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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 1200 Volatile Organic Compounds (VOCs) Reasonably Available Control Technology (RACT)
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that are scheduled to expire on June 1, 2019 will remain in effect during this rulemaking.

OLS Notice Number 2019-80

PUBLIC HEARING: Friday, June 21, 2019, 9:30 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, June 28, 2019

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

JLCAR review anticipated at meeting scheduled for September 19, 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
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED CROSS-PROGRAM RULES (Env-C)

  • Env-C 202.07, Env-C 209.07 (new) - Expediting Review of Applications

OLS Notice Number 2019-126

PUBLIC HEARING: Thursday, August 22, 2019, 10:00 AM; Room 114, DES Offices, 29 Hazen Drive, Concord, NH

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

DEADLINE TO SUBMIT WRITTEN COMMENTS: 4:00 PM on Friday, August 30, 2019

CONTACT: Tim Drew (Timothy.Drew@des.nh.gov), Public Information and Permiting Unit Administrator

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

  • Env-C 214 Cross-Media Electronic Reporting Rule (CROMERR) Compliance

OLS Notice Number 2019-109

PUBLIC HEARING: Friday, August 2, 9:00 AM; Room 110, 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, August 16, 2019

CONTACT: Muriel Lajoie (Muriel.Lajoie@des.nh.gov), Business Systems Analyst II

Initial Proposal Adobe Acrobat Reader Symbol(all text is new)
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED DAM & RELATED RULES (Env-Wr)

 

PROPOSED DRINKING WATER & RELATED RULES (Env-Dw)

  • Env-Dw 1300 Administrative Procedures for Grants and Loans from the Drinking Water and
    Groundwater Trust Fund

OLS Notice Number 2019-102

PUBLIC HEARING: Thursday, July 25, 2019, 9:00 AM; Room 112, NHDES Offices, 29 Hazen Drive, Concord, NH
YOU MAY SUBMIT WRITTEN COMMENTS EVEN IF YOU DO NOT ATTEND A PUBLIC HEARING
DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, August 9, 2019

Contact: Debra Sonderegger (Debra.Sonderegger@des.nh.gov), DWGB Principal Planner

Initial Proposal Adobe Acrobat Reader Symbol [all new]
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED HAZARDOUS WASTE RULES (Env-Hw)

  • Env-Hw 100 various sections - Hazardous Waste – Organization and Definitions

OLS Notice Number 2019-130

PUBLIC HEARING: Thursday, August 29, 2019, 9:00 AM; Rooms 110-111, NHDES Offices, 29 Hazen Drive, Concord, NH

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, September 6, 2019

Contact: Wendy Bonner (Wendy.Bonner@des.nh.gov), Regulatory Manager, Hazardous Waste Management Bureau

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

  • Env-Hw 203.03 Hazardous Waste – Procedural Rules for e-Manifests and Import/Export

OLS Notice Number 2019-131

PUBLIC HEARING: Thursday, August 29, 2019, 9:00 AM; Rooms 110-111, NHDES Offices, 29 Hazen Drive, Concord, NH

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, September 6, 2019

Contact: Wendy Bonner (Wendy.Bonner@des.nh.gov), Regulatory Manager, Hazardous Waste Management Bureau

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

  • Env-Hw 300-800, 1100, 1200 various sections - Hazardous Waste Amendments:  E-Manifest-Related Revisions to Permits, Identification of Hazardous Waste, Generators, Transporters, Facility Owners/Operators, Recycling, Universal Waste, Land Disposal Restrictions

OLS Notice Number 2019-132

PUBLIC HEARING: Thursday, August 29, 2019, 9:00 AM; Rooms 110-111, NHDES Offices, 29 Hazen Drive, Concord, NH

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

DEADLINE FOR FILING WRITTEN COMMENTS: 4:00 PM on Friday, September 6, 2019

Contact: Wendy Bonner (Wendy.Bonner@des.nh.gov), Regulatory Manager, Hazardous Waste Management Bureau

Initial Proposal Adobe Acrobat Reader Symbol
Initial Proposal - Fixed Text Adobe Acrobat Reader Symbol
Rulemaking Notice Adobe Acrobat Reader Symbol

 

PROPOSED OIL & REMEDIATION RULES (Env-Or)

 

PROPOSED SOLID WASTE RULES (Env-Sw)

 

PROPOSED WATER QUALITY/QUANTITY RULES (Env-Wq)

 

PROPOSED WETLANDS RULES (Env-Wt)

 

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 1000 Adobe Acrobat Reader Symbol Prevention, Abatement, and Control of Open Source Air Pollution - effective August 1, 2019
    NOTE: Pursuant to RSA 541-A:14-a, I, the rules that were scheduled to expire on May 1, 2019 will remain in effect through July 31, 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 703 & 710.03, 710.04, 710.07 Adobe Acrobat Reader Symbol Amendments to Drinking Water Quality Standards and Monitoring Requirements for Radionuclide Contaminants - eff. June 22, 2019
  • Env-Dw 722 Adobe Acrobat Reader Symbol Public Water Systems: Best Available Technology and Treatment Techniques - eff. June 22, 2019
  • Env-Dw 700-800 amendments Adobe Acrobat Reader Symbol- Water Quality Standards, Monitoring, Compliance, Reporting, and Public Notification for Certain PFAS - Effective September 30, 2019
 

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 402 amendments Adobe Acrobat Reader Symbol- Discharges to Groundwater of Wastewater Containing  Certain PFAS - Effective September 30, 2019
  • Env-Wq 1405.02 & 1405.03 Adobe Acrobat Reader Symbol Amendments relative to Accessory Structures under RSA 483-B - Effective December 15, 2019
 

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

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