2001 SESSION

01-0085

08/01

HOUSE BILL 654-FN-LOCAL

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill establishes a presorting program to remove mercury from waste prior to incineration at municipal waste combustors, and provides that municipalities may be reimbursed for the costs of such program. This bill also requires that the department of environmental services implement a continuous mercury emissions monitoring program for the purpose of verifying compliance with the mercury emissions limits established by RSA 125-M.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01-0085

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

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

1 Mercury Emissions Reduction and Control Program; Definitions; Eligible Costs. RSA 125-M:2, V is repealed and reenacted to read as follows:

V. "Eligible costs" means those costs incurred by any municipality in the establishment and operation of:

(a) A mercury presorting program implemented pursuant to RSA 125-M:9; and

(b) The continuous mercury emissions monitoring program pursuant to RSA 125-M:4, IV.

2 Mercury Emissions Reduction and Control Program; Maximum Mercury Emission Rate. Amend RSA 125-M:3, I to read as follows:

I. Any municipal waste combustor with a design capacity to burn 100 tons per day or more of municipal solid waste which is subject to a federal maximum mercury emission rate of 0.08 milligrams per dry standard cubic meter (mg/dscm) or less shall reduce its mercury emissions to achieve a mercury emission rate of no greater than 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis[ or at least 85 percent control efficiency] within 5 years after a federal maximum mercury emission rate of 0.08 mg/dscm or less is established.

3 New Paragraphs; Mercury Emissions Reduction and Control Program; Rulemaking. Amend RSA 125-M:4 by inserting after paragraph II the following new paragraphs:

III. Establishment and administration of a grant program in accordance with RSA 125-M:8.

IV. Implementation of a continuous mercury emissions monitoring program for the purpose of verifying compliance with this chapter by municipal waste combustors permitted prior to January 1, 2001 with a design capacity to burn less than 250 tons per day but not less than 100 tons per day of municipal solid waste. Such monitoring program shall be implemented upon the following:

(a) The United States Environmental Protection Agency approves a continuous mercury emissions monitoring process; and

(b) The department of environmental services determines such a continuous mercury emissions monitoring program is feasible.

V. Establishment of a mercury presorting program, as required under RSA 125-M:9, I.

4 Mercury Emissions Reduction and Control Program; Compliance. Amend RSA 125-M:5 to read as follows:

I. No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter. Combustors with a design capacity of 250 tons per day or more shall submit such plan and application by July 1, 2000 in order to comply by January 1, 2001 with the emission limits established by this chapter. Combustors with a design capacity of less than 250 tons per day but not less than 100 tons per day which are subject to RSA 125-M:3, I shall submit such plan and application [by January 1, 2001] within 6 months after a federal maximum mercury emission rate of 0.08 mg/dscm or less is established in order to comply [by July 1, 2001] with the emission limits established by this chapter.

5 New Sections; Reimbursement of Costs; Mercury Presorting Program. Amend RSA 125-M by inserting after section 7 the following new sections:

125-M:8 Reimbursement of Costs.

I. The department shall establish a grant program, pursuant to rules adopted by the commissioner under RSA 541-A, to reimburse eligible costs to any municipality of the state implementing a mercury presorting program pursuant to RSA 125-M:9, I and incurring costs in the establishment and operation of the continuous mercury emissions monitoring program pursuant to RSA 125-M:4, IV. Depending on availability of funds, municipalities implementing a mercury presorting program, pursuant to RSA 125-M:9, II, may be reimbursed, upon approval by the department, in the order in which applications are received. In all cases, the department shall reimburse such eligible costs over the same period as any such municipality has amortized those costs, provided that such amortization period shall not be less than 5 years.

II. The department shall determine the eligible costs of any municipality implementing a mercury presorting program or incurring costs in the establishment and operation of the continuous mercury emissions monitoring program, and reimburse such eligible costs with prior approval of the governor and council.

III. Approval of eligible costs of municipalities required to implement a mercury presorting program pursuant to RSA 125-M:9, I, establishment of the grant program pursuant to RSA 125-M:8, I, and funding of the grant program shall occur prior to:

(a) Any municipality being required to implement a mercury presorting program; and

(b) The implementation of the continuous mercury emissions monitoring program pursuant to RSA 125-M:4, IV.

125-M:9 Mercury Presorting Program.

I. A program for the presorting of mercury-added products, as defined in RSA 149-M:51, III, shall be developed by the department and implemented in any municipality of the state which sends solid waste to a municipal waste combustor permitted prior to January 1, 2001, with a design capacity to burn less than 250 tons per day but not less than 100 tons per day of municipal solid waste. Such program shall be established with the purpose of reducing the release through incineration of mercury into the air and the introduction of mercury into solid waste landfills, and shall be implemented so that no unsorted waste is transferred to the municipal waste combustor for incineration.

II. Any other municipality may establish a mercury presorting program, in which case eligible costs may be reimbursed by the state, depending on availability of funds, in the same manner as such costs are reimbursed to municipalities required to implement a mercury presorting program pursuant to RSA 125-M:9, I. Any municipality with a mercury presorting program already in effect as of the effective date of this section may also be eligible for reimbursement of eligible costs.

6 Program Time Constraints. The grant program under RSA 125-M:8 shall be established and put into effect by July 1, 2005.

7 Effective Date. This act shall take effect 60 days after its passage.

LBAO

01-0085

2/8/01

HB 654-FN-LOCAL - FISCAL NOTE

FISCAL IMPACT: