CHAPTER Env-Dw 1500 PER AND POLYFLUOROALKYL SUBSTANCES (PFAS) REMOVAL REBATE PROGRAM FOR PRIVATE WELLS

Statutory Authority: RSA 485-H:3, II-a and RSA 485-H:9

PART Env-Dw 1501 PURPOSE

Env-Dw 1501.01 Purpose. The purpose of this Chapter is to establish criteria and procedures for administering the per- and polyfluoroalkyl substances (PFAS) removal rebate program for private wells authorized by RSA 485-H:3, II-a.

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PART Env-Dw 1502 CHAPTER-SPECIFIC DEFINITIONS

Env-Dw 1502.01 “Applicant” means the owner of a residential property that utilizes an impacted well.

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Env-Dw 1502.02 “Department” means the department of environmental services.

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Env-Dw 1502.03 “Eligible costs” means costs that are identified in Env-Dw 1503.02.

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Env-Dw 1502.04 “Family” means “family” as defined in 24 CFR 5.403, reprinted in Appendix C.

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Env-Dw 1502.05 “Impacted well” means a well used for drinking water serving a residential property in New Hampshire in which concentrations of PFAS in the source water exceed state or federal drinking water standards.

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Env-Dw 1502.06 “Operation and maintenance (O&M)” means the functions, duties, and labor associated with daily operations and normal repairs, replacement of parts and structural components, and other activities needed to preserve an asset so that it continues to serve its intended function. The term includes treatment media replacement and disposal.

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Env-Dw 1502.07 “Point-of-entry treatment device (POE)” means a “point-of-entry treatment device” as defined by 40 CFR 141.2, reprinted in Appendix C.

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Env-Dw 1502.08 “Point-of use treatment device (POU)” means a “point-of-use treatment device” as defined by 40 CFR 141.2, reprinted in Appendix C.

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Env-Dw 1502.09 “Pre-approval request” means a written document(s), with attachments, submitted pursuant to Env-Dw 1504.

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Env-Dw 1502.10 “Program” means the per- and polyfluoroalkyl substances (PFAS) removal rebate program for private wells authorized by RSA 485-H:3, II-a.

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Env-Dw 1502.11 “Public water system” means a “public water system” as defined by RSA 485:1-a, XV, reprinted in Appendix B.

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Env-Dw 1502.12 “Rebate” means a payment of funds for eligible costs.

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Env-Dw 1502.13 “Rebate application” means a written document(s), with attachments, submitted pursuant to Env-Dw 1505.

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Env-Dw 1502.14 “Recipient” means an entity that receives a rebate.

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Env-Dw 1502.15 “Service connection” means a “service connection” as defined in 40 CFR 141.2, reprinted in Appendix C.

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Env-Dw 1502.16 “State” means the state of New Hampshire.

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Env-Dw 1502.17 “Waiver request” means a written document(s), with attachments, submitted pursuant to Env-Dw 1507.

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PART Env-Dw 1503 ELIGIBILITY

Env-Dw 1503.01 Eligible Properties. Properties with an impacted well which have not received an offer of alternate water from a third party, pursuant to Env-Or 603.04, are eligible for a rebate pursuant to this Chapter.

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Env-Dw 1503.02 Eligible Costs.

(a) The following are eligible costs for a rebate pursuant to this Chapter:

(1) Costs associated with one of the following remedies for treating or addressing PFAS in an impacted well:

a. Installation of a POE;

b. Installation of one or more POU(s); or

c. A service connection to a public water system, including a service connection completed after installation of a POE or POU(s) pursuant to this paragraph;

(2) Sampling and analytical costs associated with laboratory testing in accordance with applicable Environmental Protection Agency (EPA) analytical methods demonstrating an impacted well, provided the sampling and analysis was conducted no more than 3 years prior to implementation of the remedy for which a rebate is sought; and

(3) For installation of a POE or POU(s):

a. Sampling and analytical costs associated with laboratory testing in accordance with applicable EPA analytical methods demonstrating the effectiveness of such POE or POU(s) in treating PFAS in an impacted well;

b. Costs associated with installing pre-treatment of water from the impacted well to remove the following, if no such pre-treatment was installed prior to installation of the POE or POU(s) pursuant to this paragraph:

1. Iron or manganese present in the source water at concentrations greater than the secondary maximum contaminant levels, as specified in Env-Dw 706, provided such pre-treatment is installed in conjunction with a carbon or resin-based POE for which a rebate is sought;

2. Radon present in the source water at a concentration greater than 4,000 picocuries per liter (pCi/L) provided such pre-treatment is installed in conjunction with a carbon-based POE for which a rebate is sought; and

3. Hardness present in the source water at a concentration greater than 150 milligrams per liter (mg/L) provided such pre-treatment is installed in conjunction with a reverse osmosis POU for which a rebate is sought.

(b) The following are not eligible costs for a rebate pursuant to this Chapter:

(1) Post installation operation and maintenance costs of the remedies or pre-treatment for which a rebate is sought; and

(2) Sampling and analytical costs associated with pre-treatment determination outlined in (a)(3)b. above.

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Env-Dw 1503.03 Income Qualified Eligibility. An applicant that is income qualified as set forth in this section may request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor. An applicant shall be determined to be income qualified if:

(a) The applicant’s total family annual income does not exceed 24 CFR, Title 24, U.S. Department of Housing and Urban Development, low-income criteria that apply to the county or metropolitan statistical area where the property is located; and

(b) The applicant has requested, and department has granted, pre-approval to the applicant pursuant to Env-Dw 1504.

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PART Env-Dw 1504 PRE-APPROVAL OF INCOME QUALIFIED APPLICANTS

Env-Dw 1504.01 Pre-approval Request Procedures. An applicant that meets the eligibility requirements in Env-Dw 1503.03(a) may submit a pre-approval request by:

(a) Providing all information required by Env-Dw 1504.02, either in writing or on form NHDES-S-03-012;

(b) Signing and certifying a pre-approval request as required by Env-Dw 1504.03; and

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

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Env-Dw 1504.02 Pre-approval Request Contents.

(a) A pre-approval request shall include the following information:

(1) The applicant’s contact information:

a. Full name;

b. Mailing address, including street name and number or post office box number, city or town, state, and zip code; and

c. Email address and daytime telephone number including area code;

(2) The physical address where the remedy will be completed including street name and number, city or town, and zip code, if different from the mailing address provided in (1)b. above, including all unit numbers or additional addresses that will benefit from the remedy; and

(3) The applicant’s income information including:

a. Number of family members living in the household, not including tenants;

b. Total annual family income, including all taxable and nontaxable income for all family members over the age of 18; and

c. Other assets, excluding equity in the residence.

(b) The applicant shall provide to the department the following documentation to support the demonstration of income qualified eligibility as specified in Env-Dw 1503.03(a):

(1) Most recent federal tax return(s);

(2) Social security benefit statement(s);

(3) W-2 form(s) from the previous tax year;

(4) Annual pension, retirement statement(s), or both;

(5) Indication of direct deposit of other benefit(s) or income(s); or

(6) A copy of current paystubs covering the most recent one-month period for family members that are employed.

(c) The applicant shall provide to the department the following documentation to support proof of ownership of the residential property where the remedy will be completed:

(1) Town or city issued property tax statement;

(2) Town or city issued property tax card;

(3) Deed or official record and a utility bill dated within two months; or

(4) Mortgage statement.

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Env-Dw 1504.03 Pre-approval Request Signatures and Certifications.

(a) The applicant shall sign and date the pre-approval request and print their name.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s request qualifies for pre-approval from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

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Env-Dw 1504.04 Department Processing of Pre-approval Requests.

(a) Pre-approval requests shall be processed in the order in which they are received.

(b) If the department determines that a pre-approval request does not contain all required information pursuant to Env-Dw 1504.02, the department shall notify the applicant in writing within 30 days specifying the information required for a complete request. The department shall not process incomplete pre-approval requests.

(c) In response to being notified of department determination, an applicant may modify or supplement information and submit a new pre-approval request to the department.

(d) If the department determines that a pre-approval request contains all required information pursuant to Env-Dw 1504.02, the department shall continue to process the request.

(e) The department shall determine whether the applicant is income qualified pursuant to Env-Dw 1503.03(a) within 60 days.

(f) If the department determines that the applicant is income qualified pursuant to Env-Dw 1503.03(a), the department shall grant written pre-approval to the applicant to request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor.

(g) If the department determines the applicant is not income qualified pursuant to Env-Dw 1503.03(a), the department shall not grant pre-approval and shall notify the applicant of the reason(s) for such determination in writing.

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PART Env-Dw 1505 PROCEDURES FOR RECEIPT OF PFAS REBATE FUNDS

Env-Dw 1505.01 Rebate Application Procedures.

(a) Applicants shall submit a rebate application by:

(1) Providing all information required by Env-Dw 1505.02, either in writing or on form NHDES-W-03-282;

(2) Signing and certifying a rebate application as required by Env-Dw 1505.03; and

(3) Submitting a completed original rebate application:

a. Electronically, per the instructions in the rebate application available for use on the department’s website at www.pfas.des.nh.gov; or

b. By delivery in writing to:

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

(b) A separate rebate application is required for each residential address.

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Env-Dw 1505.02 Rebate Application Contents.

(a) A rebate application shall include the following information:

(1) The applicant’s contact information:

a. Full name;

b. Mailing address, including street name and number or post office box number, city or town, state, and zip code; and

c. Email address and daytime telephone number including area code;

(2) The physical address where the remedy was completed including street name and number, city or town, and zip code, if different from the mailing address provided in (1)b. above, including all unit numbers or additional addresses that benefit from the remedy;

(3) The physical address of the impacted well including street name and number, city or town, and zip code, if different from the address provided in (1) or (2) above;

(4) A state vendor code number obtained pursuant to the vendor code requirements established by the New Hampshire department of administrative services, currently Adm 603, for the intended recipient(s);

(5) If the intended recipient is different from the applicant, the applicant shall provide:

a. The relationship between the intended recipient and the applicant; and

b. The requested rebate amount associated with each recipient, if applicable;

(6) The entity that collected the water sample as specified in (b)(1) below; and

(7) Remedy information including:

a. Filter media name and manufacturer for a POE installation;

b. System manufacturer(s) and model(s) for POU installation(s); or

c. Water provider for a service connection.

(b) The applicant shall provide to the department the following documentation to support the demonstration of eligibility:

(1) Analytical laboratory results pursuant to Env-Dw 1503.02(a)(2), with the exception of the department having been the entity to collect the water sample;

(2) Copies of itemized sales receipt(s), invoice(s), or both for eligible costs;

(3) Manufacturer specification sheet(s) for the remedy as specified in (a)(6) above, if applicable;

(4) Post-treatment analytical laboratory results pursuant to Env-Dw 1503.02(a)(3)a., with the exception of the department having been the entity to collect the water sample;

(5) Photo documentation of the remedy for which a rebate is sought; and

(6) In the instance where eligible pre-treatment was installed, source water quality results demonstrating concentrations that exceed the respective criteria pursuant to Env-Dw 1503.02 (a)(3)b.

(1) The drinking water supply at the residential property is from a private well in which PFAS are present in the source water at concentrations that exceed applicable standards;

(2) The work for which a rebate is sought has been completed on the residential property of record or within the residence at the property of record;

(3) No offer of alternate water from a third party, as specified by Env-Or 603.04, has been or is being made available for the residential property;

(4) The remedy complies with applicable state and local plumbing regulations and local permitting requirements;

(5) The state funding will be used for treatment installation, a service connection only, or both. The department and state do not warranty or otherwise guarantee treatment performance, contractor performance, product quality, water quality, or any other aspect of the installation or connection. In the case of treatment, it is the responsibility of the owner to appropriately operate and maintain the installed equipment in accordance with the manufacturer or vendor recommendations once installed. For a service connection, it is the responsibility of the owner to remit payment for associated water costs; and

(6) All conditions set forth in this Chapter have been read and understood.

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Env-Dw 1505.03 Rebate Application Signatures and Certifications.

(a) The applicant shall sign and date a rebate application as follows:

(1) If the applicant uses a paper-based rebate application, including an application submitted on a voluntary form provided by the department, the applicant shall sign and date the application and print their name; or

(2) If the applicant uses an electronic rebate application, including an application submitted on a voluntary form provided by the department, submitting the rebate application shall constitute the signature and the date of submittal shall constitute the date of the application.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that the department makes no representations or warranties, expressed or implied, relating to appropriate remedies or their availability and that by submitting a rebate application, each applicant agrees to completely waive and release the department, its officials, employees, agents and representatives from and against any claims or liabilities whatsoever, including without limitation, any damages, costs and liability for any and all loss, injury, or damage to any property or person, whether direct, special, consequential, indirect, or of any other nature, in connection with or related to the installation or use of an appropriate remedy or participation in the program;

(3) The applicant understands that any department determination that results in a rebate from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(4) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

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Env-Dw 1505.04 Department Processing of Rebate Applications.

(a) Rebate applications shall be processed in the order in which they are received. A rebate application shall be deemed to be received on the earlier of either:

(1) The date upon which a rebate application is received by the department; or

(2) The date upon which an associated pre-approval request is granted by the department provided a rebate application is submitted by the expiration date of the pre-approval request.

(b) If the department determines that a rebate application does not contain all required information pursuant to Env-Dw 1505.02, the department shall notify the applicant in writing and specify the information required for a complete application within 30 days. The department shall not process incomplete rebate applications.

(c) In response to being notified of department determination, an applicant may modify or supplement information and submit a new rebate application to the department.

(d) If the department determines that a rebate application contains all required information pursuant to Env-Dw 1505.02, the department shall continue to process the application.

(e) If the department determines rebate application meets the eligibility criteria pursuant to this Chapter, the department shall provide a rebate as specified in Env-Dw 1506 for eligible costs within 60 days.

(f) If the department determines the rebate application does not meet the eligibility criteria pursuant to this Chapter, the department shall deny the application and shall notify the applicant of the reason(s) for such determination in writing within 60 days.

(g) The department shall suspend action on the rebate application if insufficient funds remain in the program account to execute the rebate and the department shall notify the applicant in writing.

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PART Env-Dw 1506 REBATE PAYMENT

Env-Dw 1506.01 Conditions of Payment.

(a) The department shall approve a rebate application submitted as specified in Env-Dw 1505 if it determines:

(1) A rebate has not been issued for the eligible costs through a previous rebate;

(2) Sufficient funds remain in the program account to execute the rebate; and

(3) Submission of the rebate application in accordance with Env-Dw 1505.01(a) is within 12 months of the completion of the remedy for which the rebate is sought.

(b) Upon approval of a rebate application, the department shall authorize a rebate to be distributed for eligible costs, subject to the availability of program funds and to the limitations in Env-Dw 1506.02.

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Env-Dw 1506.02 Terms of Payment.

(a) Rebates shall be authorized per residential address for:

(1) Up to $5,000 for POE or POU(s) installation and associated eligible costs;

(2) Up to $10,000 for a service connection to a public water system and associated eligible costs; or

(3) Up to $10,000 for a service connection to a public water system and associated eligible costs, in combination with a previous rebate as specified in (a)(1) above.

(b) Payment shall be authorized to a treatment installer or contractor only when the department has granted the applicant pre-approval under Env-Dw 1504.

(1) The department has granted the applicant pre-approval under Env-Dw 1504 to request a rebate under Env-Dw 1505 be distributed directly to a treatment installer or contractor and eligible costs have been incurred by the applicant; or

(2) The eligible costs which are the subject of the rebate application are for a service connection completed after eligible costs for installation of a POE or POU(s) were granted through a previous rebate application, provided that the total rebate per residential address shall not exceed the limitation established in (a)(3) above.

(d) The applicant shall repay all funds received to the department should the rebate application or any accompanying materials be found by the department to be based upon false, incomplete, or misleading information and the applicant is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200.

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PART Env-Dw 1507 WAIVERS

Env-Dw 1507.01 Purpose. The purpose of the rules in this part is to accommodate situations in which strict compliance with all requirements established by this Chapter may not be in the best interests of public, the environment, or the program.

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Env-Dw 1507.02 Waiver Request Procedures. An applicant who is or would be directly and adversely affected by the strict application of a rule in this Chapter may submit a waiver request by:

(a) Providing all information required by Env-Dw 1507.03, either in writing or on form NHDES-S-03-013;

(b) Signing and certifying the waiver request as required by Env-Dw 1507.04; and

NHDES PFAS Rebate Program

29 Hazen Drive

P.O. Box 95

Concord, NH 03302-0095

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Env-Dw 1507.03 Waiver Request Contents. The waiver request shall include the following information:

(a) The name, mailing address, email address, and daytime telephone number including area code of the applicant;

(b) The rebate application to which the waiver request relates via the address provided in Env-Dw 1504.02(2) or Env-Dw 1505.02(2);

(d) A complete explanation of why a waiver request is being submitted, including an explanation of the economic and operational consequences of complying with the rule as written;

(e) If applicable, a full explanation of the alternative(s) proposed to be substituted for the requirement in the rule, including documentation or data, or both, to support the alternative; and

(g) A complete explanation of why the applicant believes that having the waiver granted will meet the criteria in Env-Dw 1507.05.

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Env-Dw 1507.04 Waiver Request Signatures and Certifications.

(a) The applicant shall sign and date the waiver request and print their name.

(b) The applicant shall certify that:

(1) The information provided is true, not misleading, and as complete as practicable, to the best knowledge and belief of the applicant;

(2) The applicant understands that any department determination that the applicant and the applicant’s waiver request qualifies for approval from the program that is found to be based upon false, incomplete, or misleading information is subject to modification or reversal, through an adjudicative proceeding conducted in accordance with applicable provisions of Env-C 200; and

(3) The applicant acknowledges that they might be subject to the penalties for false statements, including those penalties, specified in RSA 641 for falsification in official matters.

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Env-Dw 1507.05 Department Processing of Waiver Requests.

(a) Subject to (b), below, the department shall grant a waiver if:

(1) Granting the waiver, conditional upon implementation of alternatives, if applicable, will result in circumstances that are as protective of the public, the environment, and the integrity of the program as the requirements contained in this Chapter;

(2) Granting the waiver, conditional upon implementation of alternatives, if applicable, will not adversely impact the department’s obligations under RSA 485-H; and

(3) Strict adherence to the rule would not be in the best interest of the public, the environment, or the program.

(b) No waiver shall be granted if the effect of the waiver would be to waive or modify a state or federal statutory requirement, including but not limited to any requirement of RSA 485 or RSA 485-H unless such statute or grant expressly provides that the requirement may be waived or modified.

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Env-Dw 1507.06 Department Decisions of Waiver Requests.

(a) The department shall notify the applicant of its decision in writing within 30 calendar days of receiving a complete request. If the request is denied, the department shall specify the reason(s) for the denial in the notice.

(b) The department shall include such conditions in a waiver as are necessary to ensure that the criteria specified in Env-Dw 1507.05 are met, including if applicable the implementation of alternatives.

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APPENDIX A: STATE STATUTES IMPLEMENTED

Rule Section(s)	State Statute(s) Implemented
Env-Dw 1500	RSA 485-H
Env-Dw 1506	RSA 541-A:22, IV

APPENDIX B: STATUTORY DEFINITIONS

RSA 485:1-a

XV. “Public water system” means a system for the provision to the public of piped water for human consumption, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. Any water system which meets all of the following conditions is not a public water system:

(a) Consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

(b) Obtains all of its water from, but is not owned or operated by, a public water system; and

APPENDIX C: REFERENCED FEDERAL DEFINITIONS

§ 5.403 Definitions.

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status:

(1) A single person, who may be:

(i) An elderly person, displaced person, disabled person, near-elderly person, or any other single person;

(ii) An otherwise eligible youth who has attained at least 18 years of age and not more than 24 years of age and who has left foster care, or will leave foster care within 90 days, in accordance with a transition plan described in section 475(5)(H) of the Social Security Act (42 U.S.C. 675(5)(H)), and is homeless or is at risk of becoming homeless at age 16 or older; or

(2) A group of persons residing together, and such group includes, but is not limited to:

(i) A family with or without children (a child who is temporarily away from the home because of placement in foster care is considered a member of the family);

(ii) An elderly family;

(iii) A near-elderly family;

(iv) A disabled family;

(v) A displaced family; and

(vi) The remaining member of a tenant family.

§ 141.2 Definitions.

Point-of-entry treatment device (POE) is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

Point-of-use treatment device or point of use device (POU) is a water treatment device physically installed or connected to a single fixture, outlet, or tap to reduce or remove contaminants in drinking water. For the purposes of subpart I of this part, it must be certified by an American National Standards Institute accredited certifier to reduce lead in drinking water.

Service connection, as used in the definition of public water system, does not include a connection to a system that delivers water by a constructed conveyance other than a pipe if:

(1) The water is used exclusively for purposes other than residential uses (consisting of drinking, bathing, and cooking, or other similar uses);

(2) The State determines that alternative water to achieve the equivalent level of public health protection provided by the applicable national primary drinking water regulation is provided for residential or similar uses for drinking and cooking; or

(3) The State determines that the water provided for residential or similar uses for drinking, cooking, and bathing is centrally treated or treated at the point of entry by the provider, a pass-through entity, or the user to achieve the equivalent level of protection provided by the applicable national primary drinking water regulations.