2022 -- H 7233 SUBSTITUTE A
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LC004239/SUB A
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2022
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AN ACT
RELATING TO WATERS AND NAVIGATION -- PFAS IN DRINKING WATER,
GROUNDWATER AND SURFACE WATERS
Introduced By: Representatives Speakman, Cortvriend, Carson, Bennett, McGaw, Tanzi,
Kislak, Morales, McEntee, and Knight
Date Introduced: January 28, 2022
Referred To: House Environment and Natural Resources
It is enacted by the General Assembly as follows:
1 SECTION 1. The General Assembly hereby finds:
2 (1) Per- and polyfluoroalkyl substances (PFAS), and other perfluorochemicals are a large
3 group of human-made chemicals that have been used in industry and consumer products worldwide
4 since the 1950s.
5 (2) PFAS are potentially toxic to humans even in very small concentrations and pose a
6 wide range of health threats. They are suspected to cause cancer and have been linked to growth,
7 learning, and behavioral problems in infants and children. They can also cause problems with
8 fertility and pregnancy; compromise immune systems; and interfere with natural hormones and
9 with liver, thyroid, and pancreatic function. Developing fetuses and newborn babies are particularly
10 vulnerable to PFAS.
11 (3) PFAS enter the environment from numerous industrial and commercial sources,
12 including, but not limited to, air and wastewater emissions during manufacturing processes, from
13 the disposal of wastes, goods, and products containing PFAS, and from leachate from landfills.
14 (4) Many PFAS do not break down and persist in the environment for a very long time,
15 especially in water, and, consequently, PFAS can be found in many bodies of water and in the
16 blood of humans and wildlife.
17 (5) United States manufacturers have voluntarily worked to reduce releases of long-chain
18 PFAS due to their toxic effects on human health. The PFAS with fewer than eight (8) carbon-
 1 fluorine bonds currently being used as alternatives to perfluorooctanoic acid (PFOA) and
2 perfluorooctane sulfonate (PFOS) are also highly persistent and subject to long-range transport. In
3 addition, the alternative PFAS have similar potential for harm as the long-chain PFAS.
4 (6) Over two hundred (200) scientists from all over the world have signed a statement
5 calling for governments to limit the use of PFAS while studies determine the safety of these
6 chemicals, given their persistence in the environment, potential for harm, and lack of adequate data
7 proving safety.
8 (7) To prevent further contamination of state water, and to reduce the potential harmful
9 effects of PFAS on human health and the environment, the objectives of this chapter are:
10 (i) Authorize the department of health, in consultation with the water resources board, to
11 adopt by rule maximum contaminant level or levels for PFAS to protect the quality and safety of
12 the public drinking water supply in compliance with the provisions of chapter 15.3 of title 46;
13 (ii) Prior to adoption by rule of maximum contaminant level or levels for PFAS, require
14 public water supply systems to monitor for certain PFAS chemicals and respond appropriately
15 when results indicate levels or PFAS in excess of the interim drinking water standard level; and
16 (iii) Require the department of environmental management to adopt groundwater standards
17 and surface water quality action levels for certain PFAS chemicals.
18 SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is
19 hereby amended by adding thereto the following chapter:
20 CHAPTER 32
21 PFAS IN DRINKING WATER, GROUNDWATER, AND SURFACE WATERS
22 46-32-1. Short title.
23 This chapter shall be known and may be cited as the "PFAS in Drinking Water,
24 Groundwater and Surface Waters Act."
25 46-32-2. Interim drinking water standard and testing requirements.
26 (a) As used in this chapter, "PFAS contaminants" means perfluorooctanoic acid (PFOA),
27 perfluorooctane sulfonic acid (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic
28 acid (PFNA), and perfluoroheptanoic acid (PFHpA), and perfluorodecanoic acid (PFDA).
29 (b) On or before July 1, 2023, all public water supply systems in the state as defined by §
30 46-13-2, except transient, non-community water systems as defined by the department of health in
31 216-RICR-50-05-1 as may be amended, shall conduct monitoring for the presence of PFAS
32 contaminants in drinking water supplied by the system. Regular monitoring shall be conducted as
33 follows until adoption of maximum contaminant level rules pursuant to § 46-32-4:
34 (1) If monitoring results detect the presence of any PFAS contaminants individually or in
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 1 combination in excess of the interim drinking water standard level of twenty parts per trillion (20
2 ppt) the public water supply system shall conduct continued quarterly monitoring.
3 (2) If monitoring results detect the presence of any PFAS contaminants individually or in
4 combination at a level equal to or below the interim drinking water standard level of twenty parts
5 per trillion (20 ppt), the public water supply system shall conduct continued monitoring annually.
6 (3) If monitoring results do not detect the presence of any PFAS contaminants, the public
7 water supply system shall conduct continued monitoring every two (2) years.
8 (c) If monitoring results under subsection (b) of this section confirm the presence of any
9 PFAS contaminants individually or in combination in excess of the interim drinking water standard
10 level of twenty parts per trillion (20 ppt), the department of health shall require monitoring in a
11 manner consistent with applicable regulations governing synthetic organic contaminants, including
12 but not limited to, requiring a confirmation sample, prior to directing the public water supply system
13 to implement treatment or other remedy to reduce the levels of PFAS contaminants in the drinking
14 water of the public water supply system below the interim drinking water standard level.
15 (d) On or before July 1, 2023, if the PFAS contaminants exceed the level of twenty parts
16 per trillion (20 ppt), the public water supply system shall provide potable water through other means
17 to all customers or users of the system. The requirement for a public water supply system to provide
18 potable water to customers and users of the systems through other means shall cease when
19 monitoring results indicate that the levels of PFAS contaminants in the drinking water of the public
20 water supply system are below the interim drinking water standard level of twenty parts per trillion
21 (20 ppt).
22 (e) The director of the department of health is authorized to enforce the requirements of
23 this chapter in accordance with the provisions of chapter 13 of title 46 and violations will be subject
24 to the penalties imposed pursuant to § 46-13-16. A person may contest or appeal a decision of the
25 director, a penalty imposed for violation or the fact of violation pursuant to the provisions of chapter
26 35 of title 42 (the "administrative procedures act").
27 46-32-3. Drinking water standards for PFAS contaminants.
28 If the director of the department of health decides to publish a notice pursuant to the
29 provisions of § 46-32-4(b)(1) then on or before June 1, 2024, the director of the department of
30 health shall, pursuant to this section, file under § 42-35-4 a final rule with the secretary of state
31 regarding adoption of the interim drinking water standard level of twenty parts per trillion (20 ppt)
32 for perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane
33 sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and
34 perfluorodecanoic acid (PFDA) as a maximum contaminant level (MCL). Upon the effective date
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 1 of the final rule, the drinking water monitoring provisions of § 46-32-2 may be suspended,
2 modified, or superseded by the provisions of the final rules.
3 46-32-4. Standard for per- and polyfluoroalkyl substances as a class or subclass.
4 (a) If the director of the department of health decides to publish a notice pursuant to the
5 provisions of subsection (b)(1) of this section then on or before February 1, 2024, the director of
6 the department of health shall initiate a public notice and comment process by publishing a copy
7 of the final rules and an advance notice of proposed rulemaking pursuant to § 42-35-2.5 regarding
8 the regulation under the rules and regulations pertaining to public drinking water of per- and
9 polyfluoroalkyl substances (PFAS) as a class or subclasses.
10 (b) On or before September 1, 2024, the director of the department of health shall either:
11 (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS compounds
12 under the rules and regulations pertaining to public drinking water as a class or subclasses; or
13 (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses
14 under the rules and regulations pertaining to public drinking water that includes, at a minimum, an
15 identification or all legal, technical, or other impediments to regulating PFAS compounds as a class
16 or subclasses and a detailed response to all public comments received.
17 (c) If the director of the department of health proposes a rule pursuant to subsection (b) of
18 this section, the director of the department of health shall file under § 42-35-4 a final rule with the
19 secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the
20 rules and regulations pertaining to public drinking water on or before June 30, 2025.
21 46-32-5. Groundwater quality standards for per- and polyfluoroalkyl substances.
22 (a) On or before December 31, 2023, the director or the department of environmental
23 management shall file under § 42-35-4 a final rule with the secretary of state to adopt groundwater
24 quality standards for, at a minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid
25 (PFOS), perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid (PFNA),
26 perfluoroheptanoic acid (PFHxA), and perfluorodecanoic acid (PFDA) consistent with authority
27 provided by chapter 32 of title 46.
28 46-32-6. Surface water quality action levels for per- and polyfluoroalkyl substances.
29 On or before December 31, 2023, the director of the department of environmental
30 management shall file under § 42-35-4 a final rule with the secretary of state to adopt surface water
31 quality action levels to address the contamination of Rhode Island waters from releases of, at a
32 minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane
33 sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and
34 perfluorodecanoic acid (PFDA).
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 1 46-32-7. Investigation of potential sources of per- and polyfluoroalkyl substances
2 contamination.
3 (a) On or before November 1, 2023, the director of the department of environmental
4 management shall publish a plan for public review and comment to complete a statewide
5 investigation of potential sources of per- and polyfluoroalkyl substances (PFAS) contamination.
6 As part of this investigation, the director of the department of health shall conduct a pilot project at
7 public water systems by an applicable analytical method to evaluate total PFAS. The director of
8 the department of environmental management shall initiate implementation of the plan not later
9 than January 1, 2024.
10 (b) On or before June 1, 2024, all public water systems shall conduct monitoring for the
11 maximum number of PFAS detectable from standard laboratory methods.
12 46-32-8. Landfill monitoring.
13 On or before December 31, 2022, the director of the department of environmental
14 management shall file under § 42-35-4 a final rule with the secretary of state to adopt standards and
15 procedures for groundwater and leachate monitoring at and around landfills including, at a
16 minimum, perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorohexane
17 sulfonic acid (PFHxS), perfluorononanoic acid (PFNA), perfluoroheptanoic acid (PFHpA), and
18 perfluorodecanoic acid (PFDA).
19 SECTION 3. Section 23-19.14-3 of the General Laws in Chapter 23-19.14 entitled
20 "Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:
21 23-19.14-3. Definitions.
22 (a) "40 CFR" means that section or subsection of the code of federal regulations, title 40,
23 protection of environment, chapter 1, environmental protection agency. References to the
24 administrator, appearing therein, shall be interpreted as referring to the director of the department
25 of environmental management.
26 (b) "Bona fide prospective purchaser" means a person who intends to purchase a
27 contaminated property, who has documented the intent to purchase the property in writing, and
28 who has offered to pay fair market value for the property in the contaminated state. For purposes
29 of this chapter, any former owner, former operator, or other person who is otherwise a responsible
30 party or any person who had more than ten percent (10%) equitable or other legal interest in the
31 site or any of the operations related to the contamination cannot be considered as a bona fide
32 prospective purchaser. Once a purchaser has certified their status as a bona fide prospective
33 purchaser to the department and the department has acknowledged receipt of such certification, a
34 purchaser may maintain that status for up to one year following purchase of the property, unless it
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 1 is subsequently found that the purchaser did not meet the criteria for a bona fide prospective
2 purchaser as outlined in this section. If the department finds that substantial progress has been made
3 in investigating conditions of the site and/or meeting the requirements for a remedial decision letter,
4 such status may be renewed by the department for a specified period of time not to exceed one year
5 for each renewal.
6 (c) "Hazardous materials" means any material or combination or mixture of materials
7 containing any hazardous substance in an amount and concentration such that when released into
8 the environment, that material can be shown to present a significant potential to cause an acute or
9 chronic adverse effect on human health or the environment. Hazardous material shall also include
10 any material that contains a hazardous waste. Hazardous material does not include petroleum for
11 the purposes of this chapter.
12 (d) "Hazardous substances" means any substance designated as hazardous pursuant to 40
13 CFR 300.5, as is or as amended. Hazardous substance shall not include, for the purposes of this
14 chapter, asbestos or radioactive materials. Hazardous substances shall include per- and
15 polyfluoroalkyl substances.
16 (e) "Hazardous wastes" means any material defined as hazardous waste pursuant to chapter
17 19.1 of this title, and the regulations promulgated under chapter 19.1 of this title.
18 (f) "Operator" means the person responsible for the operation of the activities at the site.
19 (g)(1) "Owner" means the person who owns the site or part of the site.
20 (2) In the case of a receiver, the superior court supervising the receiver shall have
21 jurisdiction to determine the nature and extent of the receiver's obligations to comply with the
22 provisions of this chapter. Any obligation to comply with the provisions of this chapter shall be
23 binding on a receiver solely in his or her fiduciary capacity.
24 (h) "Person" means an individual, trust, firm, joint stock company, corporation (including
25 a government corporation), partnership, association, the federal government or any agency or
26 subdivision of the federal government, a state, municipality, commission, political subdivision of
27 a state, or any interstate body.
28 (i) "Petroleum" means any virgin petroleum product including the following products:
29 (1) Unused distillate and residual oil, including but not limited to gasoline, aviation fuels,
30 kerosene, diesel, and heating oils.
31 (2) Unused crankcase oil, lubricants, hydraulic oils, penetrant oils, tramp oils, quench oils,
32 and other industrial oils.
33 (j)(1) "Release" shall be defined by 40 CFR 300.5 for purposes of this chapter, but shall
34 also exclude any release from a process, activity, or source area allowed under a permit, license, or
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 1 approval issued after January 1, 1987 by any regulatory process or legal authority or any release of
2 hazardous materials solely derived from common household materials and occurring at the
3 household.
4 (2) For purposes of this chapter, release also includes an actual or potential threat of release.
5 (k) "Remedial or response action" means those actions taken to rectify the effects of a
6 release of hazardous material