New Hampshire Department of Environmental Services has adopted Env-Sw 2300 - Per- and Polyfluoroalkyl Substances Products Control Program, establishing the regulatory framework for implementing RSA 149-M:64 (HB 1649). The rules require manufacturers and suppliers to provide Certificates of Compliance upon NHDES request within 30 days, establish administrative fines of $2,000 per violation for selling prohibited PFAS-added products or submitting false certificates, and define compliance certificate requirements. Compliance certificates must be submitted to PFASConsumerProducts@des.nh.gov. The rules support enforcement of the January 1, 2027 product ban on carpets, cosmetics, food packaging, juvenile products, upholstered furniture, textile furnishings, and waxes for boats, skis, and surfboards containing intentionally added PFAS.
NHDES published updated guidance on drinking water regulations, noting that EPA has indicated the PFOA/PFOS compliance deadline will be extended from April 26, 2029 to April 26, 2031 when the revised federal rule is finalized. NHDES retains authority to adopt compliance deadlines more stringent than EPA's revised rules. New Hampshire's current state MCLs (PFOA: 12 ppt, PFOS: 15 ppt, PFHxS: 18 ppt, PFNA: 11 ppt) remain in effect while federal regulations are being revised.
A floor amendment to HB 1275, adopted May 8, 2026, grants immunity from civil liability to farmers for damages resulting from claims based on harms caused by certain per- and polyfluoroalkyl substances (PFAS). The amendment defines 'drinking water standard' as PFAS maximum contaminant levels established pursuant to RSA 485:16-e or analogous federal standards. Section 4 takes effect 60 days after passage; the remainder takes effect upon passage.
New Hampshire's soil PFAS site remediation standards are now in effect, establishing requirements for addressing PFAS contamination in New Hampshire-specific soils. When PFAS contamination in soil is found, responsible parties may be subject to 60-day reporting requirements, followed by potential requirements for additional investigation and remediation. The standards do not apply to contamination attributed solely to background conditions such as atmospheric deposition. Compliance teams involved in site investigation and remediation in New Hampshire should incorporate PFAS soil testing into their environmental assessment protocols.
The New Hampshire Department of Environmental Services (NHDES) has proposed a compensation program to administer payments from PFAS litigation settlements to community water systems whose sources have been impacted by PFAS contamination. Pursuant to RSA Chapter 485-H:6, settlement funds from lawsuits against PFAS manufacturers will be deposited into the Drinking Water and Groundwater Trust Fund and distributed as grants to affected public water systems. Water systems are assigned to groups based on their stage of addressing PFAS contamination.
New Hampshire received its first PFAS settlement payment of nearly $8 million from the 3M Company as part of a larger national settlement. The funds are designated for public drinking water systems affected by PFAS contamination. This represents New Hampshire's first payment from the multi-billion dollar national settlement with PFAS manufacturers.
Chapter 306:2 (House Bill 1766) requires the New Hampshire Department of Environmental Services (NHDES) to produce twice-yearly status reports on PFAS contamination throughout the state. The reports document PFAS contamination in the Seacoast area and at landfills and hazardous waste sites. NHDES has published status reports in June 2025 and December 2025 to satisfy this statutory requirement.
On May 14, 2025, Governor Ayotte signed HB 167-FN (Chapter 19) into law, amending RSA 149-M:64 to add ski, boat, surfboard, bodyboard, and skimboard waxes containing intentionally added PFAS to the state's consumer product prohibition. The ban takes effect January 1, 2027, alongside the broader PFAS consumer products restrictions established under HB 1649. These wax products, historically used for water and friction resistance, are now identified as significant contributors to PFAS contamination in snowmelt, lakes, and watersheds.
New Hampshire HB 398 requires home sellers to notify potential buyers about the possibility of PFAS water contamination prior to executing any contract for sale of real property. Sellers must alert buyers that PFAS have been found throughout New Hampshire exceeding state and federal standards, and inform them that testing can determine if water filtration systems are needed. PFAS was added to existing mandatory disclosure requirements alongside radon, lead, and arsenic. The requirement does not apply to rental properties.
New Hampshire enacted HB 1649 (Chapter 349, 2024) prohibiting the sale of consumer products with intentionally added PFAS. Covered product categories include: carpets and rugs, textile treatments, food packaging and containers, juvenile products (children under 12), upholstered furniture, textile furnishings, cosmetics, and feminine hygiene products. Exemptions apply to second-hand products, products with at least 85% recycled content, and federally regulated items. Manufacturers must provide certificates of compliance upon NHDES request.
New Hampshire enacted legislation requiring home sellers to notify potential buyers about the possibility of water contamination from per- and polyfluoroalkyl substances (PFAS). Governor Chris Sununu signed the legislation into law, which aims to inform prospective homebuyers about potential PFAS contamination risks associated with properties. Compliance teams supporting real estate transactions in New Hampshire should ensure PFAS disclosure language is incorporated into property transfer documentation and sellers are informed of their notification obligations.
House Bill 1649, enacted in summer 2024, establishes restrictions on per- and polyfluoroalkyl substances (PFAS) in certain consumer products sold in New Hampshire. Beginning January 1, 2027, products in several key categories with intentionally added PFAS will be banned. The law aims to curb PFAS contamination at its source by limiting how the chemicals are used in everyday products that end up in homes, workplaces, and landfills. The bill also appropriates funds to NHDES for an additional position and the PFAS products control program.