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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 NHDES 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 NHDES 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 NHDES 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 NHDES 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 101.671 Definition of Emergency Generator

OLS Notice Number 2018-67

PUBLIC HEARING: Thursday, May 17, 2018, 1:00 PM; Rooms 110-111, DES Offices, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, May 25, 2018 (4:00 PM)

CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

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

  • Env-A 1300 NOx RACT Rules

OLS Notice Number 2018-68

PUBLIC HEARING: Thursday, May 17, 2018, 1:00 PM; Rooms 110-111, DES Offices, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, May 25, 2018 (4:00 PM)

CONTACT: Karla McManus (Karla.McManus@des.nh.gov), ARD Planning and Rules Manager

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

  • Env-A 3300 Municipal Waste Combustion, Including Requirements for Combusting Processed Wood Residue

NOTE: See related rulemaking for amendment to Env-Sw 705.06

OLS Notice Number 2018-91

PUBLIC HEARING: Friday, June 15, 2018, 10:30 AM; Rooms 112-114, DES Offices, 29 Hazen Drive, Concord, NH

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 29, 2018 (4:00 PM)

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

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 101.04 Date of Incorporated Federal Regulations

OLS Notice Number 2018-99

PUBLIC HEARING: Tuesday, June 19, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord

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

LAST DAY TO FILE WRITTEN COMMENTS: Wednesday, June 27, 2018 (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 701 PWS: Purpose and Applicability; Units of Measure; Definitions
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 701 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-80

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (4:00 PM)

CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Rules Coordinator

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

  • Env-Dw 702-706 PWS: Drinking Water Quality Standards for Public Water Systems
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 702-706 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-81

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (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

  • Env-Dw 707 PWS: General Monitoring Requirements, Laboratory Analytical Methods
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 707 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-82

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (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

  • Env-Dw 708 PWS: Sampling Schedules
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 708 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-83

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (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

  • Env-Dw 710-713 PWS: Monitoring and Compliance Requirements
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 710-713 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-84

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (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

  • Env-Dw 718-719 PWS: Recordkeeping and Reporting
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 719 that were scheduled to expire on May 1, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-85

PUBLIC HEARING: Tuesday, June 5, 2018, 10:00 AM; Room 110, DES, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 15, 2018 (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

  • Env-Dw 800 Public Notification for PWS
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-Dw 800 that were scheduled to expire on June 30, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-104

PUBLIC HEARING: Thursday, July 12, 2018, 10:00 AM; Room 110, DES Offices, 29 Hazen Drive, Concord

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, July 20, 2018 (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

  • Env-Dw 1200 Privately Owned Redistribution Systems
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that are scheduled to expire will continue in effect until new rules are in effect.

OLS Notice Number 2018-25

PUBLIC HEARING: Thursday, March 29, 2018; 10:00 AM; Room 110, DES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR WRITTEN COMMENTS: Friday, April 6, 2018 (4:00 PM)

CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Rules Coordinator

JLCAR review anticipated at meeting scheduled for Thursday, July 19, 2018

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 HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

  • Env-Sw 705.06 intro & (f) - Combustion of Construction and Demolition Debris Amendments

NOTE: See related rulemaking for Env-A 3300

OLS Notice Number 2018-90

PUBLIC HEARING: Friday, June 15, 2018, 10:30 AM; Rms 112-114, DES Offices, 29 Hazen Drive, Concord, NH

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, June 29, 2018 (4:00 PM)

CONTACT: Paul Gildersleeve (Paul.Gildersleeve@des.nh.gov), CE IV

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

  • Env-Sw 2100 Inactive Asbestos Disposal Sites
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that were scheduled to expire on February 16, 2018 will continue in effect until new rules are in effect.

    OLS Notice Number 2018-26

    PUBLIC HEARING: Wednesday, March 28, 2018; 6:30 PM; Nashua City Hall Auditorium, Nashua, NH
    YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
    DEADLINE FOR WRITTEN COMMENTS: Friday, April 13, 2018 (4:00 PM)

CONTACT: Pamela Hoyt-Denison (Pamela.Hoyt-Denison@des.nh.gov), Administrator, Waste Programs

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

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

 

PROPOSED WETLANDS RULES (Env-Wt)

  • Env-Wt 901.03, 902-904 Stream Crossing Rules Scheduled to Expire May 12, 2018
    NOTE: Pursuant to RSA 541-A:14-a, I, the existing rules that were scheduled to expire on May 12, 2018 will continue in effect.

OLS Notice Number 2018-89

PUBLIC HEARING: Thursday, June 7, 2018; 1:00 PM; Rms 110-111, NHDES Offices, 29 Hazen Drive, Concord
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR WRITTEN COMMENTS: Friday, June 15, 2018 (4:00 PM)

CONTACT: Mary Ann Tilton (MaryAnn.Tilton@des.nh.gov), Admin. III

Initial Proposal Adobe Acrobat Reader Symbol NO CHANGES TO EXISTING RULES PROPOSED
Rulemaking Notice Adobe Acrobat Reader Symbol

 

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. NHDES 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 NHDES is required by law to provide. Such inclusion on this page shall not be construed as indicating that NHDES 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 NHDES 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 NHDES 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 715 Adobe Acrobat Reader Symbol PWS: Disinfection Residuals, Byproducts, and Byproduct Precursors - eff. June 1, 2018
  • Env-Dw 716 Adobe Acrobat Reader Symbol PWS: Filtration, Disinfection, and Waste Recycling- eff. June 1, 2018
  • Env-Dw 717 Adobe Acrobat Reader Symbol Groundwater Monitoring and Treatment - eff. June 1, 2018
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

Env-Hw 100 - 1200 became effective August 14, 2017

 

RECENTLY ADOPTED OIL & REMEDIATION RULES (Env-Or)

 

RECENTLY ADOPTED SOLID WASTE RULES (Env-Sw)

 

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

  • Env-Wq 402.05, 402.24, 402.25, 402.251 Adobe Acrobat Reader Symbol- Amendments relative to Groundwater Discharges of Wastewater Containing 1,4-Dioxane and the Required Response to Exceedances ofAmbient Groundwater Quality Standards - eff. Sept. 1, 2018
  • Env-Wq 403 Adobe Acrobat Reader SymbolLarge Groundwater Withdrawals - eff. March 21, 2018
  • Env-Wq 2200 amendments Adobe Acrobat Reader Symbol Voluntary Certified Salt Applicator Program Amendments, Including Application Fee - eff. June 1, 2018
 

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. NHDES 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 NHDES is required by law to provide. Such inclusion on this page shall not be construed as indicating that NHDES has any control over the content of the rules.

Adobe Acrobat Reader Symbol


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