Maryland’s HB1153 PFAS Pollution Act Protecting State Waters

Maryland has taken a significant step towards safeguarding its water resources with the enactment of House Bill 1153, known as the Protecting State Waters - PFAS Pollution Act. This legislation aims to curb the contamination of state waters by regulating the discharge of PFAS chemicals, which are notorious for their persistence in the environment and potential health risks. Let's dive into the key provisions of this act and understand what it means for industrial users and the overall water quality in Maryland.

Key Provisions of Maryland’s PFAS Pollution Act

Establishing PFAS Discharge Limits in Maryland

One of the cornerstone elements of HB1153 is the establishment of a strict discharge limit for PFAS chemicals. Significant industrial users must ensure that any water, including stormwater, they discharge contains no more than 4 parts per trillion (ppt) of PFAS chemicals. This stringent limit aims to drastically reduce the amount of PFAS entering Maryland's water bodies.

PFAS Requirements for Significant Industrial Users in Maryland

The act places several obligations on significant industrial users, defined as entities that discharge substantial amounts of processed wastewater or have a notable impact on the capacity of publicly owned treatment works (POTWs).

These users are required to:

Reduce PFAS Levels: Industrial users must implement measures to reduce PFAS levels in their wastewater to comply with the 4 ppt limit. This can involve substituting products containing PFAS, decontaminating equipment, and avoiding accidental discharges.

• Monitor and Report: By January 1, 2025, the Department of the Environment, in collaboration with POTWs, will develop monitoring and testing protocols. Significant industrial users must measure and report their PFAS levels by specified deadlines.

• Mitigation Plans: By June 1, 2025, the Department, together with POTWs and industrial users, will establish action levels and mitigation plans to address PFAS contamination. These plans will include strategies for reducing PFAS presence, such as replacing contaminated equipment or using alternative substances.

PFAS Safe Storage and Disposal in Maryland

HB1153 also outlines requirements for the safe storage and disposal of PFAS chemicals. Industrial users must store PFAS chemicals safely and can reuse them in facility operations as permitted by law. However, disposal methods are tightly regulated to prevent further environmental contamination. Disposal at solid waste landfills, incineration, and land application are prohibited unless approved by the Department.

PFAS Timeline and Compliance in Maryland

The act sets forth a clear timeline for compliance:

• October 1, 2024: Identification of significant industrial users currently using PFAS.
• January 1, 2025: Development of PFAS monitoring and testing protocols.
• June 1, 2025: Establishment of PFAS action levels and mitigation plans.
• September 1, 2025: Significant industrial users must report their PFAS levels.
• July 1, 2026: Implementation of measures to reduce PFAS in discharged water.

What are the PFAS Implications for Industrial Users in Maryland

Industrial users in Maryland will need to adapt to these new regulations by investing in technologies and practices that minimize PFAS contamination.

This may involve:

• Product Substitution: Finding alternatives to PFAS-containing products used in manufacturing processes.
• Process Changes: Implementing new processes to decontaminate equipment and prevent accidental releases.
• Monitoring Systems: Establishing robust systems to monitor PFAS levels and ensure compliance with discharge limits.

State and Federal Collaboration for PFAS in Maryland

HB1153 mandates that Maryland’s Department of the Environment collaborate with POTWs and significant industrial users to ensure the effective implementation of the act. The Department will also align its actions with federal regulations and guidance from the U.S. Environmental Protection Agency (EPA).

Maryland's HB1153 represents a proactive approach to addressing the environmental and health challenges posed by PFAS pollution. By setting stringent discharge limits and requiring significant industrial users to adopt comprehensive monitoring, reporting, and mitigation measures, the state aims to protect its water resources and public health.

Download our eBook to learn more about PFAS Reporting and Recordkeeping under TSCA section 8 (a)7.