Bill Text - HB463 (2017)

(New Title) regulating groundwater pollution caused by polluting emissions in the air and relative to standards for emerging contaminants in drinking water.


Revision: Jan. 27, 2017, 9:11 a.m.

HB 463-FN - AS INTRODUCED

 

 

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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ANALYSIS

 

This bill:

 

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.

 

This bill is a request of the department of environmental services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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 pollutants subject to regulation, applicability thresholds, determination of best available control technology, and procedures to determine potential impacts of the deposit of such pollutants 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 Pollutant Emitters Impacting Soil and Water.  

I.  For the purposes of this section "best available control technology '' means “best available control technology” as defined in RSA 125-C:10-b, I(a).

II.  Devices that emit air pollutants that have adversely impacted human health or the environment by causing or contributing to, as a result of the deposit of such pollutants from the air, an exceedance of an ambient groundwater quality standard or other applicable standard shall be subject to the determination and application of best available control technology.  An existing source which can demonstrate to the department that its devices no longer contribute to an exceedance of an existing ambient groundwater quality standard or other applicable standard it shall be exempt from this section.

III.  The construction, installation, or modification of any device that has the potential to adversely impact human health or the environment as determined by the department, by causing or contributing to, as a result of the deposit of pollutants from the air, an exceedance of an ambient groundwater quality standard or other applicable standard, including an applicability threshold, adopted by the department 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 for emissions.  As part of the initial application for a permit, the source shall include an analysis of best available control technology for controlling emissions and demonstrate that such standards and certification shall be complied with during facility operation.  The permit shall contain inspection, testing, and reporting requirements to ensure such standards are met.  

IV.  Existing devices in operation that are subject to paragraph II shall be allowed to continue to operate subject to the following schedule:

(a)  Within 6 months of the effective date of this section, facilities with existing devices shall submit to the department an application for a permit which includes an analysis of best available control technology for controlling emissions.

(b)  Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the department’s determination of best available control technology for controlling emissions.

V.  Any determination of best available control technology by the department pursuant to paragraph III or IV, 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 pollutant specified in paragraph II in an amount disproportionate to the emissions of such air pollutant from other similar air pollution control devices for that air contaminant at facilities using similar technology.

(3)  Adverse impacts to human health or the environment or the potential to adversely impact human health or the environment as determined by the department by causing or contributing to, as a result of the deposit of pollutants from the air, an exceedance of an ambient groundwater quality standard or other applicable standard, including an applicability threshold adopted by the department.

(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.

3  Effective Date.  This act shall take effect 60 days after its passage

 

LBAO

17-0553

1/10/17

 

HB 463-FN- FISCAL NOTE

as introduced

 

AN ACT regulating groundwater pollution caused by polluting emissions in the air.

 

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

 

 

 

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

 

 

 

 

 

METHODOLOGY:

This bill establishes new standards under Chapter 125-C (Air Pollution Control) for devices emitting air pollutants that have the potential to harm soil and water.  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 enitities 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