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New Hampshire Department of Environmental Services
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Rules/Regulatory
Proposed and Recently Adopted Rules

SPECIAL NOTICE RE: GOVERNOR'S DIRECTIVE RE: RULEMAKING

On January 5, 2017, Governor Sununu issued a directive requiring state agencies to pause any proposed rulemaking, except in limited circumstances, until March 31, 2017. The directive also requires state agencies to evaluate all of their rules to determine whether the rules are mandated by law or are essential to the public health, safety, or welfare.

NHDES is cooperating fully with Governor Sununu’s directive for state agencies to review their rules. In conjunction with this review, it has been determined that certain rules already in the formal rulemaking progress when the directive was issued for which a final proposal is due prior to March 31, 2017 will continue in the process, subject to further review per the directive. Also, NHDES has discussed with the Governor’s office initiating rulemaking for the rules that are scheduled to expire prior to March 31, 2017, specifically hazardous waste, water works operator certification & permit to operate, and youth camps.

Any questions regarding the status of a particular rulemaking should be directed to the contact person identified below for that rule or to Legal@des.nh.gov.

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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 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
YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: Wednesday, November 30, 2016 (4:00 PM)
CONTACT: Karla McManus (Karla.McManus@des.nh.gov), 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)

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 103.41 - Definition of Owner/Operator (NEW)

OLS Notice Number 2016-237
PUBLIC HEARING: Thursday, January 19, 2017; 10 AM; Rm 110; DES Offices, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING
DEADLINE FOR WRITTEN COMMENTS: Friday, January 27, 2017 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Rules Coordinator

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

  • Env-Dw 403.02, 402.03, & 714 - Control of Lead and Copper; Public Drinking Water Primacy Amendments

OLS Notice Number 2016-238
PUBLIC HEARING: Thursday, January 19, 2017; 10 AM; Rm 110; DES Offices, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING
DEADLINE FOR WRITTEN COMMENTS: Friday, January 27, 2017 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Rules Coordinator

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

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

  • Env-Hw 100-1200 HAZARDOUS WASTE RULES

    A single public hearing will be conducted for these rules
    SEE individual listings below for rules, notices

    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Hw 200-1100 that were scheduled to expire on January 28, 2017 and that are included in this rulemaking will continue in effect until new rules are in effect.

PUBLIC HEARING: Thursday, February 23, 2017; 9:00 AM; Rooms 111-112, DES Offices, 29 Hazen Drive, Concord
NOTE: SAME BUILDING, NEW ROOMS

YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING

DEADLINE FOR WRITTEN COMMENTS: Friday, March 3, 2017 (4:00 PM)

CONTACT: Wendy Bonner (Wendy.Bonner@des.nh.gov), HWMB Regulatory Manager

  • Env-Hw 100 Hazardous Waste - Purpose, Applicability, and Definitions

OLS Notice Number 2017-10
Env-Hw 100 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 100 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 100 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 200 Hazardous Waste - Prodedural Rules

OLS Notice Number 2017-11
Env-Hw 200 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 200 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 200 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 300 Hazardous Waste - Permits

OLS Notice Number 2017-12
Env-Hw 300 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 300 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 300 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 400 Identification and Listing of Hazardous Wastes

OLS Notice Number 2017-13
Env-Hw 400 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 400 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 400 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 500 Hazardous Waste - Requirements for Generators

OLS Notice Number 2017-14
Env-Hw 500 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 500 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 500 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 600 Hazardous Waste - Requirements for Transporters

OLS Notice Number 2017-15
Env-Hw 600 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 600 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 600 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 700 Hazardous Waste - Requirements for Facility Owners/ Operators

OLS Notice Number 2017-16
Env-Hw 700 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 700 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 700 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 800 Hazardous Waste - Requirements for Recycling

OLS Notice Number 2017-17
Env-Hw 800 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 800 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 800 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 900 Hazardous Waste - Inspections/Enforcement

OLS Notice Number 2017-18
Env-Hw 900 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 900 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 900 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 1000 Hazardous Waste Cleanup Fund

OLS Notice Number 2017-19
Env-Hw 1000 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 1000 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 1000 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 1100 Hazardous Waste - Universal Waste

OLS Notice Number 2017-20
Env-Hw 1100 Initial Proposal Adobe Acrobat Reader Symbol
Env-Hw 1100 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol[easier to read]
Env-Hw 1100 Rulemaking Notice Adobe Acrobat Reader Symbol

  • Env-Hw 1200 Hazardous Waste - Land Disposal Restrictions

OLS Notice Number 2017-21
Env-Hw 1200 Initial Proposal Adobe Acrobat Reader Symbol[all text is new]
Env-Hw 1200 Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • Env-Wq 1500 Alteration of Terrain
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that would otherwise expire on January 1, 2017 that are included in this rulemaking will continue in effect until new rules are in effect.

OLS Notice Number 2016-246
PUBLIC HEARING: Friday, February 10, 2017; 9:00 AM, Rms 112-114; DES Offices, 29 Hazen Drive, Concord

YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING

DEADLINE FOR WRITTEN COMMENTS: Friday, February 24, 2017 (4:00 PM)

CONTACT: Ridge Mauck (Ridgely.Mauck@des.nh.gov), Terrain Alteration Bureau Administrator

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
YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING
DEADLINE FOR WRITTEN COMMENTS: Friday, January 20, 2017 (4:00 PM)

CONTACT: Tracie Sales (Tracie.Sales@des.nh.gov), 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
YOU MAY SUBMIT WRITTEN COMMENTS WITHOUT ATTENDING THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: Friday, November 4, 2016 (4:00 PM)
CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Rulemaking Coordinator

JLCAR review anticipated at meeting
scheduled for March 17, 2017

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 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)

  • Env-C 300 Adobe Acrobat Reader Symbol N.H. Environmental Laboratory Accreditation Program - effective January 1, 2017
 

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
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

 

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.

  • We 101.08, 101.11, 101.24, 101.27, & 101.38 Adobe Acrobat Reader Symbol Definitions for Water Well Board Rules - Effective December 23, 2016
    NOTE: Must be read in conjunction with existing rules
  • We 300-1000 Adobe Acrobat Reader Symbol Water Well Board Rules - Effective March 1, 2017
    NOTE: Existing rules remaing in effect through February 28, 2017



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 2017. State of New Hampshire