Thomas S. Burack, Commissioner 

# RECEIVED January 28, 2010 H . Curtis Spalding, Regional Administrator U .S. Environmental Protection Agency 5 Post Office Square - Suite 100 Boston, MA 02109-3912 

## F E B 4 2010 OFFICE OF THE REGIONAL ADMINISTRATOR Subject: Request for Approval pursuant to 40 CFR63.91(e)(2) for readopted rules

pertaining to inactive asbestos disposal sites in New Hampshire Dear Mr. Spalding: The purpose of this correspondence is to notify the U .S. Environmental Protection Agency (EPA) that the State of New Hampshire, Department of Environmental Services (DES) recently completed the process to readopt expiring administrative rules pertaining to management of certain inactive asbestos disposal sites in New Hampshire, such rules having been approved by the EPAin 2003 under the provisions of 40 CFR 63.93 as a substitute forcertain requirements in 40 CFR61 . In accordance with the requirements of 40 CFR63.91(e)(2), DES is hereby requesting EPA approval of the readopted rules as a substitute for 40 CFR 61 .01 through 40 CFR 61 .18 (Subpart A, General Provisions) and 40 CFR61 .151 (Subpart M provisions applicable to inactive asbestos disposal sites) . Legal authority for DES to adopt, implement and enforce the rules has not changed, nor are there any substantive changes to the rules. A brief history of the rules is as follows. 1 . The rules, originally codified as Env-Wm3900, were approved for substitution via anotice of direct final rule published in the Federal Register dated May 28, 2003 (ref. Vol . 68, no. 102), with an effective date ofJuly 28, 2003. 2. In 2008, Chapter Env-Wm3900 was subsequently redesignated editorially with a new subtitle as Env-Sw

2100 pursuant to a state approved reorganization plan for DES rules. See enclosed certification by DES Commissioner Thomas S. Burack stating that the recodified rules are the same in substance as the rules originally codified as Env-Wm 3900 . 3. Recently, in anticipation that the rules will expire on February 16, 2010, DES completed the process for obtaining state approval to readopt the rules with minor amendments as described below . Approval was granted on December 17, 2009 and the effective date will be February 16, 2010 . No substantive changes have been made to the rules. Changes are limited to updating statutory and rule cites as needed to reflect agency organizational changes that took place in 2005 and related rule consolidation changes that took place in 2008, as follows: The State of New

Hampshire Cr~`~ 

### DEPARTMENT OF ENVIRONMENTAL SERVICES

DES WebSite: www

.des .nh.Qov P.O . Box 95, 29 Hazen Drive, Concord, New Hampshire 03302=0095 Telephone: (603) 271-2925 Fax: (603) 271-2456 TDD Access: Relay NH 1-800-735-2964Curtis Spalding, EPA Region I

Request for approval per 40 CFR 63 .91(e)(2) January 28, 2010

" In 2005, legislation was enacted to transfer the portions of the asbestos control program that had been at the NH Department ofHealth and Human Services (DHHS) to DES. Therefore, in the readopted rule, refeiences to DHHS have been~updated accordingly. In 2008, DES consolidated the former DHHS rules into Env-A 1800 fromHe-P 5000 . Therefore, in the readopted rule, references to He-P 5000 have been updated accordingly. For your reference, a copy of the initial proposal for readopting Env-Sw2100 is enclosed. The initial proposal is annotated and shows what was changed in Env-Sw 2100 . Thelanguage contained in the initial proposal is identical to the language in the final proposal Therefore, in accordance with the provisions of40 CFR63.91(e)(2), DES requests EPAto approve the readopted and recodified rules in Env-Sw 2100 (copy enclosed) as a substitute for the same provisions of40 CFR 61 .01 through 40 CFR61 .18and 40 CFR 61 .151 as were substituted by the predecessor rule Env-Wm 3900 on July 28, 2003. If you have questions, please contact Pamela Hoyt-Denison at (603) 271-2945. Sincerely,



# . Thomas S. Burack Commissioner Encl : Env-Sw2109 as adopted onJanuary 26, 201.0, to be effective February. 16, a(310 t~ January 26,'2010 adoption letter by DES Commissioner Burack Initial Proposal dated October 1, 2009 March 4, 2008 certification letter by DES Commissioner Burack cc: Gretchen Hamel, DES Legal Unit cc: Susan Lancey, USEPA-Region I Alan Brooks, AssociateAttorney General Michael J. Wimsatt, DES WMD Pamela Hoyt-Denison, DES WMD LauraJ. Kieronski, DESWMD Carl Woodbury, DES WMD Pamela Monroe, DES ARD City of Nashua Town of Hudson