Text to be removed highlighted in red.
1 New Section; Rulemaking; Federal Laws. Amend RSA 21-O by inserting after section 12 the following new section:
21-O:12-a Rulemaking; Federal Laws.
I. In this section:
(a) "Baseline federal standards" means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017.
(b) "Commissioner" means the commissioner of the department of environmental services.
(c) "Department" means the department of environmental services.
(d) "Federal environmental law" means any one or more of the following:
(1) The federal Clean Air Act, 42 U.S.C. section 7401 et seq., and any federal regulations issued pursuant to the federal Clean Air Act.
(2) The federal Safe Drinking Water Act, 42 U.S.C. section 300f et seq., and any federal regulations issued pursuant to the federal Safe Drinking Water Act.
(3) The federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., and any federal regulations issued pursuant to the federal Water Pollution Control Act.
II. The commissioner shall regularly assess final changes to federal environmental law that the department has been authorized or directed to administer to determine whether the final changes to federal environmental law are significantly less protective of public health, the environment, or natural resources than baseline federal standards.
III. If the commissioner determines that a change assessed by the department under paragraph II results or will result in federal standards or requirements that are significantly less protective of public health, the environment, or natural resources than baseline federal standards, the commissioner shall, in conjunction with the divisions of the department, make rules under RSA 541-A as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment, or natural resources as baseline federal standards, regardless of the change assessed under paragraph II.
IV. Nothing in this section shall prevent the commissioner from adopting rules under RSA 541-A for the administration of federal environmental law that are more protective of public health, the environment, or natural resources than baseline federal standards.
2 Effective Date. This act shall take effect upon its passage.
Text to be added highlighted in green.
1 New Section; Rulemaking; Federal Laws. Amend RSA 21-O by inserting after section 12 the following new section:
21-O:12-a Rulemaking; Federal Laws.
I. In this section:
(a) "Baseline federal standards" means the standards and requirements contained in a federal environmental law, as those standards and requirements were in effect on January 19, 2017.
(b) "Commissioner" means the commissioner of the department of environmental services.
(c) "Department" means the department of environmental services.
(d) "Federal environmental law" means any one or more of the following:
(1) The federal Clean Air Act, 42 U.S.C. section 7401 et seq., and any federal regulations issued pursuant to the federal Clean Air Act.
(2) The federal Safe Drinking Water Act, 42 U.S.C. section 300f et seq., and any federal regulations issued pursuant to the federal Safe Drinking Water Act.
(3) The federal Water Pollution Control Act, 33 U.S.C. section 1251 et seq., and any federal regulations issued pursuant to the federal Water Pollution Control Act.
II. The commissioner shall regularly assess final changes to federal environmental law that the department has been authorized or directed to administer to determine whether the final changes to federal environmental law are significantly less protective of public health, the environment, or natural resources than baseline federal standards.
III. If the commissioner determines that a change assessed by the department under paragraph II results or will result in federal standards or requirements that are significantly less protective of public health, the environment, or natural resources than baseline federal standards, the commissioner shall, in conjunction with the divisions of the department, make rules under RSA 541-A as necessary to continue state implementation of standards and requirements that are at least as protective of public health, the environment, or natural resources as baseline federal standards, regardless of the change assessed under paragraph II.
IV. Nothing in this section shall prevent the commissioner from adopting rules under RSA 541-A for the administration of federal environmental law that are more protective of public health, the environment, or natural resources than baseline federal standards.
2 Effective Date. This act shall take effect upon its passage.