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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[final update 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)

 

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)

 

PROPOSED WETLANDS RULES (Env-Wt)

  • Env-Wt 100 various sections - Wetlands Definitions Clarified

OLS Notice Number 2020-46

PUBLIC HEARING: Date/Time:Monday, June 29, 2020, 1:00 PM; This will be a virtual hearing via WebEx.  Contact Kathryn Sanders at Kathryn.Sanders@des.nh.gov to obtain the link,  meeting number, and password.

You also may call in to the meeting: Call in Number: +1-415-655-0001; Access Code: 476 128 402

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday,July 10, 2020

CONTACT for rule-related questions: Mary Ann Tilton (MaryAnn.Tilton@des.nh.gov), Wetlands Bureau Assistant Administrator
CONTACT FOR HEARING INFO: Kathryn Sanders (Kathryn.Sanders@des.nh.gov)

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

  • Env-Wt 300-900 various sections and paragraphs - Spring 2020 Amendments to Wetlands Rules

OLS Notice Number 2020-47

PUBLIC HEARING: Date/Time:Monday, June 29, 2020, 1:00 PM; This will be a virtual hearing via WebEx.  Contact Kathryn Sanders at Kathryn.Sanders@des.nh.gov to obtain the link,  meeting number, and password.

You also may call in to the meeting: Call in Number: +1-415-655-0001; Access Code: 476 128 402

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday,July 10, 2020

CONTACT for rule-related questions: Mary Ann Tilton (MaryAnn.Tilton@des.nh.gov), Wetlands Bureau Assistant Administrator
CONTACT FOR HEARING INFO: Kathryn Sanders (Kathryn.Sanders@des.nh.gov)

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)

 

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)

Consolidated chapters:

Original Adopted Rules:

  • Env-Hw 100 various sections Adobe Acrobat Reader Symbol- Hazardous Waste – Organization and Definitions - 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)

  • Env-Wq 1001.03 amendments Adobe Acrobat Reader Symbol Amendments to Waiver Requirements for Septic Systems - Effective December 21, 2019
  • Env-Wq 1405.02 & 1405.03 Adobe Acrobat Reader Symbol Amendments relative to Accessory Structures under RSA 483-B - Effective December 15, 2019
  • Env-Wq 1503.19(h) Adobe Acrobat Reader Symbol Amendments to Criteria for Issuance of AOT Permits - EMERGENCY RULE - Effective through June 1, 2020
  • Env-Wq 1503.19(h) Adobe Acrobat Reader Symbol Amendments to Criteria for Issuance of AOT Permits - Effective June 2, 2020
 

RECENTLY ADOPTED WETLANDS RULES (Env-Wt)

Consolidated chapters (Env-Wt 500 Appendix D and Env-Wt 700-800 copied here for convenience):

Original adopted rules:

 

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.

  • Odb 100-200 Adobe Acrobat Reader Symbol Definitions, Organization, Meetings/Deliberations, Info Management, Confidentiality, Procedures - effective December 15, 2019
  • Odb 400 Adobe Acrobat Reader Symbol Rules for Reimbursement - effective December 15, 2019
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

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