2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1112 - Emerging Contaminant Monitoring.

§  1112.  Emerging  contaminant  monitoring.  1.  Industry  and modern
technology have created  thousands  of  new  chemicals  that  would  not
otherwise  exist in nature. Although some of these chemicals have proven
benefits, the effect of many such chemicals on human health  is  unknown
or  not  fully  understood. Furthermore, with the advance of science and
technology, public health scientists and experts are  able  to  identify
naturally occurring contaminants that pose previously unknown hazards to
human  health.  Where  these  chemicals  or  contaminants,  collectively
referred to as "emerging contaminants," enter drinking  water  supplies,
they can present unknown but potentially serious risks to public health.
New  Yorkers served by public water supplies have the right to know when
potentially hazardous substances contaminate their  drinking  water  and
the  department  must be equipped to monitor and protect the public from
these emerging contaminants.
2. a. "Emerging  contaminants"  shall  mean  any  physical,  chemical,
microbiological   or   radiological  substance  listed  as  an  emerging
contaminant pursuant to subdivision three of this section.
b. "Notification level" means the concentration level of  an  emerging
contaminant  in  drinking  water  that  the commissioner has determined,
based on available scientific information, warrants public  notification
and  may  require  actions,  which  may  include enhanced monitoring and
activities to reduce exposure, pursuant to this section.
c. "Covered public water system" shall mean: (i) a public water system
that serves  at  least  five  service  connections  used  by  year-round
residents or regularly serves at least twenty-five year-round residents;
or (ii) a public water system that regularly serves at least twenty-five
of  the  same  people, four hours or more per day, for four or more days
per week, for twenty-six or more weeks per year.
3. a. The commissioner shall promulgate regulations  to  identify  and
list  substances  as  emerging  contaminants  that  meet  the  following
criteria:
(i) are not subject to any  other  substance-specific  drinking  water
regulation  of  the  department  that  establishes a maximum contaminant
level, maximum residual disinfectant level, or action level;
(ii) are known or anticipated to occur in public water systems; and
(iii) because of their quantity, concentration, or physical,  chemical
or  infectious characteristics, may cause physical injury or illness, or
otherwise pose a potential  hazard  to  human  health  when  present  in
drinking water.
b.  In  determining  what  substances  shall  be  listed  as  emerging
contaminants the commissioner shall, at a minimum, consider:
(i) unregulated contaminants monitored pursuant to  the  federal  Safe
Drinking Water Act (42 U.S.C. § 300g-1) as amended from time to time;
(ii)  substances that require regulation or monitoring when present in
drinking water in other jurisdictions outside the state of New York;
(iii) pesticide chemicals for which the  United  States  environmental
protection agency has set human health benchmarks for drinking water;
(iv) substances found at sites in remedial programs located inside and
outside  the  state  of  New York, including but not limited to inactive
hazardous waste sites; and
(v)  recommendations  from  the   drinking   water   quality   council
established pursuant to section eleven hundred thirteen of this title.
c.  The  commissioner  shall,  at  a  minimum,  include  the following
chemicals identified as emerging  contaminants  in  the  first  list  of
emerging      contaminants:      perfluorononanoic      acid
(PFNA);
perfluorohexanesulfonic acid (PFHxS); perfluoroheptanoic  acid  (PFHpA);
perfluorobutanesulfonic  acid  (PFBS);  hexafluoropropylene  oxide dimer
acid (HFPO-DA); Perfluorodecanoic acid (PFDA); Perfluorododecanoic  acid

(PFDoA);   Perfluorohexanoic   acid  (PFHxA);  Perfluoroundecanoic  acid
(PFUnA);       11-chloroeicosafluoro-3-oxaundecane-1-sulfonic       acid
(11Cl-PF3OUdS);    9-chlorohexadecafluoro-3-oxanonane-1-sulfonic    acid
(9Cl-PF3ONS);      4,8-dioxa-3H-perfluorononanoic      acid
(ADONA);
Nonafluoro-3,6-dioxaheptanoic  acid  (NFDHA);   Perfluorobutanoic   acid
(PFBA);   1H,   1H,   2H,   2HPerfluorodecane  sulfonic  acid  (8:2FTS);
Perfluoro(2-ethoxyethane)sulfonic             acid
(PFEESA);
Perfluoroheptanesulfonic  acid  (PFHpS);  1H,1H,  2H, 2H-Perfluorohexane
sulfonic  acid  (4:2FTS);  Perfluoro-3-methoxypropanoic  acid   (PFMPA);
Perfluoro-4-methoxybutanoic  acid (PFMBA); 1H,1H, 2H, 2H-Perfluorooctane
sulfonic    acid
(6:2FTS);    Perfluoropentanoic    acid
(PFPeA);
Perfluoropentanesulfonic acid (PFPeS).
d.  The  commissioner  shall  make  regulations  to list the following
additional substances as emerging  contaminants;  provided  however  the
commissioner  may,  upon review and recommendation by the drinking water
quality council pursuant to section  eleven  hundred  thirteen  of  this
title  determine  not to include such chemicals as emerging contaminants
by January  first,  two  thousand  twenty-four:  1,2,3-trichloropropane;
chloromethane (methylchloride); 1,1-dichloroethane; bromomethane (methyl
bromide); chlorodifluoromethene (HCFC-22); vanadium; molybdenum; cobalt;
strontium;  chromium-6;  N-ethyl  perfluorooctanesulfonamidoacetic  acid
(NEtFOSAA); N-methyl perfluorooctanesulfonamidoacetic  acid  (NMeFOSAA);
Perfluorotetradecanoic  acid (PFTA); Perfluorotridecanoic acid (PFTrDA).
Provided, however, the commissioner may, upon review and  recommendation
by  the  drinking  water  quality council, determine not to include such
chemicals as emerging contaminants:  testosterone;  and  4-androstene-3,
17-dione.
e.  The commissioner shall by regulation remove any substance from the
list of emerging contaminants upon adopting a maximum contaminant  level
for such substance.
4. Every covered public water system shall test drinking water for the
presence  of  emerging  contaminants  at  least  once  every three years
pursuant to a schedule determined by the department through regulation.
5. Every test conducted in  accordance  with  this  section  shall  be
conducted  by  a  laboratory  certified  by  the  department pursuant to
section five hundred two of this chapter. Laboratories shall submit such
results electronically to the department, to any other health department
with jurisdiction over the covered  public  water  system,  and  to  the
covered  public  water  system,  in  the  manner  prescribed pursuant to
section five hundred two of this chapter.
6.  The  commissioner  shall   promulgate   regulations   establishing
notification  levels  for  any  emerging  contaminant listed pursuant to
subdivision three of this section. Any  notification  level  established
pursuant to this subdivision shall be equal to or lower than any federal
lifetime  health advisory level established pursuant to the federal Safe
Drinking Water Act (42 U.S.C. § 300g-1). If no federal  lifetime  health
advisory  level  has  been established, the commissioner shall establish
notification levels based upon the available scientific information, and
may take  into  consideration  recommendations  of  the  drinking  water
quality  council established pursuant to section eleven hundred thirteen
of this title. Such notification levels shall be made easily  accessible
to  the public through a link that is posted on the department's website
and updated regularly.
7. Notwithstanding subdivision three of this section, the commissioner
may, by declaration, add  any  physical,  chemical,  microbiological  or
radiological  substance to the list of emerging contaminants established
pursuant to subdivision three of this section, establish a  notification
level,  and  require  testing  for  such  substance, if the commissioner

determines that: (i) such substance poses or has the potential to pose a
significant hazard to human health when present in drinking water;  (ii)
such  substance  was  recently detected in a public water system and has
the  potential to be present in other public water systems; and (iii) it
appears to be prejudicial to the interests of the people to delay action
by preparing and filing regulations. The  commissioner  shall,  however,
promulgate   regulations   adding   such  new  emerging  contaminant  or
establishing  such  notification  level  within   one   year   of   such
declaration.  Such declaration shall clearly state where and the date by
which such  testing  must  occur.  After  the  commissioner  promulgates
regulations  adding  such  emerging  contaminant, such regulations shall
supersede the declaration issued pursuant  to  this  subdivision.  Until
such notification levels are posted on the department's website pursuant
to  subdivision  six  of  this  section, the commissioner shall post the
notification levels established by declaration on such website  so  that
they are easily accessible through a link to the public.
8.  Whenever  one  or  more  emerging  contaminants is confirmed to be
present in drinking water at concentrations at or above  a  notification
level established pursuant to this section:
a.  the covered public water system shall notify the department within
twenty-four hours;
b. the covered public water system shall notify  all  owners  of  real
property  served by the covered public water system in a time and manner
to be prescribed by the department, provided  that  in  no  event  shall
notification  occur  more  than  ninety  days  after  the presence of an
emerging contaminant at concentrations at or above a notification  level
established pursuant to this section is confirmed;
c.  the  commissioner may directly notify such owners of real property
if it is determined that the public's interest would be best  served  by
such  notification,  or  if the commissioner determines that the covered
public water system is not acting, or cannot act in a timely manner;
d. the commissioner may require that the covered public  water  system
take  such  actions as may be appropriate to reduce exposure to emerging
contaminants. If the commissioner determines that the  concentration  of
the  emerging  contaminant  constitutes an actual or potential threat to
public health, based on the best available scientific  information,  the
commissioner  shall  consult  with the commissioner of the department of
environmental conservation regarding any  further  action  that  may  be
appropriate,  including  but  not  limited  to actions pursuant to title
twelve of article twenty-seven of the environmental conservation law.
9. The commissioner shall work in consultation with  the  commissioner
of  the  department of environmental conservation to develop educational
materials, and  may  take  into  consideration  recommendations  of  the
drinking  water  quality  council established pursuant to section eleven
hundred thirteen of this title. Such educational materials shall be made
available through a link on the  department's  website  that  is  easily
accessible  to  the  covered public water system and the general public,
relating to methodologies for reducing exposure to emerging contaminants
and potential actions  that  may  be  taken  to  mitigate  or  remediate
emerging contaminants. Such link shall also include information relating
to   notification   levels   established   by  declaration  pursuant  to
subdivision  seven  of  this  section  and  by  regulation  pursuant  to
subdivision  six of this section. The commissioner shall coordinate with
the United States Environmental Protection Agency  to  ensure  that  the
information  available  on  the  EPA's  Drinking  Water Watch website is
available to public water systems and that information available on  the
EPA's  Safe Drinking Water Information System is available to the public
through an easily accessible  link  on  the  department's  website.  The

website  and  such  links  shall  allow,  to the extent practicable, the
public to easily access information including but not limited to,  basic
water  system  information, including system identification number, name
and   type,   department   contacts,   public  notices,  violations  and
enforcement actions taken by  the  state  and  federal  government.  The
website  and  such links shall be monitored and updated regularly by the
department. The commissioner shall also provide the covered public water
system with information relating to potential funding  sources  provided
by   the  state  and  federal  government  for  mitigation  or  remedial
activities, and to reduce the exposure to emerging contaminants.
10. Any owner of real property, including any owner's agent, to whom a
covered public water system has provided notification of the  exceedance
of  a notification level established pursuant to subdivision six of this
section, shall take all  reasonable  and  necessary  steps  to  provide,
within ten days, any tenants with copies of the notification provided by
the covered public water system.
11.  The commissioner may promulgate regulations pursuant to which the
department may provide financial  assistance  for  compliance  with  the
testing requirements of this section, to any covered public water system
upon  a showing that the costs associated with testing drinking water in
compliance with this section would impose  a  financial  hardship.  Such
regulations   shall,   when   prioritizing   public  water  systems  for
eligibility for financial assistance, incorporate provisions  that  give
preference  to  public  water  systems  serving  less  than ten thousand
individuals.
12. The commissioner shall periodically review  substances  that  have
been  identified  as  emerging contaminants pursuant to this section and
determine if the department should establish a maximum contaminant level
for the substance. Such review shall occur, at  a  minimum,  once  every
three years.
13. The commissioner shall make draft regulations containing the first
list  of  emerging  contaminants  within  one hundred eighty days of the
effective  date  of  this  subdivision  and   shall   make   regulations
implementing this subdivision within ninety days thereafter.
14.  The  commissioner  shall  make  regulations  updating the list of
emerging  contaminants  and  their  associated  notification  levels  to
reflect  the latest available scientific information at least once every
three years. The commissioner shall add new emerging contaminants  under
subdivision three of this section at least once every three years.