Amendment ID: S3029-43
Amendment 43
PFAS in Biosolids and Fertilizers
Messrs. Cyr and Eldridge move that the proposed new draft be amended by inserting the following sections:-
SECTION X. Section 8 of Chapter 21A of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by inserting after the words “one hundred and sixty-six, inclusive” the following words:- , one hundred and seventy-one A
SECTION X. Chapter 111 of the General Laws is hereby amended by inserting after section 171 the following section:-
Section 171A. Biosolids; PFAS testing
(a) For the purposes of this section, the following words shall have the following meanings:
“Biosolids”, treated or untreated sewage sludge.
“Department”, the department of environmental protection.
“Fertilizer”, shall be as defined in section 64 of chapter 128.
“PFAS”, shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) Fertilizer derived from or containing biosolids or sewage sludge, soil amendments derived from or containing sewage sludge and other product or material that is intended for use as a fertilizer, soil amendment, topsoil replacement or mulch or for other similar agricultural purpose that is derived from or contains sludge shall not be sold or otherwise transferred to consumers unless the manufacturer demonstrates that said product does not contain PFAS in excess of the threshold established by the department.
(c) A manufacturer of any fertilizer or other soil amendment shall test for the presence of PFAS using analytical methods approved by the department of environmental protection and the department of agricultural resources. The manufacturer shall notify the department of environmental protection of the method and results of said testing in writing regardless of the amount of PFAS present. The manufacturer’s written notice shall be submitted electronically in a format to be specified by the department, in consultation with the department of agricultural resources. The department shall make information reported under this subsection available to the public via the department’s website.
(d) The department of environmental protection, in coordination with the department of public health and the department of agricultural resources, shall promulgate rules and regulations necessary to carry out and enforce this section, including the threshold of permitted PFAS in the sale or transfer of fertilizer or other agricultural products that are derived from or contain sludge.
SECTION X. Chapter 128 of the General Laws is hereby amended by inserting after section 66 the following section:-
Section 66A. Fertilizer, soil testing
(a) The commissioner shall not issue a license pursuant to section 66 for the retail sale of any fertilizer or other soil amendment that has not been tested for the presence of PFAS in accordance with section 171A of chapter 111. For the purposes of this section, “PFAS” shall mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom.
(b) The commissioner shall not issue a license pursuant to section 66 for the retail sale of any fertilizer or other soil amendment which contains measurable PFAS in excess of the threshold established by the department.
SECTION X. Chapter 16 of the General Laws, as appearing in the 2024 Official Edition, is hereby amended by adding the following 2 sections:-
Section 25. The department shall investigate and study the sludge disposal needs of the commonwealth, including, but not limited to, appropriate management techniques for source, toxicity and volume reduction, wastewater treatment design and operation and any other innovative, environmentally sound technologies. Said investigation shall identify, to the maximum practical extent:
(1) the sources, types, toxicity and quantities of sewage sludge generated at each wastewater treatment plant;
(2) the current means for collection, transfer, processing and disposal of sludge, and the length of, and termination date of any existing contract entered into by any city or town for the contracting of the collection, transfer, processing and disposal of sludge; and
(3) the adequacy of wastewater treatment facilities to protect employees on-site, the public health, safety and environment.
The department, after not less than 3 public hearings, held in geographically diverse areas of the commonwealth, and a public comment period, shall develop and maintain a comprehensive statewide master plan for sludge including any necessary provisions to meet eligibility requirements under any federal program for financial aid in sludge management. Any amendment, alterations or changes to said master plan shall be adopted only after a public hearing.
For the purposes of this section, toxicity shall include any and all pathogens, chemicals or other agents or molecules regulated by the commonwealth, and any substance known to cause harm to human health.
The comprehensive statewide master plan referred to herein shall describe, to the maximum practicable extent, a short and long-range program for reduction and management of sludge throughout the commonwealth, and the funding for the development of such systems, infrastructure and facilities which the department finds to be reasonably necessary.
Without limitation of the foregoing, said plan shall, to the maximum practicable extent, include, but not be limited to:
(1) A program for providing technical assistance and funding to cities and towns to develop local sludge management plans;
(2) A template local sludge management plan which cities and towns shall adopt and may alter provided that any alterations are certified by the department as being compliance with the goals of this section, and provided further that no city or town shall be required to adopt a plan without having received technical assistance and funding from the department;
(3) Goals and measurable benchmarks for the reduction, processing, toxicity and disposal of sludge in the commonwealth, as well as methods and solutions to achieve said goals and benchmarks, including, but not limited to:
(i) the creation and maintenance of specialized landfills for sludge disposal;
(ii) the transportation of sludge out of the commonwealth;
(iii) the implementation of methods for reducing the volume and toxicity of sludge, including by facilitating source reduction and remediation;
(iv) the development of new or improved technologies and methods for reducing the volume and toxicity of sludge; and
(v) the remediation of toxic chemicals and substances in wastewater and in sludge;
(4) Criteria that would trigger updates to the plan, including, but not limited to, advancements in the treatment of sludge, and procedures for determining if and how sludge could possibly be safely applied to land in the commonwealth; and
(5) Estimates of the expected financial resources, and any regulatory or statutory changes, needed to implement said plan.
The statewide master plan for sludge shall be posted online on the department’s website. All data, comments and reporting used by the department in drafting the plan shall be made easily available to the public on the department’s website.
Section 25A. The department of environmental protection shall establish a grant program to aid municipalities and publicly owned wastewater treatment plants in researching practices and technologies; implementing practices, technologies and programs; and overhauling systems and infrastructure to reduce the volume of sludge and reduce the toxicity of the wastewater entering the treatment plant.