HB 240: "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl substances; relating to the duties of the Department of Environmental Conservation; and relating to firefighting substances."
00 HOUSE BILL NO. 240 01 "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl 02 substances; relating to the duties of the Department of Environmental Conservation; 03 and relating to firefighting substances." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 46.03 is amended by adding new sections to read: 06 Article 5A. Perfluoroalkyl and Polyfluoroalkyl Substances. 07 Sec. 46.03.340. Testing; drinking water. (a) The department shall 08 periodically test for perfluoroalkyl substances and polyfluoroalkyl substances in all 09 drinking water used in the state that is in a water supply located in the state when a 10 perfluoroalkyl substance or polyfluoroalkyl substance is released in the area of the 11 water supply. If a test conducted under this subsection detects a perfluoroalkyl 12 substance or polyfluoroalkyl substance at a level equal to or greater than the limit 13 described in (b) of this section, the department shall ensure a person who routinely 14 uses the tested drinking water is provided, at no cost to the person,
01 (1) a source of drinking water containing levels of perfluoroalkyl 02 substances and polyfluoroalkyl substances lower than the limits described in (b) of this 03 section; and 04 (2) at least once a year for three years after a detection under this 05 subsection, voluntary testing of the person's blood to monitor the person's exposure to 06 perfluoroalkyl substances and polyfluoroalkyl substances. 07 (b) For purposes of (a) of this section, the limit of perfluoroalkyl substance or 08 polyfluoroalkyl substance contamination in water is the lesser of 09 (1) the limit established by the department in regulation; or 10 (2) the following limits: 11 CUTOFF CONCENTRATION 12 SUBSTANCE (parts per trillion) 13 perfluorobutanesulfonic acid 420 14 perfluorooctanoic acid 8 15 perfluorooctanesulfonic acid 16 16 perfluorononanoic acid 6 17 perfluorohexanesulfonic acid 51 18 perfluoroheptanoic acid 400,000 19 hexafluoropropylene oxide dimer acid 370. 20 (c) The department shall ensure a responder who ingests, inhales, or absorbs 21 through the skin or eyes a perfluoroalkyl substance or polyfluoroalkyl substance, or 22 fumes or another potentially harmful aspect of a perfluoroalkyl substance or 23 polyfluoroalkyl substance, is provided voluntary testing of the responder's blood to 24 monitor the responder's exposure to the perfluoroalkyl substance or polyfluoroalkyl 25 substance, at no cost to the responder, at least once a year for three years after the 26 exposure. In this subsection, "responder" means 27 (1) a peace officer, firefighter, or other first responder; or 28 (2) a person who contains or cleans up a perfluoroalkyl substance or 29 polyfluoroalkyl substance. 30 Sec. 46.03.345. Use of firefighting substances. (a) The department shall 31 publish notice to inform the public when use of a firefighting substance that contains a
01 perfluoroalkyl substance or polyfluoroalkyl substance is no longer required by 02 applicable federal law. Notwithstanding AS 46.03.320 and except as provided in (b) of 03 this section, a person may not use a firefighting substance that contains a 04 perfluoroalkyl substance or polyfluoroalkyl substance in the state after the department 05 publishes notice under this section. 06 (b) A person engaged in the business of oil or gas production, transmission, or 07 refining may use a firefighting substance that contains a perfluoroalkyl substance or 08 polyfluoroalkyl substance in the state unless the state fire marshal publishes notice 09 under (c) of this section that an alternative firefighting substance must be used. 10 (c) If the state fire marshal determines that a safe and effective alternative 11 firefighting substance is available for use by persons engaged in the business of oil or 12 gas production, transmission, or refining, the state fire marshal shall immediately 13 publish notice that the alternative firefighting substance must be used. 14 (d) The department shall accept for disposal from a person domiciled in the 15 state a firefighting substance that contains a perfluoroalkyl substance or 16 polyfluoroalkyl substance in a quantity not to exceed 25 gallons each year. 17 Sec. 46.03.359. Definitions. In AS 46.03.340 - 46.03.359, "perfluoroalkyl 18 substance" and "polyfluoroalkyl substance" include 19 (1) perfluorooctanoic acid; 20 (2) perfluorooctanesulfonic acid; 21 (3) perfluorononanoic acid; 22 (4) perfluorohexanesulfonic acid; 23 (5) perfluoroheptanoic acid; 24 (6) perfluorobutanesulfonic acid; 25 (7) hexafluoropropylene oxide dimer acid; 26 (8) other perfluoroalkyl substances or polyfluoroalkyl substances 27 specified by the department in regulation.