HB 1547-FN - AS AMENDED BY THE SENATE

16Feb2022... 0249h

05/05/2022   1937s

2022 SESSION

22-2208

08/05

HOUSE BILL 1547-FN

AN ACT relative to per fluorinated chemical remediation in soil and procedures for certain hazardous waste generators.

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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AMENDED ANALYSIS

This bill:

I.  Requires the commissioner of the department of environmental services to adopt rules relative to perfluorinated chemical remediation in the soil.

II.  Clarifies language describing certification requirements for certain hazardous waste generators.

III.  Makes an appropriation to the PFAS remediation loan fund.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16Feb2022... 0249h

05/05/2022   1937s 22-2208

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to per fluorinated chemical remediation in soil and procedures for certain hazardous waste generators.

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

1  New Section; PFAS; Soil Remediation Standards.  Amend RSA 485-H by inserting after section 12 the following new section:

485-H:13  PFAS Rulemaking and Soil Remediation Standards.  By November 1, 2023, the commissioner shall initiate rulemaking in accordance with RSA 541-A to adopt rules specific to the application of RSA 485, RSA 485-C, RSA 147-A, and RSA 147-B to PFAS contamination and may update such rules thereafter.  Such rules shall include soil remediation standards for perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).  Such rules may include a requirement for testing for PFAS other than those for which the state currently has an AGQS.

2  Rulemaking; Soil Remediation.  Amend RSA 485-C:4, VIII to read as follows:

VIII.  Criteria and procedures for the investigation, management, and remediation of contaminated groundwater. [, including] Such rules shall include:

(a)  The creation of regulated zones of contaminated groundwater and the issuance of permits or similar procedures for the remediation of such zones.

(b)  The establishment of soil remediation standards for protection of groundwater quality and human health.

(c)  With respect to contamination in excess of an AGQS, a requirement that a person who is liable for or has otherwise caused or contributed to such contamination provide safe alternate water to any impacted well owner.

3  Hazardous Waste; Self-Certification.  Amend RSA 147-A:3, XXVII to read as follows:

XXVII.  Procedures and criteria for administration of a [small quantity] hazardous waste generator self-certification program and associated fees pursuant to RSA 147-A:5, IV.

4  Terms and Conditions of Operator Permits.  Amend the section heading of RSA 147-A:5 to read as follows:

147-A:5  Terms and Conditions of Operator Permits; Facility Personnel; Certified Hazardous Waste Coordinator Program; [Small Quantity] Hazardous Waste Generator Self-Certification Program.

5  Certified Hazardous Waste Coordinator Program.  Amend RSA 147-A:5, IV to read as follows:

IV.(a)  Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the [small quantity] applicable hazardous waste generator rules.  The declaration shall be on a form provided by the department.

(b)  Each [small quantity] hazardous waste generator that generates less than 220 pounds/100 kilograms of hazardous waste per month shall pay non-refundable fees at a rate of $60 per year for the period of January 1, 2004 to June 30, 2007, and at a rate of $90 per year beginning July 1, 2007, to cover department expenses for conducting the self-certification program and hiring of program staff.  Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).

(c)  If the self-certification fee is not paid within 60 days of the due date, interest shall be assessed at a rate established by the commissioner, and shall be deposited into the cleanup fund.  The commissioner may waive all or any portion of interest for good cause.

(d)  Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.

(e)  [Small quantity] Hazardous waste generators that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this paragraph.

6  Initial Notification Fee.  Amend RSA 147-A:6-a, III to read as follows:

III.  [Small quantity] Hazardous waste generators that generate less than 220 pounds/100 kilograms of hazardous waste per month and that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this notification fee.

7  Purposes and Use of Hazardous Waste Cleanup Fund.  Amend RSA 147-B:6, I-g to read as follows:

I-g.  Fees collected pursuant to RSA 147-A:5, IV (c) and RSA 147-A:6-a shall be deposited in the hazardous waste cleanup fund established in RSA 147-B:3 and shall be accounted for separately and used to manage the [small quantity] hazardous waste generator self-certification program, provide technical training and assistance to hazardous waste generators, hire personnel, and pay administrative costs.

8  PFAS Remediation Loan Fund; Grants.  Amend RSA 485-H:11, I to read as follows:

I.  The department, to the limit of the funds appropriated to the department for this purpose through the actions of the fiscal committee established under RSA 14:30-a or by the general court, shall provide grants to entities meeting the eligibility requirements of RSA 485-H:3 and RSA 485-H:4 for up to the greater of $1,500,000 or 30 percent of the total eligible cost of the project or as provided for in rebate programs established by the department under RSA 485-H:3, II.

9  New Paragraph; Implementation of Drinking Water Protection Program.  Amend RSA 485-H:3 by inserting after paragraph II the following new paragraph:

II-a.  The department may establish rebate programs to assist impacted private well users with water treatment or connection to public water systems.

10  Appropriation; PFAS Remediation Loan Fund.  The sum of $25,000,000 for the fiscal year ending June 30, 2022 is hereby appropriated to the PFAS remediation loan fund established under RSA 485-H:10 to fund grants and reimbursements in accordance with RSA 485-H:11.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

11  Effective Date.

I.  Section 10 of this act shall take effect June 30, 2022.

II.  The remainder of this act shall take effect upon its passage.

LBA

22-2208

Amended 3/11/22

HB 1547-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-0249h)

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

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

METHODOLOGY:

Sections 1 and 2 of this bill requires the Department of Environmental Services initiate rulemaking by November 1, 2023, specific to the application of New Hampshire’s drinking water, groundwater, and hazardous waste statutes to the regulation of PFAS, including establishment of soil standards for the four PFAS compounds that are currently regulated in groundwater and drinking water. The Department anticipates this requirement would be met with existing staff and would have no impact on state expenditures.  The Department assumes PFAS-specific rules implemented in the future will not increase the responsibilities of local and county governments that are currently responsible for PFAS-contaminated sites, and that such rules may provide regulatory relief for these entities. To this extent, local and county governments may see an indeterminable decrease in expenditures relative to regulatory costs. The Department states sections 3 through 7 of this bill will have no impact on state, county, and local revenue or expenditures.

AGENCIES CONTACTED:

Department of Environmental Services