Bill
S 661
MassDEP must establish a Massachusetts MCL for NDMA in public drinking water and treat any exceedance as a violation, with annual reporting.
Note on document inconsistencies
- The title and some metadata provided at the top of your request (referring to disability insurance/gender-based premiums and to other sponsors) conflict with the actual bill text included. This summary is based on the official bill text filed as Senate No. 661 (presented by Senator Bruce E. Tarr, filed 1/9/2025), which concerns setting regulatory levels for n‑Nitrosodimethylamine (NDMA) in drinking water. Where the bill text uses the phrase “maximum containment level,” this summary treats that as an apparent reference to a “maximum contaminant level (MCL).”
Purpose and intent
- Require the Massachusetts Department of Environmental Protection (MassDEP) to establish a state maximum contaminant level (MCL) for n‑Nitrosodimethylamine (NDMA) in public drinking water and to treat exceedances of that level as violations of existing drinking-water regulations. The intent is to protect public health by ensuring a regulatory threshold and enforcement mechanism for NDMA in Commonwealth drinking water supplies.
Key provisions
- Statutory amendment: Inserts new language into Section 7 of Chapter 21A of the General Laws directing MassDEP actions regarding NDMA.
- Standard-setting: MassDEP must review drinking‑water chemistry guidance and promulgate a Massachusetts maximum contaminant level for NDMA — i.e., the maximum safe amount of NDMA that may be present without negatively affecting human health.
- Reporting and notification:
- When MassDEP receives reports of NDMA levels above the Massachusetts MCL, it must forward those reports to the Clerks of the House and Senate.
- MassDEP must provide an annual report to the Clerks of the House and Senate summarizing the total number of drinking-water tests conducted statewide and how many exceeded the Massachusetts MCL for NDMA.
- Enforcement: Any NDMA measurement above the Massachusetts MCL shall be treated as a violation of the MassDEP Drinking Water regulation 310 CMR 22.00. MassDEP is directed to exercise its enforcement authority under 310 CMR 22.01(2) as it deems appropriate to enforce the new NDMA standard.
Who would be affected
- MassDEP: required to conduct review, promulgate an MCL, provide notifications, and enforce the standard.
- Public water suppliers and municipal systems: would be subject to new monitoring/reporting obligations, potential violations, and corrective actions if NDMA levels exceed the new state MCL.
- Laboratories and testing entities: increased testing demand and reporting related to NDMA.
- Consumers and public-health stakeholders: potential benefits from clarified protections against NDMA, which is regarded as a probable human carcinogen.
- Legislature: receives annual summary data and immediate notice of exceedances.
Procedural and timeline aspects
- The bill mandates rulemaking/promulgation by MassDEP but does not specify a deadline for establishing the MCL; therefore, timing will depend on the agency’s rulemaking schedule and procedural requirements.
- Exceedances are to be treated under existing 310 CMR 22.00 enforcement processes; the bill references MassDEP’s enforcement authority at 310 CMR 22.01(2).
- The bill requires ongoing annual reporting to the Clerks of the House and Senate.
Potential impacts and considerations
- Public health: establishing an MCL for NDMA could reduce exposures to a compound linked to cancer risk.
- Costs: utilities may incur costs for more frequent NDMA testing, treatment upgrades (e.g., advanced oxidation, adsorption), and compliance actions if an MCL is set low enough to require treatment.
- Regulatory process: actual protections and timelines depend on how MassDEP sets the MCL (value chosen), the timing of rulemaking, and implementation guidance.
- Clarifications recommended: correction of the phrase “maximum containment level” to “maximum contaminant level,” and specification of a statutory deadline for MassDEP to promulgate the MCL would reduce implementation uncertainty.
Sponsor and status (from bill filing)
- Presented by: Senator Bruce E. Tarr (Senate Docket No. 170), filed 1/9/2025.
- Referred to: Environment and Natural Resources (per the bill text filing). Legislative action history provided in your materials contains conflicting entries; verify with the official legislative docket for current status.
Compiled from official sources — confirm details with the bill’s official record.
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