Although technically in the Mid-Atlantic Biosolids Association (MABA)’s region, NEBRA has been meeting with MABA, the New York Water Environment Association and others to keep an eye on the outlook for biosolids management in New York. With the legislature once again considering a 5-year moratorium on the beneficial use of biosolids, NEBRA expressed the same concerns it had with the legislative proposal in New Hampshire. NEBRA and MABA have sent several joint letters (in April and again in May) to the main sponsor of the bill. The bill (A6192D/S5759C) was “reported and committed” to the Finance Committee on May 20th.

The main concerns expressed in the letter to the sponsor, Dr. Anna Kelles, were:     

Infrastructure and Capacity Limitations: New York currently lacks the landfill capacity required to absorb the volume of biosolids that a land-application ban would displace. The estimated amount that would require diversion is 97,000 tons of biosolids annually. This would require large amounts of bulky waste to be mixed with sludges to ensure the structural safety of the landfill.  

Economic Impact on Ratepayers: Shared data from Maine indicates that a similar ban resulted in a 175% increase in biosolids disposal costs. For New York, the financial implications are substantial; the New York Water Environment Association estimates a statewide impact of $324 million to $484 million.

Regional Infrastructure Dependency: Biosolids management is a regional challenge, with approximately 51% of New York’s biosolids currently managed in neighboring states. Actions in New York could prompt retaliatory policy shifts in the states upon which New York utilities depend, suggesting that residuals management requires interregional cooperation rather than isolated state-level bans.

Environmental and Climate Goals: Banning land application may conflict with New York’s Climate Leadership and Community Protection Act (CLCPA) goals. Biosolids are a primary source of methane in landfills, a gas around 80 times more potent than carbon dioxide at trapping heat in the immediate term. Landfilling these materials instead of recycling their nutrients increases greenhouse gas emissions and removes valuable organic fertilizers from the agricultural sector.

Addressing the Root Cause: PFAS in biosolids are trace residuals from household and consumer products. We advocate for a "source control" approach that prioritizes banning PFAS in non-essential consumer goods. NEBRA and MABA expressed support the New York Department of Environmental Conservation’s current efforts to regulate biosolids through their Division of Materials Management screening limits framework.

Included with the letters, was a copy of the “capacity and cost” analysis prepared by Brown and Caldwell as part of the regional biosolids associations’ efforts to provide important information to legislatures considering drastic actions that will severely impact biosolids management in the region. Massachusetts, Vermont, and other Northeast states are highly reliant on outlets in New York State.

NEBRA and MABA recommended the development of a study commission and a long-term plan for the state similar to efforts in other Northeast states. While the statewide moratorium is still being debated, there are several efforts at the local level that have passed, including in Steuben County where a six month pause if land application permits has been approved by the county legislature.  

NEBRA’s Reg-Leg Committee continues to monitor the legislation in New York and other states and provinces around the region.