NEW HAMPSHIRE 

RULEMAKING REGISTER 

OFFICE OF LEGISLATIVE SERVICES 

ROOM 219, STATE HOUSE ANNEX 

25 CAPITOL STREET 

CONCORD, NEW HAMPSHIRE 03301-6312 

Tel . (603) 271-3680 TDD Access : 

Fax (603) 271-7871 Website: www.gencourt.state .nh.us/rules/index.html Relay NH 1-800-735-2964 

VOLUME XXVIII, Number 31, August 1, 2008 

TABLE OF CONTENTS 

1 . OFFICE OF LEGISLATIVE SERViCES Page No_. 

a. List of Notices of Proposed Rules NN.2008-148 through NN 2008-150 

and Proposed Interim Rule INT 2008-29 -ib. Notices of Proposed Rules and Proposed Interim Rule 1 

2. COMMITTEE (JLCAR) 

CONTINUED MEETING: Thursday, July 31, 2008 9:00 a.m. 

Room, 100, State House 

REGULAR MEETING: Thursday, August 21, 2008 9:00 a.m. 

Rooms 306/308, Legislative Office Building 

JLCAR MEETING DATES AND RELATED FILING DEADLINES 

JULY-DECEMBER, 2008 

The JLCAR has voted to hold its regularly scheduled monthly meetings for July through December, 2008 on the 

third Thursdavs listed below. The minimum 14-day "deadline" prior to the regular JLCAR meeting is listed for 

agencies to file final proposals or proposed interim rules* for placement on the JLCAR agenda pursuant to RSA 

541-A:12, I and RSA 541-A:19, V. The JLCAR has also scheduled continued meetings as listed . below on select 

Thursdays to address any items postponed from the prior regular meetings. 

*Note: Register publication, and notice filing deadlines, will still occur on Fridays, except as noted: RSA 

541-A:19, V requires that an agency's interim rulemaking notice, whether in a newspaper or in the Register, 

must be published at least 7 days prior to the JLCAR meeting. Therefore, the deadline for filing a proposed 

interim rule with a Register notice will be earlier as listed below. 

*Filing Deadline for Regular Meeting Regular Meeting Continued Meeting 

Interim Rules Filing Deadline Date -Date 

wl Register Notice 

July 31 

August 1 August 7 August 21 September 4 

August 29 : September 4 September 18 October 2 

September 26 October 2 October 16 November 6 

October 31 November 6 November 20 " December 4 

November 26 (Wednesday) December 4 December 18 None 
NEW HAMPSHIRE RULEMAKING REGISTER 

Notices of Proposed Rules 

Notice 

Number Rule Number Agency and Short Title of Rule 

2008-148 Saf-C 5700 Department of Safety, Commissioner 

various sections Criminal Record Check Fee. 

2008-149 Env-Wq 1800 . Department of Environmental Services 

Water Quality and Quantity Programs 

Rivers Management and Protection Program . 

2008-150 Env-A 1800 Department of Environmental Services 

(incorporating Air Related Programs 

He-P 5000) Asbestos Management and Control . 

Page No. 

6 

Notices of Proposed Interim Rules 

Interim 

Notice ' 

Number Rule Number Agency and Short Title of Rule 

~ (INT 2008-29) Rev 3000 Department of Revenue Administration 

Land and Community Heritage Investment Program Recording 

Surcharge. 

Page No. 

10 
NEW HAMPSHIRE RULEMAKING REGISTER 

Notice Number 2008-150 

1 . Agency Name & Address : 

Department of Environmental Services 

29 Hazen Drive 

P.O. Box 95 -

Concord, NH 03302-0095 

5 . Short Title: 

Rule Number 

August 1, 2008 Page 6 

Env-A 1800 (incorporating He-P 5000) 

2. RSA Authority: 

3. Federal Authority: 

RSA 141-E:4 

42 U .S .C. 7412(1) ; 15 U .S .C. 

2643(rn) 

4. Type of Action: 

Adoption 

Amendment 

Repeal 

Readoption 

Readoption w/amendment 

Asbestos Management and Control 

6. (a) Summary of what the rule says and the effect of the rule on those regulated : 

X 

a 

X 

The proposed readoption with amendment of Env-A 1800 will combine the ekisting Env-A 1800, which , 

contains requirements for asbestos renovations and demolitions, and He-P, 5000, which contains licensing 

and certification requirements for asbestos contractors and workers, into a single regulation. Certain 

notification fees will be increased, as will certain licensing/certification fees for various asbestos 

abatement disciplines and asbestos consultants . The administrative fine provisions will be repealed to 

reflect recent amendments to RSA 141-E. Part He-P 5006, Safe Worker Practice, which duplicates federal 

OSHA regulations found at 40 CFR Part 763, subpart G, is proposed to be eliminated as redundant. The 

ratio of workers-in-training to trained, certified asbestos disposal site workers on a particular job is 

increased to 2:1 from the present 1 :1 . Additionally, the federal asbestos-in-schools regulations at 40 CFR 

763, Subpart E, will be incorporated by reference . 

6. (b) Brief description of the groups affected : 

6. (c) 

The rule applies to any person who owns or operates any building containing fegulated asbestoscontaining material (RACM) and who either renovates or demolishes the building, and any person 

involved in asbestos abatement activities, including analytical laboratories, consultants and asbestos 

abatement contractors . The owner of a private, single-family residence occupied by the owner who 

performs asbestos abatement activities on the residence is subject only to the asbestos removal 

procedures and disposal requirements in Env-A 1805 .06 and 1805 .07. The rule also applies to nonprofit, elementaiy and secondary education schools, which are subject to the Asbestos Hazard 

Emergency Response Act of 1986 ("AHERA"). 

Specific section or sections of state statute or federal statute or regulation which the rule is intended to 

implement: 

Rule Number s. Statute( s) lm 1eme nted ' 

Env-A 1801 .01 

_ _ 

RSA 141-E:1 

Env-A 1801 .02 RSA 141-E:3 

Env-A 1802.01-1802,04, RSA 141-E :4 

1802 .07-1802 .11, 1802,13- ' 

1802 .20,1802.22-1802 .31, 

1802 .33-1802 .37, 1802.41, 

1802 .43-1802 .46, 1802.48- 

1802 .56 

Env-A 1802.05 RSA 141-E:2,1 

Tnv-A 1802.06 RSA 141-E ;2,II 
NEW HAMPSHIRE RULEMAKING REGISTER August 1 , 2008 Pap 7 

NN 2008-150 Continued 

(Item 6. (c) cont.) 

Env-A 1802.12 RSA 141-E:2,II1 

Env-A 1802 .21 RSA 141-E :2,1V 

Env-A 1802.32 RSA 141-E:2,Vl 

Env-A 1802.38-1802 .40, 1802.42 RSA 141-E:4,1 

Env-A 1802 .47 RSA 141-E:2,VII 

Env-A 1803 .01- .08 RSA 141-E:3,XI 

Env-A 1803.09 RSA 141-E :12,I1 

Env-A I804.01- .04 RSA 141-E:3,X 

Env-A 1804.05- .07 RSA 141-E:8 & 13 

Env-A 1804.08 RSA 141-E:8,I11 ' 

Env-A 1804.09 RSA 141-E:12 

Env-A 1805 8: 1806 RSA I41-E:3,VIIl; .RSA 141-E:9 

Env-A 1807.01 RSA 14I-E:4,II(a) 3) ; 42 U.S .C . 7412; 40 CFR 61, Subpart M 

Env-A ~1807.02 RSA 141-E; 15 U.S .C . 2643 ( m); 40 CFR 763, Subpart E 

Env-A 1808 RSA 141-E:8 Rs 13 

Env-A 1809 RSA l4I-E:4,II & VIII , 

Env-A 18)0 RSA 141-E:4,11 & VIII ; RSA 141-E:10-I1 

Env-A 1811 RSA 141-E:4, XV; RSA 141-E:10 

Env-A 1812 RSA 141-E:4, XV; RSA 141-E:11 

Env-A 1813 RSA 141-E :4, XV 

Env-A 1814 RSA 141-E:4,XI1 

He-P 5006-5007, 5009 (Repealed) 

7. Contact person for copies and questions including requests to accommodate persons with disabilities : 

Name: Painela Monroe Title: Compliance Bureau Administrator 

Address: Department of Environmental Services Phone #: (603) 271-0882 

29 Hazen Drive 

P .O . Box 95 Fax# : (603) 271-1370 

' Concord, NH 03302-0095 . E-mail : pamela.monroe@des.nh .gov . 

The rules also can be viewed in PDF at TTY/TDD Access : Relay NH 1-800-735-2964 or 

llttp ://www.des.ailh .gov/Rulemakin dial 711 (in NH) 

8 . Deadline for submission of materials in writing or, if practicable for the agency, in the electroriic format 

specified: Friday, September 12, 2008, at 4 p.m . 

®Fax ®E-inail []Other format (specifj,) : 

9 . Public hearing scheduled for: 

Date and Time: Tuesday, September 2, 2008, at 10:00 a.m. 

Place: Room 110, DES offices, 29 FTazen Drive, Concord, NH 03301 
NEW HAMPSHIRE RULEMAKING REGISTER August I, 2008 

NN 2008-150 Continued 

10 . Fiscal Impact Statement (Prepared by Legislative Budget Assistant) 

FIS # 08 :145 , dated, 7122/08 

' Page 8 

1 . Comparison of the costs of the proposed rule(s) to the existing rute(s): 

The proposed rules increase certain notification, licensing, and certffioation fees for 

asbestos abatement disciplines and asbestos consultants. Fee increases are as follows: 

Fee Exlstin Proposed 

Notification fee for Class N project: $200 $300 

Notification fee for Class S project: $25 $50 

Notification fee revised project: $10 $25 

Annual renewal license fee for asbestos 

abatement entity: $500 $750 

Annual renewal license fee for asbestos 

abatement supervisor: $150 $200 

Annual renewal certification fee for asbestos 

worker: $40 , $50 

Initial certification fee for asbestos inspector: $100 $200 

Annual renewal certification fee for asbestos 

inspector: $75 $200 

Initial certifloation fee for asbestos 

management planner: $100 $200 

Annual renewal certification fee for 

asbestos management planner; $75 $200 

Initial certification fee for asbestos project 

designer: $100 $200 

Annual renewal certification fee for asbestos 

project designer: $75 $200 

Initial combination certffication fee: . $100 $zQg 

Annual renewal fee for first combination 

certification : $75 $20 

Fee for replacement of lost or stolen wrtificate: . $15 $20 

Air sample analysis, phase contrast microscopy: $25 . $50 

Also, inspection fees under the proposed Env-A 1804.09 will Include costs related to the 

Department's inspection personnel, including hourly salary and benefit costs, traVel, 

lodging, meals, equipment, and supplies. ' . " 

in addition, the ratio.ofwQrkers-in-training to trained, certified asbestos disposal site 

workers on a particular job is increased to 2 :1 from the present 1 :1, which is expected to 

decrease costs for asbestos disposal site contractors. 

The Department states the repeal of the schedule of fines in He-P 5009.03 will have no 

fiscal impact since state statutes (RSA 12v-C:15, I-b and RSA,141-1=:16) provide 

authority for administrative fines. 
NEW HAMPSHIRE RULEMAKING REGISTER August 1, 2008 Page 9 

NN 2008-150 Continued 

(Item 10. cont.) 

2. Cite the Federal mandate. Identify the impact on state funds: 

There are federal rules governing asbestos abatement and asbestos in schools, but the 

federal government does not mandate that the state Impose or enforce the federal rules. 

The state has chosen to incorporate by reference these federal rules in the proposed 

rules and to implement these programs in lieu of the federal government The state 

currently receives $50,000 per year In federal grant~.rnoney for implementing the asbestos 

in schools program . 

~ 3. i Cost and benefits of the- proposed rute(s): 

A. To State general or State special funds : 

Fees collected pursuant to these rules are deposited into a dedicated fund under 

RSA 141-E:12. The Department states FY 2008 fee revenue was approximately 

$2717,OOp. The Department anticipates the Increase In fees will result in an additional 

$110,000 in revenue during .FY 2009. The Department anticipates that the proposed 

increase in fees, as Well as an increase in federal funding, will cover the costs of the 

asbestos program in FY 2009, 

B. To State citizens and political subdivisions : 

Citizens of the state who are licensed or certltied under these rules may pay 

increased license/certification fees, depending on whether the Individual pays directly 

or whether the individual's employer pays the fees. 

C. To independently owned businesses: 

Any Independently owned business that seeks to demolish or renovate a building 

containing asbestos must comply with the proposed rules. The costs of asbestos 

abatement other than fees depend on the amount of asbestos involved and would be 

incurred even if the proposed rules are not adopted, because Independently owned 

businesses are required to comply with the federal standards in 40 CFR 6"C, Subpart 

M. Renovation/demolition notifioation fees range from $25 to $1,500 depending on 

the amount of asbestos material involved and whether the notice is project-specific, 

and are attributable to state statute and these rules rather than federal requirements. 

In addition, fees for licensing/certification, which range from $50 to $1,000, are 

established in these rules as required by statute. . 

11 . Statement Relative to Part 1, Article 28-a of the N.H. Constitution : 

The proposed rules do not create, expand, or modify any program or responsibility in such a way as to 

necessitate additional local expenditures by political subdivisions . The rules thus do not violate Part 1, 

Article 28-a of the New Hampshire Constitution .