New Laws Limit Use Of Toxic PFAS Chemicals In New Hampshire

HAMPTON, NH — Banning certain use of the toxic perfluoroalkyl (PFAS) chemicals has been signed into law by Gov. Chris Sununu, who recently addressed the chemicals' hazard to the public's health and the environment. Two new laws now prohibit the use of PFAS in furniture, carpeting and firefighting foams. Sununu signed the bills into law at the Hampton fire station on Tuesday, surrounded by first-responders supporting the initiative.

The chemicals' contamination of local groundwater has made news in recent years, as elevated levels of PFAS were discovered in several New Hampshire communities, including Bedford, Merrimack and Portsmouth. The communities have taken steps to reduce the levels of the chemicals, and state officials recently proposed tighter drinking water standards. And after the passage of a bill earlier this year, a New Hampshire commission was formed to analyse the effects of PFAS exposure.

According to Sununu, the two bills signed Tuesday, SB 193 and SB 257, continue the efforts to prevent future spread of the chemical. Firefighter safety was at the forefront during the bill signing, as the use of PFAS will no longer be allowed in firefighting foams.

"Today's bill signing is all about pairing those efforts with our commitment to ensuring that New Hampshire's fire fighters are not needlessly exposed to hazardous chemicals," said Sununu on Tuesday. "There's certainly more to do, but this legislation is a step in the right direction."

Hampton Fire Chief Jameson Ayotte said the new laws are inherent in the safety of firefighters.

"These two bills are a step in the right direction, not just for protecting first responders, but in protecting the proliferation of these chemicals into our environment as well," said Ayotte.

The N.H. Department of Health and Human Services (DHHS) defines PFAS as a group of man-made chemicals that have been used for decades to manufacture household and commercial products. The chemicals are often found in the environment and do not break down easily. PFAS can move through soil, get into groundwater, and be carried through the air.

Many common products — particularly those that resist heat, water and oil — contain PFAS chemicals, including stain-resistant furniture, microwave popcorn bags, pizza boxes, floss, shampoos, non-stick cookware and waterproof clothing, according to DHHS.

Although effects of PFAS on humans have not been studied in full detail, studies suggest that exposure to the chemicals could lead to various health issues, including certain types of cancer, changes in thyroid hormone levels, lower birth weight for infants, higher cholesterol and changes in sex hormone levels that could affect reproductive development, the state's health officials have stated.

In Portsmouth, elevated levels of PFAS were discovered in a well serving Pease International Tradeport in 2014, causing the well to shut down. High levels of the chemicals were also found in groundwater samples at the former Coakley Landfill in North Hampton and Greenland in 2016.

The chemicals' contamination of Merrimack groundwater was also discovered in 2016. Officials have determined it was coming from Merrimack's Saint-Gobain Performance Plastics plant. And soon after the Merrimack discovery, elevated levels of PFAS were also found in groundwater of neighboring communities, including Bedford, Amherst, Litchfield and Londonderry.

Last year, Saint-Gobain agreed to pay for water line extensions to parts of Merrimack, Bedford and Litchfield to provide hundreds of residents with a new water source.

In response to concerns surrounding the contaminant, N.H. Department of Environmental Services (DES) recently proposed strict new standards for PFAS levels in drinking water. The new standards would be some of the strictest in the nation.

In May, New Hampshire entered two lawsuits against chemical and fire-retardant companies, seeking damages for cleaning up PFAS from groundwater and natural resources. The lawsuits aim to recover all costs associated with investigating, treating and monitoring the chemical's contamination of groundwater, surface water, wildlife, and other natural resources.

And with the passage of a bill earlier this year, New Hampshire Commission on the Environmental and Public Health Impacts of Perfluorinated Chemicals has formed to study the health and environmental impacts of PFAS' release into groundwater, air and soil. The commission will run through 2024.

More information regarding PFAS in New Hampshire is available through the DES.