SB287: (New Title) setting the maximum contaminant levels for certain perfluorochemicals in drinking water.

SB 287-FN - AS AMENDED BY THE SENATE

02/13/2020 0079s

2019 SESSION

19-1109

08/05

SENATE BILL 287-FN

AN ACT setting the maximum contaminant levels for certain perfluorochemicals in drinking water.

SPONSORS: Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Cavanaugh, Dist 16; Sen. Feltes, Dist 15; Sen. Hennessey, Dist 5; Sen. Chandley, Dist 11; Rep. Cushing, Rock. 21; Rep. Le, Rock. 31; Rep. Malloy, Rock. 23; Rep. Bushway, Rock. 21; Rep. Murphy, Hills. 21

COMMITTEE: Energy and Natural Resources

AMENDED ANALYSIS

This bill sets maximum contaminant limits for perfluorochemicals in drinking water.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/13/2020 0079s 19-1109

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT setting the maximum contaminant levels for certain perfluorochemicals in drinking water.

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

1 Perfluorochemicals; Drinking Water. RSA 485:16-e is repealed and reenacted to read as follows:

485:16-e Perfluorochemicals.

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 pre-natal development, the commissioner determines the maximum contaminant levels in paragraph I need adjustment for the protection of human health.

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

LBAO

19-1109

Amended 2/24/20

SB 287-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-0079s)

AN ACT setting the maximum contaminant levels for certain perfluorochemicals in drinking water.

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

Estimated Increase / (Decrease)

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[ X ] General [ ] Education [ ] Highway [ ] Other

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LOCAL:

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METHODOLOGY:

This bill sets maximum contaminant limits (MCLs) for four perfluorochemicals (PFAS) in drinking water. The bill requires the Department of Environmental Services to report annually to various legislative committees if the MCLs should change in order to protect human health. The MCLs in the bill are the same as the levels the Department determined to be protective of human health in June 2019. Current laws and administrative rules require all community and non-community, non-transient public water systems to routinely test for, and comply with the MCLs. In addition, establishing an MCL in statute creates an equivalent Ambient Groundwater Quality Standard (AGQS) which is the basis for waste site remediation of groundwater and for permits to discharge certain wastewater onto or into the ground. The Department assumes the entities required to comply with these MCLs (non-transient public water systems) and AGQSs (groundwater permit holders and owners of contaminated properties) have not all sampled for the four PFAS compounds. Accordingly, it is impossible to determine what the actual costs will be to state, county and local entities. While sampling of public water systems has not been completed, the Department can provide a range of potential costs for public water system treatment. These estimates were developed to accompany the recent MCL rulemaking for these compounds. That methodology assumed 9% of sources of public water would need to be treated, estimated an associated water volume and then looked at a range of potential costs using data available from systems that are currently treating. The result was a cost estimate for initial water treatment ranging from $65 million to $142.8 million, and ongoing annual operating and maintenance costs ranging from $6.9 million to $13.4 million. The Department believes that is a conservative (or high) estimate because it assumed all systems would use treatment versus blending or abandoning wells with high levels of these PFAS. Additional sampling since the Fall indicates that the occurrence of contamination may be less than 9%.

In addition, landfills, contaminated sites and groundwater discharge sites must comply with the AGQS. The cost to those sites for compliance is also indeterminable, but the Department has published information on the potential costs for such facilities based on limited sampling. This information is posted on the Department’s Website at:

https://www4.des.state.nh.us/nh-pfas-investigation/wp-content/uploads/Summary-of-Comments-Responses-with-Attachments.pdf

Based on the assumptions and analysis in the report, the following ranges of potential cost were derived:

Type of Facility

Initial Corrective Action Costs

Annual Operating Costs

Active Hazardous Waste Sites

$2.3 to $4 .4 million

$980k to $1.8 million

Municipal Landfills

$935k to $1.75 million

$465k to $770k

Groundwater Discharge Permit Sites

$5 million

$849k to $1.6 million

AGENCIES CONTACTED:

Department of Environmental Services