CSSB 121(RES): "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl substances; relating to the duties of the Department of Environmental Conservation; relating to firefighting substances; relating to thermal remediation of perfluoroalkyl and polyfluoroalkyl substance contamination; and providing for an effective date."
00 CS FOR SENATE BILL NO. 121(RES) 01 "An Act relating to pollutants; relating to perfluoroalkyl and polyfluoroalkyl 02 substances; relating to the duties of the Department of Environmental Conservation; 03 relating to firefighting substances; relating to thermal remediation of perfluoroalkyl and 04 polyfluoroalkyl substance contamination; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 46.03 is amended by adding new sections to read: 07 Article 5A. Perfluoroalkyl and Polyfluoroalkyl Substances. 08 Sec. 46.03.340. Testing; drinking water. (a) The department shall 09 ensure the responsible party tests for perfluoroalkyl substances and polyfluoroalkyl 10 substances in all drinking water used in the state that is in a water supply located in the 11 state when a perfluoroalkyl substance or polyfluoroalkyl substance is released in the 12 area of the water supply. If a test conducted under this subsection detects a 13 perfluoroalkyl substance or polyfluoroalkyl substance at a level equal to or greater 14 than the limit described in (b) of this section, the department shall ensure the
01 responsible party provides a person who routinely uses the tested drinking water, at no 02 cost to the person, a source of drinking water containing levels of perfluoroalkyl 03 substances and polyfluoroalkyl substances lower than the limits described in (b) of this 04 section. 05 (b) For purposes of (a) of this section, the limit of perfluoroalkyl substance or 06 polyfluoroalkyl substance contamination in water is the lesser of 07 (1) the limit established by the department in regulation; or 08 (2) the following limits: 09 CUTOFF CONCENTRATION 10 SUBSTANCE (parts per trillion) 11 perfluorobutanesulfonic acid 420 12 perfluorooctanoic acid 8 13 perfluorooctanesulfonic acid 16 14 perfluorononanoic acid 6 15 perfluorohexanesulfonic acid 51 16 perfluoroheptanoic acid 400,000 17 hexafluoropropylene oxide dimer acid 370. 18 Sec. 46.03.345. Liability for drinking water and drinking water testing. (a) 19 A person who causes a fire that results in a release of a firefighting substance 20 containing a perfluoroalkyl substance or polyfluoroalkyl substance is liable for the 21 costs of providing drinking water and drinking water testing under AS 46.03.340. This 22 subsection does not apply to a release of a firefighting substance to extinguish a fire in 23 a residential building or motor vehicle. 24 (b) A government agency that requires a release of a firefighting substance 25 that contains a perfluoroalkyl substance or polyfluoroalkyl substance is liable for the 26 costs of providing drinking water and drinking water testing under AS 46.03.340 for 27 the required release. 28 (c) A person who extinguishes a fire by releasing a firefighting substance that 29 contains a perfluoroalkyl substance or polyfluoroalkyl substance is not liable for the 30 costs of providing drinking water and drinking water testing under AS 46.03.340 or 31 site cleanup under this chapter, AS 46.08, AS 46.09, or another state law unless the
01 firefighting substance was released for training or testing purposes. 02 (d) The liability of a person or agency for costs under this section is in 03 addition to other liability under this chapter, AS 46.08, AS 46.09, or other state law for 04 a release of a perfluoroalkyl substance or polyfluoroalkyl substance. 05 (e) In this section, 06 (1) "motor vehicle" has the meaning given in AS 28.90.990, but does 07 not include a commercial motor vehicle, as defined in AS 28.90.990; 08 (2) "residential building" has the meaning given in AS 18.60.780. 09 Sec. 46.03.350. Use of firefighting substances. (a) A person engaged in the 10 business of oil or gas production, transmission, transportation, or refining may use a 11 firefighting substance that contains a perfluoroalkyl substance or polyfluoroalkyl 12 substance in the state unless the state fire marshal adopts regulations under (b) of this 13 section requiring use of an alternative firefighting substance. 14 (b) If the state fire marshal determines an alternative firefighting substance 15 listed by an organization recognized by the federal Occupational Safety and Health 16 Administration's Nationally Recognized Testing Laboratory Program is safe and 17 effective, the state fire marshal shall adopt regulations requiring use of the alternative 18 firefighting substance. The regulations must state the proposed effective date of the 19 regulations. 20 (c) The department shall accept for disposal from a person domiciled in the 21 state a firefighting substance that contains a perfluoroalkyl substance or 22 polyfluoroalkyl substance in a quantity not to exceed 25 gallons each year. 23 (d) Notwithstanding AS 46.03.320 and except as provided in (a) of this 24 section, a person may not use a firefighting substance that contains a perfluoroalkyl 25 substance or polyfluoroalkyl substance in the state unless the use is required by federal 26 law. 27 Sec. 46.03.355. Thermal remediation permit. A facility that thermally 28 remediates a perfluoroalkyl or polyfluoroalkyl substance contamination must have a 29 permit from the department under 42 U.S.C. 7661 - 7661f (Clean Air Act, secs. 501 - 30 507) authorizing the remediation. The department may not issue a permit or allow a 31 facility to retain a permit issued under this section if the department determines that
01 the remediation will result in the release of more than a minimal amount of an airborne 02 compound with a carbon-fluorine bond detectable through source testing. Source 03 testing under this section must include testing of all compounds with a carbon-fluorine 04 bond for which the United States Environmental Protection Agency has approved a 05 testing methodology. 06 Sec. 46.03.359. Definitions. In AS 46.03.340 - 46.03.359, "perfluoroalkyl 07 substance" and "polyfluoroalkyl substance" include 08 (1) perfluorooctanoic acid; 09 (2) perfluorooctanesulfonic acid; 10 (3) perfluorononanoic acid; 11 (4) perfluorohexanesulfonic acid; 12 (5) perfluoroheptanoic acid; 13 (6) perfluorobutanesulfonic acid; 14 (7) hexafluoropropylene oxide dimer acid; 15 (8) other perfluoroalkyl substances or polyfluoroalkyl substances 16 specified by the department in regulation. 17 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 18 read: 19 APPLICABILITY; RETROACTIVITY. AS 46.03.345, added by sec. 1 of this Act, 20 applies retroactively to a release of a perfluoroalkyl substance or polyfluoroalkyl substance 21 occurring before, on, or after the effective date of sec. 1 of this Act. 22 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 23 read: 24 TRANSITION: REGULATIONS. The Department of Environmental Conservation 25 shall adopt regulations necessary to implement this Act. The regulations take effect under 26 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 27 implemented by the regulation. 28 * Sec. 4. Sections 2 and 3 of this Act take effect immediately under AS 01.10.070(c). 29 * Sec. 5. Except as provided in sec. 4 of this Act, this Act takes effect January 1, 2023.