Maine § 2650-A. - Drinking water standards, monitoring and treatment for perfluoroalkyl and polyfluoroalkyl substances

§ 2650-A.. Drinking water standards, monitoring and treatment for perfluoroalkyl and polyfluoroalkyl substances

1.  Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Community water system" has the same meaning as in section 2660‑B, subsection 2.   [PL 2025, c. 425, §1 (NEW).]

B. "Nontransient, noncommunity water system" has the same meaning as described in section 2660‑B, subsection 5, paragraph A.   [PL 2025, c. 425, §1 (NEW).]

C. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning as in section 2660‑AA, subsection 3, including a regulated PFAS contaminant under subsection 2, that is detectable in drinking water using standard analytical methods established by the United States Environmental Protection Agency.   [PL 2025, c. 425, §1 (NEW).]

2.  Maximum contaminant levels for regulated PFAS contaminants.  The maximum contaminant levels for regulated PFAS contaminants allowed for a community water system or nontransient, noncommunity water system must be at or below the maximum contaminant levels contained in 40 Code of Federal Regulations, Section 141.61(c)(2), as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule.

By rule, the commissioner may decrease the maximum level of a contaminant included in this subsection or add a regulated PFAS contaminant other than those specified in this subsection as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development.  

3.  PFAS monitoring.  PFAS monitoring of all community water systems and nontransient, noncommunity water systems must be conducted in accordance with 40 Code of Federal Regulations, Section 141.902, as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule, the commissioner may adopt more stringent monitoring requirements as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development.

4.  Submission of drinking water samples; reporting.  Submission of PFAS drinking water sample results from all community water systems and nontransient, noncommunity water systems must be conducted in accordance with 40 Code of Federal Regulations, Section 141.901 and 40 Code of Federal Regulations, Section 141.904, as promulgated on April 26, 2024, and not as superseded by subsequent versions of that federal rule. By rule, the commissioner may adopt more stringent analysis and reporting requirements as the commissioner determines necessary to maintain an adequate margin of safety to protect human health at all stages, including prenatal development.

5.  Treatment; notice.  Treatment, or implementation of another remedy to reduce PFAS levels, and public notice, in the event of an exceedance of the maximum contaminant level in the drinking water of a community water system or nontransient, noncommunity water system, must take place in accordance with the provisions contained in 40 Code of Federal Regulations, Section 141.905, as promulgated on April 26, 2024, and 40 Code of Federal Regulations, Section 141.201-211 and not as superseded by subsequent versions of that federal rule. Public notice of an exceedance must include information identifying each type of PFAS detected in the drinking water, the levels of each type of PFAS detected and the total level of PFAS detected.

6.  Enforcement; appeal.  The department may enforce this section pursuant to section 2605, subsection 5. A person may appeal an act or decision of the department under this section pursuant to section 2620-A.

7.  Notification of suspected tampering.  A community water system or nontransient, noncommunity water system shall notify the department and law enforcement officials immediately of any act of potential or suspected tampering of the community water system or nontransient, noncommunity water system.

8.  Rules.  The department may adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2-A to carry out the purposes of this section.