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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 1100 Drinking Water State Revolving Loan Fund

OLS Notice Number 2020-54

PUBLIC HEARING: Date/Time: Thursday, July 16, 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: 160 891 7098
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 31, 2020

CONTACT for rule-related questions: Johnna McKenna (Johnna.McKenna@des.nh.gov), Administrator II, DWGB

CONTACT FOR HEARING INFO: Kathryn Sanders (Kathryn.Sanders@des.nh.gov)

Preliminary Objection entered at October JLCAR; will respond

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-Dw 1400 Per and Polyfluoroalkyl Substances (PFAS) Remediation Loan Fund Program

OLS Notice Number2020-89

PUBLIC HEARING: Friday, November 6, 2020, 1:00 PM; This will be a virtual hearing via GoToWebinar(R)

Please register at:

https://attendee.gotowebinar.com/register/3295466556399265808

After registering, you will receive a confirmation email containing information about joining the webinar.

If any problems, please contact Erin Holmes at 603-848-4259 or Erin.L.Holmes@des.nh.gov

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Monday, November 16, 2020

CONTACT for rule-related questions: Amy Rousseau (Amy.Rousseau@des.nh.gov), Administrator, PFAS Response Section, MtBERemediation Bureau

CONTACT if problems accessing hearing info: Erin Holmes (Erin.L.Holmes@des.nh.gov), 603-848-4259

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

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

  • Change to AGQS for Manganese (Mn)

OLS Notice Number 2020-87

PUBLIC HEARING: Thursday, November 5, 2020, 1:00 PM; This will be a virtual hearing via GoToWebinar. Please register at:

https://attendee.gotowebinar.com/register/6088419604777210125

After registering, you will receive a confirmation email containing information about joining the webinar.

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 13, 2020.

CONTACT: Amy Doherty (Amy.Doherty@des.nh.gov), Hydrogeologist V, Haz. Waste Remediation Bureau

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 1100 Public Bathing Facilities

OLS Notice Number 2020-80

PUBLIC HEARING: Date/Time: Thursday, October 8, 2020, 10:00 AM: This will be a virtual hearing via WebEx. Contact Ted Diers at Theodore.Diers@des.nh.gov to obtain the link, meeeting number, and passwork.
You also may call in to the meeting: Call in Number: +1-571-317-3122; Access Code:  277-137-565

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, October 23, 2020

CONTACT for rule-related questions:Ted Diers (Theodore.Diers@des.nh.gov), Administrator, Watershed Management Bureau

CONTACT FOR HEARING INFO: Ted Diers at Theodore.Diers@des.nh.gov

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 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 24, 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)

JLCAR entered conditional approval; will respond, adopt

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

Initial Proposal Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol
Extension of Public Comment Deadline 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)

  • Env-C 208.06 Adobe Acrobat Reader Symbol Non-Confidential Information - effective September 25, 2020
 

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)

 

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 Delineation not required for shoreline structure projects - Effective June 2, 2020
  • 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

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