Bill Text - HB1101 (2018)

(New Title) regulating groundwater pollution caused by polluting emissions in the air and relative to standards for perfluorochemicals in drinking water, ambient groundwater and surface water.


Revision: Nov. 16, 2017, 11:44 a.m.

HB 1101-FN - AS INTRODUCED

 

 

2018 SESSION

18-2001

08/03

 

HOUSE BILL 1101-FN

 

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

 

SPONSORS: Rep. Hinch, Hills. 21; Rep. J. Graham, Hills. 7; Rep. T. Wolf, Hills. 7; Rep. Byron, Hills. 20; Rep. Barry, Hills. 21; Rep. Christensen, Hills. 21; Rep. Danielson, Hills. 7; Rep. Abrami, Rock. 19; Rep. Emerick, Rock. 21; Rep. L'Heureux, Hills. 21; Sen. Bradley, Dist 3; Sen. Innis, Dist 24; Sen. Daniels, Dist 11; Sen. Giuda, Dist 2; Sen. Morse, Dist 22

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18-2001

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

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 or water resources to implement RSA 125-C:10-e.

2  New Section; Requirements for Air Emissions of Perflourinated Compounds 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 Emissions of Perfluorinated Compounds 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).

(b)  “Ambient groundwater quality standard” means “ambient groundwater quality standard” as defined in RSA 485-C:2, I.

(c)  “Surface water quality standard” means “surface water quality standard” established in or pursuant to RSA 485-A.

(d)  “Perfluorinated Compounds" or "PFCs” means a chemical family as identified in the Code of Federal Regulations, 40 C.F.R. section 141.40(a)(3).

II.(a)  A device shall be subject to the determination and application of best available control technology for any PFCs, for which the department has adopted an ambient groundwater quality standard or surface water quality standard, it emits that, as a result of the deposit of such pollutants from the air:

(1)  Adversely impacts human health or the environment by causing or contributing to an exceedance of an ambient groundwater quality standard or a surface water quality standard; or

(2)  Has been shown by sound science to be a precursor to a pollutant described in subparagraph (a)(1), that would be created under ambient conditions reasonably expected to occur in New Hampshire.

(b)  The owner of an existing device which can demonstrate to the department that its emissions do not cause or contribute to an exceedance of an ambient groundwater quality standard or a surface water quality standard for a particular pollutant shall be exempt from the requirement in this section to apply best available control technology for that pollutant.

III.(a)  No person shall construct, install, or modify any device described in subparagraph II(a) 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.  

(b)  As part of the initial application for a permit, the applicant shall provide an analysis of best available control technology for controlling emissions and demonstrate that such standards and certification shall be complied with during facility operation.  Any permit issued by the department shall contain inspection, testing, recordkeeping, and reporting requirements to ensure such standards are met.

IV.  Existing devices in operation that do not qualify for the exemption established in subparagraph II(b) shall be allowed to continue to operate subject to the following schedule:

(a)  Within 6 months of the latter of the effective date of this section or a department determination that the device is subject to subparagraph II(a), 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 in accordance with the permit.

V.  Any determination of best available control technology by the department pursuant to paragraph III or IV, shall be subject to the following:

(a)   Application of best available control technology shall not result in:

(1)  Emission of any air pollutant 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 described in subparagraph II(a) in an amount disproportionate to the emissions of such air pollutant from other similar air pollution control devices for that air pollutant 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 a surface water quality standard.

(b)  If the department determines that the facility has more than one device that emits such air pollutants, 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

18-2001

11/15/17

 

HB 1101-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 2019

FY 2020

FY 2021

FY 2022

   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 - Restricted Permit Fee Revenue

 

 

 

 

 

METHODOLOGY:

The Department of Environmental Service states this bill would require a limited, but unknown number of facilities to apply for state air permits and pay the associated fees.  The Department would need to adopt new rules and the permitting staff would have to process additional permits, but the Department assumes existing staff would be able to cover the additional work without an increase in expenditures.

 

AGENCIES CONTACTED:

Department of Environmental Services

 

 

HB 1101-FN - AS INTRODUCED

 

 

2018 SESSION

18-2001

08/03

 

HOUSE BILL 1101-FN

 

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

 

SPONSORS: Rep. Hinch, Hills. 21; Rep. J. Graham, Hills. 7; Rep. T. Wolf, Hills. 7; Rep. Byron, Hills. 20; Rep. Barry, Hills. 21; Rep. Christensen, Hills. 21; Rep. Danielson, Hills. 7; Rep. Abrami, Rock. 19; Rep. Emerick, Rock. 21; Rep. L'Heureux, Hills. 21; Sen. Bradley, Dist 3; Sen. Innis, Dist 24; Sen. Daniels, Dist 11; Sen. Giuda, Dist 2; Sen. Morse, Dist 22

 

COMMITTEE: Resources, Recreation and Development

 

-----------------------------------------------------------------

 

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.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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.

18-2001

08/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

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 or water resources to implement RSA 125-C:10-e.

2  New Section; Requirements for Air Emissions of Perflourinated Compounds 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 Emissions of Perfluorinated Compounds 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).

(b)  “Ambient groundwater quality standard” means “ambient groundwater quality standard” as defined in RSA 485-C:2, I.

(c)  “Surface water quality standard” means “surface water quality standard” established in or pursuant to RSA 485-A.

(d)  “Perfluorinated Compounds" or "PFCs” means a chemical family as identified in the Code of Federal Regulations, 40 C.F.R. section 141.40(a)(3).

II.(a)  A device shall be subject to the determination and application of best available control technology for any PFCs, for which the department has adopted an ambient groundwater quality standard or surface water quality standard, it emits that, as a result of the deposit of such pollutants from the air:

(1)  Adversely impacts human health or the environment by causing or contributing to an exceedance of an ambient groundwater quality standard or a surface water quality standard; or

(2)  Has been shown by sound science to be a precursor to a pollutant described in subparagraph (a)(1), that would be created under ambient conditions reasonably expected to occur in New Hampshire.

(b)  The owner of an existing device which can demonstrate to the department that its emissions do not cause or contribute to an exceedance of an ambient groundwater quality standard or a surface water quality standard for a particular pollutant shall be exempt from the requirement in this section to apply best available control technology for that pollutant.

III.(a)  No person shall construct, install, or modify any device described in subparagraph II(a) 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.  

(b)  As part of the initial application for a permit, the applicant shall provide an analysis of best available control technology for controlling emissions and demonstrate that such standards and certification shall be complied with during facility operation.  Any permit issued by the department shall contain inspection, testing, recordkeeping, and reporting requirements to ensure such standards are met.

IV.  Existing devices in operation that do not qualify for the exemption established in subparagraph II(b) shall be allowed to continue to operate subject to the following schedule:

(a)  Within 6 months of the latter of the effective date of this section or a department determination that the device is subject to subparagraph II(a), 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 in accordance with the permit.

V.  Any determination of best available control technology by the department pursuant to paragraph III or IV, shall be subject to the following:

(a)   Application of best available control technology shall not result in:

(1)  Emission of any air pollutant 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 described in subparagraph II(a) in an amount disproportionate to the emissions of such air pollutant from other similar air pollution control devices for that air pollutant 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 a surface water quality standard.

(b)  If the department determines that the facility has more than one device that emits such air pollutants, 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

18-2001

11/15/17

 

HB 1101-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 2019

FY 2020

FY 2021

FY 2022

   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 - Restricted Permit Fee Revenue

 

 

 

 

 

METHODOLOGY:

The Department of Environmental Service states this bill would require a limited, but unknown number of facilities to apply for state air permits and pay the associated fees.  The Department would need to adopt new rules and the permitting staff would have to process additional permits, but the Department assumes existing staff would be able to cover the additional work without an increase in expenditures.

 

AGENCIES CONTACTED:

Department of Environmental Services