### 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 TDDAccess : 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 InterimRule 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 ANDRELATED FILING DEADLINES

JULY-DECEMBER, 2008 The JLCARhas voted to hold its regularly scheduled monthly meetings for July through December, 2008 on the third Thursdavs listed below . The minimum14-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 fromthe 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 interimrule with a Register notice will be earlier as listed below . *Filing Deadline for Regular Meeting Regular Meeting Continued Meeting InterimRules 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 InterimRules 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 ofwhat 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 particularjob is increased to 2:1 fromthe 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. nted ' 1eme Statute( s) lm 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 Pap7 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, Sub part M Env-A ~1807.02 RSA 141-E; 15 U.S .C. 2643( m ) ; 40 CFR763, 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: Room110, DES offices, 29 FTazen Drive, Concord, NH 03301

### NEW HAMPSHIR

E RULEMAKING REGISTER August I, 2008 NN2008-150 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 fromthe 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 RE GISTER August 1, 2008 Page 9 NN2008-150 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 programin FY 2009, B . To State citizens and political subdivisions : Citizens of the state who are licensed or certltied underthese 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 CFR6"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 programor 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 .