SB 361

This bill makes various changes to existing programs, creates new programs

and standards, provides funding, and creates new positions to address

perfluoroalkyl and polyfluoroalkyl substances (PFAS).

Groundwater standards for PFAS

Under current law, the Department of Natural Resources 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. The Department

of Health Services recommends groundwater enforcement standards for substances

on this list, which DNR then proposes as DNR rules in its rule-making process.

The bill requires DNR to apply DHS's recommended groundwater enforcement

standard for any PFAS as an interim groundwater enforcement standard for all

facilities, practices, and activities that may affect groundwater and that are

regulated by certain state agencies, unless emergency or permanent rules that

establish an enforcement standard for those substances are in effect.

Drinking water standards for PFAS

The bill also requires DNR to apply DHS's recommended enforcement standard

for any PFAS as an interim maximum contaminant level for public water systems

and water suppliers. DNR must also require public water systems and water

suppliers to monitor for such PFAS in accordance with requirements under current

DNR rules. The bill also requires public water systems and water suppliers to use

certain specified treatment technologies as an interim best available technology to

treat PFAS for which DHS has recommended an enforcement standard. Public water

systems and water suppliers must also use laboratories certified to analyze drinking

water to conduct required testing, and must use the method detection limit for

reporting purposes.

Water quality criteria for PFAS

Under the federal Clean Water Act and under current state law, DNR is

required to set water quality standards for the waters of the state. Water quality

standards consist of designated uses for each of the waters of the state, water quality

criteria for those waters based on their designated use, and antidegradation

provisions that prohibit the degradation of existing uses. This bill requires DNR to

promulgate water quality criteria for any PFAS for which DHS has recommended a

groundwater enforcement standard.

Soil and sediment residual contamination levels for PFAS

Under current law, when a responsible party conducts a cleanup action to

address soil contamination, the cleanup must be designed and implemented to

restore the contaminated soil to certain designated residual contaminant levels or

performance standards. Under this bill, DNR must require responsible parties to

establish residual contaminant levels for the cleanup of contaminated soil and

sediment as a result of a discharge of any PFAS for which DHS has recommended