HB 171: "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 HOUSE BILL NO. 171 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 ensure the 09 responsible party tests for perfluoroalkyl substances and polyfluoroalkyl substances in 10 all drinking water used in the state that is in a water supply located in the state when a 11 perfluoroalkyl substance or polyfluoroalkyl substance is released in the area of the 12 water supply. If a test conducted under this subsection detects a perfluoroalkyl 13 substance or polyfluoroalkyl substance at a level equal to or greater than the limit 14 described in (b) of this section, the department shall ensure the responsible party
01 provides a person who routinely uses the tested drinking water, at no cost to the 02 person, 03 (1) a source of drinking water containing levels of perfluoroalkyl 04 substances and polyfluoroalkyl substances lower than the limits described in (b) of this 05 section; and 06 (2) at least one voluntary test of the person's blood to determine the 07 person's exposure to perfluoroalkyl substances and polyfluoroalkyl substances. 08 (b) For purposes of (a) of this section, the limit of perfluoroalkyl substance or 09 polyfluoroalkyl substance contamination in water is the lesser of 10 (1) the limit established by the department in regulation; or 11 (2) the following limits: 12 CUTOFF CONCENTRATION 13 SUBSTANCE (parts per trillion) 14 perfluorobutanesulfonic acid 420 15 perfluorooctanoic acid 8 16 perfluorooctanesulfonic acid 16 17 perfluorononanoic acid 6 18 perfluorohexanesulfonic acid 51 19 perfluoroheptanoic acid 400,000 20 hexafluoropropylene oxide dimer acid 370. 21 (c) The department shall ensure the responsible party provides a responder 22 who ingests, inhales, or absorbs through the skin or eyes a perfluoroalkyl substance or 23 polyfluoroalkyl substance, or fumes or another potentially harmful aspect of a 24 perfluoroalkyl substance or polyfluoroalkyl substance, at least one voluntary test of 25 the responder's blood to determine the responder's exposure to the perfluoroalkyl 26 substance or polyfluoroalkyl substance, at no cost to the responder. In this subsection, 27 "responder" means 28 (1) a peace officer, firefighter, or other first responder; or 29 (2) a person who contains or cleans up a perfluoroalkyl substance or 30 polyfluoroalkyl substance. 31 Sec. 46.03.345. Liability for drinking water, drinking water testing, and
01 blood testing costs. (a) A person who causes a fire that results in a release of a 02 firefighting substance containing a perfluoroalkyl substance or polyfluoroalkyl 03 substance is liable for the costs of providing drinking water, drinking water testing, 04 and blood testing under AS 46.03.340. This subsection does not apply to a release of a 05 firefighting substance to extinguish a fire in a residential building or motor vehicle. 06 (b) A person who extinguishes a fire by releasing a firefighting substance that 07 contains a perfluoroalkyl substance or polyfluoroalkyl substance is not liable for the 08 costs of providing drinking water, drinking water testing, and blood testing under 09 AS 46.03.340 or site cleanup under this chapter, AS 46.08, AS 46.09, or another state 10 law unless the firefighting substance was released for training or testing purposes. 11 (c) The liability of a person for costs under this section is in addition to other 12 liability under this chapter, AS 46.08, AS 46.09, or other state law for a release of a 13 perfluoroalkyl substance or polyfluoroalkyl substance. 14 (d) In this section, 15 (1) "motor vehicle" has the meaning given in AS 28.90.990, but does 16 not include a commercial motor vehicle, as defined in AS 28.90.990; 17 (2) "residential building" has the meaning given in AS 18.60.780. 18 Sec. 46.03.350. Use of firefighting substances. (a) A person engaged in the 19 business of oil or gas production, transmission, transportation, or refining may use a 20 firefighting substance that contains a perfluoroalkyl substance or polyfluoroalkyl 21 substance in the state unless the state fire marshal adopts regulations under (b) of this 22 section requiring use of an alternative firefighting substance. 23 (b) If the state fire marshal determines an alternative firefighting substance 24 listed by an organization recognized by the federal Occupational Safety and Health 25 Administration's Nationally Recognized Testing Laboratory Program is safe and 26 effective, the state fire marshal shall adopt regulations requiring use of the alternative 27 firefighting substance. The regulations must state the proposed effective date of the 28 regulations. 29 (c) The department shall accept for disposal from a person domiciled in the 30 state a firefighting substance that contains a perfluoroalkyl substance or 31 polyfluoroalkyl substance in a quantity not to exceed 25 gallons each year.
01 (d) Notwithstanding AS 46.03.320 and except as provided in (a) of this 02 section, a person may not use a firefighting substance that contains a perfluoroalkyl 03 substance or polyfluoroalkyl substance in the state unless the use is required by federal 04 law. 05 Sec. 46.03.355. Thermal remediation permit. A facility that thermally 06 remediates a perfluoroalkyl or polyfluoroalkyl substance contamination must have a 07 permit from the department under 42 U.S.C. 7661 - 7661f (Clean Air Act, secs. 501 - 08 507) authorizing the remediation. The department may not issue a permit or allow a 09 facility to retain a permit issued under this section if the department determines that 10 the remediation will result in the release of more than a minimal amount of an airborne 11 compound with a carbon-fluorine bond detectable through source testing. Source 12 testing under this section must include testing of all compounds with a carbon-fluorine 13 bond for which the United States Environmental Protection Agency has approved a 14 testing methodology. 15 Sec. 46.03.359. Definitions. In AS 46.03.340 - 46.03.359, "perfluoroalkyl 16 substance" and "polyfluoroalkyl substance" include 17 (1) perfluorooctanoic acid; 18 (2) perfluorooctanesulfonic acid; 19 (3) perfluorononanoic acid; 20 (4) perfluorohexanesulfonic acid; 21 (5) perfluoroheptanoic acid; 22 (6) perfluorobutanesulfonic acid; 23 (7) hexafluoropropylene oxide dimer acid; 24 (8) other perfluoroalkyl substances or polyfluoroalkyl substances 25 specified by the department in regulation. 26 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY; RETROACTIVITY. (a) AS 46.03.340(c), added by sec. 1 of this 29 Act, applies retroactively to a responder's exposure to a perfluoroalkyl substance or 30 polyfluoroalkyl substance occurring on or after January 1, 2019. 31 (b) AS 46.03.345, added by sec. 1 of this Act, applies retroactively to a release of a
01 perfluoroalkyl substance or polyfluoroalkyl substance occurring before, on, or after the 02 effective date of sec. 1 of this Act. 03 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. The Department of Environmental Conservation 06 shall adopt regulations necessary to implement this Act. The regulations take effect under 07 AS 44.62 (Administrative Procedure Act), but not before the effective date of the law 08 implemented by the regulation. 09 * Sec. 4. AS 46.03.350(d), added by sec. 1 of this Act, takes effect October 4, 2021. 10 * Sec. 5. Sections 2 and 3 of this Act take effect immediately under AS 01.10.070(c). 11 * Sec. 6. Except as provided in secs. 4 and 5 of this Act, this Act takes effect January 1, 12 2022.