§ 3002R. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter:

(1)“Division” means the Division of Public Health.

(2)“Hazard index” means a sum of fractions in which each fraction compares the level of each PFAS measured in the water to the highest level below which there is no risk of health effects.

(3)“Maximum contaminant level” or “MCL” means the legal threshold limit on the amount of a substance that is allowed in a public water drinking system.

a. Except as provided under paragraph (3)b. of this section, the MCLs for the PFAS regulated under this chapter are as follows:

1. For PFOA, an MCL of 4.0 PPT.

2. For PFOS, an MCL of 4.0 PPT.

3. PFHxS, an MCL of 10 PPT.

4. For PFNA, an MCL of 10 PPT.

5. For HFPO-DA, commonly known as “GenX chemicals,” an MCL of 10 PPT.

6. For mixtures containing 2 or more of PFHxS, PFNA, HFPO-DA, or PFBS, a hazard index MCL of 1.

b. If the United States Environmental Protection Agency (“EPA”) establishes an MCL that is lower than the MCL for a substance under paragraph (3)a. of this section, the MCL established by the EPA for that substance is the MCL for this chapter.

(4)“Perfluoroalkyl and polyfluoroalkyl substances” or “PFAS” means per- and polyfluoroalkyl chemicals, substances, or compounds, which are substances with at least 1 per-fluorinated methyl group (-CF3) or 1 per-fluorinated methylene group (-CF2-), including parents, salts, and anionic forms. For purposes of this chapter, PFAS includes only those PFAS with an established legally-enforceable “MCL,” as defined under of this section.

(5)“PPT” means parts per trillion.

(6)“Public drinking water system” means as defined in § 6002 of Title 7.