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19 December 2025

New York Issues Suite Of PFAS Response Actions, Including A New Study, Final Guidance, And Draft Policies

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The New York State Department of Environmental Conservation (NYS DEC) issued on December 11, 2025, a suite of per- and polyfluoroalkyl substances (PFAS) response actions...
United States New York Environment
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The New York State Department of Environmental Conservation (NYS DEC) issued on December 11, 2025, a suite of per- and polyfluoroalkyl substances (PFAS) response actions and resources intended to protect communities. The materials released include a new progress report detailing New York State's leadership in addressing PFAS; a new study on the presence of PFAS on the landscape; final wastewater treatment plant guidance that protects drinking water and other surface waters; proposed new policies directing NYS DEC's actions in PFAS investigations and sampling of biosolids products; and a new webpage — dec.ny.gov/pfas — "that provides a one-stop resource about these and other initiatives and information about DEC's multifaceted efforts to address PFAS." NYS DEC has taken the following steps to assess and address PFAS sources in the environment:

  • Final Technical and Operational Guidance Series (TOGS) for Publicly Owned Treatment Works (POTW): NYS DEC's Division of Water released final guidance building upon the 2023 guidance outlining how NYS DEC will collect additional PFAS information from POTWs. According to NYS DEC, "[d]ue to the historical and continued use of PFAS in consumer products, it is difficult for wastewater treatment plants to completely eliminate these pollutant inputs," and they will continue to be found in wastewater treatment streams and biosolids created when treating wastewater.
  • Draft Policy Requiring Sampling of PFAS in Biosolid Products (DMM-7a): NYS DEC's Division of Materials Management proposed a new draft policy that expands on the requirements of NYS DEC's existing policy, Biosolids Recycling in New York State — Interim Strategy for the Control of PFAS Compounds (DMM-7), to require sampling and analysis of soil products produced from biosolids (biosolids products) such as compost and heat-dried products. Once the policy is issued in final, "all currently permitted facilities that accept biosolids, as well as facilities with approvals to distribute biosolids products from out-of-state sources, must analyze the biosolids product for PFAS compounds at a [New York State Department of Health]-certified laboratory." DEC will collect this information and combine it with other PFAS data on biosolids to develop a regulation setting appropriate biosolid analytical and operating limits. Public comments are due January 9, 2026.
  • New York State Rural Background Study: NYS DEC states that it recently completed a study of PFAS concentrations in rural soils that are not near industrial discharges and known sources of PFAS. The study presents results similar to those seen in other northeast states, with perfluorooctanesulfonate (PFOS) detected in more than 97 percent of surface soil samples and perfluorooctanoic acid (PFOA) detected in 76.5 percent. NYS DEC will consider this study in establishing future cleanup requirements for PFAS.
  • Draft Policy Revisions Detailing State Assistance for Contaminated Water Supplies (DER-24): NYS DEC's Division of Environmental Remediation's (DER) proposed changes to DER-24 to align with the data collected during the Rural Background Study showing the prevalence of PFAS in New York State's environment. The draft policy recognizes that not all PFAS drinking water contamination is connected to a singular industrial source, spill, or other known point source. NYS DEC notes that wastewater, leachate, septic systems, runoff, and rainwater are among the potential contributors to PFAS contamination in the overall environment. The draft policy establishes new guidance for when NYS DEC will provide alternate water for private water supplies impacted by a DER program site or spill. It provides general procedures for the development of an Area of Interest to study the source of PFAS contamination, the interpretation of initial drinking water results, and the selection, implementation, and discontinuation of an alternate water supply, as appropriate. Public comments are due February 10, 2026.

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