June 21, 2019 - Introduced by Senators Miller, Hansen, Risser, Larson, Wirch,
Erpenbach, Ringhand, Smith, Bewley, Shilling, Carpenter, Schachtner,
Johnson and L. Taylor, cosponsored by Representatives C. Taylor,
Gruszynski, Sargent, Sinicki, Anderson, Zamarripa, Stubbs, Stuck, Subeck,
Ohnstad, Kolste, Emerson, Spreitzer, Billings, Considine, Hebl, Vining
and Shankland. Referred to Committee on Natural Resources and Energy.

SB302,1,8 1An Act to amend 292.31 (1) (d) (intro.); and to create 20.370 (4) (aa), 20.370 (4)
2(ab), 20.370 (4) (ad), 20.370 (4) (ae), 20.370 (4) (ak), 160.07 (4) (f), 160.07 (7),
3160.15 (4), 281.17 (8) (c), 285.27 (2) (bm), 292.31 (1) (d) 1m., 292.74 and 299.15
4(2m) of the statutes; relating to: setting standards for certain contaminants,
5providing information relating to off-site disposal of certain waste, extending
6the time limit for emergency rule procedures, providing an exemption from
7emergency rule procedures, granting rule-making authority, and making an
8appropriation.

This bill requires the Department of Natural Resources to establish and enforce
various standards for per- and poly-fluoroalkyl substances (PFAS). The PFAS
group of substances includes several thousand chemicals; two of the most well known
are perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS).

The bill requires DNR to establish, by rule, acceptable levels and standards,
monitoring requirements, and required response actions for any PFAS in drinking
water, groundwater, surface water, air, solid waste, beds of navigable waters, and soil
and sediment, if the department determines that the substance may be harmful to
human health or the environment. These rules must cover, at a minimum, PFOA and

PFOS, as well as perfluorohexane sulfonic acid (PFHxS), perfluorononanoic acid
(PFNA), perfluorobutane sulfonic acid (PFBS), and perfluoroheptanoic acid
(PFHpA). For air emission standards, DNR must first determine that an emission
standard for a substance is needed to provide adequate protection for public health
and welfare, which is also required for other hazardous air contaminants under
current law. The bill also requires DNR to consider all PFAS to be air contaminants
and to require reporting of any emission of PFAS.

Under current law, DNR maintains a list of substances that have a reasonable
probability of entering the groundwater resources of the state and that are shown to
involve public health concerns. Under this bill, DNR is required to add to this list
PFOA, PFOS, PFHxS, PFNA, PFBS, PFHpA, and all other PFAS that have a
reasonable probability of entering the groundwater resources of the state and that
are shown to involve public health concerns. Under current law, the Department of
Health Services recommends enforcement standards for substances on this list,
which DNR then proposes as DNR rules in its rule-making process. Until DNR
establishes such rules, the bill requires DNR to apply any DHS-recommended
groundwater enforcement standard for any PFAS as an interim standard for
groundwater and as an interim maximum containment level for drinking water.

The bill also provides that DNR may, if it determines doing so is necessary to
protect human health or the environment, require a person who possesses or controls
PFAS to provide proof of financial responsibility for remediation and long-term care
to address contamination by a potential discharge of PFAS or environmental
pollution that may be caused by a discharge of PFAS.

In addition, the bill requires DNR to set criteria for certifying laboratories to
test for PFAS, and to certify laboratories that meet these criteria. Before these
criteria are set, the bill allows DNR to require testing for PFAS to be done according
to nationally recognized standards.

Finally, the bill requires a person who generates solid or hazardous waste at a
site or facility under investigation by DNR to provide DNR with access to information
relating to any transportation to or treatment, storage, or disposal at another site,
facility, or location.