Re: Request for Approval of Amendments to New Hampshire Surface Water Quality Standards
The State of New Hampshire Department of Environmental Services Robert R. Scott Commissioner December 13, 2019 Dennis Deziel, Regional Administrator EPA New England, Region 1 5 Post Office Square - Suite 100 Boston, MA 02109-3912 Re: Request for approval of amendments to New Hampshire Surface Water Quality Standards Dear Mr. Deziel: On January 20, 2018, the New Hampshire Department of Environmental Services (NHDES) made a 1 request to EPA to approve adopted amendments to the state's surface water quality standards • One of those amendments, regarding the dissolved oxygen (DO) saturation standard, was precipitated by a change in state law. Senate Bill (SB)127, effective September 8, 2017, amended State statutes (RSA 485-A:2, A:6 and A:8) regarding dissolved oxygen standards. NHDES submitted a request to EPA to add this amended statute to our approved state surface water quality standards per the requirements of 40 CFR § 131.6 and § 131.20(c ). This letter is to withdraw that request. Since submitting our request, NHDES and EPA Region 1 have been in detailed communication. A request for more information was sent by EPA to the state on July 3, 2019. NHDES responded to this letter on October 23, 2019, to which EPA replied on November 7, 2019. At the same time, NHDES has been in close communication with stakeholders and legislators regarding this issue. What is clear from all of these communications is that the issue of changing the DO saturation standard is much more complicated than originally thought. To this end, NHDES is working with the legislature to add more flexibility to the state's ability to set surface water quality standards for dissolved oxygen.
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