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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)

  • Env-Dw 704.02 - Arsenic MCL & MCLG

OLS Notice Number 2020-2

PUBLIC HEARING: Wednesday, February 12, 2020, 10:00 AM; Room 110, NHDES Offices, 29 Hazen Drive, Concord, NH
NOTE: NHDES security procedures require all visitors to sign in and present photo identification (such as a driver’s license). If you plan to attend the public hearing, please bring photo identification with you.
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, February 21, 2020

CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Environmentalist III

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(c), Table 600-1 - Arsenic AGQS

OLS Notice Number 2020-3

PUBLIC HEARING: Wednesday, February 12, 2020, 10:00 AM; Room 110, NHDES Offices, 29 Hazen Drive, Concord, NH
NOTE: NHDES security procedures require all visitors to sign in and present photo identification (such as a driver’s license). If you plan to attend the public hearing, please bring photo identification with you.
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, February 21, 2020

CONTACT: Holly Green (Holly.Green@des.nh.gov), DWGB Environmentalist III

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 1503.19(h) - Amendments to Criteria for Issuance of AOT Permits

OLS Notice Number 2019-216

PUBLIC HEARING ON DRAFT FP: Tuesday, March 17, 2020, 9:00 AM; Rooms 112-113, NHDES Offices, 29 Hazen Drive, Concord, NH

NOTE: NHDES security procedures require all visitors to sign in and present photo identification (such as a driver’s license). If you plan to attend the public hearing, please bring photo identification with you.

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

DEADLINE FOR FILING WRITTEN COMMENTS ON DRAFT FP: 4:00 PM on Tuesday, March 31, 2020

PUBLIC HEARING: Friday, January 24, 2020, 9:00 AM; Rooms 112-113, NHDES Offices, 29 Hazen Drive, Concord, NH
NOTE: NHDES security procedures require all visitors to sign in and present photo identification (such as a driver’s license). If you plan to attend the public hearing, please bring photo identification with you.
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, January 31, 2020

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

Draft Final Proposal Adobe Acrobat Reader Symbol
Notice of Public Hearing and Comment Period for Draft FP Adobe Acrobat Reader Symbol

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

 

PROPOSED WETLANDS RULES (Env-Wt)

  • Env-Wt 306.05(a)(1), Env-Wt 406.03(a)

OLS Notice Number 2020-9

PUBLIC HEARING: Thursday, February 13, 2020, 9:00 AM; Room 114, NHDES Offices, 29 Hazen Drive, Concord, NH
NOTE: NHDES security procedures require all visitors to sign in and present photo identification (such as a driver’s license). If you plan to attend the public hearing, please bring photo identification with you.
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND THE PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, February 21, 2020

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

JLCAR review anticipated at meeting scheduled for March 20, 2020

Final Proposal - Fixed Text Adobe Acrobat Reader Symbol [no change from IP]
Summary of Comments-Responses Adobe Acrobat Reader Symbol

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
  • Env-A 1500 Adobe Acrobat Reader SymbolConformity- effective January 18, 2020
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that were scheduled to expire on October 1, 2019 will remain in effect through January 17, 2020.
  • Env-A 1700 Adobe Acrobat Reader SymbolPermit Application Forms - effective January 6, 2020
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that were scheduled to expire on October 1, 2019 will remain in effect through January 5, 2020.
    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 Adobe Acrobat Reader SymbolSO2 and NOx Annual Budget Trading and Banking Program
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that were scheduled to expire on October 1, 2019 will remain in effect through Feb. 24, 2020.
  • Env-A 4600 Adobe Acrobat Reader SymbolCarbon Dioxide (CO2) Budget Trading Program - effective January 1, 2020
  • Env-A 4700 Adobe Acrobat Reader SymbolCarbon Dioxide (CO2) Offset Projects - REPEALED effective January 1, 2020
 

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 December 20, 2019
 

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:

  • Env-Wt 306.05(a)(1), ENv-Wt 406.03(a) Adobe Acrobat Reader Symbol Emergency Rules re delineation not required for shoreline structure projects- Effective December 23, 2019
  • Env-Wt 100 Adobe Acrobat Reader Symbol Definitions; Access to Files - Effective Dec. 15, 2019 ALSO SEE amendments to Env-Wt 100 below
  • Env-Wt 100 various sections, Env-Wt 204.03(c) Adobe Acrobat Reader Symbol- Amendments to Adopted Wetlands Rules: Definitions, Content of Waiver Requests - Effective Dec. 24, 2019
  • Env-Wt 200 Adobe Acrobat Reader Symbol Hearings, Appeals, and Waivers - Effective Dec. 15, 2019 ALSO SEE amendments to Env-Wt 200 above
  • Env-Wt 300, 500, & 600 various sections & paragraphs Adobe Acrobat Reader Symbol - Further Amendments to Adopted Wetlands Rules
  • Env-Wt 300-600 & 900 various sections and paragraphs Adobe Acrobat Reader Symbol - Amendments to Adopted Wetlands Rules - Effective Dec. 24, 2019
  • Env-Wt 300 Adobe Acrobat Reader Symbol Permits and Other Authorizations; Conditions Applicable To All Work In Jurisdictional Areas - Effective Dec. 15, 2019 ALSO SEE amendments to Env-Wt 300 above
  • Env-Wt 400 Adobe Acrobat Reader Symbol Delineation and Classification of Jurisdictional Areas; Classification of Projects - Effective Dec. 15, 2019 ALSO SEE amendments to Env-Wt 400 above
  • Env-Wt 500 Adobe Acrobat Reader Symbol Project-Specific Requirements - Effective Dec. 15, 2019 ALSO SEE amendments to Env-Wt 500 above
    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 ALSO SEE amendments to Env-Wt 600 above
  • 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 ALSO SEE amendments to Env-Wt 900 above
 

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

copyright 2017. State of New Hampshire