HB 1547-FN - AS INTRODUCED

2022 SESSION

22-2208

08/05

HOUSE BILL 1547-FN

AN ACT setting maximum contaminant levels for perfluorochemicals in the soil.

SPONSORS: Rep. Mooney, Hills. 21; Rep. Healey, Hills. 21; Rep. Rung, Hills. 21; Rep. Notter, Hills. 21

COMMITTEE: Environment and Agriculture

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ANALYSIS

This bill sets maximum contaminant levels for perfluorochemcials in soil and requires the department of environmental services to report to the general court annually on such levels.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2208

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT setting maximum contaminant levels for perfluorochemicals in the soil.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  New Section; Perfluorochemicals; Maximum Contaminant Levels in Soil.  Amend RSA 486 by inserting after section 16-e the following new section:

485:16-f  Perfluorochemicals; Maximum Contaminant Levels in Soil.

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, 2022, 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 pre-natal development, the commissioner determines the maximum contaminant levels in paragraph I need adjustment for the protection of human health and the protection of groundwater underlying soil contaminated by the percolation of precipitation through the PFAS contaminated soil.

2  Effective Date.  This act shall take effect upon its passage.

LBA

22-2208

Redraft 12/7/21

HB 1547-FN- FISCAL NOTE

AS INTRODUCED

AN ACT setting maximum contaminant levels for perfluorochemicals in the soil.

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] Local              [    ] None

METHODOLOGY:

This bill establishes maximum contaminant levels (MCLs) for perfluorochemicals (PFAS) in soil, at concentrations set forth in the bill. The bill would also require the Department of Environmental Services to review the levels annually with regard to protection of human health and submit recommended changes to the governor and legislative leadership. The bill allows the Department to adopt different MCLs that account for an adequate margin of safety to protect human health at all stages of life and to protect groundwater from leaching of PFAS. Doing so, the Department states, requires scientific study and evaluation that the Department performs with existing staff and with contractors (staff and contract work related to such analysis currently exists). The Department makes the additional following assumptions relative to this bill:

• Based on soil data reviewed to-date, most shallow soil (0 to 6 inches below the ground surface) in the state will exceed the MCLs in section 1 of the bill, which would require significant additional Department staffing to implement and enforce these standards. Costs to clean up soil to levels meeting these standards would fall on property owners, including municipalities, counties, and the state.

• Based on data reviewed to-date, most biosolids (and many other organic residuals) generated in the state will exceed the standards proposed in section 1 of the bill. Land application or other beneficial uses will no longer be management options for these materials, and the Department estimates approximately 40% of the biosolids generated annually will require alternate management options. At present, alternate management options may be logistically infeasible for the volume of biosolids that are generated on a continuous basis at wastewater treatment plants around the state. Costs to manage excess biosolids that can no longer be beneficially used would fall on property owners, village districts, municipalities, counties, and the state.

As the Department is currently engaged in staff and contract work to support establishment of PFAS soil remediation standards and has existing systems in place for review of such standards, it is not anticipating the need for additional personnel to implement those provisions of this bill. However, the Department states based on anticipated widespread violations of the exceedingly low soil standards that would be established by this bill, the additional funds necessary to implement and enforce those standards and oversee remedial efforts are expected to be significant, and indeterminable at this time.  Further, local, county, and state-owned lands would have a significant volume of soil that exceeds the proposed standards. As such, the government entities would incur costs to address and manage the soil (and biosolids) exceeding the standards established by section 1 of the bill. The costs incurred by these entities are indeterminable, but expected to be significant.  

AGENCIES CONTACTED:

Department of Environmental Services