An Act To Require Testing of Public Drinking Water Supplies for Toxic Perfluoroalkyl and Polyfluoroalkyl Substances and To Establish Maximum Contaminant Levels
Maine Legislature, Session 130, LD 1388
Committee: Health and Human Services
Sponsors: PLUECKER, MIRAMANT, FAY, GRAMLICH, PARRY, RUDNICKI, CLAXTON
Amends: 22 MRSA §2610-A

Legislative Document
No. 1388
H.P. 1022
House of Representatives, April 7, 2021
An Act To Require Testing of Public Drinking Water Supplies for 
Toxic Perfluoroalkyl and Polyfluoroalkyl Substances and To 
Establish Maximum Contaminant Levels
Received by the Clerk of the House on April 5, 2021.  Referred to the Committee on Health 
and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative PLUECKER of Warren.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: FAY of Raymond, GRAMLICH of Old Orchard Beach, PARRY of Arundel, 
RUDNICKI of Fairfield, Senator: CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2610-A is enacted to read:
§2610-A.  Testing, reporting and treatment of perfluoroalkyl and polyfluoroalkyl 
substances in drinking water
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Action level for PFAS" means:
(1)  For regulated PFAS contaminants, 20 nanograms per liter or the maximum 
contaminant levels adopted by the department by rule pursuant to subsection 5, 
paragraph A, either individually for any one of the regulated PFAS contaminants 
or as the sum concentration of 2 or more of the regulated PFAS contaminants; or
(2)  For PFAS that are not regulated PFAS contaminants and for which the 
department has adopted a maximum contaminant level by rule pursuant to 
subsection 5, paragraph B, the maximum contaminant level for that PFAS. 
B.  "Community water system" has the same meaning as in section 2660-B, subsection 
2.
C.  "Noncommunity water system" has the same meaning as in section 2660-B, 
subsection 5.
D.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means any member of 
the class of fluorinated organic chemicals containing at least one fully fluorinated 
carbon atom.
E. 
"Regulated 
PFAS 
contaminants" 
means 
perfluorooctanoic 
acid, 
perfluorooctanesulfonic acid, perfluorohexanesulfonic acid, perfluorononanoic acid, 
perfluoroheptanoic acid and perfluorodecanoic acid.
2.  Testing for PFAS.  On or before December 31, 2022, each community water system 
and noncommunity water system shall send samples of water provided by its system to an 
approved laboratory under section 2607 to be tested using the drinking water laboratory 
methods for PFAS developed and published by the United States Environmental Protection 
Agency for all PFAS analytes that can be effectively measured using those methods at the 
time the samples were taken.
A.  If testing under this subsection detects the presence of regulated PFAS 
contaminants at a level equivalent to or in excess of the action level for PFAS, the 
community water system or noncommunity water system shall:
(1) Report such test results in accordance with subsection 3;
(2) Notify all potential users of water provided by the system of the detected 
regulated PFAS contaminants and the potential risk to public health associated with 
the consumption of water provided by the system until properly treated;
(3) Implement treatment measures in accordance with subsection 4 to treat the 
water provided by the system; and
(4) Continue to test samples of the system's water pursuant to this subsection on a 
quarterly basis, except when a different testing frequency is specified by the 
department by rule adopted pursuant to subsection 5, paragraph C, until testing 
does not detect the presence of regulated PFAS contaminants at a level equivalent 
to or in excess of the action level for PFAS, after which testing must continue 
pursuant to paragraph B. 
B.  If testing under this subsection does not detect the presence of regulated PFAS 
contaminants at a level equivalent to or in excess of the action level for PFAS, the 
community water system or noncommunity water system shall continue to test samples 
of water pursuant to this subsection on an annual basis except when a different testing 
frequency is specified by the department by rule adopted pursuant to subsection 5, 
paragraph C.
3.  Reporting of test results.  A community water system or noncommunity water 
system that conducts testing pursuant to subsection 2 shall submit to the department the 
results of such testing.  A community water system shall ensure that the results of testing 
conducted pursuant to subsection 2 are included in the annual consumer confidence reports 
required under section 2615-A, subsection 1.
4.  Treatment.  If testing under subsection 2 detects the presence of regulated PFAS 
contaminants at a level equivalent to or in excess of the action level for PFAS, the 
community water system or noncommunity water system shall implement necessary 
treatment measures as directed by the department to reduce the level of regulated PFAS 
contaminants below the action level for PFAS.
5.  Enforcement; rules.  The department shall administer and enforce this section and 
shall adopt rules necessary to implement this section.  Rules adopted pursuant to this 
section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
A.  The department may adopt rules establishing maximum contaminant levels for 
regulated PFAS contaminants as long as such adopted maximum contaminant levels 
are not more than 20 nanograms per liter, both individually for each regulated PFAS 
contaminant and as the sum concentration of 2 or more of the regulated PFAS 
contaminants.  If the department adopts rules establishing maximum contaminant 
levels for regulated PFAS contaminants, the testing for, reporting on and treatment 
measures for regulated PFAS contaminants under subsections 2 to 4 must be conducted 
based on the maximum contaminant levels for regulated PFAS contaminants as 
established by the department by rule pursuant to this subsection. 
B.  The department may adopt rules requiring community water systems and 
noncommunity water systems under this section to test for, report on and implement 
treatment measures for PFAS that are not regulated PFAS contaminants and may adopt 
rules establishing maximum contaminant levels for such PFAS.  If the department 
adopts rules under this subsection establishing maximum contaminant levels for PFAS 
that are not regulated PFAS contaminants, the department shall require testing for, 
reporting on and treatment measures for such PFAS under subsections 2 to 4 to be 
conducted based on those adopted maximum contaminant levels. 
C.  The department may adopt rules regarding the frequency with which community 
water systems and noncommunity water systems are required to test for regulated 
PFAS contaminants and for PFAS that are not regulated PFAS contaminants for which 
testing has been required by rule pursuant to paragraph B.  In adopting rules pursuant 
to this paragraph, the department shall account for the number of individuals served by 
a community water system or noncommunity water system and for the type of PFAS 
identified through prior testing.  The rules must at a minimum require:
(1) At least quarterly testing of community water systems and noncommunity 
water systems when prior testing has detected the presence of regulated PFAS 
contaminants or PFAS that are not regulated PFAS contaminants at a level 
equivalent to or in excess of the action level for PFAS; and
(2) Testing at least once every 3 years of community water or noncommunity water 
systems where prior testing has detected the presence of regulated PFAS 
contaminants or PFAS that are not regulated PFAS contaminants at a level less 
than the action level for PFAS.  
SUMMARY
This bill requires each community water system and noncommunity water system to 
send samples of water provided by its system to an approved laboratory to be tested for 
perfluoroalkyl and polyfluoroalkyl substances, or PFAS, on or before December 31, 2022.  
If such testing detects the presence of certain PFAS at a level equivalent to or in excess of 
nanograms per liter, the community water system or noncommunity water system is 
required to implement necessary treatment measures directed by the Department of Health 
and Human Services to reduce the levels of those PFAS contaminants below the 20 
nanograms per liter threshold.  
The department is required to administer and enforce these requirements and to adopt 
implementing rules, which may include rules establishing maximum contaminant levels 
for PFAS contaminants.