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New Hampshire Department of Environmental Services
PUBLIC GOVERNMENT BUSINESS A to Z LIST

Rules/Regulatory
Proposed and Recently Adopted Rules

The "Proposed" section below contains copies of rules and rulemaking filing documents related to rules that DES has proposed but has not yet adopted. The date and time of the public hearing and the deadline for filing public comment is listed for each proposed rule, as is a link to the email for the staff contact for the rulemaking. Unless otherwise specifed, all rulemaking hearings are held at the DES offices at 29 Hazen Drive, Concord. Under 2011 amendments to RSA 541-A, an agency may choose to prepare and seek public comment on a Draft Final Proposal prior to filing a Final Proposal for review by the Joint Legislative Committee on Administrative Rules ("JLCAR"). If a Draft Final Proposal is prepared, it will be posted on this page with the date and time of the public hearing if one has been scheduled and the deadline for submission of written comments. Final Proposed rules are posted once the rule has been filed for review by the JLCAR.

The "Recently Adopted" section below contains copies of rules that DES has adopted but not yet certified. Until the certified text is available, the adopted text is the official text of the rules. For rulemakings that amend only a portion of a set of existing rules, the amendments posted here must be read in conjunction with the remaining rules (available at the DES Certified Rules page).

All documents have been saved in Adobe Acrobat Reader Adobe Acrobat Reader Symbolformat.

Redesignation Chart Adobe Acrobat Reader Symbol[updated 01-08-2015]

Proposed:

This contains copies of rules and rulemaking filing documents related to rules that the Department has proposed. These rules have not been adopted. Please note the following:

  1. For Initial Proposals, the public comment period is noted on the associated Rulemaking Notice. If the public comment period has ended but a Final Proposal has not been posted, it means that the Department is considering the comments it has received in order to prepare a Final Proposal.
  2. If a Final Proposal is posted, it means that the rule has been filed for review by the Joint Legislative Committee on Administrative Rules ("JLCAR"). The date the rules are expected to be reviewed by the JLCAR is noted below.

PROPOSED AIR PROGRAM RULES (Env-A)

  • Env-A 1401.03(f); 1402.02 intro, (a), & (j)-(q); & 1450.01(b) - Regulated Toxic Air Pollutants Update

OLS Notice Number 2016-153
PUBLIC HEARING: Friday, September 30, 2016, 10 AM; Rm 110, DES Offices, 29 Hazen Drive, Concord
PARTICIPATION AT THE PUBLIC MEETING IS NOT REQUIRED TO SUBMIT WRITTEN COMMENTS
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, October 7, 2016 (4:00 PM)
CONTACT: Karla McManus ([email protected]), ARD Planning & Rules Manager

Review anticipated at JLCAR meeting scheduled for December 15, 2016

Final Proposal - Annotated Adobe Acrobat Reader Symbol
Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-A 1800 - Asbestos Management and Control
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is complete and the new rules are adopted and effective.

OLS Notice Number 2016-201
PUBLIC HEARING: Friday, November 18, 2016, 1:00 PM; Rms 110-111, DES Offices, 29 Hazen Drive, Concord
PARTICIPATION AT THE PUBLIC MEETING IS NOT REQUIRED TO SUBMIT WRITTEN COMMENTS
DEADLINE FOR FILING WRITTEN COMMENTS: Wednesday, November 30, 2016 (4:00 PM)
CONTACT: Karla McManus ([email protected]), ARD Planning & Rules Manager

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal (Fixed Text) Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

  • Env-C 300 N.H. Environmental Laboratory Accreditation Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is complete and the new rules are adopted and effective.

OLS Notice Number 2016-57
PUBLIC HEARING: Tuesday, May 31, 2016, 9:00 AM; Rooms 111-112, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, June 10, 2016 (4:00 PM)
CONTACT: Debra Sonderegger ([email protected]), DWGB Principal Planner

Conditionally approved; CA response filed, accepted; rules to be adopted

Request for Conditional Approval - Rules Adobe Acrobat Reader Symbol

Final Proposal - Annotated Adobe Acrobat Reader Symbol
Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • Env-Wq 1400 Shoreland Protection
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules that would otherwise expire on July 1, 2016 and that are included in this rulemaking will continue in effect until new rules are in effect.

OLS Notice Number 2016-107
PUBLIC HEARING: Monday, August 1, 2016; 10:00 AM; Rooms 110-111, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: Monday, August 8, 2016 (4:00 PM)
CONTACT: Darlene Forst ([email protected]), Environmentalist IV

Review anticipated at JLCAR meeting scheduled for Dec. 15, 2016

Final Proposal - Annotated Adobe Acrobat Reader Symbol
Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Wq 1800 Rivers Management and Protection Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that would otherwise expire on November 26, 2016 that are included in this rulemaking will continue in effect until new rules are in effect.

OLS Notice Number 2016-223
PUBLIC HEARING: Friday, January 13, 2017; 3:30 PM, Rm 112; DES Offices, 29 Hazen Drive, Concord

PARTICIPATION AT THE PUBLIC MEETING IS NOT REQUIRED TO SUBMIT WRITTEN COMMENTS

DEADLINE FOR WRITTEN COMMENTS: Friday, January 20, 2017 (4:00 PM)

CONTACT: Tracie Sales ([email protected]), WD WMB Environmental Program Manager

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Wq 2102 Water Use Registration and Reporting
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that would otherwise expire on September 24, 2016 that are included in this rulemaking will continue in effect until new rules are in effect.

OLS Notice Number 2016-174
PUBLIC HEARING: Thursday, October 20, 2016; 10:00 AM; Room 110, DES Offices, 29 Hazen Drive, Concord
PARTICIPATION AT THE PUBLIC MEETING IS NOT REQUIRED TO SUBMIT WRITTEN COMMENTS
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, November 4, 2016 (4:00 PM)
CONTACT: Holly Green ([email protected]), DWGB Rulemaking Coordinator

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED WETLANDS RULES (Env-Wt)

 

PROPOSED COUNCIL & BOARD RULES

SPECIAL NOTE FOR COUNCIL AND BOARD RULES: New Hampshire has four environmental councils and two environmental boards. Each council and board has its own enabling legislation and so is separate and distinct from each other council and board. The councils and boards are also separate and distinct from the New Hampshire Department of Environmental Services. DES posts the rulemaking-related documents of the councils and boards on this page as a service to the councils and boards and as part of the administrative support DES is required by law to provide. Such inclusion on this page shall not be construed as indicating that DES has any control over the content of the rules.

 
Recently Adopted:
This section contains copies of rules that have been adopted by the Department but for which the certified text is not yet available. Until the certified text is available, this is the official text of the rules. Once the certified text is available, the certified text is the official version of the rules and will be available on the DES Certified Rules page.

NOTE: For rulemakings that amend only a portion of a set of existing rules, the amendments posted here must be read in conjunction with the remaining rules (available on the DES Certified Rules page).

RECENTLY ADOPTED AIR PROGRAM RULES (Env-A)

 

RECENTLY ADOPTED CROSS-PROGRAM RULES (Env-C)

 

RECENTLY ADOPTED DAM PROGRAM & RELATED RULES (Env-Wr)

 

RECENTLY ADOPTED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 301 [new] Adobe Acrobat Reader Symbol Sources of Water Definitions - effective April 1, 2016
  • Env-Dw 302 Adobe Acrobat Reader Symbol Large Production Wells and Wells for Large Community Water Systems - effective April 1, 2016
  • Env-Dw 303 Adobe Acrobat Reader Symbol Groundwater Sources of Bottled Water - effective April 1, 2016
  • Env-Dw 305 Adobe Acrobat Reader Symbol Small Production Wells for Small Community Water Systems - effective April 1, 2016
  • Env-Dw 600 Adobe Acrobat Reader Symbol Capacity Assurance - effective July 26, 2016
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 603.03 amendments* Adobe Acrobat Reader Symbol - AGQS for PFOA & PFOS - effective October 22, 2016
    *
    Env-Or 603.03(b), (c) intro, and Table 600-1 as to PFOA and PFOS
 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

 

RECENTLY ADOPTED WATER QUALITY/QUANTITY RULES (Env-Wq)

 

RECENTLY ADOPTED WETLANDS RULES (Env-Wt)

 

RECENTLY ADOPTED COUNCIL & BOARD RULES

SPECIAL NOTE FOR COUNCIL AND BOARD RULES: New Hampshire has four environmental councils and two environmental boards. Each council and board has its own enabling legislation and so is separate and distinct from each other council and board. The councils and boards are also separate and distinct from the New Hampshire Department of Environmental Services. DES posts the recently-adopted rules of the councils and boards on this page as a service to the councils and boards and as part of the administrative support DES is required by law to provide. Such inclusion on this page shall not be construed as indicating that DES has any control over the content of the rules.




NH Department of Environmental Services | 29 Hazen Drive | PO Box 95 | Concord, NH 03302-0095
(603) 271-3503 | TDD Access: Relay NH 1-800-735-2964 | Hours: M-F, 8am-4pm

copyright 2016. State of New Hampshire