2021 -- S 0107 SUBSTITUTE A | |
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LC000372/SUB A/2 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
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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: Senators Felag, Sosnowski, Euer, Cano, Picard, McCaffrey, and Goodwin | |
Date Introduced: January 26, 2021 | |
Referred To: Senate Environment & Agriculture | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. The General Assembly hereby finds: |
2 | (1) Per- and polyfluoroalkyl substances (PFAS), and other perfluorochemicals are a large |
3 | group of human-made chemicals that have been used in industry and consumer products worldwide |
4 | since the 1950s. |
5 | (2) PFAS are potentially toxic to humans even in very small concentrations and pose a |
6 | wide range of health threats. They are suspected to cause cancer and have been linked to growth, |
7 | learning, and behavioral problems in infants and children. They can also cause problems with |
8 | fertility and pregnancy; compromise immune systems; and interfere with natural hormones and |
9 | with liver, thyroid, and pancreatic function. Developing fetuses and newborn babies are particularly |
10 | vulnerable to PFAS. |
11 | (3) PFAS enter the environment from numerous industrial and commercial sources, |
12 | including, but not limited to, air and wastewater emissions during manufacturing processes, from |
13 | the disposal of wastes, goods, and products containing PFAS, and from leachate from landfills. |
14 | (4) Many PFAS do not break down and persist in the environment for a very long time, |
15 | especially in water, and, consequently, PFAS can be found in many bodies of water and in the |
16 | blood of humans and wildlife. |
17 | (5) United States manufacturers have voluntarily worked to reduce releases of long-chain |
18 | PFAS due to their toxic effects on human health. The PFAS with fewer than eight (8) carbon- |
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1 | fluorine bonds currently being used as alternatives to perfluorooctanoic acid (PFOA) and |
2 | perfluorooctane sulfonate (PFOS) are also highly persistent and subject to long-range transport. In |
3 | addition, the alternative PFAS have similar potential for harm as the long-chain PFAS. |
4 | (6) Over two hundred (200) scientists from all over the world have signed a statement |
5 | calling for governments to limit the use of PFAS while studies determine the safety of these |
6 | chemicals, given their persistence in the environment, potential for harm, and lack of adequate data |
7 | proving safety. |
8 | (7) To prevent further contamination of state water, and to reduce the potential harmful |
9 | effects of PFAS on human health and the environment, the objectives of this chapter are: |
10 | (i) Authorize the department of health, in consultation with the water resources board, to |
11 | adopt by rule maximum contaminant level or levels for PFAS to protect the quality and safety of |
12 | the public drinking water supply in compliance with the provisions of chapter 15.3 of title 46; |
13 | (ii) Prior to adoption by rule of maximum contaminant level or levels for PFAS, require |
14 | public water supply systems to monitor for certain PFAS chemicals and respond appropriately |
15 | when results indicate levels or PFAS in excess of the interim drinking water standard level; and |
16 | (iii) Require the department of environmental management to adopt groundwater standards |
17 | and surface water quality action levels for certain PFAS chemicals. |
18 | SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is |
19 | hereby amended by adding thereto the following chapter: |
20 | CHAPTER 32 |
21 | PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS |
22 | 46-32-1. Short title. |
23 | This chapter shall be known and may be cited as the "PFAS in Drinking Water, |
24 | Groundwater and Surface Waters Act." |
25 | 46-32-2. Interim drinking water standard and testing requirements. |
26 | (a) As used in this chapter, "PFAS contaminants" means perfluorooctanoic acid (PFOA), |
27 | perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic |
28 | acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). |
29 | (b) On or before July 1, 2022, all public water supply systems in the state as defined by § |
30 | 46-13-2, except transient, non-community water systems as defined by the department of health in |
31 | 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS |
32 | contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as |
33 | follows until adoption of maximum contaminant level rules pursuant to § 46-32-4: |
34 | (1) If monitoring results detect the presence of any PFAS contaminants individually or in |
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1 | combination in excess of the interim drinking water standard level of twenty parts per trillion (20 |
2 | ppt) the public water supply system shall conduct continued quarterly monitoring. |
3 | (2) If monitoring results detect the presence of any PFAS contaminants individually or in |
4 | combination at a level equal to or below the interim drinking water standard level of twenty parts |
5 | per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually. |
6 | (3) If monitoring results do not detect the presence of any PFAS contaminants, the public |
7 | water supply system shall conduct continued monitoring every two (2) years. |
8 | (c) If monitoring results under subsection (b) of this section confirm the presence of any |
9 | PFAS contaminants individually or in combination in excess of the interim drinking water standard |
10 | level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a |
11 | manner consistent with applicable regulations governing synthetic organic contaminants, including |
12 | but not limited to, requiring a confirmation sample, prior to directing the public water supply system |
13 | to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking |
14 | water of the public water supply system below the interim drinking water standard level. |
15 | (d) On or before July 1, 2022, if the PFAS contaminants exceed the level of twenty parts |
16 | per trillion (20 ppt), the public water supply system shall provide potable water through other means |
17 | to all customers or users of the system. The requirement for a public water supply system to provide |
18 | potable water to customers and users of the systems through other means shall cease when |
19 | monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public |
20 | water supply system are below the interim drinking water standard level of twenty parts per trillion |
21 | (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 subject |
24 | to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the |
25 | director, a penalty imposed for violation or the fact of violation pursuant to the provisions of chapter |
26 | 35 of title 42 (the "administrative procedures act"). |
27 | 46-32-3. Drinking water standards for PFAS contaminants. |
28 | On or before June 1, 2023, the director of the department of health shall, pursuant to this |
29 | section, file under § 42-35-4 a final rule with the secretary of state regarding adoption of the interim |
30 | drinking water standard level of twenty parts per trillion (20 ppt) for perfluorooctanoic acid |
31 | (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), |
32 | perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid |
33 | (PFDA) as a maximum contaminant level (MCL). Upon the effective date of the 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 final rules. |
2 | 46-32-4. Standard for per- and polyfluoroalkyl substances as a class or subclass. |
3 | (a) On or before February 1, 2023, the director of the department of health shall initiate a |
4 | public notice and comment process by publishing a copy of the final rules and an advance notice |
5 | of 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 substances (PFAS) as a |
7 | class or subclasses. |
8 | (b) On or before September 1, 2023, the director of the department of health shall either: |
9 | (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS compounds |
10 | under the rules and regulations pertaining to public drinking water as a class or subclasses; or |
11 | (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses |
12 | under the rules and regulations pertaining to public drinking water that includes, at a minimum, an |
13 | identification or all legal, technical, or other impediments to regulating PFAS compounds as a class |
14 | or subclasses and a detailed response to all public comments received. |
15 | (c) If the director of the department of health proposes a rule pursuant to subsection (b) of |
16 | this section, the director of the department of health shall file under § 42-35-4 a final rule with the |
17 | secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the |
18 | rules and regulations pertaining to public drinking water on or before June 30, 2024. |
19 | 46-32-5. Groundwater quality standards for per- and polyfluoroalkyl substances. |
20 | (a) On or before December 31, 2022, the director or the department of environmental |
21 | management shall file under § 42-35-4 a final rule with the secretary of state to adopt groundwater |
22 | quality standards for, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid |
23 | (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), |
24 | perfluoroheptanoic acid (PFHxA), and perfluorodecanoic acid (PFDA) consistent with authority |
25 | provided by chapter 32 of title 46. |
26 | 46-32-6. Surface water quality action levels for per- and polyfluoroalkyl substances. |
27 | On or before December 31, 2022, the director of the department of environmental |
28 | management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface water |
29 | quality action levels to address the contamination of Rhode Island waters from releases of, at a |
30 | minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane |
31 | sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and |
32 | perfluorodecanoic acid (PFDA). |
33 | 46-32-7. Investigation of potential sources of per- and polyfluoroalkyl substances |
34 | contamination. |
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1 | (a) On or before November 1, 2022, the director of the department of environmental |
2 | management shall publish a plan for public review and comment to complete a statewide |
3 | investigation of potential sources of per- and polyfluoroalkyl substances (PFAS) contamination. |
4 | As part of this investigation, the director of the department of health shall conduct a pilot project at |
5 | public water systems by an applicable analytical method to evaluate total PFAS. The director of |
6 | the department of environmental management shall initiate implementation of the plan not later |
7 | than January 1, 2023. |
8 | (b) On or before June 1, 2023, all public water systems shall conduct monitoring for the |
9 | maximum number of PFAS detectable from standard laboratory methods. |
10 | 46-32-8. Landfill monitoring. |
11 | On or before December 31, 2021, the director of the department of environmental |
12 | management shall file under § 42-35-4 a final rule with the secretary of state to adopt standards and |
13 | procedures for groundwater and leachate monitoring at and around landfills including, at a |
14 | minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane |
15 | sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and |
16 | perfluorodecanoic acid (PFDA). |
17 | SECTION 3. Section 23-19.14-3 of the General Laws in Chapter 23-19.14 entitled |
18 | "Industrial Property Remediation and Reuse Act" is hereby amended to read as follows: |
19 | 23-19.14-3. Definitions. |
20 | (a) "40 CFR" means that section or subsection of the code of federal regulations, title 40, |
21 | protection of environment, chapter 1, environmental protection agency. References to the |
22 | administrator, appearing therein, shall be interpreted as referring to the director of the department |
23 | of environmental management. |
24 | (b) "Bona fide prospective purchaser" means a person who intends to purchase a |
25 | contaminated property, who has documented the intent to purchase the property in writing, and |
26 | who has offered to pay fair market value for the property in the contaminated state. For purposes |
27 | of this chapter, any former owner, former operator, or other person who is otherwise a responsible |
28 | party or any person who had more than ten percent (10%) equitable or other legal interest in the |
29 | site or any of the operations related to the contamination cannot be considered as a bona fide |
30 | prospective purchaser. Once a purchaser has certified their status as a bona fide prospective |
31 | purchaser to the department and the department has acknowledged receipt of such certification, a |
32 | purchaser may maintain that status for up to one year following purchase of the property, unless it |
33 | is subsequently found that the purchaser did not meet the criteria for a bona fide prospective |
34 | purchaser as outlined in this section. If the department finds that substantial progress has been made |
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1 | in investigating conditions of the site and/or meeting the requirements for a remedial decision letter, |
2 | such status may be renewed by the department for a specified period of time not to exceed one year |
3 | for each renewal. |
4 | (c) "Hazardous materials" means any material or combination or mixture of materials |
5 | containing any hazardous substance in an amount and concentration such that when released into |
6 | the environment, that material can be shown to present a significant potential to cause an acute or |
7 | chronic adverse effect on human health or the environment. Hazardous material shall also include |
8 | any material that contains a hazardous waste. Hazardous material does not include petroleum for |
9 | the purposes of this chapter. |
10 | (d) "Hazardous substances" means any substance designated as hazardous pursuant to 40 |
11 | CFR 300.5, as is or as amended. Hazardous substance shall not include, for the purposes of this |
12 | chapter, asbestos or radioactive materials. Hazardous substances shall include per- and |
13 | polyfluoroalkyl substances. |
14 | (e) "Hazardous wastes" means any material defined as hazardous waste pursuant to chapter |
15 | 19.1 of this title, and the regulations promulgated under chapter 19.1 of this title. |
16 | (f) "Operator" means the person responsible for the operation of the activities at the site. |
17 | (g)(1) "Owner" means the person who owns the site or part of the site. |
18 | (2) In the case of a receiver, the superior court supervising the receiver shall have |
19 | jurisdiction to determine the nature and extent of the receiver's obligations to comply with the |
20 | provisions of this chapter. Any obligation to comply with the provisions of this chapter shall be |
21 | binding on a receiver solely in his or her fiduciary capacity. |
22 | (h) "Person" means an individual, trust, firm, joint stock company, corporation (including |
23 | a government corporation), partnership, association, the federal government or any agency or |
24 | subdivision of the federal government, a state, municipality, commission, political subdivision of |
25 | a state, or any interstate body. |
26 | (i) "Petroleum" means any virgin petroleum product including the following products: |
27 | (1) Unused distillate and residual oil, including but not limited to gasoline, aviation fuels, |
28 | kerosene, diesel, and heating oils. |
29 | (2) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils, |
30 | and other industrial oils. |
31 | (j)(1) "Release" shall be defined by 40 CFR 300.5 for purposes of this chapter, but shall |
32 | also exclude any release from a process, activity, or source area allowed under a permit, license, or |
33 | approval issued after January 1, 1987 by any regulatory process or legal authority or any release of |
34 | hazardous materials solely derived from common household materials and occurring at the |
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1 | household. |
2 | (2) For purposes of this chapter, release also includes an actual or potential threat of release. |
3 | (k) "Remedial or response action" means those actions taken to rectify the effects of a |
4 | release of hazardous material, and/or petroleum so that it does not cause a substantial danger to |
5 | present or future public health or welfare, or the environment. |
6 | (l) "Remediation" means the act of implementing, operating, and maintaining, a remedy, |
7 | remedial action or response action. |
8 | (m) "Responsible party" has the meaning attributed to it by the provisions of § 23-19.14-6 |
9 | or 23-19.14-6.1. |
10 | (n) "Site" means all contiguous land, structures, and other appurtenances and |
11 | improvements on the land contaminated by the use, storage, release, or disposal of hazardous |
12 | material including the extent of contamination and all suitable areas in very close proximity to the |
13 | contamination where it will be necessary to implement or conduct any required investigation or |
14 | remedial action. |
15 | (o) "All appropriate inquiries" means an environmental due diligence process for assessing |
16 | a property for presence or potential presence of contamination, in accordance with requirements |
17 | established by the department of environmental management that are not inconsistent with the |
18 | provisions of 40 CFR 312 establishing federal standards for all appropriate inquiries. |
19 | (p) "Letter of Compliance" means a formal, written communication from the department |
20 | signifying that the remedial action has been satisfactorily completed and the objectives of |
21 | environmental clean-up, pursuant to § 23-19.14-4 have been met. |
22 | (q) "Remedial Decision Letter" means a formal, written communication from the |
23 | department that approves a site investigation, identifies the preferred remedial alternative and |
24 | authorizes the development of a remedial action work plan in order to achieve the objectives of |
25 | environmental clean-up. |
26 | (r) "Per- and polyfluoroalkyl substances" means perfluorooctanoic acid (PFOA), |
27 | perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic |
28 | acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA). |
29 | SECTION 4. This act shall take effect upon passage. |
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LC000372/SUB A/2 | |
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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 for per- and polyfluoroalkyl substances (PFAS) in drinking water and set interim |
3 | standards. The act would also provide that the department of environmental management set |
4 | standards for PFAS in ground and surface waters, and adopt standards for PFAS monitoring at |
5 | landfills. |
6 | This act would take effect upon passage. |
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LC000372/SUB A/2 | |
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