Emerging Contaminants In NY's Waters

On March 15, 2023, DOW released final ambient water quality guidance values for PFOA, PFOS, and 1,4-Dioxane through an update to TOGS 1.1.1.  The Department simultaneously finalized two additional supplemental TOGS:  TOGS 1.3.7: “Analytical Detectability and Quantification Guidelines for Environmental Parameters” and TOGS 1.3.13 “Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane.”  TOGS 1.3.7 guides the selection of analytical testing methods in situations, such as when monitoring emerging contaminants, where methods approved by State and/or Federal oversight bodies are limited or unavailable. TOGS 1.3.13 establishes how the GVs for PFOA, PFOS, and 1,4-D are applied to State Pollutant Discharge Elimination System (SPDES) permits for industrial discharges to optimize environmental protection and minimize financial impacts. 

Emerging Contaminants, or contaminants of emerging concern, can refer to a number of different types of chemicals, including those found in medicines, personal care products, household cleaning products, cookware, and agricultural products. These chemicals are often detected in our waterways and may have harmful effects on humans, fish and other species. DEC's Division of Water is committed to identifying these emerging contaminants, developing water quality standards or guidance values where appropriate, and working towards minimizing their impacts to our environment.

Per- and Polyfluoroalkyl Substances (PFAS)

Per- and Polyfluoroalkyl Substances (PFAS) are a group of chemicals used to make fluoropolymer coatings and products that resist heat, oil, stains, grease, and water. Fluoropolymer coatings are blends of resins and lubricants used in products such as water-repellent clothing, furniture, adhesives, paint and varnish, food packaging, heat-resistant non-stick cooking surfaces and insulation of electrical wires.

Chemicals in this group include perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).

1,4 Dioxane

1,4-Dioxane is a compound that has historically been used a solvent stabilizer and has been found in trace amounts in some cosmetics, shampoos, detergents, and cleaning products.

SPDES Permittee's Monitor for PFAS and 1,4-Dioxane

Some wastewater dischargers have been targeted to begin monitoring for PFAS and 1,4-Dioxane in accordance with the Departments "Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane" (TOGS 1.3.13), available below. If your facility's State Pollutant Discharge Elimination System (SPDES) permit has been modified to include this additional monitoring or if you've received a request for information requiring additional monitoring for these contaminants, please utilize the below links to fulfill the requirement:

• SIC codes potentially associated with Emerging Contaminants (PDF) – This document provides the list of Standard Industrial Classification (SIC) codes associated with facilities who have the potential to have PFOA, PFOS, and/or 1,4-Dioxane.  It is intended to replace Appendices A and B in TOGS 1.3.13 and is updated periodically as new information is gathered on potential sources of these compounds.
• TOGS 1.3.13: Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane (PDF) - Please see update to Appendices A and B in bullet above.
• Division of Water PFOA, PFOS, and 1,4-Dioxane Information Portal - This portal includes information related to priority waterbodies and facilities as defined in TOGS 1.3.13.
• Emerging Contaminants Survey for Industrial Facilities - Survey to be completed by industrial facilities required to monitor for PFAS and/or 1,4-Dioxane.
  • Copy of Industrial Survey (Word) - Microsoft Word version of the Industrial Facilities Survey to be used by permittees to collect information and keep for their records. Permittees must complete the online version of the survey (linked above) to satisfy emerging contaminant information requests.
• Emerging Contaminants Survey for POTWs - Survey to be completed by Publicly Owned Treatment Works (POTWs) required to monitor for PFAS and/or 1,4-Dioxane.
  • Copy of POTW Survey (Word) - Microsoft Word version of the POTW Survey to be used by permittees to collect information and keep for their records. Permittees must complete the online version of the survey (linked above) to satisfy emerging contaminant information requests. 
• List of Laboratories capable of monitoring for PFAS and 1,4-Dioxane - For a list of laboratories certified to analyze for PFAS and 1,4-Dioxane, click on link and perform an "Advanced Search" by selecting "Non Potable Water"; the analyte of interest [i.e., 1,4-dioxane, Perfluorooctanoic acid (PFOA), or Perfluorooctane sulfonic acid (PFOS)]; and the specified method(s) [i.e., EPA 1633(Draft), EPA 8270D SIM or EPA 8270E SIM].
• Chain of Custody Template - Template to be completed by permittee and provided to the selected laboratory with the collected sample(s) to be analyzed.
• Monitoring Template for Laboratories - Template to be provided to the Laboratory to complete with wastewater analytical results for PFAS and 1,4-Dioxane.
• Monitoring Template Instructions for Laboratories - Instructions to be provided to the Laboratory to complete the Monitoring Template.
• Sampling Tips for PFAS & 1,4-Dioxane in Wastewater (PDF) - Sampling tips for obtaining wastewater samples.
• Emerging Contaminants Investigation Checklist for Industrial Facilities (PDF) - Checklist to aid industrial facilities in determining source of detected emerging contaminants and offers suggestions for how to minimize or eliminate their presence in the wastewater.
• Emerging Contaminants Investigation Checklist for POTWs (PDF) - Checklist to aid POTWs in determining the source(s) of detected emerging contaminants and offers suggestions for how to minimize or eliminate their presence in the wastewater.

Water Quality Guidance Values to Regulate PFOA, PFOS, and 1, 4-Dioxane

The finalized guidance values (GVs) are shown in the table below. The Department of Health (DOH) maximum contaminated levels (MCL) for finished drinking water are displayed for informational purposes.

The GVs were derived by procedures established in Title 6 of the New York Codes, Rules, and Regulations (NYCRR) Part 702.

On March 15, 2023, NYSDEC announced the issuance of final water quality guidance values to regulate Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), and 1,4-Dioxane (1,4-D). The finalized GVs support the State's ongoing efforts to protect public health and the environment and prevent exposure to emerging contaminants through the protection of drinking water sources. Additionally, the new guidance values for PFOS and 1, 4-Dioxane also provide protection for aquatic life.

The new GVs are established in an addendum to TOGS 1.1.1: Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (PDF). ¹ The TOGS 1.1.1 addendum is supplemented by the finalized revision to TOGS 1.3.7: Analytical Detectability and Quantitation Guidelines for Environmental Parameters (PDF) and a new TOGS 1.3.13: Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane (PDF).

TOGS 1.3.7 guides the selection of analytical testing methods in situations, such as when monitoring emerging contaminants, where methods approved by State and/or Federal oversight bodies are limited or unavailable. TOGS 1.3.13 establishes how the GVs for PFOA, PFOS, and 1,4-D are applied to State Pollutant Discharge Elimination System (SPDES) permits to optimize environmental protection and minimize financial impacts. In addition to the final guidance implementing actions to control industrial discharges, DEC is actually working on proposing draft guidance to address emerging contaminants discharged through Publicly Owned Treatment Works (POTWs).

In 2020, New York formally adopted among the nation's lowest MCLs for drinking water for PFOA and PFOS at 10 parts per trillion (ppl)m and the first national standard for 1, 4-Dioxane at 1 part per billion (ppb). The MCLs were promulgated by the State's Drinking Water Quality Council, a body of water quality experts and scientists charged with setting limits in absence of federal standards for these emerging chemicals that have been pervasive in drinking water systems nationwide.

While MCLs adopted by the DOH provide protection for finished drinking water, DECs guidance values will provide complementary protection of ambient waters used as drinking water sources. The guidance values will initially be incorporated into requirements for industrial discharges needing a DEC State Pollutant Discharge Elimination System (SPDES) permit, so facilities do not contribute to harmful levels of emerging contaminants in the environment and these contaminants are appropriately controlled at industrial sources rather than downstream treatment systems.

Documents

Below are the finalized TOGS documents and Assessment of Public Comments. Also provided are the facts sheets detailing the derivation of the GVs.

• Addendum to TOGS 1.1.1: Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (PDF)
• Revision of TOGS 1.3.7: Analytical Detectability and Quantitation Guidelines for Selected Environmental Parameters (PDF)
• New TOGS 1.3.13: Permitting Strategy for Implementing Guidance Values for PFOA, PFOS, and 1,4-Dioxane (PDF)
• Assessment of Public Comments - Division of Water Technical and Operational Guidance Series (TOGs) Related to the Control of PFOA, PFOS, and 1, 4-Dioxane (PDF)
• Perfluorooctane Sulfonic Acid (PFOS) New York State Human Health Fact Sheet (PDF)
• Perfluorooctanoic Acid (PFOA) New York State Human Health Fact Sheet (PDF)
• 1,4-Dioxane New York State Human Health Fact Sheet (PDF)
• Perfluorooctane Sulfonic Acid (PFOS) New York State Aquatic Life Fact Sheet (PDF)
• 1,4-Dioxane New York State Aquatic Life Fact Sheet (PDF)

¹ TOGS 1.1.1 was last issued in June 1998, with addenda in 2000 and 2004 to add protection for specific chemicals. TOGS 1.1.1 is the DOW's mechanism to establish guidance values.Ambient Monitoring for PFAS and 1,4-Dioxane

DEC continues to monitor ambient water quality in lakes and streams for PFAS and 1,4-dioxane as part of the Rotating Integrated Basin Studies (RIBS) Screening Network. The monitoring is conducted at 3 to 4 of the state's 17 major drainage basin each year, providing a statewide perspective over a 5-year cycle.

More about Emerging Contaminants

Division of Environmental Remediation PFAS information webpage

Division of materials management's Program Policy 7 - Biosolids Recycling in new York State - Interim Strategy for the Control of PFAS Compounds

Questions?

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