HB 271 - AS INTRODUCED
2021 SESSION
21-0087
08/06
HOUSE BILL 271
AN ACT relative to standards for per and polyfluoroalkyl substances (PFAS) in drinking
water and ambient groundwater.
SPONSORS: Rep. Rung, Hills. 21; Rep. Weston, Graf. 8
COMMITTEE: Resources, Recreation and Development
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ANALYSIS
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 271 - AS INTRODUCED
21-0087
08/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to standards for per and polyfluoroalkyl substances (PFAS) in drinking
water and ambient groundwater.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Per and Polyfluorinated Chemicals The subdivision heading prior to RSA 485:16-e is repealed
2 and reenacted to read as follows:
3 Per and Polyfluoroalkyl Substances
4 2 Per and Polyfluoroalkyl Substances. Amend RSA 485:16-e to read as follows:
5 485:16-e [Perfluorochemicals] Per and Polyfluoroalkyl Substances.
6 I. The maximum contaminant levels for the following shall be:
7 (a) Perfluorooctanoic acid (PFOA): 12 parts per trillion.
8 (b) Perfluoroctanesulfonic acid (PFOS): 15 parts per trillion.
9 (c) Perfluorohexanesulfonic acid (PFHxS): 18 parts per trillion.
10 (d) Perfluorononanoic acid (PFNA): 11 parts per trillion.
11 II. By November 1, 2020, and at least annually thereafter, the commissioner of the
12 department of environmental services shall report to the speaker of the house of representatives and
13 the president of the senate, the chairperson of the house committee on science, technology, and
14 energy, the chairperson of the senate committee on energy and natural resources, the chairperson of
15 the joint legislative committee on administrative rules, and the governor, with a recommendation
16 regarding the adjustment of the maximum contaminant levels set in paragraph I.
17 III. The commissioner of the department of environmental services may adopt maximum
18 contaminant levels different than those set forth in paragraph I if, accounting for an adequate
19 margin of safety to protect human health at all life stages, including but not limited to prenatal
20 development, the commissioner determines the maximum contaminant levels in paragraph I need
21 adjustment for the protection of human health.
22 3 Per and Polyfluoroalkyl Substances. Amend RSA 125-C:10-e to read as follows:
23 125-C:10-e Requirements for Air Emissions of [Perfluorinated Compounds] Per and
24 Polyfluoroalkyl Substances Impacting Soil and Water.
25 I. For the purposes of this section:
26 (a) "Best available control technology" means "best available control technology" as
27 defined in RSA 125-C:10-b, I(a).
28 (b) "Ambient groundwater quality standard" means "ambient groundwater quality
29 standard" as defined in RSA 485-C:2, I.
HB 271 - AS INTRODUCED
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1 (c) "Surface water quality standard" means "surface water quality standard" established
2 in or pursuant to RSA 485-A.
3 (d) ["Perfluorinated compounds" or "PFCs" means the list of compounds identified in
4 paragraph 1.1 of Environmental Protection Agency Document #: EPA/600/R-08/092 Method 537.
5 "Determination of Selected Perfluorinated Alkyl Acids in Drinking Water by Solid Phase Extraction
6 and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS)", Version 1.1 (September
7 2009).] "PFAS" means per and polyfluoroalkyl substances.
8 (e) "Precursor" means any substance that has been shown by sound science to be
9 transformed into a [PFC] PFAS under ambient conditions reasonably expected to occur in New
10 Hampshire.
11 II. A device that emits to the air any [PFCs] PFAS or precursors that have caused or
12 contributed to an exceedance of an ambient groundwater quality standard or surface water quality
13 standard as a result of the deposition of any such [PFCs] PFAS or precursors from the air, shall be
14 subject to the determination and application of best available control technology. Within 6 months of
15 the department determining that the device is subject to such control technology, the owner of the
16 device shall submit to the department an application for a permit. Within 12 months of permit
17 issuance, the applicant shall complete construction and installation of controls consistent with the
18 permit. Operation of the source may continue through the permitting, construction, and installation
19 time period. A source which can demonstrate to the department that its device no longer contributes
20 to an exceedance of an ambient groundwater quality standard or surface water quality standard
21 shall be exempt from this section.
22 III. The construction, installation, or modification of any device that has the potential, based
23 on an applicability threshold adopted by the department, to cause or contribute to an exceedance of
24 an ambient groundwater quality standard or surface water quality standard as a result of the
25 deposition of any [PFCs] PFAS or precursors from the air, shall be prohibited without first applying
26 for and obtaining a permit from the department that establishes emission limitations for such device
27 based on best available control technology.
28 IV. Part of the initial application for a permit under this section shall include an analysis of
29 best available control technology for controlling emissions. Any permit issued shall contain
30 inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit
31 are met.
32 V. Any determination of best available control technology under this section shall be subject
33 to the following:
34 (a) In no event shall application of best available control technology result in:
35 (1) Emission of any air contaminant that would exceed the emissions allowed by any
36 applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter.
HB 271 - AS INTRODUCED
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1 (2) Emission of any air contaminant subject to this section in an amount
2 disproportionate to the emissions of such air contaminant from other similar air pollution control
3 devices for that air contaminant at facilities using similar technology.
4 (3) Emission of any air contaminant subject to this section which causes or
5 contributes to or has the potential to cause or contribute to an exceedance of an ambient
6 groundwater quality standard or surface water quality standard, as a result of the deposition of the
7 contaminant from the air.
8 (b) If the department determines that the facility has more than one device that emits
9 air contaminants subject to this section, the department shall determine best available control
10 technology emission limitations for each such device.
11 VI. This section shall only pertain to [PFCs] PFAS for which at least one study has been
12 conducted in accordance with generally accepted scientific principles that demonstrates that the
13 [PFC] PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic,
14 mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such
15 [PFC] PFAS. The implementation of this section shall only rely upon standards that are based on
16 federal maximum contaminant levels, health advisories, provisional health advisories, standards
17 that are derived from federally published toxicological data, or more restrictive New Hampshire
18 state standards.
19 4 Effective Date. This act shall take effect upon its passage.
Statutes affected: Introduced: 485:16-e, 125-C:10-e
latest version: 485:16-e, 125-C:10-e, 485-H:1, 485-H:2, 485-H:5, 485-H:7-10, 485-F:3