Resolve, To Protect Consumers of Public Drinking Water by Establishing Maximum Contaminant Levels for Certain Substances and Contaminants
Maine Legislature, Session 130, LD 0129
Committee: Health and Human Services
Sponsors: STEWART

Legislative Document
No. 129
S.P. 64
In Senate, January 21, 2021
Resolve, To Protect Consumers of Public Drinking Water by 
Establishing Maximum Contaminant Levels for Certain Substances 
and Contaminants
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Received by the Secretary of the Senate on January 19, 2021.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator STEWART of Aroostook.
Sec. 1. Definitions.  Resolved: That, as used in this resolve, the following terms 
have the following meanings.
1.  "Community water system" has the same meaning as in the Maine Revised Statutes, 
Title 22, section 2660-B, subsection 2.
2.  "Department" means the Department of Health and Human Services.
3.  "Nontransient, noncommunity water system" means a nontransient, noncommunity 
water system described in the Maine Revised Statutes, Title 22, section 2660-B, subsection 
5, paragraph A that is a school or child care facility regulated as a nontransient, 
noncommunity water system under the federal Safe Drinking Water Act.
4.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl 
substance or polyfluoroalkyl substance that is detectable in drinking water using standard 
analytical methods established by the United States Environmental Protection Agency, 
including regulated PFAS contaminants.
5.  "Regulated PFAS contaminants" means perfluorooctanoic acid, perfluorooctane 
sulfonic 
acid, 
perfluorohexane 
sulfonic 
acid, 
perfluorononanoic 
acid 
and 
perfluoroheptanoic acid.
Sec. 2. Interim drinking water standard and testing requirements for 
perfluoroalkyl and polyfluoroalkyl substances.  Resolved: That community water 
systems and nontransient, noncommunity water systems shall comply with the provisions 
of this section.
1.  Initial monitoring.  On or before December 31, 2022, all community water systems 
and nontransient, noncommunity water systems shall conduct monitoring for the level of 
PFAS detectable using standard laboratory methods established by the United States 
Environmental Protection Agency in effect at the time of sampling.  Monitoring under this 
subsection must be conducted for all regulated PFAS contaminants and additional PFAS 
included in the list of analytes in the standard laboratory methods established by the United 
States Environmental Protection Agency in effect at the time of sampling.
2.  Subsequent monitoring.  After completion of initial monitoring under subsection 
1, a community water system or a nontransient, noncommunity water system shall conduct 
continued monitoring for the presence of regulated PFAS contaminants in drinking water 
supplied by the water system as follows until the adoption of rules required under section 
3.
A.  If initial monitoring under subsection 1 detects the presence of any regulated PFAS 
contaminants individually or in combination at or above the United States 
Environmental Protection Agency health advisory level of 70 parts per trillion, the 
community water system or nontransient, noncommunity water system shall conduct 
continued quarterly monitoring until regulated PFAS contaminants are mitigated as 
described in subsection 4.
B.  If initial monitoring under subsection 1 detects the presence of any regulated PFAS 
contaminants at or above each analyte's lowest concentration minimum reporting level 
as specified in the standard laboratory methods established by the United States 
Environmental Protection Agency in effect at the time of sampling and the level is 
below the United States Environmental Protection Agency health advisory level of 70 
parts per trillion, either individually or in combination with other detected regulated 
PFAS contaminants, the community water system or nontransient, noncommunity 
water system shall conduct continued monitoring annually.
3.  Reporting.  Monitoring results must be reported to the department in accordance 
with 10-144 C.M.R. Chapter 231, Section 6.
4.  Treatment; notice.  If monitoring results under subsection 1 or 2 confirm the 
presence of any regulated PFAS contaminants individually or in combination in excess of 
the United States Environmental Protection Agency health advisory level of 70 parts per 
trillion, the department shall:
A.  Direct the community water system or nontransient, noncommunity water system 
to implement treatment or other remedies to reduce the combined levels of regulated 
PFAS contaminants in the drinking water of the water system below the United States 
Environmental Protection Agency health advisory level; and
B.  Direct the community water system or nontransient, noncommunity water system 
to issue a notice to all users of the water system to inform them of the detected PFAS 
concentration and potential risk to public health until the treatment under paragraph A 
is completed.
5. Enforcement.  The department may enforce the requirements of this section under 
the Maine Revised Statutes, Title 22, chapter 601, subchapter 2.  A person may appeal the 
acts or decisions of the department under this section in accordance with Title 22, chapter 
601, subchapter 2-A.
Sec. 3.  Maximum contaminant level for perfluoroalkyl and polyfluoroalkyl 
substances.  Resolved: That the department shall adopt a maximum contaminant level 
for perfluoralkyl and polyfluoralkyl substances in accordance with this section.
1.  Advance notice of proposed rulemaking.  On or before August 1, 2023, the 
department shall initiate a public notice and comment process for potential rulemaking by 
publishing an advance notice of proposed rulemaking regarding the department's regulation 
of regulated PFAS contaminants.
2.  Proposed rule.  On or before December 31, 2023, the department shall file a 
proposed rule with the Secretary of State establishing a maximum contaminant level for 
regulated PFAS contaminants and monitoring requirements for community water systems 
and nontransient, noncommunity water systems.
3.  Final rule.  On or before June 1, 2024, the department shall file a final rule with the 
Secretary of State regarding the regulation of regulated PFAS contaminants.  The 
department may adopt federal regulatory requirements established by the United States 
Environmental Protection Agency, including maximum contaminant levels for regulated 
PFAS contaminants, if the new federal requirements are the same as or more restrictive 
than the interim drinking water standards described in section 2.
Sec. 4. Repeal of interim drinking water standard and testing 
requirements.  Resolved:  That the interim drinking water monitoring requirements for 
PFAS and regulated PFAS contaminants under section 2 are repealed on the effective date 
of the rules required under section 3.
SUMMARY
The purpose of this resolve is to adopt measures to protect consumers of public 
drinking water in Maine from potential health impacts associated with perfluoroalkyl and 
polyfluoroalkyl substances known as PFAS.  The resolve requires community water 
systems and schools and child care facilities regulated as nontransient, noncommunity 
water systems to conduct monitoring for perfluoroalkyl and polyfluoroalkyl substances.  If 
the monitoring results detect the presence of perfluorooctanoic acid, perfluorooctane 
sulfonic acid, perfluorohexane sulfonic acid, perfluorononanoic acid or perfluoroheptanoic 
acid at a level in excess of an interim standard, the water system is required to conduct 
additional monitoring.  The resolve also directs the Department of Health and Human 
Services to undertake rulemaking to establish an enforceable maximum contaminant level 
for the 5 PFAS by June 1, 2024, which can include adoption of a federal maximum 
contaminant level if one is available and at least as restrictive as the interim standard.