Committee holds DEQ PFAS drinking-water docket for further presentation tomorrow

The Department of Environmental Quality presented docket 58-0108-2401 to adopt federal drinking-water provisions addressing per- and polyfluoroalkyl substances (PFAS). Jeri Henry, Drinking Water Protection and Finance Division Administrator, and Tyler Fortunati, Drinking Water Bureau Chief, outlined that the rule would adopt 40 CFR Part 141 updates through July 1, 2024, including PFAS monitoring, enforceable maximum contaminant levels for PFOS and new sampling and reporting requirements.

Henry said the updates are intended to protect roughly 1.5 million Idahoans served by about 1,000 public water systems regulated under the rule and to preserve Idaho's primacy under the Safe Drinking Water Act. Fortunati said the changes include an updated reference date for 40 CFR part 141 (07/01/2024), incorporation of Subpart Z for PFOS, monitoring, analytical, reporting and record-keeping requirements, and PFOS sampling requirements for new wells and public water systems.

Sen. Blaylock asked whether this represented new testing requirements; Fortunati said the testing would be new regulatory testing for most public water systems and that voluntary sampling had occurred in a few systems. Fortunati said average sample cost is roughly $325, depending on analytical method.

Sen. Van Orden proposed postponing a vote until the department's fuller presentation the following day. Sen. Harris moved to hold the docket until the call of the chair; Sen. Wintrow seconded. The committee approved the motion to hold by voice vote. DEQ said the rule had been adopted by the Board of Environmental Quality (pending) on Nov. 14, 2024, and DEQ will provide additional detail at the next presentation.

No formal vote to adopt the rule was taken; the committee held the docket for further briefing.