Committee Report REGULAR CALENDAR

April 3, 2018

HOUSE OF REPRESENTATIVES

The Majority of the Committee on Resources, Recreation and Development to which was referred SB 309-FN,

AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. Having considered the same, report the same with the following amendment, and the recommendation that the bill OUGHT TO PASS WITH AMENDMENT.

Rep. AndrewAndrew RenzulloRenrtillo

FOR THETHE MAJORITYMAJORITY OF OF THE THE >COMMITTEE COMMITTEE

Original: House Clerk Cc: Committee Bill File MAJORITY COMMITTEE REPORT Committee: Resources, Recreation and Development Bill Number: SB 309-FN Title: relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. Date: April 3, 2018 Consent Calendar: REGULAR Recommendation:Recommendation OUGHT'TOOUGHT TO PASS WITH AMENDMENT 2018-1310h

STATEMENT OF INTENT

This bill directs the Department of Environmental Services (DES) to establish water quality standards for drinking water and ambient ground water quality standards (AGQS) with regard to perfluorochemicals (PFCs). It also directs DES to establish surface water standards for PFCs. The amendment modifies the language on drinking water and AGQS, but not the intent, to make it consistent with HB 1101, which the House has already passed. Establishing surface water standards is a major undertaking and there is not a lot of previous work for guidance. Believing that resources are not currently sufficient for such an undertaking, the bill directs DES, using current resources, to layout a plan, including resources needed and a timeline, to establish surface water standards. The plan is to be submitted to the House Resources, Recreation and Development Committee and the Senate Energy and Natural Resource Committee. The expectation is that any needed resources will be incorporated into a future DES operating budget.

Vote 12-1.

Rep. Andrew Renzullo FOR THE MAJORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDARCALENDAR

Resources, Recreation and Development SB 309-FN, relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. MAJORITY:MAJORITY: OUGHTOUGHT TO TO PASS PASS WITH WITH AMENDMENT. AMENDMENT. MINORITY: MINORITY: INEXPEDIENT TO TO LEGISLATE. LEGISLATE. Rep. Andrew RenzulloRenzullo forfor thethe MajorityMajority ofof Resources,Resources, RecreationRecreation andand Development.Development. This bill directs the Department of Environmental Services (DES) to establish water quality standards for drinking water and ambient ground water quality standards (AGQS) with regard to perfluorochemicals (PFCs). It also directs DES to establish surface water standards for PFCs. The amendment modifies the language on drinking water and AGQS, but not the intent, to make it consistent with HB 1101, which the House has already passed. Establishing surface water standards is a major undertaking and there is not a lot of previous work for guidance. Believing that resources are not currently sufficient for such an undertaking, the bill directs DES, using current resources, to layout a plan, including resources needed and a timeline, to establish surface water standards. The plan is to be submitted to the House Resources, Recreation and Development Committee and the Senate Energy and Natural Resource Committee. The expectation is that any needed resources will be incorporatedincorporated intointo aa futurefuture DESDES operatingoperating budget.budget. Vote 12-1.

Original: House Clerk Cc: Committee Bill File

Rep. Christensen, Hills. 21 April 2, 2018 2018-1310h 06/03

Amendment to SB 309-FN

1 Amend the title of the bill by replacing it with the following: 2 3 AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, 4 and surface water. 5 6 Amend the bill by replacing all after the enacting clause with the following: 7 8 1 New Subparagraph; Statement of Purpose. Amend RSA 485:1, II by inserting after 9 paragraph (h) the following new subparagraph: 10 (i) Adopt primary drinking water standards by establishing maximum contaminant 11 limits or treatment techniques. 12 2 Drinking Water Rules. Amend RSA 485:3,485;3, I(b) to read as follows: 13 (b) After consideration of the extent to which the contaminant is found in New 14 Hampshire, the ability to detect the contaminant in public water systems, the ability to 15 remove the contaminant from drinking water, and the costs to government entities that 16 will result from establishing the standard, a specification for each contaminant of either: 17 (1) A maximum contaminant level that is acceptable in water for human 18 consumption[, ifif itit icyin feasible fco.oible to to aGcertain aoccrtain the the level level of of suchouch contaminant contaminant inin waterwater inin publicpublic water 19 syctcznal;oyetemo]; or 20 (2) One or more treatment techniques or methods which lead to a reduction of the 21 level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the 22 level of such contaminant in water in the public water system; and 23 3 New Subdivision; Perfluorochemicals. Amend 485 by inserting after section 16-d the 24 following new subdivision: 25 Perfluorochemicals 26 485:16-e Perfluorochemicals. By January 1, 2019, the commissioner shall, in consultation with 27 the commissioner of the department of health and human services and other interested parties, 28 initiate rulemaking in accordance with RSA 541-A to adopt a maximum contaminant limit for 29 perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), 30 and perfluorohexanesulfonic acid (PFHxS). 31 4 Ambient Groundwater Quality Standards. Amend RSA 485-C:6 to read as follows: 32 485-C:6 Ambient Groundwater Quality Standards. 33 I. The commissioner shall establish and adopt ambient groundwater quality standards for 34 regulated contaminants which adversely affect human health or the environment. Ambient

Amendment toto SB SB 309-FN 309-FN - Page 22 --

1 groundwater standards shall apply to all regulated contaminants which result from human 2 operations or activities, but do not apply to naturally occurring contaminants. Where state 3 maximum contaminant levels have been adopted under RSA 485:3, I(b), ambient 4 groundwater quality standards shall be equivalent to such standards. Where federal 5 maximum contaminant level or health advisories have been promulgated under the Federal Safe 6 Drinking Water Act or rules relevant to such act, ambient groundwater quality standards shall be 7 [equivalent to] no less stringent than such standards. The commissioner may adopt 8 standards more stringent than federal maximum contaminant levels or health advisories 9 if, accounting for an adequate margin of safety to protect human health at all life stages, 10 including but not limited to pre-natal development, the commissioner determines federal 11 standards are insufficient for protection of human health. Where such standards are 12 established based upon health advisories that address cancer risks, the ambient groundwater 13 quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one 14 cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or 15 health advisory has been issued, the commissioner may adopt ambient groundwater quality 16 standards on a basis which provides for an adequate margin of safety to protect human health and 17 safety.safety. 18 II. Health advisories that are adopted as ambient groundwater quality standards 19 shall be reviewed by the department at least every 5 years to determine if new research 20 warrants revising the current ambient groundwater quality standard. If the department 21 finds a revision is necessary it shall conduct rulemaking to adopt the revised standard. 22 III. Ambient groundwater quality standards shall be the water quality basis for issuance of 23 groundwater discharge permits under RSA 485-A: 13. 24 [ III.]III.] IV.IV. ExceptExcept for for discharges discharges ofof domesticdomestic wastewaterwastewater regulatedregulated underunder RSA 485-A:13 and 25 RSA 485-A:29, no person shall violate ambient groundwater quality standards. 26 V. By January 1, 2019, the commissioner shall, in consultation with the 27 commissioner of the department of health and human services and interested parties, 28 initiate rulemaking to adopt ambient groundwater quality standards for 29 perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). 30 VI. By January 1, 2019, the commissioner shall, in consultation with the 31 commissioner of the department of health and human services and interested parties, 32 conduct a review to determine whether current research warrants revising the existing 33 ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and 34 perfluorooctanesulfonic acid (PFOS). 35 5 Department of Environmental Services; Positions Established; Appropriation. There is 36 established within the department of environmental services one classified toxicologist position and 37 one classified human health risk assessor for the purposes of monitoring groundwater under RSA

Amendment toto SB SB 309-FN 309-FN - Page 33 --

1 485-C. The sum necessary to pay the salary, benefits, and other costs related to the positions 2 established in this section is hereby appropriated to the department of environmental services for 3 the biennium ending June 30, 2019. This appropriation shall be in addition to any other 4 appropriations made to the department in the biennium. The governor is authorized to draw a 5 warrant for said sum out of any money in treasury not otherwise appropriated. 6 6 Department of Environmental Services; Surface Water Quality Standards. The commissioner 7 of environmental services shall, in consultation with stakeholders, develop a plan, including a 8 schedule and cost estimates, to establish surface water quality standards for 9 perfluorooctanesulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), 10 and perfluorohexanesulfonic acid (PFHxS) in class A and class B waters for all designated uses. 11 The commissioner shall submit the plan upon its completion, but no later than January 1, 2020, to 12 the house resources, recreation, and development committee and the senate energy and natural 13 resources committee. 14 7 Effective Date. This act shall take effect upon its passage. Amendment toto SB SB 309-FN 309-FN - Page 44 --

2018-1310h 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 forfor perfluorooctanesulfonateperfluorooctanesulfonate (PFOS),(PF05), perfluorooctanoicperfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS) in class A and class B waters. REGULAR CALENDAR

April 3, 2018

HOUSE OF REPRESENTATIVES

REPORT OF COMMITTEE

The Minority of the Committee on Resources, Recreation and Development to which was referred SB 309-FN,

AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. Having considered the same, and being unable to agree with the Majority, report with the following resolution: RESOLVED, that it is INEXPEDIENT TO

LEGISLATE.

Rep.R James McConnell

FOR THETHE MINORITYMINORITY `OF> OF THE THE COMMITTEE COMMITTEE'

Original: House Clerk Cc: Committee Bill File MINORITY COMMITTEE REPORT

Committee: Resources, Recreation and Development Bill Number: SB 309-FN Title: relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. Date: April 3, 2018 Consent Calendar: REGULAR ...Recommendation:Recommendation: INEXPEDIENT TO LEGISLATE

STATEMENT OF INTENT

The minority believes that the NH Department of Environmental Services already has the authority to recognize the work done in other states and their resulting reductions in allowed maximum contaminant levels for perfluorochemicals to protect public health, yet has chosen not to bother following suit. Requesting instead of requiring a more pro-active approach will prove to be a pointless exercise.

Rep. James McConnell FOR THE MINORITY

Original: House Clerk Cc: Committee Bill File REGULAR CALENDARCALENDAR

Resources, Recreation and Development SB513 309-FN, 309-FN, relativerelative toto standardsstandards forfor perfluorochemicalsperfluorochemicals inin drinkingdrinking water, ambient groundwater, and surface water. INEXPEDIENT TO TO LEGISLATE. LEGISLATE. Rep. James McConnell forfor thethe Minority ofof Resources, Resources, Recreation Recreation andand Development.Development. The minority believes that the NH Department of Environmental Services already has the authority to recognize the work done in other states and their resulting reductions in allowed maximum contaminant levels for perfluorochemicals to protect public health, yet has chosen not to bother following suit. Requesting instead of requiring a more pro-active approach will prove to be a pointless exercise.

Original: House Clerk Cc: Committee Bill File

COMMITTEE REPORT REPORT •

COMMITTEE: --(vt,__te -

BILL NUMBER:NUMBER:

TITLE:

DATE: CONSENTCONSENT CALENDAR:CALENDAR: Y.E. YEC

fl OUGHT TO TO PASS PASS Amendment No. No. (115j-Nr- OUGHTOUGHT TOTO PASS PASS WI W/ AMENDMENT AMENDMENT C T/C7) 'El11 INEXPEDIENT TO TO LEGISLATE LEGISLATE • H INTERIM STUDY STUDY (Available (Available only only 2nd 2nd year year of ofbiennium) biennium)

STATEMENT OF OF INTENT: INTENT:

I

COMMITTEE VOTE: VOTE:

RESPECTFULLY SUBMITTED, SUBMITTED,

• Copy to CommitteeCommittee BillBill File File Use Another ReportReport for for Minority Minority Report Report • Rep. For thethe Committee Committee Rev. 02/01/07 - Yellow

wags wags fugoA Voting fugoA Sheets

HOUSE COMMITTEECOMMITTEE ON ON RESOURCES, RESOURCES, RECREATION RECREATION AND AND DEVELOPMENT DEVELOPMENT

EXECUTIVE SESSIONSESSION on on SB SB 309-FN 309-FN

BILL TITLE:TITLE: (New Title) relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.

DATE: April 3, 2018

LOB ROOM:ROOM: 305

MOTIONS: OUGHT TOTO PASS PASS WITH WITH AMENDMENT AMENDMENT Moved by Rep. Renzullo Seconded by Rep. Farnham AM Vote: 12-1

Amendment # 2018-1310h Moved by Rep. Renzullo Seconded by Rep. Farnham Vote: 12-1

CONSENT CALENDAR: NO

Statement of Intent: Refer to Committee Report

Respectfully submitted,

0211 V4Ate- Xis 0,64_ Rep Linda Gould, Clerk

Rep. Christensen, Hills. 21 April 2, 2018 2018-1310h 06/03

Amendment to SB 309-FN

1 Amend the title of the bill by replacing it with the following: 2 3 AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, 4 and surface water. 5 6 Amend the bill by replacing all after the enacting clause with the following: 7 8 1 New Subparagraph; Statement of Purpose. Amend RSA 485:1, II by inserting after 9 paragraph (h) the following new subparagraph: 10 (i) Adopt primary drinking water standards by establishing maximum contaminant 11 limits or treatment techniques. 12 2 Drinking Water Rules. Amend RSA 485:3, I(b) to read as follows: 13 (b) After consideration of the extent to which the contaminant is found in New 14 Hampshire, the ability to detect the contaminant in public water systems, the ability to 15 remove the contaminant from drinking water, and the costs to government entities that 16 will result from establishing the standard, a specification for each contaminant of either: 17 (1) A maximum contaminant level that is acceptable in water for human 18 consumption[, ifif itit iois fcaoiblcfeasible to ascertainaoccrtain thethe level of suchuch contaminant contaminant in in ss water ate]: in public waterwatcr 19 syctcmo];systems]; or 20 (2) One or more treatment techniques or methods which lead to a reduction of the 21 level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the 22 level of such contaminant in water in the public water system; and 23 3 New Subdivision; Perfluorochemicals. Amend 485 by inserting after section 16-d the 24 following new subdivision: 25 Perfluorochemicals 26 485:16-e Perfluorochemicals. By January 1, 2019, the commissioner shall, in consultation with 27 the commissioner of the department of health and human services and other interested parties, 28 initiate rulemaking in accordance with RSA 541-A to adopt a maximum contaminant limit for 29 perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), 30 and perfluorohexanesulfonic acid (PFHxS). 31 4 Ambient Groundwater Quality Standards. Amend RSA 485-C:6 to read as follows: 32 485-C:6 Ambient Groundwater Quality Standards. 33 I. The commissioner shall establish and adopt ambient groundwater quality standards for 34 regulated contaminants which adversely affect human health or the environment. Ambient

Amendment to SB 309-FN - Page 2 -

1 groundwater standards shall apply to all regulated contaminants which result from human 2 operations or activities, but do not apply to naturally occurring contaminants. Where state 3 maximum contaminantcontaminant levelslevels havehave been been adopted adopted under under RSA RSA 485:3, 485:3, - l(b),I(b), ambient 4 groundwater quality standards shall be equivalent to such standards. Where federal 5 maximum contaminant level or health advisories have been promulgated under the Federal Safe 6 Drinking Water Act or rules relevant to such act, ambient groundwater quality standards shall be 7 [cquivalcnt[equivalent to] no less stringent than such standards. The commissioner may adopt 8 standards more stringent than federal maximum contaminant levels or health advisories 9 if, accounting for an.an adequateadequate marginmargin ofof safetysafety toto protectprotect humanhuman healthhealth at all life stages, 10 including but not limited to pre-natal development, the commissioner determines federal 11 standards are insufficient for protection of human health. Where such standards are 12 established based upon health advisories that address cancer risks, the ambient groundwater 13 quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one 14 cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or 15 health advisory has been issued, the commissioner may adopt ambient groundwater quality 16 standards on a basis which provides for an adequate margin of safety to protect human health and 17 safety. 18 II. Health advisories that are adopted as ambient groundwater quality standards 19 shall be reviewed by the department at least every 5 years to determine if new research 20 warrants revising the current ambient groundwater quality standard. If the department 21 finds a revision is necessary it shall conduct rulemahingrulemaking to adopt the revised standard. 22 III.HI. AmbientAmbient groundwater groundwater quality quality standards standards shallshall bebe thethe waterwater qualityquality basisbasis for issuance of 23 groundwater discharge permits under RSA 485-A: 13. 24 [ III.] IV. Except for discharges of domestic wastewater regulated under RSA 485-A:13 and 25 RSA 485-A:29, no person shall violate ambient groundwater quality standards. 26 V. By January 1, 2019, the commissioner shall, in consultation with the 27 commissioner of the department of health and human services and interested parties, 28 initiate rulemahing to adopt ambient groundwater quality standards for 29 perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). 30 VLVI. By January 1, 2019, the commissioner shall, in consultation with the 31 commissioner of the department of health and human services and interested parties, 32 conduct a review to determine whether current research warrants revising the existing 33 ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and 34 perfluorooctanesulfonic acid (PFOS). 35 5 Department of Environmental Services; Positions Established; Appropriation. There is 36 established within the department of environmental services one classified toxicologist position and 37 one classified human health risk assessor for the purposes of monitoring groundwater under RSA

Amendment to to SB SB 309-FN 309-FN - Page 33 --

1 485-C. The sumsum necessary necessary to to pay pay the the salary, salary, benefits, benefits, and and other other costs costs related related to the to positions the positions 2 established in in this this section section is is hereby hereby appropriated appropriated to the to thedepartment department of environmental of environmental services services for for 3 the bienniumbiennium ending ending June June 30, 30, 2019. 2019. This This appropriation appropriation shall shall be in be addition in addition to any to other any other 4 appropriations made made to to the the department department in the in biennium.the biennium. The governorThe governor is authorized is authorized to draw to a draw a 5 warrant for for said said sum sum out out of ofany any money money in treasuryin treasury not otherwisenot otherwise appropriated. appropriated. 6 6 Department of of Environmental Environmental Services; Services; Surface Surface Water Water Quality Quality Standards. Standards. The commissioner The commissioner 7 of environmental services services shall, shall, in in consultation consultation with with stakeholders, stakeholders, develop develop a plan, a plan, including including a a 8 schedule andand cost cost estimates, estimates, to to establish establish surface surface water water quality quality standards standards for for 9 perfluorooctanesulfonate (PFOS), (PFOS), perfluorooctanoic perfluorooctanoic acid acid (PFOA), (PFOA), perfluorononanoic perfluorononanoic acid (PFNA), acid (PFNA), 10 and perfluorohexanesulfonicperfluorohexanesulfonic acid acid (PFHxS) (PFHxS) in classin class A andA and class class B waters B waters for allfor designated all designated uses. uses. 11 The commissionercommissioner shall shall submit submit the the plan plan upon upon its itscompletion, completion, but butno laterno later than thanJanuary January 1, 2020, 1, to2020, to 12 the househouse resources,resources, recreation, recreation, and and development development committee committee and andthe senatethe senate energy energy and natural and natural 13 resources committee. committee. 14 7 Effective Date.Date. ThisThis act act shall shall take take effect effect upon upon its itspassage. passage. Amendment to SB 309-FN - Page 4 -

2018-1310h AMENDED ANALYSIS

I. DirectsDirects the the department department to to evaluate evaluate the the ambient ambient ground ground waterwater qualityquality standardsstandards for perfluorooctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS) and set ambient groundwater quality standards for perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS).

II.IL EstablishesEstablishes the the criteria criteria forfor settingsetting maximummaximum contaminantcontaminant limitslimits forfor 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. 0—

STATE OF NEW HAMPSHIREHAMPSHIRE 1/5/2018 10:31:4210:31:42 AMAM OFFICE OF THE HOUSE CLERKCLERK Roll CallCall Committee Committee RegistersRegisters Report 2018 SESSION

RR&DRR&D —__ Bill #: 9 611 Title: API,b2y7) agrapt,0.-1,,Age-7 /4 t6u1: ccCS- -(4,noe,asimiaz--exc--44- 64.- — wj"--e2--- PH Date: I ---/ I 1919- Exec Session Date: 117 / 3 / ?(-) Motion: 0 7--P73- Amendment #: t13 31 I C

MEMBER YEAS NAYS

Christensen, ChrisChris Chariman -"----.------• Mullen, ]ohninhn AA Vice Chairman Renzullo,Renzullo, Andrew 1-----i--- Gould, LindaLinda ClerkClerk L----1-- -- McConnell, JamesJames W. /------Z------Christie, Rick 2i------— Schiefen,Seli-leterr7 -EEricl.ric I. ZericktirlittZer-ickiTtritt j....„„--. Hoiterriames-E.Horgetv-James-E. Vos(\Jo sO ---- Johnson, TiffanyTiffany Rimol,Rimol, Bob I---L------Smith, SuzanneSuzanne J. 1--- -- a.Sperrg7THit. Parkhurst,Parkhurst, HenryHenry A.A. L. Z.--2,--- - Thomas, YvonneYvonne D. )----)------Gottla.H.GattlingT-Suzanne.H. NteresiKe9iftesTK-e49440P-a,-C-14, --y\tA,u,4rs\(\ u, 5 A-A-1...----.. 1.-- i G4:asseiehtick-----, I Farnham,Farnham, Betsey M.M. L---i------Lisle, David I--1— TOTAL VOTE: ) 0— i

Page: 1 of 1

STATE OF NEW HAMPSHIREHAMPSHIRE 1/5/2018 10:31:4210:31:42 AMAM OFFICE OF THE HOUSE CLERKCLERK Roll CallCall Committee Committee RegistersRegisters Report 2018 SESSION

RR&DRR&D

Bill #: 13 Title: t\cd c9.6C}Kvr.1191 e(nm0-“Air 66,?,(4,9,„,..,t,,,a,t i cc,l,a,„,a-- (141-ird atxra_t (3 0'1 Nig a ai e PH Date: 3 / e9,---1 / 1Y1 Exec Session Date: 7 // 33 I/ c90/K(96)/K Motion: Amendment #: /37r3/ 0

MEMBER YEAS NAYS

Christensen, ChrisChris Chariman t--t------Mullen, JohnJohn A. Vice ChairmanChairman A-A- Renzullo,Renzullo, Andrew fr------Gould, Linda Clerk L------McConnell, JamesJames W.W. ii - Christie, Rick 1-L------$C-17Ki$eltferirEric_L,

ZariGkviriSieltZariCk-irNek-- 44er-gafr,444)r-gerrijarTre--James. F. - VVos Os "C-----C__-- 1///------— Johnson, TiffanyTiffany ------'.- gi-meirgeb4241:144113------Smith, SuzanneSuzanne J. L---L-:------glaalSPa44449,-37-A+Eat-abeith -Tc Parkhurst,Parkhurst, HenryHenry A.A. L.L. 1-----L------Thomas, YvonneYvonne D. i-----/------G.OWIPM-Suzarl-Re-14— 1--4, --,-, KeleSrKaes-riteviTiiteVrrit a , IvIV L.t,_--_ -GrasWCEricrle, husk ' 3 Farnham,Farnham, Betsey M.M. L----L---- Lisle, David L---L.------TOTAL VOTE: I/ 2a /

Page: 1 of 1

HOUSE COMMITTEECOMMITTEE ON ON RESOURCES, RESOURCES, RECREATION RECREATION AND AND DEVELOPMENT DEVELOPMENT

EXECUTIVE SESSIONSESSION on on SItifaffit?' Sitat/WffS' S3 -13 3 6 ci -FA)

BILL TITLE:TITLE: r sta farfor- erfthcliemicals emicals in drinkindrtrrking-wateMont bient groundwater, and surface water.

/ DATE;DATE: yXtj

LOB ROOM:ROOM: 305

MOTION: (Please(Please check check one one box) box) ❑D OTPOTP ❑ ITL CIO RetainRetain (1St (Pt year) O0 AdoptionAdoption ofof Amendment # V3311 6 O0 InterimInterim StudyStudy (2nd(2nd year (if offered)

Moved by Rep. SecondedSeconded by by Rep.Rep. Vote: —

MOTION: (Please(Please check check one one box) box)

0CI OTP OTP y1/4 OTP/A CI 0 ITLITL 0CI Retain Retain (1st (Pt year) CI0 Adoption Adoption of Amendment # OCI InterimInterim StudyStudy (2nd(2nd year) (if offered)

Moved by Rep. -11. ) i,L.acbLan Seconded by Rep. 71----- -11, 44 c Vote: \\ )-- — /

MOTION: (Please(Please check check one one box) box)

111❑ OTPOTP 0❑ OTP/AOTP/A 111❑ ITL ITL 1110 Retain Retain (1st (Pt year)year) OCI AdoptionAdoption of Amendment # O0 InterimInterim StudyStudy (2nd(2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please(Please check check one one box) box)

❑D OTPOTP ❑ OTP/A ❑ ITL CIEl RetainRetain (1st(Pt year) O0 AdoptionAdoption ofof Amendment # ❑CI InterimInterim StudyStudy (2nd(2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

CONSENT CALENDAR:CALENDAR: YES NO

Minority Report? Report? /IYesYes No IfIf yes, yes, author,author, Repnil'ir Repill 41,euzZe ./hrytea Motion_d_11/Motion

Respectfully submitted: ep Linda Gould, Clerk

.5uunaH Hearing .5uunaH sainugN Minutes sainugN

HOUSE COMMITTEECOMMITTEE ON ON RESOURCES, RESOURCES, RECREATION RECREATION AND AND DEVELOPMENT DEVELOPMENT

PUBLIC HEARINGHEARING ON ON SB SB 309-FN 309-FN

BILL TITLE:TITLE: (New Title) relativerelative to to standards standards for for perfluorochemicals perfluorochemicals in drinkingdrinking water, ambientambient groundwater, groundwater, and and surface surface water. water.

DATE: MarchMarch 27, 27, 2018 2018

LOB ROOM:ROOM: 305 305 Time PublicPublic Hearing Hearing Called Called to to Order: Order: 10:08 a.m.

Time Adjourned: Adjourned: 10:2510:25 a.m.a.m.

Committee Members: Members: Reps. Reps. Christensen, Christensen, Mullen, Mullen, Gould, Gould, Renzullo, Renzullo, McConnell, McConnell, Christie, Christie, Vose, T. Johnson, Parkhurst, Parkhurst, Y. Y. Thomas, Thomas, Gottling, Gottling, Maes, Maes, Grassie, Grassie, Farnham Farnham and Lisle, and Lisle, Baldasaro, Hill, Hill, Cahill Cahill

Bill Sponsors: Sen. Innis Sen. Bradley Sen. Avard Sen. Fuller Clark Clark Sen. Gannon Sen. Ward Sen. Carson Sen. Birdsell Sen. Feltes Rep. MessmerMessmer Rep. H.H. MarshMarsh Rep. EmerickEmerick Rep. BeanBean Rep. MurrayMurray

TESTIMONY

* Use asterisk if if written written testimony testimony and/or and/or amendments amendments are aresubmitted. submitted.

Sen. Innis, prime sponsor.sponsor. Supports Supports bill. bill. PFCS PFCS are are all all around around us. us.Tells Tells DES DES to be to sure be surewe have we have correct standards standards to to protect protect public public health. health. Word Word "reasonable" "reasonable" is in bill. is in DES bill. should DES should review review current current date andand information information from from other other sates. sates. Amendment Amendment adds adds 2 other 2 other chemicals. chemicals. Do this Do annually. this annually.

*Sarah Pillsbury, Pillsbury, NENH DES.DES. OpposesOpposes bill. bill. How How to to establish establish MTL's MTL's - amend - amend bill bill to doto thisdo this as it as did it did in HB. DES wantswants it it to to match match HB HB 1101. 1101. (See (See handout.) handout.)

Stephanie Lamb,Lamb, BIA.BIA. Opposes bill.bill. ConcernsConcerns with with as as written written on on surface surface water water - delete - delete that. that. More workwork needs needs to to be be done done on on that. that. So So do do that that in ain separate a separate bill. bill.

Melissa Paly,Paly, Conservation Law Law Foundation. Foundation. Supports Supports bill. bill. Concerned Concerned with with these these issues, issues, so so supports bill. bill. Also Also HB HB 1101. 1101. This This is is only only one one that that mentions mentions surface surface water. water.

Bill will go to sub committee.committee.

Respectfully submitted,submitted, 122p Rep. LindaLinda Gould, Gould, Clerk HOUSE COMMITTEECOMMITTEE ON ON RESOURCES, RESOURCES, RECREATION RECREATION AND AND DEVELOPMENT DEVELOPMENT

PUBLIC HEARINGHEARING ON ON SB SB 309-FN 309-FN

BILL TITLE:TITLE: (New (New Title) Title) relative relative to tostandards standards for forperfluorochemicals perfluorochemicals in drinking in drinking water, ambientambient groundwater, groundwater, and and surface surface water. water.

DATE: MarchMarch 27, 27, 2018 2018

LOB ROOM:ROOM: 305 305 Time PublicPublic Hearing Hearing Called Called to to Order: Order: 10:08 a.m.

Time Adjourned:Adjourned: 10:25 10:25 a.m. a.m.

Committee Members: Members: Reps. Reps. Christensen, Christensen, Mullen, Mullen, Gould, Gould, Renzullo, Renzullo, McConnell, McConnell, Christie, Christie, Vose, T. Johnson, Parkhurst, Parkhurst, Y. Y. Thomas, Thomas, Gottling, Gottling, Maes, Maes, Grassie, Grassie, Farnham Farnham and Lisle, and Lisle, Baldasaro, Hill, Hill, Cahill Cahill

Bill Sponsors: Sen. Innis Sen. Bradley Sen. Avard Sen. Fuller Clark Clark Sen. Gannon Sen. Ward Sen. Carson Sen. Birdsell Sen. FeltesFehes Rep. MessmerMessmer Rep. H.H. MarshMarsh Rep. EmerickEmerick Rep. BeanBean Rep. MurrayMurray

TESTIMONY

* Use asterisk if if written written testimony testimony and/or and/or amendments amendments are aresubmitted. submitted.

Sen. Innis, prime sponsor.sponsor. Supports Supports bill. bill. PFCS PFCS are are all allaround around us. Tellsus. Tells DES DES to be to sure be surewe have we have correct standards standards to to protect protect public public health. health. Word Word "reasonable" "reasonable" is in bill. is in DES bill. should DES should review review current current date andand information information from from other other sates. sates. Amendment Amendment adds adds 2 other 2 other chemicals. chemicals. Do this Do annually. this annually.

*Sarah Pillsbury, Pillsbury, NH DES. OpposesOpposes bill. bill. How How to to st st MTL's MTL's - amend- amend bill bill to doto dothis this as itas did it didin in HB. DES wantswants Uto rfo matchmatch HB HB 1101. 1101. (See (See handout.) handout.)

Stephanie Lamb, Lamb, BIA. Opposes bill.bill. Concerns Concerns with with as as written written on on surface surface water water - delete - delete that. that. More workwork needs needs to to be be done done on on that. that. So So do do that that in ain separate a separate bill. bill.

Melissa Paly,Paly, Conservation Law Law Foundation. Foundation. Supports Supports bill. bill. Concerned Concerned with with these these issues, issues, so so supports bill. bill. Also Also HB HB 1101. 1101. This This is is only only one one that that mentions mentions surface surface water. water.

Bill will go to sub committee.committee.

Respectfully submitted,submitted,

Rep. LindaLinda Gould, Gould, Clerk

HOUSE COMMITTEECOMMITTEE ON ON RESOURCES, RESOURCES, RECREATION RECREATION AND AND DEVELOPMENT DEVELOPMENT

PUBLIC HEARINGHEARING ON ON SB SB 309-FN 309-FN

BILL TITLE:TITLE: relative to to standards standards for for perfluorochemicals perfluorochemicals in drinking in drinking water, water, ambient groundwater, groundwater, and and surface surface water. water.

DATE: , •Q'7aq, c›) I S)

ROOM: 305305 Time PublicPublic Hearing Hearing Called Called to toOrder: Order: II C'',Q. 0 Y)

Time Adjourned:Adjourned:

{please(please circle if present)

Committee MemberMember . ' • to s M i le GoulGoul enzu o,I o, cConnel stie _Se s eien,eien, Zaricki CfAMPoiliefAM,,)111111 ohnso ohnso Suzanne Smith, Smith, Spa Spa , ar urs , Thinms, cGottliGottli :,'mss,'Vies, Gr Gr. sste ssi arnha ► anan ''sle MR 6 cioe.,,,f AA__u 4M111r1MIIII. Bill Sponsors:Sponsors: Sen. InnisInnis Sen. BradleyBradley Sen. AvardAvard Sen. FullerFuller Clark Clark Sen. GannonGannon Sen. WardWard Sen. CarsonCarson Sen. BirdsellBirdsell Sen. FeltesFeltes Rep. MessmerMessmer Rep. H.H. Marsh Marsh Rep. EmerickEmerick Rep. BeanBean Rep. MurrayMurray

TESTIMONY

* Use asterisk if written testimony and/or amendments are submitted. Pl=c S o-A-( .‘ZES 2) A.‘,e &if 477V-r —(42/ 44;aZ4,,ceZ 4.)ez eP '1,74 (1--e U pc 71.-V-1.-, /'"--7.--tatet.)

,,ecm•-, sS <.9 04:IL (212.e.--- tc..) 7te-4-4 711- . friTZ

/42r- ,11,4sItio?id s It

- A - 11T

Lc) tti

06,,&‘ -•tc(74-Zto,-;7 4 71-vv‘rt-e711-1--r-i-e .7Y1 0 e -cr(b. /e/€ cis e 6r1:,77(P-06:).,77Ca4-- Z

737zJ-cri °I-4AI,1 ic2-0 102-0 PC-9

,c c4-12-1-0 cch„,„1A,-L-tee /a-0 piy)-re 61--crG-L-LP

Mguotg 0 ( — -tt vi—e7 rher)-y nit<7)41,&‹ 41 Cle-

VE.4-C to-ce ye 2 A.4,6-- Auompsai TestimonyAuompsai

The StateState of of New New Hampshire Hampshire Department of of Environmental Environmental Services Services NHDES-MESal e....••.•••1•,.•,,%,,%.••••,r1.,r,o Robert R. R. Scott, Scott, Commissioner Commissioner

March 27, 27, 2018 2018

The HonorableHonorable Chris Chris Christensen, Christensen, Chair Chair House Resources,Resources, Recreation Recreation and and Development Development Committee Committee Legislative OfficeOffice Building,Building, Room Room 305 305 Concord, NHNH 03301 03301

RE: SBSB 309,309, AN ACT relative to standards for for perfluorochemicals perfluorochemicals in drinkingin drinking water, water, ambient ambient groundwater, and and surface surface water. water.

Dear ChairmanChairman Christensen Christensen and and Members Members of the of theCommittee: Committee:

Thank you you for for the the opportunity opportunity to tocomment comment on SBon SB309. 309. This This bill billwould would require require the New the New Hampshire Department Department of ofEnvironmental Environmental Services Services (NHDES) (NHDES) to review to review the current the current ambient ambient groundwater quality quality standards standards (AGQS) (AGQS) for forperfluorooctanoic perfluorooctanoic acid acid(PFOA) (PFOA) and and perfluoroctanesulfonic acid acid (PFOS) (PFOS) and and set set an anAGQS AGQS for forperfluorononanoic perfluorononanoic acid (PFNA)acid (PFNA) and and perfluorohexanesulfonic acid acid (PFHxS) (PFHxS) by by January January 1, 2019. 1, 2019. It also It also requires requires NHDES NHDES to set to set drinking water water maximum maximum contaminant contaminant levels levels (MCLs) (MCLs) for allfor four all four of these of these chemicals chemicals by by January 1, 1, 2019 2019 and and to to set set surface surface water water standards standards for themfor them by January by January 1, 2020. 1, 2020.While While NHDES hashas supportedsupported setting setting these these standards standards in accordance in accordance with with nationwide nationwide practices, practices, provided there there is is sound sound science science to to base base them them on onand and there there are theare resourcesthe resources to do toso, do we so, we are concernedconcerned that that this this bill, bill, unlike unlike HB HB 1101, 1101, does does not not include include all these all these important important considerations. Unless Unless these these considerations considerations are are addressed, addressed, NHDES NHDES cannot cannot support support this bill. this bill.

Specific recommendations that that the the committee committee may may want want to consider to consider include: include:

1) NHDES hashas beenbeen reluctant reluctant to to set set MCLs MCLs for for perfluorochemicals perfluorochemicals to date to dateas we as do we not do believe not believe it is it is appropriate to to set set such such standards standards using using a different a different methodology methodology than thanany other any otherstate or state the or the USEPA. OurOur statute statute is is silent silent on on the the considerations considerations that that should should go into go intoestablishing establishing an MCL, an MCL, which includeinclude occurrence occurrence data, data, ability ability to toreliably reliably detect detect the thecontaminant, contaminant, ability ability to remove to remove the the chemical fromfrom drinking drinking water, water, and and costs costs to affectedto affected entities entities that thatwill willresult result from fromestablishing establishing the the standard. We We recommend recommend that that the the language language from from HB HB1101 1101 on how on how MCLs MCLs should should be established be established be added to to this this bill bill so so that that MCLs MCLs are are set set in accordancein accordance with with the balancedthe balanced and scientifically and scientifically based methodologymethodology used used by by all all other other states states and and USEPA. USEPA. With With such such language language in place, in place, NHDES NHDES would bebe wellwell positionedpositioned to to determine determine and and propose propose appropriate appropriate MCLs MCLs for PFOA, for PFOA, PFOS, PFOS, PFNA PFNA and PFHxSPFHxS as as well well as as future future contaminants. contaminants.

www.des.nh.gov 29 Hazen DriveDrive • • PO PO Box Box 95 95 • •Concord, Concord, NH NH 03302-0095 03302-0095 (603) 271-3503 • Fax: 271-2867271-2867 TDDTDD Access:Access: Relay Relay NH NH 1-800-735-2964 1-800-735-2964 The Honorable Chris Christensen, Chair House Resources, Recreation and Development Committee March 27, 2018 Page 2

2) SB 309 would require NHDES to establish surface water quality standards for PFOA, PFOS, PFNA, and PFHxS. These compounds have been detected in NH waters, and it would be helpful to have surface water standards for them. However, there is significant complexity to a state independently setting surface water standards. The process includes determining the appropriate protective value(s), which requires specialized experience in federal Clean Water Act and aquatic life risk analysis; obtaining necessary federal approvals for incorporation into USEPA permits; and analyzing the impact to affected activities such as wastewater disposal. NHDES has never set a surface water standard. Attached is a set of frequently asked questions that provide additional information on this topic. Also, we believe it was the intent of the sponsor to provide January 1, 2020 as the date to initiate rulemaking and not the date for the standard to be adopted,adopted.

3) Finally, unlike HB 1101, this bill does not specify the resources that must be available to NHDES to perform the tasks the bill requires. Specifically, NHDES will need to hire a toxicologist and health risk assessor to develop and review the drinking water and groundwater standards. In addition, funding for a contract consultant would be needed to establish the surface water standards. As discussed above, this work requires specialized knowledge and experience, and NHDES does not have this capability in- house.

Thank you again for the opportunity to comment on this proposed legislation. If you have questions or need additional information, please contact Sarah Pillsbury, Drinking Water and Groundwater Bureau AdministratorAdministrator ([email protected]([email protected] or 271-1168).

Sincerely,

Robert R. Scott Commissioner

cc: Senators Innis, Bradley, Avard, Fuller Clark, Gannon, Ward, Carson, Birdsell and Feltes Representatives Messmer, Marsh, Emerick, Bean, Murray State WaterWater Quality Quality Standards Standards and and PFAS PFAS — Q&A— Q&A

3/27/2018

What areare surface surface water water quality quality standards standards and andcriteria? criteria? Water Water quality quality standards are provisionsprovisions of of state state law approved by by EPA EPA that that describe describe the the desired desired condition condition of a ofwaterbody a waterbody and how and thathow condition that condition will be will be determined for for such such waters. waters. The The purpose purpose of theseof these standards standards is to isrestore to restore waters waters that don't that allow don't the allow the desired usesuses of of that that water water and and to toprotect protect waters waters from from becoming becoming contaminated. contaminated. Water Water quality quality criteria are specificspecific measuresmeasures (eg., (eg., a anumber) number) that that are are used used to determine to determine if a desiredif a desired use (eg., use swimming)(eg., swimming) can can occur. WaterWater quality quality standards standards include include three three components components 1) designated 1) designated uses, uses,2)criteria, 2)criteria, and 3) and anti- 3) anti- degradation provisions, provisions, all all of of which which are are found found in Env-Wqin Env-Wq 1700. 1700.

How areare water water quality quality standards standards used? used? There There are are four four primary primary purposes purposes for water for waterquality quality standards. standards. These include,include,

1. Assessment-- EveryEvery two two years, years, the the state state assesses assesses the the water water quality quality of all of 17,000all 17,000 miles miles of rivers, of rivers, 1000 ponds andand lakes, lakes, and and tidal tidal waters. waters. This This includes includes comparing comparing existing existing data datato the to water the water quality standards.standards. If If a waterbodya waterbody fails fails to meetto meet standards, standards, a cleanup a cleanup plan isplan needed. is needed. 2. Planning -- -- the the standards standards help help local local organizations organizations plan plan for cleaningfor cleaning up their up theirwaters. waters. The The development of of watershed-based watershed-based plans plans revolves revolves around around needed needed actions actions to meet to meet standards. standards. 3. Permits— EPA EPA writes writes surface surface water water effluent effluent permits permits for NHfor NH(NHDES (NPDES permits). permits). Water Water quality quality standards must must be be met met by by those those standards. standards. In many In many cases, cases, the standardthe standard drives drives the technology the technology needed toto treattreat pollutants. pollutants. 4. Enforcement — — it it is is against against the the law law to toknowingly knowingly violate violate water water quality quality standards. standards. If a standard If a standard is is violated, andand a a specific specific polluter polluter can can be be identified, identified, then then NHDES NHDES has hasenforcement enforcement authority authority to to compel compliancecompliance with with those those standards. standards.

How areare waterwater quality quality criteria criteria determined? determined? A greatA great deal deal of scientific of scientific research research goes goesinto setting into setting water water quality criteria.criteria. The The EPA EPA provides provides guidance, guidance, called called 304(a) 304(a) guidance, guidance, that thathelps helps the states. the states. These These 304(a) 304(a) guidance documentsdocuments are are the the result result of ofmultidisciplinary multidisciplinary task task groups, groups, public public input, input, and peer and review. peer review. They They are well-vettedwell-vetted by by the the scientific scientific and and regulated regulated communities. communities. The The states states are particularlyare particularly reliant reliant on EPA on EPA guidance forfor setting setting toxic toxic criteria, criteria, given given the the complexity complexity of theof the science science and and analysis. analysis. NHDES NHDES has neverhas never created a a toxic toxic criterion criterion from from scratch. scratch. Presently, Presently, there there is no is 304(a) no 304(a) guidance guidance from fromEPA onEPA PFAS on PFAS compounds.

What isis thethe process process for for setting setting a standard?a standard? In In New New Hampshire, Hampshire, setting setting a water a water quality quality standard standard typically startsstarts by by consulting consulting the the Water Water Quality Quality Standards Standards Advisory Advisory Committee Committee (WQSAC), (WQSAC), which which is made is made up ofof expertsexperts in in water water quality quality and and includes includes a diverse a diverse group group of stakeholders. of stakeholders. This Thisgroup group advises advises NHDES NHDES on the typetype of of data data needed needed to to evaluate evaluate criteria criteria and and what what impacts impacts any changesany changes might might have onhave the on the regulated community. community. The The process process of ofchanging changing a standard a standard is normally is normally a multi-year a multi-year effort effortincluding including a a rigorous evaluation evaluation of of data, data, informal informal discussion discussion of criteria,of criteria, public public input input and aand formal a formal administrative administrative rule- rule- PFAS StateState WQ WQ Standards Standards Q&A Q&A March 27, 27, 2018 2018 Page 22 making. EPAEPA must must approve approve proposed proposed criteria criteria for forthem them to be to used be used in federal in federal permits permits and actions. and actions. The The entire processprocess usually usually takes takes a numbera number of yearsof years from from start start to finish. to finish.

Why notnot useuse another another state's state's standards? standards? A number of of states states are are looking looking into into surface surface water water quality quality standards for for PFAS. PFAS. Only Only one one state, state, Michigan, Michigan, has has actually actually promulgated promulgated water water quality quality criteria. criteria. While itWhile it is very helpfulhelpful that that other other states states have have dedicated dedicated resources resources to this to thisissue, issue, it is notit is clear not clearthat any that state any has state has gone through the the rigorous rigorous vetting vetting process process that that would would normally normally occur occur to develop to develop EPA EPA304(a) 304(a) guidance. guidance. This isis problematic,problematic, because because NHDES NHDES would would have have to todefend defend any any challenges. challenges. NHDES NHDES would would need need to ensure to ensure that thethe criteria criteria were were developed developed with with the the latest latest science, science, addressing addressing impacts impacts to NH-specific to NH-specific uses anduses and conditions (eg.,(eg., thethe fish fish species species that that actually actually live live here), here), and and with with the theproper proper assumptions. assumptions.

What resourcesresources would would be be needed needed to tocreate create a state a state standard? standard? NHDES NHDES has has a a numbernumber of of water water quality quality standards that that are are under under some some stage stage of update.of update. Existing Existing staff staff are fully are fullyengaged engaged on those on thosestandards, standards, each ofof whichwhich hashas a a constituency constituency demanding demanding action. action. NHDES NHDES also also lacks lacks some some of the of necessarythe necessary professional expertise. expertise. Additional Additional resources resources and and expertise expertise would would be needed. be needed. NHDES NHDES estimates estimates that that hiring aa consultant consultant to to conduct conduct the the research research and and outreach outreach necessary necessary to develop to develop a standard a standard would wouldcost cost about $100,000$100,000 andand take take about about 18 18 months months to tocomplete complete (much (much of that of that time time for robust for robust public public engagement). ItIt isis notnot feasible forfor NHDES NHDES to to develop develop a defensiblea defensible standard standard without without additional additional resources. Voting Members: N.H. Lakes ManagementManagement and and Protection Protection Program Program David Packard Chair NH Lakes Assn. N.H. LakesLakes Management Management Advisory Advisory Committee Committee Michael Hodder Vice Chair Planning Boards March 27, 2018 Bruce Allen Conservation The Honorable Chris Christensen Commissions Chair, House Resources, Recreation and Development Committee Mark Borrin Legislative Office Building, Room 305 Tourism Industry Concord, NH 03301 Shane Bradt Scientific Community Linda Brownson RE: SB 309 An act relative to standards for perfluorochemicals in drinking State Conservation water, ambient groundwater, and surface water. Committee Frederick Clews NH Fish & Game Dear Chair Christensen and Members of the Committee: Commission Edmund Crawford The Lakes Management Advisory Committee (LMAC) appreciates the Marine Trades opportunity to comment on Senate Bill 309, which seeks to set or update Association drinking water, groundwater, and surface water standards for four poly- Tiffany Grade Conservation and perfluoroalkyl substances (PFAS). The LMAC opposes the deadlines Community imposed by this bill. Kimberly Hallquist Municipal Official As a committee charged with overseeing the management of lakes for Frank Lemay their recreational, scenic, water quality and wildlife habitat characteristics, NH Business and Industry Association the LMAC is primarily concerned with the portions of this bill that propose Richard Smith to set a state standard for PFAS in surface water and revise the standard Fishing Interests for groundwater. The LMAC agrees that it is important to regulate PFAS in Mary TruelTruell I the state's surface waters and groundwater given the contamination that NH Association of Realtors has been discovered in several locations throughout New Hampshire in Non-Voting Members: the last two years. The committee also supports the legislation's aim of Capt. Tim Dunleavy utilizing peer-reviewed science and government studies to set standards NH Dept. of Safety for PFAS that will protect the health of humans, fish, and wildlife. Given Eric Feldbaum the magnitude and importance of this work, however, the LMAC suggests NH Dept. of Resources that both funding and additional time will be required to research the and Econ. Dev. health risks, for both people and wildlife, associated with drinking and Jennifer Gilbert NH Office of Energy contacting water with various levels of PFAS in a rigorous and effective & Planning manner while also allowing time for public and stakeholder input into the Garret Graaskamp process. NH Fish & Game Dept. Mark HemmerleinHemmeriein NH Dept. of Trans. The LMAC is a legislatively created body charged to work with the New Hampshire Department of Environmental Services (NHDES) to administer David Rousseau/Rousseau! Bob Wolff RSA 483-A, the Lakes Management and Protection Program. The NH Dept. of Governor and Council appointed Committee is comprised of 19 members Ag, Markets & Food representing academia, business,-conservationbusiness, conservation organizations, lake Staff: Tracie Sales associations, tourism, fish and game commission, marine trades, realtors, Rivers & Lakes Programs municipal government as well as several state agencies. Among its other Manager, NHDES

Kathy Black Rivers & Lakes Programs 29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-2959; Fax 271-7894 Assistant, NHDES http://des.nh.qov/orqanization/divisions/water/wmb/dvers/rmac/index,htmhttp://des,nh,qoviorganization/divisions/water/wrnb/rivers/rmac/index.htm The Honorable Chris Christensen Chair, House Resources, Recreation and Development Committee SB 309 March 27, 2018 Page 2 responsibilities, the LMAC reviews legislation relevant to the Program and the state's lakes and ponds, and advises the NHDES Commissioner on the merits of such legislation.

In conclusion, the LMAC opposes the timelines imposed by Senate Bill 309 due to the limited amount of information available on the impacts of PFAS and the short deadlines proposed in the bill in which to collect, synthesize, and report this information to New Hampshire's residents.

Should you have further questions about this testimony, please feel free to contact me at (603) 634-2299 or david.packardqraniteshorepower.comdavid.packardgraniteshorepower.com.

Sincerely,

0.;)P

David Packard Chair ec: Sen. Daniel Innis Sen. Kevin Avard Sen. Regina Birdsell Sen. Jeb Bradley Sen. Sharon Carson Sen. Dan Feltes Sen. William Gannon Sen. Martha Fuller Clark Sen. Ruth Ward Rep. Philip Bean Rep. J. Tracy Emerick Rep. Henry Marsh Rep. Mindi Messmer Rep. Kate Murray LMAC Representatives Governor Chris Sununu Robert R. Scott, Commissioner, NHDES Eugene Forbes, Director, Water Division, NHDES Ted Diers, Administrator, Watershed Mgmt. Bur., NHDES Tracie Sales, Rivers and Lakes Programs Manager, NHDES

29 Hazen Drive; PO Box 95; Concord, NH 03302-0095; Tel: 271-8811; Fax 271-7894 http://des.nh.qov/orcianization/divisions/water/wmb/rivers/rmac/index.htmhtto://des.nh.goviorganization/divisions/water/wrnb/rivers/rmac/index.htm STATE OFOF NEW NEW HAMPSHIRE HAMPSHIRE OFFICE OF OF THE THE GOVERNOR GOVERNOR

CHRISTOPHER T. T. SUNUNU SUNUNU Governor

April 3,3, 20182018

Chair Christensen Christensen and and Honorable Honorable Representatives Representatives Resources, Recreation,Recreation, and and Development Development Committee Committee New Hampshire House House of of Representatives Representatives Statehouse Concord, NH, NH, 03310 03310

Dear ChairChair Christensen Christensen and and Members Members of theof theCommittee, Committee,

Senate BillBill 309309 (SB309) (0309) requires requires the DepartmentDepartment of of Environmental Environmental Services Services (DES) (DES) to establish to establish statewide drinkingdrinking water, water, ambient ambient groundwater groundwater quality, quality, and surfaceand surface water water quality quality standards standards for for perfluorochemicals (PFCs). (PFCs). PFCs PFCs are are a class a class of man-madeof man-made chemicals chemicals that thathave have long longbeen beenused inused in consumer products products for for their their water water repellent repellent qualities. qualities. PFCs PFCs have have been beenfound found in water in waterbodies bodies across across the country,country, including including here here in inNew New Hampshire. Hampshire. Scientists Scientists consider consider PFCs PFCs to be to emerging be emerging contaminants, and and human human health health imprecations imprecations of elevated of elevated exposure exposure to PFCs to PFCs have haveyet to yet be to be determined.

My administration is is committed committed to toensuring ensuring that that our ourpristine pristine natural natural environment, environment, that is sothat critical is so critical to our qualityquality of of life life and and public public health, health, is conservedis conserved and and enhanced enhanced for the for next the nextgeneration. generation. We are We are striving toto ensure ensure that that the the water water and and air airquality quality in New in New Hampshire Hampshire meet meetthe high the standardhigh standard that that Granite Staters Staters demand. demand. It isIt ais priority a priority of my of myadministration administration to ensure to ensure that every that Graniteevery Granite Stater has Stater has access to cleanclean safesafe drinking drinking water. water. I often I often say say it, it,but but it will it will always always ring ring true: true: when when you turnyou onturn your on your facet andand pour pour your your child child a glassa glass of ofwater, water, you you are are really really trusting trusting that thethat government the government did its didjob. its job. SB309 is a powerful tool tool enabling enabling DES DES to to establish establish the the standards standards necessary, necessary, to ensure to ensure that thethat the water comingcoming out out of of our our facets facets is isclean clean and and safe safe and and that that the thestate state government government is doing is doing its job. its job.

More sciencescience isis neededneeded in in order order to to determine determine the the true true health health implication implication of these of these emerging emerging contaminants contaminants — — New Hampshire will will be be at at the the forefront forefront of ofdoing doing that that science. science. Please Please get SB309get SB309 to my to deskmy desk and Iand will I will proudly sign sign it it into into law. law.

Sincerely,

Christopher T. T. Sununu Sununu Governor

107 North MainMain Street, Street, State State House House - Rm- Rm 208, 208, Concord, Concord, New New Hampshire Hampshire 03301 03301 Telephone (603) 271-2121271-2121 •• FAXFAX (603)(603) 271-7640271-7640 Website: http://www.governor.nh.gov/ httpi/www.governor.nh.gov/ • Email:• Email: [email protected] [email protected] TDD Access: RelayRelay NHNH 1-800-735-29641-800-735-2964

crc- -2.) SIGN UPUP SHEETSHEET

To RegisterRegister Opinion Opinion If If Not Not Speaking Speaking

Bill ## 30e1 - Date ko,rRae- c5-\ I aolgl S" Committee Re_ 5-_-_LAr TR-e_citaiiNs- -1 -4-

** Please PrintPrint All All Information Information ** ** (check one)one) Name Address Phone Representing Pro Con

SQNUASUVIOL6ikiirNr Pulfw aii\-& Cji,„& .1).-4.-4qq I1 )kA SZI4 , 554 ,,w,'/Th (COV,z,),,,,it) 56 d/i V / _ ?,,770.5 ;,,.. - --t-• '? v ,/ ‘P.)-,f) ,) ,/?4/22 ,,,4 it),,,o s, r L-7 L0.„i ,ax. ,,,,,,A1,A/ , - - - 'aa 4._c-Q „...4 6 'll g2- 9 • ,j(tf <---iL kt-Z-S .)--(4----- Z' 11)2 U1 . CCraf NS I\i . -2_0sS2-()SS W)AWAu-Q LN P(S)'`c_ Ma\ckhol)a_T \ \c. Y1 v/ eov\ l i pPe\i"A\(c- cJo,\-. i0,1 leK,,,„),f,, 1,1/0c.) (A.1 f k t v }4I R j i c: -_, bc4-)C111-14\ 1.1luvo-i-th 1R1W *1 R;;,,,I-I24., 14;24\ ASOcti)icil/-)soc, , ,,,,,, '1 \/ G--Q-tteet.G4244-a.r r DA.at-i-t- 4- liil A\S 4:t# 2_ L1t4ii-— 1/v./

lAkilit. • ‘0I'\7y',1/11iL_ viOL \'s X7AIL& 1/ '_0-t4(qD 1* ( q Fiscal NoteNote LBAO 18-2838 12/19/17

SB 309-FN- FISCALFISCAL NOTE NOTE • AS INTRODUCED

AN ACT relative toto standards standards for for perfluorochemicals perfluorochemicals in drinking in drinking water, water, ambient ambient groundwater, and and surface surface water. water.

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

Estimated Increase Increase / /(Decrease) (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase Funding Source: ' [X][X] General _P-••:,, [ EducatioEducation' L ] HighwayHighwa ; ] OtherOther.' . , • Pr :•,

COUNTY: Revenue $0 $0 $0 $0 • Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase

LOCAL: Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase

METHODOLOGY: This billbill requiresrequires the the commissioner commissioner of ofthe the Department Department of Environmental of Environmental Services Services to adopt to adopt a a state drinkingdrinking water water standard standard relative relative to perfluorochemicals to perfluorochemicals (PFCs); (PFCs); establish establish ambient ambient groundwater quality quality standards standards relative relative to PFCs; to PFCs; and andestablish establish surface surface water waterquality quality standards standards relative toto PFCs. PFCs.

Regarding section section 1 1 of of the the bill, bill, the the Department Department of Environmentalof Environmental Services Services indicates indicates there there are are approximately 4,200 4,200 active active sources sources of of water water for for public public water water systems systems that thatwill willneed need to be to be sampled routinelyroutinely if if a aMaximum Maximum Contaminant Contaminant Level Level (MCL) (MCL) is adopted. is adopted. The frequencyThe frequency of of sampling wouldwould be be increased increased or or decreased decreased based based on onprevious previous monitoring monitoring results results from froma given a given source. LaboratoryLaboratory costs costs for for perfluorinated perfluorinated compounds compounds ranges ranges from from $180 $180to $400 to $400per sample. per sample. Therefore a a single single round round of of sampling sampling for for locals, locals, counties counties and and other other entities entities that ownthat orown operate or operate public waterwater systems systems would would range range from from $756,000 $756,000 to to$1,680,000 $1,680,000 or orhigher higher depending depending on how on howlow low the standardstandard is is set. set. The The impact impact on on expenditures expenditures cannot cannot be determined be determined because because the frequency the frequency of of sampling andand the the number number of of water water sources sources exceeding exceeding the theMCL MCL cannot cannot be determined be determined in in advance. TheThe cost cost to to the the Department Department associated associated with with administering administering compliance compliance are are indeterminable for for the the same same reasons. reasons.

Regarding section section 2, 2, the the Department Department would would need need to independentlyto independently review review available available research research and analyzeanalyze whether whether that that research research warrants warrants revision revision of ambient of ambient groundwater groundwater quality quality standards standards (AGQS) onon anan annual annual basis basis for for perfluorooctanesulfate perfluorooctanesulfate (PFOS) (PFOS) and andperfluorooctanic perfluorooctanic acid (PFOA). acid (PFOA). The DepartmentDepartment assumes assumes an an additional additional Toxicologist Toxicologist IV, IV, labor labor grade grade 29, step 29, step4 position 4 position would would be be necessary, startingstarting on on July July 1, 1,2018 2018 with with the the following following estimated estimated costs: 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 SalarySalary & & Benefits: Benefits: $98,389 $103,080 $104,405 $109$109,4841484 Other Expenses: Expenses: Current Expenses 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,Charges, Training Training and and Telecommunications $9,112 $2,064 $2,064 $2,064 Total OtherOther Expenses: Expenses: $26,431 $14,320 $14,394 $14,474 Total: $124,820 $117,400 $118,799 $123,958

In addition,addition, a a potential potential reduction reduction in thein the current current AGQS AGQS for PFOA for PFOA and PFOS and PFOS may result may resultin in additional indeterminable indeterminable costs costs to tolocal local and and county county government government entities entities that holdthat groundwaterhold groundwater discharge or or management management permits permits such such as thoseas those associated associated with with landfills. landfills.

Regarding section section 3, 3, in in order order to to establish establish surface surface water water quality quality standards standards for PFCs, for PFCs, the the Department would would need need funds funds to tohire hire a contractor, a contractor, experienced experienced in PFCs in PFCs and the and EPA's the EPA's methodologies forfor developing developing aquatic aquatic life life and and human human health health surface surface water water quality quality criteria. criteria. The The contractor would would review review existing existing literature, literature, including including criteria criteria and assumptionsand assumptions used inused other in other states, andand develop develop a areport report with with defensible defensible aquatic aquatic life lifeand and human human health health surface surface water water criteria and and supporting supporting documentation documentation consistent consistent with with EPA EPA methodologies. methodologies. To accomplish To accomplish this this within 120120 days,days, as as required, required, the the Department Department assumes assumes the thecost cost would would exceed exceed $100,000. $100,000. For For surface waterwater quality quality standards, standards, the the cost cost to the to themunicipalities municipalities could could be significant, be significant, but but indeterminable. Many Many municipalities municipalities operate operate waste waste water water treatment treatment facilities facilities that discharge that discharge treated water water to to local local groundwater groundwater or surfaceor surface waters. waters. Should Should those those surface surface waters waters fail to failmeet to meet surface waterwater quality quality standards, standards, treatment treatment technologies technologies or industrial or industrial pretreatment pretreatment programs, programs, may needneed toto be be developed. developed. For For larger larger facilities, facilities, the the expense expense of thatof that treatment treatment could could be millions be millions of dollars. InIn addition, addition, some some municipalities municipalities have have firefighting firefighting or fire or firetraining training facilities facilities which which have thethe potentialpotential to to cause cause surface surface water water impairments, impairments, the remediationthe remediation cost forcost these for thesefacilities facilities could bebe high.high. For For counties, counties, the the cost cost is islikely likely to tobe be lower lower unless unless contamination contamination is found is found to to originate from from a acounty county facility. 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 poonpaquipaonpoim susu iltgIiig

SB 309-FN - AS AMENDED BYBY THETHE SENATE SENATE 03/08/2018 0973s 2018 SESSION 18-2838 08/10

SENATE BILLBILL 309-FN

AN ACT relative toto standards standards for for perfluorochemicals perfluorochemicals in drinking in drinking water, water, ambient ambient groundwater, and and surface surface water. water.

SPONSORS: Sen. Innis, DistDist 24; 24; Sen. Sen. Bradley, Bradley, Dist Dist 3; 3; Sen. Sen. Avard, Avard, Dist Dist 12; 12; Sen. Sen. Fuller Fuller Clark, Clark, Dist 21; Sen.Sen. Gannon,Gannon, Dist Dist 23; 23; Sen. Sen. Ward, Ward, Dist Dist 8; 8;Sen. Sen. Carson, Carson, Dist Dist 14; 14;Sen. Sen. Birdsell, DistDist 19;19; Sen. Sen. Feltes, Feltes, Dist Dist 15; 15; Rep. Rep. Messmer, Messmer, Rock. Rock. 24; 24; Rep. Rep. H. Marsh, Rock. 22;22; Rep.Rep. Emerick, Emerick, Rock. Rock. 21; 21; Rep. Rep. Bean, Bean, Rock. Rock. 21; 21; Rep. Rep. Murray, Murray, Rock. Rock. 24 24

COMMITTEE: Energy Energy and and Natural Natural Resources Resources

ANALYSIS

This bill:bill:

I. Requires the the commissioner commissioner of of the the department department of environmentalof environmental services services to adopt to adopt a state a state drinking water water standard standard relative relative to perflurochemicals.to perflurochemicals.

II. Requires the the commissioner commissioner of of the the department department of environmentalof environmental services services to establish to establish ambient ambient groundwater quality quality standards standards relative relative to perfluorochemicals. to perfluorochemicals.

III. Requires the the commissioner commissioner of of the the department department of environmentalof environmental services services to establish to establish surface surface water qualityquality standards standards relative relative to perfluorochemicals.to perfluorochemicals.

Explanation: Matter added added to to current current law law appears appears in bold in italics. Matter removed removed from from current current law law appears appears [' :[in-breekete-and-etreekthreughd • : " : Z Matter which which is is either either (a) (a) all all new new or or(b) (b) repealed repealed and and reenacted reenacted appears appears in regular in regular type. type.

SB 309-FN - AS AMENDED BYBY THETHE SENATE SENATE 03/08/2018 0973s 18-2838 08/10

STATE OFOF NEW NEW HAMPSHIRE HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen AN ACT relative toto standards standards for for perfluorochemicals perfluorochemicals in drinking in drinking water, water, ambient ambient groundwater, and and surface surface water. water.

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

1 1 New Subdivision; Contaminants Contaminants in inDrinking Drinking Water. Water. Amend Amend RSA RSA 485 485by inserting by inserting after after 2 section 16-d16-d thethe following following new new subdivision: subdivision: 3 Perfluorochemicals 4 485:16-e Perfluorochemicals. The The commissioner commissioner shall, shall, in consultationin consultation with with the commissionerthe commissioner of of 5 the departmentdepartment of of health health and and human human services services and and stakeholders, stakeholders, and noand later no thanlater January than January 1, 2019, 1, 2019, 6 initiate rulemakingrulemaking to to adopt adopt a maximuma maximum contaminant contaminant limit limit (MCL) (MCL) for perfluorooctanesulfonate for perfluorooctanesulfonate 7 (PFOS), perfluorooctanoicperfluorooctanoic acid acid (PFOA), (PFOA), perfluorononanoic perfluorononanoic acid acid (PFNA), (PFNA), and and 8 perfluorohexanesulfonic acid acid (PFHxS) (PFHxS) for for public public water water systems systems regulated regulated by this by chapter.this chapter. The The 9 commissioner shall shall consider consider the the standards standards of otherof other states, states, including including the science the science considered considered by states by states 10 with standardsstandards lower lower than than those those contained contained in healthin health advisories advisories from from the United the United States States 11 Environmental Protection Protection Agency. Agency. The The commissioner commissioner shall shall adopt adopt MCLs MCLs that reasonablythat reasonably protect protect 12 public health,health, particularly particularly prenatal prenatal and and early early childhood childhood health, health, and that and are that reasonably are reasonably supported supported 13 by peer reviewedreviewed science science and and independent independent or orgovernment government agency agency studies, studies, provided provided no MCL no MCL shall shall 14 exceed that contained contained in in any any MCL MCL promulgated promulgated by theby theUnited United States States Environmental Environmental Protection Protection 15 Agency. The commissionercommissioner shall shall annually annually review review the the newest newest peer peer reviewed reviewed science science and and 16 independent or or government government agency agency studies studies and and undertake undertake rulemaking rulemaking in order in orderto comply to comply with this with this 17 paragraph, if if necessary. necessary. 18 2 New Paragraph; Ambient Ambient Groundwater Groundwater Quality Quality Standards. Standards. Amend Amend RSA 485-C:6RSA 485-C:6 by inserting by inserting 19 after paragraphparagraph III III the the following following new new paragraph: paragraph: 20 IV. The commissionercommissioner shall, shall, in in consultation consultation with with the the commissioner commissioner of the of thedepartment department of of 21 health andand human human services services and and stakeholders, stakeholders, and and no later no later than thanJanuary January 1, 2019, 1, 2019,determine determine 22 whether to to revise revise the the ambient ambient groundwater groundwater quality quality standards standards for perfluorooctanesulfonate for perfluorooctanesulfonate (PFOS), (PFOS), 23 perfluorooctanoic acid acid (PFOA), (PFOA), perfluorononanoic perfluorononanoic acid acid (PFNA), (PFNA), and andperfluorohexanesulfonic perfluorohexanesulfonic acid acid 24 (PFHxS) establishedestablished in in rule rule in in order order to tocomply comply with with this this paragraph paragraph and shall and shallmake makepublic public his or herhis or her 25 determination. The The commissioner commissioner shall shall consider consider the the standards standards of other of other states, states, including including the science the science 26 considered by by states states with with standards standards lower lower than than those those contained contained in the in lifetime the lifetime health health advisory advisory 27 promulgated by by the the United United States States Environmental Environmental Protection Protection Agency. Agency. The commissionerThe commissioner shall adoptshall adopt 28 standards that that reasonably reasonably protect protect public public health, health, particularly particularly prenatal prenatal and early and childhood early childhood health, health, 29 and thatthat are are reasonably reasonably supported supported by peerby peer reviewed reviewed science science and independentand independent or government or government agency agency 30 studies, providedprovided no no standard standard shall shall exceed exceed that that contained contained in any in anystandard standard promulgated promulgated by the by the

SB 309-FN -- ASAS AMENDEDAMENDED BY BY THE THE SENATE SENATE -Page2-- Page 2 - 1I United States Environmental Protection Agency. If the commissioner determines that the standard 2 should be changed, the commissioner shall initiate rulemaking within 60 days of making the 3 determination. The commissioner shall annually review the newest peer reviewed science and 4 independent or government agency studies and undertake rulemaking in order to comply with this 5 paragraph, if necessary. 6 3 New Paragraph; Surface Water Quality Standards. Amend RSA 485-A:8 by inserting after 7 paragraph II-a the following new paragraph: 8 II-b. The commissioner shall, in consultation with stakeholders, and no later than January 9 1, 2020, establish a surface water quality standard for perfluorooctanesulfonate (PFOS), 10 perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid 11 (PFHxS) in Class A and Class B waters, if scientifically feasible. The commissioner shall consider 12 the standards of other states. The commissioner shall adopt standards that reasonably protect 13 public health, particularly prenatal and early childhood health, and that are reasonably supported 14 by peer-reviewed science and independent or government agency studies, provided no standard 15 shall exceed that contained in any standard promulgated by the United States Environmental 16 Protection Agency. If the commissioner determines that the standard should be changed, the 17 commissioner shall initiate rulemaking within 60 days of making the determination. The 18 commissioner shall annually review the newest peer-reviewed science and independent or 19 government agency studies and undertake rulemaking in order to comply with this paragraph, if 20 necessary.necessary. 21 4 Effective Date. This act shall take effect 60 days after its passage. 22 LBAO 18-2838 12/19/17

SB 309-FN- FISCAL NOTE NOTE AS INTRODUCED

AN ACT relative toto standards standards for for perfluorochemicals perfluorochemicals in drinking in thinking water, water, ambient ambient groundwater, and and surface surface water. water.

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

Estimated Increase Increase / (Decrease)/ (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Indeterminable Expenditures Increase Increase Increase Increase Funding Source: [X] General , [ ]J EducationEducation [ ] Highway [ ] Other

COUNTY: Revenue $0 $0 $0 $0 Expenditures Indeterminable Indeterminable Indeterminable Indeterminable Increase Increase Increase Increase

LOCAL: Revenue $0 $0 $0 $0 Expenditures Indeterminable Indeterminable Indeterminable Indeterminable Increase Increase Increase Increase

METHODOLOGY: This billbill requiresrequires the the commissioner commissioner of ofthe the Department Department of Environmental of Environmental Services Services to adopt to adopt a a state drinkingdrinking water water standard standard relative relative to perfluorochemicals to perfluorochemicals (PFCs); (PFCs); establish establish ambient ambient groundwater quality quality standards standards relative relative to PFCs; to PFCs; and andestablish establish surface surface water waterquality quality standards standards relative toto PFCs. PFCs.

Regarding section section 1 1of of the the bill, bill, the the Department Department of Environmentalof Environmental Services Services indicates indicates there thereare are approximately 4,200 4,200 active active sources sources of of water water for for public public water water systems systems that thatwill willneed need to be to be sampled routinelyroutinely if if a aMaximum Maximum Contaminant Contaminant Level Level (MCL) (MCL) is adopted. is adopted. The frequencyThe frequency of of sampling wouldwould be be increased increased or or decreased decreased based based on onprevious previous monitoring monitoring results results from froma given a given source. LaboratoryLaboratory costs costs for for perfluorinated perfluorinated compounds compounds ranges ranges from from $180 $180to $400 to $400per sample. per sample. Therefore a a single single round round of of sampling sampling for for locals, locals, counties counties and and other other entities entities that ownthat orown operate or operate public waterwater systems systems would would range range from from $756,000 $756,000 to to$1,680,000 $1,680,000 or orhigher higher depending depending on how on how low low the standardstandard is is set. set. The The impact impact on on expenditures expenditures cannot cannot be determined be determined because because the frequency the frequency of of sampling andand the the number number of of water water sources sources exceeding exceeding the theMCL MCL cannot cannot be determined be determined in in Committee Report REGULAR CALENDAR

April 18, 2018

The Committee on Finance to which was referred SB

309-FN,

AN ACT (New Title) relative to standards for

perfluorochemicals in drinking water, ambient

groundwater, and surface water. Having considered the

same, report the same with the following amendment,

and the recommendation that the bill OUGHT TO PASS

WITH AMENDMENT.

Original: House Clerk Cc: Committee Bill File COMMITTEE REPORT

Committee: Finance Bill Number: SB 309-FN Title: (New Title) relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. D ate: April 18, 2018 Consent Calendar: REGULAR Recommendation: ....OUGHT:::TQRASS:WITH.:AMMSrDMENTi 20:184580h.

STATEMENT OF INTENT

This bill, as amended, includes the policy previously passed by a voice vote in the House. It allows the Department of Environmental Services (DES) to regulate the air emissions of perfluorinated compounds (PFCs) or their precursors in circumstances where they cause or contribute to or have the potential to cause or contribute to exceeding a groundwater or surface water standard through the deposit of such pollutants from the air. It clarifies the basis for and requires periodic review of ambient groundwater quality standards and directs the department to evaluate the ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS) and to set ambient groundwater quality standards for perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). It establishes criteria for setting maximum contaminant limits for public drinking water systems and directs the department to set maximum contaminant limits for PFOA, PFOS, PFNA, and PFHxS. It includes a provision that requires DES to establish a plan for determining ambient groundwater standards in order to protect groundwater and drinking water. Finally, it adds and funds two positions to undertake the required work.

Vote 26-0.

Rep. Lynne Ober FOR THE COMMITTEE

Original: House Clerk Cc: Committee Bill File REGULAR CALENDAR

Finance SB 309-FN, (New Title) relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water. OUGHT TO PASS WITH AMENDMENT. Rep. Lynne Ober for Finance. This bill, as amended, includes the policy previously passed by a voice vote in the House. It allows the Department of Environmental Services (DES) to regulate the air emissions of perfluorinated compounds (PFCs) or their precursors in circumstances where they cause or contribute to or have the potential to cause or contribute to exceeding a groundwater or surface water standard through the deposit of such pollutants from the air. It clarifies the basis for and requires periodic review of ambient groundwater quality standards and directs the department to evaluate the ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS) and to set ambient groundwater quality standards for perfluorononanoic acid (PFNA) and perfiuorohexanesulfonic acid (PFHxS). It establishes criteria for setting maximum contaminant limits for public drinking water systems and directs the department to set maximum contaminant limits for PFOA, PFOS, PFNA, and PFHxS. It includes a provision that requires DES to establish a plan for determining ambient groundwater standards in order to protect groundwater and drinking water. Finally, it adds and funds two positions to undertake the required work. Vote 26-0.

Original: House Clerk Cc: Committee Bill File SB 309-FN

OTP/A

(1580h)

26-0 Regular

Ober

This bill, as amended, includes the policy previously passed by a voice vote in the House. It allows the Department of Environmental Services (DES) to regulate the air emissions of perfluorinated compounds (PFCs) or their precursors in circumstances where they cause or contribute to or have the potential to cause or contribute to exceeding a groundwater or surface water standard through the deposit of such pollutants from the air. It clarifies the basis for and requires periodic review of ambient groundwater quality standards and directs the department to evaluate the ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and perfluoroctanesulfonic acid (PFOS) and to set ambient groundwater quality standards for perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). It establishes criteria for setting maximum contaminant limits for public drinking water systems and directs the department to set maximum contaminant limits for PFOA, PFOS, PFNA, and PFHxS. It includes a provision that requires DES to establish a plan for determining ambient groundwater standards in order to protect groundwater and drinking water. Finally, it adds and funds two positions to undertake the required work. wogs fugoA HOUSE COMMITTEE ON FINANCE

EXECUTIVE SESSION on SB 309-FN

BILL TITLE: (Second 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.

DATE: April 18, 2018

LOB ROOM: 210-211

MOTIONS: OUGHT TO PASS WITH AMENDMENT Moved by Rep. L. Ober Seconded by Rep. Emerick AM Vote: 26-0

Amendment # 1580 Moved by Rep. L. Ober Seconded by Rep. Emerick Vote: 26-0

CONSENT CALENDAR: NO

Statement of Intent: Refer to Committee Report

Respectfully submitted,

Rep Kenneth Weyler, Clerk

HOUSE COMMITTEE ON FINANCE

EXECUTIVE SESSION on SB 309-FN

BILL TITLE: (New Title) relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.

DATE:

LOB ROOM: 210-211

MOTION: (Please check one box)

O OTP ❑ ITL O Retain (1st year) Adoption of Amendment # ff O Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP OTP/A 0 ITL O Retain (1st year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered) --0 Moved by Rep. tel— Seconded by Rep. (N Vote: fe‘

MOTION: (Please check one box)

O OTP ❑ OTP/A ❑ ITL 0 Retain (18' year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

MOTION: (Please check one box)

❑ OTP ❑ OTPIA 0 ITL CI Retain (18' year) 0 Adoption of Amendment # 0 Interim Study (2nd year) (if offered)

Moved by Rep. Seconded by Rep. Vote:

CONSENT CALENDAR: YES NO 7< Minority Report? Yes No If yes, author, Rep: Motion

c- ice Respectfully submitted: Kenneth Weyler erk STATE OF NEW HAMPSHIRE 1/5/2018 10:28:56 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

FINANCE

Bill #: SP 309 Title:

PH Date: / I Exec Session Date:

Motion: •‹) 7- /0-4 Amendment #: 145

MEMBER YEAS NAYS

Kurk, Neal M. Chariman we6; Ober, Lynne M. Vice Chairman I Weyler, Kenneth L. Clerk 2 Allen, Mary M. 3 Umberger, Karen C. °Y Twombly7TinTothy L. Al c_ (fa i- /dcr 5` Byron, Frank A. Danielson, David J. 7 Emerick, J. Tracy 4' Spanos, Peter J. 9 Renzullo, Andrew Theberge, Robert L. 1 / Bates, David M. /,/3 Hennessey, Erin T. Griffin, Gerald /A/ Wanner, Mary Jane / 5- Nordgren, Sharon /Z Eaton, Daniel A. / 7 Smith, Marjorie K. / W Rosenwald, Cindy 0 Leishman, Peter R. 20 Buco, Thomas L. / Hatch, William A. ;?, Rogers, Katherine D. 71 Wain Robert M. C7 h &-71e7, Lovejoy, Patricia T. /— TOTAL VOTE: 6 o

Page: 1 of 1 Work Session Minutes HOUSE COMMITTEE ON Finance

DIVISION I WORK SESSION ON SB 309-FN

BILL TITLE: (Second 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.

DATE: April 17, 2018

ROOM: 210-211 Time Work Session Called to Order: 1:20

Time Adjourned: 1:30

(please circle if present)

Committee Members: L. Ober, Emerick, Leishman, Spanos, G. Griffin, Hatch and Lovejoy, McCarthy (for Twombly)

Bill Sponsors: Sen. Innis Sen. Bradley Sen. Avard Sen. Fuller Clark Sen. Gannon Sen. Ward Sen. Carson Sen. Birdsell Sen. Feltes Rep. Messmer Rep. H. Marsh Rep. Emerick Rep. Bean Rep. Murray

TESTIMONY

OTP/A #2018-1580

Motion: Ober Seconded: Emerick

Vote: 8-0

Respectfully Submitted,

Rep Peter Leishman Clerk, Division I STATE OF NEW HAMPSHIRE 1/5/2018 10:29:06 AM OFFICE OF THE HOUSE CLERK Roll Call Committee Registers Report 2018 SESSION

FIN-DIV1

Bill #: 5(25 -13 4 f\! Title:

PH Date: 1 /7 / /7 Exec Session Date: Motion. oT r /4 Amendment #: 0( FO

MEMBER YEAS NAYS

Ober, Lynne M. Chariman cP Emerick, 1 Tracy Vice Chairman i Leishman, Peter R. Clerk _ Kurk, Neal M.

T-w-orn-13]y, Timothy L. Mc Ce,„, t„,y 3 Spanos, Peter J. (1 Griffin, Gerald "--- Hatch, William A. -C Walsh, Robert M. Lovejoy, Patricia T. 7 TOTAL VOTE:

Page: 1 of 1 HOUSE COMMITTEE ON Finance

DIVISION I WORK SESSION ON SB 309-FN

BILL TITLE: (New Title) relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.

DATE: April 17, 2018 • ROOM: 212 Time Work Session Called to Order: /

Time Adjourned: 7:3 0

(please circle if present ,z4e fC ti M Committee Members Emericki hman ,„Kuck,--Twombly, Griffin (flatcl; .4.,Walsh an

Bill Sponsors: Sen. Innis Sen. Bradley Sen. Avard Sen. Fuller Clark Sen. Gannon Sen. Ward Sen. Carson Sen. Birdsell Sen. Feltes Rep. Messmer Rep. H. Marsh Rep. Emerick Rep. Bean Rep. Murray

TESTIMONY

* Use asterisk if written testimony and/or amendments are submitted.

House Finance April 17, 2018 2018-1580h 08/10

Amendment to SB 309-FN

1 Amend the title of the bill by replacing it with the following: 2 3 AN ACT regulating groundwater pollution caused by polluting emissions in the air and relative 4 to standards for perfluorochemicals in drinking water, ambient groundwater, and 5 surface water. 6 7 Amend the bill by replacing all after the enacting clause with the following: 8 9 1 New Subparagraph; Rulemaking; Air Contaminant Impacts on Soil and Water. Amend RSA 10 125-C:4, I by inserting after subparagraph (s) the following new subparagraph: 11 (t) The determination of air contaminants subject to regulation, applicability thresholds, 12 determination of best available control technology, and procedures to determine potential impacts of 13 the deposit of such contaminants from the air on soils or water resources to implement RSA 125- 14 C:10-e. 15 2 New Section; Requirements for Air Emissions of Perflourinated Compounds Impacting Soil 16 and Water. Amend RSA 125-C by inserting after section 10-d the following new section: 17 125-C:10-e Requirements for Air Emissions of Perfluorinated Compounds Impacting Soil and 18 Water. 19 I. For the purposes of this section: 20 (a) "Best available control technology" means "best available control technology" as 21 defined in RSA 125-C:10-b, I(a). 22 (b) "Ambient groundwater quality standard" means "ambient groundwater quality 23 standard" as defined in RSA 485-C:2, I. 24 (c) "Surface water quality standard" means "surface water quality standard" established 25 in or pursuant to RSA 485-A. 26 (d) "Perfluorinated Compounds" or "PFCs" means the list of compounds identified in 27 paragraph 1.1 of Environmental Protection Agency Document#: EPA/600/R-08/092 Method 537. 28 "Determination of Selected Perfluorinated Alkyl Acids in Drinking Water by Solid Phase Extraction 29 and Liquid Chromatography/Tandem Mass Spectrometry (LC/MS/MS)", Version 1.1 (September 30 2009). 31 (e) "Precursor" means any substance that has been shown by sound science to be 32 transformed into a PFC under ambient conditions reasonably expected to occur in New Hampshire. 33 II. A device that emits to the air any PFCs or precursors that have caused or contributed to

Amendment to SB 309-FN - Page 2 -

1 an exceedance of an ambient groundwater quality standard or surface water quality standard as a 2 result of the deposition of any such PFCs or precursors from the air, shall be subject to the 3 determination and application of best available control technology. Within 6 months of the 4 department determining that the device is subject to such control technology, the owner of the 5 device shall submit to the department an application for a permit. Within 12 months of permit 6 issuance, the applicant shall complete construction and installation of controls consistent with the 7 permit. Operation of the source may continue through the permitting, construction, and 8 installation time period. A source which can demonstrate to the department that its device no 9 longer contributes to an exceedance of an ambient groundwater quality standard or surface water 10 quality standard shall be exempt from this section. 11 III. The construction, installation, or modification of any device that has the potential, 12 based on an applicability threshold adopted by the department, to cause or contribute to an 13 exceedance of an ambient groundwater quality standard or surface water quality standard as a 14 result of the deposition of any PFCs or precursors from the air, shall be prohibited without first 15 applying for and obtaining a permit from the department that establishes emission limitations for 16 such device based on best available control technology. 17 IV. Part of the initial application for a permit under this section shall include an analysis of 18 best available control technology for controlling emissions. Any permit issued shall contain 19 inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit 20 are met. 21 V. Any determination of best available control technology under this section shall be subject 22 to the following: 23 (a) In no event shall application of best available control technology result in: 24 (1) Emission of any air contaminant that would exceed the emissions allowed by any 25 applicable standard under RSA 125-C or RSA 125-1 or rules adopted pursuant to either chapter. 26 (2) Emission of any air contaminant subject to this section in an amount 27 disproportionate to the emissions of such air contaminant from other similar air pollution control 28 devices for that air contaminant at facilities using similar technology. 29 (3) Emission of any air contaminant subject to this section which causes or 30 contributes to or has the potential to cause or contribute to an exceedance of an ambient 31 groundwater quality standard or surface water quality standard, as a result of the deposition of the 32 contaminant from the air. 33 (b) If the department determines that the facility has more than one device that emits 34 air contaminants subject to this section, the department shall determine best available control 35 technology emission limitations for each such device. 36 VI. This section shall only pertain to PFCs for which at least one study has been conducted 37 in accordance with generally accepted scientific principles that demonstrates that the PFC of

Amendment to SB 309-FN Page 3 -

1 concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, 2 reproductive, or developmental health effects in humans as a result of exposure to such PFC. The 3 implementation of this section shall only rely upon standards that are based on federal maximum 4 contaminant levels, health advisories, provisional health advisories; standards that are derived 5 from federally published toxicological data; or more restrictive New Hampshire state standards. 6 3 New SUbparagraph; Statement of Purpose. Amend RSA 485:1, II by inserting after 7 paragraph (h) the following new subparagraph: 8 (i) Adopt primary drinking water standards by establishing maximum contaminant 9 limits or treatment techniques. 10 4 Drinking Water Rules. Amend RSA 485:3, I(b) to read as follows: 11 (b) After consideration of the extent to which the contaminant is found in New 12 Hampshire, the ability to detect the contaminant in public water systems, the ability to 13 remove the contaminant from drinking water, and the costs and benefits to affected 14 parties that will result from establishing the standard, a specification for each contaminant of 15 either: 16 (1) A maximum contaminant level that is acceptable in water for human 17 consumption 18 systems]; or 19 (2) One or more treatment techniques or methods which lead to a reduction of the 20 level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the 21 level of such contaminant in water in the public water system; and 22 5 New Subdivision; Perfluorochemicals. Amend 485 by inserting after section 16-d the 23 following new subdivision: 24 Perfluorochemicals 25 485:16-e Perfluorochemicals. By January 1, 2019, the commissioner shall, in consultation with 26 the commissioner of the department of health and human services and other interested parties, 27 initiate rulemaking in accordance with RSA 541-A to adopt a maximum contaminant limit for 28 perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), 29 and perfluorohexanesulfonic acid (PFHxS). 30 6 Ambient Groundwater Quality Standards. Amend RSA 485-C:6 to read as follows: 31 485-C:6 Ambient Groundwater Quality Standards. 32 I. The commissioner shall establish and adopt ambient groundwater quality standards for 33 regulated contaminants which adversely affect human health or the environment. Ambient 34 groundwater standards shall apply to all regulated contaminants which result from human 35 operations or activities, but do not apply to naturally occurring contaminants. Where state 36 maximum contaminant levels have been adopted under RSA 485:3, 1(b), ambient 37 groundwater quality standards shall be equivalent to such standards. Where federal

Amendment to SB 309-FN - Page 4 -

1 maximum contaminant level or health advisories have been promulgated under the Federal Safe 2 Drinking Water Act or rules relevant to such act, ambient groundwater quality standards shall be 3 [eiffiv-ale-n-t--tel no less stringent than such standards. The commissioner may adopt 4 standards more stringent than federal maximum contaminant levels or health advisories 5 if, accounting for an adequate margin of safety to protect human health at all life stages, 6 including but not limited to pre-natal development, the commissioner determines federal 7 standards are insufficient for protection of human health. Where such standards are 8 established based upon health advisories that address cancer risks, the ambient groundwater 9 quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one 10 cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or 11 health advisory has been issued, the commissioner may adopt ambient groundwater quality 12 standards on a basis which provides for an adequate margin of safety to protect human health and 13 safety. 14 II. Health advisories that are adopted as ambient groundwater quality standards 15 shall be reviewed by the department at least every 5 years to determine if new research 16 warrants revising the current ambient groundwater quality standard. If the department 17 finds a revision is necessary it shall conduct rulemaking to adopt the revised standard. 18 III. Ambient groundwater quality standards shall be the water quality basis for issuance of 19 groundwater discharge permits under RSA 485-A: 13. 20 [ III.] IV. Except for discharges of domestic wastewater regulated under RSA 485-A:13 and 21 RSA 485-A:29, no person shall violate ambient groundwater quality standards. 22 V. By January 1, 2019, the commissioner shall, in consultation with the 23 commissioner of the department of health and human services and interested parties, 24 initiate rulemahing to adopt ambient groundwater quality standards for 25 perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). 26 VI. By January 1, 2019, the commissioner shall, in consultation with the 27 commissioner of the department of health and human services and interested parties, 28 conduct a review to determine whether current research warrants revising the existing 29 ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and 30 perfluorooctanesulfonic acid (PFOS). 31 7 Department of Environmental Services; Positions Established; Appropriation. There is 32 established within the department of environmental services one classified toxicologist position and 33 one classified human health risk assessor for the purposes of developing appropriate standards to 34 protect groundwater and drinking water quality under RSA 485-C. The sum necessary to pay the 35 salary, benefits, and other costs related to the positions established in this section is hereby 36 appropriated to the department of environmental services for the biennium ending June 30, 2019. 37 This appropriation shall be in addition to any other appropriations made to the department in the

Amendment to SB 309-FN - Page 5 -

1 biennium. The governor is authorized to draw a warrant for said sum out of any money in treasury 2 not otherwise appropriated. 3 8 Department of Environmental Services; Surface Water Quality Standards. The commissioner 4 of environmental services shall develop a plan, including a schedule and cost estimates, to establish 5 surface water quality standards for perfluorooctanesulfonate (PFOS), perfluorooctanoic acid 6 (PFOA), perfluorononanoic acid (PFNA), and perfluorohexanesulfonic acid (PFHxS) in class A and 7 class B waters for all designated uses. The commissioner shall submit the plan upon its completion, 8 but no later than January 1, 2020, to the house resources, recreation, and development committee 9 and the senate energy and natural resources committee. 10 9 Effective Date. 11 I. Sections 1 and 2 of this act shall take effect 60 days after its passage. 12 II. The remainder of this act shall take effect upon its passage. Amendment to SE 309-FN - Page 6 -

2018-1580h AMENDED ANALYSIS

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.

III. Clarifies the basis for and requires periodic review of ambient groundwater quality standards.

IV. 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).

V. 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).

VI. 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.

VII. Directs the department to, develop a plan, including a schedule and costs estimates, for to 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. As Amended by the House 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

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.

Explanation: Matter added to current law appears in bold italics. Matter removed from current law appears [ - : Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

SB 309-FN - AS AMENDED BY THE HOUSE 03/08/2018 0973s 12Apr2018... 1310h 18-2838 08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eighteen AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.

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

1 1 New Subparagraph; Statement of Purpose. Amend RSA 485:1, II by inserting after 2 paragraph (h) the following new subparagraph: 3 (i) Adopt primary drinking water standards by establishing maximum contaminant 4 limits or treatment techniques. 5 2 Drinking Water Rules. Amend RSA 485:3, 1(b) to read as follows: 6 (b) After consideration of the extent to which the contaminant is found in New 7 Hampshire, the ability to detect the contaminant in public water systems, the ability to 8 remove the contaminant from drinking water, and the costs to government entities that 9 will result from establishing the standard, a specification for each contaminant of either: 10 (1) A maximum contaminant level that is acceptable in water for human 11 consumption[, Z • : " : 12 systems]; or 13 (2) One or more treatment techniques or methods which lead to a reduction of the 14 level of such contaminant sufficient to protect the public health, if it is not feasible to ascertain the 15 level of such contaminant in water in the public water system; and 16 3 New Subdivision; Perfluorochemicals. Amend 485 by inserting after section 16-d the 17 following new subdivision: 18 Perfluorochemicals 19 485:16-e Perfluorochemicals. By January 1, 2019, the commissioner shall, in consultation with 20 the commissioner of the department of health and human services and other interested parties, 21 initiate rulemaking in accordance with RSA 541-A to adopt a maximum contaminant limit for 22 perfluorooctanoic acid (PFOA), perfluoroctanesulfonic acid (PFOS), perfluorononanoic acid (PFNA), 23 and perfluorohexanesulfonic acid (PFHxS). 24 4 Ambient Groundwater Quality Standards. Amend RSA 485-C:6 to read as follows: 25 485-C:6 Ambient Groundwater Quality Standards. 26 I. The commissioner shall establish and adopt ambient groundwater quality standards for 27 regulated contaminants which adversely affect human health or the environment. Ambient 28 groundwater standards shall apply to all regulated contaminants which result from human 29 operations or activities, but do not apply to naturally occurring contaminants. Where state

SB 309-FN - AS AMENDED BY THE HOUSE - Page 2 - 1 maximum contaminant levels have been adopted under RSA 485:3, 1(b), ambient 2 groundwater quality standards shall be equivalent to such standards. Where federal 3 maximum contaminant level or health advisories have been promulgated under the Federal Safe 4 Drinking Water Act or rules relevant to such act, ambient groundwater quality standards shall be 5 [esilaivalent—te] no less stringent than such standards. The commissioner may adopt 6 standards more stringent than federal maximum contaminant levels or health advisories 7 if, accounting for an adequate margin of safety to protect human health at all life stages, 8 including but not limited to pre-natal development, the commissioner determines federal 9 standards are insufficient for protection of human health. Where such standards are 10 established based upon health advisories that address cancer risks, the ambient groundwater 11 quality standards shall be equivalent to that exposure which causes a lifetime exposure risk of one 12 cancer in 1,000,000 exposed population. Where no federal or state maximum contaminant level or 13 health advisory has been issued, the commissioner may adopt ambient groundwater quality 14 standards on a basis which provides for an adequate margin of safety to protect human health and 15 safety. 16 II. Health advisories that are adopted as ambient groundwater quality standards 17 shall be reviewed by the department at least every 5 years to determine if new research 18 warrants revising the current ambient groundwater quality standard. If the department 19 finds a revision is necessary it shall conduct rulemaking to adopt the revised standard. 20 III. Ambient groundwater quality standards shall be the water quality basis for issuance of 21 groundwater discharge permits under RSA 485-A: 13. 22 [ III.] IV. Except for discharges of domestic wastewater regulated under RSA 485-A:13 and 23 RSA 485-A:29, no person shall violate ambient groundwater quality standards. 24 V. By January 1, 2019, the commissioner shall, in consultation with the 25 commissioner of the department of health and human services and interested parties, 26 initiate rulernahing to adopt ambient groundwater quality standards for 27 perfluorononanoic acid (PFNA) and perfluorohexanesulfonic acid (PFHxS). 28 VI. By January 1, 2019, the commissioner shall, in consultation with the 29 commissioner of the department of health and human services and interested parties, 30 conduct a review to determine whether current research warrants revising the existing 31 ambient groundwater quality standards for perfluorooctanoic acid (PFOA) and 32 perfluorooctanesulfonic acid (PFOS). 33 5 Department of Environmental Services; Positions Established; Appropriation. There is 34 established within the department of environmental services one classified toxicologist position and 35 one classified human health risk assessor for the purposes of monitoring groundwater under RSA 36 485-C. The sum necessary to pay the salary, benefits, and other costs related to the positions 37 established in this section is hereby appropriated to the department of environmental services for 38 the biennium ending June 30, 2019. This appropriation shall be in addition to any other

SB 309-FN - AS AMENDED BY THE HOUSE - Page 3 - 1 appropriations made to the department in the biennium. The governor is authorized to draw a 2 warrant for said sum out of any money in treasury not otherwise appropriated. 3 6 Department of Environmental Services; Surface Water Quality Standards. The commissioner 4 of environmental services shall, in consultation with stakeholders, develop a plan, including a 5 schedule and cost estimates, to establish surface water quality standards for 6 perfluorooctanesulfonate (PFOS), perfluorooctanoic acid (PFOA), perfluorononanoic acid (PFNA), 7 and perfluorohexanesulfonic acid (PFHxS) in class A and class B waters for all designated uses. 8 The commissioner shall submit the plan upon its completion, but no later than January 1, 2020, to 9 the house resources, recreation, and development committee and the senate energy and natural 10 resources committee. 11 7 Effective Date. This act shall take effect upon its passage. As Amended by the Senate LBAO 18-2838 Amended 3/13/18

SB 309-FN- FISCAL NOTE AS AMENDED BY THE SENATE (AMENDMENT #2018-0973s)

AN ACT relative to standards for perfluorochemicals in drinking water, ambient groundwater, and surface water.

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

Estimated Increase / (Decrease) STATE: FY 2019 FY 2020 FY 2021 FY 2022 Appropriation $0 $0 $0 $0 Revenue $0 $0 $0 $0 Indeterminable Indeterminable Indeterminable Expenditures Indeterminable Increase Increase Increase Increase Funding Source: [X] General [ ] Education [ ] Highway [ ] Other

COUNTY: Revenue $0 $0 $0 $0 Expenditures Indeterminable Indeterminable Indeterminable Indeterminable Increase Increase Increase Increase

LOCAL: Revenue $0 $0 $0 $0 Expenditures Indeterminable Indeterminable Indeterminable Indeterminable Increase Increase Increase Increase

METHODOLOGY: This bill requires the commissioner of the Department of Environmental Services to adopt a state drinking water standard relative to perfiuorochemicals (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: 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 DolT 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