In response to per- and polyfluorinatedalkyl substances (PFAS) contamination in Vermont's environment, Act 21 (S.49), an act relating to the regulation of polyfluoroalkyl substances in drinking and surface waters, was passed by the Legislature and signed by Governor Scott in May, 2019. This law established an interim standard of 20 parts per trillion of detected PFAS compounds in Public Community and Non-Transient Non-Community Water Systems. The act required PFAS monitoring to be conducted by December 1, 2019. The act also required that ANR file with the Secretary of State by February 1, 2020 a revision of the Water Supply Rules to include a Maximum Contaminant Level for five PFAS compounds.
If PFAS compounds are found above the interim standard, then water systems will be required to protect public health through public notice, over a short term plan and a long term plan. The purpose of the short term plan is to protect public health quickly so that a system can have the required Do Not Drink public notice lifted, while a long-term plan is developed. The public notice will direct Public Water Systems to obtain alternative water.
Act 21 of 2019 directed the Agency to investigate and publish an advance notice of proposed rulemaking of PFAS as a class or subclass. The notice can be found here. The public informational meeting was held on October 16, 2020. The comment period closed November 16, 2020.
Click here to watch the recording of the public meeting.
As required by Act 21 (2019), Section 10(b), the Secretary of the Agency of Natural Resources, must publish for public review and comment a plan to collect data for contaminants in drinking water from public community water systems and all non-transient non-community water systems, for which a health advisory has been established, but no Maximum Contaminant Level has been adopted. The sampling plan was issued for public comment and can be found here. The Division received comments, compiled them, and generated a responsiveness summary available here.
Following receipt and review of comments, the Agency of Natural Resources created the following notice of the decision not to adopt a maximum contaminant level regulating PFAS as a class in public drinking water systems. More information and a response to comments received may be found here.
See the links below to find additional helpful information.