Revision: April 4, 2017, 8:16 a.m.
HB 463-FN - AS AMENDED BY THE HOUSE
23Mar2017... 0875h
2017 SESSION
17-0553
08/10
HOUSE BILL 463-FN
AN ACT regulating groundwater pollution caused by polluting emissions in the air.
SPONSORS: Rep. Byron, Hills. 20; Rep. Lascelles, Hills. 20; Rep. Azarian, Rock. 8; Rep. Suzanne Smith, Graf. 8; Rep. Backus, Hills. 19; Sen. Soucy, Dist 18
COMMITTEE: Resources, Recreation and Development
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I. Allows the department of environmental services to make rules regarding air pollution and the deposit of such pollutants on soils and water.
II. Regulates devices emitting or having the potential to emit air pollutants that may harm soil and water through the deposit of such pollutants.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Mar2017... 0875h 17-0553
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT regulating groundwater pollution caused by polluting emissions in the air.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Rulemaking; Air Pollution Impacts on Soil and Water. Amend RSA 125-C:4, I by inserting after subparagraph (s) the following new subparagraph:
(t) The determination of air contaminants subject to regulation, applicability thresholds, determination of best available control technology, and procedures to determine potential impacts of the deposit of such contaminants from the air on soils and water resources to implement RSA 125-C:10-e.
2 New Section; Requirements for Air Pollutant Emitters Impacting Soil and Water. Amend RSA 125-C by inserting after section 10-d the following new section:
125-C:10-e Requirements for Air Contaminant Emitters 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); and
(b) “Ambient groundwater quality standard” means “ambient groundwater quality standards” as defined in RSA 485-C:2, I.
II. A device that emits an air contaminant that has caused or contributed to an exceedance of an ambient groundwater quality standard or other applicable standard, as a result of the deposition of the contaminant 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 other applicable 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 other applicable standard as a result of the deposition of contaminants 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 other applicable 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 such air contaminants, the department shall determine best available control technology emission limitations for each such device.
VI. This section shall only pertain to contaminants for which at least one study has been conducted in accordance with generally accepted scientific principles that demonstrates that the contaminant 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 contaminant. 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.
3 Effective Date. This act shall take effect 60 days after its passage.
17-0553
Amended 3/31/17
HB 463-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT 2017-0875h)
AN ACT regulating groundwater pollution caused by polluting emissions in the air.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Air Pollution Control Permit Fee Program Fund and Air Resources Fund | |||
METHODOLOGY:
This bill establishes new standards under Chapter 125-C (Air Pollution Control) for devices emitting air contaminants that cause or contribute to an exceedance of an ambient groundwater quality standard or other applicable standard. The Department of Environmental Services states entities with such devices would have to pay an application fee and an emissions-based permit fee which would increase state restricted revenue. The fee amounts would be established through administrative rules. The Department is unable to estimate how many entities would be impacted. Application fees collected under Chapter 125-C are deposited into the Air Pollution Control Permit Fee Program fund (RSA 125-C:12, IV-d) and permit fees are deposited into the Air Resources fund (RSA 125-C:12, V).
AGENCIES CONTACTED:
Department of Environmental Services