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 CFR 63.91(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 EPA in 2003 under the provisions of 40 CFR 63 .93 as a substitute for certain requirements in 

40 CFR 61 . In accordance with the requirements of 40 CFR 63.91(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 CFR 61 .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-Wm 3900, were approved for substitution via a notice of 

direct final rule published in the Federal Register dated May 28, 2003 (ref. Vol. 68, no. 102), 

with an effective date of July 28, 2003. 

2 . In 2008, Chapter Env-Wm 3900 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 Web Site : 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 1-800-735-2964 
Curtis 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 of Health 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 from He-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-Sw 2100 is enclosed . The 

initial proposal is annotated and shows what was changed in Env-Sw 2100. The language 

contained in the initial proposal is identical to the language in the final proposal 

Therefore, in accordance with the provisions of 40 CFR 63.91(e)(2), DES requests EPA to 

approve the readopted and recodified rules in Env-Sw 2100 (copy enclosed) as a substitute for 

the same provisions of 40 CFR 61 .01 through 40 CFR 61 .18 and 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-Sw 2109 as adopted on January 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, Associate Attorney General 

Michael J. Wimsatt, DES WMD 

Pamela Hoyt-Denison, DES WMD 

Laura J. Kieronski, DES WMD 

Carl Woodbury, DES WMD 

Pamela Monroe, DES ARD 

City of Nashua 

Town of Hudson