As Introduced

134th General Assembly

Regular Session S. B. No. 143

2021-2022

Senator O'Brien

A BILL

To enact section 6109.26 of the Revised Code to require the Director of Environmental Protection to adopt a maximum contaminant level for aluminum in drinking water.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That 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) "Aluminum" means any form of aluminum, aluminum ion, or aluminum compound including, but not limited to, aluminum hydroxide, aluminum sulfate, and aluminum chloride.

(B)(1) The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code establishing a maximum contaminant level for aluminum in drinking water of not more than 0.2 milligrams per liter.

(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 the MCL under this section are 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 effects of aluminum on human health.

(D) Division (F) of section 121.95 of the Revised Code does not apply to rules adopted under this section.