2020 -- H 7216 | |
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LC003634 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER, | |
GROUNDWATER AND SURFACE WATERS | |
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Introduced By: Representatives Speakman, Cortvriend, Carson, Cassar, and Donovan | |
Date Introduced: January 22, 2020 | |
Referred To: House Environment and Natural Resources | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
2 | hereby amended by adding thereto the following chapter: |
3 | CHAPTER 32 |
4 | PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS |
5 | 46-32-1. Short title. |
6 | This chapter shall be known and may be cited as the "PFAS in Drinking Water, |
7 | Groundwater and Surface Waters Act." |
8 | 46-32-2. Legislative findings. |
9 | It is recognized and acknowledged by the general assembly that: |
10 | (1) Per- and polyfluoroalkyl substances (PFAS), and other perfluorochemicals are a large |
11 | group of human-made chemicals that have been used in industry and consumer products |
12 | worldwide since the 1950s. |
13 | (2) PFAS are potentially toxic to humans even in very small concentrations and pose a |
14 | wide range of health threats. They are suspected to cause cancer and have been linked to growth, |
15 | learning, and behavioral problems in infants and children. They can also cause problems with |
16 | fertility and pregnancy; compromise immune systems; and interfere with natural hormones and |
17 | with liver, thyroid, and pancreatic function. Developing fetuses and newborn babies are |
18 | particularly vulnerable to PFAS. |
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1 | (3) PFAS enter the environment from numerous industrial and commercial sources, |
2 | including from emissions during manufacturing processes, from the disposal of goods containing |
3 | PFAS, and from leachate from landfills. |
4 | (4) Many PFAS do not break down and persist in the environment for a very long time, |
5 | especially in water, and, consequently, PFAS can be found in many bodies of water and in the |
6 | blood of humans and wildlife. |
7 | (5) United States manufacturers have voluntarily worked to reduce releases of long-chain |
8 | PFAS due to their toxic effects on human health. The PFAS with fewer than eight (8) carbon- |
9 | fluorine bonds currently being used as alternatives to perfluorooctanoic acid (PFOA) and |
10 | perfluorooctane sulfonate (PFOS) are also highly persistent and subject to long-range transport. |
11 | In addition, the alternative PFAS have similar potential for harm as the long-chain PFAS. |
12 | (6) Over two hundred (200) scientists from all over the world have signed a statement |
13 | calling for governments to limit the use of PFAS while studies determine the safety of these |
14 | chemicals, given their persistence in the environment, potential for harm, and lack of adequate |
15 | data proving safety. |
16 | (7) To prevent further contamination of state water, and to reduce the potential harmful |
17 | effects of PFAS on human health and the environment, the objectives of this chapter are: |
18 | (i) Authorize the department of health, in consultation with the water resources board, to |
19 | adopt by rule maximum contaminant level or levels for PFAS to protect the quality and safety of |
20 | the public drinking water supply in compliance with the provisions of chapter 15.3 of title 46; |
21 | (ii) Prior to adoption by rule of maximum contaminant level or levels for PFAS, require |
22 | public water supply systems to monitor for certain PFAS chemicals and respond appropriately |
23 | when results indicate levels of PFAS in excess of the interim drinking water standard level; and |
24 | (iii) Require the department of health to adopt groundwater and surface water quality |
25 | standards for certain PFAS chemicals. |
26 | 46-32-3. Interim drinking water standard and testing requirements. |
27 | (a) As used in this chapter, “Per- and PFAS contaminants” means perfluorooctanoic acid |
28 | (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), |
29 | perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic |
30 | acid (PFDA). |
31 | (b) On or before December 1, 2020, all public water supply systems in the state as |
32 | defined by § 46-13-2 shall conduct monitoring for the presence of PFAS contaminants in drinking |
33 | water supplied by the system. Regular monitoring shall be conducted as follows until adoption of |
34 | maximum contaminant level rules pursuant to § 46-32-4: |
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1 | (1) If monitoring results detect the presence of any PFAS contaminants individually or in |
2 | combination in excess of the interim drinking water standard level of twenty parts per trillion (20 |
3 | ppt), the public water supply system shall conduct continued quarterly monitoring. |
4 | (2) If monitoring results detect the presence of any PFAS contaminants individually or in |
5 | combination at a level equal to or below the interim drinking water standard level of twenty parts |
6 | per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually. |
7 | (3) If monitoring results do not detect the presence of any PFAS contaminants, the public |
8 | water supply system shall conduct continued monitoring every two (2) years. |
9 | (c) If monitoring results under subsection (b) of this section confirm the presence of any |
10 | PFAS contaminants individually or in combination in excess of the interim drinking water |
11 | standard level of twenty parts per trillion (20 ppt), the department of health shall direct the public |
12 | water supply system to implement treatment or other remedy to reduce the levels of PFAS |
13 | contaminants in the drinking water of the public water supply system below the interim drinking |
14 | water standard level. |
15 | (d) On or before August 1, 2021, if the PFAS contaminants exceed the level of twenty |
16 | parts per trillion (20 ppt), the public water supply system shall provide potable water through |
17 | other means to all customers or users of the system. The requirement for a public water supply |
18 | system to provide potable water to customers and users of the systems through other means shall |
19 | cease when monitoring results indicate that the levels of PFAS contaminants in the drinking water |
20 | of the public water supply system are below the interim drinking water standard level of twenty |
21 | parts per trillion (20 ppt). |
22 | (e) The director of the department of health is authorized to enforce the requirements of |
23 | this chapter in accordance with the provisions of chapter 13 of title 46 and violations will be |
24 | subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a |
25 | decision of the director, a penalty imposed for violation or the fact of violation pursuant to the |
26 | provisions of chapter 35 of title 42, (the "administrative procedures act"). |
27 | 46-32-4. Interim final rules (IFRs). |
28 | On or before August 1, 2021, the director of the department of health shall pursuant to |
29 | this section adopt and publish interim final rules (IFRs) with the secretary of state regarding |
30 | adoption of the interim drinking water standard level for perfluorooctanoic acid (PFOA), |
31 | perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic |
32 | acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA) as a |
33 | maximum contaminant level (MCL). Upon the effective date of the interim final rule, the |
34 | drinking water monitoring provisions of § 46-32-3 may be suspended, modified or superseded by |
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1 | the provisions of the interim final rules. |
2 | 46-32-5. Standard for per- and polyfluoroalkyl substances as a class or subclass. |
3 | (a) On or before February 1, 2022, the director of the department of health shall initiate a |
4 | public notice and comment process by publishing a copy of the IFRs and an advance notice of |
5 | proposed rulemaking pursuant to § 42-35-2.5 regarding the regulation under the rules and |
6 | regulations pertaining to public drinking water of per- and polyfluoroalkyl (PFAS) compounds as |
7 | a class or subclasses. |
8 | (b) On or before September 1, 2022, the director of the department of health shall either: |
9 | (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS |
10 | compounds under the rules and regulations pertaining to public drinking water as a class or |
11 | subclasses; or |
12 | (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses |
13 | under the rules and regulations pertaining to public drinking water that includes, at a minimum, |
14 | an identification of all legal, technical, or other impediments to regulating PFAS compounds as a |
15 | class or subclasses and a detailed response to all public comments received. |
16 | (c) If the director of the department of health proposes a rule pursuant to subsection (b) of |
17 | this section, the director of the department of health shall file under § 42-35-4 a final rule with the |
18 | secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the |
19 | rules and regulations pertaining to public drinking water on or before June 30, 2023. |
20 | 46-32-6. Groundwater quality standards for per- and polyfluoroalkyl substances. |
21 | (a) On or before July 15, 2021, the director of the department of health shall publish a |
22 | plan for public review and comment for adoption of groundwater quality standards for per- and |
23 | polyfluoroalkyl substances (PFAS) that shall include, at a minimum, a proposal for standards for: |
24 | (1) Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), |
25 | perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid |
26 | (PFHpA) and perfluorodecanoic acid (PFDA); and |
27 | (2) The PFAS class of compounds or subgroups of the PFAS class of compounds. |
28 | (b) On or before July 1, 2023, the director of the department of health shall file under § |
29 | 42-35-4 a final rule with the secretary of state to adopt groundwater quality standards for, at a |
30 | minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), |
31 | perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid |
32 | (PFHpA) and perfluorodecanoic acid (PFDA). |
33 | 46-32-7. Surface water quality standards for per- and polyfluoroalkyl substances. |
34 | (a) On or before July 15, 2021, the director of the department of health shall publish a |
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1 | plan for public review and comment for adoption of groundwater quality standards for per- and |
2 | polyfluoroalkyl substances (PFAS) that shall include, at a minimum, a proposal for standards for: |
3 | (1) Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), |
4 | perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid |
5 | (PFHpA), and perfluorodecanoic acid (PFDA); and |
6 | (2) The PFAS class of compounds or subgroups of the PFAS class of compounds. |
7 | (b) On or before July 1, 2023, the director of the department of health shall file under § |
8 | 42-35-4 a final rule with the secretary of state to adopt groundwater quality standards for, at a |
9 | minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), |
10 | perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid |
11 | (PFHpA), and perfluorodecanoic acid (PFDA). |
12 | 46-32-8. Investigation of potential sources of per- and polyfluoroalkyl substances |
13 | contamination. |
14 | (a) On or before November 1, 2020, the director of the department of health shall publish |
15 | a plan for public review and comment to complete a statewide investigation of potential sources |
16 | of per- and polyfluoroalkyl substances (PFAS) contamination. As part of this investigation, the |
17 | director of the department of health shall conduct a pilot project at public water systems to |
18 | evaluate PFAS that are not quantified by standard laboratory methods using a total oxidizable |
19 | precursor assay or other applicable analytical method to evaluate total PFAS. The director of the |
20 | department of health shall initiate implementation of the plan not later than January 1, 2021. |
21 | (b) On or before June 1, 2021, all public water systems shall conduct monitoring for the |
22 | maximum number of PFAS detectable from standard laboratory methods. |
23 | 46-32-9. Contaminants of emerging concern pilot project. |
24 | On or before July 15, 2021, the department of environmental management shall submit to |
25 | the house committee on environment and natural resources, the house committee on health, |
26 | education and welfare, the senate committee on environment and agriculture, and the senate |
27 | committee on health and human services a report regarding the management at landfills of |
28 | leachate containing contaminants of emerging concern cholorofluorocarbons (CECs). The report |
29 | shall include: |
30 | (1) The findings of the leachate treatment evaluation conducted at any landfill located in |
31 | the state; |
32 | (2) The department of environmental management’s assessment of the results of landfill |
33 | leachate evaluations; and |
34 | (3) The department of environmental management’s recommendations for treatment of |
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1 | CECs in leachate from landfills, including whether the state should establish a pilot project to test |
2 | methods for testing or managing CECs in landfill leachate. |
3 | SECTION 2. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER, | |
GROUNDWATER AND SURFACE WATERS | |
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1 | This act would provide for the department of health to take action to establish maximum |
2 | contaminate levels of polyfluoroalkyl substances (PFAS) and set interim standards. The act |
3 | would also provide that the department of environmental management provide a report regarding |
4 | leachate contaminants from landfills concerning cholorofluorocarbons (CECs). |
5 | This act would take effect upon passage. |
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