West Virginia Code § 22-11C-3

Identification of PFAS sources where PFAS has been detected in raw
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water sources for public drinking water systems.
(a) To identify and address sources of PFAS in raw water sources of public drinking water
systems, DEP shall:
(1) Write a PFAS action plan to identify and address sources of PFAS by July 1, 2024, for
each of the 37 raw water sources for which the USGS study has measured PFOA, PFOS,
PFBS, or HFPO-DA above the practical quantitation limit and above USEPA's applicable
drinking water human health advisory;
(2) For each raw water source for which the USGS study has measured PFOA, PFOS, PFBS,
or HFPO-DA above the method detection level, above USEPA's applicable drinking water
human health advisory, and below the practical quantitation limit, DEP shall initiate a study
to sample the finished water of the associated public water system, after treatment, by
December 31, 2023;
(3) For each public water system for which thse measured PFOA, PFOS, PFBS, or HFPO-DA
in the finished water is above the method detection level and above USEPA's applicable
drinking water human health advisory, whiether or not the measured value is above or below
the practical quantitation limit, DEPg shall write a PFAS action plan to identify and address
sources of PFAS for the public water system's raw water source or sources. The first 50 such
plans shall be completed by December 31, 2025, and the remaining plans shall be completed
by December 31, 2026;
(4) For each public water system for which a PFAS action plan is required under this section,
DEP shall provide information to the public water system regarding PFAS raw water and
finished water sampling results, DEP's schedule for developing any required PFAS action
plan, a summary of results from any completed PFAS action plan, information about how to
obtain any completed PFAS action plan, and contact information for an appropriate person
or oWffice at DEP to which questions can be directed. Public water systems are subject to the
Fifth Unregulated Contaminate Monitoring Rule (UCMR), 40 C.F.R. part 141, which are also
subject to the Consumer Confidence Report (CCR) and the Public Notification (PN) rules
under the Safe Drinking Water Act, 42 U.S.C. 300f et seq., as enacted, amended, and as may
be subsequently amended, to which the public water systems are required to notify their
customers of available UCMR results and report UCMR results in their annual Consumer
Confidence Report (CCR) when unregulated contaminants, including PFAS, are detected;
(5) Recommend any necessary changes to West Virginia statutes or administrative rules to
address the sources of PFAS chemicals; and
(6) Report annually on its activities to the Joint Legislative Oversight Commission on State
Water Resources.
(7) In developing PFAS action plans, consult with other applicable units of state government,
organizations representing West Virginia public drinking water systems, West Virginia
public drinking water systems, and other relevant entities with knowledge related to
identifying and addressing PFAS sources.
(b) The PFAS action plans, to the extent that data are available, shall identify the source or
sources of PFAS in the raw water source, and regulatory and non-regulatory options for
addressing each identified source of PFAS and minimizing the impacts on pueblic water
systems.
(c) The PFAS action plans and associated studies herein required do not change the duty or
drinking water standard requirements of public water systems. u

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