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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 4100 amendments - VOC Limits in Consumer Products

OLS Notice Number 2014-155
PUBLIC HEARING: Friday, Nov. 21, 2014; 1:00 PM; Room 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Tuesday, December 2, 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

JLCAR conditionally approved at November meeting; to be processed, adopted

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 [includes fiscal impact statement]

  • Env-A 4300 - Other Solid Waste Incineration

OLS Notice Number 2014-160
PUBLIC HEARING: Tuesday, Dec. 2, 2014; 2:00 PM; Room 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, December 12, 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)

  • Env-C 601-605 Administrative Fine Procedures (currently Env-C 601)
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until this rulemaking is completed.

OLS Notice Number 2014-137
PUBLIC HEARING: Friday, Oct. 17, 2014; 11:000 AM; Room 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: Wednesday, October 29, 2014 (4:00 PM)
CONTACT: Pete Demas (Peter.Demas@des.nh.gov), Legal Coordinator

JLCAR review anticipated at meeting scheduled for December 18, 2014

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 [includes fiscal impact statement]

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Definitions related to Revised Total Coliform Rule
    Env-Dw 103. 43 - definition of protected water supply [new]
    Env-Dw 103.51 - definition of seasonal system [revised; currently Env-Dw 103.50]

OLS Notice Number 2014-151
PUBLIC HEARING: Friday, November 21, 2014; 2:00 PM; Room 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Tuesday, December 2, 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
Rulemaking Notice Adobe Acrobat Reader Symbol[includes fiscal impact statement]

  • Revised Total Coliform Rule and Other Updates - Env-Dw 506; various sections/paragraphs of Env-Dw 701-708 & 710-713; Env-Dw 709; Env-Dw 720; various sections/paragraphs of Env-Dw 801, 804, & 811; Env-Dw 802

OLS Notice Number 2014-152
PUBLIC HEARING: Friday, November 21, 2014; 2:00 PM; Room 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Tuesday, December 2, 2014 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), Water Supply Land Protection Grant Program and DWGB Rules Coordinator

Initial Proposal - Env-Dw 506 Adobe Acrobat Reader Symbol- Seasonal Public Water Systems
Initial Proposal - Env-Dw 701-708 (various); Env-Dw 709; Env-Dw 710-713 (various) Adobe Acrobat Reader Symbol- Water Quality: Standards, Monitoring, Treatment, Compliance, and Reporting
Initial Proposal - Env-Dw 720 Adobe Acrobat Reader Symbol- Inspections; Significant Deficiencies; Assessments
Initial Proposal - Env-Dw 800 Adobe Acrobat Reader Symbol- Public Notification
Rulemaking Notice Adobe Acrobat Reader Symbol[includes fiscal impact statement]

  • 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 2014-115
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

JLCAR review anticipated at meeting scheduled for December 18, 2014

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

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)

  • Env-Hw 401.03(a) intro & (11), (b)(28), (b)(29), (k) & (l); Env-Hw 508.03(b); Env-Hw 509.02(a)(7); Env-Hw 707.03(b); Env-Hw 1110.04(c) - Hazardous Waste Wipes and Tanks

OLS Notice Number 2014-116
PUBLIC HEARING: Thursday, September 4, 2014; 9:00 AM; Rms 213-14, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, September 12, 2014 (4:00 PM)
CONTACT: Wendy Bonner (Wendy.Bonner@des.nh.gov), HW Regulatory Manager

JLCAR conditionally approved at November meeting; to be processed, adopted

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[includes fiscal impact statement]

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 600 Contaminated Site Management
    NOTE: Pursuant to RSA 541-A:14-Aa, I, the rules that otherwise would expire in February 2015 will continue in effect until new rules are in effect.

OLS Notice Number 2014-166
PUBLIC HEARING: Friday, January 9, 2015; 9:00 AM; Rm 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, January 30, 2015 (4:00 PM)
CONTACT: Karlee Kenison (karlee.kenison@des.nh.gov), Supervisor, Groundwater Remediation Permitting

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

  • Env-Or 700 Groundwater Release Detection Permits
    NOTE: Pursuant to RSA 541-A:14-Aa, I, these rules will continue in effect until new rules are in effect.

OLS Notice Number 2014-167
PUBLIC HEARING: Friday, January 9, 2015; 9:00 AM; Rm 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, January 30, 2015 (4:00 PM)
CONTACT: Karlee Kenison (karlee.kenison@des.nh.gov), Supervisor, Groundwater Remediation Permitting

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

  • Env-Or 800 Brownfields Program Under RSA 147-A
    NOTE: Pursuant to RSA 541-A:14-Aa, I, these rules will continue in effect until new rules are in effect.

OLS Notice Number 2014-168
PUBLIC HEARING: Friday, January 9, 2015; 9:00 AM; Rm 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, January 30, 2015 (4:00 PM)
CONTACT: Michael McCluskey (michael.mccluskey@des.nh.gov), Project Manager

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

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • 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

JLCAR approved at November meeting; to be adopted

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[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

JLCAR conditionally approved at November meeting; to be processed, adopted

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[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)

The rules listed below became effective June 1, 2014:

  • 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 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
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

The Solid Waste Rules listed below became effective July 1, 2014.

 

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

  • Env-Wq 700 Adobe Acrobat Reader Symbol Standards of Design and Construction for Sewerage and Wastewater Treatment Facilities
  • Env-Wq 1300 Adobe Acrobat Reader SymbolNew Hampshire Clean Lakes Program
  • Env-Wq 1701.03 Adobe Acrobat Reader SymbolCompliance Schedules in NPDES Permits
  • Env-Wq 2200 Adobe Acrobat Reader Symbol Voluntary Certified Salt Applicator Program
 

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

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