HB 0754

AN ACT relative to the testing and certification of fluorine-bearing chemicals injected into the public water supply.

SPONSORS: Rep. Richardson, Ches 12; Rep. Seldin, Merr 17; Rep. Espiefs, Ches 19; Rep. M. Fuller Clark, Rock 36; Rep. French, Merr 3; Sen. O'Hearn, Dist 12, Sen. Prescott, Dist 19; Sen. Francoeur, Dist 14

This bill requires testing and certification of any fluorine-bearing chemical prior to its introduction into the public water supply of a municipality.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the testing and certification of fluorine-bearing chemicals injected into the public water supply.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Public Water Supply Protection Program; Testing of Fluorine-Bearing Chemicals. Amend RSA 485 by inserting after section 14 the following new section:

485:14-a Testing and Certification of Fluorine-Bearing Chemicals. A municipality which adopts a fluoridation program pursuant to RSA 44:16 or RSA 52:23 which affects any public water supply shall comply with the following requirements in conducting such program:

I. The fluorine-bearing chemical shall be of the type which, at the optimum concentration for addition into the public water supply, releases its total fluorine component as free fluoride anion.

II. Total release of the fluorine component shall be determined by testing actual potable water, including the configuration of chemical, additives, contaminants, and pH balance with first stage and second stage disinfectants, rather than with distilled water, produced following injection of the fluorine-bearing chemical.

III. In addition to the testing provisions set forth in RSA 485:45, the commissioner shall adopt rules, pursuant to RSA 541-A, relative to the taking of samples of fluorine-bearing chemicals to be injected into the public water supply. At a minimum, these rules shall provide for the following procedures:

(a) Samples shall be collected in clear, plastic, or rubber containers. Containers lined with acid-resistant plastic, wax, or rubber may also be used.

(b) If the acid is supplied in drums, 3 different 0.5 liter samples shall be taken from different layers of each drum, one each from the top, the middle, and the bottom. The drums must have stood undisturbed for a minimum of 48 hours. Samples shall not be combined.

(c) When the acid is delivered in a truck or tank car, at least 5 different 0.5 liter samples shall be taken from different layers of the container, at least one each from the top, middle, and bottom. Samples shall not be combined.

(d) All samples shall be sealed in airtight, moisture proof, plastic or rubber containers. Each sample shall be labelled to identify its origin, including the specific level from which it was taken, and the label shall be signed by the sampler.

IV. The analysis to determine the total release of the fluorine component shall be without the use of supplemental agents or methods employed to influence the release of fluoride from any fluorine-bearing chemical in which it still may be chemically bound.

V. The testing of actual potable water shall identify all compounds that are formed in the resulting water. The injected fluorine-bearing chemical shall be deemed not to qualify as completely released if the analysis yields any of the following:

(c) A product of a reaction of the injected fluorine-bearing chemical or its dissociation products with some other substance in the water, whether naturally occurring or added, that does not meet all acceptable standards for human exposure according to applicable state and federal law.

VI. The analysis of the fluorine-bearing chemical shall be performed by an independent laboratory, certified by the department pursuant to RSA 485:44, which is also capable of providing detection for the fluorine-bearing species, and any product of the reaction of the fluorine-bearing chemical or its dissociation products at the level of parts per billion.

VII. The department shall monitor and enforce the provisions of this section, verifying that all test data required are submitted to the department for verification of accuracy, completeness, and final approval. The department is authorized to sample and test all products in accordance with the procedures set forth in this section against other certified laboratory test data. The department shall post the results of their fluorine monitoring on their official Internet website.

VIII. The costs of the fluorine analysis shall not be borne by the municipality. Any person or entity that distributes the fluorine-bearing chemical to a public water system shall be responsible for ensuring that an analysis of the fluorine-bearing chemical has been performed pursuant to this section.

IX. No fluorine-bearing substance listed below, and no substance which is or can be derived from a substance listed below, shall be added to the public water supply:

(b) A substance defined as a hazardous or toxic waste by a state or federal agency.

(d) A product, substance, device, element, medicine, or preventive agent added to any public water supply for the specific intent of human consumption or for the purpose of affecting the physical or mental functions of the body of any person consuming the water, rather than for making the water more potable, unless it has been tested and approved as safe, and effective by the United States Food and Drug Administration for the purpose for which it is to be added.

2 New Paragraph; Water Management and Protection; Duties of Department Amended. Amend RSA 485:41 by inserting after paragraph VIII the following new paragraph:

IX. Adopt rules governing the testing and certification of fluorine-bearing chemicals introduced into a public water supply as part of a fluoridation program duly adopted by a municipality under RSA 44:16 or RSA 52:23.