SB 485 — PFAS Protection Act

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for Senate Bill 485 NOTE By Senators Trump, Smith, Caputo, Oliverio, Jeffries, Plymale, Rucker, Woodrum, Barrett, Queen, Woelfel, Chapman, and Hamilton [Introduced[Originating Januaryin 26,the 2023;Committee on Agriculture and Natural Resources;

referredreported on February 7, 2023] CS for SB 485 A BILL to amend the CommitteeCode onof AgricultureWest Virginia, 1931, as amended, by adding four new sections, designated §22-11C-1, §22-11C-2, §22-11C-3, and Natural§22-11C-4, Resources;all relating to identifying and abating health risks of perfluoroalkyl and polyfluoroalkyl substances discharged into source waters used for public drinking water;

and then to the Committee on Finance] Intr SB 485 2023R3089 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-11C-1, §22-11C-2, and §22-11C-3, all relating to identifying and abating health risks of perfluoroalkyl and polyfluoroalkyl substances (PFAS) discharged into source waters used for public drinking water;

providing definitions;

and requiringdirecting necessary the Department of Environmental Protection to implementrecommend permitany modificationsneeded andchanges legislative rulemaking to effectuatestatutes theor provisionsrules; herein.

requiring annual report to Joint Legislative Oversight Commission on State Water Resources;

setting forth other duties of the Department of Environmental Protection;

requiring modification of certain NPDES permits;

and requiring Department of Environmental Protection to propose adopting water quality criteria at next legislative rule-making cycle to effectuate the provisions herein.

-- (1) The Legislature recognizes the prevalence and health risks of perfluoroalkyl and polyfluoroalkyl substancessubstances, (PFAS), which the U.S.United States Environmental Protection Agency (USEPA) has classified as contaminants.

EnvironmentalThese Protectionchemicals Agencyare (USEPA)used hasin classifiedthousands asof contaminants.applications throughout the industrial, food, automotive, aerospace, electronic, oil and gas, green energy, and textile industries.

TheseThey chemicals are used in thousandssome offire-fighting applicationsfoams, throughoutfood thepackaging, industrial,cleaning food,products, andsemiconductors, textilecomputers, industriescellular andphones, areelectric anvehicle ingredientbatteries, inautomobiles, somepharmaceuticals, fire-fightingagricultural foams,pesticides, foodoil packaging,and cleaninggas products,development, nonstickdefense potsequipment, andhydrogen pans,production, and various other household items.

TheyMany are very stablestable, andsome accumulate in the Intr HB 2023R3261 environment, and many are highly water soluble, easily transferring through soil to groundwater.

TheyMany are known to cause cancers and other adverse health effects.

(2) During the 2020 regular session, the West Virginia Legislature passed Senate Concurrent Resolution 46 (SCR 46), which requested that the Department of Environmental Protection (DEP) and the Department of Health and Human Resources cooperatively propose and initiate a public source-water supply study plan to sample PFAS substances for all community Intr SB 2023R3089 water systems in West Virginia, including schools and daycares that operate treatment systems regulated by the West Virginia Department of Health and Human Resources.

(3) In compliance with SCR 46, the DEP and the Department of Health and Human Resources contracted with the United States Geological Survey (USGS) to conduct the PFAS study.

ThisThe USGS study was completed in 2022, with results for 279 sampled sitessites. published in the USGS Scientific Investigations Report 2022-5067.

(4) According to thisthe USGS study, PFOA and/or PFOS was detected above the then- current USEPA drinking water health advisory in 49%13% (137)(37) of the sampled raw water sources (involving 130 community water systems) between 2019 and 2021.

(5) In June 2022, the USEPA issued updated interim or final drinking water health advisories for four PFAS:

perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorobutane sulfonic acid and its potassium salt (PFBS), and hexafluoropropylene oxide (HFPO) dimer acid and its ammonium salt ("GenX(HFPO-DA). chemicals").

The updated interim health advisory levels for PFOA and PFOS indicate that negative health effects can occur at near-zero concentrations based on decreased serum antibody concentrations.

(6) InAccording Augustto 2022, the USEPAdata proposedcollected tofor designatethe USGS study, PFOA andand/or PFOS aswas hazardousdetected substancesabove because,the whenJune released2022 intodrinking thewater environment,health theseadvisories chemicalsin present49% substantial(137) dangerof tothe sampled raw water sources (involving 130 public health.water systems) between 2019 and 2021.

(7) OnIn DecemberAugust 5, 2022, the USEPA issuedproposed guidance to statedesignate permittingPFOA authoritiesand entitledPFOS "Addressingas PFAShazardous Dischargessubstances inbecause, NPDESwhen Permitsreleased andinto Through the Pretreatmentenvironment, Programthese andchemicals Monitoringpresent Programs".substantial danger to public health.

Intr HB 2023R3261 (8) On December 5, 2022, the USEPA issued guidance to state permitting authorities entitled "Addressing PFAS Discharges in NPDES Permits and Through the Pretreatment Program and Monitoring Programs." (9) The USEPA has committed to establishing drinking water standards under the Safe Drinking Water Act for PFOA and PFOS in 2023.

(9)(10) The USEPA has committed to publishing recommended human health water quality criteria under the Clean Water Act for PFOA and PFOS in 2024.

(10)(11) ItWhile some manufacturers have already voluntarily done so, it is imperative to identify the remaining sources of PFAS detected in the raw water sources for communitypublic water systems so that these sources of pollution can be properly addressed, withoutminimizing Intr SB 2023R3089 shifting the burdenimpacts and cost of reducing PFAS to public drinking water systemssystems. and their ratepayers.

(11)(12) It is in the public interest for West Virginia to reduce toxic chemicals such as PFAS chemicals in drinking water supplies to protect the health of West Virginians and strengthen the state’s economy.

Definitions.

Unless the context in which used clearly requires a different meaning, as used in this article:

(1) "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means non-polymeric perfluoroalkyl and polyfluoroalkyl substances that contain at least two fully fluorinated carbon atoms, excluding gases and volatile liquids.

PFAS includes, among other substances, PFOA and PFOS.

(2) "Secretary" means the Secretary of the Department of Environmental Protection.

(3) "USGS study" means United States Geological Survey Scientific Investigations Report 2022-5067, entitled "Occurrence of Per- and Polyfluoroalkyl Substances and Inorganic Analytes in Groundwater and Surface Water Used as Sources for Public Water Supplies in West Virginia," published in 2022.

Intr HB 2023R3261 §22-11C-3.

(1) Write a PFAS action plan to identify and address sources of PFAS by July 1, 20242024, for each publicof the 37 raw water systemsources for which Scientificthe InvestigationsUSGS Reportstudy 2022-5067 has measured PFOA, PFOS, PFBS, or GenXHFPO-DA chemicals in its raw water source above the practical quantitation limit and above USEPA’s applicable drinking water human health advisory;

(2) For each raw water source for which Scientificthe InvestigationsUSGS Reportstudy 2022-5067 has measured PFOA, PFOS, PFBS, or GenXHFPO-DA chemicals above the method detection level, above USEPA’s applicable drinking water human health advisory, and below the practical quantitation limit, DEP shall initiate a study to sample the finished water of the associated public water system, after treatment, by December 31, 2023.2023;

(3) For each public water system for which the measured PFOA, PFOS, PFBS, or GenXHFPO- chemicalsDA in the finished water is above the method detection level and above USEPA’s applicable drinking water human health advisory, whether or not the measured value is above or below the practical quantitation limit, DEP shall write a PFAS action plan to identify and address sources of PFAS for the public water system’s raw water source or sourcessources. by December 31, 2025.

(4)The Performfirst outreach50 tosuch ensureplans allshall relevantbe stakeholderscompleted inby impactedDecember areas31, are2025, informed, Intr SB 2023R3089 educated, and havethe opportunityremaining toplans provideshall inputbe tocompleted DEPby regardingDecember PFAS31, sources2026; and impacts.

Stakeholder(4) outreachFor willeach include,public butwater issystem notfor limitedwhich to,a residents,PFAS communityaction members,plan businessis owners,required publicunder waterthis systems,section publiclyand ownedthat treatmentis works,required landfills,to tribaldeliver governments,a andConsumer localConfidence governmentReport officialsto andits electedcustomers, officialsunder representing the impactedSafe areas;Drinking Water Act, 42 U.S.C.

(5)300f Performet outreachseq., as enacted, amended, and as may be subsequently amended, DEP shall provide information to ensurethe public water system for inclusion in the generalConsumer publicConfidence isReport informedregarding PFAS raw water and finished water sampling results, DEP’s schedule for developing any required PFAS action plan, a summary of results from any Intr HB 2023R3261 completed PFAS action plan, information about how to obtain any completed PFAS contaminationaction plan, and thecontact workinformation offor an appropriate person or office at DEP to identifywhich andquestions addresscan PFASbe sources;directed;