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

     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:

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

hereby amended by adding thereto the following chapter:

CHAPTER 32

PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS

     46-32-1. Short title.

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

Groundwater and Surface Waters Act."

     46-32-2. Legislative findings.

     It is recognized and acknowledged by the general assembly that:

     (1) Per- and polyfluoroalkyl substances (PFAS), and other perfluorochemicals are a large

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

worldwide since the 1950s.

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

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

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

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

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

particularly vulnerable to PFAS.

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

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

PFAS, and from leachate from landfills.

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

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

blood of humans and wildlife.

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

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

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

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

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

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

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

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

data proving safety.

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

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

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

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

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

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

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

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

     (iii) Require the department of health to adopt groundwater and surface water quality

standards for certain PFAS chemicals.

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

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

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

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

acid (PFDA).

     (b) On or before December 1, 2020, all public water supply systems in the state as

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

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

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

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

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

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

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

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

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

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

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

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

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

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

water standard level.

     (d) On or before August 1, 2021, if the PFAS contaminants exceed the level of twenty

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

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

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

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

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

parts per trillion (20 ppt).

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

this chapter in accordance with the provisions of chapter 13 of title 46 and violations will be

subject to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a

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

provisions of chapter 35 of title 42, (the "administrative procedures act").

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

     On or before August 1, 2021, the director of the department of health shall pursuant to

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

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

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

acid (PFNA), perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA) as a

maximum contaminant level (MCL). Upon the effective date of the interim final rule, the

drinking water monitoring provisions of § 46-32-3 may be suspended, modified or superseded by

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the provisions of the interim final rules.

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

     (a) On or before February 1, 2022, the director of the department of health shall initiate a

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

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

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

a class or subclasses.

     (b) On or before September 1, 2022, the director of the department of health shall either:

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

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

subclasses; or

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

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

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

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

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

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

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

rules and regulations pertaining to public drinking water on or before June 30, 2023.

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

     (a) On or before July 15, 2021, the director of the department of health shall publish a

plan for public review and comment for adoption of groundwater quality standards for per- and

polyfluoroalkyl substances (PFAS) that shall include, at a minimum, a proposal for standards for:

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

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

(PFHpA) and perfluorodecanoic acid (PFDA); and

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

     (b) On or before July 1, 2023, the director of the department of health shall file under §

42-35-4 a final rule with the secretary of state to adopt groundwater quality standards for, at a

minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS),

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

(PFHpA) and perfluorodecanoic acid (PFDA).

     46-32-7. Surface water quality standards for per- and polyfluoroalkyl substances.

     (a) On or before July 15, 2021, the director of the department of health shall publish a

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plan for public review and comment for adoption of groundwater quality standards for per- and

polyfluoroalkyl substances (PFAS) that shall include, at a minimum, a proposal for standards for:

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

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

(PFHpA), and perfluorodecanoic acid (PFDA); and

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

     (b) On or before July 1, 2023, the director of the department of health shall file under §

42-35-4 a final rule with the secretary of state to adopt groundwater quality standards for, at a

minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS),

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

(PFHpA), and perfluorodecanoic acid (PFDA).

     46-32-8. Investigation of potential sources of per- and polyfluoroalkyl substances

contamination.

     (a) On or before November 1, 2020, the director of the department of health shall publish

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

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

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

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

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

department of health shall initiate implementation of the plan not later than January 1, 2021.

     (b) On or before June 1, 2021, all public water systems shall conduct monitoring for the

maximum number of PFAS detectable from standard laboratory methods.

     46-32-9. Contaminants of emerging concern pilot project.

     On or before July 15, 2021, the department of environmental management shall submit to

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

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

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

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

shall include:

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

the state;

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

leachate evaluations; and

     (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

methods for testing or managing CECs in landfill leachate.

     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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     This act would provide for the department of health to take action to establish maximum

contaminate levels of polyfluoroalkyl substances (PFAS) and set interim standards. The act

would also provide that the department of environmental management provide a report regarding

leachate contaminants from landfills concerning cholorofluorocarbons (CECs).

     This act would take effect upon passage.

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