We write on behalf of the city of Lebanon in response to the op-ed column by Mindi Messmer on the drinking water standards for per- and polyfluoroalkyl substances, known as PFAS, recently adopted by the New Hampshire Department of Environmental Services (“Industry must stop poisoning us for profit,” Aug. 11).

The health and safety of citizens is the highest priority of municipal government, and this is certainly the case in the city of Lebanon. We take the development and implementation of regulations pertaining to the control of PFAS chemicals very seriously.

Our concern is that these regulations be scientifically based and developed in accordance with legal requirements, including required opportunities for public comment. We believe that the Joint Legislative Committee on Administrative Rules approved the PFAS rules while violating its own rules in the process.

Messmer referenced Section 301.2(b) of the committee’s rules, which she suggests precluded the committee from hearing public testimony. That rule simply states that “testimony shall not be considered relevant that does not focus upon issues in the rules and instead argues only that a statute should be changed.”

The very next sentence, Section 301.2(c), states that “all persons with relevant testimony shall be heard,” but allows the committee chair to limit the time allotted to individual speakers.

There was a large audience for the hearing on July 18, with many waiting patiently for the opportunity to provide “relevant testimony” about the proposed rule and grounds for the committee to object to it according to the committee’s own rules.

Messmer concluded her column by stating that the “people have spoken” and the committee “listened.” On the contrary, the committee chair made the decision to not listen and to not allow any public testimony in clear contravention of the committee’s own administrative rules.

The New Hampshire Supreme Court has stated that properly adopted administrative rules “have the force and effect of laws.” The city’s consideration of legal action is appropriate to help preserve the rule of law.

Messmer also asserts that it was appropriate for the Department of Environmental Services to revise the proposed PFAS standard downward (from the current 70 parts per trillion and previously proposed 38 ppt to 11 to 18 ppt) following the public comment period and before the committee hearing, effectively barring municipalities and other impacted entities from having any input. This action made it even more important that “relevant testimony” be heard as part of the hearing, but it was not. (To put 1 part per trillion in perspective, it is like 1 second in 31,700 years.)

The city of Lebanon supports rational and fact-based rules that protect public health and the environment. We also believe that government bodies should follow their own rules and people deserve the opportunity to be heard on issues of public importance. This is a principle of democracy. We actively practice this at the local level, and we should expect nothing less from our elected state officials.

Timothy McNamara is the mayor of Lebanon. Clifton Below is the city’s assistant mayor and served as chair and vice chair of the Joint Legislative Committee on Administrative Rules from 1999-2002 while a state senator.