Bill Text - HB1415 (2024)

Relative to PFAS facility liability.


Revision: Oct. 31, 2023, 8:15 a.m.

 

2024 SESSION

24-2700.0

10/08

 

HOUSE BILL [bill number]

 

AN ACT relative to certain hazardous waste and toxic air pollutants regulated by the department of environmental services.  

 

SPONSORS: [sponsors]

 

COMMITTEE: [committee]

 

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ANALYSIS

 

This bill adds certain chemicals for which a raw material contains a substance regulated by a state maximum contaminant level to regulated hazardous waste, and requires perfluorononanoic acid (PFNA), perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid (PFOA), and perfluorohexanesulfonic acid (PFHxS) to be regulated as Class I regulated toxic air pollutants in rules 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2700.0

10/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to certain hazardous waste and toxic air pollutants regulated by the department of environmental services.  

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Hazardous Waste Management; Definition; Hazardous Waste; Maximum Contaminant Levels.  Amend RSA 147-A:2, VII to read as follows:

VII. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged[.];

(b) [Or] Which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E[.] or

(c) For which a raw material contains a substance regulated by a state maximum contaminant level that meets either criteria listed in subparagraphs (a) or (b).

2  Regulated Toxic Air Pollutants; Chemicals Included; Rulemaking.  Amend RSA 125-I:4, I to read as follows:

I. The following are regulated toxic air pollutants:

(a) Those substances or compounds listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act (42 U.S.C. 7412), as amended; and

(b) Those chemical substances for which a threshold limit value has been established by the American Conference of Governmental Industrial Hygienists as of December 31, 1995, as amended[.] and

(c) Those chemicals listed as Class I or II regulated toxic air pollutants in administrative rules of the department in Env-A 1400, which shall include perfluorononanoic acid (PFNA), perfluorooctanesulfonic acid (PFOS), perfluorooctanoic acid(PFOA), and perfluorohexanesulfonic acid (PFHxS) as Class I regulated toxic air pollutants.  

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