Revision: April 12, 2018, 3:17 p.m.
SB 309-FN - AS AMENDED BY THE HOUSE
03/08/2018 0973s
12Apr2018... 1310h
2018 SESSION
18-2838
08/10
SENATE BILL 309-FN
AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.
SPONSORS: Sen. Innis, Dist 24; Sen. Bradley, Dist 3; Sen. Avard, Dist 12; Sen. Fuller Clark, Dist 21; Sen. Gannon, Dist 23; Sen. Ward, Dist 8; Sen. Carson, Dist 14; Sen. Birdsell, Dist 19; Sen. Feltes, Dist 15; Rep. Messmer, Rock. 24; Rep. H. Marsh, Rock. 22; Rep. Emerick, Rock. 21; Rep. Bean, Rock. 21; Rep. Murray, Rock. 24
COMMITTEE: Energy and Natural Resources
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AMENDED ANALYSIS
I. Directs the department to evaluate the ambient ground water quality standards for perfluorooctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS) and set ambient groundwater quality standards for perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).
II. Establishes the criteria for setting maximum contaminant limits for public drinking water and directs the department to set maximum contaminant limits for perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).
III. Establishes a toxicologist position and a human health risk assessor position in the department of environmental services and makes an appropriation to fund the positions.
IV. Requires the commissioner of environmental services to develop a plan for establishing surface water quality standards for perfluorooctanesulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS) in class A and class B waters.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/08/2018 0973s
12Apr2018... 1310h 18-2838
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subparagraph; Statement of Purpose. Amend RSA 485:1, II by inserting after paragraph (h) the following new subparagraph:
(i) Adopt primary drinking water standards by establishing maximum contaminant limits or treatment techniques.
2 Drinking Water Rules. Amend RSA 485:3, I(b) to read as follows:
(b) After consideration of the extent to which the contaminant is found in New Hampshire, the ability to detect the contaminant in public water systems, the ability to remove the contaminant from drinking water, and the costs to government entities that will result from establishing the standard, a specification for each contaminant of either:
(1) A maximum contaminant level that is acceptable in water for human consumption[, if it is feasible to ascertain the level of such contaminant in water in public water systems]; or
(2) One or more treatment techniques or methods which lead to a reduction of the level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the level of such contaminant in water in the public water system; and
3 New Subdivision; Perfluorochemicals. Amend 485 by inserting after section 16-d the following new subdivision:
Perfluorochemicals
485:16-e Perfluorochemicals. By January 1, 2019, the commissioner shall, in consultation with the commissioner of the department of health and human services and other interested parties, initiate rulemaking in accordance with RSA 541-A to adopt a maximum contaminant limit for perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).
4 Ambient Groundwater Quality Standards. Amend RSA 485-C:6 to read as follows:
485-C:6 Ambient Groundwater Quality Standards.
I. The commissioner shall establish and adopt ambient groundwater quality standards for regulated contaminants which adversely affect human health or the environment. Ambient groundwater standards shall apply to all regulated contaminants which result from human operations or activities, but do not apply to naturally occurring contaminants. Where state maximum contaminant levels have been adopted under RSA 485:3, I(b), ambient groundwater quality standards shall be equivalent to such standards. Where federal maximum contaminant level or health advisories have been promulgated under the Federal Safe Drinking Water Act or rules relevant to such act, ambient groundwater quality standards shall be [equivalent to] no less stringent than such standards. The commissioner may adopt standards more stringent than federal maximum contaminant levels or health advisories 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 federal standards are insufficient for protection of human health. Where such standards are established based upon health advisories that address cancer risks, the ambient groundwater quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or health advisory has been issued, the commissioner may adopt ambient groundwater quality standards on a basis which provides for an adequate margin of safety to protect human health and safety.
II. Health advisories that are adopted as ambient groundwater quality standards shall be reviewed by the department at least every 5 years to determine if new research warrants revising the current ambient groundwater quality standard. If the department finds a revision is necessary it shall conduct rulemaking to adopt the revised standard.
III. Ambient groundwater quality standards shall be the water quality basis for issuance of groundwater discharge permits under RSA 485-A: 13.
[ III.] IV. Except for discharges of domestic wastewater regulated under RSA 485-A:13 and RSA 485-A:29, no person shall violate ambient groundwater quality standards.
V. By January 1, 2019, the commissioner shall, in consultation with the commissioner of the department of health and human services and interested parties, initiate rulemaking to adopt ambient groundwater quality standards for perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS).
VI. By January 1, 2019, the commissioner shall, in consultation with the commissioner of the department of health and human services and interested parties, conduct a review to determine whether current research warrants revising the existing ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS).
5 Department of Environmental Services; Positions Established; Appropriation. There is established within the department of environmental services one classified toxicologist position and one classified human health risk assessor for the purposes of monitoring groundwater under RSA 485-C. The sum necessary to pay the salary, benefits, and other costs related to the positions established in this section is hereby appropriated to the department of environmental services for the biennium ending June 30, 2019. This appropriation shall be in addition to any other appropriations made to the department in the biennium. The governor is authorized to draw a warrant for said sum out of any money in treasury not otherwise appropriated.
6 Department of Environmental Services; Surface Water Quality Standards. The commissioner of environmental services shall, in consultation with stakeholders, develop a plan, including a schedule and cost estimates, to establish surface water quality standards for perfluorooctanesulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS) in class A and class B waters for all designated uses. The commissioner shall submit the plan upon its completion, but no later than January 1, 2020, to the house resources, recreation, and development committee and the senate energy and natural resources committee.
7 Effective Date. This act shall take effect upon its passage.
18-2838
Amended 3/13/18
SB 309-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0973s)
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill requires the commissioner of the Department of Environmental Services to adopt a state drinking water standard relative to perfluorochemicals (PFCs); establish ambient groundwater quality standards relative to PFCs; and establish surface water quality standards relative to PFCs.
Regarding section 1 of the bill, the Department of Environmental Services indicates there are approximately 4,200 active sources of water for public water systems that will need to be sampled routinely if a Maximum Contaminant Level (MCL) is adopted. The frequency of sampling would be increased or decreased based on previous monitoring results from a given source. Laboratory costs for perfluorinated compounds ranges from $180 to $400 per sample. Therefore a single round of sampling for locals, counties and other entities that own or operate public water systems would range from $756,000 to $1,680,000 or higher depending on how low the standard is set. The impact on expenditures cannot be determined because the frequency of sampling and the number of water sources exceeding the MCL cannot be determined in advance. The cost to the Department associated with administering compliance are indeterminable for the same reasons.
Regarding section 2, the Department would need to independently review available research and analyze whether that research warrants revision of ambient groundwater quality standards (AGQS) on an annual basis for perfluorooctanesulfate (PFOS) and perfluorooctanic acid (PFOA). The Department assumes an additional Toxicologist IV, labor grade 29, step 4 position would be necessary, starting on July 1, 2018 with the following estimated costs:
| FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Salary | $66,905 | $69,791 | $69,791 | $72,911 |
Benefits | $31,484 | $33,289 | $34,614 | $36,573 |
Total Salary & Benefits: | $98,389 | $103,080 | $104,405 | $109,484 |
Other Expenses: |
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Current Expenses | $5,200 | $5,200 | $5,200 | $5,200 |
Equipment | $3,926 | $500 | $500 | $500 |
Office Space | $3,693 | $3,806 | $3,880 | $3,960 |
Travel | $4,500 | $2,750 | $2,750 | $2,750 |
DoIT Charges, Training and Telecommunications | $9,112 | $2,064 | $2,064 | $2,064 |
Total Other Expenses: | $26,431 | $14,320 | $14,394 | $14,474 |
Total: | $124,820 | $117,400 | $118,799 | $123,958 |
In addition, a potential reduction in the current AGQS for PFOA and PFOS may result in additional indeterminable costs to local and county government entities that hold groundwater discharge or management permits such as those associated with landfills.
Regarding section 3, in order to establish surface water quality standards for PFCs, the Department would need funds to hire a contractor, experienced in PFCs and the EPA's methodologies for developing aquatic life and human health surface water quality criteria. The contractor would review existing literature, including criteria and assumptions used in other states, and develop a report with defensible aquatic life and human health surface water criteria and supporting documentation consistent with EPA methodologies. To accomplish this the Department estimates the cost would exceed $100,000. For surface water quality standards, the cost to the municipalities could be significant, but indeterminable. Many municipalities operate waste water treatment facilities that discharge treated water to local groundwater or surface waters. Should those surface waters fail to meet surface water quality standards, treatment technologies or industrial pretreatment programs, may need to be developed. For larger facilities, the expense of that treatment could be millions of dollars. In addition, some municipalities have firefighting or fire training facilities which have the potential to cause surface water impairments, the remediation cost for these facilities could be high. For counties, the cost is likely to be lower unless contamination is found to originate from a county facility.
The total costs to the Department and other entities are indeterminable, however at least one general funded position and funds for a contractor would be necessary as outlined above. In addition, potential costs to local and county governments for treatment, mitigation, and remediation in order to comply with a new MCL, ambient groundwater standard, and surface water quality standard could be significant, but are also indeterminable.
AGENCIES CONTACTED:
Department of Environmental Services