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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 1500 Conformity
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that are scheduled to expire on October 1, 2019 will remain in effect during this rulemaking.

OLS Notice Number 2019-163

PUBLIC HEARING: Tuesday, October 29, 2019, 10:30 AM; Room 114, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 8, 2019

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

  • Env-A 1700 Permit Application Forms
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that are scheduled to expire on October 1, 2019 will remain in effect during this rulemaking.

OLS Notice Number 2019-164

PUBLIC HEARING: Friday, October 25, 2019, 10:30 AM; Room 114, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 1, 2019

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

JLCAR review anticipated at meeting scheduled for December 19, 2019

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Final Proposal - Annotated Text Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol
See below for forms (no changes from IP)

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
Form ARD-1 Adobe Acrobat Reader Symbol
Form ARD-2 Adobe Acrobat Reader Symbol
Form ARD-3 Adobe Acrobat Reader Symbol
Form ARD-4 Adobe Acrobat Reader Symbol
Form ARD-5 Adobe Acrobat Reader Symbol
Form ARD-6 Adobe Acrobat Reader Symbol
Form ARD-7 Adobe Acrobat Reader Symbol
Form ARD-8 Adobe Acrobat Reader Symbol

  • Env-A 2900 SO2 and NOx Annual Budget Trading and Banking Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that are scheduled to expire on October 1, 2019 will remain in effect during this rulemaking.

OLS Notice Number 2019-165

PUBLIC HEARING: Friday, November 15, 2019, 11:00 AM; Room 114, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 22, 2019

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

  • Env-A 4600 Carbon Dioxide (CO2) Budget Trading Program

OLS Notice Number 2019-183

PUBLIC HEARING: Friday, November 15, 2019, 11:30 AM; Rooms 113-114, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 22, 2019

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

JLCAR review anticipated at meeting scheduled for December 19, 2019

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Final Proposal - Annotated Text Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

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

  • Env-A 4700 Carbon Dioxide (CO2) Offset Projects - REPEAL

OLS Notice Number EXP 2019-1

PUBLIC HEARING: Friday, November 15, 2019, 11:30 AM; Rooms 113-114, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 22, 2019

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

JLCAR review anticipated at meeting scheduled for December 19, 2019

Initial Proposal Adobe Acrobat Reader Symbol[No Final Proposal required]
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)

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

  • Env-Wq 1001.03 amd - Amendments to Waiver Requirements for Septic Systems

OLS Notice Number 2019-175

PUBLIC HEARING: Monday, November 4, 2019, 1:00 PM; Rooms 112-113, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Wednesday, November 13, 2019

CONTACT: Rob Tardif (Robert.Tardif@des.nh.gov), Administrator, Subsurface Systems Bureau

JLCAR review anticipated at meeting scheduled for December 19, 2019

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol[No changes from IP]

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

 

PROPOSED WETLANDS RULES (Env-Wt)

  • Env-Wt 100 various sections, Env-Wt 204.03(c) - Amendments to Adopted Wetlands Rules: Definitions, Content of Waiver Requests

OLS Notice Number 2019-166

PUBLIC HEARING: Friday, November 8, 2019, 1:00 PM; Room 208C, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 22, 2019

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

JLCAR review anticipated at meeting scheduled for December 19, 2019

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Final Proposal - Annotated Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

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

  • Env-Wt 300-600 & 900 various sections and paragraphs - Amendments to Adopted Wetlands Rules

OLS Notice Number 2019-167

PUBLIC HEARING: Friday, November 8, 2019, 1:00 PM; Room 208C, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, November 22, 2019

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

JLCAR review anticipated at meeting scheduled for December 19, 2019

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol
Final Proposal - Annotated Adobe Acrobat Reader Symbol
Summary of Comments-Responses Adobe Acrobat Reader Symbol

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

  • Env-Wt 300, 500, & 600 various sections & paragraphs - Further Amendments to Adopted Wetlands Rules

OLS Notice Number 2019-201

PUBLIC HEARING: Thursday, December 12, 2019, 10:00 AM; Rooms 110-111, NHDES Offices, 29 Hazen Drive, Concord, NH

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, December 20, 2019

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

Initial Proposal Adobe Acrobat Reader Symbol
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)

  • Env-A 1200 Adobe Acrobat Reader Symbol Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT) - effective October 17, 2019
 

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 1300 Adobe Acrobat Reader Symbol- Administrative Procedures for Grants and Loans from the Drinking Water and
    Groundwater Trust Fund
    - Effective October 23, 2019
 

RECENTLY ADOPTED HAZARDOUS WASTE RULES (Env-Hw)

  • Env-Hw 100 various sections Adobe Acrobat Reader Symbol- Hazardous Waste – Organization and Definitions - effective November 23, 2019
  • Env-Hw 203.03 Adobe Acrobat Reader Symbol- Hazardous Waste – Procedural Rules for e-Manifests and Import/Export - effective November 23, 2019
  • Env-Hw 300-800, 1100, 1200 various sections Adobe Acrobat Reader Symbol- Hazardous Waste Amendments:  E-Manifest-Related Revisions to Permits, Identification of Hazardous Waste, Generators, Transporters, Facility Owners/Operators, Recycling, Universal Waste, Land Disposal Restrictions - effective November 23, 2019
 

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)

  • Env-Wt 100 Adobe Acrobat Reader Symbol Definitions; Access to Files - Effective Dec. 15, 2019
  • Env-Wt 200 Adobe Acrobat Reader Symbol Hearings, Appeals, and Waivers - Effective Dec. 15, 2019
  • Env-Wt 300 Adobe Acrobat Reader Symbol Permits and Other Authorizations; Conditions Applicable To All Work In Jurisdictional Areas - Effective Dec. 15, 2019
  • Env-Wt 400 Adobe Acrobat Reader Symbol Delineation and Classification of Jurisdictional Areas; Classification of Projects - Effective Dec. 15, 2019
  • Env-Wt 500 Adobe Acrobat Reader Symbol Project-Specific Requirements - Effective Dec. 15, 2019
    Appendix D - WinniBreakwaterMap Adobe Acrobat Reader Symbol
  • Env-Wt 600 Adobe Acrobat Reader Symbol Coastal Lands and Tidal Waters and Wetlands - Effective Dec. 15, 2019
  • Env-Wt 700 Adobe Acrobat Reader Symbol Prime Wetlands - Effective Dec. 15, 2019
  • Env-Wt 800 Adobe Acrobat Reader Symbol Compensatory Mitigation - Effective Dec. 15, 2019
  • Env-Wt 900 Adobe Acrobat Reader Symbol Stream Crossings; Certified Culvert Maintainer Program - Effective Dec. 15, 2019
 

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