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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)

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

  • Env-C 201.02(b), 208, & 211 - Applicability; Submitting Confidential Information; Requests Under RSA 72:12-a

OLS Notice Number 2015-3
PUBLIC HEARING: Thursday, Feb. 12, 2015; 10:00 AM; Room 110, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENTS: 4:00 PM on Friday, Feb. 20, 2015
CONTACT: Pete Demas (Peter.Demas@des.nh.gov), Legal Coordinator

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)

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 600 Contaminated Site Management
    NOTE: Pursuant to RSA 541-A:14-a, 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-a, 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-F
    NOTE: Pursuant to RSA 541-A:14-a, 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 401 Required Best Management Practices for Groundwater Protection
    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 2014-179
PUBLIC HEARING: Monday, January 26, 2015; 1:00 PM; Rm 114, DES Offices, 29 Hazen Drive, Concord
DEADLINE FOR WRITTEN COMMENT: Wednesday, February 4, 2015 (4:00 PM)
CONTACT: Debra Sonderegger (debra.sonderegger@des.nh.gov), DWGB Principal Planner

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 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)

  • Env-A 702.05, Env-A 705.01 amd Adobe Acrobat Reader Symbol- Emision-Based Fee GSP Registration Fee for Emergency Generators
  • Env-A 907.01 Adobe Acrobat Reader Symbol- Annual Reporting Requirements for Certain Sources of Air Pollution
  • Env-A 4200 Adobe Acrobat Reader Symbol VOC Limits for Architectural and Industrial Maintenance (AIM) Coatings
  • Env-A 4300 Adobe Acrobat Reader SymbolOther Solid Waste Incineration
 

RECENTLY ADOPTED CROSS-PROGRAM RULES (Env-C)

  • Env-C 601-605 Adobe Acrobat Reader Symbol Administrative Fine Procedures (currently Env-C 601)
 

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

 

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

 

RECENTLY ADOPTED 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 Adobe Acrobat Reader Symbol
 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

 

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 901-908 Adobe Acrobat Reader Symbolamd re Youth Recreation Camps
  • Env-Wq 909 Adobe Acrobat Reader SymbolCertification Required for Youth Skill Camps
  • Env-Wq 1300 Adobe Acrobat Reader SymbolNew Hampshire Clean Lakes 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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