State officials are waiting on the U.S. Environmental Protection Agency (EPA) to release additional guidance about PFAS, or toxic per- and polyfluoroalkyl substances that poison ground and drinking water, before it expands regulating the chemical at the state level.

The EPA recommended four types of PFAS be no higher than 0.004 parts per trillion in drinking water in new health advisories released this summer.

The state Health Department released draft standards for 23 types of PFAS and drinking water earlier this month, recommending no more than 10 parts per trillion — or 2,500 times higher than the EPA's recommendation.

"We're evaluating that," said Sean Mahar, executive deputy commissioner with the state Department of Environmental Conservation. "When the EPA came out with this new information, it gave us pause. We're awaiting additional action from EPA at present."

Scientists with the state DEC and health departments work together to set drinking water safety and water quality standards, proposed by the Drinking Water Quality Council. 

The health advisory levels EPA released in June warn of health risks associated with PFAS compounds, but the standards are not enforceable. 

PFAS are not regulated with enforcement at the federal level. The state classifies several PFAS compounds as hazardous substances and Maximum Contaminant Levels that DEC can legally enforce.

"We're now waiting for the federal government to move on this to ensure from a drinking water perspective, we have the most appropriate levels set here in the state," Mahar said. "We're encouraging EPA to set enforceable limits ... and we will adapt and evolve our regulatory measures accordingly."

The Health Department adopted the council's recommendations in 2020 DWQC to set health-based, feasible and enforceable Maximum Contaminant Levels of 10 ppt for PFOA and PFOS. Gov. Hochul signed an amendment in December requiring the department to draft regulations for 23 additional PFAS contaminants, according to DOH.

PFAS pollutants are commonly used in stain-resistant fabrics, non-stick pans, cleaning products, paints and more everyday objects. 

If found in drinking water, the chemicals build up in the body and can disrupt immune systems, child development, hormones and fertility, according to The National Institutes of Health.

"We have to really be thinking forward about how we're going to protect our freshwater resources," Sen. Rachel May said Thursday.

May, a Democrat from Syracuse, introduced a bill this summer addressing the chemical's presence in waterways, and to require water treatment plants and companies that discharge water to conduct annual testing and disclose the PFAS in its waste. 

"This will enable governments to find out where it's coming from so that they can stop it at the source," she said.

With no federal or state PFAS regulations for companies that discharge water, environmental advocates are pleading for state and federal officials to take action.

Yvonne Taylor, vice president with Seneca Lake Guardian, has been fighting for greater oversight of pollutants and the closure of Seneca Meadows Landfill — the largest in New York that sends its leachate across the state.

"It goes to Buffalo, Watertown, Chettnango, Steuben County and even in New Jersey, where it is often untreated and then discharged into our waterways," Taylor said.

The landfill produces 200,000 gallons of leachate per day, according to Seneca Lake Guardian.

Advocates say when items containing PFAS are thrown into landfills, the chemicals seep into the leachate before transport to other municipal wastewater plants. Each locality treats waste, and its potential chemicals, differently.

"New York is trying to get a handle on this emerging contaminant — it is ubiquitous," Taylor said. "We need to start regulating this chemical family."

But officials with Seneca Meadows Landfill say its leachate is pretreated to remove PFAS before discharged into the Seneca Falls sewer system, and the state Department of Environmental Conservation regularly inspects the facility and tests the leachate.

"Seneca Meadows goes above and beyond to protect the local community and environment, all of which is documented by studies and inspections performed by the New York Department of Environmental Conservation," Seneca Meadows Inc. District Manager Kyle Black said. "That includes compliance with all state and local laws and requirements governing leachate disposal. In fact, before leachate is discharged to the Seneca Falls sewer system it is pretreated to remove PFAS using a state-of-the-art biological and reverse osmosis process, a process that is not mandated by any law or regulation."

Seneca Meadows Landfill has onsite reverse osmosis and biological treatment systems for its leachate, according to the DEC on Thursday.

"If and when the state adopts new PFAS requirements, Seneca Meadows will do what it has always done – comply with the law and maintain the same environmental stewardship ethos going above and beyond minimum requirements that we have worked hard to uphold at our facility from day one," Black said.

The DEC requires landfills in the state to test leachate semi-annually. 

"To ensure the protection of groundwater, the landfill is in compliance with all DEC liner requirements and operates a network of groundwater monitoring wells around the landfill that verify protectiveness," according to a statement from the department.

The landfill, which spans 30 stories, submitted an application to DEC in July 2020 to expand its operation an additional seven stories.

The permit remains under review, according to the department.

"DEC continues to evaluate all pathways for intro of PFAS compounds into the environment including landfill leachate," according to a statement from the DEC. "We are actively investigating and documenting of emerging contaminant levels from active and inactive landfills, and immediately taking action if drinking water sources are found to exceed maximum contaminant levels (MCLs), while also exploring remedial technologies to contain and prevent release of emerging contaminants into the environment."

Public comments may be submitted regarding the Health Department's proposed regulations for PFAS in drinking water through Dec. 5.

*Editor's note: This story reflects a change and additional information about when the state commenced PFAS regulations in 2020.