Section 9-354 - [Effective 7/1/2024] Applicability(a) This section applies to a significant industrial user that:(1) Has a pretreatment permit; and(2) Is currently and intentionally using PFAS chemicals .
(b) On or before October1, 2024, the Department shall, in collaboration with publicly owned treatment works and significant industrial users in the State, identify the significant industrial users that currently and intentionally use PFAS chemicals.(c) On or before January 1, 2025, in accordance with guidance from the U.S . Environmental Protection Agency, the Department shall develop PFAS monitoring and testing protocols for significant industrial users identified in accordance with subsection (b) of this section.(d)(1) On or before June 1, 2025, the Department shall, in collaboration with publicly owned treatment works and the significant industrial users in the State identified in accordance with subsection (b) of this section, develop PFAS action levels for addressing PFAS contamination from industrial discharge for pretreatment permits.(2) On or before September 1, 2025, the Department shall, in collaboration with publicly owned treatment works and the significant industrial users in the State identified in accordance with subsection (b) of this section, develop mitigation plans for addressing PFAS contamination from industrial discharge for pretreatment permits.(3) The mitigation plans under paragraph (2) of this subsection shall include strategies and options for reducing the presence of PFAS in industrial discharge, including : (i) Substituting or eliminating products containing PFAS chemicals;(ii) Taking precautions to avoid accidental discharges;(iii) Decontaminating or replacing equipment contaminated with PFAS chemicals; or(iv) Using any other method the Department determines is necessary for the reduction or elimination of PFAS chemicals in water. (e) In accordance with regulations adopted by the U.S. Environmental Protection Agency regarding the storage of PFAS chemicals, a significant industrial user shall safely store PFAS chemicals that were captured after reducing PFAS chemicals from water in accordance with this section.(f) A significant industrial user may dispose of stored PFAS chemicals using safe disposal systems or technologies approved by the Department .(g) A significant industrial user shall: (1)(i) By September 1, 2025, measure the levels of PFAS chemicals in its industrial wastewater using methods approved by the Department; and(ii) Report the levels of PFAS chemicals in the industrial wastewater in a manner approved by the Department;(2) By July 1, 2026, and in accordance with this section, implement measures to reduce PFAS chemicals from water discharged to a publicly owned treatment works;(3) Provide documentation of PFAS storage or reuse on request to:(i) The Attorney General;(vi) Any other State or local governmental entity; and(4) Report the storage or disposal of PFAS chemicals under 40 C.F.R. Part 372 (Toxic Chemical Release Reporting).Added by 2024 Md. Laws, Ch. 557,Sec. 1, eff. 7/1/2024.Added by 2024 Md. Laws, Ch. 556,Sec. 1, eff. 7/1/2024.