New Hampshire Adopts MCLs for Four PFAS

Yesterday (July 22, 2020), New Hampshire’s Governor signed into law an Omnibus bill that included MCLs for four PFAS compounds.  The four MCLs will go into effect in 2022 and are presented below.

  • PFOA: 12 parts per trillion (ppt)
  • PFOS: 15 ppt.
  • PFHxS: 18 ppt.
  • PFNA: 11 ppt.

Background

On September 30, 2019 four PFAS MCLs adopted by the New Hampshire Department of Environmental Services went into effect.  That same day 3M, Plymouth Water and Sewer District, Resource Management Inc., and an individual filed a lawsuit requesting that the Court “declare invalid” the State’s PFAS standards.  On November 26, 2019, a judge in New Hampshire issued a preliminary injunction to halt implementation of the PFAS MCLs.  The injunction was based on the judge’s determination that the State had “not conducted an adequate cost-benefit analysis…”  The judge delayed his ruling until December 31, 2019 to allow either party to submit an appeal to the New Hampshire Supreme Court (“….the legal issues raised by the Plaintiffs’ challenge are complex, the importance of public health is paramount and the expense imposed by the proposed rule is significant”).   Meanwhile, during 2020 the New Hampshire House and Senate developed legislation addressing PFAS, including the four MCLs.

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About Dan Askenaizer

Dr. Askenaizer leads WQTS’ work on regulatory compliance support for many of our water agencies clients. Dr. Askenaizer tracks water quality and treatment regulations at the Federal and State levels and provides regulatory updates to our clients. Dr. Askenaizer has strong expertise in the development of Regulatory Monitoring and Compliance Plans (RMCPs), which he has completed for a number of water agencies. He has also been working on a number of projects dealing with the development of distribution system monitoring plans and review of nitrification control strategies. Prior to joining WQTS, Dr. Askenaizer was the Water Quality Manager for the Glendale Water and Power. Under his leadership, the Water Quality Group conducted a demonstration-scale study of chlorite for nitrification control and a pilot-scale study of biological treatment for removal of nitrate. Dan has 30 years of experience working on projects dealing with regulatory, water quality and public health issues. Dan has given numerous presentations at workshops and round-tables across the country for water utilities. Dan was instrumental in developing and implementing a Mentoring Program for water staff and was involved in a Sustainable Development team.