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A09952 Summary:

COSPNSRFahy, Steck, D'Urso, Thiele, Dickens, Darling, Epstein, Jacobson, Glick, Galef, Simon, Cahill, Lentol, Gottfried, Schmitt, DeStefano
Add 27-0927, En Con L
Prohibits the incineration of aqueous film-forming foam and associated perfluorocarbon components.
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A09952 Actions:

02/28/2020referred to environmental conservation
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A09952 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting the incineration of aqueous film-forming foam and associated perfluorocarbon components   PURPOSE OF GENERAL IDEA OF BILL: This bill prohibits the incineration of firefighting foam in New York State.   SUMMARY OF PROVISIONS: Section 1 amends the Environmental Conservation Law to add a new section 27-0927 to prohibit the incineration of aqueous film-forming foam containing perfluorocarbon components. Section 2: Sets forth the effective date.   JUSTIFICATION: In Cohoes, New York, the U.S. Department of Defense (DOD) entered into a contract with a local facility to incinerate firefighting foam contain- ing PFAS. The activity commenced at the Norlite facility in 2019 without clear guidance regarding safety from the Environmental Protection Agency (EPA). The EPA had released a technical brief in July 2019 that stated the following "Determining the appropriate method for ultimate disposal of PFAS wastes is a complex issue due to their volatility, solubility, and environmental mobility and persistence...PEAS compounds are diffi- cult to break down due to fluorine's electronegativity and the chemical stability of fluorinated compounds. Incomplete destruction of PFAS compounds can result in the formation of smaller PFAS products, or products of incomplete combustion (PICs), which may not have been researched and thus could be a potential chemical of concern...The effectiveness of incineration to destroy PFAS compounds and the tendency for formation of fluorinated or mixed halogenated organic byproducts is not well understood." https://www.epa.govichemical-research/technical- brief-andpolvfluoroalkyl -substances-pfas-incineration-manage-pfas-waste In February 2020, a federal lawsuit was brought against the DOD due to concerns raised regarding the safety and potential impacts of incinerat- ing PFAS chemicals. The New York State Department of Environmental Conservation began an investigation after the lawsuit was commenced to determine whether the actions are a threat to public health or safety. To ensure that the public health and safety is protected, the bill seeks to suspend the incineration of firefighting foam that contains PFAS chemicals.   LEGISLATIVE HISTORY: New bill   EFFECTIVE DATE: This act shall take effect immediately
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A09952 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    February 28, 2020
        Introduced  by  M. of A. McDONALD, FAHY, STECK -- read once and referred
          to the Committee on Environmental Conservation
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the incineration of aqueous film-forming foam and associ-
          ated perfluorocarbon components
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The environmental conservation law is amended by adding a
     2  new section 27-0927 to read as follows:
     3  § 27-0927. Incineration of  aqueous  film-forming  foam  and  associated
     4               perfluorocarbon components prohibited.
     5    1.  No  person,  partnership,  limited liability company, corporation,
     6  joint venture, association, government, or any other legal entity or any
     7  agency or employee thereof shall cause any object or substance  contain-
     8  ing  aqueous film-forming foam and associated perfluorocarbon components
     9  to be incinerated anywhere in the state. The commissioner may promulgate
    10  any rules or regulations he or she may deem necessary in order to  carry
    11  out the provisions of this section.
    12    2.  For  the purposes of this section "incineration" shall include but
    13  is not limited to burning, combustion, pyrolysis, gasification,  thermal
    14  oxidation   (including   flameless   and   regenerative),  acid-recovery
    15  furnace/oxidizer, ore roaster, cement kiln, lightweight aggregate  kiln,
    16  industrial  furnace,  boiler,  process heater. This prohibition does not
    17  apply to non-combustion processes using high temperature  and  pressures
    18  coupled with water including hydrothermal oxidization.
    19    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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