater that is discharged from: 33
HOUSE BILL 1153 3
(i) A publicly owned treatment works; or 1
(ii) An industrial source; or 2
(2) Any other liquid, gaseous, solid, or other substance that will pollute any 3
waters of this State. 4
(i) “Publicly owned treatment works” means a facility that is: 5
(1) Owned by this State or a political subdivision, municipal corporation, 6
or other public entity; and 7
(2) Used for the treatment of pollutants. 8
9–351. RESERVED. 9
9–352. RESERVED. 10
PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 11
9–353. 12
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 13
INDICATED. 14
(B) (1) “INDUSTRIAL USER ” MEANS: 15
(1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING , 16
FABRICATING, OR ASSEMBLING GOODS ; OR 17
(2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 18
POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY: 19
(I) 1. THE SECRETARY; OR 20
(II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 21
PROTECTION AGENCY. 22
(2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE, 23
AND LOCAL GOVERNMENT S. 24
(C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 25
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 26
INCLUDING PERFLUOROA LKYL AND POLYFLUOROALKYL SUBSTANCES. 27
4 HOUSE BILL 1153
(D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE 1
DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT 2
INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED 3
TREATMENT WORKS IN C OMPLIANCE WITH THE PRETRE ATMENT REQUIREMENTS 4
UNDER COMAR 26.08.01.01A(69). 5
(E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER 6
THAT: 7
(1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS 8
UNDER 40 C.F.R. PART 403.6; 9
(2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR 10
MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS, 11
NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN 12
WASTEWATER ; 13
(3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP 14
5% OR MORE OF THE AVERAGE DRY –WEATHER HYDRAULIC OR ORGANIC CAPACITY 15
OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR 16
(4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY 17
THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL 18
USER HAS: 19
(I) 1. A REASONABLE POTENTIAL FOR ADVERS ELY 20
AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER 21
SYSTEM; OR 22
(II) 2. VIOLATED A PRETREATME NT STANDARD OR 23
REQUIREMENT . 24
(2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE 25
FEDERAL, STATE, AND LOCAL GOVERNMENT S. 26
(F) “WATERS OF THE STATE” INCLUDE: 27
(1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE 28
BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 29
(2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 30
BOUNDARIES OF THE STATE; 31
(3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES; 32 HOUSE BILL 1153 5
(4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX 1
DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 2
DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITARY SEWAG E; AND 3
(5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY 4
THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 5
9–354. 6
(A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT : 7
(1) HAS A PRETREATMENT PE RMIT; AND 8
(2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS 9
CHEMICALS; OR 10
(II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS 11
CHEMICAL USE IS KNOW N OR REASONABLY KNOW N. 12
(B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF 13
PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D 14
TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER 15
1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED 16
TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY 17
THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE 18
PFAS CHEMICALS. 19
(C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE 20
FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL 21
DEVELOP PFAS MONITORIN G AND TESTING PROTOC OLS FOR SIGNIFICANT 22
INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS 23
SECTION. 24
(D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN 25
COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE 26
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 27
SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR 28
ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR 29
PRETREATMENT PERMITS . 30
(2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL , 31
IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE 32
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 33 6 HOUSE BILL 1153
SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDR ESSING 1
PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT 2
PERMITS. 3
(3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS 4
SUBSECTION SHALL INC LUDE STRATEGIES AND OPTIONS FOR REDUCING THE 5
PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING: 6
(I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING 7
PFAS CHEMICALS; 8
(II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL 9
DISCHARGES; 10
(III) DECONTAMINATING OR RE PLACING EQUIPMENT 11
CONTAMINATED WITH PFAS CHEMICALS; OR 12
(IV) USING ANY OTHER METHO D THE DEPARTMENT 13
DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS 14
CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 15
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 16
CHEMICALS IN WAT ER, THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 17
WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 18
INDUSTRIAL USER IS 4 PARTS PER TRILLION . 19
(D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 20
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 21
CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS 22
CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED 23
TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER 24
TRILLION, INCLUDING BY: 25
(1) SUBSTITUTING OR ELIMINATING PR ODUCTS CONTAINING PFAS 26
CHEMICALS; 27
(2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES; 28
(3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED 29
WITH PFAS CHEMICALS; OR 30
(4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL 31
PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS 32
CHEMICALS IN WATER . 33
HOUSE BILL 1153 7
(E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 1
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS 2
CHEMICALS, A SIGNIFICANT INDUST RIAL USER SH ALL SAFELY STORE PFAS 3
CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM 4
WATER IN ACCORDANCE WITH THIS SECTION . 5
(2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW , 6
REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 7
PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS . 8
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 9
SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 10
SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR 11
IN ANOTHER MANNER APPROVED BY T HE DEPARTMENT BY REGULAT ION. 12
(2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED 13
PFAS CHEMICALS IN ANY MAN NER INVOLVING : 14
(I) DISPOSAL AT A SOLID W ASTE LANDFILL; 15
(II) INCINERATION ; OR 16
(III) LAND APPLICATION . 17
(G) A SIGNIFICANT INDUSTRI AL USER SHALL: 18
(1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F 19
ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING 20
METHODS APPROVED BY THE DEPARTMENT ; AND 21
(II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS 22
CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE 23
DEPARTMENT ; 24
(2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS 25
SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER 26
DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS; 27
(3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 28
REQUEST TO: 29
(I) THE ATTORNEY GENERAL; 30
(II) THE DEPARTMENT ; 31 8 HOUSE BILL 1153
(III) A COUNTY COUNCIL ; 1
(IV) A STATE’S ATTORNEY; 2
(V) A CITY ATTORNEY; OR 3
(VI) ANY OTHER STATE OR LOCAL GOVERNMENTAL ENTITY ; AND 4
(4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 5
UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 6
(H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING 7
PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 8
PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 9
PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 10
LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 11
SUBSECTION (G)(1) OF THIS SECTION. 12
(I) ANY CONTRACT OR AGREEMEN T BETWEEN A SIGNIFIC ANT INDUSTRIAL 13
USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE 14
OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT 15
FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE 16
SUPERSEDED BY THIS S ECTION. 17
9–355. 18
ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 19
REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS 20
ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSUING A 21
PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 22
9–356. 23
(A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 24
EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 25
STATE IS A VIOLATION OF THE TERMS OF A PRETREA TMENT PERMIT . 26
(B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION, 27
THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 28
REGULATIONS ADOPTED BY THE DEPARTMENT . 29
SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025, 30
the Department of the Environment shall update the Department’s PFAS Action Plan with 31 HOUSE BILL 1153 9
an evaluation of disposal methods for PFAS chemicals and the progress made on the 1
requirements of this Act. 2
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
October July 1, 2024. 4
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.