(a) If the director of the department of health decides to publish a notice pursuant to the provisions of subsection (b)(1) of this section then on or before February 1, 2024, the director of the department of health shall initiate a public notice and comment process by publishing a copy of the final rules and an advance notice of proposed rulemaking pursuant to § 42-35-2.5 regarding the regulation under the rules and regulations pertaining to public drinking water of per- and polyfluoroalkyl substances (PFAS) as a class or subclasses. (b) On or before September 1, 2024, the director of the department of health shall either: (1) Publish a notice of proposed rulemaking regarding the regulation of PFAS compounds under the rules and regulations pertaining to public drinking water as a class or subclasses; or (2) Publish a notice of decision not to regulate PFAS compounds as a class or subclasses under the rules and regulations pertaining to public drinking water that includes, at a minimum, an identification of all legal, technical, or other impediments to regulating PFAS compounds as a class or subclasses and a detailed response to all public comments received. (c) If the director of the department of health proposes a rule pursuant to subsection (b) of this section, the director of the department of health shall file under § 42-35-4 a final rule with the secretary of state regarding the regulation of PFAS compounds as a class or subclasses under the rules and regulations pertaining to public drinking water on or before June 30, 2025.
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