HB 271  - AS INTRODUCED
HOUSE BILL 271
SPONSORS: Rep. Rung, Hills. 21; Rep. Weston, Graf. 8
COMMITTEE: Resources, Recreation and Development
This bill directs the department of environmental services to set maximum contaminant limits for per and polyfluoroalkyl substances (PFAS).
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
Be it Enacted by the Senate and House of Representatives in General Court convened:
Per and Polyfluoroalkyl Substances
485:16-e  [Perfluorochemicals] Per and Polyfluoroalkyl Substances.
I.  The maximum contaminant levels for the following shall be:
(a)  Perfluorooctanoic acid (PFOA): 12 parts per trillion.
(b)  Perfluoroctanesulfonic acid (PFOS): 15 parts per trillion.
(c)  Perfluorohexanesulfonic acid (PFHxS): 18 parts per trillion.
(d)  Perfluorononanoic acid (PFNA): 11 parts per trillion.
II.  By November 1, 2020, and at least annually thereafter, the commissioner of the department of environmental services shall report to the speaker of the house of representatives and the president of the senate, the chairperson of the house committee on science, technology, and energy, the chairperson of the senate committee on energy and natural resources, the chairperson of the joint legislative committee on administrative rules, and the governor, with a recommendation regarding the adjustment of the maximum contaminant levels set in paragraph I.
III.  The commissioner of the department of environmental services may adopt maximum contaminant levels different than those set forth in paragraph I if, accounting for an adequate margin of safety to protect human health at all life stages, including but not limited to prenatal development, the commissioner determines the maximum contaminant levels in paragraph I need adjustment for the protection of human health.
125-C:10-e  Requirements for Air Emissions of [Perfluorinated Compounds] Per and Polyfluoroalkyl Substances Impacting Soil and Water.
I.  For the purposes of this section:
(a)  "Best available control technology" means "best available control technology" as defined in RSA 125-C:10-b, I(a).
(b)  "Ambient groundwater quality standard" means "ambient groundwater quality standard" as defined in RSA 485-C:2, I.
(c)  "Surface water quality standard" means "surface water quality standard" established in or pursuant to RSA 485-A.
(d)  ["Perfluorinated compounds" or "PFCs" means the list of compounds identified in paragraph 1.1 of Environmental Protection Agency Document #: EPA/600/R-08/092 Method 537.  "Determination of Selected Perfluorinated Alkyl Acids in Drinking Water by Solid Phase Extraction and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS)", Version 1.1 (September 2009).]  "PFAS" means per and polyfluoroalkyl substances.
(e)  "Precursor" means any substance that has been shown by sound science to be transformed into a [PFC] PFAS under ambient conditions reasonably expected to occur in New Hampshire.
II.  A device that emits to the air any [PFCs] PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such [PFCs] PFAS or precursors from the air, shall be subject to the determination and application of best available control technology.  Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit.  Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit.  Operation of the source may continue through the permitting, construction, and installation time period.  A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.
III.  The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any [PFCs] PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.
IV.  Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions.  Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.
V.  Any determination of best available control technology under this section shall be subject to the following:
(a)  In no event shall application of best available control technology result in:
(1)  Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter.
(2)  Emission of any air contaminant subject to this section in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar technology.
(3)  Emission of any air contaminant subject to this section which causes or contributes to or has the potential to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard, as a result of the deposition of the contaminant from the air.
(b)  If the department determines that the facility has more than one device that emits air contaminants subject to this section, the department shall determine best available control technology emission limitations for each such device.
VI.  This section shall only pertain to [PFCs] PFAS for which at least one study has been conducted in accordance with generally accepted scientific principles that demonstrates that the [PFC] PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such [PFC] PFAS.  The implementation of this section shall only rely upon standards that are based on federal maximum contaminant levels, health advisories, provisional health advisories, standards that are derived from federally published toxicological data, or more restrictive New Hampshire state standards.