MD
Maryland House Bill HB1153

Maryland 2024 Regular Session

Maryland House Bill HB1153 Compare Versions

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1- WES MOORE, Governor Ch. 556
21
3-– 1 –
4-Chapter 556
5-(House Bill 1153)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ Italics indicate opposite chamber/conference committee amendments.
9+ *hb1153*
810
9-Environment – Water Pollution Control – Protecting State Waters From PFAS
10-Pollution
11-(Protecting State Waters From PFAS Pollution Act)
11+HOUSE BILL 1153
12+M3 (4lr2015)
13+ENROLLED BILL
14+— Environment and Transportation/Education, Energy, and the Environment —
15+Introduced by Delegates Love and Ivey, Ivey, Allen, Boyce, Foley, Guyton, Healey,
16+Lehman, J. Long, Ruth, Stein, and Terrasa
1217
13-FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water,
14-including stormwater, discharged from a certain significant industrial user;
15-requiring a certain significant industrial user to reduce PFAS chemicals from the
16-water it discharges to a publicly owned treatment works in a certain manner;
17-requiring the Department of the Environment to identify certain significant
18-industrial users in a certain manner by a certain date; requiring the Department to
19-develop certain PFAS monitoring and testing criteria for certain users in a certain
20-manner by a certain date; requiring the Department to develop certain PFAS action
21-levels and certain mitigation plans in a certain manner by a certain date; requiring
22-a certain significant industrial user to store, reuse, and dispose of certain PFAS
23-chemicals in a certain manner; authorizing a certain significant industrial user to
24-dispose of stored PFAS chemicals in a certain manner and in accordance with certain
25-requirements; requiring a certain significant industrial user to measure levels of
26-organic fluorine PFAS chemicals in industrial wastewater by a certain date and to
27-report those levels to the Department of the Environment; requiring the Department
28-to update a certain action plan on or before a certain date; and generally relating to
29-State waters and PFAS pollution.
18+Read and Examined by Proofreaders:
3019
31-BY repealing and reenacting, without amendments,
32- Article – Environment
33-Section 9–101(a) through (c), (g), and (i)
34- Annotated Code of Maryland
35- (2014 Replacement Volume and 2023 Supplement)
20+_______________________________________________
21+Proofreader.
22+_______________________________________________
23+Proofreader.
3624
37-BY adding to
38- Article – Environment
39-Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII.
40-Protecting State Waters From PFAS Pollution”
41- Annotated Code of Maryland
42- (2014 Replacement Volume and 2023 Supplement)
25+Sealed with the Great Seal and presented to the Governor, for his approval this
4326
44- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
45-That the Laws of Maryland read as follows:
27+_______ day of _______________ at ________________________ o’clock, ________M.
4628
47-Article – Environment
29+______________________________________________
30+Speaker.
4831
49-9–101. Ch. 556 2024 LAWS OF MARYLAND
32+CHAPTER ______
5033
51-– 2 –
34+AN ACT concerning 1
5235
53- (a) In this title the following words have the meanings indicated.
36+Environment – Water Pollution Control – Protecting State Waters From PFAS 2
37+Pollution 3
38+(Protecting State Waters From PFAS Pollution Act) 4
5439
55- (b) “Discharge” means:
40+FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water, 5
41+including stormwater, discharged from a certain significant industrial user; 6
42+requiring a certain significant industrial user to reduce PFAS chemicals from the 7
43+water it discharges to a publicly owned treatment works in a certain manner; 8
44+requiring the Department of the Environment to identify certain significant 9
45+industrial users in a certain manner by a certain date; requiring the Department to 10
46+develop certain PFAS monitoring and testing criteria for certain users in a certain 11
47+manner by a certain date; requiring the Department to develop certain PFAS action 12
48+levels and certain mitigation plans in a certain manner by a certain date; requiring 13
49+a certain significant industrial user to store, reuse, and dispose of certain PFAS 14 2 HOUSE BILL 1153
5650
57- (1) The addition, introduction, leaking, spilling, or emitting of a pollutant
58-into the waters of this State; or
5951
60- (2) The placing of a pollutant in a location where the pollutant is likely to
61-pollute.
52+chemicals in a certain manner; authorizing a certain significant industrial user to 1
53+dispose of stored PFAS chemicals in a certain manner and in accordance with certain 2
54+requirements; requiring a certain significant industrial user to measure levels of 3
55+organic fluorine PFAS chemicals in industrial wastewater by a certain date and to 4
56+report those levels to the Department of the Environment; requiring the Department 5
57+to update a certain action plan on or before a certain date; and generally relating to 6
58+State waters and PFAS pollution. 7
6259
63- (c) (1) “Disposal system” means a system for disposing of wastes by surface,
64-above surface, or underground methods.
60+BY repealing and reenacting, without amendments, 8
61+ Article – Environment 9
62+Section 9–101(a) through (c), (g), and (i) 10
63+ Annotated Code of Maryland 11
64+ (2014 Replacement Volume and 2023 Supplement) 12
6565
66- (2) “Disposal system” includes a treatment works and a disposal well.
66+BY adding to 13
67+ Article – Environment 14
68+Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII. 15
69+Protecting State Waters From PFAS Pollution” 16
70+ Annotated Code of Maryland 17
71+ (2014 Replacement Volume and 2023 Supplement) 18
6772
68- (g) “Pollutant” means:
73+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
74+That the Laws of Maryland read as follows: 20
6975
70- (1) Any waste or wastewater that is discharged from:
76+Article – Environment 21
7177
72- (i) A publicly owned treatment works; or
78+9–101. 22
7379
74- (ii) An industrial source; or
80+ (a) In this title the following words have the meanings indicated. 23
7581
76- (2) Any other liquid, gaseous, solid, or other substance that will pollute any
77-waters of this State.
82+ (b) “Discharge” means: 24
7883
79- (i) “Publicly owned treatment works” means a facility that is:
84+ (1) The addition, introduction, leaking, spilling, or emitting of a pollutant 25
85+into the waters of this State; or 26
8086
81- (1) Owned by this State or a political subdivision, municipal corporation,
82-or other public entity; and
87+ (2) The placing of a pollutant in a location where the pollutant is likely to 27
88+pollute. 28
8389
84- (2) Used for the treatment of pollutants.
90+ (c) (1) “Disposal system” means a system for disposing of wastes by surface, 29
91+above surface, or underground methods. 30
8592
86-9–351. RESERVED.
93+ (2) “Disposal system” includes a treatment works and a disposal well. 31
8794
88-9–352. RESERVED.
95+ (g) “Pollutant” means: 32
8996
90-PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION.
97+ (1) Any waste or wastewater that is discharged from: 33
98+ HOUSE BILL 1153 3
9199
92-9–353.
93100
94- (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
95-INDICATED.
96- WES MOORE, Governor Ch. 556
101+ (i) A publicly owned treatment works; or 1
97102
98-– 3 –
99- (B) (1) “INDUSTRIAL USER ” MEANS:
103+ (ii) An industrial source; or 2
100104
101- (1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING ,
102-FABRICATING, OR ASSEMBLING GOODS ; OR
105+ (2) Any other liquid, gaseous, solid, or other substance that will pollute any 3
106+waters of this State. 4
103107
104- (2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF
105-POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY:
108+ (i) “Publicly owned treatment works” means a facility that is: 5
106109
107- (I) 1. THE SECRETARY; OR
110+ (1) Owned by this State or a political subdivision, municipal corporation, 6
111+or other public entity; and 7
108112
109- (II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL
110-PROTECTION AGENCY.
113+ (2) Used for the treatment of pollutants. 8
111114
112- (2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE,
113-AND LOCAL GOVERNMENT S.
115+9–351. RESERVED. 9
114116
115- (C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC
116-CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM,
117-INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES .
117+9–352. RESERVED. 10
118118
119- (D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE
120-DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT
121-INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED
122-TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIREM ENTS
123-UNDER COMAR 26.08.01.01A(69).
119+PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION. 11
124120
125- (E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER
126-THAT:
121+9–353. 12
127122
128- (1) (I) IS SUBJECT TO CATEGORICAL PRETREATMENT STANDAR DS
129-UNDER 40 C.F.R. PART 403.6;
123+ (A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS 13
124+INDICATED. 14
130125
131- (2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR
132-MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS,
133-NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN
134-WASTEWATER ;
126+ (B) (1) “INDUSTRIAL USER ” MEANS: 15
135127
136- (3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP
137-5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY
138-OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR
128+ (1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING , 16
129+FABRICATING, OR ASSEMBLING GOODS ; OR 17
139130
140- (4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY
141-THE PUBLICLY OWNED TREAT MENT WORKS ON THE BA SIS THAT THE INDUSTR IAL
142-USER HAS: Ch. 556 2024 LAWS OF MARYLAND
131+ (2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF 18
132+POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY: 19
143133
144-– 4 –
134+ (I) 1. THE SECRETARY; OR 20
145135
146- (I) 1. A REASONABLE POTENTIAL FOR ADVERSELY
147-AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER
148-SYSTEM; OR
136+ (II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL 21
137+PROTECTION AGENCY. 22
149138
150- (II) 2. VIOLATED A PRETREATME NT STANDARD OR
151-REQUIREMENT .
139+ (2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE, 23
140+AND LOCAL GOVERNMENT S. 24
152141
153- (2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE
154-FEDERAL, STATE, AND LOCAL GOVERNMENT S.
142+ (C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC 25
143+CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM, 26
144+INCLUDING PERFLUOROA LKYL AND POLYFLUOROALKYL SUBSTANCES. 27
145+ 4 HOUSE BILL 1153
155146
156- (F) “WATERS OF THE STATE” INCLUDE:
157147
158- (1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE
159-BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION;
148+ (D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE 1
149+DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT 2
150+INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED 3
151+TREATMENT WORKS IN C OMPLIANCE WITH THE PRETRE ATMENT REQUIREMENTS 4
152+UNDER COMAR 26.08.01.01A(69). 5
160153
161- (2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE
162-BOUNDARIES OF THE STATE;
154+ (E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER 6
155+THAT: 7
163156
164- (3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES;
157+ (1) (I) IS SUBJECT TO CATEGOR ICAL PRETREATMENT ST ANDARDS 8
158+UNDER 40 C.F.R. PART 403.6; 9
165159
166- (4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX
167-DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOS E
168-DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND
160+ (2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR 10
161+MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS, 11
162+NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN 12
163+WASTEWATER ; 13
169164
170- (5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY
171-THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY .
165+ (3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP 14
166+5% OR MORE OF THE AVERAGE DRY –WEATHER HYDRAULIC OR ORGANIC CAPACITY 15
167+OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR 16
172168
173-9–354.
169+ (4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY 17
170+THE PUBLICLY OWNED T REATMENT WORKS ON TH E BASIS THAT THE IND USTRIAL 18
171+USER HAS: 19
174172
175- (A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT:
173+ (I) 1. A REASONABLE POTENTIAL FOR ADVERS ELY 20
174+AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER 21
175+SYSTEM; OR 22
176176
177- (1) HAS A PRETREATMENT PE RMIT; AND
177+ (II) 2. VIOLATED A PRETREATME NT STANDARD OR 23
178+REQUIREMENT . 24
178179
179- (2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS
180-CHEMICALS; OR
180+ (2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE 25
181+FEDERAL, STATE, AND LOCAL GOVERNMENT S. 26
181182
182- (II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS
183-CHEMICAL USE IS KNOW N OR REASONABLY KNOW N.
183+ (F) “WATERS OF THE STATE” INCLUDE: 27
184184
185- (B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMINATE THE PRESENCE OF
186-PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D
187-TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER
188-1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED WES MOORE, Governor Ch. 556
185+ (1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE 28
186+BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION; 29
189187
190-– 5 –
191-TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY
192-THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE
193-PFAS CHEMICALS.
188+ (2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE 30
189+BOUNDARIES OF THE STATE; 31
194190
195- (C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE
196-FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL
197-DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT
198-INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS
199-SECTION.
191+ (3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES; 32 HOUSE BILL 1153 5
200192
201- (D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN
202-COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE
203-SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
204-SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR
205-ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR
206-PRETREATMENT PERMITS .
207193
208- (2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL ,
209-IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE
210-SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
211-SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING
212-PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT
213-PERMITS.
214194
215- (3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS
216-SUBSECTION SHALL INC LUDE STRATEGIES AND OPTIONS FOR REDUCING THE
217-PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING:
195+ (4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX 1
196+DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOSE 2
197+DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITARY SEWAG E; AND 3
218198
219- (I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING
220-PFAS CHEMICALS;
199+ (5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY 4
200+THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY . 5
221201
222- (II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL
223-DISCHARGES;
202+9–354. 6
224203
225- (III) DECONTAMINATING OR RE PLACING EQUIPMENT
226-CONTAMINATED WITH PFAS CHEMICALS; OR
204+ (A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT : 7
227205
228- (IV) USING ANY OTHER METHO D THE DEPARTMENT
229-DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS
230-CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
231-ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
232-CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY Ch. 556 2024 LAWS OF MARYLAND
206+ (1) HAS A PRETREATMENT PE RMIT; AND 8
233207
234-– 6 –
235-WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT
236-INDUSTRIAL USER IS 4 PARTS PER TRILLION .
208+ (2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS 9
209+CHEMICALS; OR 10
237210
238- (D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
239-ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
240-CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS
241-CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED
242-TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER
243-TRILLION, INCLUDING BY:
211+ (II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS 11
212+CHEMICAL USE IS KNOW N OR REASONABLY KNOW N. 12
244213
245- (1) SUBSTITUTING OR ELIMI NATING PRODU CTS CONTAINING PFAS
246-CHEMICALS;
214+ (B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMIN ATE THE PRESENCE OF 13
215+PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D 14
216+TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER 15
217+1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED 16
218+TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY 17
219+THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE 18
220+PFAS CHEMICALS. 19
247221
248- (2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES;
222+ (C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE 20
223+FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL 21
224+DEVELOP PFAS MONITORIN G AND TESTING PROTOC OLS FOR SIGNIFICANT 22
225+INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS 23
226+SECTION. 24
249227
250- (3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED
251-WITH PFAS CHEMICALS; OR
228+ (D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN 25
229+COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE 26
230+SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 27
231+SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR 28
232+ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR 29
233+PRETREATMENT PERMITS . 30
252234
253- (4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL
254-PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS
255-CHEMICALS IN WATER .
235+ (2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL , 31
236+IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE 32
237+SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH 33 6 HOUSE BILL 1153
256238
257- (E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
258-ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS
259-CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS
260-CHEMICALS THAT WERE CAPTURED A FTER REDUCING PFAS CHEMICALS FROM
261-WATER IN ACCORDANCE WITH THIS SECTION .
262239
263- (2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW ,
264-REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED
265-PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS.
240+SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDR ESSING 1
241+PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT 2
242+PERMITS. 3
266243
267- (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A
268-SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING
269-SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR
270-IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULATION .
244+ (3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS 4
245+SUBSECTION SHALL INC LUDE STRATEGIES AND OPTIONS FOR REDUCING THE 5
246+PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING: 6
271247
272- (2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED
273-PFAS CHEMICALS IN ANY MAN NER INVOLVING :
248+ (I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING 7
249+PFAS CHEMICALS; 8
274250
275- (I) DISPOSAL AT A SOLID W ASTE LANDFILL;
251+ (II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL 9
252+DISCHARGES; 10
276253
277- (II) INCINERATION ; OR WES MOORE, Governor Ch. 556
254+ (III) DECONTAMINATING OR RE PLACING EQUIPMENT 11
255+CONTAMINATED WITH PFAS CHEMICALS; OR 12
278256
279-– 7 –
257+ (IV) USING ANY OTHER METHO D THE DEPARTMENT 13
258+DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS 14
259+CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 15
260+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 16
261+CHEMICALS IN WAT ER, THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY 17
262+WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT 18
263+INDUSTRIAL USER IS 4 PARTS PER TRILLION . 19
280264
281- (III) LAND APPLICATION .
265+ (D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 20
266+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS 21
267+CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS 22
268+CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED 23
269+TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER 24
270+TRILLION, INCLUDING BY: 25
282271
283- (G) A SIGNIFICANT INDUSTRI AL USER SHALL:
272+ (1) SUBSTITUTING OR ELIMINATING PR ODUCTS CONTAINING PFAS 26
273+CHEMICALS; 27
284274
285- (1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F
286-ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING
287-METHODS APPROVED BY THE DEPARTMENT ; AND
275+ (2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES; 28
288276
289- (II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS
290-CHEMICALS IN THE IND USTRIAL WASTEWATER IN A MANNE R APPROVED BY THE
291-DEPARTMENT ;
277+ (3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED 29
278+WITH PFAS CHEMICALS; OR 30
292279
293- (2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS
294-SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER
295-DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS;
280+ (4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL 31
281+PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS 32
282+CHEMICALS IN WATER . 33
283+ HOUSE BILL 1153 7
296284
297- (3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON
298-REQUEST TO:
299285
300- (I) THE ATTORNEY GENERAL;
286+ (E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S. 1
287+ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS 2
288+CHEMICALS, A SIGNIFICANT INDUST RIAL USER SH ALL SAFELY STORE PFAS 3
289+CHEMICALS THAT WERE CAPTURED AFTER REDUC ING PFAS CHEMICALS FROM 4
290+WATER IN ACCORDANCE WITH THIS SECTION . 5
301291
302- (II) THE DEPARTMENT ;
292+ (2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW , 6
293+REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED 7
294+PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS . 8
303295
304- (III) A COUNTY COUNCIL ;
296+ (F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A 9
297+SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING 10
298+SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR 11
299+IN ANOTHER MANNER APPROVED BY T HE DEPARTMENT BY REGULAT ION. 12
305300
306- (IV) A STATE’S ATTORNEY;
301+ (2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED 13
302+PFAS CHEMICALS IN ANY MAN NER INVOLVING : 14
307303
308- (V) A CITY ATTORNEY; OR
304+ (I) DISPOSAL AT A SOLID W ASTE LANDFILL; 15
309305
310- (VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND
306+ (II) INCINERATION ; OR 16
311307
312- (4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS
313-UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING).
308+ (III) LAND APPLICATION . 17
314309
315- (H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING
316-PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT
317-PROGRAM AND MONITORING PROGRAMS ISSUED BY THE U.S. ENVIRONMENTAL
318-PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE
319-LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER
320-SUBSECTION (G)(1) OF THIS SECTION.
310+ (G) A SIGNIFICANT INDUSTRI AL USER SHALL: 18
321311
322- (I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNI FICANT INDUSTRIAL
323-USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE Ch. 556 2024 LAWS OF MARYLAND
312+ (1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F 19
313+ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING 20
314+METHODS APPROVED BY THE DEPARTMENT ; AND 21
324315
325-– 8 –
326-OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT
327-FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE
328-SUPERSEDED BY THIS S ECTION.
316+ (II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS 22
317+CHEMICALS IN THE IND USTRIAL WASTEWATER I N A MANNER APPROVED BY THE 23
318+DEPARTMENT ; 24
329319
330-9–355.
320+ (2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS 25
321+SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER 26
322+DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS; 27
331323
332- ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T
333-REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS
334-ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSU ING A
335-PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER.
324+ (3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON 28
325+REQUEST TO: 29
336326
337-9–356.
327+ (I) THE ATTORNEY GENERAL; 30
338328
339- (A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS
340-EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE
341-STATE IS A VIOLATION OF THE TERMS OF A PR ETREATMENT PERMIT .
329+ (II) THE DEPARTMENT ; 31 8 HOUSE BILL 1153
342330
343- (B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION,
344-THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH
345-REGULATIONS ADOPTED BY THE DEPARTMENT .
346331
347- SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025,
348-the Department of the Environment shall update the Department’s PFAS Action Plan with
349-an evaluation of disposal methods for PFAS chemicals and the progress made on the
350-requirements of this Act.
351332
352- SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
353-October July 1, 2024.
333+ (III) A COUNTY COUNCIL ; 1
354334
355-Approved by the Governor, May 9, 2024.
335+ (IV) A STATE’S ATTORNEY; 2
336+
337+ (V) A CITY ATTORNEY; OR 3
338+
339+ (VI) ANY OTHER STATE OR LOCAL GOVERNMENTAL ENTITY ; AND 4
340+
341+ (4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS 5
342+UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING). 6
343+
344+ (H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING 7
345+PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT 8
346+PROGRAM AND MONITORING PROGRAMS ISSUED BY TH E U.S. ENVIRONMENTAL 9
347+PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE 10
348+LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER 11
349+SUBSECTION (G)(1) OF THIS SECTION. 12
350+
351+ (I) ANY CONTRACT OR AGREEMEN T BETWEEN A SIGNIFIC ANT INDUSTRIAL 13
352+USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE 14
353+OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT 15
354+FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE 16
355+SUPERSEDED BY THIS S ECTION. 17
356+
357+9–355. 18
358+
359+ ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T 19
360+REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS 20
361+ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSUING A 21
362+PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER. 22
363+
364+9–356. 23
365+
366+ (A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS 24
367+EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE 25
368+STATE IS A VIOLATION OF THE TERMS OF A PRETREA TMENT PERMIT . 26
369+
370+ (B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION, 27
371+THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH 28
372+REGULATIONS ADOPTED BY THE DEPARTMENT . 29
373+
374+ SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025, 30
375+the Department of the Environment shall update the Department’s PFAS Action Plan with 31 HOUSE BILL 1153 9
376+
377+
378+an evaluation of disposal methods for PFAS chemicals and the progress made on the 1
379+requirements of this Act. 2
380+
381+ SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect 3
382+October July 1, 2024. 4
383+
384+
385+
386+Approved:
387+________________________________________________________________________________
388+ Governor.
389+________________________________________________________________________________
390+ Speaker of the House of Delegates.
391+________________________________________________________________________________
392+ President of the Senate.