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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 815
2025-2026
Representatives Russo, Rader
Cosponsors: Representatives
Piccolantonio, Brownlee, McNally, Miller, J.
To
amend section 6111.041 and to enact section 6109.26 of the Revised
Code to
require
the Director of Environmental Protection to adopt rules establishing
maximum allowable contaminant levels in drinking water and water
quality standards for certain contaminants.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 6111.041 be amended and section 6109.26 of the Revised Code
be enacted to read as follows:
Sec.
6109.26.
(A)
As used in this section:
(1)
"Maximum contaminant level" and "MCL" mean the
maximum permissible level of contaminant in drinking water delivered
to a user of a public water system.
(2)
"Per- and polyfluoroalkyl substances" and "PFAS"
mean the class of fluorinated organic chemicals containing at least
one fully fluorinated carbon atom that includes perfluorooctanoic
acid and perfluorooctane sulfonic acid.
(B)(1)
The director of environmental protection shall adopt, and may amend
and rescind, rules under Chapter 119. of the Revised Code
establishing a maximum contaminant level for all of the following
drinking water contaminants:
(a)
PFAS. In establishing an MCL for PFAS, the director shall establish
an individual MCL for each of the following:
(i)
Combined total PFAS;
(ii)
Perfluorooctanoic acid;
(iii)
Perfluorooctane sulfonic acid;
(iv)
Any other individual PFAS, as determined necessary by the director.
(b)
Chromium-6;
(c)
1,4 dioxane.
(2)
When adopting rules under this section, the director shall consider
all of the following:
(a)
MCLs established by other states;
(b)
Studies and scientific evidence reviewed by other states;
(c)
Materials produced by the federal agency for toxic substances and
disease registry;
(d)
Recent independent and government agency peer-reviewed scientific
studies.
(3)
The director shall ensure that rules establishing MCLs under this
section are both of the following:
(a)
Protective of public health, including the health of pregnant women,
nursing mothers, infants, and children;
(b)
Not less stringent than an MCL or health advisory established by the
United States environmental protection agency.
(C)
The director shall annually review rules adopted under this section
and shall adopt, amend, or rescind any rules necessary to account for
the most recent peer-reviewed scientific studies addressing the
contaminants listed in division (B)(1) of this section.
(D)
Division (F) of section 121.95 of the Revised Code does not apply to
rules adopted under this section.
Sec.
6111.041.
(A)
As used in this section, "PFAS" has the same meaning as in
section 6109.26 of the Revised Code.
(B)(1)
In
furtherance of sections 6111.01 to 6111.08 of the Revised Code, the
director of environmental protection shall adopt
standards
of
rules
establishing
water
quality
to
be applicable to
standards
for
the
waters of the state.
Such standards shall be adopted pursuant to a schedule established,
and from time to time amended, by the director, to apply to the
various waters of the state, in accordance with Chapter 119. of the
Revised Code. Such standards shall be adopted in accordance with
section 303 of the "Federal Water Pollution Control Act"
and shall be designed to improve
The director shall adopt the rules in accordance with Chapter 119. of
the Revised Code and section 303 of the Federal Water Pollution
Control Act. In adopting the rules, the director shall ensure that
the rules are designed to do both of the following:
(a)
Improve
and
maintain the quality of
such
the
waters
of
the state
for
the purpose of protecting the public health and welfare
,
and to enable
;
(b)
Enable
the
present and planned use of
such
the
waters
of
the state
for
public water supplies, industrial and agricultural needs,
recreational
purposes, and the
propagation
of fish, aquatic life, and wildlife
,
and recreational purposes. Such standards may be amended from time to
time as determined by the director. Prior to
.
(2)
Subject to division (D)(4) of this section, the director shall
establish the standards according to an established schedule,
however, the director may review and amend the standards from time to
time as determined by the director.
(C)
Before
establishing,
amending, or repealing
standards
of
water
quality
standards
under this section,
the
director shall, after due notice, conduct public hearings thereon.
Notice of hearings shall specify the waters to which the standards
relate, and the time, date, and place of hearing.
Standards
of quality for the waters of the state
(D)(1)
In addition to standards established under this section for any other
contaminants, the director shall include in the rules adopted under
this section water quality standards for all of the following
contaminants:
(a)
PFAS. In establishing water quality standards for PFAS, the director
shall establish an individual standard for each of the following:
(i)
Combined total PFAS;
(ii)
Perfluorooctanoic acid;
(iii)
Perfluorooctane sulfonic acid;
(iv)
Any other individual PFAS, as determined necessary by the director.
(b)
Chromium-6;
(c)
1,4 dioxane.
(2)
In adopting water quality standards for the contaminants listed in
division (D)(1) of this section, the director shall consider all of
the following:
(a)
Water quality standards established by other states;
(b)
Studies and scientific evidence reviewed by other states;
(c)
Materials produced by the federal agency for toxic substances and
disease registry;
(d)
Recent independent and government agency peer-reviewed scientific
studies.
(3)
The director shall ensure that the water quality standards
established for contaminants listed in division (D)(1) of this
section are both of the following:
(a)
Protective of public health, including the health of pregnant women,
nursing mothers, infants, and children;
(b)
Not less stringent than any water quality standards established by
the United States environmental protection agency.
(4)
The director shall annually review water quality standards for the
contaminants listed in division (D)(1) of this section and shall
adopt, amend, or rescind them as necessary to account for the most
recent peer-reviewed scientific studies addressing the contaminants.
(E)
Water quality standards established under this section
,
or any amendment or repeal thereof, become effective upon adoption by
the director. The director shall implement the
water
quality
standards
so
established
in
the issuance, revocation, modification, or denial of permits.
(F)
Division (F) of section 121.95 of the Revised Code does not apply to
any rules adopted under this section.
Section
2.
That
existing section 6111.041 of the Revised Code is hereby repealed.