WES MOORE, Governor Ch. 556
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Chapter 556
(House Bill 1153)
AN ACT concerning
Environment – Water Pollution Control – Protecting State Waters From PFAS
Pollution
(Protecting State Waters From PFAS Pollution Act)
FOR the purpose of establishing a certain discharge limit for PFAS chemicals in any water,
including stormwater, discharged from a certain significant industrial user;
requiring a certain significant industrial user to reduce PFAS chemicals from the
water it discharges to a publicly owned treatment works in a certain manner;
requiring the Department of the Environment to identify certain significant
industrial users in a certain manner by a certain date; requiring the Department to
develop certain PFAS monitoring and testing criteria for certain users in a certain
manner by a certain date; requiring the Department to develop certain PFAS action
levels and certain mitigation plans in a certain manner by a certain date; requiring
a certain significant industrial user to store, reuse, and dispose of certain PFAS
chemicals in a certain manner; authorizing a certain significant industrial user to
dispose of stored PFAS chemicals in a certain manner and in accordance with certain
requirements; requiring a certain significant industrial user to measure levels of
organic fluorine PFAS chemicals in industrial wastewater by a certain date and to
report those levels to the Department of the Environment; requiring the Department
to update a certain action plan on or before a certain date; and generally relating to
State waters and PFAS pollution.
BY repealing and reenacting, without amendments,
Article – Environment
Section 9–101(a) through (c), (g), and (i)
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
BY adding to
Article – Environment
Section 9–353 through 9–356 and 9–354 to be under the new part “Part VII.
Protecting State Waters From PFAS Pollution”
Annotated Code of Maryland
(2014 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
9–101. Ch. 556 2024 LAWS OF MARYLAND
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(a) In this title the following words have the meanings indicated.
(b) “Discharge” means:
(1) The addition, introduction, leaking, spilling, or emitting of a pollutant
into the waters of this State; or
(2) The placing of a pollutant in a location where the pollutant is likely to
pollute.
(c) (1) “Disposal system” means a system for disposing of wastes by surface,
above surface, or underground methods.
(2) “Disposal system” includes a treatment works and a disposal well.
(g) “Pollutant” means:
(1) Any waste or wastewater that is discharged from:
(i) A publicly owned treatment works; or
(ii) An industrial source; or
(2) Any other liquid, gaseous, solid, or other substance that will pollute any
waters of this State.
(i) “Publicly owned treatment works” means a facility that is:
(1) Owned by this State or a political subdivision, municipal corporation,
or other public entity; and
(2) Used for the treatment of pollutants.
9–351. RESERVED.
9–352. RESERVED.
PART VII. PROTECTING STATE WATERS FROM PFAS POLLUTION.
9–353.
(A) IN THIS PART THE FOLL OWING WORDS HAVE THE MEANINGS
INDICATED.
WES MOORE, Governor Ch. 556
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(B) (1) “INDUSTRIAL USER ” MEANS:
(1) (I) A PERSON WHO IS ENGAGE D IN MANUFACTURING ,
FABRICATING, OR ASSEMBLING GOODS ; OR
(2) (II) A MEMBER OF ANY CLASS OF SIGNIFICANT PRODU CERS OF
POLLUTANTS IDENTIFIE D UNDER REGULATIONS ADOPTED BY:
(I) 1. THE SECRETARY; OR
(II) 2. THE ADMINISTRATOR OF THE U.S. ENVIRONMENTAL
PROTECTION AGENCY.
(2) “INDUSTRIAL USER ” DOES NOT INCLUDE THE FEDERAL, STATE,
AND LOCAL GOVERNMENT S.
(C) “PFAS CHEMICALS” MEANS A CLASS OF FLU ORINATED ORGANIC
CHEMICALS THAT CONTA IN AT LEAST ONE FULL Y FLUORINATED CARBON ATOM,
INCLUDING PERFLUOROA LKYL AND POLYFLUOROA LKYL SUBSTANCES .
(D) “PRETREATMENT PERMIT ” MEANS A DOCUMENT ISS UED BY THE
DEPARTMENT OR THE DEPARTMENT ’S DESIGNEE THAT AUTHORIZES A SI GNIFICANT
INDUSTRIAL USER TO I NTRODUCE INDUSTRIAL WASTES INTO A PUBLIC LY OWNED
TREATMENT WORKS IN C OMPLIANCE WITH THE P RETREATMENT REQUIREM ENTS
UNDER COMAR 26.08.01.01A(69).
(E) (1) “SIGNIFICANT INDUSTRIA L USER” MEANS AN INDUSTRIAL USER
THAT:
(1) (I) IS SUBJECT TO CATEGORICAL PRETREATMENT STANDAR DS
UNDER 40 C.F.R. PART 403.6;
(2) (II) DISCHARGES AN AVERAGE OF 25,000 GALLONS PER DAY OR
MORE OF PROCESSED WA STEWATER TO A PUBLIC LY OWNED TREATMENT W ORKS,
NOT INCLUDING SANITA RY, NONCONTACT COOLING , AND BOILER BLOWDOWN
WASTEWATER ;
(3) (III) CONTRIBUTES PROCESSED WASTEWATER THAT MAKE S UP
5% OR MORE OF THE AVERA GE DRY–WEATHER HYDRAULIC OR ORGANIC CAPACITY
OF THE PUBLICLY OWNE D TREATMENT WORKS ; OR
(4) (IV) IS DESIGNATED AS A SI GNIFICANT INDUSTRIAL USER BY
THE PUBLICLY OWNED TREAT MENT WORKS ON THE BA SIS THAT THE INDUSTR IAL
USER HAS: Ch. 556 2024 LAWS OF MARYLAND
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(I) 1. A REASONABLE POTENTIAL FOR ADVERSELY
AFFECTING THE WASTEW ATER TREATMENT PLANT ’S OPERATIONS AND SEW ER
SYSTEM; OR
(II) 2. VIOLATED A PRETREATME NT STANDARD OR
REQUIREMENT .
(2) “SIGNIFICANT INDUSTRIA L USER” DOES NOT INCLUDE THE
FEDERAL, STATE, AND LOCAL GOVERNMENT S.
(F) “WATERS OF THE STATE” INCLUDE:
(1) BOTH SURFACE AND UNDE RGROUND WATERS WITHI N THE
BOUNDARIES OF THE STATE SUBJECT TO ITS JURISDICTION;
(2) THAT PORTION OF THE ATLANTIC OCEAN WITHIN THE
BOUNDARIES OF THE STATE;
(3) THE CHESAPEAKE BAY AND ITS TRIBUTARI ES;
(4) ALL PONDS, LAKES, RIVERS, STREAMS, PUBLIC DITCHES , TAX
DITCHES, AND PUBLIC DRAINAGE SYSTEMS WITHIN THE STATE, OTHER THAN THOS E
DESIGNED AND USED TO COLLECT, CONVEY, OR DISPOSE OF SANITA RY SEWAGE; AND
(5) THE FLOODPLAIN OF FRE E–FLOWING WATERS DETER MINED BY
THE DEPARTMENT ON THE BAS IS OF THE 100–YEAR FLOOD FREQUENCY .
9–354.
(A) THIS SECTION APPLIES TO A SIGNIFICANT IND USTRIAL USER THAT:
(1) HAS A PRETREATMENT PE RMIT; AND
(2) (I) IS CURRENTLY AND INTE NTIONALLY USING PFAS
CHEMICALS; OR
(II) OPERATES ON A SITE WH ERE A PRIOR HISTORY OF PFAS
CHEMICAL USE IS KNOW N OR REASONABLY KNOW N.
(B) A SIGNIFICANT INDUSTRI AL USER SHALL ELIMINATE THE PRESENCE OF
PFAS CHEMICALS IN THE WAT ER THAT IT DISCHARGE S TO A PUBLICLY OWNE D
TREATMENT WORKS IN A CCORDANCE WITH THIS SECTION ON OR BEFORE OCTOBER
1, 2024, THE DEPARTMENT SHALL , IN COLLABORATION WIT H PUBLICLY OWNED WES MOORE, Governor Ch. 556
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TREATMENT WORKS AND SIGNIFICANT INDUSTRI AL USERS IN THE STATE, IDENTIFY
THE SIGNIFICANT INDU STRIAL USERS THAT CU RRENTLY AND INTENTIO NALLY USE
PFAS CHEMICALS.
(C) ON OR BEFORE JANUARY 1, 2025, IN ACCORDANCE WITH G UIDANCE
FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY, THE DEPARTMENT SHALL
DEVELOP PFAS MONITORING AND TESTI NG PROTOCOLS FOR SIG NIFICANT
INDUSTRIAL USERS IDE NTIFIED IN ACCORDANC E WITH SUBSECTION (B) OF THIS
SECTION.
(D) (1) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT SHALL , IN
COLLABORATION WITH THE PUBLICLY OWNED TREAT MENT WORKS AND THE
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
SUBSECTION (B) OF THIS SECTION , DEVELOP PFAS ACTION LEVELS FOR
ADDRESSING PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR
PRETREATMENT PERMITS .
(2) ON OR BEFORE SEPTEMBER 1, 2025, THE DEPARTMENT SHALL ,
IN COLLABORATION WIT H THE PUBLICLY OWNED TREAT MENT WORKS AND THE
SIGNIFICANT INDUSTRI AL USERS IN THE STATE IDENTIFIED IN A CCORDANCE WITH
SUBSECTION (B) OF THIS SECTION, DEVELOP MITIGATION P LANS FOR ADDRESSING
PFAS CONTAMINATION FROM I NDUSTRIAL DISCHARGE FOR PRETREATMENT
PERMITS.
(3) THE MITIGATION PLANS UNDER PARAGRAPH (2) OF THIS
SUBSECTION SHALL INC LUDE STRATEGIES AND OPTIONS FOR REDUCING THE
PRESENCE OF PFAS IN INDUSTRIAL DISCHA RGE, INCLUDING:
(I) SUBSTITUTING OR ELIMI NATING PRODUCTS CONT AINING
PFAS CHEMICALS;
(II) TAKING PRECAUTIONS TO AVOID ACCIDENTAL
DISCHARGES;
(III) DECONTAMINATING OR RE PLACING EQUIPMENT
CONTAMINATED WITH PFAS CHEMICALS; OR
(IV) USING ANY OTHER METHO D THE DEPARTMENT
DETERMINES IS NECESS ARY FOR THE REDUCTIO N OR ELIMINATION OF PFAS
CHEMICALS IN WATER . IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
CHEMICALS IN WATER , THE DISCHARGE LIMIT FOR PFAS CHEMICALS IN ANY Ch. 556 2024 LAWS OF MARYLAND
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WATER, INCLUDING STORMWATER , DISCHARGED FROM ANY SIGNIFICANT
INDUSTRIAL USER IS 4 PARTS PER TRILLION .
(D) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE ELIMINATION OF PFAS
CHEMICALS IN WATER , A SIGNIFICANT INDUST RIAL USER SHALL REDU CE PFAS
CHEMICALS FROM THE W ATER THAT IT DISCHAR GES TO A PUBLICLY OW NED
TREATMENT WORKS TO A CONCENTRATION OF NOT MORE THAN 4 PARTS PER
TRILLION, INCLUDING BY:
(1) SUBSTITUTING OR ELIMI NATING PRODU CTS CONTAINING PFAS
CHEMICALS;
(2) TAKING PRECAUTIONS TO AVOID ACCIDENTAL DIS CHARGES;
(3) DECONTAMINATING OR RE PLACING EQUIPMENT CO NTAMINATED
WITH PFAS CHEMICALS; OR
(4) USING ANY OTHER METHO D THE U.S. ENVIRONMENTAL
PROTECTION AGENCY DETERMINES IS NECESSARY FOR THE EL IMINATION OF PFAS
CHEMICALS IN WATER .
(E) (1) IN ACCORDANCE WITH RE GULATIONS ADOPTED BY THE U.S.
ENVIRONMENTAL PROTECTION AGENCY REGARDING THE STORAGE OF PFAS
CHEMICALS, A SIGNIFICANT INDUST RIAL USER SHALL SAFE LY STORE PFAS
CHEMICALS THAT WERE CAPTURED A FTER REDUCING PFAS CHEMICALS FROM
WATER IN ACCORDANCE WITH THIS SECTION .
(2) IN ACCORDANCE WITH AN Y FEDERAL, STATE, OR LOCAL LAW ,
REGULATION , OR POLICY, A SIGNIFICANT INDUST RIAL USER MAY REUSE STORED
PFAS CHEMICALS IN ITS FAC ILITY OPERATIONS.
(F) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A A
SIGNIFICANT INDUSTRI AL USER MAY DISPOSE OF STORED PFAS CHEMICALS USING
SAFE DISPOSAL SYSTEM S OR TECHNOLOGIES AP PROVED BY THE DEPARTMENT OR
IN ANOTHER MANNER AP PROVED BY THE DEPARTMENT BY REGULATION .
(2) A SIGNIFICANT INDUSTRI AL USER MAY NOT DISP OSE OF STORED
PFAS CHEMICALS IN ANY MAN NER INVOLVING :
(I) DISPOSAL AT A SOLID W ASTE LANDFILL;
(II) INCINERATION ; OR WES MOORE, Governor Ch. 556
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(III) LAND APPLICATION .
(G) A SIGNIFICANT INDUSTRI AL USER SHALL:
(1) (I) BY APRIL SEPTEMBER 1, 2025, MEASURE THE LEVELS O F
ORGANIC FLUORINE PFAS CHEMICALS IN ITS IND USTRIAL WASTEWATER U SING
METHODS APPROVED BY THE DEPARTMENT ; AND
(II) REPORT THE LEVELS OF ORGANIC FLUORINE PFAS
CHEMICALS IN THE IND USTRIAL WASTEWATER IN A MANNE R APPROVED BY THE
DEPARTMENT ;
(2) BY OCTOBER JULY 1, 2025 2026, AND IN ACCORDANCE WI TH THIS
SECTION, IMPLEMENT MEASURES T O REDUCE PFAS CHEMICALS FROM WATER
DISCHARGED TO A PUBL ICLY OWNED TREATMENT WORKS;
(3) PROVIDE DOCUMENTATION OF PFAS STORAGE OR REUSE ON
REQUEST TO:
(I) THE ATTORNEY GENERAL;
(II) THE DEPARTMENT ;
(III) A COUNTY COUNCIL ;
(IV) A STATE’S ATTORNEY;
(V) A CITY ATTORNEY; OR
(VI) ANY OTHER STATE OR LOCAL GOVERN MENTAL ENTITY ; AND
(4) REPORT THE STORAGE OR DISPOSAL OF PFAS CHEMICALS
UNDER 40 C.F.R. PART 372 (TOXIC CHEMICAL RELEASE REPORTING).
(H) THE DEPARTMENT SHALL CONS IDER THE MEMORANDUM ADDRESSING
PFAS DISCHARGES IN NPDES PERMITS AND THROUGH THE PRETREATMENT
PROGRAM AND MONITORING PROGRAMS ISSUED BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY ON DECEMBER 5, 2022, WHEN DETERMINING PER MISSIBLE
LEVELS OF ORGANIC FL UORINE CHEMICALS IN INDUSTRIAL WASTEWATE R UNDER
SUBSECTION (G)(1) OF THIS SECTION.
(I) ANY CONTRACT OR AGREE MENT BETWEEN A SIGNI FICANT INDUSTRIAL
USER AND A PUBLICLY OWNED TREATMENT WORK S THAT AUTHORIZES A DISCHARGE Ch. 556 2024 LAWS OF MARYLAND
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OF WATER INTO THE WA TERS OF THE STATE THAT EXCEEDS TH E DISCHARGE LIMIT
FOR PFAS CHEMICALS UNDER SUBS ECTION (C) OF THIS SECTION SHAL L BE
SUPERSEDED BY THIS S ECTION.
9–355.
ON OR BEFORE DECEMBER 1, 2024, THE DEPARTMENT SHALL ADOP T
REGULATIONS TO INCLU DE THE DISCHARGE LIM IT FOR PFAS CHEMICALS
ESTABLISHED UNDER § 9–354(C) OF THIS SUBTITLE AS A CONDITION FOR ISSU ING A
PRETREATMENT PERMIT TO A SIGNIFICANT IND USTRIAL USER.
9–356.
(A) THE PRESENCE OF TOTAL ORGANIC FLUORINE OR PFAS CHEMICALS
EXCEEDING 4 PARTS PER TRILLION I N ANY DISCHARGE INTO THE WATERS OF THE
STATE IS A VIOLATION OF THE TERMS OF A PR ETREATMENT PERMIT .
(B) IN ADDITION TO A VIOL ATION UNDER SUBSECTI ON (A) OF THIS SECTION,
THE DEPARTMENT MAY ENFORC E A VIOLATION OF THI S PART IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE DEPARTMENT .
SECTION 2. AND BE FURTHER ENACTED, That on or before December 1, 2025,
the Department of the Environment shall update the Department’s PFAS Action Plan with
an evaluation of disposal methods for PFAS chemicals and the progress made on the
requirements of this Act.
SECTION 2. 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October July 1, 2024.
Approved by the Governor, May 9, 2024.