2019 -- H 6064

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LC002482

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING AND SURFACE

WATERS

     

     Introduced By: Representatives Speakman, Cortvriend, Knight, Donovan, and McEntee

     Date Introduced: May 03, 2019

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

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hereby amended by adding thereto the following chapter:

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CHAPTER 32

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PFAS IN DRINKING AND SURFACE WATERS

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     46-32-1. Short title.

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     This chapter shall be known and may be cited as the "PFAS in Drinking and Surface

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Waters Act."

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     46-32-2. Legislative findings.

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     It is recognized and acknowledged by the general assembly that:

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     (1) Perfluoroalkyl, polyfluoroalkyl substances (PFAS), and other perfluorochemicals are

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a large group of human-made chemicals that have been used in industry and consumer products

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worldwide since the 1950s.

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     (2) PFAS are potentially toxic to humans even in very small concentrations and pose a

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wide range of health threats. They are suspected to cause cancer and have been linked to growth,

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learning, and behavioral problems in infants and children. They can also cause problems with

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fertility and pregnancy; compromise immune systems; and interfere with natural hormones and

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with liver, thyroid, and pancreatic function. Developing fetuses and newborn babies are

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particularly vulnerable to PFAS.

 

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     (3) PFAS enter the environment from numerous industrial and commercial sources,

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including from emissions during manufacturing processes, from the disposal of goods containing

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PFAS, and from leachate from landfills.

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     (4) Many PFAS do not break down and persist in the environment for a very long time,

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especially in water, and, consequently, PFAS can be found in many bodies of water and in the

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blood of humans and wildlife.

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     (5) United States manufacturers have voluntarily worked to reduce releases of long-chain

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PFAS due to their toxic effects on human health. The PFAS with fewer than eight (8) carbon-

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fluorine bonds currently being used as alternatives to perfluorooctanoic acid (PFOA) and

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perfluorooctane sulfonate (PFOS) are also highly persistent and subject to long-range transport.

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In addition, the alternative PFAS have similar potential for harm as the long-chain PFAS.

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     (6) Over two hundred (200) scientists from all over the world have signed a statement

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calling for governments to limit the use of PFAS while studies determine the safety of these

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chemicals, given their persistence in the environment, potential for harm, and lack of adequate

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data proving safety.

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     (7) To prevent further contamination of state water, and to reduce the potential harmful

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effects of PFAS on human health and the environment, the objectives of this chapter are:

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     (i) Authorize the department of health, in consultation with the water resources board, to

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adopt by rule maximum contaminant level or levels for PFAS to protect the quality and safety of

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the public drinking water supply in compliance with the provisions of chapter 15.3 of title 46;

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     (ii) Prior to adoption by rule of maximum contaminant level or levels for PFAS, require

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public water supply systems to monitor for certain PFAS chemicals and respond appropriately

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when results indicate levels of PFAS in excess of the interim drinking water standard level; and

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     (iii) Require the department of environmental management to adopt surface water quality

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standards for certain PFAS chemicals.

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     46-32-3. Interim drinking water standard and testing requirements.

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     (a) As used in this chapter, “Per- and PFAS contaminants” means perfluorooctanoic acid

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(PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS),

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perfluorononanoic acid (PFNA), and perfluoroheptanoic acid (PFHpA).

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     (b) On or before December 1, 2019, all public water supply systems in the state as

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defined by § 46-13-2 shall conduct monitoring for the presence of PFAS contaminants in

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drinking water supplied by the system. Regular monitoring shall be conducted as follows until

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adoption of maximum contaminant level rules pursuant to § 46-32-4:

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     (1) If monitoring results detect the presence of any PFAS contaminants individually or in

 

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combination in excess of the interim drinking water standard level of twenty parts per trillion (20

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ppt), the public water supply system shall conduct continued quarterly monitoring.

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     (2) If monitoring results detect the presence of any PFAS contaminants individually or in

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combination at a level equal to or below the interim drinking water standard level of twenty parts

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per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.

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     (3) If monitoring results do not detect the presence of any PFAS contaminants, the public

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water supply system shall conduct continued monitoring every two (2) years.

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     (c) If monitoring results under subsection (b) of this section confirm the presence of any

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PFAS contaminants individually or in combination in excess of the interim drinking water

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standard level of twenty parts per trillion (20 ppt), the department of health shall direct the public

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water supply system to implement treatment or other remedy to reduce the levels of PFAS

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contaminants in the drinking water of the public water supply system below the interim drinking

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water standard level.

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     (d) On or before August 1, 2020, if the PFAS contaminants exceed the level of twenty

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parts per trillion (20 ppt), the public water supply system shall provide potable water through

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other means to all customers or users of the system. The requirement for a public water supply

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system to provide potable water to customers and users of the systems through other means shall

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cease when monitoring results indicate that the levels of PFAS contaminants in the drinking

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water of the public water supply system are below the interim drinking water standard level of

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twenty parts per trillion (20 ppt).

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     (e) The director of the department of health is authorized to enforce the requirements of

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this chapter in accordance with the provisions of chapter 13 of title 46. A person may contest or

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appeal a decision of the director, a penalty imposed for violation or the fact of violation pursuant

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to the provisions of § 46-13-16.

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     46-32-4. Interim final rules (IFRs).

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     On or before August 1, 2020, the director of the department of health shall pursuant to

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this section adopt and publish interim final rules (IFRs) with the secretary of state regarding

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adoption of the interim drinking water standard level for perfluorooctanoic acid (PFOA),

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perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic

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acid (PFNA), and perfluoroheptanoic acid (PFHpA) as a maximum contaminant level (MCL).

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Upon the effective date of the interim final rule, the drinking water monitoring provisions of §

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46-32-3 may be suspended, modified or superseded by the provisions of the interim final rules.

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     46-32-5. Standard for per- and polyfluoroalkyl substances as a class or subclass.

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     (a) On or before February 1, 2021, the director of the department of health shall initiate a

 

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public notice and comment process by publishing a copy of the IFRs and an advance notice of

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proposed rulemaking pursuant to § 42-35-2.5 regarding the regulation under the rules and

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regulations pertaining to public drinking water of per- and polyfluoroalkyl (PFAS) compounds as

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a class or subclasses.

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     (b) On or before September 1, 2021, the director of the department of health shall either:

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     (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS

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compounds under the rules and regulations pertaining to public drinking water as a class or

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subclasses; or

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     (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses

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under the rules and regulations pertaining to public drinking water that includes, at a minimum,

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an identification of all legal, technical, or other impediments to regulating PFAS compounds as a

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class or subclasses and a detailed response to all public comments received.

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     (c) If the director of the department of health proposes a rule pursuant to subsection (b) of

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this section, the director of the department of health shall file under § 42-35-4 a final rule with the

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secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the

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rules and regulations pertaining to public drinking water on or before June 30, 2022.

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     46-32-6. Surface water quality standards for per- and polyfluoroalkyl substances.

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     (a) On or before July 15, 2020, the director of the department of environmental

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management shall publish a plan for public review and comment for adoption of surface water

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quality standards for per- and polyfluoroalkyl substances (PFAS) that shall include, at a

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minimum, a proposal for standards for:

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     (1) Perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS),

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perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), and perfluoroheptanoic

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acid (PFHpA); and

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     (2) The PFAS class of compounds or subgroups of the PFAS class of compounds.

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     (b) On or before July 1, 2022, the director of the department of environmental

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management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface

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water quality standards for, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane

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sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA),

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and perfluoroheptanoic acid (PFHpA).

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     46-32-7. Investigation of potential sources of per- and polyfluoroalkyl substances

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contamination.

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     (a) On or before November 1, 2019, the director of the department of health shall publish

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a plan for public review and comment to complete a statewide investigation of potential sources

 

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of per- and polyfluoroalkyl substances (PFAS) contamination. As part of this investigation, the

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director of the department of health shall conduct a pilot project at public water systems to

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evaluate PFAS that are not quantified by standard laboratory methods using a total oxidizable

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precursor assay or other applicable analytical method to evaluate total PFAS. The director of the

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department of health shall initiate implementation of the plan not later than January 1, 2020.

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     (b) On or before June 1, 2020, all public water systems shall conduct monitoring for the

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maximum number of PFAS detectable from standard laboratory methods.

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     46-32-8. Contaminants of emerging concern pilot project.

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     On or before July 15, 2020, the department of environmental management shall submit to

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the house committee on environment and natural resources, the house committee on health,

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education and welfare, the senate committee on environment and agriculture, and the senate

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committee on health and human services a report regarding the management at landfills of

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leachate containing contaminants of emerging concern cholorofluorocarbons (CECs). The report

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shall include:

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     (1) The findings of the leachate treatment evaluation conducted at any landfill located in

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the state;

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     (2) The department of environmental management’s assessment of the results of landfill

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leachate evaluations; and

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     (3) The department of environmental management’s recommendations for treatment of

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CECs in leachate from landfills, including whether the state should establish a pilot project to test

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methods for testing or managing CECs in landfill leachate.

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     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 AND SURFACE

WATERS

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     This act would provide for the department of health and the department of environmental

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management to take action to establish maximum contaminate levels of polyfluoroalkyl

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substances (PFAS) and set interim standards.

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     This act would take effect upon passage.

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