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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 12-19-2013]

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 702.05 GSP Registration Fee for Emergency Generators
    Env-A 705.01 Emision-Based Fee
    Env-A 705.06 NOx Emissions Reduction Fund Fee [repeal]

OLS Notice Number 2014-101
PUBLIC HEARING: Friday, August 15, 2014; 10:30 AM; Rooms 113-114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, August 22, 2014
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

  • Env-A 907.01 Annual Reporting Requirements for Certain Sources of Air Pollution

OLS Notice Number 2014-102
PUBLIC HEARING: Friday, August 15, 2014; 10:30 AM; Rooms 113-114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, August 22, 2014
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

  • Env-A 1800 Asbestos Managment and Control Amendments

OLS Notice Number 2014-84
PUBLIC HEARING: Thursday, July 17, 2014; 9:30 AM; Room 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, July 25, 2014
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

  • Env-A 4200 VOC Limits for Architectural and Industrial Maintenance (AIM) Coatings

OLS Notice Number 2014-85
PUBLIC HEARING: Thursday, July 10, 2014; 9:00 AM; Room 114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, July 18, 2014
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice
Adobe Acrobat Reader Symbol [includes fiscal impact statement]

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 901 Groundwater Reclassification
    NOTE: Pursuant to RSA 541-A:14-a, I, if this rulemaking extends past October 28, 2014, the existing rules will continue in effect until this rulemaking is completed.

OLS Notice Number
PUBLIC HEARING: Monday, September 22, 2014; 1:30 PM; Room 114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Tuesday, September 30, 2014 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), Water Supply Land Protection Grant Program and DWGB Rules Coordinator

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal fixed text Adobe Acrobat Reader Symbol[easier to read]
Rulemaking Notice Adobe Acrobat Reader Symbol [includes fiscal impact statement]

  • Env-Dw 1100 Drinking Water State Revolving Fund Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is completed.

OLS Notice Number 2014-105
PUBLIC HEARING: Wednesday, August 20, 2014; 10:00 AM; Room 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Wednesday, August 27, 2014 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), Water Supply Land Protection Grant Program and DWGB Rules Coordinator

Initial Proposal (with annotations to show changes from existing rules) Adobe Acrobat Reader Symbol
Initial Proposal (fixed text; easier to read) Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol[includes fiscal impact statement]

 

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 700 Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is completed.

OLS Notice Number 2014-32
PUBLIC HEARING: Friday, April 18, 2014; 1:00 PM, Rms 110-112, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, May 16, 2014 (4:00 PM)
CONTACT: Sharon Rivard (Sharon.Rivard@des.nh.gov), Civil Engineer V, Wastewater Engineering Bureau

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol[includes fiscal impact statement]

  • Env-Wq 901-908* amd re Youth Recreation Camps
    *Env-Wq 901.01; Env-Wq 901.02; Env-Wq 902.03; Env-Wq 903.02(b) intro & (5); Env-Wq 904.04(c); Env-Wq 908

OLS Notice Number 2014-89
PUBLIC HEARING: Tuesday, July 22, 2014; 10:00 AM; Rms 113-114, DES Offices, 29 Hazen Drive
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, August 15, 2014 (4:00 PM)
CONTACT: Debra Sonderegger (Debra.Sonderegger@des.nh.gov), DWGB Principal Planner

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

  • Env-Wq 909 Certification Required for Youth Skill Camps

OLS Notice Number 2014-90
PUBLIC HEARING: Tuesday, July 22, 2014; 10:00 AM; Rms 113-114, DES Offices, 29 Hazen Drive
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, August 15, 2014 (4:00 PM)
CONTACT: Debra Sonderegger (Debra.Sonderegger@des.nh.gov), DWGB Principal Planner

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

  • Env-Wq 1300 Clean Lakes Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is completed.

OLS Notice Number 2014-106
PUBLIC HEARING: Friday, August 15, 2014; 9:00 AM; Room 112, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Friday, August 29, 2014 (4:00 PM)
CONTACT: Amy Smagula (Amy.Smagula@des.nh.gov), Exotic Species Program Coordinator

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
[includes fiscal impact statement]

 

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 902 Adobe Acrobat Reader Symbol- Protecting the Purity of Surface Water Sources of Drinking Water (previously Env-Ws 386) - Effective May 20, 2014

The rules listed below are effective June 1, 2014:

  • Env-Dw 100 Adobe Acrobat Reader SymbolPublic Water Systems: Purpose and Applicability; Use of Federal Terms; Special Provisions For Political Subdivisions; Definitions
  • Env-Dw 200 Adobe Acrobat Reader SymbolPublic Water Systems: Rule Waivers; Confidential Business Information; Hearing Procedures
  • Env-Dw 401 Adobe Acrobat Reader SymbolPublic Water System Classification; Well Siting Requirements; Hydrogeologic and Engineering Studies
  • Env-Dw 402 Adobe Acrobat Reader SymbolGeneral Design Standards for Public Water Systems
  • Env-Dw 403 Adobe Acrobat Reader SymbolPublic Water Systems: Coatings, Additives and Lead Prohibition
  • Env-Dw 404 Adobe Acrobat Reader SymbolDesign Standards for Large Public Water Systems
  • Env-Dw 405 Adobe Acrobat Reader SymbolDesign Standards for Small Community Public Water Systems
  • Env-Dw 406 Adobe Acrobat Reader SymbolDesign Standards for Non-Community Public Water Systems
  • Env-Dw 407 Adobe Acrobat Reader SymbolStandards Adopted by Reference
  • Env-Dw 505 Adobe Acrobat Reader SymbolPublic Water System Backflow Prevention
  • Env-Dw 701, 718, 721, 722 Adobe Acrobat Reader SymbolPublic Water System Public Water Systems: Federal Definitions, Recordkeeping, Exemptions, Best Available Technology (BAT)
  • Env-Dw 723 Adobe Acrobat Reader SymbolNon-Central Treatment
  • Env-Dw 1001 Adobe Acrobat Reader SymbolGrants for Surface Water Treatment, Regional Water Systems, and Groundwater Investigations
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 300 Adobe Acrobat Reader SymbolAboveground Storage Tank Facilities - Effective February 7, 2014
  • Env-Or 400 Adobe Acrobat Reader SymbolUnderground Storage Tank Facilities (formerly Env-Wm 1401) - Effective September 1, 2013
 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

  • Env-Sw 1701.02 Adobe Acrobat Reader Symbol Applicability, Exemptions [re: wood ash] EMERGENCY RULE effective February 11, 2014


The Solid Waste Rules listed below are effective July 1, 2014. THE EXISTING SOLID WASTE RULES REMAIN IN EFFECT THROUGH JUNE 30, 2014.

 

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

  • Env-Wq 1100 Adobe Acrobat Reader SymbolPublic Bathing Places - Effective May 1, 2014
 

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 2014. State of New Hampshire