New Hampshire Revised Statutes 125-C:10-e – Requirements for Air Emissions of Per and Polyfluoroalkyl Substances Impacting Soil and Water
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I. For the purposes of this section:
(a) “Best available control technology” means “best available control technology” as defined in N.H. Rev. Stat. § 125-C:10-b, I(a).
(b) “Ambient groundwater quality standard” means “ambient groundwater quality standard” as defined in N.H. Rev. Stat. § 485-C:2, I.
(c) “Surface water quality standard” means “surface water quality standard” established in or pursuant to RSA 485-A.
(d) “PFAS” means per and polyfluoroalkyl substances.
(e) “Precursor” means any substance that has been shown by sound science to be transformed into a PFAS under ambient conditions reasonably expected to occur in New Hampshire.
II. A device that emits to the air any PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.
III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.
IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.
V. Any determination of best available control technology under this section shall be subject to the following:
(a) In no event shall application of best available control technology result in:
(1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under N.H. Rev. Stat. Chapter 125-C or N.H. Rev. Stat. Chapter 125-I or rules adopted pursuant to either chapter.
(2) Emission of any air contaminant subject to this section in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar technology.
(3) Emission of any air contaminant subject to this section which causes or contributes to or has the potential to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard, as a result of the deposition of the contaminant from the air.
(b) If the department determines that the facility has more than one device that emits air contaminants subject to this section, the department shall determine best available control technology emission limitations for each such device.
VI. This section shall only pertain to PFAS for which at least one peer reviewed study has been conducted in accordance with generally accepted scientific principles that demonstrates that the PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such PFAS. The implementation of this section shall only rely upon standards that are based on federal maximum contaminant levels, health advisories, provisional health advisories, standards that are derived from federally published toxicological data, or more restrictive New Hampshire state standards.
(a) “Best available control technology” means “best available control technology” as defined in N.H. Rev. Stat. § 125-C:10-b, I(a).
Terms Used In New Hampshire Revised Statutes 125-C:10-e
- Air contaminant: soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof. See New Hampshire Revised Statutes 125-C:2
- Air pollution: the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property. See New Hampshire Revised Statutes 125-C:2
- Department: the department of environmental services. See New Hampshire Revised Statutes 125-C:2
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Emission: a release into the outdoor atmosphere of air contaminants. See New Hampshire Revised Statutes 125-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) “Ambient groundwater quality standard” means “ambient groundwater quality standard” as defined in N.H. Rev. Stat. § 485-C:2, I.
(c) “Surface water quality standard” means “surface water quality standard” established in or pursuant to RSA 485-A.
(d) “PFAS” means per and polyfluoroalkyl substances.
(e) “Precursor” means any substance that has been shown by sound science to be transformed into a PFAS under ambient conditions reasonably expected to occur in New Hampshire.
II. A device that emits to the air any PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.
III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.
IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.
V. Any determination of best available control technology under this section shall be subject to the following:
(a) In no event shall application of best available control technology result in:
(1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under N.H. Rev. Stat. Chapter 125-C or N.H. Rev. Stat. Chapter 125-I or rules adopted pursuant to either chapter.
(2) Emission of any air contaminant subject to this section in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar technology.
(3) Emission of any air contaminant subject to this section which causes or contributes to or has the potential to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard, as a result of the deposition of the contaminant from the air.
(b) If the department determines that the facility has more than one device that emits air contaminants subject to this section, the department shall determine best available control technology emission limitations for each such device.
VI. This section shall only pertain to PFAS for which at least one peer reviewed study has been conducted in accordance with generally accepted scientific principles that demonstrates that the PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such PFAS. The implementation of this section shall only rely upon standards that are based on federal maximum contaminant levels, health advisories, provisional health advisories, standards that are derived from federally published toxicological data, or more restrictive New Hampshire state standards.