Governing Law and Regulations
National Pollutant Discharge Elimination System Permits (NPDES): New Hampshire Regulations Environmental-Water Quality (NH Regs. Env-Wq) 301.01 to 301.18
Water quality standards: NH Regs. Env-Wq 1700
Surface water classification: Title L New Hampshire Revised Statutes Annotated (RSA) 485-A:8 I, II, and III
Water Use Classifications: NH Regs. Env-Wq 1703.01 and RSA 485-A:8 I, II, and III
Temperature: NH Regs. Env-Wq 1703.13 and RSA 485-A:8 II and VIII
New Hampshire Department of Environmental Services (DES) Water Division
U.S. Environmental Protection Agency (EPA) Region 1
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. New Hampshire regulates water temperature of its state waters under its general water quality standards. Any stream temperature increase associated with the discharge of treated sewage, waste, or cooling water, water diversions, or releases may not interfere with the assigned water classification use. Water temperature is also regulated under the federal National Pollutant Discharge Elimination System (NPDES) program.
• Administration and enforcement. EPA's Region 1 office and DES's Water Division through its Watershed Management Bureau jointly administer and enforce the state's water quality program, including thermal discharge requirements.
Thermal discharges to surface waters (or to publicly owned treatment works (POTWs)) are regulated by the federal NPDES permit program under the Clean Water Act. Because EPA has not authorized New Hampshire to administer the NPDES permit program, facilities that discharge ...