OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 497 Bill Analysis
133rd General Assembly
Click here for H.B. 497’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Lightbody and Russo
Effective Date:
Helena Volzer, Attorney
SUMMARY
Requires the Director of Environmental Protection to adopt rules establishing maximum
allowable contaminant levels (MCLs) in drinking water and water quality standards for
the following contaminants:
Per- and polyfluoroalkyl substances (PFAS);
Chromium-6;
1,4-dioxane.
Requires the Director to consider certain factors when establishing the MCLs and water
quality standards, such as MCLs and water quality standards established by other states.
Specifies that the MCLs and water quality standards must be protective of public health,
including the health of pregnant women, nursing mothers, infants, and children.
Specifies that the MCLs and water quality standards cannot be less stringent than any
MCL or water quality standard established by the U.S. Environmental Protection Agency
(USEPA).
Requires the Director to annually review MCLs and standards established under the bill’s
provisions and to adopt, amend, or rescind them as necessary to account for the most
recent peer-reviewed scientific studies addressing the contaminants.
Excludes rules adopted under the bill’s provisions from the requirement to eliminate
two or more existing regulatory restrictions when adopting a new regulatory restriction.
March 10, 2020
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
Background
Drinking water
The federal Safe Drinking Water Act (SDWA) establishes the framework for the
regulation of public drinking water systems in the United States. Under the SDWA, the U.S.
Environmental Protection Agency (USEPA) establishes national primary standards for drinking
water quality that the states are tasked with implementing. Regarding individual contaminants,
USEPA establishes a maximum contaminant level (MCL), which is the maximum allowable
concentration of a contaminant in a given volume of drinking water. MCLs are established by
the USEPA for contaminants that may adversely affect human health. Once established,
national primary drinking water standards and MCLs are legally enforceable, meaning that
states and USEPA have the authority to take enforcement action against public water systems
that are not meeting safety standards. Such actions can include issuing administrative orders,
pursuing civil or criminal legal action, or imposing fines.1
Surface water quality standards
Under the federal Clean Water Act, every state must adopt water quality standards to
protect, maintain, and improve the quality of surface waters. The standards inform the water
quality-based permit restrictions that limit the discharge of pollutants into surface waters under
the National Pollutant Discharge Elimination System (NPDES) permit program. In addition,
water quality standards establish numerical human health water quality criteria that are used in
determining whether or not a body of surface water is safe for use as a source of drinking
water. Similar to an MCL, states and the USEPA have the authority to take enforcement actions
against polluters who violate permit requirements based on the water quality standards (e.g.,
issuing administrative orders, pursuing civil or criminal legal action, or imposing fines).2
MCLs and water quality standards for certain contaminants
The Ohio Environmental Protection Agency (OEPA) has adopted the national primary
drinking water standards and water quality standards.3 However, the national standards do not
address all potential contaminants. Three such contaminants are Chromium-6 (although USEPA
has established an MCL of 0.1 mg/l for total chromium); per- and polyfluoroalkyl substances
(PFAS); and 1,4-dioxane (See, “Chemical Descriptions,” below).
The bill requires the Director of OEPA to establish an MCL and water quality standard for
each of those contaminants. Regarding PFAS, MCLs must be established for:
1 R.C. Chapter 6109.
2R.C. Chapter 6111 and see OEPA, Water Quality Standards Program (last visited February 10, 2020)
available at: https://epa.ohio.gov/dsw/wqs/index#123033404-overview.
3 Ohio Administative Code (O.A.C.) Chapter 3745-81.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Combined total PFAS;
Perfluorooctanoic acid;
Perfluorooctane sulfonic acid; and
Any other individual PFAS, as determined necessary by the Director.4
When establishing the MCLs and water quality standards, the bill requires the Director
to consider all of the following information:
MCLs and water quality standards established by other states;
Studies and scientific evidence reviewed by other states;
Materials produced by the Federal Agency for Toxic Substances and Disease Registry;
and
Recent independent and government agency peer-reviewed scientific studies.
MCLs and water quality standards established by the Director must be protective of
public health, including the health of pregnant women, nursing mothers, infants, and children.
The established MCLs and standards cannot be less stringent than any MCL, water quality
standard, or health advisory that may be established by USEPA.5
The Director must annually review the MCLs and water quality standards and adopt,
amend, or rescind them as necessary to account for the most recent peer-reviewed scientific
studies addressing the contaminants.6 The bill excludes rule making for purposes of establishing
the MCLs and water quality standards from the requirement to eliminate two or more existing
regulatory restrictions when adopting a new regulatory restriction.7
As previously discussed (see “Background”), by requiring that MCLs and water
quality standards be established for PFAS, Chromium-6, and 1,4-dioxane, the bill authorizes
OEPA to take enforcement action against public water systems that do not comply with the
new MCLs or against polluters who violate the new water quality standards (e.g., issuing
administrative orders, pursuing civil or criminal legal action, or imposing fines).8
4 R.C. 6109.26(B)(1) and 6111.041(D)(1).
5 R.C. 6109.26(B)(2) and (3) and 6111.041(D)(2) and (3).
6 R.C. 6109.26(C) and 6111.041(D)(4).
7 R.C. 6109.26(D) and 6111.041(F).
8 R.C. Chapters 6109 and 6111.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Chemical descriptions
The following table provides some basic information concerning the contaminants the
bill proposes to regulate. All three types of contaminants are persistent in the environment and
in the human body, meaning they do not break down and can accumulate over time.
Information concerning any potential health considerations is derived from USEPA reports.
Contaminant name and Potential health considerations
Uses or purposes
description according to USEPA
PFAS are a group of man-made PFAS have been in use in the USEPA has found that due to
chemicals that include United States since the widespread use and persistence in
perfluorooctanoic acid and 1940s and are found in a the environment, most people in the
perfluorooctane sulfonic acid. wide variety of consumer United States have been exposed to
and industrial products. PFAS. There is evidence that
continued exposure above specific
levels to certain PFAS may lead to
adverse health effects.9
Chromium-6 (hexavalent Commonly occurs in natural The current MCL of 0.1 mg/l or 100
chromium) is a metallic element waters due to the erosion of ppb for total chromium was
found naturally in rocks, plants, natural chromium deposits. established in 1991. Ohio adopted
soil and volcanic dust, and However, industrial releases this standard which is based on
animals but can also be man of it have occurred due to potential adverse skin reactions.10
made by industrial processes. leakage, poor storage, or
USEPA has been reviewing new data
inadequate waste disposal
regarding other potential health
practices.
considerations related specifically to
Chromium-6.11
9 USEPA, EPA’s Per- and Polyfluoroalkyl Substances (PFAS) Action Plan (USEPA PFAS Action Plan), p. 1
(February 2019), available at: https://www.epa.gov/sites/production/files/2019-02/documents/
pfas_action_plan_021319_508compliant_1.pdf.
10 O.A.C. 3745-81-11.
11 USEPA, Chromium Drinking Water Standard, available at: https://www.epa.gov/sdwa/chromium-
drinking-water#self (last visited February 10, 2020).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Contaminant name and Potential health considerations
Uses or purposes
description according to USEPA
1,4-dioxane is a man-made Used as a solvent in a USEPA states 1,4-dioxane is a
chemical.12 variety of commercial and potential human carcinogen.13
industrial applications, such
as the manufacture of other
chemicals, as a processing
aid, a laboratory chemical,
and in adhesives and
sealants.
HISTORY
Action Date
Introduced 02-06-20
H0497-I-133/ar
12USEPA, Chemical Description of 1,4-Dioxane, available at: https://www.epa.gov/assessing-and-
managing-chemicals-under-tsca/risk-evaluation-14-dioxane (last visited February 10, 2020).
13USEPA, Technical Fact Sheet – 1,4-Dioxane (November 2017), available at:
https://www.epa.gov/sites/production/files/2014-03/documents/ffrro_factsheet_contaminant_14-
dioxane_january2014_final.pdf.
P a g e |5 H.B. 497
As Introduced
Statutes affected: As Introduced: 6111.041