Skip to content

On Dec. 10, 2025, the New York Department of Environmental Conservation (DEC) announced the following new and updated policies, final guidance for publicly owned treatment works, and a rural background study, all related to the State’s efforts on addressing Per- and Polyfluoroalkyl Substances (PFAS) and their effects. Over the last several years, New York has been working to address PFAS sources and impacts, and these latest announcements are another step in the State’s progress. 

Final Technical and Operational Guidance Series (TOGS) 1.3.14 for Publicly Owned Treatment Works (POTW)

TOGS are memos that provide information on program delegation, special assignments, and explanation and technical detail for the day-to-day operation of the Division of Water responsibilities. TOGS 1.3.14 reflects DEC’s initial implementation strategy for applying the guidance values for Perfluorooctanoic acid (PFOA), Perfluorooctanesulfonic acid (PFOS), and 1,4-Dioxane (1,4-D) in State Pollutant Discharge Elimination System permits for (POTWs). Stakeholder comments on the draft policy requested that the State move more aggressively, and that the DEC immediately establish enforceable effluent limitations and require monitoring across all POTWs. Other comments suggested DEC delay action and wait for the U.S. Environmental Protection Agency (EPA) to develop national guidance or regulations. Ultimately, the DEC decided to move forward with the TOGS and rationalized that the approach balances urgency with practicality, uses existing science-based tools, and remains responsive to stakeholder needs.

Draft Program Policy 7a – Biosolids Recycling in New York State – Interim Strategy to Address PFAS in Biosolids Products

DEC also proposed Program Policy DMM-7A, which requires facilities to sample and analyze biosolids-derived soil products, such as compost and heat dried products for PFAS, and report the results to DEC. This interim policy expands on the existing DMM-7 requirements that mandate biosolids source sampling and reporting by all Subpart 361-2 and 361-3 permitted facilities. Recognizing the beneficial uses of biosolids, such as improving soil health and supporting crop growth, DMM-7A aims to generate data on PFAS concentrations in biosolids products to aid DEC in developing future regulations and assess how potential PFAS standards may affect biosolids facilities and consumers. These requirements apply both to in-state biosolids facilities permitted under 6 NYCRR Subpart 361-3 and to biosolids imported into the state, all of which must begin sampling within 90 days of the policy’s issuance. The policy is available for public comment until Jan. 9, 2026.

New York State Rural Background Study

As part of its effort to develop soil cleanup standards for PFOA and PFOS, DEC looked at rural soil background concentrations and released a background study for anthropogenic PFAS concentrations in soil. DEC’s contractor collected over 500 soil samples in 2023 and analyzed them for 40 PFAS compounds in accordance with the EPA 4th Draft Method 1633. Based on the analysis, DEC will propose to use the Upper Tolerance Limit (95-95 UTL) to establish soil background concentrations of 3.0 ug/kg (ppb) for PFOS and 1.5 ug/kg (ppb) for PFOA. These results will be reflected in an update to 6 NYCRR Part 375. It is important to note that DEC filed a notice of adoption, which will be published in the State Register on Wednesday, Dec. 31, 2025, for revisions to Part 375, so any updates to propose new soil cleanup standards for PFOA and PFAS would require a new rulemaking process, subject to its own public comment period.  

Proposed Update to DER-24 / Assistance for Contaminated Water Supplies

DER-24 provides DEC staff guidance to consistently determine when to sample individual water supplies within an Area of Interest related to a program designated remedial site or spill and subsequent provision of an Alternate Water Supply (AWS), if appropriate. Specifically, it details procedures for interpreting initial drinking water results, and, if appropriate, selection, implementation, monitoring, maintenance, and discontinuation of an AWS. Significant changes were made from the initial policy, which was originally released in 2008, to recognize scientific advances and to implement the requirements of the CLCPA. The policy is available for public comment until Feb. 10, 2026.

*Special thanks to Legislative Specialist Olivia Sheffer for contributing to this blog post.

Photo of Steven C. Russo Steven C. Russo

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and

…

Steven C. Russo chairs the firm’s New York Environmental Practice. He focuses his practice on environmental law and litigation, environmental permitting, National Environmental Policy Act (NEPA), State Environmental Quality Review Act (SEQRA) review, toxic tort litigation, environmental crimes, Brownfields redevelopment, government, energy and the environmental aspects of land use and real estate law. Steven is equally experienced litigating in federal and state courts, as well as counseling his clients with regard to environmental liability risk and due diligence, permitting, Brownfields, and impact assessment and review. He also practices election and campaign finance law.

Prior to joining the firm, Steven was the Chief Legal Officer of the New York State Department of Environmental Conservation. There, he supervised approximately 90 attorneys in Albany, as well as the agency’s nine regional offices. He also supervised the agency’s legislative affairs department and Office of Environmental Justice. At the agency, Steven initiated a reform of the state’s environmental review regulations and assessment forms, completed the issuance of new power plant siting regulations pertaining to environmental justice and carbon emissions and revised the agency’s environmental audit policy.

Steven also serves as election law counsel to a number of New York State and federal campaigns and political parties.

Read more about Steven C. Russo
Show more Show less
Photo of Jeshica Patel Jeshica Patel

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state…

Jeshica Patel focuses her practice on government, law, and policy matters with a focus on New York State environmental and energy issues. She has deep experience representing government agencies and authorities on environmental, energy, and agriculture matters, and coordinating legal affairs for state agencies including the Department of Environmental Conservation, Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of Public Service, Office of Renewable Energy Siting, New York Power Authority, and New York State Energy Research and Development Authority.

Prior to joining Greenberg Traurig, Jeshica served as assistant counsel to Governor Kathy Hochul for Energy, Environment, and Agriculture in the New York State Executive Chamber.

Show more Show less