Env-Or 600 Rulemaking Notice, Upcoming Public Hearing, and Comment Period

June 18, 2024

The New Hampshire Department of Environmental Services (NHDES) is proposing to revise various sections of Env-Or 600 Contaminated Site Management Rules (Env-Or 600). Proposed amendments to the rules include provisions specific to per- and polyfluoroalkyl substances (PFAS) as required by Chapter 326, Laws of 2022, effective July 8, 2022, codified as RSA 485-H:13.  The Initial Proposal and Rulemaking Notice (including the Fiscal Impact Statement) for the rules are available on NHDES’ website RULEMAKING: Env-Or 600 Contaminated Sites Management. NHDES prepared a Technical Summary Report to summarize the derivation of proposed values for Soil Remediation Standards for certain PFAS, which includes an evaluation of the soil-to-groundwater (i.e., leaching) pathway and an update to the Direct Contact Risk Based Screening Values for certain PFAS. More information is available at the HWRB PFAS webpage under the heading "Regulatory Values for PFAS in Soil and Water."  

Env-Or 600 implements various provisions of RSA 146-A, RSA 146-C, RSA 147-A, 147-B, RSA 147-F, RSA 485, and RSA 485-C by governing the investigation, management, and remediation of sites contaminated by the discharge of regulated contaminants.

A public hearing for this rulemaking is scheduled for Thursday, May 23, 2024, at 1:00 PM. Interested parties may attend the hearing in person in Room 114 of the NH Department of Transportation Offices at 7 Hazen Drive, Concord, NH. Please see the Rulemaking Notice for details about attending the hearing.  

The deadline for submission of written comments is Friday, 4:00 PM May 31, 2024. Written comments may be submitted even if you do not attend the public hearing.  Comments should be directed to Jeffrey M. Marts., P.G., Administrator of the Hazardous Waste Remediation Bureau, at Jeffrey.M.Marts@des.nh.gov or fax (603) 271-2456.