SB 302

This bill requires the Department of Natural Resources to establish and enforce

various standards for per- and poly-fluoroalkyl substances (PFAS). The PFAS

group of substances includes several thousand chemicals; two of the most well known

are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).

The bill requires DNR to establish, by rule, acceptable levels and standards,

monitoring requirements, and required response actions for any PFAS in drinking

water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil

and sediment, if the department determines that the substance may be harmful to

human health or the environment. These rules must cover, at a minimum, PFOA and

PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid

(PFNA), perfluorobutane sulfonic acid (PFBS), and perfluoroheptanoic acid

(PFHpA). For air emission standards, DNR must first determine that an emission

standard for a substance is needed to provide adequate protection for public health

and welfare, which is also required for other hazardous air contaminants under

current law. The bill also requires DNR to consider all PFAS to be air contaminants

and to require reporting of any emission of PFAS.

Under current law, DNR maintains a list of substances that have a reasonable

probability of entering the groundwater resources of the state and that are shown to

involve public health concerns. Under this bill, DNR is required to add to this list

PFOA, PFOS, PFHxS, PFNA, PFBS, PFHpA, and all other PFAS that have a

reasonable probability of entering the groundwater resources of the state and that

are shown to involve public health concerns. Under current law, the Department of

Health Services recommends enforcement standards for substances on this list,

which DNR then proposes as DNR rules in its rule-making process. Until DNR

establishes such rules, the bill requires DNR to apply any DHS-recommended

groundwater enforcement standard for any PFAS as an interim standard for

groundwater and as an interim maximum containment level for drinking water.

The bill also provides that DNR may, if it determines doing so is necessary to

protect human health or the environment, require a person who possesses or controls

PFAS to provide proof of financial responsibility for remediation and long-term care

to address contamination by a potential discharge of PFAS or environmental

pollution that may be caused by a discharge of PFAS.

In addition, the bill requires DNR to set criteria for certifying laboratories to

test for PFAS, and to certify laboratories that meet these criteria. Before these

criteria are set, the bill allows DNR to require testing for PFAS to be done according

to nationally recognized standards.

Finally, the bill requires a person who generates solid or hazardous waste at a

site or facility under investigation by DNR to provide DNR with access to information

relating to any transportation to or treatment, storage, or disposal at another site,

facility, or location.