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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 800 Testing and Monitoring Procedures
    NOTE:
    Pursuant to RSA 541-A:14-a, I, the existing rules in Env-A 800 that were scheduled to expire on October 31, 2018 will continue in effect until new rules are in effect.

OLS Notice Number 2018-181

PUBLIC HEARING: Tuesday, December 11, 2018, 11:00 AM; Room 214, 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, December 21, 2018 (4:00 PM)

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

JLCAR review anticipated at meeting scheduled for April 26, 2019.

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

  • Env-A 2300 Mitigation of Regional Haze
    Note:
    Pursuant to RSA 541-A:14-a, I, the rules that were scheduled to expire on January 8, 2019 will remain in effect during this rulemaking.

OLS Notice Number 2018-211

PUBLIC HEARING: Thursday, January 31, 2019, 1:30 PM; Room 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, February 8, 2019 (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

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 700-800 amendments - Water Quality Standards, Monitoring, Compliance, Reporting, and Public Notification for Certain Perfluorochemicals

ALSO SEE related rulemakings: proposed amendments to Env-Or 603.03, Env-Wq 402

OLS Notice Number 2019-16

PUBLIC HEARINGS:

Monday, March 4, 2019, 5:30 PM;
NEW LOCATION: Merrimack Town Hall, Matthew Thornton Room, 6 Baboosic Lake Road, Merrimack, NH
Tuesday, March 5, 2019, 1:00 PM; Auditorium, DES Offices, 29 Hazen Drive, Concord NH
Tuesday, March 12, 2019, 5:30 PM; NHDES Pease Field Office, Room A, 222 International Drive, Suite 175, Portsmouth, NH

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, April 12, 2019 (4:00 PM)

Contact: Chip Mackey (Harrison.Mackey@des.nh.gov), DWGB Drinking Water Quality Manager

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

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

  • Env-Or 603.03(b)(2) & (c) intro & Table 600-1 pertaining to certain compounds - Amendments to Ambient Groundwater Quality Standards (AGQS)

ALSO SEE related rulemakings: proposed amendments to Env-Dw 700-800, Env-Wq 402

OLS Notice Number 2019-15

PUBLIC HEARINGS:

Monday, March 4, 2019, 5:30 PM;
NEW LOCATION: Merrimack Town Hall, Matthew Thornton Room, 6 Baboosic Lake Road, Merrimack, NH
Tuesday, March 5, 2019, 1:00 PM; Auditorium, DES Offices, 29 Hazen Drive, Concord NH
Tuesday, March 12, 2019, 5:30 PM; NHDES Pease Field Office, Room A, 222 International Drive, Suite 175, Portsmouth, NH

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, April 12, 2019 (4:00 PM)

Contact: Lea Anne Atwell (LeaAnne.Atwell@des.nh.gov), Haz. Waste Remediation Bureau, Emerging Contaminants Coordinator

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

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • Env-Wq 402 amendments - Discharges to Groundwater of Wastewater Containing  Certain Perfluorochemicals

ALSO SEE related rulemakings: proposed amendments to Env-Dw 700-800, Env-Or 603.03

OLS Notice Number 2019-14

PUBLIC HEARINGS:

Monday, March 4, 2019, 5:30 PM;
NEW LOCATION: Merrimack Town Hall, Matthew Thornton Room, 6 Baboosic Lake Road, Merrimack, NH
Tuesday, March 5, 2019, 1:00 PM; Auditorium, DES Offices, 29 Hazen Drive, Concord NH
Tuesday, March 12, 2019, 5:30 PM; NHDES Pease Field Office, Room A, 222 International Drive, Suite 175, Portsmouth, NH

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

LAST DAY TO FILE WRITTEN COMMENTS: Friday, April 12, 2019 (4:00 PM)

Contact: Stephen Roy (Stephen.Roy@des.nh.gov), DWGB Technical Section Manager, Groundwater Permitting

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

  • Env-Wq 1405.02 & 1405.03 Amendments relative to Accessory Structures under RSA 483-B

OLS Notice Number 2018-193

SEE Env-Wt 100-900 for days, dates, and times of public hearings
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND A PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, January 18, 2019 (4:00 PM)

CONTACT: Mary Ann Tilton (MaryAnn.Tilton@des.nh.gov), Wetlands Bureau Assistant Administrator

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)

  • Env-Wt 100-900 Wetlands Rules (see individual chapters below)

PUBLIC HEARINGS for all rules scheduled as follows:
Monday, December 3, 2018; 2:00 PM; Auditorium, DES Offices, 29 Hazen Drive, Concord NH
Monday, December 3, 2018; 6:00 PM; Auditorium, DES Offices, 29 Hazen Drive, Concord NH
Tuesday, December 4, 2018; 6:00 PM; Keene Parks & Recreation Center, 312 Washington Street, Keene, NH
Thursday, December 6, 2018; 6:30 PM; Laconia City Hall, 45 Beacon Street East, Laconia, NH
Tuesday, December 11, 2018; 5:30 PM; North Country Resource Center, 629 B Main Street, Lancaster, NH
Thursday, December 13, 2018; 2:00 PM; NHDES Pease Field Office, Room A, 222 International Drive, Suite 175, Portsmouth, NH
Thursday, December 13, 2018; 6:30 PM; NHDES Pease Field Office, Room A, 222 International Drive, Suite 175, Portsmouth, NH

YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND A PUBLIC HEARING
LAST DAY TO FILE WRITTEN COMMENTS: Friday, January 18, 2019 (4:00 PM)

CONTACT: Mary Ann Tilton (MaryAnn.Tilton@des.nh.gov), Wetlands Bureau Assistant Administrator

OLS Notice Number 218-184
Env-Wt 100 Wetlands: Definitions; Access to Files

Env-Wt 100 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 100 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 100 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 218-185
Env-Wt 200 Wetlands: Hearings, Appeals, and Waivers

Env-Wt 200 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 200 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 200 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-186
Env-Wt 300 Wetlands: Permits and Other Authorizations; Conditions Applicable To All Work In Jurisdictional Areas

Env-Wt 300 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 300 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 300 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-187
Env-Wt 400 Wetlands: Delineation and Classification of Jurisdictional Areas; Classification of Projects

Env-Wt 400 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 400 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 400 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-188
Env-Wt 500 Wetlands: Project-Specific Requirements

Env-Wt 500 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 500 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 500 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 218-189
Env-Wt 600 Wetlands: Coastal Lands and Tidal Waters and Wetlands

Env-Wt 600 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 600 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 600 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-190
Env-Wt 700 Wetlands: Prime Wetlands

Env-Wt 700 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 700 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 700 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-191
Env-Wt 800 Wetlands: Compensatory Mitigation

Env-Wt 800 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 800 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 800 Rulemaking Notice Adobe Acrobat Reader Symbol

OLS Notice Number 2018-192
Env-Wt 900 Wetlands: Stream Crossings; Certified Culvert Maintainer Program

Env-Wt 900 Initial Proposal Adobe Acrobat Reader Symbol
Env-Wt 900 Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Env-Wt 900 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)

 

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)

  • Env-Wq 404 Adobe Acrobat Reader Symbol Underground Injection Control Requirements - effective March 1, 2019
  • Env-Wq 1200 Adobe Acrobat Reader Symbol Winnipesaukee River Basin Program - effective March 19, 2019
  • Env-Wq 1900 Adobe Acrobat Reader Symbol Instream Flow Rules - effective December 22, 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