New Hampshire PFAS Bill Signed Into Law | Integral Consulting Inc.

August 2nd^andGov. Chris Sununu of New Hampshire signed House Bill 1649, which bans the sale of certain products with intentionally added PFAS starting Jan. 1, 2027. Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are a class of widely used chemicals that are common and persistent in the environment. Widely used in consumer products for their stain- and water-resistant properties, PFAS are commonly detected in drinking water throughout the United States. The restrictions do not cover unintentional contamination that may occur during manufacturing or transportation. Affected products include:

• Carpets or rugs
• Cosmetics
• Feminine hygiene products
• Food packaging and containers
• Textile processing
• Products for children

Products that are not covered by the Act include electronic devices, mobile phones, game consoles, portable video screen devices, computer peripherals, medical devices and adult mattresses.

Other products exempt from the regulations include:

• Resale of products or spare parts manufactured before 2027;
• Products for which federal law supersedes state law;
• Products regulated by the FDA as drugs or medical devices;
• Products or substances approved as substitutes under significant new alternatives; and
• US EPA policy program. Covers products that have 85% recycled content.

The Department of Environmental Services is responsible for implementing, administering, and enforcing the restrictions. Upon request from the Department of Environmental Services, product manufacturers or suppliers must provide certificates of compliance stating that the product does not contain intentionally added PFAS. If a product manufacturer or supplier reformulates or creates a new product, it must provide a revised or new certificate of compliance for such reformulated or new product to the state.

State Clearing House

The Act establishes and implements a multi-authority clearinghouse within the Department of Environmental Services to assist in complying with the requirements of the Act and to coordinate applications and reviews of producers’ obligations under this section.

Consequences of strict liability

The law also amends existing law to allow the New Hampshire Attorney General to bring civil proceedings against facilities for certain PFAS contamination. Facilities could be held liable “for the containment, cleanup, restoration, or other remedial action related to the release or threatened release of hazardous waste or materials in accordance with applicable law and department regulations,” and potentially for cleanup costs or legal fees incurred by the state. The release of PFAS must result in a total cumulative concentration in groundwater or surface water of 10,000 ng/L (parts per trillion) or more of PFAS for which groundwater quality standards have been established under state or federal law. Public water systems and state water treatment plants are exempt from this new amendment. The governor vetoed House Bill 1415, which would have held PFAS facilities liable for releasing such chemicals into groundwater or surface water when the total cumulative concentration is 100 parts per trillion or more.

Reference: Sununu signs one bill on ‘forever chemicals,’ but vetoes another • New Hampshire Bulletin