A bill

to amend the South Carolina Code of Laws by adding Section 44-55-130 so as to REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROMULGATE REGULATIONS TO ESTABLISH MAXIMUM CONTAMINANT LEVELS FOR CERTAIN POLLUTANTS IN PUBLIC WATER SYSTEMS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.   Article 1, Chapter 55, Title 44 of the S.C. Code is amended by adding:

   Section 44-55-130.   (A) It is the goal of the State of South Carolina to protect residents from harmful toxins in drinking water.

   (B) Within one hundred days of the effective date of this act, the department shall commence, in accordance with subsections (C) and (D), the regulatory process authorized in Section 44-55-30 to promulgate regulations that establish maximum contaminant levels (MCLs) for likely or known carcinogens and toxic chemicals likely to pose a substantial health hazard in public water systems.

   (C) The department shall promulgate regulations that establish statewide MCLs for the following pollutants in public water systems:

      (1)   PFOS, PFOA, and other PFAS compounds;

      (2)   chromium-6;

      (3)   1, 4 dioxane; and

      (4)   any other public water system pollutants for which at least two other states have established MCLs or issued public health guidance.

   (D)(1) As part of promulgating the regulations pursuant to subsections (B) and (C), the department shall review MCLs adopted by other states, the studies and scientific evidence reviewed by those states, data and other information maintained by the Agency for Toxic Substances and Disease Registry, and the latest peer-reviewed science and independent or governmental agency public water system studies.

      (2) An MCL promulgated pursuant to this section must protect the public health, including vulnerable populations such as pregnant and nursing mothers, infants, and children, and in no case, may an MCL exceed an MCL or health advisory promulgated by the United States Environmental Protection Agency.

      (3) The department annually shall review the latest peer-reviewed science and independent or governmental agency studies and promulgate, if necessary, additional or revised regulations to ensure compliance with item (2).

   (E) For purposes of this section:

      (1) "MCL" means maximum contaminant level, or the legal threshold on the amount of a substance that is allowed in a public water system.

      (2) "PFAS" means per- and polyfluoroalkyl substance.

      (3) "PFOA" means perfluorooctanoic acid.

      (4) "PFOS" means perfluorooctanesulfonic acid.

SECTION 2.   This act takes effect upon approval by the Governor.

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