250 R.I. Code R. 250-RICR-150-05-1.30

Current through November 7, 2024

Section 250-RICR-150-05-1.30 - Surface Water Quality Action Levels for Per- and Polyfluoroalkyl Substances (PFAS)

A. The purpose of an action level is to provide information to the Department that may be reflective of sources of emerging contaminants. This part establishes a process by which the Department shall be notified of, and by which it may seek, additional information and data on potential sources of PFAS in surface waters. This part specifies concentration levels which, if exceeded, requires notification of the Department as describe in § 1.30(D) of this Part. These action levels are not applicable as ambient water quality criteria.

B. The following numerical surface water quality action levels for specific per- and polyfluoroalkyl substances are applicable to Rhode Island surface waters.

1. [PFOA] + [PFOS] + [PFHxS] + [PFNA] + [PFHpA] + [PFDA] + [PFHxA] + [PFPeA] is equal to or greater than 70 nanograms per liter

Where,

PFOA = perfluorooctanoic acid

PFOS = perfluorooctane sulfonate

PFHxS = perfluorohexane sulfonic acid

PFNA = perfluorononanoic acid

PFHpA = perfluoroheptanoic acid

PFDA = perfluorodecanoic acid

PFHxA = perfluorohexanoic acid

PFPeA = perfluoropentanoic acid

C. Determination of Exceedances of Action Levels

1. Exceedance of the surface water quality action level shall be determined through analytical tests of ambient water samples from surface water bodies. Samples shall be collected in a manner to be representative of surface water quality using sampling techniques and equipment appropriate to minimize potential cross-contamination.

D. Notification to DEM of Exceedances of Surface Water Quality Action Levels

1. Notification: Any entity regulated under any of the following citations shall notify the Department in writing within 15 (Fifteen) calendar days when either receipt of an analytical sample result indicates exceedance of the action levels established in § 1.30(B)(1) of this Part has occurred or receipt of information indicates that an unauthorized discharge or release may have caused an exceedance of the action levels established in § 1.30(B)(1) of this Part:

a. 216-RICR- 50-05-1, "Public Drinking Water"

b. Subchapter 120-05 of this Title, "Air Resources" as applicable

c. Part 140-05-2 of this Title, "Solid Waste Landfills"

d. Part 140-25-1 of this Title, "Rules and Regulations for Underground Storage Facilities Used for Regulated Substances and Hazardous Materials"

e. Part 140-25-2 of this Title, "Oil Pollution Control Regulations"

f. Part 140-30-1 of this Title, "Rules and Regulations for the Investigation and Remediation of Hazardous Material Releases"

g. Subchapter 05 Part 3 of this Chapter, "Groundwater Quality Rules",

h. Subchapter 05 Part 4 of this Chapter, "Groundwater Discharge Rules",

i. Subchapter 10 Part 1 of this Chapter, "Regulations for the Rhode Island Pollutant Discharge Elimination System",

j. Subchapter 10 Part 2 of this Chapter, "Rhode Island Pretreatment Regulations"

2. Entities currently or otherwise required to report to the Department under regulations cited in §§ 1.30(D)(1)(a) through (j) of this Part are exempt from separately reporting under § 1.30(D)(3) of this Part.

3. Notification Requirements:

a. Notification shall be submitted in writing via postal mail to:

(1) Rhode Island Department of Environmental Management

Office of Water Resources

235 Promenade Street, Room 200

Providence, RI 02908

(2) Or via email available per instructions at the following Departmentwebsite: https://dem.ri.gov/environmental-protection-bureau/water-resources

b. Notification shall include the following:

(1) Name, address, telephone number and email address of person notifying the Department;

(2) Name of any associated facility, property owner, or operator;

(3) Date and time, where known, of the discovery and the circumstances surrounding the discovery of the occurrence requiring notification (e.g. monitoring activity, spill response, etc.);

(4) Description of the location where the sample was collected including name of the surface water body and latitude and longitude coordinates where known;

(5) Copies of the laboratory certificates of analysis indicating the concentration of the contaminant(s) identified, the method detection limit(s), and quantitation level(s) associated with the analysis as defined in 40 C.F.R. § 136 incorporated above in § 1.3(A) of this Part, and the analytical method used;

(6) As applicable, identification of the contaminant concentration(s) in the discharge or release and the flow rate or quantity discharged/released when notification is pursuant to § 1.30(D)(1)(b) of this Part;

(7) Where known, initial determination of the source of the pollutant(s) and an estimate of the extent and/or estimated total volume of pollution; and

(8) Measures taken or proposed to be taken at or following the time of notification; and

(9) Any additional information required by the Department.

E. Responses to Exceedances of Surface Water Quality Action Levels

1. Where an action level has been exceeded, and the Department has identified a responsible regulated entity or entities as specified in relevant regulations cited in §§ 1.30(D)(1)(a) through (j) of this Part, the Department may require any one or more of the responses below:

a. Notify relevant agencies within the State

b. Notify impacted communities (e.g. abutters, water supplies, municipalities, designated watershed councils) as directed by the Department

c. Require resampling of surface water;

d. Require further site investigation and or remedial actions as specified in relevant regulations cited in § 1.30(D)(1) of this Part.

250 R.I. Code R. 250-RICR-150-05-1.30

Adopted effective 12/28/2023