SENATE CONCURRENT RESOLUTION 46
(By Senators Trump, Hardesty, Rucker, Lindsay, Romano, Beach, Weld, Takubo, Clements, Baldwin, Pitsenbarger, Smith, Jefferies, Cline, and Woelfel)
[Originating in the Committee on the Judiciary; reported on February 20, 2020]
Requesting the Department of Environmental Protection and the Department of Health and Human Resources cooperatively propose and initiate a public source-water supply study plan to sample perfluoroalkyl and polyfluoroalkyl substances for all community water systems in West Virginia, including schools and daycares that operate treatment systems regulated by the West Virginia Department of Health and Human Resources.
Whereas, The Legislature recognizes the prevalence and potential health risks of certain perfluoroalkyl and polyfluoroalkyl substances (PFAS). These compounds have been manufactured and are used in thousands of applications in a variety of industries and are an ingredient in some fire-fighting foams, food packaging, cleaning products, nonstick pots and pans, and various other household items. These compounds are very stable and accumulate in the environment, and many are highly water soluble, easily transferring through soil to groundwater. Some are associated with adverse health effects; and
Whereas, The United States Environmental Protection Agency’s lifetime drinking water health advisory level for the individual or the combined concentrations of two of the most studied of the PFAS compounds, perflourooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS) in drinking water is currently 70 parts per trillion; and
Whereas, The United States Environmental Protection Agency is moving forward with the Maximum Contaminant Level process for PFOA and PFOS two of the most well-known and prevalent PFAS chemicals. The United States Environmental Protection Agency is also gathering and evaluating information to determine if regulation is appropriate for a broader class of PFAS; and
Whereas, In accordance with §7321 of the National Defense Authorization Act for Fiscal Year 2020 (P.L. 116-92), the United States Environmental Protection Agency added 160 per-and polyfluoroalkyl substances (PFAS) to the Emergency Planning and Community Right-to-Know Act’s §313 list of reportable chemicals. Since January 1, 2020, Industry reporters have been required to track and collect data on the listed PFAS with the first Toxics Release Inventory (TRI) report due by July 1, 2021. Federal law requires industry to report this information to: (1) The State Emergency Response Commission, which in West Virginia is the West Virginia Division of Homeland Security and Emergency Management; (2) the Local Emergency Planning Committee; and (3) the fire department with jurisdiction over the affected facility; and
Whereas, It is in the public interest for West Virginia to identify the presence and prevalence of specific PFAS chemicals in and near drinking water supplies to protect the health of West Virginians; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Environmental Protection and the Department of Health and Human Resources cooperatively propose and initiate a public source-water supply study plan to sample perfluoroalkyl and polyfluoroalkyl substances for all community water systems in West Virginia, including schools and daycares that operate treatment systems regulated by the West Virginia Department of Health and Human Resources; and, be it
Further Resolved, That the purpose of the PFAS public source-water supply study plan is to inform state regulatory agencies about the distribution of PFAS contamination and potential PFAS contamination in public drinking water sources using data of known quality. Specific objectives of the PFAS public source-water supply study plan shall include: (1) Identifying the drinking water supplies in West Virginia that have measurable amounts of PFOS, PFOA, and related PFAS compounds in their raw source-water; (2) Determining if there are geochemical, watershed, industrial use, land use, or geohydrologic factors or processes that affect the presence of these compounds in public source-water supplies; (3) Informing state agencies and the public of any need for additional PFAS investigation, such as sampling of domestic wells; and (4) Assisting state regulatory agencies in protecting public health by providing risk-based information on statewide PFAS distribution in source water; and, be it
Further Resolved, That any entity required to report PFAS compounds based on the TRI reporting requirements listed above shall also report that information to the Department of Environmental Protection by July 1, 2021.
Further Resolved, That the Department of Environmental Protection and the Department of Health and Human Resources report to the Joint Legislative Oversight Committee on State Water Resources semi-annually beginning in the fiscal year 2021, on its findings, conclusions, and recommendations.