SB 1104

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 amend its rules to establish DHS's recommended

groundwater enforcement standard for any PFAS as the enforcement standard for

that substance. The bill exempts such rules from certain rulemaking requirements

that would otherwise apply under current law.

Drinking water standards for PFAS

The bill also requires DNR to amend its rules to establish DHS's recommended

groundwater enforcement standard for any PFAS as the maximum contaminant

level for public water systems and water suppliers. The bill exempts such rules from

certain rulemaking requirements that would otherwise apply under current law.

Under the bill, 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.

Soil cleanup standards 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 the bill, DNR must require responsible parties to

establish residual contaminant levels for the cleanup of contaminated soil and

sediment, or select a soil performance standard, as a result of a discharge of any

PFAS.

Emergency rules for PFAS

The bill also requires DNR to promulgate emergency rules establishing

acceptable levels and standards, performance standards, monitoring requirements,

and required response actions for any PFAS that DNR determines may be harmful

to human health or the environment in drinking water, groundwater, surface water,

air (if the standards are needed to provide adequate protection for public health or