Water Quality Certification

Protecting surface water quality and uses by ensuring compliance with state water quality standards.

The purpose of the Water Quality Certification (WQC) program is to protect surface water quality and uses (such as swimming and aquatic life) by ensuring compliance with New Hampshire surface water quality standards. Examples of surface waters include lakes, ponds, rivers, streams, wetlands and tidal waters. The WQC program is authorized by New Hampshire RSA 485-A:12, III and IV. Water Quality Certification for federal National Pollutant Discharge Elimination System (NPDES) permits are typically administered by the NHDES Wastewater Engineering Bureau. All other WQCs are administered by the NHDES Watershed Management Bureau. Water Quality Certifications may include enforceable conditions, including monitoring requirements, to ensure compliance with surface water quality standards.

Who is required to apply for water quality certification?

A WQC is required for any activity that requires certification under § 401 of the federal Clean Water Act (CWA) as well as for any surface water withdrawal that exceeds 20,000 gallons per day averaged over a 7-day period or more than 600,000 gallons over a 30-day period, did not exceed those withdrawal rates prior to September 5, 2008, and must be registered with NHDES under RSA 488:3 (see RSA 485-A:12, III and IV and RSA 488:3). § 401 of the CWA requires an applicant for any federal license or permit that would authorize an activity that may result in a discharge into waters of the United States to provide the federal agency with a WQC issued by a state to ensure that the activity will comply with applicable surface water quality requirements. EPA's regulations at 40 CFR 121  address § 401 certification generally. For federally-issued NPDES permits issued under § 402 of the CWA, EPA must also comply with the § 401 certification federal regulations in 40 CFR 124. Other federal agencies may also have § 401 certification regulations for their licensing and permitting programs. Applicants for activities that are covered under federal general permits including, but not limited to, the U.S. Army Corps of Engineers § 404 general permits, do not need to submit an Application for WQC to NHDES because NHDES has already issued a WQC for activities covered under those general permits.

How Do I Apply?

To download a copy of the NHDES standard WQC application, go to the Application for Water Quality Certification website. A complete Application for WQC is required for any activity that requires certification under § 401 of the federal CWA as well as for any surface water withdrawal that exceeds 20,000 gallons per day averaged over a 7-day period or more than 600,000 gallons over a 30-day period, did not exceed those withdrawal rates prior to September 5, 2008, and must be registered under RSA 488:3.

In addition, applicants for WQCs that are subject to § 401 of the CWA must also submit a complete “certification request”, as specified under 40 CFR 121, concurrently to NHDES (i.e., the “certifying authority”) and the agency of the Federal Government (e.g., the U.S Army Corps of Engineers, Federal Energy and Regulatory Commission, U.S. Environmental Agency, etc.) to which application is made for a federal license or permit. Certification request requirements are included in 40 CFR 121.5. Upon request, NHDES can provide applicants with a template document that lists the required items in the applicable part of 40 CFR 121.5 for a complete certification request. As discussed below, applicants must submit a pre-filing meeting request at least 30 days prior to submitting a certification request. 

Applications and certification requests for WQCs should either be emailed to wqc@des.nh.gov and Judith Sears Houston at judith.e.houston@des.nh.gov with “Request for Water Quality Certification” in the subject line of the email, or mailed to the following address:

Attn: Judith Sears Houston, Watershed Management Bureau
NH Department of Environmental Services 
29 Hazen Drive, P.O. Box 95
Concord, New Hampshire 03302-0095
 

Am I required to hold a pre-application (or pre-filing) meeting?

Applicants for WQCs that only require certification for large surface water withdrawals are not required to request or hold a pre-application meeting. However, prior to submitting an Application for WQC to NHDES, NHDES recommends that those applicants contact NHDES to discuss the project and application requirements and determine if a pre-application meeting would be beneficial to the applicant or NHDES.

According to federal regulations at 40 CFR 121, applicants for WQCs that are subject to § 401 of the CWA must request a pre-filing meeting with NHDES at least 30 days prior to submitting a certification request. According to this federal regulation, NHDES is not obligated to grant or respond to the pre-filing meeting request. 
          
Requests for a pre-filing meeting should either be emailed to wqc@des.nh.gov and Judith Sears Houston at judith.e.houston@des.nh.gov with “Request for Pre-filing Meeting” in the subject line of the email, or mailed to the following address:

Attn: Judith Sears Houston, Watershed Management Bureau
NH Department of Environmental Services 
29 Hazen Drive, P.O. Box 95
Concord, New Hampshire 03302-0095

How long does the application process take?

Under RSA 485-A:12, III-a(a) and V(a), within 50 days of receipt of the application, NHDES is required to either notify an applicant that an Application for WQC is complete or request any additional information required to complete NHDES’ evaluation of the application. For certifications required by § 401 of the CWA, RSA 485-A:12, III-a(c) and federal regulations at 40 CFR 121 require NHDES to act on an Application for WQC and a certification request within a reasonable period of time that is established by NHDES and the federal agency in accordance with federal regulations and cannot exceed one year. The reasonable period of time that NHDES has to act on the § 401 certification request does not begin until the applicant submits a complete § 401 certification request that includes all of the items required under 40 CFR 121.5.

For certifications that are required for large surface water withdrawals, RSA 485-A:12, V(c) requires NHDES to act on a certification request within 90 days after receiving a complete Application for WQC.

Tools and Guidance

What Applications for Water Quality Certifications are currently under review?

Project Applications

*NHDES posts applications to its website so that members of the public can review the proposed project ahead of a public comment period. If you require an accommodation with this file, please contact:

The applications for the Little Bay Subaqueous Water Transmission Main, Sawmill Hydroelectric Project, Shelburne Hydroelectric Project, Upper Gorham Hydroelectric Project, Cascade Hydroelectric Project, Riverside Hydroelectric Project, J. Brodie Smith Hydroelectric Project, and Gorham Hydroelectric Project are too large to post online in full. Portions of the applications were not included to allow for posting. For a copy of a complete application, please contact Judith Sears Houston at judith.e.houston@des.nh.gov or (603) 271-2983.

Email NHDES to Request to be Notified of WQC Public Notices 

In your email, please specify which water quality certification you want to be notified about. NHDES will do its best to notify you via email, but the ultimate responsibility to stay informed is yours by periodically checking this website. Not receiving an email from NHDES would not be grounds for asserting that you were not properly notified.

Rules and Regulations

Watershed-Management
Judith E. Sears Houston, P.E.
Water Quality Planning Section Supervisor
judith.e.houston@des.nh.gov
(603) 271-2983
Wastewater-Engineering
Stergios Spanos P.E.
Supervisor
stergios.spanos@des.nh.gov
(603) 271-6637

Public Comment

More Public Notices

Approved Certifications