PFAS Remediation Loan Fund Program
House Bill 1264 (HB1264), signed by Governor Sununu in July 2020, enacted RSA 485-H, which provides for up to $50 million in loans for public water systems and wastewater facilities to address Per- and Polyfluoroalkyl Substances (PFAS) maximum contaminant level (MCL) violations that may occur as a result of new PFAS standards. The PFAS MCLs were also passed into law with the signing of HB1264, and compliance sampling for public water systems resumed in Quarter 4 of 2020 under Env-Dw 712 Monitoring for Organics.
The PFAS Remediation Loan Fund (PFAS RLF) is a low-interest loan program. It also offers 10% loan forgiveness for disadvantaged communities and up to 50% contingent reimbursement for all loan recipients if the State receives sufficient funds from PFAS contamination judgments or settlements. Any cost-effective efforts towards meeting the PFAS MCLs will be eligible as long as a no-cost or lower-cost option is not feasible. In order to administer the PFAS RLF, NHDES is in the process of establishing two new rules.
1. Env-Dw 1400 Per- and Polyfluoroalkyl Substances (PFAS) Remediation Loan Fund Program for Certain Public Water Systems is the newly proposed drinking water rule establishing the loan program for community and non-profit, non-transient public water systems with an exceedance of the running annual average for any of the four PFAS MCLs. This is an open enrollment program with a two-step application process – eligibility request and final application. Pending adoption of the rule, eligibility requests may begin to be accepted as soon as February 1, 2021.
2. Env-Wq 600 will be drafted in 2021 to establish the loan program for publicly-owned and non-profit wastewater and/or wastewater residual treatment or storage facilities that are required to treat effluent and residuals to achieve PFAS standards prior to discharge or disposal.