SB 1692 (Brodeur) and HB 1665 (Gossett-Seidman) establish the PFAS and 1,4-dioxane pretreatment initiative within the Department of Environmental Protection (DEP) for the purpose of coordinating wastewater facility industrial pretreatment programs. The bills require wastewater facilities with an industrial pretreatment program to: (1) By July 2025 complete and provide to DEP an inventory of industrial users to identify probable sources of PFAS or dioxane;

(2) Before March 2025, provide notice to DEP of any industrial user that has been initially identified by the inventory as a probable source of PFAS or dioxane discharges. The notice must inform industrial users that they may become subject to pretreatment standards and requirements; (3) Submit to DEP a final inventory of industrial users that are subject to pretreatment standards and requirements and notify the users that they may be subject to enforcement action by July 2026; (4) Issue a permit, order or other measure to enforce applicable pretreatment standards; and (5) By July 2027, sample each industrial user’s facilities and other at-risk sites. If the sample is above discharge limits, the wastewater facility must implement corrective action to reduce levels of PFAS or dioxane at the user’s facilities or other at-risk sites. Beginning July 2026, the bills establish specified discharge limits for PFAS and dioxane for industrial users until new discharge limits are adopted by DEP. The bills provide that before July 2027, an entity may not be subject to civil or criminal penalties for violations of the bills’ requirements. After July 2027, the bills direct DEP to consider the financial situation and costs of corrective actions for each wastewater facility that may be out of compliance with its permit or order when considering enforcement action for violations of pretreatment standards or violations of water quality standards. (O’Hara)