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New Hampshire Department of Environmental Services
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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 900 Owner or Operator Recordkeeping and Reporting Obligations
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that otherwise would expire in April 2015 will continue in effect until new rules are in effect.

OLS Notice Number 2015-55
PUBLIC HEARING: Tuesday, May 12, 2015; 1:00 PM; Rm 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, May 22, 2015 (4:00 PM)
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

JLCAR review anticipated at meeting scheduled for July 16, 2015

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 [easier to read]
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)

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

  • Env-Sw 1105.13(o) - Signature Requirement for Annual Facility Reports for Active Solid Waste Facilities

OLS Notice Number 2015-91
PUBLIC HEARING: Friday, July 10, 2015; 9:00 AM; Rm 111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, July 17, 2015 (4:00 PM)
CONTACT: Sharon Yergeau (Sharon.Yergeau@des.nh.gov), Compliance Assurance Section Supervisor

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

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • Env-Wq 500 State Water Pollution Control Revolving Loan Fund
    NOTE: Pursuant to RSA 541-A:14-a, I, rules that otherwise would expire on May 8, 2015 will continue in effect until new rules are in effect.

OLS Notice Number 2015-76
PUBLIC HEARING: Thursday, June 4, 2015; 9:00 AM; Auditorium, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, June 12, 2015 (4:00 PM)
CONTACT: Beth Malcolm (Beth.Malcolm@des.nh.gov), Environmentalist IV

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-Wq 800 Sludge Management
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules will continue in effect until new rules are in effect.

OLS Notice Number 2015-86
PUBLIC HEARING: Tuesday, June 30, 2015; 6:00 PM (NOTE TIME!); Auditorium, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, July 10, 2015 (4:00 PM)
CONTACT: Mike Rainey (
Michael.Rainey@des.nh.gov), Supervisor, Residuals Mgmt Section

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-Wq 1106.02 - Public Swimming Pools: Materials and Methods of Construction

OLS Notice Number
PUBLIC HEARING: Friday, July 24, 2015; 9:00 AM; Rooms 110-111, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, August 7, 2015 (4:00 PM)
CONTACT: Tim Wilson (Richard.Wilson@des.nh.gov), Public Bathing Facility Program Manager

Initial Proposal Adobe Acrobat Reader Symbol
Inital Proposal - Fixed Text Adobe Acrobat Reader Symbol(easier to read)
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED WETLANDS RULES (Env-Wt)

  • Env-Wt 101 amendments - Definitions related to Wetlands Mitigation Rules

OLS Notice Number 2015-96
PUBLIC HEARING: Thursday, July 30, 2015; 1:00 PM, Rooms 112-114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, August 14, 2015 (4:00 PM)
CONTACT: Lori Sommer (Lori.Sommer@des.nh.gov), Wetland Mitigation Coordinator

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

  • Env-Wt 501 amendments, Env-Wt 800 - Wetlands Mitigation Rules
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the rules that otherwise would expire on June 20, 2015 will continue in effect until new rules are in effect.

OLS Notice Number 2015-97
PUBLIC HEARING: Thursday, July 30, 2015; 1:00 PM, Rooms 112-114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR FILING WRITTEN COMMENT: Friday, August 14, 2015 (4:00 PM)
CONTACT: Lori Sommer (Lori.Sommer@des.nh.gov), Wetland Mitigation 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]

 

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)

 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 600 Adobe Acrobat Reader Symbol Contaminated Site Management - Effective 06-01-15
  • Env-Or 700 Adobe Acrobat Reader Symbol Groundwater Release Detection Permits - Effective 06-01-15
  • Env-Or 800 Adobe Acrobat Reader Symbol Brownfields Program Under RSA 147-F - Effective 06-01-15
 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

 

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

  • Env-Wq 401 Adobe Acrobat Reader SymbolRequired Best Management Practices for Groundwater Protection
 

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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