N.H. Code Admin. R. Ann. Env-Hw — Hazardous Waste Programs

Chapter Env-Hw 100 Organizational Rules

Part Env-Hw 101 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Hw 101.01 Purpose

The purpose of the rules in subtitle Env-Hw is to implement the provisions of RSA 147-A that require hazardous waste to be managed and disposed properly, so as to minimize risks to the environment and public health and safety.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 101.02 Applicability

Subtitle Env-Hw shall apply to the generation, management, and transportation of hazardous waste in New Hampshire.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 101.03 Use of Number and Gender

(a) As used in the hazardous waste rules:

(1) Words in the singular shall include the plural; and

(2) Words in the plural shall include the singular.

(b) As used in federal regulations incorporated by reference, words in the masculine gender shall include the feminine and neutral genders.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 101.04 References to Federal Regulations

(a) Unless otherwise specified, references to federal regulations within this subtitle shall be as follows:

(1) All references to “Title 29 of the Code of Federal Regulations” or “29 CFR” shall be to the edition in effect on July 1, 2024;

(2) All references to “Title 40 of the Code of Federal Regulations” or “40 CFR” shall be to the edition in effect on July 1, 2024; and

(3) All references to “Title 49 of the Code of Federal Regulations” or “49 CFR” shall be to the edition in effect on October 1, 2024.

(b) References to other federal statutes and regulations contained in the text of the federal regulations incorporated by reference that are not specifically adopted by reference, including, but not limited to, references to the Clean Water Act, the Clean Air Act, and the Safe Drinking Water Act, shall be used to assist in interpreting the federal regulations only, but the authority and power of the analogous or related portions of New Hampshire statutes and rules shall apply in lieu of the cited federal statutes and regulations.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 101.05 Applicability of Manifest Requirements

(a) The manifest requirements of 40 CFR 260.4, reprinted in Appendix D, shall apply in any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires the waste to be tracked on a hazardous waste manifest.

(b) The manifest requirements of 40 CFR 260.5, reprinted in Appendix D, shall apply in any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste, as such term is defined in 40 CFR 260.5(a), to a receiving facility.

History

• #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100)

Part Env-Hw 102 Hazardous Waste Definitions Based on Federal Law

N.H. Code Admin. R. Ann. Env-Hw 102.01 Hazardous Waste Definitions in Federal Law

Where federal provisions are adopted by reference, terms used shall be as defined in federal law unless otherwise specified in these rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 102.02 Modifications to Federal Hazardous Waste Definitions

The following terms, when used in federal regulations incorporated by reference, shall be substituted with the analogous New Hampshire terms as follows:

(a) Any reference to the “Regional Administrator,” “Administrator,” “EPA Regional Administrator for the Region in which the healthcare facility is located,” or “EPA Regional Administrator for the Region in which the reverse distributor is located” in federal rules adopted by reference shall be deemed to mean the “commissioner, or commissioner’s designee,” except when used in 40 CFR 262 Subpart H, 264.12(a), 265.12(a), 268.5, 268.6, 268.13, 268.40(b), 268.42(b), 268.44(a) through (g), 270.11(a)(3), 270.14(b)(20), 270.32(b)(2), and 270.51;

(b) Any reference to the “U.S. Environmental Protection Agency,” “Agency,” “United States Environmental Protection Agency,” “EPA Headquarters,” “EPA Region(s),” or “EPA” in federal rules adopted by reference shall be deemed to mean the “department,” except when used in:

(1) 40 CFR 260.2(c) and (d), 261.39(a)(5), 261.41, 262 Subpart H, 264.12(a)(2), 265.12(a)(2), 268.1(e)(3), 268.2(j), 268.5(g), 268.44(a) through (g), 270.11(a)(3), 270.32(a), 270.32(c), 270.51, 270.72(a)(5), and 270.72(b)(5); or

(2) Any reference to EPA identification numbers, EPA hazardous waste numbers, EPA test methods, EPA forms, any EPA acknowledgment of consent, any EPA publications, manuals, or guidance, and EPA’s electronic manifest system; and

(c) Any reference to any provision of the Resource Conservation and Recovery Act (RCRA) in federal rules incorporated by reference shall be deemed to be a reference to the comparable New Hampshire statutory provision, except in 40 CFR 270.72(a)(5) and (b)(5) and 40 CFR 270.51(d) relative to EPA-issued RCRA permits, as listed in Table 1.1, below:

Table 1.1 Comparison of Federal and State Statutory Provisions

RCRA (P.L. 94-580)

U.S.C.

NH RSA

1004(5)

42 U.S.C. 6903(5)

147-A:2, VII

1004(27)

42 U.S.C. 6903(27)

147-A:2, XVIII

3004

42 U.S.C. 6924

147-A:3, IV

3005

42 U.S.C. 6925

147-A:3, IX; 147-A:4

3006(f)

42 U.S.C. 6926(f)

91-A

3007

42 U.S.C. 6927

147-A:7; 91-A

3008

42 U.S.C. 6928

147-A:14, 16, 16-a, & 16-b

3010

42 U.S.C. 6930

147-A:3, IV & VI

RCRA (P.L. 89-272)

3013

42 U.S.C. 6934

147-A:3, VI & VII

3019

42 U.S.C. 6939a

147-A:5

7003

42 U.S.C. 6973

147-A:13

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25

Part Env-Hw 103 Hazardous Waste Definitions: a to K

N.H. Code Admin. R. Ann. Env-Hw 103.01 100-year flood

“100-year flood” means a flood that has a one percent chance of being equaled or exceeded in any given year.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.02 100-year floodplain

“100-year floodplain” means an area that is subject to being flooded by a 100-year flood, as determined in accordance with 40 CFR 270.14(b)(11)(iii).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.03 Abandoned material

“Abandoned material” means any material that is:

(a) Disposed of;

(b) Burned or incinerated; or

(c) Accumulated, stored, or treated, but not recycled, before or in lieu of being abandoned by being disposed of, burned, or incinerated.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.04 Active fault zone

“Active fault zone” means a land area that, according to geological evidence, has exhibited movement along a fault within the past 10,000 years.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.05 Active portion

“Active portion” means that portion of a hazardous waste facility where treatment, storage, or disposal operations are being or have been conducted on or after November 19, 1980. The term does not include any portion of a hazardous waste facility that has been closed in accordance with a closure plan approved in accordance with Env-Hw 707.03 and Env-Hw 708.02 or predecessor rules in subtitle Env-Wm or He-P.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.06 Acutely hazardous waste

“Acutely hazardous waste” means hazardous wastes that meet the listing criteria in 40 CFR 261.11(a)(2) or Env-Hw 405.02(a) and therefore are either listed in Env-Hw 402.06 with the assigned hazard code of “(H)” or are listed in Env-Hw 402.04.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 103.07 Administrator

“Administrator” means “administrator” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.06)

N.H. Code Admin. R. Ann. Env-Hw 103.08 Aerosol can

“Aerosol can” means “aerosol can” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.07)

N.H. Code Admin. R. Ann. Env-Hw 103.09 Antifreeze

“Antifreeze” means a material having an ethylene glycol or propylene glycol base that is used full strength or diluted with water only as protection against freezing, overheating, and corrosion of the cooling system of an internal combustion engine.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.07, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.08)

N.H. Code Admin. R. Ann. Env-Hw 103.10 Aquiclude

“Aquiclude” means an impermeable or poorly permeable bed, formation, or group of formations that impedes groundwater movement and does not yield water freely to a well or spring.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.08, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.09)

N.H. Code Admin. R. Ann. Env-Hw 103.11 Aquifer

“Aquifer” means “aquifer” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.09, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.10)

N.H. Code Admin. R. Ann. Env-Hw 103.12 Authorized representative

“Authorized representative” means “authorized representative” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.10, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.11)

N.H. Code Admin. R. Ann. Env-Hw 103.13 Battery

“Battery” means “battery” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.11, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.12)

N.H. Code Admin. R. Ann. Env-Hw 103.14 Boiler

“Boiler” means “boiler” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.13)

N.H. Code Admin. R. Ann. Env-Hw 103.15 Bulk shipment

“Bulk shipment” means the bulk transportation of hazardous waste that is loaded or carried on board a vessel without containers or labels.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.14)

N.H. Code Admin. R. Ann. Env-Hw 103.16 By-product

“By-product” means “by-product” as defined in 40 CFR 261.1(c)(3), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.15)

N.H. Code Admin. R. Ann. Env-Hw 103.17 Carcinogen

“Carcinogen” means any substance that causes cancer.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.16)

N.H. Code Admin. R. Ann. Env-Hw 103.18 Cathode ray tube

“Cathode ray tube” means a glass tube used to provide the visual display in televisions, computer monitors, and certain scientific instruments, such as oscilloscopes.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.17)

N.H. Code Admin. R. Ann. Env-Hw 103.19 Clean Air Act

“Clean Air Act” means the Clean Air Act, 42 U.S.C. 7401, and amendments thereto.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.18)

N.H. Code Admin. R. Ann. Env-Hw 103.20 Closure

“Closure” means the act of securing a facility pursuant to Env-Hw 513.04, Env-Hw 513.05, or Env-Hw 700, as applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #14278, eff 8-1-25 (formerly Env-Hw 103.19)

N.H. Code Admin. R. Ann. Env-Hw 103.21 Commissioner

“Commissioner” means the commissioner of the department of environmental services.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.20)

N.H. Code Admin. R. Ann. Env-Hw 103.22 Confined aquifer

“Confined aquifer” means “confined aquifer” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.21)

N.H. Code Admin. R. Ann. Env-Hw 103.23 Constituent

“Constituent” means any substance, material, compound, or element that:

(a) Is identified in Env-Hw 402.04, Env-Hw 402.05, or Env-Hw 403.06; or

(b) Has resulted in a waste being listed in Env-Hw 402 by the department in accordance with Env-Hw 405.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.22)

N.H. Code Admin. R. Ann. Env-Hw 103.24 Construction commenced

“Construction commenced” as used in the definition of “existing facility” means:

(a) The owner or operator has obtained the federal, state of New Hampshire, and local approvals or permits necessary to begin physical construction; and

(b) Either:

(1) A continuous on-site, physical construction program has begun; or

(2) The owner or operator has entered into contractual obligations that cannot be cancelled or modified for physical construction of the facility to be completed within a reasonable time.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.23)

N.H. Code Admin. R. Ann. Env-Hw 103.25 Container

“Container” means “container” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.24)

N.H. Code Admin. R. Ann. Env-Hw 103.26 Containment building

“Containment building” means “containment building” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.25)

N.H. Code Admin. R. Ann. Env-Hw 103.27 Contingency plan

“Contingency plan” means “contingency plan” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.26)

N.H. Code Admin. R. Ann. Env-Hw 103.28 Delisted

“Delisted” means that a hazardous waste is no longer considered by the department to be a listed waste.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.27)

N.H. Code Admin. R. Ann. Env-Hw 103.29 Delisting

“Delisting” means the process specified in Env-Hw 406 by which a person can ask for a listed hazardous waste to be delisted.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.28)

N.H. Code Admin. R. Ann. Env-Hw 103.30 Department

“Department” means the department of environmental services.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.29)

N.H. Code Admin. R. Ann. Env-Hw 103.31 Designated facility

“Designated facility” means:

(a) A hazardous waste treatment, storage, or disposal facility that has:

(1) Received a permit or interim status in accordance with Env-Hw 304 or 40 CFR Part 270 and 124, or is regulated under Env-Hw 802.01(c) or (d); and

(2) Been designated by a generator on a manifest as the place to which the hazardous waste covered by the manifest is to be delivered;

(b) A generator site designated on a manifest to receive waste as a return shipment from a facility that has rejected the waste in accordance with Env-Hw 704; or

(c) If the waste is to be brought to another state, a facility allowed by the receiving state to accept such waste.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.30)

N.H. Code Admin. R. Ann. Env-Hw 103.32 Dike

“Dike” means “dike” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.31)

N.H. Code Admin. R. Ann. Env-Hw 103.33 Discarded material

“Discarded material” means any material that is abandoned, recycled, or considered inherently waste-like, as those terms are defined in Env-Hw 103 or Env-Hw 104, or a military munition identified as a solid waste in 40 CFR 266.202.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.32)

N.H. Code Admin. R. Ann. Env-Hw 103.34 Discharge

“Discharge” means the release of hazardous waste into or on any land, water, or air.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.33)

N.H. Code Admin. R. Ann. Env-Hw 103.35 Displacement

“Displacement” means the relative movement of any 2 sides of a fault.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.34)

N.H. Code Admin. R. Ann. Env-Hw 103.36 Disposal

“Disposal” means “disposal” as defined in RSA 147-A:2, III, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.35)

N.H. Code Admin. R. Ann. Env-Hw 103.37 Disposal facility

“Disposal facility” means any location or part of a location where hazardous waste is intentionally placed and will remain after closure. The term includes landfills and land treatment facilities if the waste will remain after closure.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 103.36)

N.H. Code Admin. R. Ann. Env-Hw 103.38 Drip pad

“Drip pad” means “drip pad” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 103.39 Electronic manifest

“Electronic manifest” means “electronic manifest (or e-Manifest)” as defined in 40 CFR 260.10, reprinted in Appendix D.

History

• #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.40 Electronic manifest system

“Electronic manifest system” means “electronic manifest system (or e-Manifest system)” as defined in 40 CFR 260.10, reprinted in Appendix D.

History

• #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.41 Elementary neutralization unit

“Elementary neutralization unit” means a device that:

(a) Is used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in Env-Hw 403 or are listed in Env-Hw 402 only for this reason; and

(b) Meets the definition of tank, tank system, container, transport vehicle, or vessel in Env-Hw 103 or Env-Hw 104.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.39, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.42 Empty container

“Empty container” means a container that meets the criteria of Env-Hw 401.03(b)(20).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.40, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.43 Energy recovery facility

“Energy recovery facility” means a facility that uses hazardous waste, fully or in part, as a source to produce a useful energy product.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.41, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.44 EPA

“EPA” means the United States Environmental Protection Agency.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.42, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 103.45 EPA acknowledgment of consent

“EPA acknowledgment of consent” means “EPA acknowledgment of consent” as defined in 40 CFR 262.81, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19 (formerly Env-Hw 103.43) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.46 EPA hazardous waste number

“EPA hazardous waste number” means the number assigned by EPA to each EPA hazardous waste identified in Env-Hw 400.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.44, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.47 EPA identification number

“EPA identification number” means the site-specific number assigned by the department upon receipt of a complete Form HWM-2, “RCRA C Site Identification Form” dated August 2025, submitted by a:

(a) Generator;

(b) Recognized trader;

(c) Transporter;

(d) Transfer facility;

(e) Treatment, storage, or disposal facility;

(f) Universal waste handler;

(g) Healthcare facility operating under Env-Hw 1300;

(h) Reverse distributor; or

(i) Used oil handler.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.45, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 103.48 Equivalent method

“Equivalent method” means any testing or analytical method approved by the department under Env-Hw 401.05 or by the administrator under 40 CFR 260.20 and 260.21.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.46, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.49 Evaluated hazardous waste pharmaceutical

“Evaluated hazardous waste pharmaceutical” means “evaluated hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.50 Excluded scrap metal

“Excluded scrap metal” means “excluded scrap metal” as defined in 40 CFR 261.1(c)(9), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.47, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.51 Existing facility

“Existing facility” means a facility that was in operation or for which construction commenced on or before July 1, 1980, or on the effective date of any statutory or regulatory amendments that render the facility subject to permit requirements under RCRA or RSA 147-A or rules adopted pursuant thereto.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.48, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.52 Explosive reaction

“Explosive reaction” means a violent expansion or bursting in the form of a sudden release of heat or pressure. The term does not include a slow or gradual buildup of heat or pressure.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.49, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.53 Explosives or munitions emergency

“Explosives or munitions emergency” means “explosives or munitions emergency” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.50, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.52, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.54 Explosives or munitions emergency response

“Explosives or munitions emergency response” means “explosives or munitions emergency response” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.51, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.53, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.55 Explosives or munitions emergency response specialist

“Explosives or munitions emergency response specialist” means “explosives or munitions emergency response specialist” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.52, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.54, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.56 Exporter

“Exporter” means “exporter” as defined in 40 CFR 262.81, as reprinted in Appendix D.

History

• #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.55, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.57 Facility

“Facility” means “facility” as defined in RSA 147-A:2, IV, as reprinted in Appendix C, except that where the hazardous waste rules apply to quarterly activity reports, payments into the hazardous waste cleanup fund, and administration of the fund for the siting program and household hazardous waste collection projects, “facility” means “facility” as defined in RSA 147-B:2, III, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.53, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #13405, eff 7-23-22 (formerly Env-Hw 103.56, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.58 Fault

“Fault” means a fracture along which rocks on at least one side have been displaced.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.54, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.57, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.59 Federal Clean Water Act

“Federal Clean Water Act” means 33 U.S.C. 1251 et seq. and amendments thereto.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.55, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.58, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.60 Free liquids

“Free liquids” means “free liquids” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.57, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.59, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 103.61 Generator

“Generator” means “generator” as defined in RSA 147-A:2, VI, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.59, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.61, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.62)

N.H. Code Admin. R. Ann. Env-Hw 103.62 Government entity

“Government entity” means the state of New Hampshire and its political subdivisions including solid waste management districts and regional planning commissions.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.60, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.62, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.63)

N.H. Code Admin. R. Ann. Env-Hw 103.63 Groundwater

“Groundwater” means “ground water” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.61, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.63, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.64)

N.H. Code Admin. R. Ann. Env-Hw 103.64 Hazardous waste

“Hazardous waste” means “hazardous waste” as defined in RSA 147-A:2, VII, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.63, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.65, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.66)

N.H. Code Admin. R. Ann. Env-Hw 103.65 Hazardous waste pharmaceutical

“Hazardous waste pharmaceutical” means “hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.67)

N.H. Code Admin. R. Ann. Env-Hw 103.66 Hazardous waste rules

“Hazardous waste rules” means the rules in subtitle Env-Hw.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.64, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.66, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.68)

N.H. Code Admin. R. Ann. Env-Hw 103.67 Healthcare facility

“Healthcare facility” means “healthcare facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.69)

N.H. Code Admin. R. Ann. Env-Hw 103.68 Home scrap metal

“Home scrap metal” means “home scrap metal” as defined in 40 CFR 261.1(c)(11), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.65, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.67, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.70)

N.H. Code Admin. R. Ann. Env-Hw 103.69 Household

“Household” means a location in which humans reside on a permanent or temporary basis, including but not limited to single- and multi-family residences, bunkhouses and other crew quarters, ranger stations, motels and hotels, campgrounds, picnic grounds, and day-use recreation areas.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.66, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.68, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.71)

N.H. Code Admin. R. Ann. Env-Hw 103.70 Household do-it-yourself (DIY) used oil

“Household do-it-yourself (DIY) used oil” means oil that is derived from households, such as used oil generated by individuals through the maintenance of their personal vehicles.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 ss by #14278, eff 8-1-25 (formerly Env-Hw 103.37)

N.H. Code Admin. R. Ann. Env-Hw 103.71 Household do-it-yourself (DIY) used oil collection center

“Household do-it-yourself (DIY) used oil collection center” means any site or facility that accepts, aggregates, and stores used oil collected only from individuals who generate household DIY used oil.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.77, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) ss by #14278, eff 8-1-25 (formerly Env-Hw 104.81)

N.H. Code Admin. R. Ann. Env-Hw 103.72 Household do-it-yourself (DIY) used oil generator

“Household do-it-yourself (DIY) used oil generator” means an individual who generates household DIY used oil.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 103.73 Household hazardous waste (HHW)

“Household hazardous waste (HHW)” means household waste that would be hazardous waste if generated anywhere other than in a household.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.67, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.69, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.72)

N.H. Code Admin. R. Ann. Env-Hw 103.74 Household hazardous waste (HHW) collection project

“Household hazardous waste (HHW) collection project” means any location that accumulates, collects, transfers, or otherwise manages HHW.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.68, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.70, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.73)

N.H. Code Admin. R. Ann. Env-Hw 103.75 Household waste

“Household waste” means any refuse, garbage, trash, sanitary waste, or other waste comprised of materials typically generated by consumers in their homes, and that is actually generated in a household.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.69, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.71, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.74)

N.H. Code Admin. R. Ann. Env-Hw 103.76 Importer

“Importer” means “importer” as defined in 40 CFR 262.81, as reprinted in Appendix D.

History

• #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.72, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.75)

N.H. Code Admin. R. Ann. Env-Hw 103.77 Incinerator

“Incinerator” means any enclosed device using controlled flame combustion that neither meets the criteria for classification as a boiler nor is listed as an industrial furnace.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.70, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.73, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.76)

N.H. Code Admin. R. Ann. Env-Hw 103.78 Incompatible waste

“Incompatible waste” means “incompatible waste” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.71, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.74, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.77)

N.H. Code Admin. R. Ann. Env-Hw 103.79 Industrial furnace

“Industrial furnace” means any of the following enclosed devices that are integral components of manufacturing processes and that use controlled flame devices to accomplish recovery of materials or energy:

(a) Cement kilns;

(b) Lime kilns;

(c) Aggregate kilns;

(d) Phosphate kilns;

(e) Coke ovens;

(f) Blast furnaces;

(g) Smelting, melting, and refining furnaces including pyrometallurgical devices such as cupolas, reverberator furnaces, sintering machines, roasters, and foundry furnaces;

(h) Titanium dioxide chloride process oxidation reactors;

(i) Methane reforming furnaces;

(j) Pulping liquor recovery furnaces;

(k) Combustion devices used in the recovery of sulfur values from spent sulfuric acid; or

(l) Such other devices as the commissioner adds to this list through a rulemaking in accordance with the rulemaking procedures of RSA 541-A on the basis of one or more of the following factors:

(1) The design and use of the device primarily to accomplish recovery of material products;

(2) The use of the device to burn or reduce raw materials to make a material product;

(3) The use of the device to burn or reduce secondary materials as effective substitutes for raw materials, in processes using raw materials as principal feedstocks;

(4) The use of the device to burn or reduce secondary materials as ingredients in an industrial process to make a material product;

(5) The use of the device in common industrial practice to produce a material product; and

(6) Other factors, as applicable.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.72, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.75, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.78)

N.H. Code Admin. R. Ann. Env-Hw 103.80 Inherently waste-like material

“Inherently waste-like material” means:

(a) Materials identified by EPA hazardous waste numbers F020, F021 unless used as an ingredient to make a product at the site of generation, F022, F023, F026, and F028; or

(b) Materials that have been determined to be “inherently waste-like” by the department in accordance with Env-Hw 803.03(b)(5).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.73, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.76, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.79)

N.H. Code Admin. R. Ann. Env-Hw 103.81 Injection well

“Injection well” means “injection well” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.74, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.77, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.80)

N.H. Code Admin. R. Ann. Env-Hw 103.82 Inner liner

“Inner liner” means “inner liner” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.75, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.78, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.81)

N.H. Code Admin. R. Ann. Env-Hw 103.83 International shipment

“International shipment” means “international shipment” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.76, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.79, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 103.82)

Part Env-Hw 104 Hazardous Waste Definitions: L to Z

N.H. Code Admin. R. Ann. Env-Hw 104.01 Lamp

“Lamp” means “lamp” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 104.02 Land disposal

“Land disposal” means “land disposal” as defined in 40 CFR 268.2(c), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)

N.H. Code Admin. R. Ann. Env-Hw 104.03 Land treatment facility

“Land treatment facility” means “land treatment facility” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 104.04 Landfill

“Landfill” means a disposal facility or part of a facility where hazardous waste is placed in or on land and that is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, or a cave.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 104.05 Large quantity generator (LQG)

“Large quantity generator (LQG)” means any generator of hazardous waste that meets the criteria of Env-Hw 503.04.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 104.06 Leachate

“Leachate” means “leachate” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 104.05)

N.H. Code Admin. R. Ann. Env-Hw 104.07 Liner

“Liner” means “liner” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 104.06)

N.H. Code Admin. R. Ann. Env-Hw 104.08 Location

“Location” as used in the definition of “facility” means all contiguous land and all structures and other appurtenances and improvements on the land.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17 (formerly Env-Hw 104.07)

N.H. Code Admin. R. Ann. Env-Hw 104.09 Long-term care facility

“Long-term care facility” means “long-term care facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.08)

N.H. Code Admin. R. Ann. Env-Hw 104.10 Management

“Management” means “hazardous waste management” as defined in RSA 147-A:2, VIII, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.08, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.09)

N.H. Code Admin. R. Ann. Env-Hw 104.11 Manifest

“Manifest” means “manifest” as defined in RSA 147-A:2, X, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.09, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.10)

N.H. Code Admin. R. Ann. Env-Hw 104.12 Manifest tracking number

“Manifest tracking number” means the alphanumeric identification number comprised of a unique 3-letter suffix preceded by 9 numerical digits, which is preprinted, by a source approved by EPA pursuant to 40 CFR 262.21, in item 4 of the manifest.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.10, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.11)

N.H. Code Admin. R. Ann. Env-Hw 104.13 Mercury-containing device

“Mercury-containing device” means any product or component, excluding batteries and lamps, that contains elemental mercury integral to its function and is housed within an outer casing. The term includes but is not limited to thermostats, intact mercury-containing ampules, thermocouples, thermometers, manometers, barometers, sphygmomanometers, electric switches and relays, gas flow regulators, water meters, and electric meters that contain mercury switches or relays.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #13405, eff 7-23-22 (formerly Env-Hw 104.11) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.12)

N.H. Code Admin. R. Ann. Env-Hw 104.14 Military munitions

“Military munitions” means “military munitions” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.12, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.13)

N.H. Code Admin. R. Ann. Env-Hw 104.15 Mining overburden returned to the mine site

“Mining overburden returned to the mine site” means “mining overburden returned to the mine site” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.13, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.14)

N.H. Code Admin. R. Ann. Env-Hw 104.16 Miscellaneous unit

“Miscellaneous unit” means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well, containment building, corrective action management unit, staging pile, or unit eligible for a research, development, and demonstration permit under Env-Hw 304.05(d).

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.14, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.15)

N.H. Code Admin. R. Ann. Env-Hw 104.17 New facility

“New facility” means a facility that began construction or operation after July 1, 1980.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.15, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.16)

N.H. Code Admin. R. Ann. Env-Hw 104.18 NH hazardous waste number

“NH hazardous waste number” means the number assigned by the department to each New Hampshire hazardous waste identified in Env-Hw 400.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.16, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.17)

N.H. Code Admin. R. Ann. Env-Hw 104.19 NH-only waste

“NH-only waste” means waste that is regulated under the hazardous waste rules but not regulated by EPA.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19 (formerly Env-Hw 104.51) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.17, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.18)

N.H. Code Admin. R. Ann. Env-Hw 104.20 Non-acutely hazardous waste

“Non-acutely hazardous waste” means all hazardous wastes that are not acutely hazardous waste as defined in Env-Hw 103.06.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 104.21 Non-creditable hazardous waste pharmaceutical

“Non-creditable hazardous waste pharmaceutical” means “non-creditable hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.19)

N.H. Code Admin. R. Ann. Env-Hw 104.22 Off-site

“Off-site” means any site that is not on-site.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.18, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.19, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.21)

N.H. Code Admin. R. Ann. Env-Hw 104.23 On-site

“On-site” means “on-site” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.19, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.20 renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.22)

N.H. Code Admin. R. Ann. Env-Hw 104.24 Operator

“Operator” means “operator” as defined in RSA 147-A:2, XI, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.20, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.21, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.23)

N.H. Code Admin. R. Ann. Env-Hw 104.25 Owner

“Owner” means “owner” as defined in RSA 147-A:2, XI-a, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.21, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.22, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.24)

N.H. Code Admin. R. Ann. Env-Hw 104.26 Permit

“Permit” means an authorization, license, or equivalent control document issued by the department to implement the hazardous waste rules. The term includes limited permits and emergency permits. The term does not include interim status or any document that has not been the subject of final department action, such as a draft permit or proposed permit.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.22, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.23, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.25)

N.H. Code Admin. R. Ann. Env-Hw 104.27 Permit-by-rule

“Permit-by-rule” means a permit for a facility or activity that is required to have a permit that exists by virtue of compliance with specific provisions of the hazardous waste rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.23, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.24, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.26)

N.H. Code Admin. R. Ann. Env-Hw 104.28 Person

“Person” means “person” as defined in RSA 147-A:2, XII, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.24, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.25, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.27)

N.H. Code Admin. R. Ann. Env-Hw 104.29 Personnel

“Personnel” means all individuals who work at or oversee the operation of a hazardous waste facility and whose actions or failure to act may result in noncompliance with the hazardous waste rules.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.25, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.26, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.28)

N.H. Code Admin. R. Ann. Env-Hw 104.30 Pesticide

“Pesticide” means “pesticide” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.26, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.27, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.29)

N.H. Code Admin. R. Ann. Env-Hw 104.31 Pharmaceutical,

“Pharmaceutical,” for purposes of RSA 147-A:2, VII(b) and these rules, means “pharmaceutical” as defined in 40 CFR 266.500, reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.27, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); ss by #13405, eff 7-23-22 (formerly Env-Hw 104.28) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.30)

N.H. Code Admin. R. Ann. Env-Hw 104.32 Pile

“Pile” means “pile” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.29, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.29, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.31)

N.H. Code Admin. R. Ann. Env-Hw 104.33 Point source

“Point source” means “point source” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.30, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.30, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.32)

N.H. Code Admin. R. Ann. Env-Hw 104.34 Potentially creditable hazardous waste pharmaceutical

“Potentially creditable hazardous waste pharmaceutical” means “potentially creditable hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.33)

N.H. Code Admin. R. Ann. Env-Hw 104.35 Processed scrap metal

“Processed scrap metal” means “processed scrap metal” as defined in 40 CFR 261.1(c)(10), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.30, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.31, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.34)

N.H. Code Admin. R. Ann. Env-Hw 104.36 Professional certification

“Professional certification” means “certification” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.31, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.32, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.35)

N.H. Code Admin. R. Ann. Env-Hw 104.37 Prompt scrap metal

“Prompt scrap metal” means “prompt scrap metal” as defined in 40 CFR 261.1(c)(12), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.32, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.33, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.36)

N.H. Code Admin. R. Ann. Env-Hw 104.38 Publicly owned treatment works (POTW)

“Publicly owned treatment works (POTW)” means a system used in the treatment of municipal sewage or industrial wastes of a liquid nature that is owned by a government entity.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.33, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.34, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.37)

N.H. Code Admin. R. Ann. Env-Hw 104.39 RCRA

“RCRA” means “Act” or “RCRA” as defined by 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.34, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.35, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.38)

N.H. Code Admin. R. Ann. Env-Hw 104.40 Reclaimed material

“Reclaimed material” means a material that is processed to recover a usable product or that is regenerated, such as recovery of lead values from spent batteries and regeneration of spent solvents.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.35, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.36, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.39)

N.H. Code Admin. R. Ann. Env-Hw 104.41 Recognized trader

“Recognized trader” means “recognized trader” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 104.42 Recycled material

“Recycled material” means any material that is used, reused, or reclaimed, as those terms are defined in Env-Hw 104.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.36, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.37, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.40)

N.H. Code Admin. R. Ann. Env-Hw 104.43 Representative sample

“Representative sample” means “representative sample” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.37, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.38, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.41)

N.H. Code Admin. R. Ann. Env-Hw 104.44 Residence

“Residence” means any structure routinely occupied as a dwelling or abode, including any seasonal dwelling that is used as a secondary residence and is routinely occupied by someone for greater than 90 days per year.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.38, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.39, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.42)

N.H. Code Admin. R. Ann. Env-Hw 104.45 Reverse distributor

“Reverse distributor” means “reverse distributor” as defined in 40 CFR 266.500, as reprinted in Appendix D.

History

• #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.43)

N.H. Code Admin. R. Ann. Env-Hw 104.46 Run-off

“Run-off” means “run-off” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.39, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.40, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.44)

N.H. Code Admin. R. Ann. Env-Hw 104.47 Run-on

“Run-on” means “run-on” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.40, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.41, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.45)

N.H. Code Admin. R. Ann. Env-Hw 104.48 Scrap metal

“Scrap metal” means “scrap metal” as defined in 40 CFR 261.1(c)(6), as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.41, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.42, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.46)

N.H. Code Admin. R. Ann. Env-Hw 104.49 Secondary material

“Secondary material” means any material that is reclaimed and returned to the original process or processes in which it was generated where it is reused in the production process.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.42, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.43, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.47)

N.H. Code Admin. R. Ann. Env-Hw 104.50 Site

“Site” means “site” as defined in 40 CFR 270.2, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.43, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.44, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.48)

N.H. Code Admin. R. Ann. Env-Hw 104.51 Sludge

“Sludge” means “sludge” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.44, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.49)

N.H. Code Admin. R. Ann. Env-Hw 104.52 Small quantity generator (SQG)

“Small quantity generator (SQG)” means any generator of hazardous waste that meets the criteria of Env-Hw 503.03.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.45, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25 (formerly Env-Hw 104.50)

N.H. Code Admin. R. Ann. Env-Hw 104.53 Spent material

“Spent material” means “spent material” as defined in RSA 147-A:2, XII-a, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.46, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.47, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.51)

N.H. Code Admin. R. Ann. Env-Hw 104.54 Spill

“Spill” means the accidental spilling, leaking, pumping, pouring, emitting, or dumping of hazardous wastes or other materials that, when spilled into or on any land or water, become hazardous wastes.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.47, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.48, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.52)

N.H. Code Admin. R. Ann. Env-Hw 104.55 Standard permit

“Standard permit” means a permit issued to a facility in accordance with Env-Hw 304.01.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.48, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.53)

N.H. Code Admin. R. Ann. Env-Hw 104.56 Standard temperature and pressure

“Standard temperature and pressure” means a temperature of 20°C, equivalent to 68°F, and a pressure of one atmosphere.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.49, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.54)

N.H. Code Admin. R. Ann. Env-Hw 104.57 State

“State” means “state” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.50, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.55)

N.H. Code Admin. R. Ann. Env-Hw 104.58 Storage

“Storage” means “storage” as defined in RSA 147-A:2, XIII, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.52, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.56)

N.H. Code Admin. R. Ann. Env-Hw 104.59 Surface impoundment

“Surface impoundment” means “surface impoundment” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.53, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.57)

N.H. Code Admin. R. Ann. Env-Hw 104.60 SW-846

“SW-846” means EPA publication “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition,” through Update VII dated July 30, 2021, available as noted in Appendix B.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.54, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) ss by #14278, eff 8-1-25 (formerly Env-Hw 104.58)

N.H. Code Admin. R. Ann. Env-Hw 104.61 Tank

“Tank” means “tank” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.55, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.59)

N.H. Code Admin. R. Ann. Env-Hw 104.62 Tank system

“Tank system” means “tank system” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.56, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.60)

N.H. Code Admin. R. Ann. Env-Hw 104.63 Teratogen

“Teratogen” means any substance that, during the development of an embryo, causes permanent structural or functional changes in the offspring.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.57, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.61)

N.H. Code Admin. R. Ann. Env-Hw 104.64 Terne-plated oil filters

“Terne-plated oil filters” means oil filters that are plated with terne, an alloy of lead and tin.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.58, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.62)

N.H. Code Admin. R. Ann. Env-Hw 104.65 Thermal treatment

“Thermal treatment” means the treatment of hazardous waste using elevated temperatures as a primary means of changing the chemical, physical, or biological character of the waste.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.59, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.63)

N.H. Code Admin. R. Ann. Env-Hw 104.66 Thermostat

“Thermostat” means a temperature control device that contains metallic mercury in an ampule.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.60, renumbered by #13405) (See Revision Note #4 at chapter heading ror Env-Hw 100) (formerly Env-Hw 104.64)

N.H. Code Admin. R. Ann. Env-Hw 104.67 Totally enclosed treatment facility

“Totally enclosed treatment facility” means “totally enclosed treatment facility” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.61, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.65)

N.H. Code Admin. R. Ann. Env-Hw 104.68 Trade secret

“Trade secret” means “trade secret” as defined in RSA 147-A:2, XIV, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.62, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.66)

N.H. Code Admin. R. Ann. Env-Hw 104.69 Transfer facility

“Transfer facility” means all land and structures, including loading docks and parking, storage, and other areas, where hazardous wastes in transit are transferred from vehicle to vehicle or are removed from a transport vehicle, and temporarily stored for 10 days or less.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.63, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.67)

N.H. Code Admin. R. Ann. Env-Hw 104.70 Transport

“Transport” means “transport” as defined in RSA 147-A:2, XV, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.64, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.68)

N.H. Code Admin. R. Ann. Env-Hw 104.71 Transport vehicle

“Transport vehicle” means “transport vehicle” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.65, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.69)

N.H. Code Admin. R. Ann. Env-Hw 104.72 Transportation

“Transportation” means “transportation” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.66, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.70)

N.H. Code Admin. R. Ann. Env-Hw 104.73 Transporter

“Transporter” means “transporter” as defined in RSA 147-A:2, XVI, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.67, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.71)

N.H. Code Admin. R. Ann. Env-Hw 104.74 Treatability study

“Treatability study” means “treatability study” as defined in 40 CFR 260.10, as reprinted in Appendix D, except that “§ 261.4 (e) and (f)” shall be replaced with “§ 261.4 (e) and (f) and Env-Hw 401.03(b)(14)”.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.68, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.72)

N.H. Code Admin. R. Ann. Env-Hw 104.75 Treatment

“Treatment” means “treatment” as defined in RSA 147-A:2, XVII, as reprinted in Appendix C. The term includes the recovery of energy or residual resources from the waste.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.69, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.73)

N.H. Code Admin. R. Ann. Env-Hw 104.76 Underground injection

“Underground injection” means the subsurface emplacement of fluids through a bored, drilled, or driven well, or through a dug well where the depth of the dug well is greater than the largest surface dimension, or into any pipe, conduit, or conveyance.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 10.70, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.74)

N.H. Code Admin. R. Ann. Env-Hw 104.77 United States

“United States” means “United States” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.71, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.75)

N.H. Code Admin. R. Ann. Env-Hw 104.78 Universal waste

“Universal waste” means any of the following hazardous wastes that may be managed in accordance with Env-Hw 1100 in lieu of Env-Hw 300 through Env-Hw 700:

(a) Batteries;

(b) Pesticides;

(c) Mercury-containing devices;

(d) Lamps;

(e) Cathode ray tubes;

(f) Antifreeze; and

(g) Aerosol cans.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #13405, eff 7-23-22 (formerly Env-Hw 104.72) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.76)

N.H. Code Admin. R. Ann. Env-Hw 104.79 Universal waste handler

“Universal waste handler” means:

(a) A generator of universal waste; or

(b) The owner or operator of a facility, including all contiguous property, who:

(1) Receives universal waste from other universal waste handlers;

(2) Accumulates universal waste; or

(3) Sends universal waste to another universal waste handler, a destination facility, or a foreign destination.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.73, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.77)

N.H. Code Admin. R. Ann. Env-Hw 104.80 Universal waste transporter

“Universal waste transporter” means “universal waste transporter” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.74, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.78)

N.H. Code Admin. R. Ann. Env-Hw 104.81 US DOT

“US DOT” means the United States Department of Transportation.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.75, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) ss by #14278, eff 8-1-25 (formerly Env-Hw 104.79)

N.H. Code Admin. R. Ann. Env-Hw 104.82 Used oil

“Used oil” means “used oil” as defined in RSA 147-B:2, XIII, as reprinted in Appendix C. The term includes oils used as lubricants, non-contact heat transfer fluids, emulsions, hydraulic fluids, and similar uses, but does not include materials that are commercial chemical products intended for use as fuels, cleaning agents, solvents, or wood preservatives.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.76, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.80)

N.H. Code Admin. R. Ann. Env-Hw 104.83 Used oil handler

“Used oil handler” means any person who generates, transports, collects, aggregates, markets, processes, or burns used oil, except the term does not include a household DIY used oil generator.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 104.84 Used or reused material

“Used or reused material” means a material that is:

(a) Employed as an ingredient including use as an intermediate in an industrial process to make a product, for example, distillation bottoms from one process used as feedstock in another process, but excluding a material from which distinct components are recovered as separate end products, such as when metals are recovered from metal-containing secondary materials; or

(b) Employed in a particular function or application as an effective substitute for a commercial product, for example, spent pickle liquor used as a phosphorous precipitant and sludge conditioner in wastewater treatment.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.79, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.83)

N.H. Code Admin. R. Ann. Env-Hw 104.85 Very small quantity generator (VSQG)

“Very small quantity generator (VSQG)” means any generator of hazardous waste that meets the criteria of Env-Hw 503.02.

History

• #14278, eff 8-1-25

N.H. Code Admin. R. Ann. Env-Hw 104.86 Vessel

“Vessel” means “vessel” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.80, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.84)

N.H. Code Admin. R. Ann. Env-Hw 104.87 Washout

“Washout” means the movement of hazardous waste from a facility as a result of flooding.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.81, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.85)

N.H. Code Admin. R. Ann. Env-Hw 104.88 Waste

“Waste” means “waste” as defined in RSA 147-A:2, XVIII, as reprinted in Appendix C.

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.82, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.86)

N.H. Code Admin. R. Ann. Env-Hw 104.89 Wastewater treatment unit

“Wastewater treatment unit” means a device that:

(a) Is part of a wastewater treatment facility that is subject to regulation under either §402 or §307(b) of the Clean Water Act;

(b) Receives and treats or stores an influent wastewater that is a hazardous waste as identified in Env-Hw 400, or generates and accumulates a wastewater treatment sludge that is a hazardous waste as identified in Env-Hw 400, or treats or stores a wastewater treatment sludge that is a hazardous waste as identified in Env-Hw 400; and

(c) Meets the definition of tank or tank system in Env-Hw 104.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 101

RSA 147-A:3

40 CFR 260.3

Env-Hw 101.05

RSA 147-A:3, V

40 CFR 260.4; 40 CFR 260.5

Env-Hw 102

RSA 147-A:2; RSA 147-A:3, I

40 CFR 260.10

Env-Hw 103

RSA 147-A:2; RSA 147-A:3, I; RSA 147-B:2, III

40 CFR 260.10; 40 CFR 261.1(c);

40 CFR 262.81; 40 CFR 270.2;

40 CFR 273.9

Env-Hw 104

RSA 147-A:2; RSA 147-A:3, I;

RSA 147-B:2, XIII

40 CFR 260.10; 40 CFR 261.1(c);

40 CFR 268.2(c); 40 CFR 270.2;

40 CFR 273.9

Appendix B: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-Hw 104.60

EPA publication “SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Third Edition, as amended through Update VII dated July 30, 2021

National Technical Information Service (NTIS)

5285 Port Royal Road

Springfield, VA 22161

(800) 553-NTIS [(800)-553-6847]

Free online at:

https://www.epa.gov/hw-sw846/sw-846-compendium

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.83, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.87)

Chapter Env-Hw 200 Procedural Rules

Part Env-Hw 201 Applicability and Purpose

N.H. Code Admin. R. Ann. Env-Hw 201.01 Purpose

The purpose of this chapter is to establish the procedural requirements for waivers and claims of confidentiality specific to the hazardous waste rules.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 201.02 Applicability

This chapter shall apply to all procedures undertaken pursuant to RSA 147-A and the hazardous waste rules.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

Part Env-Hw 202 Waivers

N.H. Code Admin. R. Ann. Env-Hw 202.01 Applicability

(a) Any person who is or would be directly and adversely affected by the strict application of a hazardous waste rule and who wishes to obtain a waiver shall do so in accordance with this part.

(b) A waiver may be requested from:

(1) Classification as a regulated waste pursuant to Env-Hw 803 for certain recycled materials as defined by 40 CFR 260.30;

(2) Classification of a combustion device as a boiler for purposes of Env-Hw 806.05 when such device does not satisfy the definition of a boiler in Env-Hw 103; and

(3) Any other requirement in the hazardous waste rules that is more stringent than any requirement imposed by EPA in 40 CFR 260 through 279, unless such requirement is imposed by state statute.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17; ss by #14522, eff 2-28-26

N.H. Code Admin. R. Ann. Env-Hw 202.02 Waiver Requests

The person requesting a waiver shall provide the following information in writing to the department:

(a) An identification of the facility or activity to which the request relates;

(b) An identification of the specific section of the rules from which a waiver is sought;

(c) A full explanation of why a waiver is being requested, including a description of the operational and economic consequences of complying with the rule as written;

(d) A full explanation of any alternate procedure, method, or other activity that is proposed to be substituted for the procedure, method, or other activity required by the rule from which a waiver is being sought, if any;

(e) Results of all tests, studies, or other data generated to determine the need for a waiver;

(f) A full explanation of how the requirement for which the waiver is requested is more stringent than the corresponding federal requirement;

(g) A full explanation of why the person believes that having the waiver granted will meet the criteria specified in Env-Hw 202.04;

(h) For a temporary waiver, the duration of the waiver requested and the proposed time frame and manner in which full compliance will be achieved; and

(i) For any waiver from the siting requirements specified in Env-Hw 304.09, information demonstrating that the engineering safeguards of the facility are designed to ensure normal operation, prevention of public health threatening accidents, and mitigation of hazardous waste discharges to the environment, which may include studies demonstrating that the site has characteristics or features making it unlikely that the facility will pose environmental and public health risks.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 202.03 Timing of Request; Review Process

(a) A request for waiver from the siting requirements of Env-Hw 304.09 shall be made at the time of application submittal under Env-Hw 304.14. The department shall address the applicant’s waiver request within the site evaluation required by Env-Hw 304.14(b), which is subject to public review under Env-Hw 304.21.

(b) Other requests for waivers that relate to a permit application shall be submitted to the department with the application or as soon thereafter as the need is identified. The department shall consider the request as part of the application.

(c) Any request that is not covered by (a) or (b), above, shall be submitted to the department as soon as the need for the waiver is known.

(d) Upon receipt of a request for a waiver, the department shall review the submitted information. If the request does not contain all information required by Env-Hw 202.02, the department shall notify the applicant of what information is needed to complete the request.

(e) If a complete request does not provide sufficient information to allow the department to independently conclude that the criteria in Env-Hw 202.04 will be met, the department shall so inform the person who filed the waiver request and offer the person an opportunity to supply additional information. If the person does not supply additional information that is sufficient to allow the department to conclude the applicable criteria are met, the department shall deny the waiver request.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 202.04 Waiver Criteria

(a) The department shall grant a waiver if it determines that:

(1) The requested waiver would not result in conditions that are likely to threaten public health or cause degradation of the environment;

(2) The economic, technological, and safety benefits of granting a waiver are greater than the benefits of not granting a waiver;

(3) The requested waiver would not result in less stringent requirements than the federal requirements;

(4) With respect to classification of recycled materials as a regulated waste as specified in 40 CFR 260.30, the criteria set forth in 40 CFR 260.31 are also satisfied; and

(5) With respect to waivers to be classified as a boiler, the criteria set forth in 40 CFR 260.32 are also satisfied.

(b) A waiver shall be granted only if the information submitted by the applicant allows the department to independently conclude that the criteria specified in (a), above, are met.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 202.05 Waiver Issuance or Denial

(a) The department shall notify the person requesting the waiver in writing of the department’s determination.

(b) If the waiver request is part of a permit application, the granted waiver shall be incorporated into the permit if the permit application is approved.

(c) With respect to waiver requests from classification as a regulated waste under 40 CFR 260.30, and waiver requests to be classified as a boiler, the department shall follow the review and notification procedures set forth in 40 CFR 260.33(b).

(d) If the waiver request is denied, the notice sent pursuant to (a), above, shall include the reason(s) for the denial and information on how to appeal the decision.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 202.06 Compliance with Waiver Conditions

(a) If a waiver is granted, the department shall include such conditions as are necessary to ensure that the criteria specified in Env-Hw 202.04 will be met for the duration of the waiver.

(b) Any petitioner granted a waiver or temporary waiver shall comply with the conditions set forth in the waiver or temporary waiver and with all applicable sections of the hazardous waste rules.

(c) Failure to comply with the conditions of a waiver or temporary waiver shall constitute grounds for modification as specified in Env-Hw 304.26, or suspension or revocation as specified in Env-Hw 304.27, as well as enforcement actions as set forth in RSA 147-A.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

Part Env-Hw 203 Claims of Confidentiality

N.H. Code Admin. R. Ann. Env-Hw 203.01 Purpose

The purpose of this part is to provide a mechanism by which persons submitting information to the department can protect trade secrets.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 203.02 Procedure for Asserting Claim

Any person submitting information to the department that the person reasonably and in good faith believes constitutes a trade secret as defined in Env-Hw 104 or confidential business information as defined in Env-C 208.03 shall assert a claim of confidentiality with respect to the submitted information in accordance with Env-C 208.04.

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 203.03 Exceptions

No claim of confidentiality shall be made with respect to the following:

(a) Any non-confidential information specified in Env-C 208.06;

(b) The name and address of any applicant for a permit;

(c) Information contained on hazardous waste manifests or electronic manifests, a specified in 40 CFR 260.2(c); and

(d) Information contained on hazardous waste export and import documents, as specified in 40 CFR 260.2(d).

History

• #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17; ss by #12921, eff 11-23-19

Part Env-Hw 204 Non-Adjudicative Hearings

N.H. Code Admin. R. Ann. Env-Hw 204.01 Non-Adjudicative Hearings

Non-adjudicative hearings shall be conducted in accordance with the applicable provisions of Env-C 200.

History

• #9361-B, eff 1-28-09; ss by #12344-A, eff 8-14-17

Part Env-Hw 205 Adjudicative Hearings

N.H. Code Admin. R. Ann. Env-Hw 205.01 Adjudicative Hearings

Adjudicative hearings shall be conducted in accordance with the applicable provisions of Env-C 200.

History

• #9361-B, eff 1-28-09; ss by #12344-A, eff 8-14-17

Part Env-Hw 206 Rulemaking Petitions

N.H. Code Admin. R. Ann. Env-Hw 206.01 Rulemaking Petitions

Any person may petition the commissioner to amend or repeal any provision in the hazardous waste rules in accordance with Env-C 207 and 40 CFR 260.20.

History

• #9361-B, eff 1-28-09; ss by #12344-A, eff 8-14-17

Part Env-Hw 207 Certifications

N.H. Code Admin. R. Ann. Env-Hw 207.01 Purpose

The purpose of this part is to impose a requirement that all submissions to the department pursuant to rules with the subtitle Env-Hw be truthful, complete, and not misleading to the best of the signer’s knowledge and belief. This requirement is in addition to any other specific certifications contained in other rules in this subtitle, and it further imposes a requirement that those specific certifications also be true, complete, and not misleading to the best of the signer’s knowledge.

History

• #12344-B, eff 8-14-17; ss by #14523, eff 2-28-26

N.H. Code Admin. R. Ann. Env-Hw 207.02 Certification Oath or Affirmation

Whenever any individual submits information to the department and that applicant is required to provide a certification regarding the contents of that submission, that certification shall represent the signer’s oath or affirmation that:

(a) To the best of the signer’s knowledge and belief, the contents of the submission are true, complete, and not misleading;

(b) The signer understands that a violation of any certification within this subtitle will subject that individual to the penalties found in Env-Hw 207.04; and

(c) Any additional, specific certification required in rules in this subtitle are made both on their own terms and that they are, to the best of the signer’s knowledge and belief, true, complete, and not misleading.

History

• #12344-B, eff 8-14-17; ss by #14523, eff 2-28-26

N.H. Code Admin. R. Ann. Env-Hw 207.03 Methods of Certification

(a) When making a certification as part of completing a department form, the signer shall sign and date the form beneath a certification statement describing the requirements of Env-Hw 207.02 and any other relevant certifications.

(b) When making a certification as part of a written application, letter, or any other submission to the department other than a form described in (a) above, the signer shall certify the contents of the application by signing and dating under a statement containing a citation to Env-Hw 207.02 and any law or rule containing any additional certifications.

History

• #12344-B, eff 8-14-17; ss by #14523, eff 2-28-26

N.H. Code Admin. R. Ann. Env-Hw 207.04 Penalties

If the department finds the contents of a submission certified, as required in rules in this subtitle, were untrue, incomplete, or misleading, or if any other certification imposed by rules in this subtitle is violated, that submission shall constitute grounds for:

(a) Denying the application or other request supported by the certification;

(b) Revoking or suspending any permit or other department approval that was granted based on such certification;

(c) If the certifier is a professional engineer, referring the matter to the office of professional licensure and certification established by RSA 310:2; and

(d) Seeking to impose the penalties specified in New Hampshire for falsification in official matters, RSA 641:3.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 201

RSA 147-A:3; RSA 541-A:16, I(b)

Env-Hw 202

RSA 147-A:3, I, III and IV;

RSA 541-A:22, IV

40 CFR 260 Subpart C

Env-Hw 202.01

RSA 147-A:3, I, III, and IV;

RSA 541-A:22, IV

40 CFR 260 Subpart C

Env-Hw 203

RSA 147-A:3, I, III and IV;

RSA 541-A:16, I

40 CFR 260.2

Env-Hw 204 & 205

RSA 147-A:3, I, III and IV;

RSA 541-A:16, I

40 CFR 260 Subpart C

Env-Hw 206

RSA 541-A:16, I(c)

40 CFR 260 Subpart C

Env-Hw 207

RSA 147-A:3,VI; RSA 541-A:16, I

N/A

Appendix B: Incorporation by Reference Information

[none in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 268.2(c), 7-1-16 edition

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that meets the requirements of 40 CFR 262.34;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of 40 CFR 262.34;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #12344-B, eff 8-14-17; ss by #14523, eff 2-28-26

Chapter Env-Hw 300 Permits

Part Env-Hw 301 Purpose and Applicability

N.H. Code Admin. R. Ann. Env-Hw 301.01 Purpose

The purpose of this chapter is to establish a hazardous waste management facility permit system pursuant to RSA 147-A.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 301.02 Applicability

This chapter shall apply to any person who holds a permit for or who is required to obtain a permit for a hazardous waste management facility.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

Part Env-Hw 302 Definitions

N.H. Code Admin. R. Ann. Env-Hw 302.01 Application

“Application” means the department's standard form or the EPA standard national form for applying for a permit, the information provided on and with the form, and the fee associated with the application, as applicable.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 302.02 Draft permit

“Draft permit” means a document prepared pursuant to Env-Hw 304.19 that reflects the department’s intent to issue, modify, revoke and reissue, or reissue a permit.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 302.03 Emergency permit

“Emergency permit” means a permit that is issued to allow the treatment, storage, or disposal of hazardous waste when necessary to abate or avoid an imminent and substantial endangerment to human health or the environment.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 302.04 Holocene

“Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene to the present.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 302.05 Limited permit

“Limited permit” means a permit issued to allow the operation of an elementary neutralization unit or wastewater treatment unit.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 302.06 National Pollutant Discharge Elimination System (NPDES)

“National Pollutant Discharge Elimination System (NPDES)” means the national permit program for imposing and enforcing pretreatment requirements pursuant to §§307, 318, 402 and 405 of the Clean Water Act, as amended, 33 U.S.C. §§1251 et seq.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

Part Env-Hw 303 Permit Requirements; Exemptions

N.H. Code Admin. R. Ann. Env-Hw 303.01 Requirement to Obtain a Permit

(a) No person shall construct, modify or operate a facility without first obtaining a permit from the department or without qualifying for and maintaining interim status.

(b) An operator of an existing facility that files an interim status application with the department and otherwise qualifies for interim status in accordance with Env-Hw 304.02 may operate without a standard permit or transfer facility permit until the department makes a final determination on its standard permit or transfer facility permit application. An interim status facility shall comply with all requirements established by Env-Hw 304.02 in order to maintain interim status and shall submit an application for a standard permit or transfer facility permit in a timely fashion as required by Env-Hw 304.10(b).

(c) Unless exempted by Env-Hw 303.02, the operator of a new facility shall obtain a standard permit in accordance with all requirements of Env-Hw 304 before construction or operation of the facility begins.

(d) The operator of a facility, including a generator, who operates an elementary neutralization unit or wastewater treatment unit including an evaporation unit, shall obtain a limited permit for that unit in accordance with Env-Hw 304.04.

(e) The operator of a facility shall have a duly issued permit from the department throughout the facility’s active life, including closure and post-closure care, as applicable. Denial of a permit pursuant to this chapter for the active life of a facility shall not affect the requirement to prepare and implement a closure and post-closure plan.

(f) The operator of a facility holding one or more permits issued by other New Hampshire or federal programs shall also obtain a permit pursuant to this chapter unless specifically exempted by the hazardous waste rules.

(g) When a facility is owned by one person but is operated by another person, then:

(1) The operator shall obtain the permit; and

(2) The owner shall also sign the permit application.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 303.02 Exemptions

(a) This chapter shall not apply to:

(1) A generator that accumulates hazardous waste onsite in compliance with all of the conditions for exemption provided in Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, and Env-Hw 513, as applicable;

(2) A farmer who disposes of hazardous waste pesticides from the farmer’s own use in accordance with Env-Hw 501.02(a);

(3) The owner and operator of a totally enclosed treatment facility as defined in Env-Hw 104;

(4) Persons adding absorbent material to waste in a container and persons adding waste to absorbent material in a container, provided that:

a. These actions occur at the time waste is first placed in the container;

b. The addition does not change the chemical properties of the waste; and

c. The requirements of 40 CFR 264.17(b), 40 CFR 264.171, and 40 CFR 264.172 are met;

(5) A universal waste handler or universal waste transporter handling universal waste, provided the waste is managed in accordance with Env-Hw 1100;

(6) A reverse distributor that accumulates potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in accordance with Env-Hw 1300;

(7) The owner or operator of a household hazardous waste collection project that receives hazardous waste from a very small quantity generator, provided the hazardous waste is:

a. Manifested in accordance with Env-Hw 510;

b. Received only during a one-day household hazardous waste collection event; and

c. Given directly by the very small quantity generator to a New Hampshire registered hazardous waste transporter during a one-day collection event; and

(8) A government entity that receives household hazardous waste from another government entity provided the receiving entity manages the household hazardous waste in accordance with the applicable generator requirements of Env-Hw 500 and ships the household hazardous waste off site within 90 days after receipt.

(b) The operator of a transfer facility shall be exempt from the prohibitions of Env-Hw 304.09(d) and (e)(6).

(c) Subject to (d), below, and for the duration of the emergency response only, a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to any of the following situations:

(1) A discharge of a hazardous waste;

(2) An imminent and substantial threat of a discharge of hazardous waste;

(3) A discharge of a material that, when discharged, becomes a hazardous waste; or

(4) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosives or munitions emergency response specialist.

(d) In the case of (c), above:

(1) A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over shall be subject to all applicable permitting requirements for those activities; and

(2) In the case of emergency responses involving military munitions, the requirements of 40 CFR 270.1(c)(3)(iii) shall apply.

(e) A generator that has obtained a standard permit only for storage of hazardous waste generated on site shall be exempt from any siting requirements of Env-Hw 304.09 that are more stringent than federal requirements, provided that all hazardous waste is stored in an enclosed area.

(f) An applicant for a transfer facility permit shall be exempt from Env-Hw 304.11(a)(8) if the applicant provides technical documentation to demonstrate the facility meets the following conditions:

(1) The facility is operated so that all waste handling occurs in an enclosed building with an impervious floor designed in accordance with the criteria specified in 40 CFR 264.175 and 264.193, as applicable;

(2) No hazardous waste containers, tanks, and transport vehicles are located or stored at any time outside of the transfer facility building; and

(3) The location of the transfer facility does not contravene the siting requirements of Env-Hw 304.09.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14279, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 304 Permitting Hazardous Waste Facilities

N.H. Code Admin. R. Ann. Env-Hw 304.01 Standard Permits

The department shall issue standard permits for treatment, storage and disposal facilities pursuant to RSA 147-A and all applicable sections of Env-Hw 304.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.02 Qualifying for Interim Status

(a) To be granted and to maintain interim status authorization to operate, an existing facility shall:

(1) Notify the department in accordance with Env-Hw 702.01;

(2) Obtain an EPA identification number;

(3) Submit interim status part A application information in accordance with 40 CFR 270.13 no later than the earliest of the following:

a. Six months after the publication date of regulations that first require the facility to comply with Env-Hw 700; or

b. Thirty days after the facility first becomes subject to the standards set forth in Env-Hw 700.

(4) Comply with the transfer of ownership and relinquishment of property requirements of Env-Hw 304.28;

(5) Comply with the emergency/remedial action requirements of Env-Hw 706;

(6) Submit a completed standard permit or transfer facility permit application in accordance with Env-Hw 304.10; and

(7) Implement all changes at the facility during interim status, including changes in facility operation, design, ownership, or operational control, only in accordance with 40 CFR 270.72.

(b) If the department has reason to believe upon examination of an interim status part A permit application that the application fails to meet the requirements of 40 CFR 270.13, the department shall notify the owner and the operator of the facility in writing of the apparent deficiency. Such notice shall specify the grounds for the department’s belief that the application is deficient. The owner or operator of the facility shall, within 30 days from receipt, respond to such a notification and explain or cure the alleged deficiency in the permit application.

(c) An existing facility that previously has been denied a facility permit or where authority to operate the facility previously had been terminated shall not qualify for interim status.

(d) During the interim status period the facility shall not:

(1) Treat, store, or dispose of hazardous waste not specified in the permit application;

(2) Employ processes not specified in the permit application; or

(3) Exceed the design capacities specified in the permit application.

(e) During the interim status period, the facility shall comply with the interim status standards set forth in Env-Hw 700.

(f) All facility operators shall comply with the following requirements for updating interim status part A applications:

(1) Updated interim status part A applications shall be filed with the department or the EPA as required by 40 CFR 270.10(g)(1);

(2) Interim status shall only attach to activities expressly covered by the interim status part A application; and

(3) An operator who does not file an updated interim status part A application for new or expanded activities as allowed by 40 CFR 270.72 shall not receive interim status for those activities.

(g) Interim status shall terminate upon:

(1) The final administrative disposition of the standard or transfer facility permit application;

(2) Failure to furnish a completed permit application on time;

(3) Failure to furnish information required by Env-Hw 304.11 in a timely fashion; or

(4) Failure to comply with the conditions of this part.

(h) For any land disposal facility that was in existence on the effective date of statutory amendments or amendments to the hazardous waste rules that cause the facility to be subject to the requirement to have a hazardous waste permit, interim status shall terminate 12 months after the date on which the facility first becomes subject to such permit requirement unless the owner or operator of such facility:

(1) Submits, in accordance with Env-Hw 304.10, an application for a standard permit for such facility no later than 12 months after the date on which the facility first becomes subject to such permit requirement; and

(2) Certifies, as specified in Env-Hw 207, that such facility is in compliance with all applicable groundwater monitoring and financial responsibility requirements.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.03 Permits-by-Rule

An owner or operator shall be deemed to have a permit-by-rule if the facility meets the conditions specified in 40 CFR 270.60(a) and (c).

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.04 Limited Permits

(a) This section shall apply to owners and operators of elementary neutralization units and wastewater treatment units provided that, in the case of elementary neutralization units that are transport vehicles or vessels or containers otherwise used to transport the waste after neutralization, neutralization occurs in these units while they remain stationary and before transport of the neutralized waste begins.

(b) This section shall not apply to the owner or operator of an elementary neutralization unit or wastewater treatment unit if the owner or operator is a very small quantity generator as described in Env-Hw 503.02.

(c) A limited permit shall be granted only if the applicant meets the conditions specified in (d) through (i), below.

(d) The owner or operator shall not treat or store a hazardous waste in an elementary neutralization unit or a wastewater treatment unit without having received an EPA identification number in accordance with Env-Hw 504.

(e) The operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry, of persons or livestock into or onto the elementary neutralization unit or wastewater treatment unit, unless:

(1) Physical contact with the waste contained in the unit will not injure unknowing or unauthorized persons or livestock that might enter the unit; and

(2) Disturbance of the waste or equipment by the unknowing or unauthorized entry of persons or livestock into or onto the unit will not cause a violation of the requirements of this section.

(f) The operator shall inspect the elementary neutralization unit or wastewater treatment unit in accordance with 40 CFR 265.15, except that the minimum inspection frequencies cited in 40 CFR 265.15(b)(4) shall not apply.

(g) The operator of an elementary neutralization unit or wastewater treatment unit shall ensure that:

(1) The unit is constructed of sturdy, leak-proof material;

(2) The unit is designed, constructed, and operated so as to prevent hazardous wastes from being spilled or leaked into or onto any land or water during the operating life of the unit; and

(3) The treatment process conducted in the unit does not:

a. Generate extreme heat or pressure, fire, explosion, or violent reaction;

b. Produce uncontrolled toxic mists, fumes, or gases in sufficient quantities to threaten human health;

c. Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion;

d. Damage the structural integrity of the tank or equipment containing the waste;

e. Otherwise threaten human health or the environment; or

f. Include placement of hazardous wastes or treatment reagents if they could cause the unit or any of its equipment to rupture, leak, abnormally corrode, or otherwise fail before the end of its intended life.

(h) At closure, the operator of an elementary neutralization unit or wastewater treatment unit shall remove all hazardous waste and hazardous waste residues from the unit.

(i) Within 15 days after any spill or leakage of hazardous waste from an elementary neutralization unit or wastewater treatment unit, the operator of the unit shall submit a written report to the department that contains the following information:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and nature of the incident;

(4) Name and quantity of materials involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of spilled or leaked material recovered after the incident.

(j) A limited permit shall be granted only for an elementary neutralization unit or wastewater treatment unit that:

(1) Meets the applicable definition for such a unit in Env-Hw 103 or Env-Hw 104;

(2) Is subject to and in compliance with a National Pollution Discharge Elimination System (NPDES) permit if the unit discharges directly into surface waters;

(3) Meets the best engineering practice for such units;

(4) Has been assigned an EPA identification number, unless the unit is totally enclosed with no hazardous waste sludges produced;

(5) Is in compliance with the manifesting requirements of Env-Hw 510; and

(6) Is in compliance with the recordkeeping and reporting requirements of Env-Hw 512, for a generator, or Env-Hw 705, for an owner or operator of a hazardous waste facility.

(k) A limited permit shall be granted for a wastewater evaporation unit only if the applicant demonstrates that:

(1) The facility uses an evaporation-type unit that removes wastewaters by an evaporation or heat process;

(2) The unit is permitted for air emission discharges or demonstrates on documents that air emission discharges from the evaporation unit do not significantly impact ambient air quality; and

(3) The facility complies with the requirements of (d) through (i), above.

(l) The operator of each unit subject to this section shall complete and submit:

(1) Form HWM-1 “Hazardous Waste Limited Permit Application” as amended August 2025;

(2) The following information:

a. Process design drawings, plans, or flow diagrams;

b. Engineering design plans or manufacturer technical specifications for the unit(s);

c. A copy of the inspection schedule for the unit(s);

d. Analytical results, from analyses conducted no more than 12 months prior to submittal of the application, for a representative sample of:

1. Wastewater, before and after treatment; and

2. Treatment sludge, if applicable;

e. A copy of the related, current wastewater discharge permit, if any; and

f. If seeking a permit for a wastewater evaporation unit, a copy of any related, current air resources division permits or documentation to demonstrate that the air emissions do not significantly impact air quality; and

(3) The application fee specified in Env-Hw 304.07(d) or Env-Hw 304.07(e)(7), as applicable.

(m) A limited permit shall expire 5 years from the date of issuance.

(n) The permittee shall apply for a permit renewal by submitting an application as specified in (l), above, to the department before the limited permit expires.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14279, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 304.05 Special Permits

(a) Emergency permits shall be issued in accordance with 40 CFR 270.61.

(b) Hazardous waste incinerator permits shall be issued in accordance with 40 CFR 270.62.

(c) Permits for land treatment demonstrations using field test or laboratory analyses shall be issued in accordance with 40 CFR 270.63.

(d) Research, development and demonstration permits shall be issued in accordance with 40 CFR 270.65.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.06 Effect of a Permit

(a) After a permit is issued, the permittee shall comply with the express terms and conditions of the permit and all of the following, provided that in the case of a conflict, the requirement that is more protective of human health, safety, and the environment shall apply:

(1) New Hampshire and federal statutes;

(2) Rules adopted by the department;

(3) 40 CFR Part 268, restricting the placement of wastes in or on the land;

(4) 40 CFR 264 leak detection system requirements, as described in 40 CFR 270.4(a)(1)(iii); and

(5) 40 CFR 265 Subpart AA, BB, or CC, limiting air emissions.

(b) A permit shall not convey any:

(1) Property rights of any sort; or

(2) Exclusive privileges.

(c) A permit shall not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local law or rules.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #12922, eff 11-23-19

N.H. Code Admin. R. Ann. Env-Hw 304.07 Fees

(a) As authorized by RSA 147-A:4, II, the applicant shall remit a non-refundable fee with each permit application.

(b) The fee for a standard permit application shall be:

(1) $7,500 for a disposal facility;

(2) $7,500 for a treatment facility;

(3) $7,500 for a storage facility;

(4) $4,500 for a generator storage facility that stores 1,000 kg or more for longer than 90 days; and

(5) $2,000 for a generator storage facility that stores between 100 kg and 1,000 kg for longer than 90 days.

(c) The fee for a transfer facility permit application shall be $4,500.

(d) The fee for a limited permit application shall be $750.

(e) The fee for a permit renewal or modification application shall be:

(1) $4,000 for standard permit for a disposal facility;

(2) $4,000 for standard permit for a treatment facility;

(3) $4,000 for standard permit for a storage facility;

(4) $2,500 for a standard permit for a generator storage facility that stores 1,000 kg or more for longer than 90 days;

(5) $1,000 for a standard permit for a generator storage facility that stores between 100 kg and 1,000 kg for longer than 90 days;

(6) $3,000 for a transfer facility permit; and

(7) $400 for a limited permit.

(f) Fees paid by check or money order shall be made payable to “Treasurer, State of New Hampshire”.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.08 Siting Requirements for Existing Facilities

(a) An existing facility may remain located in a 100-year floodplain only if:

(1) The facility is designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a 100-year flood; or

(2) The operator ensures that all waste can be removed safely to a location where the wastes will not be vulnerable to flood waters before flood waters can reach the facility.

(b) Floodplain determinations shall be made in accordance with 40 CFR 270.14(b)(11)(iii).

(c) No person shall place any hazardous waste in a salt dome formation, salt bed formation, underground mine, or cave.

(d) No portion of a facility where treatment, storage, or disposal of hazardous waste is conducted shall be located within 61 meters or 200 feet of a fault that has had displacement in Holocene time.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.09 Siting Requirements for New Facilities

(a) No new facility shall be issued a permit unless the applicant demonstrates that the active portion of the facility shall be sited in compliance with Env-Hw 702.09.

(b) Landfills, land treatment facilities, piles, and surface impoundments shall not be located within the 500-year floodplain.

(c) Transfer, treatment, storage, and disposal facilities shall not be located within the 100-year floodplain.

(d) Portions of new facilities where treatment, storage, or disposal of hazardous waste will be conducted shall not be located within 61 meters or 200 feet of a fault that has had displacement in Holocene time.

(e) Unless a facility is granted a waiver pursuant to Env-Hw 202 or is exempt pursuant to Env-Hw 303.02, the department shall not issue a permit to a new facility whose active portion is to be sited:

(1) Within 1,000 feet of a residence as defined in Env-Hw 104 that exists at the time an applicant submits a permit application. For the purposes of this subparagraph, a residence shall be deemed to exist as soon as actual construction of the residence has begun;

(2) Within 1,000 feet for transfer facilities or within 3,000 feet for treatment, storage, or disposal facilities of a school, hospital, or home for the elderly that exists at the time an applicant submits a permit application, if such an institution:

a. Is a publicly owned institution and the municipality or other governing body has reached the level of planning whereby it has already committed specified funds toward the purchase or lease of a specific site for the project or toward construction of the project; or

b. Is privately owned and the owner has already begun construction on the project;

(3) Within 200 feet for transfer, treatment, or storage facilities or within 500 feet for incinerators, landfills, land treatment facilities, piles, or surface impoundments of an adjacent property line;

(4) Within an area that has hydrologic characteristics such that an accidental discharge of hazardous waste from the active portion could take less than one year to migrate through the ground to:

a. The property line of the parcel on which the facility is proposed to be built;

b. A down-gradient discharge of groundwater to a surface water described in (9), (10), or (12), below; or

c. An aquifer described in (6), below;

(5) For landfills, land treatment facilities, piles, and surface impoundments, within an area not underlain by an aquiclude as defined in Env-Hw 103 unless an artificial barrier is installed that has a hydraulic conductivity for water of 1x 10-7 cm per second or less and that has sufficient thickness to function as an aquiclude;

(6) Within an area underlain by an aquifer occurring in non-bedrock formations capable of having a safe yield greater than 200,000 gallons per day;

(7) Within the following distance of the intake of a surface water that is a source, or the zone of contribution for a well that is a source, for a public water system as defined in RSA 485:1-a as of the time the applicant submits a permit application:

a. For landfills, land treatment facilities, piles, or surface impoundments, 5,000 feet;

b. For treatment, storage or other disposal facilities, 3,000 feet; or

c. For transfer facilities, 1,000 feet;

(8) Within the watershed of a river designated as a Class A water pursuant to RSA 485-A:9 as of the time the applicant submits a permit application;

(9) Within 250 feet for transfer facilities or within 500 feet for treatment, storage, or disposal facilities of the edge of a river or stream having a drainage area of one square mile or more;

(10) Within 250 feet for transfer facilities or within 1,000 feet for treatment, storage, or disposal facilities of a pond, lake, or reservoir whose surface area exceeds 10 acres;

(11) Within 1,500 feet for landfills, land treatment facilities, piles or surface impoundments, within 750 feet for treatment, storage and other disposal facilities, or within 250 feet for transfer facilities, of the edge of a river or stream whose normal width is 100 feet or more;

(12) Within 250 feet for transfer facilities or within 1,000 feet for treatment, storage, or disposal facilities of a wetland as regulated by RSA 482-A whose surface area exceeds 25 acres;

(13) Within the corridor of a river designated as a natural river pursuant to RSA 483; or

(14) Within any salt dome formation, salt bed formation, underground mine or cave.

(f) Determination of safe yield pursuant to (e)(6), above, shall be made in accordance with accepted hydrogeological practices.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.10 Permit Application Process

(a) Before beginning construction or operation of a new facility, including a presently operating non-hazardous waste facility that proposes to treat, store, or dispose of hazardous waste on-site, the operator shall:

(1) Submit a standard permit or transfer facility permit application signed in accordance with (d), below, that contains the information required in Env-Hw 304.11 and, as applicable, Env-Hw 304.18; and

(2) Obtain a standard permit or transfer facility permit from the department.

(b) The operator of an existing facility shall submit a complete standard permit or transfer facility permit application, signed in accordance with (d), below, to the department no later than 12 months from the date that the department receives the interim status part A application from the facility, unless subject to an earlier deadline as provided in Env-Hw 304.02(h).

(c) Existing facilities that do not qualify for interim status shall submit a standard permit or transfer facility permit application to the department immediately upon becoming subject to the standards in Env-Hw 700.

(d) Signatory requirements shall be as set forth in 40 CFR 270.11.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.11 Required Standard Permit and Transfer Facility Permit Application Information

(a) The applicant for a standard permit or a transfer facility permit shall submit the following information:

(1) The Part A application information required by 40 CFR 270.13, and the Part B application information required by 40 CFR 270.14(b) through (d);

(2) The name of a contact person for the site;

(3) For new land disposal facilities, the floodplain information required by 40 CFR 270.14(b)(11), including whether the facility is proposed to be located within a 500-year floodplain;

(4) Facility design plans and specifications, prepared and stamped approved by a New Hampshire registered professional engineer, including a scale drawing of the facility, showing the location of all past, present, and future treatment, storage, and disposal areas in sufficient detail to provide complete information to a contractor hired to build the facility even if the owner or operator intends to construct the facility without hiring a contractor;

(5) Construction schedule for any new construction or planned modifications to existing structures;

(6) If the applicant is leasing the property upon which the facility is located, a certification, as specified in Env-Hw 207, from the owner of the property verifying that such a lease exists and specifying the duration of that lease;

(7) The results of a criminal records check and a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant, submitted in accordance with RSA 147-A:4, II-c, II-d and IV‑a;

(8) Unless exempt pursuant to Env-Hw 303.02(e) or (f), a hydrogeological analysis that includes the following:

a. Information required by 40 CFR 264.97;

b. An accumulation and evaluation of published or existing hydrogeological information;

c. An accumulation and evaluation of geological structural controls at the site to determine the site’s relationship to intermediate and regional flow systems;

d. An assessment of the geophysical characteristics of the underlying materials so that the hydrogeological characteristics of the site can be evaluated;

e. A determination of the configuration of the groundwater table, including groundwater gradients of the unconfined and, where appropriate, confined aquifers;

f. The saturated thickness of the aquifers and the hydraulic interconnection between them;

g. Field data to represent high and low water table conditions;

h. The location of groundwater monitoring wells that are designed and will be located so as to yield the following data from which site impacts can be determined:

1. Test pits;

2. Well logs;

3. Boring logs; and

4. Well construction specifications;

i. An evaluation of pump tests to determine hydraulic conductivity, migration rates, and aquifer transmissivities and storativities;

j. A determination of background water quality, and a submittal of the sampling and analysis methods used for such determination; and

k. A written confirmation from the department whether a groundwater permit is required;

(9) If applicable, the information specified in 40 CFR 270.10(j), 40 CFR 270.15, 40 CFR 270.16, 40 CFR 270.17, 40 CFR 270.18, 40 CFR 270.19, 40 CFR 270.20, 40 CFR 270.21, 40 CFR 270.23, and 40 CFR 270.26; and

(10) Any additional information necessary to demonstrate that human health, safety and the environment will be protected.

(b) As used in (a)(8)i., above, “transmissivity” means the rate at which water of a prevailing density and viscosity is transmitted through a unit width of aquifer or confining bed under a unit hydraulic gradient.

(c) As used in (a)(8)i., above, “storativity” means the volume of water taken into or released from storage per unit change in head per unit area.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.12 Application Recordkeeping Requirements

(a) Each applicant shall keep records of all data used to complete the permit application and any information required to be submitted with the application for not less than 3 years from the date the applicant submitted the application.

(b) The retention period for all records required by this part shall be extended automatically while any enforcement action regarding the facility is pending.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.13)

N.H. Code Admin. R. Ann. Env-Hw 304.13 Pre-Submittal Conference

Upon the applicant’s request, the department shall afford the applicant an opportunity to meet with the department before submitting an application in order to review the department’s permit application requirements, including, if applicable, the siting requirements of Env-Hw 304.09.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.14)

N.H. Code Admin. R. Ann. Env-Hw 304.14 Submission of Application

(a) The applicant shall submit:

(1) The original and 3 copies of the application and all supporting materials required by Env-Hw 304.10;

(2) A cover letter signed by the applicant certifying, as specified in Env-Hw 207, that the submitted application meets all necessary application requirements sufficient to render it technically adequate to undergo an engineering review; and

(3) The fee required by Env-Hw 304.07.

(b) An applicant who wishes to apply for a waiver to any provision of Env-Hw 304.09(e) shall do so pursuant to Env-Hw 202 at the time the application is submitted. The department shall address the applicant’s waiver request within its site evaluation.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.15)

N.H. Code Admin. R. Ann. Env-Hw 304.15 Determination of Completeness

(a) Upon receipt of a permit application, the department shall determine whether the application is complete by carefully evaluating all technical information submitted by the applicant to ensure that the submitted information is adequate, accurate, and technically sufficient to meet the submittal requirements of the hazardous waste rules.

(b) The application shall not be deemed complete unless it clearly demonstrates that the proposed facility is capable of being operated safely and that the operation of the facility will not pose an unreasonable risk or threat to human health or the environment.

(c) If the application is deemed to be incomplete, the department shall suspend its review of the application and send a letter to the applicant that states the reason for incompleteness.

(d) The applicant shall resubmit the application only if all deficiencies noted by the department in the letter of incompleteness are addressed.

(e) If the department determines that a standard permit application is complete, the department shall review the application in accordance with Env-Hw 304.17 through Env-Hw 304.23. If the department determines that a transfer facility permit application is complete, the department shall review the application in accordance with Env-Hw 304.21 through Env-Hw 304.23.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.16)

N.H. Code Admin. R. Ann. Env-Hw 304.16 Notification Upon Receipt of Completed Applications

(a) Upon determining that a standard permit application is complete according to the criteria set forth in Env-Hw 304.15, the department shall:

(1) Send a letter to the applicant informing the applicant that the application is considered to be complete and will undergo the review process specified in Env-Hw 304.17;

(2) Send written notification to the local governing body of the receipt of the completed application so that a municipal review committee can be appointed in accordance with RSA 147-C:2; and

(3) Within 15 days of determining that an application is complete, notify the general public as specified in Env-Hw 304.21 that the completed application is available for review.

(b) If the department determines that a transfer facility permit application is complete, a notification of the department’s completeness determination shall be sent to:

(1) The applicant;

(2) The local governing body for the town in which the facility is proposed to be located; and

(3) The general public in accordance with Env-Hw 304.21.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.17); ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 304.17 Evaluation of Complete Standard Permit Application

(a) After the application is deemed complete in accordance with Env-Hw 304.15, the commissioner or designee shall assign a staff engineer to conduct a complete technical review of the application, including a determination as to whether the proposed facility could be sited or operated, or a proposed activity could be conducted, such that human health, safety, and the environment will be protected.

(b) The engineer assigned pursuant to (a), above, shall evaluate all information submitted with the application, all facility requirements, and all information submitted during the public comment period and public hearings conducted in accordance with Env-Hw 304.21.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.18); ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 304.18 Result of Evaluation of Complete Application for New Treatment, Storage or Disposal Facilities

For any application for a new treatment, storage, or disposal facility, if the department determines that the permit application does not contain sufficient information to determine whether the proposed facility could be sited or operated, or the proposed activity could be conducted, such that human health, safety, and the environment will be protected, the applicant shall, upon request by the department, submit the following information:

(a) A health assessment that evaluates the hazardous nature of the wastes that will be handled at the facility and their potential impact on public health resulting from the operation of the facility, including the following:

(1) Data on the hazardous wastes regarding:

a. Known or suspected health effects associated with the wastes being handled, including information on acute toxicity, chronic toxicity, carcinogenicity, mutagenicity, teratogenicity and reproductive effects;

b. Environmental persistence in soil, air, and water;

c. Bioaccumulation potential;

d. Emission or discharge rates of the hazardous wastes or by-products from the facility;

e. Potential pathways of human exposure or environmental receptors to the hazardous waste or hazardous constituents and on the potential magnitude and nature of such exposures; and

f. Existing regulatory or suggested exposure limits for the hazardous wastes or their by-products; and

(2) Identification and discussion of the applicant’s health and safety procedures and control measures intended to minimize the public health and safety risks associated with the facility’s operation and location based on the health assessment;

(b) An ecological analysis of the potential adverse effects to the local biotic habitat due to accidental discharge of hazardous waste that describes the environment of the area of the facility and includes a biologist’s report that lists the wildlife species known to live in or migrate through the environmental area and evaluates the potential adverse biological effects of such a discharge upon said species;

(c) An air impact analysis that includes the following:

(1) An identification of all pollutants and their emission rates from all emission points at the facility including mobile, fugitive, and stack emissions;

(2) The seasonal emission variation;

(3) Process and control technology information;

(4) The ambient background concentrations for all pollutants;

(5) Modeled ground-level concentrations for all pollutants using EPA guidelines; and

(6) The impact on soils, vegetation, visibility, climate, meteorology, and terrain;

(d) A transportation impact and safety analysis that assesses the potential public health and environmental risks associated with transporting hazardous waste to the facility, with a focus upon those primary and alternate routes most likely to be used by transporters traveling to the facility from their point of exit off the nearest divided, limited-access highway, and frontage roadways providing immediate, direct access to the facility, that includes the following:

(1) Identification of all routes and frontage roads by federal, state and/or local name within each of the major transportation corridors, and a map or maps that clearly depict each of these routes;

(2) A description of each major transportation corridor and each frontage roadway in each route identified pursuant to (1), above, that includes all relevant information pertaining to the safe transportation of the types of hazardous wastes to be transported to and from the facility, including but not limited to type, width, and condition of the routes in question;

(3) A description of the type, size, and configuration of vehicles expected to be transporting hazardous waste to the facility;

(4) Identification of all road segments existing in each route identified pursuant to (1), above, that are structurally, functionally, or topologically deficient based on the latest American Association of State Highway and Transportation Officials (AASHTO) standards, New Hampshire department of transportation adjusted sufficiency ratings, and sound engineering judgment;

(5) A discussion of all known or planned highway improvements that could affect each route identified pursuant to (1), above;

(6) A general traffic study for each route identified pursuant to (1), above, including data pertaining to average daily traffic volumes and peak hour traffic volumes, as well as all appropriate capacity analyses, and to the proposed facility’s impact upon the generation of new traffic and new traffic patterns;

(7) Identification and engineering analysis of all accidents that have occurred within the previous 5 years along each route identified pursuant to (1), above, with particular emphasis placed upon those accidents that could have posed public health or environmental risks had they involved a vehicle transporting hazardous waste;

(8) Identification of and an emergency response analysis for each location along each route identified pursuant to (1), above, where there is reasonable potential for the occurrence of future accidents and where there is reasonable potential for the occurrence of public health and environmental risks should such accidents involve a vehicle transporting hazardous waste; and

(9) An analysis of improvements that might be incorporated along each route identified pursuant to (1), above, to reduce the risks associated with the transportation of hazardous wastes along said roads, such as the correction of topological or structural deficiencies or the upgrading of traffic control devices and signing.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw 304.12)

N.H. Code Admin. R. Ann. Env-Hw 304.19 Preparation of Draft Permit and Fact Sheet

(a) If the department determines that the application demonstrates that the proposed facility could be sited and operated, or the proposed activity could be conducted, such that human health, safety, and the environment will be protected, the department shall prepare a draft permit based on the administrative record as defined by 40 CFR 124.9.

(b) The draft permit shall contain the following information:

(1) All required general and specific conditions;

(2) All compliance schedules;

(3) All monitoring requirements; and

(4) Standards for treatment, storage, and disposal, as applicable, and other permit conditions.

(c) All draft permits prepared by the department shall be accompanied by a fact sheet that:

(1) Briefly sets forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit;

(2) Describes the type of facility or transfer facility or activity covered by the draft permit;

(3) Identifies the type and quantity of wastes proposed to be treated or being treated, stored, disposed of, emitted, or discharged;

(4) Summarizes the basis for the draft permit conditions including applicable regulatory citations;

(5) Describes the procedures for making a final decision on the draft permit;

(6) Describes the procedures for public comment and hearing, including:

a. The beginning and ending date of the public comment period;

b. The mailing address and an email address to which comments may be sent;

c. The procedures for requesting a hearing and the nature of that hearing; and

d. Any other procedures by which the public may participate in the final decision;

(7) Lists the name and telephone number of an individual at the department to contact for further information; and

(8) Describes the reasons why any requested waivers or alternatives to required standards do or do not appear justified.

(d) The department shall distribute and publish the fact sheet and the draft permit and make the fact sheet, the draft permit, and the rest of the administrative record available for public comment in accordance with Env-Hw 304.20 and Env-Hw 304.21.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.20 Review of Draft Permit by the Applicant

(a) The department shall provide a copy of the draft permit to the applicant for review. The applicant shall have 30 days from the date the department mailed the draft permit to the applicant to review the draft permit and submit comments and suggested revisions to the department.

(b) If the applicant is unable to complete the review and submit comments within 30 days, the applicant may request the department to allow additional time. If the applicant requests additional time, the department and the applicant shall confer to determine a new deadline for submitting comments. This request shall not be subject to Env-Hw 202 relative to waivers.

(c) The department shall review all comments and suggested revisions submitted by the applicant. If the department determines that requested changes meet the requirements of Env-Hw 304 and Env-Hw 700, the department shall incorporate the suggested revisions into the draft permit.

(d) After the applicant’s review has been completed and after any revisions have been incorporated into the draft permit, the department shall solicit public comments as specified in Env-Hw 304.21.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.21 Public Involvement in the Permitting Process

(a) The department shall give public notice whenever:

(1) A complete permit application has been received;

(2) A draft permit has been prepared;

(3) A notice of intent to terminate has been issued pursuant to Env-Hw 304.27;

(4) A public hearing has been scheduled; or

(5) An appeal has been filed with the waste management council.

(b) Public notice that a completed application or a notice of intent to terminate is available for public review shall allow for not less than 30 days after the date of the notice to submit public comment or request a public hearing, or both.

(c) Public notice that a draft permit has been prepared shall allow for not less than 45 days after the date of the notice to submit public comment or request a public hearing, or both.

(d) The department shall provide public notice by:

(1) Publishing a notice in a newspaper of daily statewide circulation, in a local newspaper, on the department’s website, and by broadcast over local radio stations;

(2) Mailing a copy of the notice and, if available, a copy of the fact sheet and the draft permit to:

a. The applicant;

b. Each New Hampshire agency that implements any program(s) that could be affected by or is required to issue permits for the proposed facility, including but not limited to cultural and historic resources and coastal zone management;

c. Federal agencies having jurisdiction over fish and wildlife resources that could be affected by the proposed facility;

d. Each affected Indian tribe, if any;

e. Each unit of local government having jurisdiction over the area where the facility is to be located; and

f. Persons on a mailing list compiled from:

1. Persons who have requested in writing to be on the list;

2. Responses to a solicitation of persons on area lists of participants in past permit proceedings in the area; and

3. Responses to notifications to the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals; and

(3) Any other method calculated to give actual notice of the action in question to persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(e) During the comment period, any person may submit comments, request a non-adjudicative public hearing, or both, as follows:

(1) All comments and requests shall be in writing and identify the person submitting the comments or request by name and affiliation; and

(2) A request for a public hearing shall include a short statement regarding the need for a hearing.

(f) If a public hearing is to be held, the department shall give public notice of the hearing not less than 30 days before the hearing as specified in (d), above.

(g) All public notices issued pursuant to this section shall include the following information:

(1) The name and address of the department;

(2) The name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by the permit;

(3) A brief description of the business conducted at the facility or transfer facility or activity described in the permit application or draft permit;

(4) The locations where and times during which the permit application and other applicable documents are available for review;

(5) A statement that all information submitted by the applicant is available as part of the administrative record;

(6) The name, address, and telephone number of an individual at the department from whom interested persons may obtain further information, including a copy of the fact sheet, draft permit, and the application;

(7) A brief description of the public comment procedures, including:

a. A statement of how a hearing can be requested or, if a hearing has already been scheduled, the date, time, and place of the hearing; and

b. Other procedures by which the public may participate in the final permit decision;

(8) The date(s) of previous public notices relating to the topic, if any;

(9) A brief description of the nature of the hearing, if applicable; and

(10) Any additional information considered necessary or proper.

(h) If a final permit is issued, the department shall:

(1) Prepare a summary of the comments and the department’s responses to the comments, which shall:

a. Identify which provisions, if any, of the draft permit have been changed in the final permit decision and the reasons for that change; and

b. Describe and respond to comments on the fact sheet and on the draft permit that were raised during the comment period or during the hearing; and

(2) Make the summary available to the public.

(i) Public hearings shall be as follows:

(1) A public hearing shall be mandatory for disposal facilities, or if the department receives written notice of opposition to a draft permit and a request for a hearing within 45 days after public notice is issued pursuant to (d), above;

(2) In all other cases, a public hearing shall be held if such a hearing will clarify one or more issues involved in the permit decision;

(3) All public hearings shall be conducted according to the procedures applicable to non-adjudicative proceedings specified in Env-C 200; and

(4) Whenever possible, all public hearings shall be held at a location near the proposed or existing facility.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.22 Permit Issuance

(a) Prior to making a decision on an application, the department shall evaluate all duly-submitted information, including the completed application, all public comments received, all hearing testimony, and the draft permit if one was prepared.

(b) The department shall issue the permit in whole or in part or deny the application either in its entirety or only as to the active life of the facility based upon whether the information demonstrates compliance with the requirements of Env-Hw 700, RSA 147-A:4, II-a, RSA 147-A:4, II-d, and any other applicable provisions.

(c) The department shall inform the applicant of its decision no later than 90 days after the final date that the public may submit comments.

(d) A standard permit, transfer facility permit, or limited permit shall, subject to modification, suspension, or revocation by the department, be valid for 5 years unless a shorter term is requested by the applicant based on the anticipated need for the permit.

(e) Any permittee may seek renewal of a permit pursuant to Env-Hw 304.31.

(f) Issuance or denial of a standard permit or transfer facility permit shall terminate any interim status held by the facility.

(g) If an applicant is issued a standard permit or transfer facility permit, the owner or operator may begin construction of the facility in accordance with conditions of the permit.

(h) An owner or operator shall not commence operation of a new facility or any modified portion of an existing facility before:

(1) Construction has been completed;

(2) The department has received a letter signed by the owner or operator and a New Hampshire registered professional engineer certifying, as specified in Env-Hw 207, that the facility has been constructed in compliance with the standard permit or transfer facility permit conditions; and

(3) The department has verified the facility’s compliance and has notified the owner or operator in writing that operation of the facility may begin.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 304.23 Permit Application Denial

(a) If a permit application is denied, the following shall apply:

(1) The department shall send written notice of denial to the applicant by registered mail, return receipt requested;

(2) The notice of denial shall include a list of specific reasons for denial; and

(3) The applicant whose permit application has been denied may appeal such denial to the waste management council in accordance with Env-WMC 200.

(b) If a permit application is denied, the owner or operator may reapply to the department after making necessary modifications to the original permit application. The applicant shall submit the appropriate fee, as specified in Env-Hw 304.07(b) through (d), with any such reapplication.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.24 Permit Conditions and Schedules of Compliance

(a) All facility permits shall contain terms and conditions necessary for the operator to comply with the hazardous waste rules.

(b) Permit conditions shall be in accordance with 40 CFR 270.30, 270.31, and 270.32.

(c) The department shall establish conditions to ensure compliance with all applicable requirements of RSA 147-A and the hazardous waste rules.

(d) Schedules of compliance shall be in accordance with 40 CFR 270.33.

(e) For purposes of this section, "schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements, such as actions, operations, or milestone events, leading to compliance with RSA 147-A and the hazardous waste rules.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.25 Permit Modification Requested by Permittee

Any permittee who seeks to modify a permit shall proceed as specified in 40 CFR 270.42(a) through (e), (g), and (h) and Appendix I to Section 270.42.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.26 Permit Modification or Revocation and Reissuance Initiated by the Department Including Modification or Revocation and Reissuance Requested by Third Parties

(a) The department shall initiate a permit modification if cause as listed in 40 CFR 270.41(a) or (b), 7‑1-05 edition, is shown.

(b) When a permit is modified pursuant to this section, only the conditions subject to modification shall be reopened when a draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the permit.

(c) The department shall initiate a permit revocation and reissuance proceeding if the criteria for permit revocation and reissuance established in 40 CFR 270.41(b), 7-1-05 edition, are met.

(d) When a permit is revoked and reissued pursuant to this section, the entire permit shall be subject to revision just as if the permit had expired and the permit reissued for a new term.

(e) The permittee shall comply with all conditions of the existing permit during modification proceedings or permit revocation and reissuance proceedings until a new final permit is issued.

(f) Suitability of the facility location shall not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists that was unknown at the time of permit issuance.

(g) Any interested third party may request modification or revocation and reissuance of a permit. All requests shall be in writing and contain facts or reasons supporting the request.

(h) The department shall follow the procedures set forth below when it initiates a permit modification or revocation and reissuance pursuant to this section:

(1) If necessary to assist the department’s decision to modify a permit, the permittee shall submit additional information and an updated application;

(2) In the case of a permit to be revoked and reissued, the permittee shall submit a new application and such additional information as is necessary to assist the department's decision;

(3) The department shall prepare a draft permit incorporating the proposed changes in accordance with Env-Hw 304.20;

(4) The department shall make the draft permit available to the permittee for review and allow for public comment in accordance with Env-Hw 304.21;

(5) At the end of the public comment period, the department shall give the permittee an opportunity for an adjudicative hearing in accordance with the applicable provisions of RSA 541-A and Env-C 200 before modifying or revoking and reissuing the permit;

(6) If a permittee wishes to request an adjudicative hearing, the permittee shall:

a. Submit a written request for a hearing to the department no later than 30 days after the department issues its draft permit; and

b. Include in the request a short and plain statement of the permittee’s objections or concerns with regard to the department’s proposed action, a summary of the permittee’s compliance history and current compliance status, and any other relevant information;

(7) If both a public hearing is requested during the public comment period and an adjudicative hearing is requested by the permittee pursuant to this section, the department shall determine whether to hold a single hearing or two separate hearings; and

(8) If a single hearing is held, it shall be conducted as an adjudicative hearing in accordance with the applicable provisions in Env-C 200, and public notice shall be given in accordance with Env-Hw 304.21.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.27 Termination of Permits

(a) If the department receives information that indicates good cause, as defined in (b), below, exists to terminate a permit or refuse to renew a permit the department shall proceed in accordance with (d) through (k), below.

(b) The following shall constitute good cause for permit termination or permit nonrenewal:

(1) Noncompliance by the permittee with any condition of the permit;

(2) The permittee’s failure in the permit renewal application or during the permit renewal process to disclose fully all relevant facts, or the permittee’s misrepresentation by act or omission of any relevant facts at any time;

(3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit termination, suspension, or nonrenewal;

(4) Noncompliance by the permittee with any applicable standard, requirement, or provision set forth in the hazardous waste rules or RSA 147-A; or

(5) Noncompliance by the permittee with any administrative order, compliance schedule, judicial decree, or consent agreement issued pursuant to the hazardous waste rules or RSA 147-A.

(c) Any person may request the termination or nonrenewal of a permit. All requests shall be in writing and shall contain facts or reasons supporting the request.

(d) If the department decides to terminate or refuse to renew a permit, the department shall issue a notice of intent to terminate to the permittee.

(e) The notice of intent to terminate shall:

(1) Contain the reasons supporting the department's decision to terminate or refuse renewal;

(2) Be based upon the administrative record; and

(3) Include a fact sheet prepared in accordance with Env-Hw 304.19.

(f) The department shall give public notice of the notice of intent to terminate in accordance with Env-Hw 304.21.

(g) At the end of the public comment period specified in Env-Hw 304.21(b), the permittee may request an adjudicative hearing in accordance with the applicable provisions of RSA 541-A and Env-C 200.

(h) If a permittee wishes to request an adjudicative hearing, the permittee shall:

(1) Submit a written request for a hearing to the department no later than 30 days after the department issues its notice of intent to terminate; and

(2) Include in the request, a short and plain statement of the permittee's objections or concerns with regard to the department's proposed action, a summary of the permittee's compliance history and current compliance status, and any other relevant information.

(i) The department shall order the immediate suspension of a permit in whole or in part, if the department finds that public health, safety or welfare requires emergency action.

(j) An order of suspension shall act as a temporary termination or modification of the permit, as specified in the department’s order and shall be immediately effective.

(k) The order shall be vacated if the department does not begin an adjudicative proceeding in accordance with the applicable provisions of RSA 541-A and Env-C 200 within 10 business days of the issuance of the suspension order.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.28 Transfer of Permits

Transfer of permits shall be in accordance with 40 CFR 270.40, 7-1-05 edition and RSA 147-A:4, IV-a.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.29 Appeals

(a) The permittee may appeal to the waste management council in accordance with RSA 147-A:15 within 30 days of the issuance of a final decision of the department to:

(1) Grant or deny a permit application, in whole or in part;

(2) Grant or deny the permittee’s request for permit modification;

(3) Modify or revoke and reissue a permit;

(4) Terminate a permit or refuse to renew a permit; or

(5) Suspend a permit.

(b) Any other person aggrieved by a final permitting decision of the department may appeal in accordance with (a), above, if that person has standing as determined pursuant to Env-WMC 200.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.30 Continuation of Expiring Permits

(a) If a permittee wishes to continue a permitted activity after the expiration date of the permit, the permittee shall apply for and obtain a permit renewal.

(b) An expiring permit shall remain valid in accordance with 40 CFR 270.51(a)-(d) and RSA 541-A:30 if the permittee has submitted an application for renewal in accordance with Env-Hw 304.31.

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 304.31 Permit Renewal

(a) The operator of a facility that has a valid permit who wishes to renew the permit shall submit an application for renewal in accordance with Env-Hw 304.10 and Env-Hw 304.11:

(1) At least 180 days before the permit expires, for a standard permit; or

(2) Before the permit expires, for a transfer facility permit.

(b) An applicant who wishes to request an extension of time of the application submittal deadline shall submit a request for waiver in accordance with Env-Hw 202.

(c) Except for limited permit renewals, an application for permit renewal shall be treated as a new application for purposes of review, except that denial of the permit renewal shall be in accordance with Env-Hw 304.27. Limited permit renewals shall be in accordance with Env-Hw 304.04(n).

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 301

RSA 147-A:3; RSA 147-A:4

40 CFR 124; 40 CFR 264.1; 40 CFR 265.1;

40 CFR 270.60

Env-Hw 302

RSA 147-A:3, VIII, IX, IX-a, and XXV;

RSA 147-A:4; RSA 541-A:30

40 CFR 124; 40 CFR 264.1; 40 CFR 265.1;

40 CFR 270.60

Env-Hw 303

RSA 147-A:3, VIII, IX, IX-a, XI, and XXV; RSA 147-A:4; RSA 147-A:4-b;

RSA 147-A:5, I

40 CFR 124; 40 CFR 264.1; 40 CFR 265.1;

40 CFR 270

Env-Hw 304.01-Env-Hw 304.03, Env-Hw 304.05-Env-Hw 304.31

RSA 147-A:3, III, IV, VII-XI, XIII, and XXV; RSA 147-A:4;

RSA 147-A:4-b; RSA 147-A:5;

RSA 147-A:15; RSA 147-C:2;

RSA 541-A:30

40 CFR 124; 40 CFR 264.1; 40 CFR 265.1;

40 CFR 270

Env-Hw 304.04

RSA 147-A:3, III, IV, VII-XI, XIII, and XXV; RSA 147-A:4; RSA 147-A:4-b; RSA 147-A:5

40 CFR 124; 40 CFR 264.1; 40 CFR 265.1;

40 CFR 270

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. “Used oil” means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #12922, eff 11-23-19

Chapter Env-Hw 400 Identification and Listing of Hazardous Wastes

Part Env-Hw 401 Purpose, Applicability, Definitions, Exemptions, and Methods

N.H. Code Admin. R. Ann. Env-Hw 401.01 Purpose and Applicability

(a) The purpose of this chapter is to identify those wastes that are subject to regulation as hazardous wastes.

(b) Unless a waste is exempt from regulation pursuant to Env-Hw 401.03, it shall be a hazardous waste when any of the following events occur:

(1) In the case of a waste listed in Env-Hw 402, when the waste first meets the listing description set forth in Env-Hw 402;

(2) In the case of a mixture of any waste or material with one or more hazardous wastes listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a), when the listed hazardous waste is first added to the mixture; and

(3) In the case of any waste or a mixture of any waste or material with any waste exhibiting a hazardous waste characteristic identified in Env-Hw 403, when the waste or mixture exhibits any of the characteristics identified in Env-Hw 403 or by the department in accordance with Env-Hw 405.03, except as provided in (d), below.

(c) A hazardous waste shall remain a hazardous waste unless and until it meets all of the following criteria:

(1) Subject to (f), below, the waste does not exhibit any of the characteristics of hazardous waste identified in Env-Hw 403;

(2) If the waste is a federally listed waste identified in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a), or a waste that contains or is derived from any of those federally listed wastes, the EPA has excluded the waste in accordance with 40 CFR 260.20 and 40 CFR 260.22 and the department has delisted the waste pursuant to Env-Hw 406; and

(3) If the waste is a New Hampshire-listed waste identified in Env-Hw 402.04(d), Env-Hw 402.05(d), Env-Hw 402.06(c), or Env-Hw 402.07(b), the department has delisted the waste pursuant to Env-Hw 406.

(d) Subject to (e), below, any mixture resulting from the combination of a waste that is exempt pursuant to Env-Hw 401.03(b)(7) and any other non-exempt waste exhibiting a characteristic of hazardous waste pursuant to Env-Hw 403 shall be a hazardous waste if:

(1) The mixture exhibits a characteristic that would not have been exhibited by the exempt waste alone if mixing had not occurred; or

(2) The mixture continues to exhibit any characteristic that was exhibited by the non-exempt waste prior to being mixed with the exempt waste.

(e) For purposes of applying the toxicity characteristic to the mixture described in (d), above, the mixture shall be a hazardous waste if:

(1) The mixture exceeds the maximum concentration for any contaminant identified in Env-Hw 403.06(d) that would not have been exceeded by the exempt waste alone if mixing had not occurred; or

(2) The mixture continues to exceed the maximum concentration for any contaminant exceeded by the non-exempt waste prior to being mixed with the exempt waste.

(f) A waste that exhibits a characteristic of hazardous waste at the point of generation and that is not exempt pursuant to Env-Hw 401.03 shall be subject to the requirements of Env-Hw 1200, even if it no longer exhibits a characteristic at the point of land disposal.

History

• #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 401.02 Definitions

For purposes of Env-Hw 401.03, the following definitions shall apply:

(a) “Airbag waste” means any hazardous waste airbag modules or hazardous waste airbag inflators;

(b) “Airbag waste collection facility” means any facility that receives airbag waste from airbag waste handlers subject to regulation under Env-Hw 401.03(k) and that accumulates the airbag waste for more than 10 days;

(c) “Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under the hazardous waste rules;

(d) “Domestic sewage” means “domestic sewage” as defined in 40 CFR 261.4(a)(1)(ii), as reprinted in Appendix D;

(e) “No free liquids” means:

(1) Free liquids are not present in solvent-contaminated wipes as determined by the “Paint Filter Liquids Test”, test method 9095B in EPA publication SW-846, available as noted in Appendix B; and

(2) Free liquids are not present in a container holding wipes;

(f) “Point source” means “point source” as defined in 40 CFR 260.10, as reprinted in Appendix D;

(g) “Solvent-contaminated wipe” means a wipe that, after being used in a cleaning or degreasing process:

(1) Meets one or more of the following criteria:

a. The wipe contains one or more of the F001 through F005 solvents listed in Env-Hw 402.06(a) or the corresponding P- or U-listed solvents found in Env-Hw 402.04(b) or Env-Hw 402.05(b), respectively;

b. The wipe exhibits a hazardous characteristic found in Env-Hw 403 when that characteristic results from a solvent listed in Env-Hw 402.04(b), Env-Hw 402.05(b), or Env-Hw 402.06(a); or

c. The wipe exhibits only the hazardous waste characteristic of ignitability as found in Env-Hw 403.03 due to the presence of one or more solvents that are not listed in Env-Hw 402.04(b), Env-Hw 402.05(b), or Env-Hw 402.06(a); and

(2) Does not contain listed waste other than solvents or used oil, or both, and does not exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents;

(h) “Use in a cleaning or degreasing process” means use of a wipe to remove oil or other contaminants from machinery, equipment, work stations, or product components or for the cleanup of solvent spills of less than 12 fluid ounces;

(i) “Virgin lubricating products” means unused motor, engine, gear, machine, and transmission oils; and

(j) “Wipe” means “wipe” as defined in 40 CFR 260.10, as reprinted in Appendix D.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 401.03 Exemptions

(a) The following materials shall not be hazardous wastes under the hazardous waste rules provided any conditions or prohibitions specified below are met:

(1) Domestic sewage;

(2) Wastewater discharges that are industrial point source discharges in compliance with applicable New Hampshire permits and rules and federal permits and regulations under §402 of the Clean Water Act, as amended;

(3) Irrigation return waters;

(4) Source, special nuclear, or nuclear by-product material as defined by the Atomic Energy Act of 1954 as amended, 42 USC 2011 et seq.;

(5) Material subjected to in-situ mining techniques that are not removed from the ground as part of the extraction process;

(6) Pulping liquors, also known as black liquors, that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process and not accumulated speculatively as defined in Env-Hw 811.01;

(7) Spent sulfuric acid used as a feedstock in an industrial furnace to produce virgin sulfuric acid, provided that the spent sulfuric acid is not accumulated speculatively as defined in Env-Hw 811.01;

(8) Secondary materials, as defined in Env-Hw 104, provided:

a. Only tank storage is involved and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

b. Reclamation does not involve controlled flame combustion such as occurs in boilers, industrial furnaces, or incinerators;

c. The secondary materials are never accumulated in such tanks for over 12 months without being reclaimed; and

d. The reclaimed material is not used to produce a fuel or to produce products that are used in a manner constituting disposal;

(9) Excluded scrap metal, as defined in Env-Hw 103, provided it is being recycled;

(10) Shredded circuit boards being recycled, provided they are:

a. Stored in containers sufficient to prevent a release to the environment prior to recovery; and

b. Free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries;

(11) Solvent-contaminated wipes that are cleaned for reuse, provided:

a. The generator either launders or dry cleans the solvent-contaminated wipes on site or sends the solvent-contaminated wipes to be cleaned by a laundry or dry cleaner:

1. That is located in New Hampshire, or in a state that has adopted the exclusion at 40 CFR 261.4(a)(26); and

2. Whose discharge, if any, is regulated under §§301 and 402 or under §307 of the Clean Water Act;

b. The generator maintains at its site the following documentation:

1. The name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

2. Documentation of compliance with (g)(2), below; and

3. A written description of the process the generator uses to ensure that solvent-contaminated wipes contain no free liquids when laundered or dry cleaned on site or transported off site for laundering or dry cleaning; and

c. The requirements of (g), below, are met;

(12) Spent wood preserving solutions that have been reclaimed and are being reused for their original intended purpose and wastewaters from the wood preserving process that have been reclaimed and are being reused to treat wood, provided the requirements of 40 CFR 261.4(a)(9)(iii) are satisfied;

(13) Non-wastewater splash condenser dross residue from the treatment of K061 waste in high temperature metals recovery units, provided the residue is shipped in drums if shipped off site for recovery and is not land disposed before or after recovery;

(14) When recycled in the manner and under the conditions as described in 40 CFR 261.4(a)(12)(i):

a. Oil-bearing hazardous secondary materials that are generated at a petroleum refinery and are inserted into the petroleum refining process, as those terms are defined in 40 CFR 261.4(a)(12)(i), unless the material is placed on the land or speculatively accumulated before being recycled; and

b. Recovered oil, as defined in 40 CFR 261.4(a)(12)(ii);

(15) Petrochemical-recovered oil from an associated organic chemical manufacturing facility, as defined in 40 CFR 261.4(a)(18), where the recovered oil will be inserted into the petroleum refining process along with normal petroleum refinery process streams, provided that the requirements of 40 CFR 261.4(a)(18) are met; and

(16) Spent caustic solutions from petroleum-refining liquid treating processes that are used as a feedstock to produce cresylic or naphthenic acid, unless the material is placed on the land or accumulated speculatively as described in Env-Hw 811.01.

(b) The following materials shall be exempt from regulation under the hazardous waste rules, subject to any conditions, prohibitions, or other limitations specified:

(1) Household wastes, subject to (b)(2), below;

(2) Household hazardous wastes and household DIY used oil, until such time as they are collected, whether as part of a household hazardous waste collection project, at a household DIY used oil collection center, or otherwise;

(3) Agricultural wastes that are returned to the soil as fertilizers for growing agricultural crops and raising animals;

(4) Mining overburden returned to the mine site;

(5) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or fossil fuels;

(6) Wastes that fail the test for the toxicity characteristic because chromium is present, or that are listed in Env-Hw 402 due to the presence of chromium, and meet the criteria of 40 CFR 261.4(b)(6)(i), and are:

a. Listed in 40 CFR 261.4(b)(6)(ii); or

b. Subject to a waiver obtained by the generator in accordance with Env-Hw 202;

(7) Subject to (c), below, solid waste from the extraction, beneficiation, and processing of ores and minerals including coal, phosphate rock, and overburden from the mining of uranium ore;

(8) Cement kiln dust waste;

(9) Waste that consists of discarded arsenical-treated wood or wood products that fail the test for the toxicity characteristic for EPA hazardous waste numbers D004 through D017 and that is not a hazardous waste for any other reason, provided the waste is generated by persons who use the arsenical-treated wood and wood products for these materials’ intended end use;

(10) Used chlorofluorocarbon (CFC) refrigerants from totally enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use CFCs as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

(11) Non-terne-plated used oil filters that are not mixed with wastes listed in Env-Hw 402, provided the oil filters have been gravity hot-drained using one of the following methods:

a. Puncturing the filter anti-drainback valve or the filter dome end and hot-draining;

b. Hot-draining and crushing;

c. Dismantling and hot-draining; or

d. Any other equivalent hot-draining method that will remove the used oil from the filter;

(12) Hazardous waste generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or a manufacturing process unit or an associated non-waste-treatment manufacturing unit before it exits the unit in which it was generated, unless:

a. The unit is a surface impoundment; or

b. The hazardous waste remains in the unit for greater than 90 days after the unit ceases to be operated for manufacturing or for storage or transportation of product or raw materials;

(13) Samples of solid or hazardous wastes, water, soil, or air that are collected for the sole purpose of testing to determine its characteristics or composition, provided the samples are being stored or transported in accordance with 40 CFR 261.4(d);

(14) Treatability study samples and samples undergoing treatability studies at laboratories and testing facilities of up to 250 kg of non-acute hazardous waste and up to 1 kg of acute hazardous waste and as set forth in 40 CFR 261.4(e) and (f);

(15) Materials that are reclaimed from wastes and that are used beneficially, unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal;

(16) Waste pickle liquor sludges generated by lime stabilization of spent pickle liquor from the iron and steel industry Standard Industry Classification, Codes 331 and 332, or compatible North American Industry Classification System (NAICS) codes, even though they are generated from the treatment, storage, or disposal of a hazardous waste, provided they do not exhibit a hazardous waste characteristic specified in Env-Hw 403;

(17) Wastewaters contaminated with less than 5 percent used oil, the discharge of which is subject to regulation under either §402 or §307(b) of the Clean Water Act, including wastewater at facilities that have eliminated the discharge of wastewater, provided the wastewater does not exhibit a hazardous waste characteristic specified in Env-Hw 403;

(18) Spill absorbent materials, soil, and debris from the cleanup of spills of virgin fuel oil and virgin lubricating products, provided that the spill absorbent materials, soil, and debris do not exhibit a hazardous waste characteristic specified Env-Hw 403;

(19) Spill absorbent materials, soil, and debris from the cleanup of spills of virgin gasoline, provided that the spill absorbent materials, soil, and debris do not exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

(20) Containers and inner liners from containers of hazardous waste, provided that the containers and inner liners are empty pursuant to (d), below;

(21) Petroleum-contaminated media and debris that:

a. Fail the test for the toxicity characteristic of EPA hazardous waste numbers D018 through D043 only, as set forth in Env-Hw 403.06;

b. Are generated from releases of underground storage tanks subject to Env-Or 400; and

c. Are managed in accordance with Env-Or 600;

(22) Manufactured gas plant contaminated media and debris that:

a. Fail the test for the toxicity characteristic of EPA hazardous waste number D018 only, as set forth in Env-Hw 403.06; and

b. Are treated in an incinerator or a thermal desorption unit that is authorized under the destination state’s rules;

(23) Wood ash from the burning of wood products that is only hazardous due to the corrosivity characteristic as set forth in Env-Hw 403.04(b)(3);

(24) Nitroglycerine, listed as P081, provided that it:

a. Was to be used for medicinal purposes; and

b. Does not exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

(25) Used oil di-electric fluid containing PCBs in concentrations of 50 parts per million or greater, provided that the used oil di-electric fluid:

a. Would only have been identified because it is listed as NH01 or because it fails the test for the toxicity characteristic of EPA hazardous waste numbers D018 through D043 specified in Env-Hw 403.06; and

b. Is managed in compliance with all applicable requirements of 40 CFR Part 761;

(26) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products;

(27) Solvent-contaminated wipes that are sent for disposal, provided:

a. The solvent-contaminated wipes are not hazardous waste due to the presence of trichloroethylene;

b. The generator maintains at its site the following documentation:

1. The name and address of the disposal facility that is receiving the solvent-contaminated wipes;

2. Documentation of compliance with (g)(2), below; and

3. A written description of the process the generator uses to ensure that solvent-contaminated wipes contain no free liquids, when being transported for disposal;

c. The generator sends the solvent-contaminated wipes for disposal to an authorized out-of-state facility where the exclusion at 40 CFR 261.4(b)(18) has been adopted or to one of the following facilities in New Hampshire:

1. A municipal waste combustor or other combustion facility that is regulated under §129 of the Clean Air Act;

2. A hazardous waste combustor, boiler, or industrial furnace that is regulated under Env-Hw 707, Env-Hw 708, or 40 CFR part 266 subpart H; or

3. A hazardous waste landfill that is regulated under Env-Hw 707 or Env-Hw 708; and

d. The requirements of (g), below, are met;

(28) Waste derived from burning any of the materials exempt from regulation under (b)(36), below, even though it is generated from the treatment, storage, or disposal of a hazardous waste, provided it does not exhibit any hazardous waste characteristic specified in Env-Hw 403;

(29) Subject to (h), below, non-wastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, provided the conditions of 40 CFR 261.3(c)(2)(ii)(C)(1) and (2) are met, even though the residues are generated from the treatment, storage, or disposal of a hazardous waste, provided the residues do not exhibit any hazardous waste characteristic specified in Env-Hw 403;

(30) Biological treatment sludge from the treatment of any of the following wastes, provided the sludge does not exhibit any hazardous waste characteristic specified in Env-Hw 403:

a. Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, listed in Env-Hw 402.07 as K156; or

b. Wastewaters from the production of carbamates and carbamoyl oximes, listed in Env-Hw 402.07 as K157;

(31) Catalyst inert support media separated from one of the following wastes, provided they do not exhibit any hazardous waste characteristic specified in Env-Hw 403:

a. Spent hydrotreating catalyst, listed in Env-Hw 402.07 as K171; or

b. Spent hydrorefining catalyst, listed in Env-Hw 402.07 as K172;

(32) The following materials, provided they do not exhibit any hazardous waste characteristic specified in Env-Hw 403:

a. Subject to (h), below, hazardous debris as defined in 40 CFR 268.2, that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 CFR 268.45; and

b. Debris as defined in 40 CFR 268.2, that is not regulated under Env-Hw 401.01(b)(2);

(33) Subject to (i), below, leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:

a. The solid wastes disposed would meet one or more of the listing descriptions for EPA hazardous waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if the wastes had been generated after the effective date of the listing;

b. The solid wastes described in a., above, were disposed prior to the effective date of the listing;

c. The leachate or gas condensate does not exhibit any hazardous waste characteristic specified in Env-Hw 403 and is not derived from any other listed hazardous waste in Env-Hw 402; and

d. Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is in compliance with §307(b) or §402 of the Clean Water Act;

(34) Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with the requirements of 40 CFR 262 Subpart H;

(35) Scrap metal being recycled that is not otherwise exempt under (a)(9), above;

(36) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, or transportation practices;

(37) Coke and coal tar from the iron and steel industry that contains EPA hazardous waste number K087 from the iron and steel production process;

(38) Mercury-containing dental amalgam waste generated by very small quantity generators, provided the waste is being recycled and the generator meets the requirements of Env-Wq 306;

(39) Materials, including re-refined lubricants, that are reclaimed from used oil that are used beneficially and are not used in a manner constituting disposal or burned for energy recovery, as specified in Env-Hw 803.03(a)(1) and (a)(2), respectively;

(40) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil, provided the resulting fuel meets the used oil specification in Env-Hw 1404.02 and provided no other hazardous wastes are used to produce the hazardous waste fuel;

(41) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, provided the fuel meets the used oil fuel specification in Env-Hw 1404.02; and

(42) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, provided the reclaimed oil meets the used oil fuel specification in Env-Hw 1404.02.

(c) The exemption at (b)(7), above, shall not include spent potliners from primary aluminum reduction, which shall be regulated as K088 hazardous wastes.

(d) For the purposes of (b)(20), above, containers and inner liners shall be deemed empty under the following conditions:

(1) For those containers or inner liners that have held hazardous waste other than compressed gas, acutely hazardous waste identified in Env-Hw 402.04 or Env-Hw 402.06, or hazardous waste pharmaceuticals, when all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, or aspirating, and:

a. No more than one inch of residue remains on the bottom of the container or inner liner; or

b. The amount or residue remaining in the container or inner liner is:

1. No more than 3 percent by weight of the total capacity of the container if the container is less than or equal to 119 gallons in size; or

2. No more than 0.3 percent by weight of the total capacity of the container if the container is greater than 119 gallons in size;

(2) For those containers that have held a hazardous waste that is a compressed gas, when the pressure in the container approaches atmospheric pressure;

(3) For those containers or inner liners that have held acutely hazardous waste, when:

a. The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

b. The container or inner liner has been cleansed by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

c. In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed; and

(4) For those containers that have held hazardous waste pharmaceuticals, when the criteria in 40 CFR 266.507, as amended by Env-Hw 1302.02(h), have been met.

(e) Residues removed from empty containers shall be subject to regulation under the hazardous waste rules as set forth in Env-Hw 404.04.

(f) The following listed hazardous wastes shall be exempt from regulation under the hazardous waste rules, except that wastes exempt under this paragraph are subject to the land disposal restrictions of Env-Hw 1200, as applicable, even if the wastes no longer exhibit a characteristic at the point of land disposal:

(1) A hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity as specified in Env-Hw 403.03 through 403.05, respectively, if the waste no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403;

(2) A waste or material mixed with any hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity, as regulated under Env-Hw 401.01(b)(2), if the mixture no longer exhibits any characteristic of hazardous waste identified in Env-Hw 403;

(3) Any waste generated from treating, storing, or disposing of a hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity, as regulated under Env-Hw 401.01(c)(2) and Env-Hw 404.03, if the waste no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403; and

(4) Any mixture of a waste exempt from regulation under Env-Hw 401.03(b)(7) and a hazardous waste listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity, as regulated under Env-Hw 401.01(b)(2), if the mixture no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403 for which the hazardous waste was listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a).

(g) For the purposes of (a)(11) and (b)(27), above, solvent-contaminated wipes shall be exempt from regulation under the hazardous waste rules, from the point of generation, provided that:

(1) Solvent-contaminated wipes and any containers in which they are stored contain only those solvents that were absorbed during use of such wipes in a cleaning or degreasing process;

(2) No more than 180 days after the date on which a generator begins to accumulate solvent-contaminated wipes in any container, all solvent-contaminated wipes in that container are removed and sent for cleaning or disposal;

(3) Solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers;

(4) Any container in which solvent-contaminated wipes are accumulated, stored, or transported is able to contain free liquids;

(5) Containers in which solvent-contaminated wipes are accumulated or stored are closed at all times except when it is necessary to add or remove solvent-contaminated wipes;

(6) Containers in which solvent-contaminated wipes are accumulated, stored, or transported are clearly labeled or marked with the words “Excluded Solvent-Contaminated Wipes”;

(7) When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container is sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

(8) At the point of being sent for cleaning on site or of being transported off site for cleaning or disposal, the solvent-contaminated wipes contain no free liquids; and

(9) Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes are managed in accordance with the hazardous waste rules.

(h) A person claiming the exemption in (b)(29) or (b)(32)a., above, shall document the claim in accordance with (j), below, and prove, by clear and convincing evidence, that the material meets all of the exemption requirements.

(i) With regard to the exemption in (b)(33), above, leachate or gas condensate shall not be exempt if it is stored or managed in a surface impoundment prior to discharge, except as provided in 40 CFR 261.4(b)(15)(v).

(j) A person who claims that a certain material is not a hazardous waste or is exempt from regulation under the hazardous waste rules, including Env-Hw 803.05, shall provide, upon request, the documentation specified in 40 CFR 261.2(f).

(k) Subject to (l), below, airbag waste at an airbag waste handler or during transport to an airbag waste collection facility or designated facility shall be exempt from regulation under the hazardous waste rules provided that:

(1) The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;

(2) The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled “Airbag Waste – Do Not Reuse”;

(3) The airbag waste is sent directly to either:

a. An airbag waste collection facility in the United States under the control of:

1. A vehicle manufacturer or its authorized representative; or

2. An authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration; or

b. A designated facility;

(4) The transport of the airbag waste complies with all applicable US DOT regulations in 49 CFR Parts 171 through 180 during transit; and

(5) The airbag waste handler maintains at the handler facility, for no less than 3 years, records of all offsite shipments of airbag waste and all confirmations of receipt from the receiving facility.

(l) For the purposes of (k), above:

(1) The recordkeeping requirements of (k)(5) shall be as follows:

a. Records of offsite shipments shall contain at a minimum for each shipment:

1. The name of the transporter;

2. The date of the shipment;

3. The name and address of the receiving facility; and

4. The quantities of airbag modules and airbag inflators, as applicable, in the shipment;

b. Confirmations of receipt shall include:

1. The name and address of the receiving facility;

2. The quantities of airbag modules and airbag inflators, as applicable, received; and

3. The date of receipt; and

c. Shipping records and confirmations of receipt shall be made available for inspection upon request and may be satisfied by routine business records, including but not limited to:

1. Electronic or paper financial records;

2. Bills of lading;

3. Copies of US DOT shipping papers; or

4. Electronic confirmations of receipt;

(2) Upon arrival at an airbag waste collection facility or designated facility:

a. Airbag waste shall be subject to all applicable hazardous waste rules; and

b. The facility receiving airbag waste shall be considered the hazardous waste generator for the purposes of the hazardous waste rules and shall comply with the requirements of Env-Hw 500; and

(3) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration shall be prohibited.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRED: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10739, eff 12-2-14; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 401.04 Hazardous Waste Determination Methods

Sampling and analysis of waste for the purpose of identifying the waste as a hazardous or non-hazardous waste shall conform with the procedures specified in 40 CFR 261 Appendix I, EPA publication “SW-846,” as specified in Env-Hw 104 and available as noted in Appendix B, additional methods specified in Env-Hw 400, or equivalent procedures approved by EPA in accordance with 40 CFR 260.20 and 260.21 or by the department in accordance with Env-Hw 401.05.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 401.05 Petitions for Equivalent Testing or Analytical Methods

(a) Any person seeking to add an analytical method to Env-Hw 400 or Env-Hw 800 with respect to hazardous waste regulated by New Hampshire but not by EPA may petition for a rule change to allow use of a new testing method. The person shall demonstrate that the proposed method is equal or superior to the corresponding method required by Env-Hw 400 or Env-Hw 800 in terms of its sensitivity, accuracy, and reproducibility.

(b) Each petition submitted pursuant to (a), above, shall include the information required by 40 CFR 260.20(b) and 40 CFR 260.21(b).

History

• #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 401.06 Test Methods for Analyzing Hazardous Wastes

Test methods for analyzing hazardous wastes shall be as specified in the following publications, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B:

(a) “Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester,” ASTM D3278-78;

(b) “Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” ASTM D93-79 or D93-80;

(c) The test methods identified in 40 CFR 260.11(c)(4) that are published in the test methods compendium known as “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846;

(d) “Method 1664, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n‑Hexane Extractable Material (SGT–HEM; Non-polar Material) by Extraction and Gravimetry” as follows:

(1) “Revision A”, EPA Publication EPA–821–R–98–002, February 1999; and

(2) “Revision B”, EPA Publication EPA–821–R–10–001, February 2010;

(e) “Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester,” ASTM D8174-18;

(f) “Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester,” ASTM D8175-18; and

(g) “Standard Test Method for Concentration Limits of Flammability of Chemicals (Vapors and Gases),” ASTM E681-85.

History

• #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 402 Listed Hazardous Wastes

N.H. Code Admin. R. Ann. Env-Hw 402.01 Hazard Codes

(a) Unless otherwise specified elsewhere in this chapter, this part shall identify the type of hazard presented by a waste using the following hazard codes:

(1) For ignitable waste, the hazard code shall be “(I)”;

(2) For corrosive waste, the hazard code shall be “(C)”;

(3) For reactive waste, the hazard code shall be “(R)”;

(4) For toxicity characteristic waste, the hazard code shall be “(E)”;

(5) For acutely hazardous waste, the hazard code shall be “(H)”; and

(6) For toxic waste, the hazard code shall be “(T).”

(b) 40 CFR 261 Appendix VII shall be used to identify the constituent that causes the administrator to list a waste as a toxicity characteristic waste (E) or toxic waste (T) when listed in Env-Hw 402.06(a) or Env-Hw 402.07(a).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.02 Hazardous Waste Numbers

(a) Every applicable EPA and NH hazardous waste number assigned to each hazardous waste listed in this part, shown preceding the name of the waste in Table 4.1 through Table 4.9, shall be used in complying with the notification, labeling, manifest, and recordkeeping and reporting requirements of the hazardous waste rules, unless otherwise specified in Env-Hw 1400.

(b) The hazardous waste numbers assigned by EPA and New Hampshire for listed hazardous wastes shall be as set forth in Env-Hw 402.04, Env-Hw 402.05, Env-Hw 402.06, and Env-Hw 402.07.

History

• #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.03 Lists of Hazardous Wastes

(a) The materials or items specified in Env-Hw 402 shall be considered hazardous wastes:

(1) When they are discarded or intended to be discarded as defined in Env-Hw 103;

(2) When they are mixed with discarded oil or used oil or other material and applied to the land for dust suppression or road treatment;

(3) When they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use; or

(4) When, in lieu of their original intended use, they are produced for use as a fuel, or as a component of a fuel, distributed for use as a fuel, or burned as a fuel.

(b) For the purposes of dust suppression and road treatment, “discarded oil” means virgin oil that has been discarded prior to being used.

(c) For the purposes of the lists of hazardous waste in Env-Hw 402.04 and Env-Hw 402.05, the phrase “commercial chemical product or manufacturing chemical intermediate, having the generic name listed in . . .’’ shall refer to a chemical substance that is manufactured or formulated for commercial or manufacturing use that consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. The phrase shall not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in Env-Hw 402.04 or Env-Hw 402.05.

(d) When a material, such as a manufacturing process waste, is deemed to be a hazardous waste because it contains a substance listed in Env-Hw 402.04 or Env-Hw 402.05, such waste shall be listed in either Env-Hw 402.06 or Env-Hw 402.07 or shall be identified as a hazardous waste by the characteristics set forth in Env-Hw 403.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.04 Acutely Hazardous Wastes

(a) The following materials, when waste, shall be considered acutely hazardous waste:

(1) Any commercial chemical product or manufacturing chemical intermediate, having the generic name listed in (b) or (d), below, or any off-specification chemical product or intermediate that, if it met specifications, would have the generic name listed in (b) or (d), below;

(2) Any residue remaining in a container or in an inner liner removed from a container that has held any material having the generic name listed in (b) and (d), below, unless the container is empty as defined in Env-Hw 401.03(d); or

(3) Any material listed in Env-Hw 402.06 that is identified with the symbol "(H)".

(b) EPA-listed acutely hazardous wastes shall be as listed in Table 4.1, below, subject to the note in (c), below:

Table 4.1 EPA Acutely Hazardous Wastes

EPA

Hazardous Waste

Number

Chemical

Abstracts

Number

Hazardous Waste

P023

107-20-0

Acetaldehyde, chloro-

P002

591-08-2

Acetamide,N-(aminothioxomethyl)-

P057

640-19-7

Acetamide, 2-fluoro-

P058

62-74-8

Acetic acid, fluoro-, sodium salt

P002

591-08-2

1-Acetyl-2-thiourea

P003

107-02-8

Acrolein

P070

116-06-3

Aldicarb

P203

1646-88-4

Aldicarb sulfone

P004

309-00-2

Aldrin

P005

107-18-6

Allyl alcohol

P006

20859-73-8

Aluminum phosphide (R,T)

P007

2763-96-4

5-(Aminomethyl)-3-isoxazolol

P008

504-24-5

4-Aminopyridine

P009

131-74-8

Ammonium picrate (R)

P119

7803-55-6

Ammonium vanadate

P099

506-61-6

Argentate(1-),bis(cyano-C)-,potassium

P010

7778-39-4

Arsenic acid H₃AsO₄

P012

1327-53-3

Arsenic oxide As₂O₃

P011

1303-28-2

Arsenic oxide As₂O₅

P011

1303-28-2

Arsenic pentoxide

P012

1327-53-3

Arsenic trioxide

P038

692-42-2

Arsine, diethyl-

P036

696-28-6

Arsonous dichloride, phenyl-

P054

151-56-4

Aziridine

P067

75-55-8

Aziridine, 2-methyl-

P013

542-62-1

Barium cyanide

P024

106-47-8

Benzenamine, 4-chloro-

P077

100-01-6

Benzenamine, 4-nitro-

P028

100-44-7

Benzene, (chloromethyl)-

P042

51-43-4

1,2-Benzenediol, 4-[1-hydroxy-2-methylamino)ethyl]-, (R)-

P046

122-09-8

Benzeneethanamine, alpha,alpha-dimethyl

P014

108-98-5

Benzenethiol

P127

1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate

P188

57-64-7

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1)

P001

¹81-81-2

2H-1-Benzopyran-2-one, 4-hydroxy-3-

(3-oxo-1-phenylbutyl)-, & salts, when

present at concentrations greater than 0.3%

P028

100-44-7

Benzyl chloride

P015

7440-41-7

Beryllium powder

P017

598-31-2

Bromoacetone

P018

357-57-3

Brucine

P045

39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-,

O-[(methylamino) carbonyl]oxime

P021

592-01-8

Calcium cyanide

P021

592-01-8

Calcium cyanide Ca(CN)₂

P189

55285-14-8

Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester

P191

644-64-4

Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester

P192

119-38-0

Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester

P190

1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester

P127

1563-66-2

Carbofuran

P022

75-15-0

Carbon disulfide

P095

75-44-5

Carbonic dichloride

P189

55285-14-8

Carbosulfan

P023

107-20-0

Chloroacetaldehyde

P024

106-47-8

p-Chloroaniline

P026

5344-82-1

1-(o-Chlorophenyl) thiourea

P027

542-76-7

3-Chloropropionitrile

P029

544-92-3

Copper cyanide

P029

544-92-3

Copper cyanide Cu(CN)

P202

64-00-6

m-Cumenyl methylcarbamate

P030

---

Cyanides (soluble cyanide salts), not otherwise specified

P031

460-19-5

Cyanogen

P033

506-77-4

Cyanogen chloride

P033

506-77-4

Cyanogen chloride (CN)Cl

P034

131-89-5

2-Cyclohexyl-4,6- dinitrophenol

P016

542-88-1

Dichloromethyl ether

P036

696-28-6

Dichlorophenylarsine

P037

60-57-1

Dieldrin

P038

692-42-2

Diethylarsine

P041

311-45-5

Diethyl-p-nitrophenyl phosphate

P040

297-97-2

O, O -Diethyl O -pyrazinyl phosphorothioate

P043

55-91-4

Diisopropylfluorophosphate (DFP)

P004

309-00-2

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8, 8a-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-

P060

465-73-6

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8, 8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-

P037

60-57-1

2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta, 6aalpha,7beta,7aalpha)-

P051

¹72-20-8

2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha, 6abeta,7beta,7aalpha)-, & metabolites

P044

60-51-5

Dimethoate

P046

122-09-8

alpha,alpha-Dimethylphenethylamine

P191

644-64-4

Dimetilan

P047

¹534-52-1

4,6-Dinitro-o-cresol, & salts

P048

51-28-5

2,4-Dinitrophenol

P020

88-85-7

Dinoseb

P085

152-16-9

Diphosphoramide, octamethyl-

P111

107-49-3

Diphosphoric acid, tetraethyl ester

P039

298-04-4

Disulfoton

P049

541-53-7

Dithiobiuret

P185

26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)- carbonyl]oxime

P050

115-29-7

Endosulfan

P088

145-73-3

Endothall

P051

72-20-8

Endrin

P051

72-20-8

Endrin, & metabolites

P042

51-43-4

Epinephrine

P031

460-19-5

Ethanedinitrile

P194

23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester

P066

16752-77-5

Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester

P101

107-12-0

Ethyl cyanide

P054

151-56-4

Ethyleneimine

P097

52-85-7

Famphur

P056

7782-41-4

Fluorine

P057

640-19-7

Fluoroacetamide

P058

62-74-8

Fluoroacetic acid, sodium salt

P198

23422-53-9

Formetanate hydrochloride

P197

17702-57-7

Formparanate

P065

628-86-4

Fulminic acid, mercury(2+) salt (R,T)

P059

76-44-8

Heptachlor

P062

757-58-4

Hexaethyl tetraphosphate

P116

79-19-6

Hydrazinecarbothioamide

P068

60-34-4

Hydrazine, methyl-

P063

74-90-8

Hydrocyanic acid

P063

74-90-8

Hydrogen cyanide

P096

7803-51-2

Hydrogen phosphide

P060

465-73-6

Isodrin

P192

119-38-0

Isolan

P202

64-00-6

3-Isopropylphenyl N-methylcarbamate

P007

2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-

P196

15339-36-3

Manganese, bis(dimethylcarbamodithioato-S,S')-,

P196

15339-36-3

Manganese dimethyldithiocarbamate

P092

62-38-4

Mercury, (acetato- O)phenyl-

P065

628-86-4

Mercury fulminate (R,T)

P082

62-75-9

Methanamine, N-methyl-N-nitroso-

P064

624-83-9

Methane, isocyanato-

P016

542-88-1

Methane, oxybis[chloro-

P112

509-14-8

Methane, tetranitro- (R)

P118

75-70-7

Methanethiol, trichloro-

P198

23422-53-9

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride

P197

17702-57-7

Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-

P050

115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6, 9,9a-hexahydro-, 3-oxide

P059

76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8- heptachloro-3a,4,7,7a-tetrahydro-

P199

2032-65-7

Methiocarb

P066

16752-77-5

Methomyl

P068

60-34-4

Methyl hydrazine

P064

824-83-9

Methyl isocyanate

P069

75-86-5

2-Methyllactonitrile

P071

298-00-0

Methyl parathion

P190

1129-41-5

Metolcarb

P128

315-18-4

Mexacarbate

P072

86-88-4

alpha Naphthylthiourea

P073

13463-39-3

Nickel carbonyl

P073

13463-39-3

Nickel carbonyl Ni(CO)₄, (T-4)-

P074

557-19-7

Nickel cyanide

P074

557-19-7

Nickel cyanide Ni(CN)₂

P075

¹54-11-5

Nicotine & salts (This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies.)

P076

10102-43-9

Nitric oxide

P077

100-01-6

p-Nitroaniline

P078

10102-44-0

Nitrogen dioxide

P076

10102-43-9

Nitrogen oxide N0

P078

10102-44-0

Nitrogen oxide N0₂

P081

55-63-0

Nitroglycerine (R)

P082

62-75-9

N-Nitrosodimethylamine

P084

4549-40-0

N-Nitrosomethylvinylamine

P085

152-16-9

Octamethylpyrophosphoramide

P087

20816-12-0

Osmium oxide OsO₄, (T-4)-

P087

20816-12-0

Osmium tetroxide

P088

145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid

P194

23135-22-0

Oxamyl

P089

56-38-2

Parathion

P034

131-89-5

Phenol, 2-cyclohexyl-4,6-dinitro-

P048

51-28-5

Phenol, 2,4-dinitro-

P047

¹534-52-1

Phenol, 2-methyl-4,6-dinitro-, & salts

P020

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

P009

131-74-8

Phenol, 2,4,6-trinitro-, ammonium salt (R)

P128

315-18-4

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)

P199

2032-65-7

Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

P202

64-00-6

Phenol, 3-(1-methylethyl)-, methyl carbamate

P201

2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate

P092

62-38-4

Phenylmercury acetate

P093

103-85-5

Phenylthiourea

P094

298-02-2

Phorate

P095

75-44-5

Phosgene

P096

7803-51-2

Phosphine

P041

311-45-5

Phosphoric acid, diethyl 4-nitrophenyl ester

P039

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

P094

298-02-2

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P044

60-51-5

Phosphorodithioic acid, O,O-dimethyl-[2-methylamino)-2-oxoethyl] ester

P043

55-91-4

Phosphorofluoridic acid, bis(1-methylethyl) ester

P089

56-38-2

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

P040

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

P097

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino)sufonyl]phenyl] O,O-dimethyl ester

P071

298-00-0

Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester

P204

57-47-6

Physostigmine

P188

57-64-7

Physostigmine salicylate

P110

78-00-2

Plumbane, tetraethyl-

P098

151-50-8

Potassium cyanide

P098

151-50-8

Potassium cyanide K(CN)

P099

506-61-6

Potassium silver cyanide

P201

2631-37-0

Promecarb

P070

116-06-3

Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl] oxime

P203

1646-88-4

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime

P101

107-12-0

Propanenitrile

P027

542-76-7

Propanenitrile, 3-chloro-

P069

75-86-5

Propanenitrile, 2-hydroxy-2-methyl-

P081

55-63-0

1,2,3-Propanetriol, trinitrate (R)

P017

598-31-2

2-Propanone, 1-bromo-

P102

107-19-7

Propargyl alcohol

P003

107-02-8

2-Propenal

P005

107-18-6

2-Propen-1-ol

P067

75-55-8

1,2-Propylenimine

P102

107-19-7

2-Propyn-1-ol

P008

504-24-5

4-Pyridinamine

P075

¹54-11-5

Pyridine, 3-(1-methyl-3pyrrolidinyl)-, (S)-, & salts (This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies.)

P204

57‑47‑6

Pyrrolo[2,3‑b]indol‑5‑ol, 1,2,3,3a,8,8a‑hexahydro‑1,3a,8‑ trimethyl‑, methylcarbamate (ester), (3aS‑cis)‑

P114

12039-52-0

Selenious acid, dithallium(1+) salt

P103

630-10-4

Selenourea

P104

506-64-9

Silver cyanide

P104

506-64-9

Silver cyanide Ag(CN)

P105

26628-22-8

Sodium azide

P106

143-33-9

Sodium cyanide

P106

143-33-9

Sodium cyanide Na(CN)

P108

¹57-24-9

Strychnidin-10-one, & salts

P018

357-57-3

Strychnidin-10-one, 2,3-dimethoxy-

P108

¹57-24-9

Strychnine, & salts

P115

7446-18-6

Sulfuric acid, dithallium(1+) salt

P109

3689-24-5

Tetraethyldithiopyrophosphate

P110

78-00-2

Tetraethyl lead

P111

107-49-3

Tetraethyl pyrophosphate

P112

509-14-8

Tetranitromethane (R)

P062

757-58-4

Tetraphosphoric acid, hexaethyl ester

P113

1314-32-5

Thallic oxide

P113

1314-32-5

Thallium oxide Tl₂O₃

P114

12039-52-0

Thallium(1) selenite

P115

7446-18-6

Thallium(1) sulfate

P109

3689-24-5

Thiodiphosphoric acid, tetraethyl ester

P045

39196-18-4

Thiofanox

P049

541-53-7

Thioimidodicarbonic diamide [(H₂N)C(S)]₂NH

P014

108-98-5

Thiophenol

P116

79-19-6

Thiosemicarbazide

P026

5344-82-1

Thiourea, (2-chlorophenyl)-

P072

86-88-4

Thiourea, 1-naphthalenyl-

P093

103-85-5

Thiourea, phenyl-

P185

26419‑73‑8

Tirpate

P123

8001-35-2

Toxaphene

P118

75-70-7

Trichloromethanethiol

P119

7803-55-6

Vanadic acid, ammonium salt

P120

1314-62-1

Vanadium oxide V₂O₅

P120

1314-62-1

Vanadium pentoxide

P084

4549-40-0

Vinylamine, N-methyl-N-nitroso-

P001

¹81-81-2

Warfarin, & salts, when present at concentrations greater than 0.3%

P205

137‑30‑4

Zinc, bis(dimethylcarbamodithioato‑S,S')‑,

P121

557-21-1

Zinc cyanide

P121

557-21-1

Zinc cyanide Zn(CN)₂

P122

1314-84-7

Zinc phosphide Zn₃P₂, when present at concentrations greater than 10% (R,T)

P205

137‑30‑4

Ziram

(c) In Table 4.1, the superscript number "1" shall indicate that the chemical abstracts number is given for the parent compound only.

(d) New Hampshire-listed acutely hazardous wastes shall be as listed in Table 4.2 below:

Table 4.2 New Hampshire Acutely Hazardous Wastes

NH Hazardous Waste Number

Hazardous Waste

NH03 to NH11

Reserved

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.05 Toxic Hazardous Wastes

(a) The following materials, when waste, shall constitute toxic hazardous waste:

(1) Any commercial chemical product or manufacturing chemical intermediate, having the generic name listed in (b) or (d), below, or any off-specification chemical product or intermediate that, if it met specification, would have the generic name listed in (b) or (d), below; or

(2) Any residue remaining in a container or in an inner liner removed from a container that has held any material having the generic name listed in (b), below, unless the container is empty as defined in Env-Hw 401.03(d).

(b) EPA-listed toxic hazardous wastes shall be as listed in Table 4.3 below:

Table 4.3 EPA Toxic Hazardous Wastes

EPA Hazardous Waste Number

Chemical

Abstracts

Number

Hazardous Waste

U394

30558‑43‑1

A2213

U001

75-07-0

Acetaldehyde (I)

U034

75-87-6

Acetaldehyde, trichloro-

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-

U005

53-96-3

Acetamide, N-9H-fluoren-2-yl-

U240

¹94-75-7

Acetic acid (2,4-dichlorophenoxy)-, salts and esters

U112

141-78-6

Acetic acid ethyl ester (I)

U144

301-04-2

Acetic acid, lead (2+) salt

U214

563-68-8

Acetic acid, thallium (1+) salt

See F027

93-76-5

Acetic acid,(2,4,5-trichlorophenoxy)-

U002

67-64-1

Acetone (I)

U003

75-05-8

Acetonitrile (I,T)

U004

98-86-2

Acetophenone

U005

53-96-3

2-Acetylaminofluorene

U006

75-36-5

Acetyl chloride (C,R,T)

U007

79-06-1

Acrylamide

U008

79-10-7

Acrylic acid (I)

U009

107-13-1

Acrylonitrile

U011

61-82-5

Amitrole

U012

62-53-3

Aniline (I,T)

U136

75-60-5

Arsinic acid, dimethyl-

U014

492-80-8

Auramine

U015

115-02-6

Azaserine

U010

50-07-7

Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha,8beta,8aalpha,8balpha)]-

U280

101‑27‑9

Barban

U278

22781‑23‑3

Bendiocarb

U364

22961‑82‑6

Bendiocarb phenol

U271

17804‑35‑2

Benomyl

U157

56-49-5

Benz [j] aceanthrylene, 1,2-dihydro-3-methyl-

U016

225-51-4

Benz [c] acridine

U017

98-87-3

Benzal chloride

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

U018

56-55-3

Benz [a] anthracene

U094

57-97-6

Benz [a] anthracene, 7,12-dimethyl-

U012

62-53-3

Benzenamine (I,T)

U014

492-80-8

Benzenamine, 4,4'-carbonimidoylbis[N,N- dimethyl-

U049

3165-93-3

Benzenamine, 4-chloro-2-methyl-, hydrochloride

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

U328

95-53-4

Benzenamine, 2-methyl-

U353

106-49-0

Benzenamine, 4-methyl-

U158

101-14-4

Benzenamine, 4,4'-methylenebis[2-chloro-

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride

U181

99-55-8

Benzenamine, 2-methyl-5-nitro-

U019

71-43-2

Benzene (I,T)

U038

510-15-6

Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester

U030

101-55-3

Benzene, 1-bromo-4-phenoxy-

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U037

108-90-7

Benzene, chloro-

U221

25376-45-8

Benzenediamine, ar-methyl-

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis (2-ethylhexyl) ester

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

U070

95-50-1

Benzene, 1,2-dichloro-

U071

541-73-1

Benzene, 1,3-dichloro-

U072

106-46-7

Benzene, 1,4-dichloro-

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene) bis [4-chloro-

U017

98-87-3

Benzene, (dichloromethyl)-

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl­(R,T)

U239

1330-20-7

Benzene, dimethyl-(I)

U201

108-46-3

1,3-Benzenediol

U127

118-74-1

Benzene, hexachloro-

U056

110-82-7

Benzene, hexahydro-(I)

U220

108-88-3

Benzene, methyl-

U105

121-14-2

Benzene, 1-methyl-2,4-dinitro

U106

606-20-2

Benzene, 2-methyl-1,3-dinitro-

U055

98-82-8

Benzene, (1-methylethyl)- (I)

U169

98-95-3

Benzene, nitro-

U183

608-93-5

Benzene, pentachloro-

U185

82-68-8

Benzene, pentachloronitro-

U020

98-09-9

Benzenesulfonic acid chloride (C,R)

U020

98-09-9

Benzenesulfonyl chloride (C,R)

U207

95-94-3

Benzene, 1,2,4,5-tetrachloro-

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro

U247

72-43-5

Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-methoxy-

U023

98-07-7

Benzene, (trichloromethyl)-

U234

99-35-4

Benzene, 1,3,5-trinitro-

U021

92-87-5

Benzidine

U278

22781‑23‑3

1,3‑Benzodioxol‑4‑ol, 2,2‑dimethyl‑, methyl carbamate

U364

22961‑82‑6

1,3‑Benzodioxol‑4‑ol, 2,2‑dimethyl‑,

U203

94-59-7

1,3 Benzodioxole, 5-(2-propenyl)-

U141

120-58-1

1,3 Benzodioxole, 5-(1-propenyl)-

U090

94-58-6

1,3 Benzodioxole, 5-propyl-

U367

1563‑38‑8

7‑Benzofuranol, 2,3‑dihydro‑2,2‑dimethyl‑

U064

189-55-9

Benzo[rst]pentaphene

U248

¹81-81-2

2H-1-Benzopyran-2-one, 4 hydroxy-3- (3-oxo-1-phenyl-butyl)-, and salts when present at concentrations of 0.3% or less

U022

50-32-8

Benzo[a]pyrene

U197

106-51-4

p-Benzoquinone

U023

98-07-7

Benzotrichloride (C,R,T,)

U085

1464-53-5

2,2'-Bioxirane

U021

92-87-5

[1,1'-Biphenyl]-4-4'-diamine

U073

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

U091

119-90-4

[1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethoxy-

U095

119-93-7

[1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethyl-

U225

75-25-2

Bromoform

U030

101-55-3

4-Bromophenyl phenyl ether

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-

U031

71-36-3

1-Butanol (I)

U159

78-93-3

2-Butanone (I,T)

U160

1338-23-4

2-Butanone, peroxide (R,T)

U053

4170-30-3

2-Butenal

U074

764-41-0

2-Butene, 1,4-dichloro- ­(I,T)

U143

303-34-4

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-

U031

71-36-3

n-Butyl alcohol (I)

U136

75-60-5

Cacodylic acid

U032

13765-19-0

Calcium chromate

U372

10605‑21‑7

Carbamic acid, 1H‑benzimidazol‑2‑yl, methyl ester

U271

17804‑35‑2

Carbamic acid, [1‑[(butylamino)carbonyl]‑1H‑ benzimidazol‑2‑yl]‑, methyl ester

U280

101‑27‑9

Carbamic acid, (3‑chlorophenyl)‑, 4‑chloro‑2‑butynyl ester

U238

51-79-6

Carbamic acid, ethyl ester

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester

U373

122‑42‑9

Carbamic acid, phenyl‑, 1‑methylethyl ester

U409

23564‑05‑8

Carbamic acid, [1,2‑phenylenebis (iminocarbonothioyl)]bis‑, dimethyl ester

U097

79-44-7

Carbamic chloride, dimethyl-

U389

2303‑17‑5

Carbamothioic acid, bis(1‑methylethyl)‑, S‑(2,3,3‑trichloro‑2‑propenyl) ester

U387

52888‑80‑9

Carbamothioic acid, dipropyl‑, S‑(phenylmethyl) ester

U114

¹111-54-6

Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

U279

63‑25‑2

Carbaryl

U372

10605‑21‑7

Carbendazim

U367

1563‑38‑8

Carbofuran phenol

U215

6533-73-9

Carbonic acid, dithallium(1+) salt

U033

353-50-4

Carbonic difluoride

U156

79-22-1

Carbonochloridic acid, methyl ester (I,T)

U033

353-50-4

Carbon oxyfluoride (R,T)

U211

56-23-5

Carbon tetrachloride

U034

75-87-6

Chloral

U035

305-03-3

Chlorambucil

U036

57-74-9

Chlordane, alpha & gamma isomers

U026

494-03-1

Chlornaphazin

U037

108-90-7

Chlorobenzene

U038

510-15-6

Chlorobenzilate

U039

59-50-7

p-Chloro-m-cresol

U042

110-75-8

2-Chloroethyl vinyl ether

U044

67-66-3

Chloroform

U046

107-30-2

Chloromethyl methyl ether

U047

91-58-7

beta-Chloronaphthalene

U048

95-57-8

o-Chlorophenol

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride

U032

13765-19-0

Chromic acid H₂CrO₄, calcium salt

U050

218-01-9

Chrysene

U051

---

Creosote

U052

1319-77-3

Cresol (Cresylic acid)

U053

4170-30-3

Crotonaldehyde

U055

98-82-8

Cumene (I)

U246

506-68-3

Cyanogen bromide (CN)Br

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione

U056

110-82-7

Cyclohexane (I)

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-

U057

108-94-1

Cyclohexanone (I)

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

U058

50-18-0

Cyclophosphamide

U240

¹94-75-7

2,4-D, salts and esters

U059

20830-81-3

Daunomycin

U060

72-54-8

DDD

U061

50-29-3

DDT

U062

2303-16-4

Diallate

U063

53-70-3

Dibenz[a,h]anthracene

U064

189-55-9

Dibenzo[a,i]pyrene

U066

96-12-8

1,2-Dibromo-3-chloropropane

U069

84-74-2

Dibutyl phthalate

U070

95-50-1

o-Dichlorobenzene

U071

541-73-1

m-Dichlorobenzene

U072

106-46-7

p-Dichlorobenzene

U073

91-94-1

3,3'-Dichlorobenzidine

U074

764-41-0

1,4-Dichloro-2-butene (I,T)

U075

75-71-8

Dichlorodifluoromethane

U078

75-35-4

1,1-Dichloroethylene

U079

156-60-5

1,2-Dichloroethylene

U025

111-44-4

Dichloroethyl ether

U027

108-60-1

Dichloroisopropyl ether

U024

111-91-1

Dichloromethoxy ethane

U081

120-83-2

2,4-Dichlorophenol

U082

87-65-0

2,6-Dichlorophenol

U084

542-75-6

1,3-Dichloropropene

U085

1464-53-5

1,2:3,4-Diepoxybutane (I,T)

U108

123-91-1

1,4-Diethyleneoxide

U028

117-81-7

Diethylhexyl phthalate

U395

5952‑26‑1

Diethylene glycol, dicarbamate

U086

1615-80-1

N,N'-Diethylhydrazine

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate

U088

84-66-2

Diethyl phthalate

U089

56-53-1

Diethylstilbestrol

U090

94-58-6

Dihydrosafrole

U091

119-90-4

3,3'-Dimethoxybenzidine

U092

124-40-3

Dimethylamine (I)

U093

60-11-7

p-Dimethylaminoazobenzene

U094

57-97-6

7,12-Dimethylbenz[a]anthracene

U095

119-93-7

3,3'-Dimethylbenzidine

U096

80-15-9

alpha,alpha-Dimethylbenzylhydroperoxide (R)

U097

79-44-7

Dimethylcarbamoyl chloride

U098

57-14-7

1,1-Dimethylhydrazine

U099

540-73-8

1,2-Dimethylhydrazine

U101

105-67-9

2,4-Dimethylphenol

U102

131-11-3

Dimethyl phthalate

U103

77-78-1

Dimethyl sulfate

U105

121-14-2

2,4-Dinitrotoluene

U106

606-20-2

2,6-Dinitrotoluene

U107

117-84-0

Di-n-octyl phthalate

U108

123-91-1

1,4-Dioxane

U109

122-66-7

1,2-Diphenylhydrazine

U110

142-84-7

Dipropylamine (I)

U111

621-64-7

Di-n-propylnitrosamine

U041

106-89-8

Epichlorohydrin

U001

75-07-0

Ethanal (I)

U404

121‑44‑8

Ethanamine, N,N‑diethyl‑

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

U067

106-93-4

Ethane, 1,2-dibromo-

U076

75-34-3

Ethane, 1,1-dichloro-

U077

107-06-2

Ethane, 1,2-dichloro-

U131

67-72-1

Ethane, hexachloro-

U024

111-91-1

Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-

U117

60-29-7

Ethane, 1,1'-oxybis- (I)

U025

111-44-4

Ethane, 1,1'-oxybis[2-chloro-

U184

76-01-7

Ethane, pentachloro-

U208

630-20-6

Ethane, 1,1,1,2-tetrachloro-

U209

79-34-5

Ethane, 1,1,2,2-tetrachloro-

U218

62-55-5

Ethanethioamide

U226

71-55-6

Ethane, 1,1,1-trichloro-

U227

79-00-5

Ethane, 1,1,2-trichloro-

U410

59669‑26‑0

Ethanimidothioic acid, N,N'‑ [thiobis[(methylimino)carbonyloxy]]bis‑, dimethyl ester

U394

30558‑43‑1

Ethanimidothioic acid, 2‑(dimethylamino)‑N‑hydroxy‑2‑ oxo‑, methyl ester

U359

110-80-5

Ethanol, 2-ethoxy-

U173

1116-54-7

Ethanol, 2,2'-(nitrosoimino)bis-

U395

5952‑26‑1

Ethanol, 2,2'‑oxybis‑, dicarbamate

U004

98-86-2

Ethanone, 1-phenyl-

U043

75-01-4

Ethene, chloro-

U042

110-75-8

Ethene, (2-chloroethoxy)-

U078

75-35-4

Ethene, 1,1-dichloro-

U079

156-60-5

Ethene, 1,2-dichloro-,(E)-

U210

127-18-4

Ethene, tetrachloro-

U228

79-01-6

Ethene, trichloro-

U112

141-78-6

Ethyl acetate (I)

U113

140-88-5

Ethyl acrylate (I)

U238

51-79-6

Ethyl carbamate (urethane)

U117

60-29-7

Ethyl ether (I)

U114

¹111-54-6

Ethylenebisdithiocarbamic acid, salts & esters

U067

106-93-4

Ethylene dibromide

U077

107-06-2

Ethylene dichloride

U359

110-80-5

Ethylene glycol monoethyl ether

U115

75-21-8

Ethylene oxide (I,T)

U116

96-45-7

Ethylenethiourea

U076

75-34-3

Ethylidene dichloride

U118

97-63-2

Ethyl methacrylate

U119

62-50-0

Ethyl methanesulfonate

U120

206-44-0

Fluoranthene

U122

50-00-0

Formaldehyde

U123

64-18-6

Formic acid (C,T)

U124

110-00-9

Furan (I)

U125

98-01-1

2-Furancarboxaldehyde (I)

U147

108-31-6

2,5-Furandione

U213

109-99-9

Furan, tetrahydro- (I)

U125

98-01-1

Furfural (I)

U124

110-00-9

Furfuran (I)

U206

18883-66-4

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,D-

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino) -carbonyl]amino]-

U126

765-34-4

Glycidylaldehyde

U163

70-25-7

Guanidine, N-methyl-N'-nitro-N-nitroso-

U127

118-74-1

Hexachlorobenzene

U128

87-68-3

Hexachlorobutadiene

U130

77-47-4

Hexachlorocyclopentadiene

U131

67-72-1

Hexachloroethane

U132

70-30-4

Hexachlorophene

U243

1888-71-7

Hexachloropropene

U133

302-01-2

Hydrazine (R,T)

U086

1615-80-1

Hydrazine, 1,2-diethyl-

U098

57-14-7

Hydrazine, 1,1-dimethyl-

U099

540-73-8

Hydrazine, 1,2-dimethyl-

U109

122-66-7

Hydrazine, 1,2-diphenyl-

U134

7664-39-3

Hydrofluoric acid (C,T)

U134

7664-39-3

Hydrogen fluoride (C,T)

U135

7783-06-4

Hydrogen sulfide

U135

7783-06-4

Hydrogen sulfide H₂S

U096

80-15-9

Hydroperoxide, 1-methyl-1-phenylethyl- (R)

U116

96-45-7

2-Imidazolidinethione

U137

193-39-5

Indeno[1,2,3-cd]pyrene

U190

85-44-9

1,3-Isobenzofurandione

U140

78-83-1

Isobutyl alcohol (I,T)

U141

120-58-1

Isosafrole

U142

143-50-0

Kepone

U143

303-34-4

Lasiocarpine

U144

301-04-2

Lead acetate

U146

1335-32-6

Lead, bis(acetato-O)tetrahydroxytri-

U145

7446-27-7

Lead phosphate

U146

1335-32-6

Lead subacetate

U129

58-89-9

Lindane

U163

70-25-7

MNNG

U147

108-31-6

Maleic anhydride

U148

123-33-1

Maleic hydrazide

U149

109-77-3

Malononitrile

U150

148-82-3

Melphalan

U151

7439-97-6

Mercury

U152

126-98-7

Methacrylonitrile (I,T)

U092

124-40-3

Methanamine, N-methyl-(I)

U029

74-83-9

Methane, bromo-

U045

74-87-3

Methane, chloro- (I,T)

U046

107-30-2

Methane, chloromethoxy-

U068

74-95-3

Methane, dibromo-

U080

75-09-2

Methane, dichloro-

U075

75-71-8

Methane, dichlorodifluoro-

U138

74-88-4

Methane, iodo-

U119

62-50-0

Methanesulfonic acid, ethyl ester

U211

56-23-5

Methane, tetrachloro-

U153

74-93-1

Methanethiol (I,T)

U225

75-25-2

Methane, tribromo-

U044

67-66-3

Methane, trichloro-

U121

75-69-4

Methane, trichlorofluoro-

U036

57-74-9

4,7-Methano-1H-indene, 1,2,4,5,6,7,8, 8-octachloro-2,3,3a,4,7,7a-hexahydro-

U154

67-56-1

Methanol (I)

U155

91-80-5

Methapyrilene

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen -2-one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

U247

72-43-5

Methoxychlor

U154

67-56-1

Methyl alcohol (I)

U029

74-83-9

Methyl bromide

U186

504-60-9

1-Methylbutadiene (I)

U045

74-87-3

Methyl chloride (I,T)

U156

79-22-1

Methyl chlorocarbonate (I,T)

U226

71-55-6

Methyl chloroform

U157

56-49-5

3-Methylcholanthrene

U158

101-14-4

4,4'-Methylenebis(2-chloroaniline)

U068

74-95-3

Methylene bromide

U080

75-09-2

Methylene chloride

U159

78-93-3

Methyl ethyl ketone (MEK) (I,T)

U160

1338-23-4

Methyl ethyl ketone peroxide (R,T)

U138

74-88-4

Methyl iodide

U161

108-10-1

Methyl isobutyl ketone (I)

U162

80-62-6

Methyl methacrylate (I,T)

U161

108-10-1

4-Methyl-2-pentanone (I)

U164

56-04-2

Methylthiouracil

U010

50-07-7

Mitomycin C

U059

20830-81-3

5,12-Napthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-,(8S-cis)-

U167

134-32-7

1-Naphthalenamine

U168

91-59-8

2-Naphthalenamine

U026

494-03-1

Napthalenamine, N,N'-bis(2-chloroethyl)-

U165

91-20-3

Naphthalene

U047

91-58-7

Naphthalene, 2-chloro-

U166

130-15-4

1,4-Naphthalenedione

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U279

63‑25‑2

1‑Naphthalenol, methylcarbamate

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

beta-Naphthylamine

U217

10102-45-1

Nitric acid, thallium(1+) salt

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U171

79-46-9

2-Nitropropane (I,T)

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U177

684-93-5

N-Nitroso-N-methylurea

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U180

930-55-2

N-Nitrosopyrrolidine

U181

99-55-8

5-Nitro-o-toluidine

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis (2-chloroethyl)tetrahydro-, 2-oxide

U115

75-21-8

Oxirane (I,T)

U126

765-34-4

Oxiranecarboxyaldehyde

U041

106-89-8

Oxirane, (chloromethyl)-

U182

123-63-7

Paraldehyde

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Pentachloroethane

U185

82-68-8

Pentachloronitrobenzene (PCNB)

See F027

87-86-5

Pentachlorophenol

U186

504-60-9

1,3-Pentadiene (I)

U161

108-10-1

Pentanol, 4-methyl-

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U048

95-57-8

Phenol, 2-chloro-

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U081

120-83-2

Phenol, 2,4-dichloro-

U082

87-65-0

Phenol, 2,6-dichloro-

U089

56-53-1

Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U101

105-67-9

Phenol, 2,4-dimethyl-

U052

1319-77-3

Phenol, methyl-

U132

70-30-4

Phenol, 2,2'-methylenebis[3,4,6-trichloro-

U411

114‑26‑1

Phenol, 2‑(1‑methylethoxy)‑, methylcarbamate

U170

100-02-7

Phenol, 4-nitro-

See F027

87-86-5

Phenol, pentachloro-

See F027

58-90-2

Phenol, 2,3,4,6-tetrachloro-

See F027

95-95-4

Phenol, 2,4,5-trichloro-

See F027

88-06-2

Phenol, 2,4,6-trichloro-

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U145

7446-27-7

Phosphoric acid, lead(2+) salt (2:3)

U087

3288-58-2

Phosphorodithioic acid, O,O-diethyl S-methyl ester

U189

1314-80-3

Phosphorous sulfide (R)

U190

85-44-9

Phthalic anhydride

U191

109-06-8

2-Picoline

U179

100-75-4

Piperidine, 1-nitroso-

U192

23950-58-5

Pronamide

U194

107-10-8

1-Propanamine (I,T)

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-

U110

142-84-7

1-Propanamine, N-propyl- (I)

U066

96-12-8

Propane, 1,2-dibromo-3-chloro-

U083

78-87-5

Propane, 1,2-dichloro-

U149

109-77-3

Propanedinitrile

U171

79-46-9

Propane, 2-nitro- (I,T)

U027

108-60-1

Propane, 2,2'-oxybis[2-chloro-

U193

1120-71-4

1,3-Propane sultone

See F027

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1)

U140

78-83-1

1-Propanol, 2-methyl- (I,T)

U002

67-64-1

2-Propanone (I)

U007

79-06-1

2-Propenamide

U084

542-75-6

1-Propene, 1,3-dichloro-

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

U009

107-13-1

2-Propenenitrile

U152

126-98-7

2-Propenenitrile, 2-methyl- (I,T)

U008

79-10-7

2-Propenoic acid (I)

U113

140-88-5

2-Propenoic acid, ethyl ester (I)

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester (I,T)

U373

122‑42‑9

Propham

U411

114‑26‑1

Propoxur

U387

52888-80-9

Prosulfocarb

U194

107-10-8

n-Propylamine (I,T)

U083

78-87-5

Propylene dichloride

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-

U196

110-86-1

Pyridine

U191

109-06-8

Pyridine, 2-methyl-

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl) amino]-

U164

56-04-2

4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo-

U180

930-55-2

Pyrrolidine, 1-nitroso-

U200

50-55-5

Reserpine

U201

108-46-3

Resorcinol

U203

94-59-7

Safrole

U204

7783-00-8

Selenious acid

U204

7783-00-8

Selenium dioxide

U205

7488-56-4

Selenium sulfide

U205

7488-56-4

Selenium sulfide SeS₂ (R,T)

U015

115-02-6

L-Serine, diazoacetate (ester)

See F027

93-72-1

Silvex (2,4,5-TP)

U206

18883-66-4

Streptozotocin

U103

77-78-1

Sulfuric acid, dimethyl ester

U189

1314-80-3

Sulfur phosphide (R)

See F027

93-76-5

2,4,5-T

U207

95-94-3

1,2,4,5-Tetrachlorobenzene

U208

630-20-6

1,1,1,2-Tetrachloroethane

U209

79-34-5

1,1,2,2-Tetrachloroethane

U210

127-18-4

Tetrachloroethylene

See F027

58-90-2

2,3,4,6-Tetrachlorophenol

U213

109-99-9

Tetrahydrofuran (I)

U214

563-68-8

Thallium(I) acetate

U215

6533-73-9

Thallium(I) carbonate

U216

7791-12-0

Thallium(I) chloride

U216

7791-12-0

Thallium chloride TlCl

U217

10102-45-1

Thallium(I) nitrate

U218

62-55-5

Thioacetamide

U410

59669‑26‑0

Thiodicarb

U153

74-93-1

Thiomethanol (I,T)

U244

137-26-8

Thioperoxydicarbonic diamide [(H₂N)C(S)]₂S₂, tetramethyl-

U409

23564‑05‑8

Thiophanate‑methyl

U219

62-56-6

Thiourea

U244

137-26-8

Thiram

U220

108-88-3

Toluene

U221

25376-45-8

Toluenediamine

U223

26471-62-5

Toluene diisocyanate (R,T)

U328

95-53-4

o-Toluidine

U353

106-49-0

p-Toluidine

U222

636-21-5

o-Toluidine hydrochloride

U389

2303‑17‑5

Triallate

U011

61-82-5

1H-1,2,4-Triazol-3-amine

U226

71-55-6

1,1,1-Trichloroethane

U227

79-00-5

1,1,2-Trichloroethane

U228

79-01-6

Trichloroethylene

U121

75-69-4

Trichloromonofluoromethane

See F027

95-95-4

2,4,5-Trichlorophenol

See F027

88-06-2

2,4,6-Trichlorophenol

U404

121‑44‑8

Triethylamine

U234

99-35-4

1,3,5-Trinitrobenzene (R,T)

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-

U235

126-72-7

Tris(2,3-dibromopropyl) phosphate

U236

72-57-1

Trypan blue

U237

66-75-1

Uracil mustard

U176

759-73-9

Urea, N-ethyl-N-nitroso-

U177

684-93-5

Urea, N-methyl-N-nitroso-

U043

75-01-4

Vinyl chloride

U248

¹81-81-2

Warfarin, & salts, when present at concentrations of 0.3% or less

U239

1330-20-7

Xylene (I)

U200

50-55-5

Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta, 20alpha)-

U249

1314-84-7

Zinc phosphide Zn₃P₂, when present at concentrations of 10% or less

(c) In Table 4.3, the superscript number “1” shall indicate that the chemical abstracts number is given for the parent compound only.

(d) New Hampshire-listed toxic wastes shall be as listed in Table 4.4 below:

Table 4.4 New Hampshire Toxic Wastes

NH Hazardous Waste Number

Hazardous Waste

NH12 to NH50

Reserved

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.06 Generic Industrial Process Wastes

(a) EPA-listed generic industrial process wastes shall be as listed in Table 4.5 below:

Table 4.5 EPA Generic Industrial Process Wastes

Industry and EPA

Hazardous Waste

Number

Hazardous Waste

Hazard

Code

Generic:

F001

The following spent halogenated solvents used in degreasing:

Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents:

Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2- trichloroethane; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F003

The following spent non-halogenated solvents:

Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of 10 percent or more, by volume, of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I), subject to (b), below

F004

The following spent non-halogenated solvents:

Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents:

Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I,T)

F006

Wastewater treatment sludges from common and precious metals electroplating, anodizing, chemical etching and milling, bright dipping, electropolishing, electrochemical machining, and cleaning and stripping when associated with these processes, except as follows:

(1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum. Wastewater treatment sludges from chemical conversion coating or electroless plating are not included in the F006 listing.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R,T)

F008

Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process.

(R,T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R,T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R,T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R,T)

F012

Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum. Chemical conversion coating processes are coloring, chromating, phosphating, and immersion plating. The F019 listing does not include wastewater treatment sludges from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Subject to the definitions and requirements of 40 CFR 261.31(b)(4), wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process are not included in the F019 listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are disposed of in: an out-of-state solid waste municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; an out-of-state landfill unit subject to, or otherwise meeting, the landfill requirements in 40 CFR 258.40, 40 CFR 264.301 or 40 CFR 265.301; or a New Hampshire landfill that is permitted to accept the waste under RSA 149-M or is regulated under Env-Hw 707 or Env-Hw 708.

(T)

F020

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. Wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol are not included in the F020 listing.

(H)

F021

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of pentachlorophenol, or of intermediates used to produce its derivatives.

(H)

F022

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hexachlorobenzenes under alkaline conditions.

(H)

F023

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of tri- and tetrachlorophenols. Wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol are not included in the F023 listing.

(H)

F024

Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution. This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in Env-Hw 402.06 and 402.07.

(T)

F025

Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution.

(T)

F026

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hexachlorobenzene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. Formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component are not included in the F027 listing.

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.

(T)

F032

Except as provided in 40 CFR 261.35, wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, except wastewaters that have not come into contact with process contaminants, and except potentially cross-contaminated wastes that either have had the F032 EPA hazardous waste number deleted in accordance with 40 CFR 261.35, or that are otherwise currently regulated as F034 or F035 hazardous wastes, provided the generator does not resume or initiate use of chlorophenolic formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F034

Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations, except wastewaters that have not come into contact with process contaminants. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F035

Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium, except wastewaters that have not come into contact with process contaminants. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F037

Petroleum refinery primary oil/water/solids separation sludge as specified in 40 CFR 261.31(a), (b)(1), (b)(2) and (b)(3)(i).

(T)

F038

Petroleum refinery secondary (emulsified) oil/water/solids separation sludge as specified in 40 CFR 261.31(a), (b)(1), (b)(2) and (b)(3)(ii).

(T)

F039

Leachate resulting from the land disposal of more than one restricted waste classified as hazardous under Env-Hw 400. Leachate resulting from the disposal of one or more of the following EPA hazardous wastes and no other hazardous wastes retains its EPA hazardous waste numbers and is not included in the F039 listing: F020, F021, F022, F026, F027, and/or F028.

(T)

(b) The hazard codes (I, T) shall be used to specify mixtures of F003 with F001, F002, F004, and F005 wastes, which would then contain ignitable and toxic constituents.

(c) New Hampshire-listed generic process wastes shall be as listed in Table 4.6 below:

Table 4.6 New Hampshire Generic Industrial Process Wastes

NH Hazardous Waste Number

Hazardous Waste

Hazard Code

NH01

Used oil, except used oil managed in accordance with Env-Hw 1400.

(T)

NH51 to NH74

Reserved

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 402.07 Specific Industrial Process Wastes

(a) EPA-listed specific industrial process wastes shall be as listed in Table 4.7 below:

Table 4.7 EPA Specific Industrial Process Wastes

Industry and EPA Hazardous Waste Number

Hazardous Waste

Hazard

Code

Wood Preservation:

K001

Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

Inorganic Pigments:

K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

(T)

K003

Wastewater treatment sludge from the production of molybdate orange pigments.

(T)

K004

Wastewater treatment sludge from the production of zinc yellow pigments.

(T)

K005

Wastewater treatment sludge from the production of chrome green pigments.

(T)

K006

Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).

(T)

K007

Wastewater treatment sludge from the production of iron blue pigments.

(T)

K008

Oven residue from the production of chrome oxide green pigments.

(T)

Organic Chemicals:

K009

Distillation bottoms from the production of acetaldehyde from ethylene.

(T)

K010

Distillation side cuts from the production of acetaldehyde from ethylene.

(T)

K011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

(R,T)

K013

Bottom stream from the acetonitrile column in the production of acrylonitrile.

(R,T)

K014

Bottoms from the acetonitrile purification column in the production of acrylonitrile.

(T)

K015

Still bottoms from the distillation of benzyl chloride.

(T)

K016

Heavy ends or distillation residues from the production of carbon tetrachloride.

(T)

K017

Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.

(T)

K018

Heavy ends from the fractionation column in ethyl chloride production.

(T)

K019

Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.

(T)

K020

Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.

(T)

K021

Aqueous spent antimony catalyst waste from fluoromethanes production.

(T)

K022

Distillation bottom tars from the production of phenol/acetone from cumene.

(T)

K023

Distillation light ends from the production of phthalic anhydride from naphthalene.

(T)

K024

Distillation bottoms from the production of phthalic anhydride from naphthalene.

(T)

K025

Distillation bottoms from the production of nitrobenzene by the nitration of benzene.

(T)

K026

Stripping still tails from the production of methyl ethyl pyridines.

(T)

K027

Centrifuge and distillation residues from toluene diisocyanate production.

(R,T)

K028

Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.

(T)

K029

Waste from the product steam stripper in the production of 1,1,1-trichloroethane.

(T)

K030

Column bottoms or heavy ends from the combined production for trichloroethylene and perchloroethylene.

(T)

K083

Distillation bottoms from aniline production.

(T)

K085

Distillation or fractionation column bottoms from the production of chlorobenzenes.

(T)

K093

Distillation light ends from the production of phthalic anhydride from ortho-xylene.

(T)

K094

Distillation bottoms from the production of phthalic anhydride from ortho-xylene.

(T)

K095

Distillation bottoms from the production of 1,1,1-trichloroethane.

(T)

K096

Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane

(T)

K103

Process residues from aniline extraction from the production of aniline.

(T)

K104

Combined wastewater streams generated from nitrobenzene/ aniline production.

(T)

K105

Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes.

(T)

K107

Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(C,T)

K108

Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(I,T)

K109

Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K110

Condensed column overheads from immediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K111

Product washwaters from the production of dinitrotoluene via nitration of toluene.

(C,T)

K112

Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K114

Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K115

Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.

(T)

K117

Wastewater from the reactor vent gas scrubber in production of ethylene dibromide via bromination of ethene.

(T)

K118

Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K136

Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K149

Distillation bottoms from the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups. This waste does not include still bottoms from the distillation of benzyl chloride.

(T)

K150

Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K151

Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K156

Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K157

Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K158

Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K159

Organics from the treatment of thiocarbamate wastes.

(T)

K161

Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. This listing does not include K125 or K126 wastes.

(R,T)

K174

Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer, including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater, unless the sludges meet the conditions specified in 40 CFR 261.32(a).

(T)

K175

Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.

(T)

K181

Nonwastewaters from the production of dyes and/or pigments, including nonwastewaters commingled at the point of generation with nonwastewaters from other processes, that meet the listing description for K181 as provided in 40 CFR 261.32(a) through (d).

(T)

Inorganic Chemicals:

K071

Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.

(T)

K073

Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite.

(T)

K106

Wastewater treatment sludge from the mercury cell process in chlorine production.

(T)

K176

Baghouse filters from the production of antimony oxide, including filters from the production of intermediates such as antimony metal or crude antimony oxide.

(E)

K177

Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates such as antimony metal or crude antimony oxide.

(T)

K178

Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.

(T)

Pesticides:

K031

By-product salts generated in the production of MSMA and cacodylic acid.

(T)

K032

Wastewater treatment sludge from the production of chlordane.

(T)

K033

Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachlorocyclo-pentadiene in the production of chlordane.

(T)

K035

Wastewater treatment sludges generated in the production of creosote.

(T)

K036

Still bottoms from toluene reclamation distillation in the production of disulfoton.

(T)

K037

Wastewater treatment sludges from the production of disulfoton.

(T)

K038

Wastewater from the washing and stripping of phorate production.

(T)

K039

Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.

(T)

K040

Wastewater treatment sludge from the production of phorate.

(T)

K041

Wastewater treatment sludge from the production of toxaphene.

(T)

K042

Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.

(T)

K043

2,6-Dichlorophenol waste from the production of 2,4-D

(T)

K097

Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.

(T)

K098

Untreated process wastewater from the production of toxaphene.

(T)

K099

Untreated wastewater from the production of 2,4-D

(T)

K123

Process wastewater, including supernates, filtrates and washwaters, from the production of ethylenebisdithiocarbamic acid and its salt.

(T)

K124

Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.

(C,T)

K125

Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.

(T)

K126

Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.

(T)

K131

Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.

(C,T)

K132

Spent absorbent and wastewater separator solids from the production of methyl bromide.

(T)

Explosives:

K044

Wastewater treatment sludges from the manufacturing processing of explosives.

(R)

K045

Spent carbon from the treatment of wastewater containing explosives.

(R)

K046

Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.

(T)

K047

Pink/red water from TNT operations.

(R)

Petroleum Refining:

K048

Dissolved air flotation (DAF) float from the petroleum refining industry.

(T)

K049

Slop oil emulsion solids from the petroleum refining industry.

(T)

K050

Heat exchanger bundle cleaning sludge from the petroleum refining industry.

(T)

K051

API separator sludge from the petroleum refining industry.

(T)

K052

Tank bottoms (leaded) from the petroleum refining industry.

(T)

K169

Crude oil storage tank sediment from petroleum refining operations.

(T)

K170

Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations.

(T)

K171

Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.

(I,T)

K172

Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors. This listing does not include inert support media.

(I,T)

Iron and Steel:

K061

Emission control dust/sludge from the primary production of steel in electric furnaces.

(T)

K062

Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC codes 331 and 332).

(C,T)

Primary aluminum:

K088

Spent potliners from primary aluminum reduction.

(T)

Secondary Lead:

K069

Emission control dust/sludge from secondary lead smelting.

(T)

K100

Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.

(T)

Veterinary Pharmaceuticals:

K084

Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K101

Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K102

Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

Ink Formulation:

K086

Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.

(T)

Coking:

K060

Ammonia still lime sludge from coking operations.

(T)

K087

Decanter tank tar sludge from coking operations.

(T)

K141

Process residues from the recovery of coal tar, including but not limited to, collecting sump residues from the production of coke from coal tar or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).

(T)

K142

Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.

(T)

K143

Process residues from the recovery of light oil, including but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.

(T)

K144

Wastewater sump residues from light oil refining, including but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.

(T)

K145

Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.

(T)

K147

Tar storage tank residues from coal tar refining.

(T)

K148

Residues from coal tar distillation, including but not limited to, still bottoms.

(T)

(b) New Hampshire specific industrial process wastes shall be as listed in Table 4.8 below:

Table 4.8 New Hampshire Specific Industrial Process Wastes

NH Hazardous Waste Number

Hazardous Waste

NH75 to NH97

Reserved

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 403 Characteristic Hazardous Wastes

N.H. Code Admin. R. Ann. Env-Hw 403.01 Characteristic Hazardous Wastes

(a) A waste shall be a characteristic hazardous waste if it exhibits any of the characteristics identified in Env-Hw 403.03 through Env-Hw 403.06.

(b) For purposes of Env-Hw 403 and Env-Hw 405.03, a sample of waste obtained using a sampling method appropriate for the waste, as specified in 40 CFR 261 Appendix I, shall be a representative sample as defined in Env-Hw 104.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 403.02 Hazardous Waste Numbers

(a) Characteristic hazardous wastes shall be assigned the EPA hazardous waste numbers and NH hazardous waste number as set forth in Env-Hw 403.03 through Env-Hw 403.06.

(b) Every applicable EPA and NH hazardous waste number assigned to each hazardous waste characteristic shall be used in complying with the notification, labeling, manifest, and recordkeeping and reporting requirements of Env-Hw 500 through Env-Hw 800.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 403.03 Ignitability

(a) A waste that exhibits the characteristic of ignitability shall be assigned the EPA hazardous waste number of D001.

(b) A waste shall be classified under the hazardous waste rules as ignitable if a representative sample of the waste has any of the following properties:

(1) It is a liquid, other than a solution containing less than 24 percent alcohol by volume and at least 50 percent water by weight, that has a flash point less than 60°C (140°F) as determined by using one of the ASTM standard test methods for flash point specified in Env-Hw 401.06(a), (b), (e), and (f), as specified in test methods 1010B or 1020C in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B;

(2) It is not a liquid and is capable, under standard temperatures and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, it burns so vigorously and persistently that it creates a hazard;

(3) It is an ignitable compressed gas as specified in 40 CFR 261.21(a)(3), which includes ASTM standard test method E681-85, available as noted in Appendix B; or

(4) It is an oxidizer as specified in 40 CFR 261.21(a)(4).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 403.04 Corrosivity

(a) A waste that exhibits the characteristic of corrosivity shall be assigned the EPA hazardous waste number of D002 if it meets the criteria set forth in (b)(1) or (2), below, and the NH hazardous waste number of NH02 if it meets the criteria set forth in (b)(3), below.

(b) A waste shall be classified under the hazardous waste rules as corrosive if a representative sample has any of the following properties:

(1) It is aqueous and has a pH of less than or equal to 2, or greater than or equal to 12.5, as determined by a pH meter using method 9040C in EPA publication SW-846, available as noted in Appendix B;

(2) It is a liquid and corrodes steel (SAE 1020) at a rate of greater than 6.35 mm or 0.250 inch per year at a test temperature of 55°C (130°F) as determined by method 1110A in EPA publication SW-846, available as noted in Appendix B; or

(3) It is a non-aqueous waste that when mixed 50% by weight with distilled water, or a gaseous material that when mixed with distilled water to form a 2 molar solution, yields a pH less than or equal to 2 or greater than or equal to 12.5 as measured with a pH meter using the protocol specified in method 9045D of EPA publication SW-846, available as noted in Appendix B.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 403.05 Reactivity

(a) A waste that exhibits the characteristic of reactivity shall be assigned the EPA hazardous waste number of D003.

(b) A waste shall be considered reactive if a representative sample has any of the following properties:

(1) It is unstable and readily undergoes violent change without detonation under standard conditions of temperature and pressure;

(2) It reacts violently with water or air;

(3) It forms potentially explosive mixtures with water or air;

(4) If mixed with water or exposed to air, it generates toxic gases, fumes, or vapors in a quantity sufficient to present a danger to human health or the environment;

(5) It is a cyanide or sulfide-bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, fumes, or vapors in a quantity sufficient to present a danger to human health or the environment;

(6) It is capable of detonation or explosive reaction if it is subjected to an initiating force, or if heated in confinement;

(7) It is capable of detonation or an explosive decomposition or reaction at standard temperature and pressure; or

(8) It is a forbidden explosive as described in 49 CFR 173.54, or a division 1.1, 1.2, or 1.3 explosive as defined in 49 CFR 173.50 and described in 49 CFR 173.53.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14279, eff 8-1-25; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 403.06 Toxicity Characteristic

(a) A waste shall be considered to exhibit the characteristic of toxicity if, using the toxicity characteristic leaching procedure, test method 1311 in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, the extract from a representative sample of the waste contains any of the contaminants listed in (d), below, at a concentration equal to or greater than the respective value in that table.

(b) Where the waste contains less than 0.5 percent filterable solids, the waste, by itself, after filtering, shall be considered to be the extract.

(c) A waste that exhibits the characteristic of toxicity shall be assigned the EPA hazardous waste numbers specified in (d), below, which correspond to the toxic contaminants causing it to be hazardous.

(d) Contaminants, EPA hazardous waste numbers, and maximum allowable concentrations shall be as listed in Table 4.9 below:

Table 4.9 Maximum Concentration of Contaminants for the Toxicity Characteristic

EPA Hazardous Waste Number

Contaminant

Chemical Abstract Number

Regulatory Level (milligrams per liter)

D004

Arsenic

7440-38-2

5.0

D005

Barium

7440-39-3

100.0

D018

Benzene

71-43-2

0.5

D006

Cadmium

7440-43-9

1.0

D019

Carbon tetrachloride

56-23-5

0.5

D020

Chlordane

57-74-9

0.03

D021

Chlorobenzene

108-90-7

100.0

D022

Chloroform

67-66-3

6.0

D007

Chromium

7440-47-3

5.0

D023

o-Cresol

95-48-7

200.0

D024

m-Cresol

108-39-4

200.0

D025

p-Cresol

106-44-5

200.0

D026

Cresol

............

200.0

D016

2,4-D

94-75-7

10.0

D027

1,4-Dichlorobenzene

106-46-7

7.5

D028

1,2-Dichloroethane

107-06-2

0.5

D029

1,1-Dichloroethylene

75-35-4

0.7

D030

2,4-Dinitrotoluene

121-14-2

0.13

D012

Endrin

72-20-8

0.02

D031

Heptachlor (and its epoxide)

76-44-8

0.008

D032

Hexachlorobenzene

118-74-1

0.13

D033

Hexachlorobutadiene

87-68-3

0.5

D034

Hexachloroethane

67-72-1

3.0

D008

Lead

7439-92-1

5.0

D013

Lindane

58-89-9

0.4

D009

Mercury

7439-97-6

0.2

D014

Methoxychlor

72-43-5

10.0

D035

Methyl ethyl ketone

78-93-3

200.0

D036

Nitrobenzene

98-95-3

2.0

D037

Pentachlorophenol

87-86-5

100.0

D038

Pyridine

110-86-1

5.0

D010

Selenium

7782-49-2

1.0

D011

Silver

7440-22-4

5.0

D039

Tetrachloroethylene

127-18-4

0.7

D015

Toxaphene

8001-35-2

0.5

D040

Trichloroethylene

79-01-6

0.5

D041

2,4,5-Trichlorophenol

95-95-4

400.0

D042

2,4,6-Trichlorophenol

88-06-2

2.0

D017

2,4,5-TP (Silvex)

93-72-1

1.0

D043

Vinyl chloride

75-01-4

0.2

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 404 Other Hazardous Wastes

N.H. Code Admin. R. Ann. Env-Hw 404.01 Hazardous Waste Mixtures

Mixing, neutralizing, diluting, or otherwise treating any hazardous waste or other material regulated under Env-Hw 400 shall constitute hazardous waste treatment. Any such treatment shall comply with all permit requirements and facility standards.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 404.02 Spill Residues and Contaminated Soil, Water, and Debris

Any residue or contaminated soil, water, or other debris resulting from the spill or cleanup of a spill into or on any land or water of any hazardous waste or any material listed in Env-Hw 402 shall be regulated as a hazardous waste mixture in accordance with Env-Hw 401.01(b)(2).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 404.03 Treatment, Storage, or Disposal Residues

(a) All waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate, including precipitation run-off that exhibits a hazardous characteristic, shall be regulated as a hazardous waste except as provided by Env-Hw 401.03(b)(16), Env-Hw 401.03(b)(28) - (b)(32), or Env-Hw 401.03(f).

(b) Materials that are reclaimed from wastes and that are used beneficially shall not be wastes and so shall not be considered hazardous wastes unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 404.04 Hazardous Waste Residues in Empty Containers

(a) Hazardous waste residue remaining in either an empty container or an inner liner removed from an empty container, as described in Env-Hw 401.03(d), shall not be subject to regulation under the hazardous waste rules, provided that the residue is not mixed with any other material and remains in its original container or inner liner.

(b) Any hazardous waste residue or mixture of residue with other material that leaves the confines of a container after the container has been determined to be empty in accordance with Env-Hw 401.03(d), including wash waters, solvents, and other materials generated in the process of cleaning and purging, shall be subject to regulation under Env-Hw 401.01(b) as a hazardous waste mixture.

History

• #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 405 Listing and Identifying Additional Hazardous Wastes

N.H. Code Admin. R. Ann. Env-Hw 405.01 Procedure for Listing New Hampshire-Listed Wastes

(a) The department shall list a waste as a New Hampshire-listed hazardous waste in Env-Hw 402.04 or Env-Hw 402.05 if the department determines, on its own initiative or based on a showing by the public or industry, that the waste meets the criteria set forth in Env-Hw 405.02.

(b) If the department determines that a waste should be listed, the department shall undertake a rulemaking as specified in RSA 541-A to modify the appropriate rule in this chapter.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 405.02 Criteria for Listing a Hazardous Waste

(a) The department shall list a waste as a New Hampshire acutely hazardous waste in Env-Hw 402.04(d) only upon determining that the waste meets one of the following criteria:

(1) It has been found to be fatal to humans in low doses;

(2) In the absence of data on human toxicity, it has been shown in studies to have:

a. An oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram;

b. An inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter; or

c. A dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram; or

(3) Is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness.

(b) The department shall list a waste as a New Hampshire toxic hazardous waste in Env-Hw 402.05(d) if the waste contains any of the toxic constituents listed in 40 CFR 261 Appendix VIII and, after considering the following factors, the department concludes that the waste could pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

(1) The nature of the toxicity presented by the constituent;

(2) The concentration of the constituent in the waste;

(3) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in (b)(7), below;

(4) The persistence of the constituent or any toxic degradation product of the constituent;

(5) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation;

(6) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;

(7) The plausible types of improper management to which the waste could be subjected;

(8) The quantities of the waste generated at individual generation sites or on a regional or national basis;

(9) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;

(10) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and

(11) Such other factors relevant to the determination as brought to the department's attention by any person or agency.

(c) The department shall list classes or types of waste as hazardous waste if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in RSA 147-A:2, VII.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 405.03 Criteria for Identifying Characteristic Wastes

The department shall identify and define a characteristic of hazardous waste only upon determining that:

(a) A waste that exhibits the characteristic might:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of, or otherwise managed; and

(b) The characteristic can be:

(1) Measured by an available standardized test method that is within the capability of generators of waste or private sector laboratories that are available to serve generators of waste; or

(2) Detected by generators of waste through their knowledge of their waste.

History

• #5886, eff 8-26-95; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 406 Delisting Hazardous Wastes

N.H. Code Admin. R. Ann. Env-Hw 406.01 Requests for Delisting

(a) Any person may petition the department to delist a hazardous waste generated at a particular facility if:

(1) The waste is listed in Env-Hw 402.04(d), Env-Hw 402.05(d), Env-Hw 402.06(c), or Env-Hw 402.07(b); or

(2) The waste is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a), and EPA has excluded the waste generated at the facility pursuant to 40 CFR 260.20 and 40 CFR 260.22 and listed it in 40 CFR 261 Appendix IX.

(b) A delisting petition shall only apply to a hazardous waste generated at the individual facility named in the petition.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.02 Requirements for a Delisting Petition

(a) To request a delisting, the petitioner shall provide the following information to the department:

(1) The petitioner's name and address;

(2) The location of the facility generating the waste for which the delisting is requested, along with a plot plan identifying the facility and surrounding properties located within 1,000 feet of the facility;

(3) A statement of the delisting action requested;

(4) A statement of the petitioner's interest in the delisting action requested;

(5) A statement of the petitioner's need and justification for the delisting action requested;

(6) A description of the waste for which the delisting is requested including a statement as to which category of waste in Env-Hw 402.01 it may be classified;

(7) An estimate of the average and the maximum quantities of the waste for which the delisting is requested generated monthly and annually;

(8) A description and flow diagram of the process generating the waste for which delisting is requested;

(9) A list, description, and schematic diagram for each process that might contribute waste, wastewater, or rinse water to the waste for which delisting is requested;

(10) A complete list of all raw materials, and, where known, intermediates, by-products, and products used in the manufacturing process grouped by sub-process;

(11) Copies of manufacturer's material safety data sheets and supplier's technical specification sheets for all materials including but not limited to solvents, acid cleaners, surface preparation agents, and paints used in the petitioner's manufacturing processes;

(12) An assessment of whether the manufacturing processes, facility operations, or feed materials can or might produce a waste that is not covered by the petition;

(13) A description of all tests performed on the waste for which delisting is requested and copies of all analytical results;

(14) A description of the methodologies and equipment used to obtain representative samples of the waste;

(15) A description of sample handling and preparation techniques, including those for extraction, containerization, and preservation of samples;

(16) Sampling and testing dates;

(17) The name and address of laboratory facilities sampling or testing the wastes for which delisting is requested;

(18) The names and qualifications of those doing the sampling or testing of the waste for which delisting is requested;

(19) The names, model numbers, year of manufacture, and last date of calibration of all instruments used in performing the tests referred to in (a)(13), above; and

(20) A plan for treatment, storage, or disposal of the delisted waste if delisting of the waste is to be permitted by the department.

(b) The petitioner shall:

(1) Collect a sufficient number of representative samples, but in no case fewer than 4, over a period of time sufficient to represent the variability and the uniformity of the waste;

(2) Provide a signed statement certifying both pursuant to Env-Hw 207 and that the number of samples collected and analyzed is representative of any variation in constituent concentrations in the waste over time; and

(3) A statement, signed by the generator of the waste or the generator’s authorized representative, certifying that the information submitted pursuant to (a), above, is truthful, complete, and not misleading, in accordance with Env-Hw 207.

(c) If hazardous waste constituents listed in Table 4.9 of Env-Hw 403, other than those for which delisting is requested, might be present in the waste stream, the petitioner shall:

(1) Analyze the representative samples of the waste stream to quantify all hazardous waste constituents in the waste stream; and

(2) Submit a description and the results of all analyses performed to the department.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.03 Review of Petition for Delisting

(a) Subject to Env-Hw 406.04 through Env-Hw 406.07, below, the department shall grant a delisting if:

(1) The petition includes all of the information in Env-Hw 406.02;

(2) The requirements in (b), below, are met; and

(3) None of the circumstances in (c), below, exist.

(b) To support a delisting, the petition shall demonstrate the following:

(1) The waste produced by a particular generating facility fails to meet any of the criteria under which the waste was listed as a hazardous waste;

(2) Based on the factors set forth in 40 CFR 261.11(a)(3), the waste is not capable of posing a significant present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise mismanaged;

(3) The waste for which delisting is requested is not ignitable, corrosive, reactive, or toxic, as described in Env-Hw 403;

(4) The waste does not contain any of the hazardous waste constituents listed in Appendix VIII of 40 CFR 261, using the appropriate test methods prescribed in 40 CFR 261 Appendix I, or although containing one or more of the constituents in Appendix VII or Appendix VIII, that the waste does not meet the criteria of Env-Hw 405.02(b);

(5) The waste does not meet the criteria of 40 CFR 261.11(a)(2); and

(6) All test methods and procedures are in conformance with the procedures, methods, and requirements referenced in Env-Hw 406.02(b) and (c) and in 40 CFR 260.11 and 40 CFR Part 261, or with any other method approved by EPA prior to filing a petition for delisting.

(c) The department shall not grant a delisting if:

(1) A 40 CFR Part 261 Appendix VIII toxicant is:

a. Used as a raw material or intermediate;

b. Used in the process as a catalyst, reactant, inhibitor, binder, or enhancer; or

c. Produced as a by-product or product;

(2) Analytical data presented in the petition discloses that hazardous levels of toxicants are contained in the waste;

(3) Process chemistry of reactions conducted at the facility indicates the formation of toxic by-product contaminants;

(4) Industry study data shows presence of other toxic constituents;

(5) Other data collected through review of scientific, toxicological, and industrial literature or operational data collected by the department during an inspection indicates the presence of additional hazardous constituents;

(6) The petitioner has a history of non-compliance; or

(7) Other information brought to the department’s attention by any person or agency demonstrates that delisting would not be sufficiently protective of human health, safety, or the environment.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.04 Requests for Additional Information

(a) If the department determines that the information required by Env-Hw 406.02 has been submitted but is insufficient for the department to determine whether the criteria in Env-Hw 406.03(b) have been met, the department shall notify the petitioner in writing of the additional information, including laboratory analytical data from representative samples of the waste, believed by the department to be necessary to evaluate the petition.

(b) The notice shall specify the information needed and the deadline for submitting the information, as determined based on the type and volume of information.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.05 Denial of Petition for Delisting

The department shall deny a petition if:

(a) The department determines that the requirements in Env-Hw 406.03(a) and (b) are not met;

(b) The department determines that any of the circumstances in Env-Hw 406.03(c) exist; or

(c) The petitioner fails to provide additional information requested by the department pursuant to Env-Hw 406.04.

History

• #12346, eff 8-14-17; ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.06 Conditional Delisting

(a) The department shall grant a delisting with such conditions as are necessary to ensure that the requirements of Env-Hw 406.03 are met.

(b) Conditions shall be based on the need for the petitioner to demonstrate periodically that the delisted waste is being managed in such a way that it does not pose a present or potential threat to human health or the environment including:

(1) Scheduled analytical testing on the delisted waste and reporting results;

(2) Quality assurance/quality control monitoring of the processes producing the delisted waste and reporting results; and

(3) For disposed wastes, design standards such as groundwater monitoring.

History

• #12346, eff 8-14-17 (formerly Env-Hw 406.03); ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 406.07 Partial Delisting

The department shall delist only part of the hazardous waste for which the petition is submitted if variability of the waste justifies this action.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 400

RSA 147-A:3, I, II, IV, and VI

40 CFR 261

Appendix B: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-Hw 401.02(e)(1);

Env-Hw 401.04;

Env-Hw 401.06(c);

Env-Hw 403.03(b)(1);

Env-Hw 403.04(b)(1);

Env-Hw 403.04(b)(2);

Env-Hw 403.04(b)(3);

Env-Hw 403.06(a)

EPA publication “SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, Third Edition, as amended through Update VII dated July 30, 2021

National Technical Information Service (NTIS)

5285 Port Royal Road

Springfield, VA 22161

(800) 553-NTIS [(800)-553-6847]

Free online at:

https://www.epa.gov/hw-sw846/sw-846-compendium

Env-Hw 401.06(a);

Env-Hw 403.03(b)(1)

“Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester,” ASTM D3278-78

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

View and read online by setting up a free account at:

https://www.astm.org/products-services/reading-room.html

Env-Hw 401.06(b);

Env-Hw 403.03(b)(1)

“Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester,” ASTM D93-79 or D93-80

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

View and read online by setting up a free account at:

https://www.astm.org/products-services/reading-room.html

Env-Hw 401.06(d)(1)

“Method 1664, Revision A, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry,” EPA Publication EPA–821–R–98–002, February 1999

National Technical Information Service (NTIS)

5285 Port Royal Rd

Springfield, VA 22161

(800) 553-NTIS [(800) 553-6847]

Free online at:

https://www.epa.gov/sites/default/files/2015-08/documents/method_1664a_1999.pdf

Env-Hw 401.06(d)(2)

“Method 1664, Revision B, n-Hexane Extractable Material (HEM; Oil and Grease) and Silica Gel Treated n-Hexane Extractable Material (SGT-HEM; Non-polar Material) by Extraction and Gravimetry,” EPA Publication EPA–821–R–10–001, February 2010

National Technical Information Service (NTIS)

5285 Port Royal Rd

Springfield, VA 22161

(800) 553-NTIS [(800) 553-6847]

Free online at:

https://www.epa.gov/sites/default/files/2015-08/documents/method_1664b_2010.pdf

Env-Hw 401.06(e)

Env-Hw 403.03(b)(1)

“Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Small Scale Closed Cup Tester,” ASTM D8174-18

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

View and read online by setting up a free account at:

https://www.astm.org/products-services/reading-room.html

Or purchase at:

https://www.astm.org/d8174-18.html

$80

Env-Hw 401.06(f)

Env-Hw 403.03(b)(1)

“Standard Test Method for Finite Flash Point Determination of Liquid Wastes by Pensky-Martens Closed Cup Tester,” ASTM D8175-18

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

View and read online by setting up a free account at:

https://www.astm.org/products-services/reading-room.html

Or purchase at:

https://www.astm.org/d8175-18.html

$80

Env-Hw 401.06(g)

Env-Hw 403.03(b)(3)

“Standard Test Method for Concentration Limits of Flammability of Chemicals (Vapors and Gases),” ASTM E681-85

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

View and read online by setting up a free account at:

https://www.astm.org/products-services/reading-room.html

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. “Trade secret” means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it. XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. “Used oil” means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #12346, eff 8-14-17 (formerly Env-Hw 406.04); ss by #14524, eff 2-28-26, EXPIRES: 2-28-36

Chapter Env-Hw 500 Requirements for Hazardous Waste Generators

Part Env-Hw 506 Environmental and Health Requirements

N.H. Code Admin. R. Ann. Env-Hw 506.01 Requirements for Hazardous Waste Generators

Hazard Minimization

N.H. Code Admin. R. Ann. Env-Hw 506.02 Requirements for Hazardous Waste Generators

Soil or Groundwater Contamination; Disposal of Hazardous Waste and Contaminated Materials Due to Closure or Cessation of Operations

N.H. Code Admin. R. Ann. Env-Hw 506.03 Requirements for Hazardous Waste Generators

Management of Wastes Upon Cessation of Operations

N.H. Code Admin. R. Ann. Env-Hw 507.01 Requirements for Hazardous Waste Generators

Accumulation Requirements

N.H. Code Admin. R. Ann. Env-Hw 507.03 Requirements for Hazardous Waste Generators

Accumulation Time

N.H. Code Admin. R. Ann. Env-Hw 509.05 Requirements for Hazardous Waste Generators

Land Disposal Restrictions

N.H. Code Admin. R. Ann. Env-Hw 514.04 Requirements for Hazardous Waste Generators

Self-Certification Form: SQG Identification and Description

The filings affecting the former rules in Part Env-Hw 506 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7207-B, eff 2-26-00

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17

The filings affecting the former Env-Hw 507.01 included the following documents:

#12347, eff 8-14-17

#13406, eff 7-23-22

The filings affecting the former Env-Hw 507.03 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#7578, eff 10-13-01

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17 (formerly Env-Hw 507.02)

#12922, eff 11-23-19

#13406, eff 7-23-22

The filings affecting the former Env-Hw 509.05 included the following document:

#12347, eff 8-14-17

The filings affecting the former Env-Hw 514.04 included the following documents:

#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

#8415, eff 8-19-05

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17

Part Env-Hw 501 Scope and Applicability; Exemptions; Definitions

N.H. Code Admin. R. Ann. Env-Hw 501.01 Scope and Applicability

(a) Except as specified in Env-Hw 501.02, this chapter shall apply to any person who generates hazardous waste, including:

(1) The owner or operator of any permitted facility that initiates a shipment of hazardous waste or waste residues;

(2) Any person who imports hazardous waste into the United States; and

(3) Any person who generates or accumulates any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any hazardous waste, as identified in Env-Hw 404.

(b) A person who generates a hazardous waste shall be subject to all independent requirements listed in Env-Hw 508.01(a) and Env-Hw 509.01(a), as applicable.

(c) A generator that accumulates hazardous waste onsite shall be a person who stores hazardous waste and shall be subject to the applicable hazardous waste storage facility requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless it is:

(1) A very small quantity generator that meets the conditions for exemption in Env-Hw 508.01(b); or

(2) A small or large quantity generator that meets the conditions for exemption in Env-Hw 509.01(b).

(d) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility or not otherwise authorized to receive the generator’s hazardous waste.

(e) Any person who exports or imports hazardous waste shall:

(1) Notify the department as required in Env-Hw 504; and

(2) Comply with Env-Hw 510.06.

(f) Enforcement of this chapter shall be as specified in 40 CFR 262.10(g), amended as follows:

(1) Add after each instance of “section 3008 of RCRA” the following words: “, RSA 147-A:13, RSA 147-A:14, RSA 147-A:16, RSA 147-A:16-a, RSA 147-A:16-b, RSA 147-A:17, RSA 147-A:17-a, and Env-Hw 900;

(2) Replace “40 CFR part 262” with “Env-Hw 500”; and

(3) Replace “40 CFR parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA” with “Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300”.

(g) A healthcare facility that is a small or large quantity generator based on the total amount of hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall manage:

(1) Its hazardous waste pharmaceuticals in accordance with Env-Hw 1300 in lieu of this chapter; and

(2) Its hazardous waste that is not pharmaceutical hazardous waste, if any, in accordance with this chapter.

(h) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall be subject to the sewer prohibition of 40 CFR 266.505, as amended by Env-Hw 1302.02(f), and the empty container provisions of 40 CFR 266.507, as amended by Env-Hw 1302.02(h), and shall manage its hazardous waste pharmaceuticals in compliance with either:

(1) The provisions of 40 CFR 266.501(d), as amended by Env-Hw 1302.02(b)(2); or

(2) The provisions of this chapter, as applicable and subject to (i), below.

(i) A healthcare facility that is a very small quantity generator and chooses to manage its hazardous waste pharmaceuticals under (h)(2), above, may comply with the optional provisions of 40 CFR 266.504, as amended by Env-Hw 1302.02(e).

(j) Except as otherwise specified in Env-Hw 1400, this chapter shall not apply to the management of used oil by a used oil handler subject to Env-Hw 1400.

(k) With respect to household hazardous waste collected or accumulated at a household hazardous waste collection project, as specified in Env-Hw 401.03(b)(2), or by curbside collection, the owner, operator, or person so designated in a contractual agreement shall be the generator. Unacceptable wastes shall either be returned to the household that generated them or held by the operator until the generating household can make alternative disposal arrangements.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 501.02 Exemptions

(a) Farmers who dispose of hazardous waste pesticides from their own use shall be exempt from this chapter provided they triple rinse each emptied pesticide container in accordance with Env-Hw 401.03(d)(3) and dispose of the pesticide residues on their own farm in a manner consistent with the disposal instructions on the pesticide label.

(b) A generator of household hazardous waste, as specified in Env-Hw 501.01(k), shall comply with the independent requirements and conditions for exemption applicable to its generator category, except as follows:

(1) The packaging, manifest, and delivery requirements of Env-Hw 507.03(a), Env-Hw 510, and Env-Hw 511, respectively, shall not apply to government entities transporting household hazardous wastes to a household hazardous waste collection project, a permitted transfer facility, or a permitted treatment, storage or disposal facility, provided:

a. The government entity has obtained prior approval from the household hazardous waste collection project, transfer facility, or treatment, storage or disposal facility receiving the wastes;

b. The household hazardous wastes being managed have been separated by US DOT hazard class, as specified in 49 CFR 177.848 (b), (c), (d), and (e), prior to transport;

c. The household hazardous wastes being managed have been:

1. Loose-packed or over-packed in containers meeting US DOT specifications for hazardous materials, as defined in 49 CFR 178; or

2. Packaged in strong outer packaging, as defined in 49 CFR 171.8, if the waste is in its original container and less than 8 gallons;

d. The containers or strong outer packaging required by (b)(1)c., above, have been labeled with the following information:

1. US DOT hazard classes as specified in 49 CFR 173.2;

2. Date the waste was collected; and

3. Name of the original government entity that collected the waste;

e. Each container has been sealed and secured for transport in a manner that prevents leakage, spillage, and releases to the environment;

f. The wastes are transported only in a vehicle that is:

1. Owned and registered by a government entity; and

2. Operated by a government entity employee;

g. During transport, the government employee transporting the wastes retains a bill of lading describing the contents of the vehicle;

h. Each individual who transports 55 gallons or more of household hazardous wastes has had a minimum of 24 hours of initial training in function-specific hazardous waste handling, safety, hazard communication, and emergency procedures and 8 hours of annual refresher training; and

i. The receiving facility counts the waste toward its generator status in accordance with Env-Hw 503; and

(2) Env-Hw 507, Env-Hw 508, Env-Hw 509, Env-Hw 511, and Env-Hw 513 shall not apply to transporters while they are collecting only curbside household hazardous wastes.

(c) This chapter shall not apply to any person responding to an explosives or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as applicable.

(d) A generator that manages all hazardous waste in accordance with Env-Hw 503.01(b) through (d), and as a result generates no waste that counts toward generator classification, shall not be subject to the requirements in Env-Hw 500 except those specified in Env-Hw 501, Env-Hw 502, and Env-Hw 503.01.

(e) Except as otherwise specified in Env-Hw 1300, this chapter shall not apply to a reverse distributor that complies with Env-Hw 1300 for the management of hazardous waste pharmaceuticals.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 501.03 Definitions

For purposes of this chapter, the following definitions shall apply:

(a) “An indication of the hazards of the contents” means using one or more of the following to describe the contents of a container, tank, or containment building:

(1) The following word(s) as applicable to the hazardous waste characteristic(s) of the waste:

a. “Ignitable”;

b. “Corrosive”;

c. “Reactive”; and

d. “Toxic”;

(2) Hazard communication consistent with US DOT requirements for labeling or placarding at 49 CFR 172 Subpart E or F, respectively;

(3) A hazard statement or pictogram consistent with the United States Occupational Safety and Health Administration hazard communication standard at 29 CFR 1910.1200; or

(4) A chemical hazard label consistent with the National Fire Protection Association Code 704;

(b) “Central accumulation area” means any onsite hazardous waste accumulation area with hazardous waste accumulating in units subject to the requirements of Env-Hw 508.02, Env-Hw 508.03 or Env-Hw 509.02, or any combination thereof;

(c) “Condition for exemption” means any requirement in Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, Env-Hw 513, and Env-Hw 516, that states an event, action, or standard that needs to occur or be met in order to obtain an exemption from any applicable requirement in Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300;

(d) “Control,” for purposes of consolidation by small or large quantity generators of hazardous waste received from very small quantity generators, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors that operate generator facilities on behalf of a different person shall not be deemed to control such generators;

(e) “Episodic event” means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the quantity of hazardous waste generated in excess of the quantity limits for the generator’s usual category;

(f) “Independent requirement” means a requirement of Env-Hw 500 that states an event, action, or standard that needs to occur or be met. Such an independent requirement applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from a standard permit, interim status, and operating requirements under Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, Env-Hw 513, and Env-Hw 516; and

(g) “Satellite accumulation area” means any onsite hazardous waste accumulation area with hazardous waste accumulating in containers subject to the requirements of Env-Hw 509.03.

History

• #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 502 Hazardous Waste Determination

N.H. Code Admin. R. Ann. Env-Hw 502.01 Hazardous Waste Determination

(a) A person who generates a waste shall accurately determine if that waste is a hazardous waste as set forth in Env-Hw 401.01 using the following steps:

(1) The person shall make a hazardous waste determination for each waste:

a. At the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs; and

b. At any time in the course of its management that the waste has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the hazardous waste determination may change;

(2) The person shall determine whether the waste is exempt from regulation under Env-Hw 401.03;

(3) If the waste is not exempt, the person shall determine if the waste is listed as a hazardous waste in Env-Hw 402 by using knowledge of the waste, such as waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information; and

(4) If the waste is not exempt, the person shall also determine whether the waste is a characteristic hazardous waste identified in Env-Hw 403 or is a hazardous waste mixture or other material regulated under Env-Hw 401.01 or Env-Hw 404, by using one or both of the following procedures:

a. Testing a representative sample of the waste according to the hazardous waste determination methods set forth in Env-Hw 401.04 and Env-Hw 403; or

b. Applying knowledge of the hazardous nature or properties of the waste based on the materials or processes used to generate the waste, knowledge which may include:

1. Information about chemical feedstocks and other inputs to the production process;

2. Information about products, by-products, and intermediates produced by the manufacturing process;

3. Chemical or physical characterization of wastes;

4. Information on the chemical or physical properties of the chemicals used or produced by the process or otherwise contained in the waste;

5. Subject to (b), below, testing that illustrates the properties of the waste; and

6. Other reliable and relevant information about the properties of the waste or its constituents.

(b) A test, other than a test method set forth in Env-Hw 401.04 and Env-Hw 403, may be used by a person as part of their knowledge of the waste but shall not, by itself, be used to determine whether a waste exhibits a characteristic of hazardous waste.

(c) If a waste is determined to be a hazardous waste, the generator shall refer to Env-Hw 400, Env-Hw 700, Env-Hw 800, and Env-Hw 1100 through Env-Hw 1300 for other possible exemptions or restrictions pertaining to management of the specific waste.

(d) The generator shall maintain records supporting its waste determinations as described in (a), above, which shall include but not be limited to the following:

(1) The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section;

(2) Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;

(3) Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and

(4) Records that explain the knowledge basis for the generator’s determination, as described (a)(3) and (a)(4)b., above.

(e) If a waste is determined to be hazardous waste, the generator shall identify all applicable EPA and NH hazardous waste numbers in Env-Hw 400 that apply to the waste.

(f) The generator shall maintain documentation of waste determinations as specified in Env-Hw 512.01.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 503 Generator Category Determination

N.H. Code Admin. R. Ann. Env-Hw 503.01 Generator Category Determination and

Calculation.

(a) A generator shall determine its generator category in accordance with this part.

(b) In determining the quantity of hazardous waste generated, a generator may exclude:

(1) Hazardous waste that is exempt from the hazardous waste rules pursuant to Env-Hw 401.03;

(2) Subject to (c), below, hazardous waste that is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in Env-Hw 103 or Env-Hw 104, as applicable;

(3) Subject to (d), below, hazardous waste that is recycled onsite by a process regulated under Env-Hw 804.01(b)(4), without prior storage or accumulation;

(4) Used oil, as defined in Env-Hw 104, that is managed in accordance with Env-Hw 1400;

(5) Spent lead acid batteries managed in accordance with Env-Hw 809 or Env-Hw 1100;

(6) Hazardous waste when it is removed from onsite accumulation, so long as the hazardous waste was counted once;

(7) Hazardous waste produced by onsite treatment, including reclamation, of a hazardous waste, so long as the hazardous waste that is treated was counted once;

(8) Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once;

(9) Universal waste managed in accordance with Env-Hw 1100;

(10) The weight of a container or inner liner from a container of hazardous waste, including a container or inner liner that is not deemed empty as specified in Env-Hw 401.03(d), provided that:

a. The weight of the hazardous waste, including any residue remaining in a non-empty container or inner liner, is counted; and

b. The non-empty container and inner liner are managed as hazardous waste;

(11) A hazardous waste pharmaceutical that is:

a. Subject to or managed in accordance with Env-Hw 1300; or

b. Regulated as a United States Drug Enforcement Administration controlled substance and is conditionally exempt pursuant to 40 CFR 266.506, as amended by Env-Hw 1302.02(g); and

(12) Hazardous waste that is managed as part of an episodic event in compliance with the conditions of Env-Hw 516.

(c) For purposes of (b)(2), above, “managed immediately upon generation” means that treatment begins within 24 hours after the hazardous waste is generated and:

(1) Treatment is conducted in the tank, tank system, or container in which the hazardous waste was generated;

(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the treatment unit without intermediate accumulation of the hazardous waste; or

(3) The hazardous waste is transferred directly from the container in which it was generated into the treatment unit without intermediate accumulation of the hazardous waste.

(d) For purposes of (b)(3), above, “without prior storage or accumulation” means that the recycling process begins within 24 hours after the hazardous waste is generated and:

(1) The recycling process is conducted in the tank, tank system, or container in which the hazardous waste was generated;

(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the recycling unit without intermediate accumulation of the hazardous waste; or

(3) The hazardous waste is transferred directly from the container in which it was generated into the recycling unit without intermediate accumulation of the hazardous waste.

(e) Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027, listed in Env-Hw 402.06, shall be counted as acutely hazardous wastes when calculating generator classification.

(f) A generator shall comply with the requirements for the applicable generator category as determined in accordance with (a) through (e), above.

(g) If a generator mixes hazardous waste with non-hazardous waste:

(1) The following provisions shall determine if the resulting mixture is a hazardous waste:

a. Env-Hw 404.01, regarding mixing, neutralizing, diluting, or otherwise treating hazardous waste;

b. Env-Hw 401.01(b)(2), (b)(3), and (c)(2), Env-Hw 401.03(f)(2) and (f)(3), and Env-Hw 404.02, regarding the applicability of hazardous waste characteristics and listings to the mixture;

c. 40 CFR 268.3(a), as incorporated and amended by Env-Hw 1202, regarding the prohibition on dilution of hazardous waste;

d. 40 CFR 268.40, as incorporated and amended by Env-Hw 1202, regarding land disposal restrictions; and

e. Env-Hw 502.01, regarding hazardous waste determinations; and

(2) Any mixture determined to be a hazardous waste shall be a newly generated hazardous waste, the total quantity of which shall be counted along with other hazardous waste generated and accumulated onsite when determining the generator’s category pursuant to this part.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.03)

N.H. Code Admin. R. Ann. Env-Hw 503.02 Very Small Quantity Generators

A very small quantity generator shall be a generator that:

(a) Generates, in a calendar month, less than or equal to:

(1) One hundred kilograms or 220 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; and

(b) Accumulates at all times:

(1) Less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.01)

N.H. Code Admin. R. Ann. Env-Hw 503.03 Small Quantity Generators

A small quantity generator shall be a generator that:

(a) Generates, in a calendar month:

(1) Greater than 100 kilograms or 220 pounds and less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; and

(b) Accumulates at all times less than or equal to:

(1) Six thousand kilograms or 13,200 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 503.04 Large Quantity Generators

A large quantity generator shall be a generator that:

(a) Generates, in a calendar month:

(1) Equal to or greater than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Greater than one kilogram or 2.2 pounds of acutely hazardous waste; or

(3) Greater than 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; or

(b) Accumulates, at any time:

(1) Greater than 6,000 kilograms or 13,200 pounds of non-acutely hazardous waste;

(2) Greater than one kilogram or 2.2 pounds of acutely hazardous waste; or

(3) Greater than 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.02)

Part Env-Hw 504 Notification; Epa Identification Number

N.H. Code Admin. R. Ann. Env-Hw 504.01 EPA Identification Number Required

(a) A generator shall not generate, treat, store, dispose, transport, or offer a hazardous waste for transportation without an EPA identification number.

(b) Except as specified in Env-Hw 504.02(d), an EPA identification number assigned to a generator shall be valid only at the specific site for which the number was assigned.

(c) A recognized trader shall not arrange for import or export of hazardous waste without an EPA identification number.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 504.02 Notification Requirements for an EPA Identification Number

(a) Except as otherwise provided in Env-Hw 504.04, Env-Hw 505.01(a), Env-Hw 505.02, Env-Hw 505.04, or (d), below, a generator shall notify the department of its hazardous waste activities by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) Such notification and certification shall serve as an application for an EPA identification number.

(c) A generator shall submit a separate notification for each site where activities regulated by the hazardous waste rules are conducted.

(d) A transporter that becomes a generator as specified in Env-Hw 501.01(k), by collecting curbside household hazardous waste, shall obtain an EPA identification number that is non-site specific by submitting to the department at least 30 days prior to the collection, the following information:

(1) Generator name;

(2) Generator mailing address;

(3) The name, title, telephone number, and, if available, email address of a contact person;

(4) A description of the regulated activity;

(5) A description of the area(s) to be serviced;

(6) The start date and expected completion date of the collection; and

(7) The waste handling instructions provided by the generator to the household specifying how the household should handle its waste prior to acceptance by the generator.

(e) The following shall constitute a change in ownership of the generator and so requires the generator to file a new initial notification:

(1) For a partnership, a change in 50% or more of general partners;

(2) For a corporation, a transfer of all corporate assets or of a majority of voting shares to a new individual or entity;

(3) For other organizations, a transfer of the control of the organization to a new individual or entity; and

(4) For an individual, transfer of control to another individual or entity.

(f) Each initial notification of hazardous waste activity filed by a new generator shall be accompanied by the non-refundable fee of $150 established by RSA 147-A:6-a, I.

(g) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – RIMS

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – RIMS

29 Hazen Dr

Concord, NH 03301

(h) Pursuant to RSA 147-A:6-a, II, political subdivisions of the state shall be exempt from paying the fee in (f), above.

(i) A recognized trader shall provide the notification required by Env-Hw 504.01(c) in accordance with (a), above.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 504.03 Notification Determination for an EPA Identification Number

(a) If the generator has not provided all of the information required by Env-Hw 504.02(a) or (d), as applicable, and the fee required by Env-Hw 504.02(f), the department shall notify the generator in writing of each deficiency.

(b) If the generator does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the generator shall submit a new notification prior to engaging in any activities regulated by the hazardous waste rules.

(c) If a notification is complete in that it includes all information required by Env-Hw 504.02(a) or (d), as applicable, and the fee required by Env-Hw 504.02(f), the department shall assign an EPA identification number.

(d) An EPA identification number shall remain valid until the department receives a request from the generator to:

(1) Inactivate the number, as specified in Env-Hw 505.02; or

(2) Declassify the number, as specified in Env-Hw 505.04.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 504.04 Notification Requirements for a Temporary EPA Identification Number

(a) A generator of hazardous waste that is required to manifest hazardous waste due to a one-time, non-recurrent, temporary activity that is not related to normal production processes shall obtain a temporary EPA identification number.

(b) An activity eligible for a temporary EPA identification number shall include, but not be limited to, removal of:

(1) Off-specification materials from a site that normally does not otherwise generate hazardous waste;

(2) Underground storage tanks; and

(3) Contaminated soil due to a spill at a site that normally does not otherwise generate hazardous waste.

(c) A generator shall request a temporary EPA identification number by providing to the department, orally or in writing, the following information:

(1) Site’s legal name and mailing address;

(2) Street address where the waste is being generated;

(3) Contact person, title, telephone number, and if available, email address; and

(4) Waste description, all applicable EPA and NH hazardous waste numbers, and estimated amount to be transported.

(d) The department shall assign a temporary EPA identification number if the activity meets the provisions specified in (a) and (b), above, and the generator provides all of the information specified in (c), above.

(e) A temporary EPA identification number shall be valid for no longer than 30 days unless the generator has requested and the department has granted an extension of the 30-day period, as follows:

(1) A generator that wishes to obtain an extension of the time allowed for onsite accumulation of hazardous waste shall submit a written request for an extension that explains the circumstances warranting such an extension;

(2) The department shall grant the requested extension if the generator demonstrates that the waste cannot be removed within 30 days due to temporary, unforeseen, or uncontrollable circumstances.

(f) While hazardous waste activities are occurring at a site that is eligible for a temporary EPA identification number, the generator shall comply with the independent requirements and conditions for exemption applicable to its generator category, except for Env-Hw 509.04 and Env-Hw 514, as applicable.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 505.03); ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 505 Subsequent Notification; Re-Notification; Inactivation; Reactivation; Notification of Closure; Declassification

N.H. Code Admin. R. Ann. Env-Hw 505.01 Subsequent Notification; Re-Notification

REVISION NOTE:

Document #12347, effective 8-14-17, adopted, readopted, or readopted with amendments all of the rules in Chapter Env-Hw 500. Document #12347 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 500.

Document #12347 made extensive changes to the existing rules in the former Part Env-Hw 505, including the readoption with amendments and renumbering of the former Env-Hw 505.03 titled “Emergency and Temporary Identification Numbers” as Env-Hw 504.04 titled “Notification Requirements for a Temporary EPA Identification Number.”

The filings for the former rules in Env-Hw 505 prior to Document #12347 include the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#7578, eff 10-13-01

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See Revision Note #1 at the chapter heading for Env-Hw 500 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 500 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12347, effective 8-14-17.

(a) A generator shall notify the department orally or in writing of any changes to one or more of the following pieces of information provided pursuant to Env-Hw 504.02(a), within 30 days of the effective date of any change:

(1) Site’s legal name;

(2) Mailing address;

(3) Name, title, telephone number, and, if available, email address of a contact person;

(4) Type and description of regulated activity;

(5) Generator category, determined in accordance with Env-Hw 503; and

(6) For each waste stream, a narrative description, estimated quantity of hazardous waste generated per month, and all applicable EPA and NH hazardous waste numbers.

(b) A generator shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required in Env-Hw 504.02(a) other than those specified in (a), above, within 30 days of the effective date of any change.

(c) A small quantity generator shall re-notify the department, starting in 2025 and every 4 years thereafter, by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, by September 1 of each year in which re-notifications are required.

(d) Submittal of Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, by a small quantity generator to notify the department of changes to notification information pursuant to (a) or (b), above, shall satisfy the re-notification requirement in (c), above.

(e) A large quantity generator shall re-notify the department by March 1 of each even-numbered year by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

(f) A large quantity generator may submit the re-notification required in (e), above, as part of its biennial report required under Env-Hw 512.04.

History

• #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 505.02 Inactivation of EPA Identification Numbers

(a) A very small or small quantity generator that ceases activities regulated by the hazardous waste rules but continues business operations at a particular site may inactivate the site's EPA identification number if:

(1) All hazardous waste has been removed from the site; and

(2) The generator has met the requirements of Env-Hw 513.04(a).

(b) To inactivate an EPA identification number, a very small or small quantity generator shall request inactivation by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/ Declassification Form” as amended February 2026.

(c) The department shall inactivate an EPA identification number if the requirements in (a) and (b), above, are met.

(d) A generator shall not generate, treat, store, dispose, transport, or offer a hazardous waste for transportation while the generator's EPA identification number is inactive.

(e) An EPA identification number shall remain inactive until the department receives a request from the generator to:

(1) Reactivate the number, as specified in Env-Hw 505.03; or

(2) Declassify the number, as specified in Env-Hw 505.04.

History

• #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 505.03 Reactivation of

EPA Identification Numbers.

(a) If a generator with an inactive EPA identification number intends to resume activities regulated by the hazardous waste rules, the generator shall reactivate the number prior to engaging in any regulated activities by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504.02.

(b) Reactivation of an EPA identification number shall be subject to the non-refundable fee of $150 required in Env-Hw 504.02(f) only if ownership of the generator changed during the period of inactivation.

(c) For purposes of (b), above, the events described in Env-Hw 504.02(e) shall constitute a change in ownership.

(d) Upon receipt of a notification to reactivate an inactive EPA identification number, the department shall process the notification in accordance with Env-Hw 504.03.

History

• #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 505.04 Notification of Closure; Declassification

(a) A very small or small quantity generator that ceases business operations at a particular site shall:

(1) Meet the requirements of Env-Hw 513.04(a), which includes removing all hazardous waste from the site; and

(2) Notify the department within 30 days after meeting the requirements in (a)(1), above, by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/Declassification Form” as amended February 2026, which shall serve as a request for declassification of the generator’s EPA identification number.

(b) A very small or small quantity generator that ceases activities regulated by the hazardous waste rules but continues business operations at a particular site may request declassification of the site’s EPA identification number if:

(1) All hazardous waste has been removed from the site; and

(2) The very small or small quantity generator has met the requirements of Env-Hw 513.04(a).

(c) For purposes of (b), above, a very small or small quantity generator shall request declassification by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/Declassification Form” as amended February 2026.

(d) The department shall declassify an EPA identification number if the applicable requirements in (a) through (c), above, are met.

(e) If a generator with a declassified EPA identification number intends to resume activities regulated by the hazardous waste rules, the generator shall notify the department prior to engaging in any regulated activities by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504.02, including the non-refundable fee of $150 required in Env-Hw 504.02(f).

(f) A large quantity generator that ceases business operations or ceases activities regulated by the hazardous waste rules shall be subject to the conditions for exemption for closure, including notification requirements, in Env-Hw 513.05.

History

• #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 507 Accumulation Requirements

N.H. Code Admin. R. Ann. Env-Hw 507.01 Accumulation

Requirements.

(a) While accumulating hazardous wastes, a generator shall not use storage practices that pose a hazard to human health or the environment.

(b) Containers and tanks used to accumulate hazardous waste shall be:

(1) In good condition;

(2) Chemically compatible with the waste stored therein such that no leakage or deterioration of the container or tank occurs; and

(3) Closed at all times except to add, remove, or consolidate waste.

(c) While accumulating hazardous waste in a container, a generator shall:

(1) Open, handle, and store each container in a manner that does not cause it to rupture or leak; and

(2) Immediately transfer hazardous waste from a leaking container to a container or tank that is in good condition.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09;; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.01); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.02(a)-(b)(1))

N.H. Code Admin. R. Ann. Env-Hw 507.02 Additional Requirements for Containers

(a) A generator shall position each container of hazardous waste so that its hazardous waste label or marking is not hidden by walls or other containers and can be easily read without having to move any containers.

(b) Hazardous waste containers shall be stored on impervious surfaces. Impervious surfaces shall include concrete and asphalt unless cracks or holes are present, and shall not include earthen, wooden, or gravel surfaces.

(c) Except as provided in (d), below, hazardous waste containers shall not be stored in an area with functional floor drains or manholes, or in or near a sink with a functional drain present, unless secondary containment is provided around all hazardous waste containers in the area capable of containing the volume of the largest capacity hazardous waste container present.

(d) The containment system required by (c), above, or by (e)(2), below, shall not be required for areas that store containers holding only wastes that do not contain free liquids provided that:

(1) The area is sloped or is otherwise designed to drain and remove liquid resulting from precipitation; or

(2) The containers are elevated or otherwise protected from contact with accumulated liquid.

(e) Hazardous waste containers stored outdoors shall:

(1) Be covered to prevent precipitation from coming in contact with the tops of the containers except when being moved to another location;

(2) Except as provided in (d), above, have secondary containment that:

a. Is adequate to hold any spills or leaks at 110% of the volume of the largest container in the area or 10% of the total volume of containers, whichever is greater; and

b. Is covered to keep the secondary containment structure free of rain, snow, and ice; and

(3) Not be stored within any of the following distances, unless a greater distance is required by any other federal standard, state statute, or rule in which case such distance shall apply:

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective area of any public water supply well; or

d. For storm drains, 50 feet.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.01); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.02(b)(2)-(g))

N.H. Code Admin. R. Ann. Env-Hw 507.03 Pre-transport Requirements

(a) Before transporting or offering hazardous waste for transportation offsite, a generator shall:

(1) Package the waste in US DOT containers as specified in 49 CFR 173, 178, and 179;

(2) Mark and label each container in accordance with the applicable US DOT hazardous materials regulations in 49 CFR Part 172; and

(3) Mark each container of 119 gallons or less in accordance with 49 CFR 172.304, including the following:

a. The generator’s name and physical address;

b. The generator’s EPA identification number;

c. The manifest tracking number;

d. All applicable EPA and NH hazardous waste numbers, subject to (d) and (e), below; and

e. The following statement: “HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency”.

(b) Before transporting or offering hazardous waste for transportation offsite, a generator shall determine that the transport vehicle is placarded in accordance with US DOT regulations for hazardous materials under 49 CFR 172, subpart F and rules adopted by the New Hampshire department of safety.

(c) Prior to disposal in a hazardous waste landfill, liquid wastes shall meet the requirements specified in 40 CFR 262.35.

(d) For purposes of (a)(3)d., above, and (e), below, a generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA and NH hazardous waste numbers, except that small and large quantity generators shall label containers with EPA and NH hazardous waste numbers during accumulation pursuant to Env-Hw 509.02(a)(1)e.3.

(e) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c), incorporated by reference at Env-Hw 1202.01, shall not be required to be marked with EPA and NH hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, as applicable.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.03); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.04)

Part Env-Hw 508 Very Small Quantity Generators

N.H. Code Admin. R. Ann. Env-Hw 508.01 Very Small Quantity Generators

(a) A very small quantity generator shall comply with the following independent requirements:

(1) Env-Hw 502 through Env-Hw 505;

(2) Env-Hw 507.02;

(3) Env-Hw 510 through Env-Hw 512; and

(4) Env-Hw 514.

(b) A very small quantity generator shall be subject to the applicable requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, unless it meets the conditions for exemption in Env-Hw 508.02 and Env-Hw 508.03, as applicable.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
• #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 508.02 Very Small Quantity Generator Accumulation Requirements

A very small quantity generator may accumulate up to the quantity of hazardous waste specified in (a), below, onsite in containers or tanks for greater than 90 days without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, provided that all of the following conditions for exemption are met:

(a) The quantity of hazardous waste accumulated onsite is at all times less than or equal to:

(1) Two hundred kilograms or 440 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste;

(b) The very small quantity generator complies with the:

(1) Hazardous waste determination requirements in Env-Hw 502.01;

(2) Accumulation requirements in Env-Hw 507.01;

(3) Pre-transport requirements in Env-Hw 507.03; and

(4) Emergency action, remedial action, and closure requirements in Env-Hw 513, as applicable;

(c) The very small quantity generator maintains the following equipment not more than 100 feet from the hazardous waste and accessible along a path unobstructed by any obstacles other than doors, which shall be unlocked at all times:

(1) Spill control equipment, such as absorbent powder, granules, pads, or rags; and

(2) Fire control equipment, such as fire extinguishers;

(d) The very small quantity generator posts a warning sign near ignitable or reactive wastes, such as “No Smoking” or “Keep Fire Away”;

(e) The very small quantity generator clearly labels or marks each container and tank used for the accumulation of hazardous wastes with the following information at the time the container or tank is first used to accumulate wastes:

(1) The words “hazardous waste”; and

(2) Words that identify the contents;

(f) While accumulating hazardous waste in a container, the very small quantity generator provides a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container;

(g) The very small quantity generator ensures delivery of its hazardous waste to a facility that has obtained an EPA identification number by either:

(1) Offering it to a transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration; or

(2) Self-transporting the waste as described in (h), below;

(h) A very small quantity generator may self-transport 55 gallons or less of hazardous waste generated at its site if the very small quantity generator:

(1) Transports the waste in containers that meet the US DOT specifications for hazardous materials and are:

a. Sealed;

b. Compatible with the waste; and

c. Labeled or marked:

1. In accordance with Env-Hw 508.02 or Env-Hw 508.03, as applicable; and

2. With an indication of the hazards of the contents, if transported to a facility identified in (h)(4)a., below;

(2) Complies with the manifest requirements of Env-Hw 510 and Env-Hw 604, unless use of a manifest is not required as specified in Env-Hw 510.01(g)(1);

(3) Has a mechanism for financial responsibility in not less than the following amounts:

a. For bodily injury or death of each person in any one accident, $50,000; and

b. For loss or damage in any one accident to the property of others, $50,000; and

(4) Self-transports the waste to:

a. A receiving facility that is under the control of the same person as the very small quantity generator and:

1. If located in New Hampshire:

(i) Has notified the department of this activity in accordance with Env-Hw 504;

(ii) Counts the waste received toward its generator status in accordance with Env-Hw 503; and

(iii) Is a small or large quantity generator; and

2. If not in New Hampshire, is located in a state that has adopted rules for consolidation of very small quantity generator wastes;

b. A one-day household hazardous waste collection event if:

1. A hazardous waste manifest, identifying the very small quantity generator as both the generator and the first transporter, accompanies the waste at all times;

2. The waste is given directly to a New Hampshire registered hazardous waste transporter during the collection event; and

3. Permission is obtained in advance from the entity sponsoring the collection event; or

c. A facility authorized under the destination state’s rules to handle the waste;

(i) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, may self-transport the following:

(1) A potentially creditable hazardous waste pharmaceutical to a reverse distributor; or

(2) A non-creditable hazardous waste pharmaceutical or a potentially creditable hazardous waste pharmaceutical to:

a. A healthcare facility that meets the applicable conditions of 40 CFR 266.502(l), as amended by Env-Hw 1302.02(c)(7) through (c)(9), and 40 CFR 266.503(b), as amended by Env-Hw 1302.02(d), to accept such wastes from an offsite healthcare facility; or

b. A site that meets the conditions of (h)(4)a., above, provided the conditions of (h)(1)c., above, are satisfied;

(j) If a very small quantity generator sends a shipment of hazardous waste to a designated facility and later receives the shipment back as a rejected load, or receives non-empty containers containing residue of the shipment, the very small quantity generator:

(1) Signs:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Manages the waste or residues in accordance with this section or Env-Hw 508.03, as applicable; and

(k) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with Env-Hw 516 in lieu of complying with Env-Hw 509.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 508.03 Very Small Quantity Generator Extended Quantity and Accumulation Requirements

A very small quantity generator may accumulate more than 200 kilograms or 440 pounds of non-acutely hazardous waste onsite in containers or tanks for greater than 90 days without a standard permit provided that:

(a) The quantity of hazardous waste accumulated onsite is at all times:

(1) Less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste;

(b) The very small quantity generator meets the requirements of Env-Hw 508.02(b) through (j);

(c) With respect to hazardous waste containers, the very small quantity generator:

(1) Inspects containers at least weekly to look for leaks and deterioration;

(2) Complies with the requirements for accumulation of ignitable and reactive wastes in 40 CFR 262.17(a)(1)(vi)(B), amended as follows:

a. Replace each instance of “large” with “very small”; and

b. Add after “No Smoking” the following “, “Keep Fire Away”, or similar”; and

(3) Complies with the requirements for accumulation of incompatible wastes in 40 CFR 262.17(a)(1)(vii);

(d) Hazardous waste tanks are inspected and managed in accordance with 40 CFR Part 265 Subpart J – Tanks, but not including 40 CFR 265.197(c), 40 CFR 265.200, and 40 CFR 265.202;

(e) For any inspection required by (c) or (d), above, the generator remedies any leaks or deterioration discovered during an inspection on a schedule that ensures the problem does not lead to an environmental or human health hazard;

(f) The hazardous waste is under the control of a designated hazardous waste manager or emergency coordinator or designee;

(g) At all times there is at least one employee designated as the emergency coordinator who is either on the premises or on call, with the responsibility for coordinating all emergency response measures;

(h) The generator posts the following information next to the telephone nearest each central accumulation area:

(1) The name and emergency telephone number(s) of the emergency coordinator and, if applicable, the emergency coordinator’s designee;

(2) The telephone numbers of the fire department, police department, hospital, and state of New Hampshire and local emergency response teams that may be called upon to provide emergency services; and

(3) The location of fire extinguishers and spill control equipment, and, if present, fire alarm;

(i) The generator ensures that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies;

(j) The generator maintains the following equipment, not more than 100 feet from each central accumulation area, and accessible along a path unobstructed by any obstacles other than doors that are unlocked at all times:

(1) An internal communication or alarm system capable of providing immediate emergency instruction, via voice or signal, to facility personnel; and

(2) An external communication system, such as a telephone that is immediately available at the scene of operations or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(k) The generator makes good faith efforts to make arrangements with local fire officials to familiarize them with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes; and

(l) If the very small quantity generator does not ship its hazardous waste offsite prior to reaching the onsite accumulation limit specified in (a), above, the very small quantity generator:

(1) Notifies the department that it is a small quantity generator or large quantity generator, as applicable, and complies with the requirements of Env-Hw 509 for the applicable generator category;

(2) Clearly labels or marks all containers and tanks used for the accumulation of hazardous waste with the date the onsite accumulation limit is reached, in lieu of the requirements of Env-Hw 509.02(a)(1)e.5. or Env-Hw 509.02(a)(2)c., as applicable; and

(3) Ships all hazardous wastes offsite within 90 days in accordance with Env-Hw 510 and Env-Hw 511.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10739, eff 12-2-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 509 Small and Large Quantity Generators

N.H. Code Admin. R. Ann. Env-Hw 509.01 Small and Large Quantity Generator Requirements

(a) A small or large quantity generator shall comply with the following independent requirements:

(1) Env-Hw 502 through Env-Hw 505;

(2) Env-Hw 507.02;

(3) Env-Hw 507.03;

(4) Env-Hw 509.04;

(5) Env-Hw 510 through Env-Hw 512; and

(6) Env-Hw 515.

(b) A small or large quantity generator shall be subject to the applicable requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, unless it meets the conditions for exemption in Env-Hw 509.02, Env-Hw 509.03, and Env-Hw 513, as applicable.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 509.02 Small and Large Quantity Generator Accumulation Requirements

A small or large quantity generator may accumulate hazardous waste on site without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided all of the following conditions for exemption are met:

(a) Unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in (b) through (d), below, a small or large quantity generator shall accumulate hazardous waste onsite for no more than 90 days, as well as the following accumulation conditions:

(1) If hazardous waste is placed in containers, the small or large quantity generator:

a. Complies with the accumulation requirements of Env-Hw 507.01;

b. Inspects central accumulation areas at least weekly to look for leaking containers and for deterioration of containers;

c. Complies with the requirements for accumulation of ignitable and reactive wastes in 40 CFR 262.17(a)(1)(vi), amended as follows:

1. Add before each instance of “large quantity generator” the following words: “small or”; and

2. Add after ““No Smoking”” the following “, “Keep Fire Away”, or similar”;

d. Complies with the requirements for accumulation of incompatible wastes in 40 CFR 262.17(a)(1)(vii); and

e. Labels or marks each container with the following information, clearly visible for inspection, at the time it is first used to accumulate wastes:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. Except as specified in Env-Hw 507.03(e), all applicable EPA and NH hazardous waste numbers;

4. An indication of the hazards of the contents; and

5. The date upon which each period of accumulation begins;

(2) If hazardous waste is placed in tanks, the small or large quantity generator:

a. Complies with the applicable requirements of 40 CFR 265, Subpart J:

1. Except 40 CFR 265.197(c), 40 CFR 265.200, and 40 CFR 265.202; and

2. Including the requirements for maintaining protective distances as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

b. Marks or labels each tank with:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. All applicable EPA and NH hazardous waste numbers; and

4. An indication of the hazards of the contents; and

c. Uses and maintains, onsite and readily available for inspection, inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering;

(3) If hazardous wood preserving wastes are placed on drip pads, the small or large quantity generator:

a. Complies with 40 CFR 265 Subpart W;

b. Removes all wastes from the drip pad at least once every 90 days, then places the hazardous waste in either:

1. A central accumulation area subject to the 90-day accumulation limit in (a), above; or

2. A satellite accumulation area subject to Env-Hw 509.03; and

c. Maintains the following records at the facility:

1. A written description of procedures the generator will follow to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

2. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal;

(4) If hazardous waste is placed in containment buildings, the small or large quantity generator:

a. Complies with 40 CFR 265 Subpart DD;

b. Labels its containment building, in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site, with:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. All applicable EPA and NH hazardous waste numbers; and

4. An indication of the hazards of the contents;

c. Prior to operation of the containment building, obtains and maintains in the generator’s operating record a professional certification from a licensed NH professional engineer that the building is constructed in accordance with the design standards specified in 40 CFR 265.1101 and is fit to operate as intended; and

d. Maintains, onsite and readily available for inspection, the following records by use of inventory logs, monitoring equipment, or any other effective means:

1. All of the following:

(i) A written description of procedures the generator will follow to ensure that each waste volume remains in the unit for no more than 90 days;

(ii) A written description of the facility’s waste generation and management practices showing that they are consistent with meeting the 90-day accumulation limit; and

(iii) Documentation that the procedures are complied with; or

2. Documentation that the containment building is emptied at least once every 90 days;

(5) Complies with the standards for preparedness, prevention, and emergency procedures in 40 CFR 262 Subpart M, amended as follows:

a. Add before each instance of “large quantity generator” the following words: “small or”;

b. Amend 40 CFR 262.251 by adding the following:

“(a) A small or large quantity generator shall provide the following security measures at all outdoor central accumulation areas:

(1) An artificial or natural barrier, such as a fence in good repair, that completely surrounds the central accumulation area to prevent the unauthorized or unknowing entry of individuals or livestock;

(2) A means to control entry, at all times, through gates or other entrances to the central accumulation area such as an attendant, television monitor, locked entrance, or controlled roadway access to the area; and

(3) A sign stating “Danger – Unauthorized Personnel Keep Out” at each entrance to the central accumulation area. Existing signs with other than the aforementioned words may be used if the sign clearly indicates that only authorized personnel are allowed to enter the area and that entry can be dangerous.

(b) A small or large quantity generator shall post a list of the steps to take if an emergency occurs and the following information at the nearest telephone to each central accumulation area:

(1) The names and emergency telephone numbers of the emergency coordinators;

(2) The telephone numbers of the:

(i) Fire department;

(ii) Police department;

(iii) Hospital(s);

(iv) State emergency response team at the telephone numbers listed in Appendix E;

(v) The generator’s emergency response contractor(s), if applicable; and

(vi) The generator’s in-house emergency response team, if applicable; and

(3) The location of fire extinguishers and spill control equipment, and, if present, fire and internal emergency alarms.”;

c. Amend 40 CFR 262.252 introductory language by adding after “emergencies” the following: “near areas where hazardous waste is generated and near satellite accumulation areas. A small or large quantity generator shall locate equipment necessary to prepare for and respond to emergencies not more than 100 feet from each central accumulation area and accessible along a path unobstructed by any obstacles other than doors, which shall be unlocked at all times”;

d. Amend 40 CFR 262.255 to read as follows: “A small or large quantity generator shall provide a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container and to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.”;

e. Amend 40 CFR 262.262 as follows:

1. Amend 40 CFR 262.262(a) by adding after “revisions” the following: “to the department and”; and

2. Amend 40 CFR 262.262(b) by replacing “May 30, 2017” with “the 2025 effective date of this rule”; and

f. Amend 40 CFR 262.265 as follows:

1. Amend 40 CFR 262.265(a) introductory language to read as follows:

“(a) Whenever there is an imminent or actual emergency situation, including the discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater, or surface waters, the emergency coordinator, or their designee when the emergency coordinator is on call, shall immediately, not to exceed one hour from the discovery of the release:”;

2. Amend 40 CFR 262.265(a)(2) to read as follows:

“(2) Notify local emergency officials and:

(i) The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

(ii) The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.”; and

3. Amend 40 CFR 262.265(g) by:

(i) Replacing “§ 261.3(c) or (d) of this chapter” with “Env-Hw 401.01(c) and Env-Hw 404.03”; and

(ii) Replacing “parts 262, 263, and 265 of this chapter” with “Env-Hw 500 through Env-Hw 700”;

(6) Complies with the personnel training requirements in 40 CFR 262.17(a)(7), amended as follows:

a. Add before each instance of “large quantity generator” the following words: “small or”;

b. As used in 40 CFR 262.17(a)(7)(i)(B), “a person trained in hazardous waste management procedures” means:

1. An outside hazardous waste management trainer;

2. An in-house employee who has completed a hazardous waste management course or who provides documentation to demonstrate their own capabilities as in-house trainer; or

3. A trainer who teaches a basic course or module offered by the department pursuant to Env-Hw 515; and

c. As used in 40 CFR 262.17(a)(7)(iii), “an annual review of the initial training” means review training that is received each year no more than 90 days prior to and no more than 90 days after the anniversary date of the initial training, such that training is received every 12 months on average. In the event that any such review training is received more than 90 days prior to the anniversary date of the initial training, the anniversary date for purposes of future compliance with the annual review requirement shall be the date on which such review training is received;

(7) Complies with the land disposal restrictions in Env-Hw 1200, as applicable; and

(8) Records each inspection required by (a)(1) through (a)(4), as applicable, in an inspection log or summary, which shall include:

a. The date and time of the inspection;

b. The name of the inspector;

c. A notation of the observations made, including any leaks, malfunctions, or deterioration observed; and

d. The date and nature of any repairs or other remedial actions taken;

(b) A small or large quantity generator that accumulates hazardous waste for more than 90 days shall be subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless the generator has requested and the department has granted a waiver pursuant to Env-Hw 202 or an extension of the 90-day period, as follows:

(1) A generator that wishes to obtain an extension of the time allowed for onsite accumulation of hazardous waste shall submit a written request for an extension that explains the circumstances warranting such an extension;

(2) The department shall grant the requested extension if the generator demonstrates that hazardous wastes will remain onsite due to unforeseen, temporary, and uncontrollable circumstances; and

(3) An extension granted by the department shall be limited to 30 days;

(c) A small or large quantity generator of wastewater treatment sludges from electroplating operations that meet the EPA hazardous waste number F006 pursuant to Env-Hw 402.06(a) may accumulate F006 waste for more than 90 days, but not more than 180 days, without being subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided the generator complies with the additional conditions for exemption in 40 CFR 262.17(c), amended as follows:

(1) Add before each instance of “large quantity generator” the following words: “small or”;

(2) Amend 40 CFR 262.17(c)(4)(i)(A) by replacing “paragraph (a)(1) of this section” with “Env-Hw 509.02(a)(1)”;

(3) Amend 40 CFR 262.17(c)(4)(i)(B) by replacing “paragraph (a)(2) of this section” with “Env-Hw 509.02(a)(2)”;

(4) Amend 40 CFR 262.17(c)(4)(i)(C) by adding after “40 CFR part 265” the following words: “and Env-Hw 509.02(a)(4)b.”;

(5) Amend 40 CFR 262.17(c)(4)(ii) by replacing “paragraph (a)(8) of this section” with “Env-Hw 513.05”;

(6) Amend 40 CFR 262.17(c)(4)(iv)(A) to read as follows:

“(A) The words “Hazardous Waste”, words that identify the contents, and all applicable EPA and NH hazardous waste numbers; and”; and

(7) Amend 40 CFR 262.17(c)(4)(v) by replacing “paragraphs(a)(6) and (7) of this section” with “Env-Hw 509.02(a)(5) and (a)(6)”;

(d) A small or large quantity generator that accumulates more than 20,000 kilograms of F006 waste onsite, or that accumulates F006 hazardous waste for more than 180 days, shall be an operator of a storage facility subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless the generator has requested and the department has granted a waiver pursuant to Env-Hw 202 or an extension of the 180-day period, as follows:

(1) A generator that wishes to obtain an extension of the time allowed for onsite accumulation of hazardous waste shall submit a written request for an extension that explains the circumstances warranting such an extension;

(2) The department shall grant the requested extension if hazardous wastes will remain onsite due to unforeseen, temporary, and uncontrollable circumstances; and

(3) An extension granted by the department shall be limited to 30 days;

(e) A small or large quantity generator may accumulate onsite hazardous waste received from a very small quantity generator pursuant to Env-Hw 508.02(h)(4)a. without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, provided that the small or large quantity generator:

(1) Notifies the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, at least 30 days prior to receiving the first shipment of its intent by providing the requested information for each very small quantity generator;

(2) Submits an updated Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 30 days after a change in the name or street address of the very small quantity generator;

(3) Counts the waste received toward its generator category in accordance with Env-Hw 503;

(4) Maintains the following records for each shipment received:

a. The name, site address, and contact information for the very small quantity generator;

b. A description of the waste received, including the quantity; and

c. The date of receipt;

(5) Complies with the biennial reporting requirements of Env-Hw 512.04; and

(6) Complies with the independent requirements and conditions for exemption specified in Env-Hw 509.01 for all hazardous waste received from a very small quantity generator, except that for purposes of the labeling and marking requirements in (a)(1)e.5., above, the small or large quantity generator shall label or mark the container with:

a. The date the hazardous waste was received from the very small quantity generator; or

b. The earliest date any hazardous waste in the container was accumulated on site, if the small or large quantity generator is consolidating incoming hazardous waste from a very small quantity generator either with its own hazardous waste or with hazardous waste from other very small quantity generators;

(f) If a small or large quantity generator sends a shipment of hazardous waste to a designated facility and later receives the shipment back as a rejected load, or receives non-empty containers containing residue of the shipment, the small or large quantity generator shall:

(1) Sign:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Manage the waste or residues in accordance with (a) and (b), above; and

(g) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with Env-Hw 516 without being subject to the biennial reporting requirements of Env-Hw 512.04 and the large quantity generator closure requirements of Env-Hw 513.05.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10494, eff 1-1-14; amd by #10739, eff 12-2-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7‑23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 509.03 Small and Large Quantity Generator Satellite Accumulation Provision

In lieu of complying with the conditions for exemption in Env-Hw 509.02, and except as otherwise required below, a small or large quantity generator may accumulate up to the quantity of hazardous waste specified in (a), below, in containers at or near any point of generation where the wastes initially accumulate without a standard permit or interim status and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided that all of the following conditions for exemption are met:

(a) The quantity of hazardous waste accumulated does not exceed:

(1) Fifty-five gallons of non-acutely hazardous waste; or

(2) Either:

a. One quart of liquid acutely hazardous waste; or

b. One kilogram, equivalent to 2.2 pounds, of solid acutely hazardous waste;

(b) The hazardous waste containers are under the control of the operator of the process generating the waste;

(c) The operator of the process generating the hazardous waste has been trained as specified in Env-Hw 509.02(a)(6), except that, in lieu of the annual training requirements specified, the training interval shall be 3 years;

(d) The generator meets the accumulation requirements of Env-Hw 507.01, except that containers shall not be required to be closed under the following circumstances:

(1) When adding, removing, or consolidating wastes; or

(2) When temporary venting of a container is necessary:

a. For the proper operation of equipment; or

b. To prevent dangerous situations, such as build-up of extreme pressure;

(e) The generator manages incompatible wastes pursuant to Env-Hw 509.02(a)(1)d.;

(f) At the time the containers are first used to accumulate wastes, the generator clearly labels or marks hazardous waste containers with:

(1) The words “hazardous waste”;

(2) Words that identify the contents; and

(3) An indication of the hazards of the contents;

(g) For satellite accumulation areas that have accumulated greater than 10 gallons of hazardous waste, in lieu of the weekly inspections required by Env-Hw 509.02(a)(1)b., the generator inspects the containers at least monthly for leaks and for deterioration caused by corrosion and other factors;

(h) When the amount of hazardous waste in a satellite accumulation area reaches the accumulation limit specified in this section, the generator:

(1) Immediately labels or marks the hazardous waste containers with the following:

a. The date the accumulation limit was reached; and

b. All applicable EPA and NH hazardous waste numbers; and

(2) Within 3 days of reaching the accumulation limit:

a. Ships all the hazardous waste from the satellite accumulation area to an offsite designated facility; or

b. Moves all the hazardous waste from the satellite accumulation area to a designated central accumulation area operated in accordance with the applicable requirements of Env-Hw 509.02(a) and ships the hazardous waste offsite within 90 days of the date the accumulation limit was reached; and

(i) The generator meets the standards for preparedness, prevention, and emergency procedures in Env-Hw 509.02(a)(5).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 509.04 Certified Hazardous Waste Coordinator Requirements

(a) Unless exempt pursuant to Env-Hw 504.04(f), a small or large quantity generator shall, subject to (b), below, have at least one hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for an average, calculated on an annual basis, of no less than 30 hours per week or 75% of the generator’s standard work week if the generator’s standard work week is less than 40 hours.

(b) A small or large quantity generator shall not be without a hazardous waste coordinator physically at the facility where the hazardous waste is generated, due to illness, vacation, or any other reason, for more than 30 consecutive working days or more than 45 total working days during any calendar year, exclusive of Saturdays, Sundays, or state and federal holidays.

(c) A small or large quantity generator shall make available to the department upon request documentation to demonstrate that it is in compliance with (a) and (b), above.

(d) For the purposes of (a) and (b), above, the certified hazardous waste coordinator may be an employee of the generator or a third-party contractor hired by the generator.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 510 Manifest Requirements

N.H. Code Admin. R. Ann. Env-Hw 510.01 General Requirements

(a) Except as provided in (b) and (g), below, when shipping a hazardous waste offsite, a generator shall comply with the manifest requirements of:

(1) 40 CFR 262.20(a)(1), (b), and (c), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024;

(2) 40 CFR 262.21(a) through (g)(1), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024, and Federal Register volume 89, page 86758, dated October 31, 2024;

(3) 40 CFR 262.21(h) through (m);

(4) This chapter; and

(5) In the case of an electronic manifest, 40 CFR 262.24(a) through (f) and 40 CFR 262.25.

(b) Subject to (c), below, the requirements of 40 CFR 262 Subpart B and the marking requirements of Env-Hw 507.03(a)(3) shall not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way.

(c) When transporting hazardous waste as in (b), above, a generator shall comply with the immediate response actions and discharge cleanup requirements of Env-Hw 608.01 and Env-Hw 608.02 in the event of a discharge of hazardous waste on a public or private right-of-way.

(d) A generator shall:

(1) Determine whether the destination state for a shipment regulates any additional wastes as hazardous wastes beyond those regulated federally;

(2) Determine whether the destination state for a shipment requires the generator to submit any copies of the manifest to the state; and

(3) Based on its findings with respect to (1) and (2), comply with the requirements of the destination state, as applicable.

(e) A small or large quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(a) is true.

(f) A very small quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(b) is true.

(g) Env-Hw 510 shall not apply to:

(1) A very small quantity generator that self-transports its own hazardous waste in accordance with Env-Hw 508.02(h)(4)a.; and

(2) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, and that self-transports hazardous waste pharmaceuticals in accordance with Env-Hw 508.02(i).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 510.02 Manifest Copy Distribution and Signatory Requirements

(a) If waste is to be shipped using a paper manifest, a generator shall:

(1) Sign and date by hand the certification on the first copy of the manifest form and ensure that the signature imprint and date are legible on all copies;

(2) Obtain the date of acceptance and handwritten signature of the initial transporter;

(3) Produce one legible copy of the manifest with signatures as described in (a)(1) and (a)(2) if the destination state does not require a copy of the manifest and 2 legible copies if the destination state does require a copy;

(4) Retain one copy of the manifest with signatures as described in (a)(1) and (a)(2), above;

(5) Submit, within 5 days of shipment, one copy of the manifest as described in (a)(3), above, to:

a. The destination state if required by that destination state; and

b. The department; and

(6) Provide the remaining copies of the manifest to the transporter to accompany the shipment.

(b) If waste is to be shipped using an electronic manifest that has been printed for a generator’s signature, the generator shall:

(1) Sign and date by hand the certification on the manifest;

(2) Obtain the handwritten signature of the initial transporter;

(3) Produce 2 legible copies of the manifest with signatures as described in (b)(1) and (b)(2), above, if the destination state does not require a copy of the manifest and 3 legible copies if the destination state does require a copy;

(4) Retain one copy of the manifest with signatures as described in (b)(1) and (b)(2), above;

(5) Submit, within 5 days of shipment, one copy of the manifest as described in (b)(3), above, to:

a. The destination state if required by that destination state; and

b. The department; and

(6) Provide the manifest to the transporter to accompany the shipment.

(c) If waste is to be shipped using an electronic manifest that the generator will sign electronically, the generator shall:

(1) Sign the electronic manifest in accordance with 40 CFR 262.25; and

(2) Provide one printed copy of the electronic manifest to the transporter to accompany the shipment.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 510.03 Manifest Information

(a) The manifest shall contain all of the information required by 40 CFR 262.20(a).

(b) For manifest item 13, in addition to all applicable EPA and NH hazardous waste numbers, a generator that claims an exemption from a hazardous waste cleanup fund fee shall identify wastes using the following exemption codes, as applicable:

(1) “NHX1” for wastes that are destined for recycling and are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, III;

(2) “NHX2” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, VI;

(3) “NHX3” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, IV;

(4) “NHX4” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, I;

(5) “NHX5” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, II; and

(6) “NHX6” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, V.

(c) A generator that claims an exemption from a hazardous waste cleanup fund fee shall provide, upon request, the following documentation, as applicable:

(1) For exemption code “NHX1”, a certification from the receiving facility that the waste was or will be recycled; and

(2) For exemption codes “NHX2” through “NHX6”, documentation that demonstrates eligibility for the exemption.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 510.04 Manifest Errors/Corrections

(a) The generator shall initial and date any corrections to a paper manifest prior to shipment.

(b) If a paper manifest is rendered unusable, the manifest shall be voided and destroyed.

(c) If an error on a paper or electronic manifest is detected after the waste has been shipped but before the receiving facility has signed the manifest in the electronic manifest system, the generator shall:

(1) Advise the operator of the receiving facility of the error no more than one business day after detection of the error and ensure that the error is corrected, either by:

a. Confirming in the electronic manifest system that the operator of the receiving facility made the correction; or

b. Obtaining written confirmation from the operator of the receiving facility that the correction was made; or

(2) Subject to (e), below, submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after the receiving facility has certified receipt.

(d) If an error on a paper or electronic manifest is detected after the receiving facility has signed the manifest in the electronic manifest system:

(1) A very small quantity generator shall:

a. Advise the operator of the receiving facility of the error no more than one business day after detection of the error and ensure that the error is corrected, either by:

1. Confirming in the electronic manifest system that the operator of the receiving facility made the correction; or

2. Obtaining written confirmation from the operator of the receiving facility that the correction was made; or

b. Subject to (e), below, submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after detection of the error; and

(2) Subject to (e), below, a small or large quantity generator shall submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after detection of the error.

(e) In the case of (c)(2), (d)(1)b., or (d)(2), above, if a generator makes corrections involving:

(1) The addition of the fee exemption codes provided in Env-Hw 510.03 to a waste(s) on a manifest, the department shall acknowledge such changes only as specified in Env-Hw 512.02(j)(2); or

(2) The type or quantity of waste on a manifest, the department shall acknowledge such changes only if the generator provides to the department documentation that the operator of the receiving facility agrees with the change.

(f) If the department requests corrections to portions of a manifest that a generator is required to complete, the generator shall address the data corrections within 30 days from the date of the request.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 510.05 Rail or Water Shipments

(a) For bulk shipments of hazardous waste that occur solely by water and for rail shipments of hazardous waste that originate at the site of generation, the generator shall comply with this section instead of with Env-Hw 510.02(a)(5), (a)(6), (b)(5), (b)(6), and (c)(3), as applicable.

(b) For bulk shipments of hazardous waste that occur solely by water, if waste is to be shipped using a paper manifest, the generator shall, within 5 days of shipment, send:

(1) To the owner or operator of the designated facility, or to the last water transporter to handle the waste in the United States if exported by water, 3 copies of the dated and signed manifest;

(2) To the department, one copy of the dated and signed manifest; and

(3) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

(c) For rail shipments of hazardous waste that originate at the site of generation, if waste is to be shipped using a paper manifest, the generator shall, within 5 days of shipment, send:

(1) To the following, 3 copies of the dated and signed manifest:

a. The next non-rail transporter, if any;

b. The designated facility if transported solely by rail; or

c. The last rail transporter to handle the waste in the United States if exported by rail;

(2) To the department, one copy of the dated and signed manifest; and

(3) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

(d) For bulk shipments of hazardous waste that occur solely by water and for rail shipments of hazardous waste that originate at the site of generation, if waste is to be shipped using an electronic manifest that has been printed for a generator’s signature, the generator shall, within 5 days of shipment, send:

(1) To the department, one copy of the dated and signed manifest; and

(2) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 510.06 International Shipments

(a) Any person who exports or imports hazardous waste, except NH-only waste, shall comply with 40 CFR 262 Subpart H.

(b) In accordance with 40 CFR 262.82, exports and imports of hazardous waste shall be subject to the level of control specified in “Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure,” as incorporated by reference in 40 CFR 260.11(e)(1) and available as noted in Appendix B.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 511 Delivery of Hazardous Waste

N.H. Code Admin. R. Ann. Env-Hw 511.01 Delivery

(a) A very small quantity generator shall deliver or offer hazardous waste only as specified in the conditions for exemption in Env-Hw 508.02(g) through (i), as applicable.

(b) A small or large quantity generator shall deliver or offer hazardous waste only to:

(1) A facility that has obtained an EPA identification number; or

(2) A transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

(c) If a very small or small quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, the very small or small quantity generator shall submit to the department:

(1) A legible copy of the manifest; and

(2) A handwritten or typed note, on the manifest itself or on an attached sheet of paper, indicating that the generator has not received confirmation of delivery.

(d) Beginning on December 1, 2025, a very small quantity generator may submit the documentation required in (c), above, to the electronic manifest system in lieu of submitting it to the department.

(e) Beginning on December 1, 2025, a small quantity generator shall submit the documentation required in (c), above, to the electronic manifest system instead of to the department.

(f) If a large quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter, the large quantity generator shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.

(g) If a large quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, the large quantity generator shall submit to the department an exception report consisting of the following:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(2) A cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(h) Beginning on December 1, 2025, instead of submitting an exception report to the department as required in (g), above, a large quantity generator shall submit to the electronic manifest system an exception report consisting of the following:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(2) An explanation of the efforts taken to locate the hazardous waste and the results of those efforts.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 511.02 Inability to Deliver

(a) If a transporter is unable to deliver all or part of a hazardous waste shipment, or if a facility rejects all or part of a hazardous waste shipment, the generator shall either designate an alternate authorized facility or instruct the transporter or operator to return the waste to the generator.

(b) If a waste shipment is, or container residues contained in non-empty containers are, returned to the generator in accordance with 40 CFR 264.72(f) and 40 CFR 265.72(f), as applicable, the generator shall:

(1) Sign:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Provide a copy of the manifest to the transporter.

(c) If a paper manifest or an electronic manifest that was printed for the generator’s signature accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall submit a copy of the manifest, signed as specified in (b)(2), above, to the department within 5 days of receipt of the returned shipment or residues.

(d) If a paper manifest accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall send a copy of the manifest to the designated facility that returned the shipment or residues to the generator within 30 days of receipt of the returned shipment or residues.

(e) If the designated facility uses a new manifest to forward a waste shipment to an alternate facility as specified in (a), above, the generator shall comply with the shipment tracking requirements of Env-Hw 511.01(c) through (h) by:

(1) Ensuring that the manifest copy received by the generator has the signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility; and

(2) Starting the 45- and 60-day timeframes, as applicable, on the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 512 Recordkeeping and Reporting Requirements

N.H. Code Admin. R. Ann. Env-Hw 512.01 Recordkeeping

(a) A generator shall keep the following records, as applicable, for at least 3 years:

(1) Subject to (d) through (f), below, all manifest copies, including the original generator copy and the copy certified by the designated facility or the foreign receiving facility, for 3 years from the date of signature by the generator;

(2) A copy of each quarterly activity report and biennial report, for 3 years from the due date of the report;

(3) A copy of each exception report;

(4) Records on any test results, waste analyses, or other waste determinations, made in accordance with Env-Hw 401.03(j) or Env-Hw 502.01, for 3 years from the date that the waste was last sent to be recycled or for treatment, storage or disposal;

(5) Records of any hazardous waste spills or discharges;

(6) Records of the inspections required by Env-Hw 509.02, for 3 years from the date of the inspection;

(7) Records pertaining to the use of tanks as required by Env-Hw 509.02(a)(2);

(8) Records pertaining to the use of drip pads as required by Env-Hw 509.02(a)(3);

(9) Records pertaining to the use of containment buildings as required by Env-Hw 509.02(a)(4);

(10) Records pertaining to land disposal restrictions as required by Env-Hw 509.02(a)(7), for 3 years from the date that the waste was last sent to onsite or offsite treatment, storage, or disposal;

(11) Records pertaining to hazardous waste received from very small quantity generators as required by Env-Hw 509.02(e)(4), for 3 years from the date of receipt of the waste; and

(12) Records pertaining to episodic events as required by Env-Hw 516.03(j), Env-Hw 516.04(h) and Env-Hw 516.05(e), for 3 years from the end date of the event.

(b) The time period specified in (a), above, shall be automatically extended while any enforcement action is pending.

(c) The records in (a), above, may be retained on electronic media provided the records are available during an inspection by the department.

(d) Except as specified in (e) and (f), below, a generator may rely on the electronic manifest system to satisfy manifest recordkeeping requirements in (a)(1), above, only if the generator has registered in the electronic manifest system and has established access to manifest records stored therein.

(e) For shipments of waste using an electronic manifest that was printed for the generator’s signature, the generator shall retain the paper copy of the electronic manifest with the generator’s signature for 3 years from the date of signature by the generator.

(f) For shipments of waste using a paper manifest, a generator that has registered in the electronic manifest system shall retain the original generator copy of the manifest as specified in (a)(1), above, until such time as the generator verifies, in the electronic manifest system, receipt of the shipment by the receiving facility.

(g) Beginning December 1, 2025, a generator may rely on the electronic manifest system to satisfy exception report recordkeeping requirements in (a)(3), above, only if the generator has registered in the electronic manifest system and has established access to exception reports stored therein.

(h) A generator shall not be held liable for the inability to produce for inspection an electronic record from the electronic manifest system if the generator can demonstrate that such inability is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 512.02 Quarterly Reporting

(a) The department shall compile a hazardous waste quarterly activity report summarizing hazardous waste manifest information from the electronic manifest system and mail or email the report to each generator that ships hazardous waste offsite using a manifest.

(b) If a generator ships hazardous waste offsite using a manifest and has not received a quarterly activity report within 45 days following the last day of the previous quarter, the generator shall ask the department to send a new report.

(c) The reporting quarters shall be as follows:

(1) 1st Quarter - January 1 to March 31;

(2) 2nd Quarter - April 1 to June 30;

(3) 3rd Quarter - July 1 to September 30; and

(4) 4th Quarter - October 1 to December 31.

(d) Quarterly activity reports shall include the following:

(1) Reporting quarter;

(2) Name, mailing address, site location, and EPA identification number of the generator;

(3) Weight in pounds of the hazardous waste manifested during the reporting quarter, summarized by manifest tracking number and EPA or NH hazardous waste number;

(4) Weight in pounds of the quarter’s manifested hazardous waste that is exempt from fees pursuant to RSA 147-B:9; and

(5) Fee due to the state of New Hampshire.

(e) Unless exempt under (f), below, a generator that receives a hazardous waste quarterly activity report from the department shall, within 30 days of receipt of the report:

(1) Review the report for accuracy;

(2) Notify the department of any needed corrections;

(3) Certify, as specified in Env-Hw 207, the report; and

(4) Return a certified copy of the report to the department.

(f) Political subdivisions that generate less than 660 pounds of hazardous waste in a 3-month period shall be exempt from certifying and submitting a quarterly activity report pursuant to (e)(3) and (e)(4), above.

(g) A generator that generates equal to or greater than 660 pounds of hazardous waste in a 3-month period shall pay the quarterly hazardous waste generator fee established in RSA 147-B:8, subject to the exemptions established in RSA 147-B:9, to the department for deposit into the hazardous waste cleanup fund.

(h) Fees required by RSA 147-B:8 shall be assessed based on the weight of hazardous wastes calculated from information from the electronic manifest system, as follows:

(1) The assessed weight of hazardous wastes shall be calculated from information from the electronic manifest system; and

(2) If the generator inadvertently omits an exemption code in manifest item 13 as required by Env-Hw 510.03(b)(1), the hazardous waste shall not be exempt from the fee unless the generator corrects the error by:

a. For exemption code “NHX1”, having the receiving facility submit a certification to the department that the waste was or will be recycled; or

b. For exemption codes “NHX2” through “NHX6”, submitting documentation that demonstrates eligibility for the exemption.

(i) The generator shall submit to the department the appropriate fee within 30 days of receipt of the quarterly activity report.

(j) Failure to submit the fees due as specified in (i), above, within 60 days of the due date shall result in the assessment of interest pursuant to RSA 147-B:8, at the rate established by RSA 336:1, II.

(k) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using Form HWM-15 “Hazardous Waste Quarterly Activity Fee Payment Form” as amended August 2025;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – RIMS

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – RIMS

29 Hazen Dr

Concord, NH 03301

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 512.03 Export and Import Recordkeeping and Reporting

(a) An exporter shall:

(1) Meet the recordkeeping requirements of 40 CFR 262.83(i);

(2) File an annual report with the administrator of EPA, by March 1 of each year, that is based on exports made during the previous calendar year, as specified in 40 CFR 262.83(g); and

(3) In lieu of the requirements of 40 CFR 262.42, if applicable, meet the exception reporting requirements of 40 CFR 262.83(h).

(b) An importer shall meet the recordkeeping requirements of 40 CFR 262.84(h).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 512.04 Biennial Reporting

On even-numbered years, a generator that is subject to the biennial reporting requirements in 40 CFR 262.41 shall complete and submit a biennial report to EPA by March 1 of that year.

History

• #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 512.05 Additional Reporting

A generator that also operates a treatment, storage, or disposal facility at the same location shall submit additional biennial report information as required by Env-Hw 705.03.

History

• #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 513 Emergency Action; Remedial Action; Closure

N.H. Code Admin. R. Ann. Env-Hw 513.01 Immediate Discharge Response Actions

(a) A very small quantity generator shall comply with the following requirements:

(1) In the event of any discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater, or surface waters, the generator shall report the discharge:

a. Immediately, not to exceed one hour from the discovery of the release; and

b. To local emergency officials and to:

1. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

2. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(2) The very small quantity generator also shall comply with the emergency procedures specified in the conditions for exemption in 40 CFR 262.265, as amended by Env-Hw 509.02(a)(5)f.

(b) A small or large quantity generator shall comply with the emergency procedures specified in the conditions for exemption in 40 CFR 262 Subpart M, as amended by Env-Hw 509.02(a)(5).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 513.02 Discharge Cleanup

(a) A generator shall immediately contain and cleanup, within 24 hours, any discharge of hazardous waste or material that, when discharged, becomes a hazardous waste.

(b) All recovered hazardous waste, contaminated soil or surface water, and any other materials that result from a discharge shall be properly managed in accordance with this chapter and Env-Or 600.

(c) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours, then the generator shall comply with the requirements of Env-Or 600.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 513.03 Exemption from Permit Requirements for Emergency Response

Subject to Env-Hw 303.02(d), a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to the situations described in Env-Hw 303.02(c).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 513.04 Very Small and Small Quantity Generator Closure Requirements

A very small or small quantity generator shall meet the following closure requirements:

(a) Prior to closing the facility:

(1) Meets the conditions for exemption for closure in Env-Hw 513.05(d), (f), and (g), as applicable;

(2) Manages any hazardous waste accumulated onsite or generated in the process of closing the generator’s facility in accordance with all applicable standards of Env-Hw 500, Env-Hw 600, Env-Hw 700, and Env-Hw 1200, including shipping these wastes to a facility authorized under the destination state’s rules to handle the hazardous waste; and

(3) If contamination is discovered at the site, meets the contaminated site management requirements of Env-Or 600; and

(b) Meets the independent requirements for declassification in Env-Hw 505.04(a)(2).

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 513.05 Large Quantity Generator Closure Requirements

Subject to (h), below, a large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings shall meet the following conditions for exemption prior to closing a waste accumulation unit at the facility, or prior to closing the facility:

(a) A large quantity generator shall perform one of the following when closing a waste accumulation unit, but not all waste accumulation units:

(1) Subject to (b), below, place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility; or

(2) Meet the closure performance standards of (d) through (g), below, as applicable, and notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 90 days after closing the unit that it has complied with the applicable closure performance standards of (d) through (g), below, as applicable.

(b) For purposes of (a)(1), above, if the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record;

(c) When closing a facility, a large quantity generator:

(1) Shall notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, no later than 30 days prior to closing the facility;

(2) Subject to (c)(3), below, shall notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 90 days after closing the facility:

a. That it has complied with the applicable closure performance standards of (d) through (g), below; or

b. If the facility cannot meet the applicable closure performance standards of (d) through (g), below, that it will close:

1. Under the standards of 40 CFR 265.310 in the case of a facility with container, tank, or containment building unit(s); or

2. Under the standards of 40 CFR 265.445(b) in the case of a facility with drip pads; and

(3) Within 75 days after the date provided in (c)(1), above, may request additional time to meet the applicable closure performance standards of (d) through (g), below, by notifying the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, and providing an explanation as to why the additional time is required;

(d) The generator shall close a container, tank system, or containment building waste accumulation unit or facility in a manner that:

(1) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and

(2) Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components, such as pads and liners, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless Env-Hw 401.01(c) applies;

(e) Any hazardous waste generated in the process of closing either the generator’s facility or unit(s) accumulating hazardous waste shall be managed in accordance with all applicable standards of Env-Hw 500, Env-Hw 600, Env-Hw 700, and Env-Hw 1200, including removing any hazardous waste contained in these units within 90 days of generating it and shipping these wastes to a facility authorized under the destination state’s rules to handle the hazardous waste;

(f) If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in (d)(2), above, then the waste accumulation unit shall be subject to 40 CFR 262.17(a)(8)(iii)(A)(4);

(g) At closure of a drip pad waste accumulation unit, the generator shall comply with the closure requirements of (d)(1), and (e), above, and 40 CFR 265.445(a) and (b); and

(h) The closure requirements of this section:

(1) Shall not apply to satellite accumulation areas; and

(2) Shall apply to any generator that was a large quantity generator on one or more occasions for a total of greater than 30 days.

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 514 Very Small Quantity Generator Self-Certification

N.H. Code Admin. R. Ann. Env-Hw 514.01 Purpose and Applicability

(a) The purpose of this part is to implement RSA 147-A:5, IV relative to self-certification of compliance with applicable hazardous waste rules by very small quantity generators (VSQGs) of hazardous waste.

(b) Unless exempt pursuant to Env-Hw 504.04(f), this part shall apply to any hazardous waste generator that generates, for every month of the generator’s operations, less than 100 kilograms or 220 pounds of hazardous waste per month.

(c) Nothing in this part shall eliminate or otherwise affect the obligation of a VSQG to comply with all applicable requirements of RSA 147-A and the hazardous waste rules.

History

• #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
• #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 514.02 Definitions

For purposes of this part, the following definitions shall apply:

(a) “Declaration” means a completed self-certification form and any attachments thereto;

(b) “Fees that are due” means the non-refundable fees required by RSA 147-A:5, IV(b) that are due for the 3 years following the year in which the declaration is due;

(c) “Self-certification form” means Form HWM-4 “Very Small Quantity Generator Self-Certification and Declaration of Compliance Form” as amended February 2026, a VSQG completes to certify compliance with applicable hazardous waste rules;

(d) “Very small quantity generator (VSQG)” means a generator that generates less than 100 kilograms or 220 pounds of hazardous waste in each and every calendar month;

(e) “VSQG whose declaration is due” means:

(1) In 2024 and every third year thereafter, VSQGs in Rockingham and Strafford counties;

(2) In 2025 and every third year thereafter, VSQGs in Hillsborough and Cheshire counties; and

(3) In 2026 and every third year thereafter, VSQGs in Merrimack, Coos, Carroll, Belknap, Sullivan, and Grafton counties; and

(f) “Year in which the declaration is due” means:

(1) For VSQGs in Rockingham and Strafford counties, 2024 and every third year thereafter;

(2) For VSQGs in Hillsborough and Cheshire counties, 2025 and every third year thereafter; and

(3) For VSQGs in Merrimack, Coos, Carroll, Belknap, Sullivan, and Grafton counties, 2026 and every third year thereafter.

History

• #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
• #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 514.03 Self-Certification Procedures

(a) On or before October 1 of each year, the department shall email, if available, or mail a self-certification form and explanatory information to each VSQG whose declaration is due.

(b) Subject to (d) below, any VSQG whose declaration is due that does not receive a self-certification form by October 10 of the year in which the declaration is due shall notify the department no later than October 20 of that same year.

(c) Upon receiving notification pursuant to (b), above, the department shall email, if available, or mail a self-certification form and explanatory information to the VSQG.

(d) A VSQG whose declaration is due may download the self-certification form and explanatory information from the department’s website in lieu of requesting a paper copy from the department.

(e) A VSQG whose declaration is due shall complete and submit Form HWM-4, “Very Small Quantity Generator Self-Certification and Declaration of Compliance Form”, as amended February 2026, no later than January 1 of the year immediately following the year in which the declaration is due, together with:

(1) The certification that the signer is familiar with the New Hampshire hazardous waste rules applicable to VSQGs and with this facility’s operations and procedures with respect to hazardous waste;

(2) The fees that are due, if any, as specified in RSA 147-A:5, IV(b) through (e);

(3) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, if a subsequent notification as specified in Env-Hw 505.01 is necessary; and

(4) The corrective action plan required by Env-Hw 514.04, if applicable.

(f) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using the self-certification form;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – VSQG Self-Certification Program

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – VSQG Self-Certification Program

29 Hazen Dr

Concord, NH 03301

History

• #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
• #8415, eff 8-19-05; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 514.04 Self-Certification of Compliance; Corrective Action Plan

(a) A VSQG whose declaration is due shall verify through appropriate inspections and record reviews that the VSQG is in compliance with the following rules, if applicable to the VSQG’s operations, and certify such compliance on the self-certification form:

(1) Env-Hw 502.01 relative to hazardous waste determinations;

(2) Env-Hw 504 relative to initial notification;

(3) Env-Hw 505.01 relative to subsequent notification;

(4) Env-Hw 505.04 relative to filing Form HWM-3 “VSQG and SQG Inactivation/ Declassification Form” as amended February 2026, if the VSQG has ceased business operations, including activities regulated by the hazardous waste rules, at the location identified on the VSQG’s original notification form;

(5) Env-Hw 507.01 relative to accumulation requirements;

(6) Env-Hw 507.02 relative to additional requirements for containers;

(7) Env-Hw 507.03 relative to labeling containers containing hazardous waste and shipping hazardous waste offsite;

(8) Env-Hw 508.02 relative to quantity of accumulation and preparedness and prevention;

(9) Env-Hw 508.03 relative to extended accumulation;

(10) Env-Hw 510.01 through Env-Hw 510.06 relative to manifests;

(11) Env-Hw 511.01 relative to delivery of hazardous wastes to an authorized facility;

(12) Env-Hw 512.01 relative to maintaining records; and

(13) Env-Hw 513.01 relative to reporting discharges of hazardous waste.

(b) If, at the time the declaration is due, a VSQG is not in compliance with one or more of the rules identified in (a), above, the VSQG shall submit a corrective action plan, as described in (c) and (d), below, with the declaration.

(c) For each instance of non-compliance, the corrective action plan shall identify:

(1) The rule with which the VSQG is not in compliance;

(2) The action(s) the VSQG has taken to date, if any, and the action(s) the VSQG will take to come into compliance;

(3) The schedule on which the remaining corrective action(s) will be implemented; and

(4) The procedures adopted by the VSQG to prevent a recurrence of the non-compliance.

(d) The corrective action plan shall also specify the date by which all remaining corrective actions shall be completed, which shall be as soon as practicable but in no event later than 90 days from the date the declaration is due, unless an extension is requested and granted pursuant to (f) and (g), below.

(e) Within 30 days of completing all actions included in the corrective action plan, the VSQG shall submit a statement of completion to the department that includes:

(1) A description of the corrective actions taken to comply with the corrective action plan;

(2) The date each corrective action was completed; and

(3) A certification, in accordance with Env-Hw 207, and that the corrective action has been completed in accordance with the corrective action plan.

(f) If a corrective action cannot be completed within 90 days of the date the declaration is due, the VSQG may submit a written request for an extension explaining the circumstances warranting such an extension.

(g) The department shall grant an extension requested pursuant to (f), above, if the corrective action cannot be completed within 90 days due to circumstances that are beyond the control of the VSQG.

History

• #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
• #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25 (formerly Env-Hw 514.05 and Env-Hw 514.06); ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 514.05 Interest on Unpaid Fees

(a) As specified in RSA 147-A:5, IV(c), if the self-certification fee is not paid within 60 days of the due date, interest shall be assessed.

(b) The interest rate shall be the rate established by RSA 336:1, II.

History

• #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 514.07)

Part Env-Hw 515 Hazardous Waste Coordinator Certification

N.H. Code Admin. R. Ann. Env-Hw 515.01 Purpose

The purpose of this part is to implement RSA 147-A:5, III relative to hazardous waste coordinator certification.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.02 Applicability

(a) This part shall apply to hazardous waste coordinators, as identified in RSA 147-A:5, III(a).

(b) Nothing in this part shall eliminate or otherwise affect the obligation of a generator to comply with all applicable requirements of RSA 147-A and the hazardous waste rules.

(c) A hazardous waste generator or any other person may participate in the hazardous waste coordinator certification program administered by the department in accordance with this part. Any person who voluntarily participates shall be subject to all program requirements, except that the person may withdraw from the program at any time without penalty.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.03 Definitions

(a) “Basic course” means the initial training course administered by the department that provides the hazardous waste management information needed to pass the examination required by Env-Hw 515.05.

(b) “Certified hazardous waste coordinator” means an individual who holds a hazardous waste coordinator certification that is current and in good standing.

(c) “Hazardous waste coordinator certification” means the certification granted to an individual by the department upon completing the requirements set forth in Env-Hw 515.04, Env-Hw 515.06, and Env-Hw 515.07, as applicable.

(d) “Hazardous waste coordinator certification program” means the training, education, and certification program administered by the department to implement the requirements of RSA 147-A:5, III.

(e) “Initial certification” means the hazardous waste coordinator certification granted to an individual:

(1) Who has not previously been certified by the department; or

(2) Whose certification expired prior to obtaining a renewal.

(f) “Module” means a training course, other than a basic course, that is offered by the department to fulfill the continuing education requirement for renewal of certification.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.04 Application for Certification

(a) An applicant for an initial certification or a renewal certification shall submit the following to the department:

(1) A completed signed Form HWM-5 “Hazardous Waste Coordinator Certification Training Application” as amended February 2026;

(2) The course fee of $175 pursuant to Env-Hw 515.05(a)(2); and

(3) The application fee specified in RSA 147-A:5, III(b).

(b) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using:

a. Form HWM-5 “Hazardous Waste Coordinator Certification Training Application” as amended February 2026, if the applicant pays while submitting their training application online; or

b. Form HWM-16 “Hazardous Waste Coordinator Certification Training Application Fee – Payment Only; Pay Multiple” as amended February 2026, if payment is made separate from the training application for one or more applicants;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – HWCC Program

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – HWCC Program

29 Hazen Dr

Concord, NH 03301

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 515.05 Courses and Examinations

(a) The department shall:

(1) Administer basic courses, modules, and for initial certifications, written examinations to determine the knowledge, ability, and judgment of the applicants for initial coordinator certification; and

(2) Charge a fee of $175, pursuant to RSA 147-A:5, III(a), sufficient to cover the actual costs of administering a basic course or module.

(b) Unless otherwise arranged for purposes of retaking an examination pursuant to (e)(1), below, examinations shall be administered at the conclusion of a basic course attended by the applicant.

(c) The examinations shall be graded on a pass/fail basis, with a score of 70% correct, or greater, constituting a passing grade.

(d) An applicant who does not successfully pass the examination shall not be issued a hazardous waste coordinator certification.

(e) An applicant who fails the examination may, within one year of the date of the examination:

(1) Retake the examination one time without a payment of an application fee and without repeating a basic course; or

(2) Submit a new application pursuant to Env-Hw 515.04, without payment of the application fee, attend another basic course, subject to payment of the course fee, and retake the examination at the conclusion of the basic course.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 515.06 Issuance of Initial Certification

(a) The department shall issue an initial hazardous waste coordinator certification to an applicant if the applicant:

(1) Submits a complete application for initial certification as specified in Env-Hw 515.04;

(2) Attends a basic course administered by the department pursuant to Env-Hw 515.05; and

(3) Passes a written examination administered by the department pursuant to Env-Hw 515.05.

(b) The department shall not issue an initial certification if:

(1) The requirements of paragraph (a), above, are not satisfied;

(2) There exist any grounds that would constitute good cause to deny an application pursuant to Env-C 209.02; or

(3) There exist any grounds that would constitute good cause to suspend, revoke, or refuse to renew an application pursuant to Env-Hw 515.09 or Env-C 209.03.

(c) An initial certification shall be:

(1) Issued in writing in the form of a certificate that contains a unique identification number, the name of the certification holder, and the expiration date of the certification;

(2) Effective for a period of one year from the date of issuance, unless revoked or suspended pursuant to Env-Hw 515.09;

(3) Subject to renewal pursuant to Env-Hw 515.07; and

(4) Non-transferable to another individual.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.07 Issuance of Renewal Certification

(a) The department shall issue a renewal hazardous waste coordinator certification to an applicant if the applicant:

(1) Submits a complete application for renewal pursuant to Env-Hw 515.04 at any time prior to the expiration date of the certification being renewed; and

(2) Attends a basic course or a module no more than 90 days after the expiration date of the certification being renewed.

(b) The department shall not issue a renewal certification if:

(1) The requirements of (a), above, are not satisfied; or

(2) There exist any grounds that would constitute good cause to suspend, revoke, or refuse to renew an application pursuant to Env-Hw 515.09 or Env-C 209.03.

(c) A renewal certification shall be:

(1) Issued in writing in the form of a certificate containing a unique identification number, the name of the certification holder, and the expiration date of the certification;

(2) Unless revoked or suspended pursuant to Env-Hw 515.09, effective for a period of one year from:

a. The expiration date of the expiring certification, if the applicant attends a basic course or module no more than 90 days prior to, or no more than 90 days after the expiration date of the certification being renewed; or

b. The date that the applicant attends a basic course or module if the applicant attends such course or module more than 90 days prior to the expiration date of the certification being renewed; and

(3) Non-transferable to another person.

(d) Subject to Env-Hw 515.09, the certification of an applicant who submits a complete application for renewal in accordance with (a)(1), above, but who has not attended a basic course or module prior to the expiration date of the expiring certification shall be extended until the applicant attends a basic course or module or 90 days, whichever is less.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.08 Expired Hazardous Waste Coordinator Certification

(a) A hazardous waste coordinator whose certification has expired shall not be eligible for issuance of a renewal certification pursuant to Env-Hw 515.07.

(b) A hazardous waste coordinator whose certification has expired who wishes to be re-certified shall apply for issuance of an initial certification in accordance with Env-Hw 515.04 and Env-Hw 515.06.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 515.09 Suspension, Revocation, or Refusal to Renew Certification

(a) If the department receives information that indicates that good cause, as defined in (d), below, exists to suspend or revoke the certification, the department shall proceed in accordance with the provisions of RSA 541-A that are applicable to adjudicative proceedings and Env-C 209.

(b) After proceeding in accordance with (a), above, the department shall:

(1) Revoke the certificate if it determines that the reason that good cause exists cannot be corrected to conform to applicable requirements and revoking the certificate will provide greater protection to public health and safety than renewing the certificate; or

(2) Suspend the certificate, subject to (d), below, if it determines that the reason that good cause exists can be corrected to conform to applicable requirements.

(c) If certification is suspended pursuant to (b)(2), above, the department shall not reinstate certification until:

(1) The underlying problem identified in (a), above, has been corrected; and

(2) The certification holder submits either a written request to the department requesting that certification be reinstated or, if the suspended certification has also expired, an application for initial certification pursuant to Env-Hw 515.04.

(d) Good cause to suspend, revoke, or refuse to renew a hazardous waste coordinator certification shall include the following:

(1) The certified hazardous waste coordinator obtained or attempted to obtain certification through fraud, deceit, or falsification;

(2) The certified hazardous waste coordinator knowingly violated the hazardous waste rules, conditions of a hazardous waste permit, or other rules or permits related to protection of the environment; or

(3) Any grounds set forth in Env-C 209.03.

History

• #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 516 Alternative Standards for Episodic Generation

N.H. Code Admin. R. Ann. Env-Hw 516.01 Applicability

This part shall apply to very small quantity generators and small quantity generators.

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 516.02 Definitions

For purposes of this part, the following definitions shall apply:

(a) “Planned episodic event” means an episodic event that the generator planned and prepared for, including but not limited to regular maintenance, tank cleanouts, short-term projects, or removal of excess chemical inventory; and

(b) “Unplanned episodic event” means an episodic event that the generator did not plan or reasonably did not expect to occur, including but not limited to production process upsets, product recalls, accidental spills, or acts of nature, such as tornado, hurricane, or flood.

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 516.03 Conditions for a Very Small Quantity Generator

A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided the very small quantity generator:

(a) Has no more than one episodic event per calendar year, unless a petition for a second episodic event is granted pursuant to Env-Hw 516.05;

(b) Notifies the department:

(1) At least 30 days prior to initiating a planned episodic event using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; or

(2) Within 72 hours of the unplanned episodic event via telephone, email, or fax and subsequently submits Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(c) Has an EPA identification number or obtains one by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504;

(d) Accumulates hazardous waste generated from an episodic event only in containers, tanks, or both;

(e) Complies with the following requirements:

(1) Env-Hw 508.02(b)-(d), (f), (g)(1), and (j);

(2) Env-Hw 508.03(c) and (e)-(i); and

(3) If hazardous waste generated from an episodic event is accumulated in a tank:

a. Inspects the tank and tank system at least daily to look for leaks and deterioration;

b. Any ignitable or reactive hazardous waste is accumulated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; and

c. The tank, if used to accumulate ignitable or reactive hazardous waste, is located to maintain protective distances between the waste management area and any public ways, streets, alleys, or adjoining property lines, as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

(f) If accumulating in a container, clearly marks or labels the container with the following:

(1) The words “Episodic Hazardous Waste”;

(2) Words that identify the contents;

(3) An indication of the hazards of the contents; and

(4) The date upon which the episodic event began;

(g) If accumulating in a tank:

(1) Clearly marks or labels the tank with the following:

a. The words “Episodic Hazardous Waste”;

b. Words that identify the contents; and

c. An indication of the hazards of the contents;

(2) Uses inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and

(3) Keeps inventory logs or records with the information in (g)(2), above, on site and readily available for inspection;

(h) Complies with Env-Hw 510 through Env-Hw 512, as applicable, when it sends its episodic event hazardous waste offsite to a designated facility;

(i) Ships the hazardous waste from its episodic event offsite to a designated facility no more than 60 days from the start of the episodic event;

(j) Compiles and maintains the following records:

(1) Beginning and end dates of the episodic event;

(2) A description of the episodic event;

(3) A description of the types and quantities of hazardous wastes generated during the event;

(4) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste;

(5) The name(s) of hazardous waste transporters;

(6) Manifest copies; and

(7) An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year; and

(k) Maintains the records of its episodic event as specified in Env-Hw 512.01(a)(12).

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 516.04 Conditions for a Small Quantity Generator

A small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided the small quantity generator:

(a) Has no more than one episodic event per calendar year, unless a petition for a second episodic event is granted pursuant to Env-Hw 516.05;

(b) Notifies the department:

(1) At least 30 days prior to initiating a planned episodic event using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; or

(2) Within 72 hours of the unplanned episodic event via telephone, email, or fax and subsequently submits Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(c) Has an EPA identification number or obtains one by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504;

(d) Accumulates hazardous waste generated from an episodic event only in containers, tanks, or both;

(e) If accumulating in a container, complies with Env-Hw 509.02(a)(1)a. through d. and clearly marks or labels the container with the following:

(1) The words “Episodic Hazardous Waste”;

(2) Words that identify the contents;

(3) All applicable EPA and NH hazardous waste numbers;

(4) An indication of the hazards of the contents; and

(5) The date upon which the episodic event began;

(f) If accumulating in a tank, complies with Env-Hw 509.02(a)(2)a. and:

(1) Clearly marks or labels the tank with the following:

a. The words “Episodic Hazardous Waste”;

b. Words that identify the contents;

c. All applicable EPA and NH hazardous waste numbers; and

d. An indication of the hazards of the contents;

(2) Uses inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and

(3) Keeps inventory logs or records with the information in (f)(2), above, on site and readily available for inspection;

(g) No more than 60 days from the start of the episodic event, either treats the hazardous waste from its episodic event onsite in compliance with a limited permit issued under Env-Hw 304.04 or manifests and ships such hazardous waste to a designated facility;

(h) Compiles and maintains the following records:

(1) Beginning and end dates of the episodic event;

(2) A description of the episodic event;

(3) A description of the types and quantities of hazardous wastes generated during the event;

(4) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste;

(5) The name(s) of hazardous waste transporters;

(6) Manifest copies; and

(7) An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year; and

(i) Maintains the records of its episodic event as specified in Env-Hw 512.01(a)(12).

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 516.05 Petition for a Second Episodic Event in a Calendar Year

(a) A generator may petition the department for a second episodic event in a calendar year without impacting its generator category under the following conditions:

(1) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the department for an unplanned episodic event in that calendar year within 72 hours of the unplanned event; or

(2) If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition the department for a planned episodic event in that calendar year.

(b) The petition shall include the following:

(1) The reason(s) why an additional episodic event is needed and the nature of the episodic event;

(2) The estimated amount of hazardous waste to be managed from the event;

(3) How the hazardous waste is to be managed;

(4) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event, which shall not exceed 60 days; and

(5) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.

(c) The petition shall be made to the department in writing, either on paper or electronically.

(d) If the petition satisfies the requirements of this part, the department shall issue to the generator a letter approving the petition.

(e) The generator shall retain the approval letter in its records as specified in Env-Hw 512.01(a)(12).

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 501

RSA 147-A:3, IV and VI; RSA 147-A:5, III and IV

40 CFR 261.9; 40 CFR 262.1; 40 CFR 262.10; 40 CFR 262.31; 40 CFR 262.70

Env-Hw 502

RSA 147-A:3, I and III

40 CFR 262.11

Env-Hw 503

RSA 147-A:3, IV and VI

40 CFR 262.13

Env-Hw 504

RSA 147-A:3, VI and XXVIII;

RSA 147-A:5, III and IV; RSA 147-A:6-a

40 CFR 262.10; 40 CFR 262.17; 40 CFR 262.18

Env-Hw 505

RSA 147-A:3, VI

40 CFR 262.17; 40 CFR 262.18

Env-Hw 505.02; Env-Hw 505.04

RSA 147-A:3, VI

40 CFR 262.17; 40 CFR 262.18

Env-Hw 506 (Reserved)

N/A

N/A

Env-Hw 507

RSA 147-A:3, III, IV, and XIII

40 CFR 262.16; 40 CFR 262.17;

40 CFR 262 Subpart C

Env-Hw 508

RSA 147-A:3, III, IV, VI, XIII, and XXVII; RSA 147-A:5, IV

40 CFR 262.14; 40 CFR 262.16; 40 CFR 262 Subpart L

Env-Hw 509

RSA 147-A:3, III, IV, VI, XIII, and XXVI; RSA 147-A:5, III

40 CFR 262

Env-Hw 510

RSA 147-A:3, IV and V

40 CFR 262 Subparts B & H

Env-Hw 511

RSA 147-A:3, III-VI

40 CFR 262.17; 40 CFR 262.18;

40 CFR 262 Subpart B; 40 CFR 262.42

Env-Hw 512

RSA 147-A:3, I-VII and XIII; RSA 147-B:7; RSA 147-B:8; RSA 147-B:9;

RSA 147-B:11

40 CFR 262 Subparts D & H

Env-Hw 513

RSA 147-A:3, III, IV, VI, VII, and XXV;

RSA 147-A:11

40 CFR 262.16; 40 CFR 262.17;

40 CFR 262 Subpart M

Env-Hw 514

RSA 147-A:5, IV

Env-Hw 514.02; Env-Hw 514.03; Env-Hw 514.04

RSA 147-A:5, IV

N/A

Env-Hw 515

RSA 147-A:5, III

Env-Hw 515.04; Env-Hw 515.05

RSA 147-A:5, III

N/A

Env-Hw 516

RSA 147-A:3, III, IV, VI, and XIII

40 CFR 262 Subpart L

Appendix B: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-Hw 509.02(a)(2)a.2.;

Env-Hw 516.03(e)(3)c.

“Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981

National Fire Protection Association

1 Batterymarch Park

Quincy, MA 02269

(617) 770-3000, (800) 344-3555

Free online at:

https://www.nfpa.org/codes-and-standards/nfpa-30-standard-development/30

Env-Hw 510.06(b)

“Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure”

Organization for Economic Cooperation and Development,

Environment Directorate

2 rue Andre´ Pascal

75775 Paris Cedex 16

France

Tel: +33 1 45 24 82 00

Free online at:

Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes | OECD

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #14280, eff 8-1-25, EXPIRES: 8-1-35

Chapter Env-Hw 600 Requirements for Hazardous Waste Transporters

Part Env-Hw 601 Applicability and Exemptions

N.H. Code Admin. R. Ann. Env-Hw 601.01 Applicability

(a) This chapter shall apply to all persons transporting hazardous wastes within or through New Hampshire, including hazardous waste destined for recycling, and to all persons transporting hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal.

(b) A transporter also shall comply with:

(1) Generator requirements of Env-Hw 500, if the transporter:

a. Transports hazardous waste into the United States from abroad; or

b. Mixes hazardous wastes of different US DOT shipping descriptions by placing them into a single container;

(2) Transfer facility requirements of Env-Hw 300 and Env-Hw 700, if the transporter operates a transfer facility as defined in Env-Hw 104;

(3) Storage facility requirements of Env-Hw 300, Env-Hw 700, and Env-Hw 1200, if the transporter stores hazardous waste in excess of 10 days;

(4) Applicable rules adopted by the New Hampshire department of safety; and

(5) Applicable requirements of 40 CFR 262 Subpart H, including, but not limited to, requirements for movement documents for importing and exporting hazardous waste.

(c) This chapter shall apply to the transportation of military munitions classified as solid waste under 40 CFR 266.202 only to the extent specified in 40 CFR 266.203.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 601.02 Exemptions

(a) This chapter shall not apply to the onsite transportation of hazardous wastes by generators or by owners or operators of permitted hazardous waste facilities.

(b) This chapter shall not apply to a very small quantity generator that self-transports 55 gallons or less of its own hazardous waste in accordance with Env-Hw 508.02(h).

(c) This chapter shall not apply to government entities that accumulate household hazardous waste and transport this waste in accordance with Env-Hw 501.02(b).

(d) This chapter shall not apply to universal waste handlers and universal waste transporters transporting universal waste, provided that the waste is managed in accordance with Env-Hw 1100.

(e) This chapter shall not apply to transportation during an explosives or munitions emergency response conducted in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as applicable.

(f) This chapter shall not apply to a healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, that self-transports hazardous waste pharmaceuticals as specified in Env-Hw 508.02(i).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 602 Transporter Registration and Notification

N.H. Code Admin. R. Ann. Env-Hw 602.01 Transporter Registration Requirements

No person shall transport hazardous waste into or within the state of New Hampshire without having a transporter registration issued by the department in accordance with Env-Hw 609.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

N.H. Code Admin. R. Ann. Env-Hw 602.02 Notification; EPA Identification Number

(a) A hazardous waste transporter who operates from a New Hampshire location shall notify the department prior to conducting any hazardous waste activities covered under the hazardous waste rules.

(b) Subject to (c), below, a transporter that has not previously notified the department shall do so within 30 days of the effective date of any statutory or regulatory amendments that require the transporter to be registered as a New Hampshire hazardous waste transporter.

(c) If a statute sets a different deadline for notification, the statutory deadline shall control.

(d) A transporter shall not transport hazardous wastes without having received an EPA identification number from the department, another state, or EPA.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.01) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 602.03 Notification Requirements

(a) The notification required by Env-Hw 602.02 shall be given by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) A transporter shall notify the department in writing of any changes to the information submitted pursuant to (a), above, within 30 days of such a change.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.02) (See Revision Note at part heading for Env-Hw 603); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 602.04 Notification Determination

(a) If the department, upon examination of a notification submitted as specified in Env-Hw 602.03, determines that the transporter has not provided all of the information required by Env-Hw 602.03, the department shall notify the transporter in writing of each deficiency.

(b) The transporter shall, no later than 30 days from receipt of the notice of deficiency, explain or correct the alleged deficiency.

(c) If the transporter does not respond within 30 days, the transporter shall submit a new notification prior to engaging in any regulated hazardous waste activities.

(d) If a transporter's notification is deemed complete, the department shall assign an EPA identification number to the transporter.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.03) (See Revision Note at part heading for Env-Hw 603)

Part Env-Hw 603 Requirements for Safety and for Identifying Wastes and Vehicles

N.H. Code Admin. R. Ann. Env-Hw 603.01 Packaging, Labeling, and Placarding

REVISION NOTE:

Document #12348, effective 8-14-17, readopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 600. Document #12347 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 600.

Document #12348 made extensive changes to the existing rules in the former Part Env-Hw 603. These included the amendment of paragraphs (a) and (b) in Env-Hw 603.04 titled “EPA Identification Number” and insertion, respectively, as paragraph (d) in Env-Hw 602.02 titled “Notification; EPA Identification Number” and paragraph (d) in Env-Hw 602.04 titled “Notification Determination”. The former Env-Hw 603.07 titled “Department of Safety Rules” was repealed and inserted as subparagraph (b)(4) in Env-Hw 601.01 titled “Applicability.” Document #12348 also extensively renumbered rules in the former Part Env-Hw 603, including renumbering of certain rules from Env-Hw 603 as rules in Env-Hw 602. The former rule numbers are indicated in the source notes for rules in Env-Hw 602 and Env-Hw 603.

The filings for the former rules Env-Hw 603.04 and Env-Hw 603.07 prior to Document #12348 include the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See the Revision Note #1 at the chapter heading for Env-Hw 600 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 600 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12348, effective 8-14-17.

(a) A transporter shall package and label all hazardous waste before and during shipment in accordance with (c) and (d), below, and the requirements for hazardous materials transportation in Saf-C 600.

(b) A transporter shall comply with the packaging standards in Saf-C 600 if:

(1) A hazardous waste is removed from its container and placed in another container; or

(2) Additional hazardous waste is added to a container.

(c) Prior to and during transportation, the transporter shall ensure that each container is labeled and clearly marked with:

(1) The words “Hazardous Waste”;

(2) All applicable EPA and NH hazardous waste numbers; and

(3) All applicable US DOT required information as set forth in 49 CFR Part 172.

(d) If a label is destroyed or mutilated, if hazardous waste is removed from its container, or if additional compatible hazardous waste is added to a container, the transporter shall remove or obliterate all previous labels and, as appropriate:

(1) Replace the label with a duplicate label; or

(2) Attach a label stating information pertaining to the hazardous waste now contained in that container.

(e) A transporter shall placard each vehicle with an appropriate warning of the hazardous waste contained therein as set forth in Saf-C 600.

(f) A tank, barrel, drum, or other packaging of hazardous waste that is not a part of a vehicle shall be secured against movement within the vehicle on which it is being transported.

(g) A transporter shall ensure that all containers of hazardous waste are sealed prior to and during transport.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.05) (See Revision Note at part heading for Env-Hw 603); ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 603.02 Vehicle Identification

(a) A transporter shall display the following on both sides of each power or waste carrying unit used to transport hazardous waste:

(1) The name of the transporter’s company, corporation, association, or proprietorship;

(2) The city and state where the transporter’s business office is located; and

(3) The transporter’s registration number.

(b) The information required by (a), above, shall be in lettering that:

(1) Is permanent and legible; and

(2) Contrasts with the background.

(c) For (a)(1) and (3), above, the lettering shall be a minimum of 3 inches high.

(d) When a vessel or vehicle that has been registered and marked changes ownership, the registrant shall permanently remove the name and transporter registration number from both sides of all power and waste carrying units being transferred prior to or upon transfer.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.06) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 603.03 Security

(a) A transporter shall secure all loads of hazardous waste when left unattended so as to minimize access by unauthorized individuals.

(b) Vehicles on which the cargo carrying portion can be closed and locked shall be closed and locked whenever the vehicle is left unattended.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.08) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 603.04 Personnel Training

A transporter shall comply with the training requirements specified in 49 CFR Part 172 Subpart H.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.09) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 603.05 Contingency Plan and Emergency Procedures

(a) A transporter shall maintain a written current contingency plan and emergency procedures, as specified in (b), below.

(b) The contingency plan and emergency procedures shall include the following information:

(1) A brief description of the actions the transporter will take in the event of a fire, explosion, or discharge of hazardous waste to the air, soil, or surface water;

(2) Names and emergency telephone numbers of all persons employed by the transporter who are qualified to act as emergency coordinator;

(3) Telephone number of the department’s emergency response team, as listed in Appendix E, Monday through Friday, 8:00 a.m. to 4:00 p.m.; and

(4) Telephone number of the New Hampshire state police headquarters communications unit, as listed in Appendix E, 24 hours per day.

History

• #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.10) (See Revision Note at part heading for Env-Hw 603); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 603.06 Preparedness and Prevention

A transporter shall:

(a) Comply with the preparedness and prevention requirements specified in 40 CFR Part 265 Subpart C if hazardous waste is stored in New Hampshire by the transporter for more than 24 hours; and

(b) Notify local emergency officials that hazardous waste is being stored in New Hampshire for greater than 24 hours.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.11) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 603.07 Financial Responsibility

A transporter shall meet the financial responsibility requirements of 49 CFR 387.9.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.12) (See Revision Note at part heading for Env-Hw 603)

N.H. Code Admin. R. Ann. Env-Hw 603.08 Vehicle and Vessel Requirements

A transporter shall carry in each vehicle and with each vessel:

(a) A copy of the transporter’s valid registration or registration confirmation letter, which shall be displayed and surrendered for examination upon request of any peace officer or department official or employee;

(b) A copy of the contingency plan and emergency procedures specified in Env-Hw 603.05; and

(c) Spill control equipment such as absorbent granular product or absorbent rags.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 609.06) (See Revision Note at part heading for Env-Hw 603)

Part Env-Hw 604 Manifests

N.H. Code Admin. R. Ann. Env-Hw 604.01 General Manifest Requirements

(a) Except as provided in Env-Hw 510.01(b) and subject to (c) and (d), below, a transporter shall comply with the manifest requirements of 40 CFR 263.20(a) through (g).

(b) A transporter shall verify that the generator EPA identification number on the manifest is valid for the transportation of the hazardous waste listed on the manifest.

(c) When transporting hazardous waste as authorized by Env-Hw 510.01(b), a transporter shall comply with the immediate response actions and discharge cleanup requirements of Env-Hw 608.01 and Env-Hw 608.02 in the event of a discharge of hazardous waste on a public or private right-of-way.

(d) The export requirements of 40 CFR 263.20(a)(2) shall not apply to NH-only wastes.

(e) Electronic manifest signatures shall meet the criteria described in 40 CFR 263.25.

(f) If a transporter makes a post-receipt manifest data correction pursuant to 40 CFR 263.20(a)(9) that pertains to a shipment that was accompanied by a paper manifest or a manifest that was printed for the generator’s signature, the transporter shall notify the generator of the correction.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

Part Env-Hw 605 Receipt of Liquid Hazardous Waste

N.H. Code Admin. R. Ann. Env-Hw 605.01 Requirements for Receipt of Liquid Hazardous Waste

Notwithstanding any other requirements of this chapter, when liquid hazardous waste is transferred to a tank on a transport vehicle, the transporter shall:

(a) Measure, by metering, sticking, or weighing, the amount of liquid hazardous waste collected and transferred to the tank; and

(b) Record the amount of hazardous waste measured on the accompanying manifest.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17

Part Env-Hw 606 Delivery

N.H. Code Admin. R. Ann. Env-Hw 606.01 Requirements for Delivery

A transporter shall comply with 40 CFR 263.21 with regard to compliance with the manifest.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

Part Env-Hw 607 Recordkeeping and Reporting

N.H. Code Admin. R. Ann. Env-Hw 607.01 Recordkeeping

(a) A transporter shall comply with the recordkeeping requirements of 40 CFR 263.22.

(b) Manifests may be retained on electronic media if available during inspection by the department.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

N.H. Code Admin. R. Ann. Env-Hw 607.02 Annual Reporting for Transporting Used Oil

A registered transporter that transports used oil pursuant to Env-Hw 1407 shall meet the annual reporting requirements of Env-Hw 1407.08 for the used oil transportation activities.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6385-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 608 Emergency Action/Remedial Action

N.H. Code Admin. R. Ann. Env-Hw 608.01 Immediate Discharge Response Actions

(a) In the event of any discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater or surface waters, the transporter shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8:00 a.m. to 4:00 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(b) A transporter who has discharged hazardous waste also shall comply with all other applicable requirements of 40 CFR 263.30(c) or (d), including providing any required reports and notifications.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 608.02 Discharge Cleanup

(a) A transporter shall immediately contain and clean up, within 24 hours, any discharge of hazardous waste or material that when discharged becomes a hazardous waste, if that discharge occurs while the hazardous waste or material is under the control of the transporter.

(b) All recovered hazardous waste, contaminated soil or surface water, and any other materials that result from a discharge of hazardous waste or material shall be managed in accordance with Env-Hw 500 and Env-Or 600.

(c) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours, the transporter shall comply with the contaminated site management requirements of Env-Or 600.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 608.03 Exemption from Permit Requirements for Emergency Response

Subject to Env-Hw 303.02(d), a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to the situations described in Env-Hw 303.02(c).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 609 Registration of Hazardous Waste Transporters

N.H. Code Admin. R. Ann. Env-Hw 609.01 Registration Process

(a) An applicant for a transporter registration shall provide the following information on a “Hazardous Waste Transporter Annual Registration Form” obtained from the department:

(1) The name, mailing address, and telephone number of the transporter;

(2) The name, title, and, if available, email address of the contact person;

(3) The transporter’s US DOT motor carrier census number or the interstate commerce commission number, and the transporter's EPA identification number;

(4) Subject to (b), below, the transporter’s U.S. Research and Special Programs Administration “(RSPA)” registration number, if applicable; and

(5) A statement signed by the transporter certifying, as specified in Env-Hw 207, that the transporter:

a. Complies with the financial responsibility requirements of 49 CFR 387.9; and

b. Has not demonstrated cause for suspension, revocation, refusal to renew, or denial of registration as specified in Env-Hw 610.02 or 610.03, as applicable.

(b) In lieu of (a)(4), above, a transporter may provide the hazardous materials registration number as assigned by the Pipelines and Hazardous Materials Safety Administration of the US DOT.

(c) A transporter seeking to renew a transporter registration shall submit the application on or before May 15 of the year for which registration is sought.

(d) If a registration application is incomplete, the department shall return the application to the applicant and notify the applicant in writing of each deficiency.

(e) Except as provided in Env-Hw 609.05, the department shall issue a transporter registration or a registration confirmation letter if a transporter has met the requirements of (a) through (c), above.

(f) A transporter shall provide, upon request of the department, the following:

(1) The name, address, EPA identification number, and phone number of the transporter's principal place of business and any regional offices, if applicable;

(2) The names, addresses, titles, and dates of birth of all corporate officers and all stockholders owning greater than 10% of the transporter's outstanding shares or debt equity;

(3) The names of all individuals or business firms that contract to perform part or all of the transportation of hazardous waste under the transporter's registration;

(4) For all transportation services provided to New Hampshire customers in any requested time period in the previous 3 years, a summary report on a searchable electronic document or other machine readable file that includes, but is not limited to, the following information for each shipment of hazardous waste regulated under the hazardous waste rules:

a. Generator name, site address, city, zip code, and EPA identification number, if applicable, regardless of generator classification;

b. Manifest tracking number;

c. Each transporter EPA identification number and state identification number;

d. Designated facility EPA identification number, site address, city, state, zip code;

e. For each waste stream, number and type of containers, total quantity, unit of measure, all applicable EPA and NH hazardous waste numbers, and management method code;

f. Generator certification date, transporter signature date, continuing transporter signature date as applicable, and designated facility signature date;

g. Special handling instructions; and

h. Discrepancy indication.

(5) A description of the transporter's introductory and continuing personnel training programs as required by 49 CFR 172 Subpart H;

(6) A contingency plan and emergency procedures plan as required by Env-Hw 603.05;

(7) A copy of the certificate of insurance or other proof of financial responsibility as required by (a)(5), above;

(8) A list of currently valid hazardous waste transporter permits or registrations from other states, including the state, expiration date, and the years held;

(9) Copies of any letters of commendation received by the transporter;

(10) A list of any other names under which the company has been known or done business within the past 5 years;

(11) Copies of any notices of violation, administrative orders, notices of suspension or denial, and civil or criminal actions completed or pending from or before state or federal agencies;

(12) A list of any pending suits, including any civil suits in which the company is presently involved as a plaintiff or defendant;

(13) A list of any environmental permits held by the transporter that have been revoked or suspended;

(14) Information regarding any convictions or pleas of guilty or no contest to a felony committed by the transporter or, in the case of a corporation or business entity, of any of its officers, directors, partners, or persons or business entities holding 10 percent or more of its equity or debt liability who has pled guilty or no contest to a felony in any state or federal court during the 5 years before the date of the registration by the transporter; and

(15) A signed statement certifying, as specified in Env-Hw 207, the information provided in (1) through (14).

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; amd by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

N.H. Code Admin. R. Ann. Env-Hw 609.02 Transporter Registration

(a) A transporter registration shall:

(1) Not be transferable; and

(2) Expire on the date specified on the registration.

(b) Upon a change in ownership or operational control of a transporter, the transporter registration shall not be transferred to the entity or individual gaining ownership or operational control.

(c) For purposes of (b), above, the following events shall constitute a change in ownership or operational control, as applicable:

(1) For a partnership, a change in the majority of general partners;

(2) For a corporation, a transfer of all corporate assets or of a majority of voting shares to a new individual or entity;

(3) For other organizations, a transfer of the control of the organization to a new individual or entity; and

(4) For an individual, transfer of control to another individual or entity.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 609.03 Registration Modification

A transporter shall notify the department by providing updated information in writing within 15 days of any of the following:

(a) A name change for the transporter;

(b) A change in physical location or mailing address of the transporter;

(c) A change of company contact of the transporter;

(d) A change in telephone number of the transporter; and

(e) A change in the EPA identification number of the transporter.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 609.04 Registration Suspension and Revocation

(a) The department shall suspend, revoke, or refuse to renew a transporter’s registration if the transporter does not demonstrate reliability, expertise, integrity and competence as specified in Env-Hw 610.02.

(b) Within 30 days of receiving a notice of the department's intent to suspend or revoke a transporter’s registration, the person identified on the registration may request an oral hearing before the department. The oral hearing shall be conducted as an adjudicative proceeding in accordance with the applicable provisions of RSA 541-A and Env-C 200.

(c) Within 30 days of receipt of a notice of decision by the hearing officer regarding the suspension or revocation of the transporter’s registration, the transporter may appeal the decision to the waste management council as specified in RSA 21-O:14.

(d) Within 5 days of suspension or revocation, the transporter shall return all original copies of the registration confirmation letter to the department.

(e) Within 15 days of suspension or revocation, the transporter shall:

(1) Notify all New Hampshire customers served during the prior year that it is not authorized to transport hazardous waste; and

(2) Publish a notice of suspension or revocation, as applicable, in a newspaper with statewide circulation.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 609.05 Registration Denial

(a) If an applicant or registrant meets any of the criteria in RSA 147-A:6, V(d), Env-Hw 610.02, or Env-Hw 610.03, the department shall deny registration.

(b) If the applicant or registrant wishes to appeal a denial of registration, the appeal shall be filed with the waste management council as specified in RSA 21-O:14.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Part Env-Hw 610 Standards for Hazardous Waste Transporters and Applicants for Transporter Registration

N.H. Code Admin. R. Ann. Env-Hw 610.01 Background Investigations

The department shall conduct a background investigation of a registrant or applicant to determine whether the registrant or applicant has sufficient reliability, expertise, integrity, and competence to transport hazardous waste in and through New Hampshire.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 610.02 Registrant Integrity and Competence

The department shall suspend, revoke, or refuse to renew a transporter registration if the registrant does not have sufficient reliability, expertise, integrity, and competence to transport hazardous waste, as demonstrated by any of the following:

(a) The registrant transported hazardous waste without possessing a transporter registration that was current and in good standing;

(b) The registrant fails to demonstrate compliance with the financial responsibility requirements of 49 CFR 387.9;

(c) Issuance of the registration was based on material false or misleading information;

(d) The registrant’s activities covered by the registration present an immediate and substantial threat to human health or the environment;

(e) The registrant failed to comply with an order issued by the department or by any state relative to hazardous waste transportation, including an order to undertake corrective measures, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(f) The registrant failed to comply with an order issued by the department or by any state relative to a violation of any other statute administered by the department or by any state, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(g) The registrant owes any administrative fines to the department or to any state, unless the fines are being paid in accordance with a payment schedule and the registrant is current with all payments;

(h) The registrant owes any fees to the department or to any state, unless the fees are being paid in accordance with a payment schedule and the registrant is current with all payments;

(i) The registrant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the penalties are being paid in accordance with a payment schedule and the registrant is current with all payments;

(j) The registrant failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statue or rule implemented by the department or by any state, unless the registrant is complying in accordance with a compliance schedule and is current with all items; or

(k) Within 5 years of the renewal registration application date, the registrant has been the subject of 2 or more administrative or civil enforcement actions or one criminal enforcement action, that have not been overturned on appeal, for any violation of:

(1) Any registration or permit issued by the department or by any state; or

(2) Any statute or rule implemented by the department or by any state.

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 610.03 Applicant Integrity and Competence

The department shall deny a transporter registration if the applicant does not have sufficient reliability, expertise, integrity, and competence to transport hazardous waste, as demonstrated by any of the following:

(a) The applicant transported hazardous waste without possessing a transporter registration that was current and in good standing;

(b) The applicant fails to demonstrate compliance with the financial responsibility requirements of 49 CFR 387.9;

(c) The applicant failed to comply with an order issued by the department or by any state relative to hazardous waste transportation, including an order to undertake corrective measures, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items;

(d) The applicant failed to comply with an order issued by the department or by any state relative to a violation of any other statute administered by the department or any state, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items;

(e) The applicant owes any administrative fines to the department or to any state, unless the fines are being paid in accordance with a payment schedule and the applicant is current with all payments;

(f) The applicant owes any fees to the department or to any state, unless the fees are being paid in accordance with a payment schedule and the applicant is current with all payments;

(g) The applicant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the penalties are being paid in accordance with a payment schedule and the applicant is current with all payments;

(h) The applicant failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items; or

(i) Within 5 years of the application date, the applicant has been the subject of 2 or more administrative or civil enforcement actions or one criminal enforcement action, that have not been overturned on appeal, for any violation of:

(1) Any registration or permit issued by the department or by any state; or

(2) Any statute or rule implemented by the department or by any state.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 600

RSA 147-A:3, IV-VIII; RSA 147-A:6

40 CFR 261; 40 CFR 263

Env-Hw 601

RSA 147-A:3, XXV; RSA 147-A:6

40 CFR 263.10

Env-Hw 602

RSA 147-A:3, VIII; RSA 147-A:6

40 CFR 263.11

Env-Hw 603

RSA 147-A:3, IV

40 CFR 263.10

Env-Hw 604

RSA 147-A:3, V

40 CFR 263 Subpart B

Env-Hw 605

RSA 147-A:3, IV

Env-Hw 606

RSA 147-A:3, IV and V

40 CFR 263 Subpart B

Env-Hw 607

RSA 147-A:3, VI

40 CFR 263 Subpart B

Env-Hw 608

RSA 147-A:3, VII and XXV

40 CFR 263 Subpart C

Env-Hw 609

RSA 147-A:3, VIII and IX; RSA 147-A:6

Env-Hw 610

RSA 147-A:3, IX; RSA 147-A:6

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Chapter Env-Hw 700 Requirements for Owners and Operators of Hazardous Waste Facilities/Hazardous Waste Transfer Facilities

Part Env-Hw 701 Applicability, Exemptions, and Prohibitions

N.H. Code Admin. R. Ann. Env-Hw 701.01 Applicability

This chapter shall apply to:

(a) Owners and operators of all facilities, unless exempt under Env-Hw 800 or Env-Hw 701.02;

(b) A person disposing of hazardous waste by means of ocean disposal pursuant to a permit issued under the Marine Protection, Research, and Sanctuaries Act only to the extent the person is deemed to have a permit-by-rule under Env-Hw 300;

(c) An operator of a POTW that treats, stores, or disposes of hazardous waste only to the extent the operator is deemed to have a permit-by-rule under Env-Hw 300;

(d) An owner and operator of a facility that treats, stores, or disposes of hazardous wastes in accordance with 40 CFR Part 268, as incorporated by reference in Env-Hw 1200; and

(e) The storage of military munitions classified as solid waste pursuant to 40 CFR 266.202 only to the extent identified in 40 CFR 266.205, but this chapter shall apply to the treatment and disposal of hazardous waste military munitions.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700); ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 701.02 Exemptions

(a) This chapter shall not apply to:

(1) The entities identified in Env-Hw 303.02(a);

(2) The owner or operator of a solid waste facility, as defined in RSA 149-M:4, IX and permitted by the department pursuant to RSA 149-M to manage non-hazardous solid waste, provided that:

a. The facility does not accept hazardous waste for transfer, treatment, storage, or disposal and does not transfer, treat, store, or dispose of hazardous waste; and

b. If the facility recovers energy from the combustion of solid waste from any source other than a household, it does not combust any hazardous waste, including but not limited to ash and baghouse filters, generated outside of, removed from, or stored at the facility;

(3) The owner or operator of an elementary neutralization unit or wastewater treatment unit that meets the requirements of Env-Hw 304.04;

(4) A New Hampshire registered transporter that stores manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 for a period of less than 10 days, provided that:

a. The wastes are en route to the facility designated on the manifest; and

b. Wastes are not transferred or removed from the vehicle;

(5) The owner or operator of a facility managing recyclable materials described in Env-Hw 401.03(b)(34) – (36), Env-Hw 804.02, and Env-Hw 1402.01(b), except to the extent that Env-Hw 700 requirements are referred to in Env-Hw 804 through Env-Hw 809 and Env-Hw 1400; and

(6) Subject to (c), below, a person engaged in treatment or containment activities during immediate response to the situations described in Env-Hw 303.02(c).

(b) Env-Hw 705.01(b)(1) through (3), (b)(6) through (10), and (c), Env-Hw 705.02, Env-Hw 705.03, Env-Hw 707.03(a)(2) and (10), and Env-Hw 708.02(a)(2) shall not apply to transfer facilities.

(c) In the case of treatment or containment activities during immediate response to a situation specified in (a)(6), above:

(1) A facility owner and operator shall comply with Env-Hw 708.02(a)(9) and Env-Hw 708.02(a)(10), except that the owner and operator of an existing facility shall comply with 40 CFR 265.54 instead of 40 CFR 264.54;

(2) A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over shall be subject to Env-Hw 300 and this chapter; and

(3) In the case of an explosives or munitions emergency response, including emergencies involving military munitions, the requirements of 40 CFR 264.1(g)(8)(iv) and 40 CFR 265.1(c)(11)(iv) shall apply.

(d) Env-Hw 703 and Env-Hw 704 shall not apply to owners and operators of:

(1) Onsite facilities that do not receive any hazardous waste from offsite sources; or

(2) Offsite facilities with respect to waste military munitions that are exempt from manifest requirements under 40 CFR 266.203(a).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 701.03 Prohibitions

(a) Underground injection of hazardous waste shall be prohibited.

(b) Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027 shall not be managed at facilities subject to Env-Hw 707, unless:

(1) The wastewater treatment sludge is generated in a surface impoundment as a part of the plant's wastewater treatment system;

(2) The waste is stored in tanks or containers;

(3) The waste is stored or treated in waste piles that meet the requirements of Env-Hw 707.04(e);

(4) The waste is burned in an incinerator that is certified pursuant to the standards and procedures in Env-Hw 707.04(h); or

(5) The waste is burned in a facility that thermally treats the waste in a device other than an incinerator and that is certified pursuant to the standards and procedures in Env-Hw 707.04(i).

History

• #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700)

Part Env-Hw 702 General Requirements for Facility Operators

N.H. Code Admin. R. Ann. Env-Hw 702.01 Notification

(a) An operator of a facility shall notify the department prior to conducting any hazardous waste activities that are subject to the hazardous waste rules.

(b) An operator of an existing facility shall notify the department within 30 days of the effective date of any statutory or regulatory amendment that requires the facility to have a hazardous waste permit.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.02 Notification Information Requirements

(a) The notification required by Env-Hw 702.01 shall be given by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) The operator shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information submitted pursuant to (a), above, within 30 days of the effective date of any change.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 702.03 Notification Determination

(a) If the department, upon examination of a notification submitted as specified in Env-Hw 702.02, determines that the operator has not provided all of the information required by Env-Hw 702.02, the department shall notify the operator in writing of each deficiency.

(b) The operator shall, no later than 30 days from receipt of the notice of deficiency, explain or correct the alleged deficiency.

(c) If the operator does not respond within 30 days, the operator shall submit a new notification.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.04 EPA Identification Number

(a) An operator of a facility or transfer facility shall not generate, receive, transfer, treat, store, or dispose of hazardous waste without having received an EPA identification number. If a notification from a facility or transfer facility is deemed complete, the department shall assign an EPA identification number to the facility or transfer facility.

(b) A separate number shall be obtained for each site location.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.05 Facility Permits

The operator of a new or existing facility shall comply with the permitting requirements of Env-Hw 300.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.06 Public Notification Plan

The operator of a facility or transfer facility shall develop and follow a plan describing methods to inform the public of the status of the activities undertaken at the facility or transfer facility.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.07 Transfer of Ownership/Relinquishment of Property Rights

The operator of a facility seeking to have its permit transferred to a new operator shall comply with 40 CFR 270.40, 7-1-05 edition, and RSA 147-A:4, IV.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.08 Environmental and Health Requirements

Notwithstanding any provisions in this chapter, the operator of a facility shall:

(a) Meet all surface water standards as specified in the Federal Clean Water Act and New Hampshire statutes according to RSA 485-A, and groundwater criteria established by the Federal Safe Drinking Water Act and Env-Or 600;

(b) Meet all air emission limits specified in the Federal Clean Air Act, RSA 125-C, and state implementation plans;

(c) Prevent exposure of facility workers to chemicals in violation of Occupational Safety and Health Administration regulations; and

(d) Prevent exposure of humans or the environment to harmful quantities of hazardous waste or its constituents.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.09 General Design Requirements

A facility shall:

(a) Be designed and operated to minimize the possibility of any unplanned releases of hazardous waste or constituents;

(b) Have diversion structures capable of diverting all surface water run-off and run-on from the active portions of the facility for a 24-hour, 100-year storm;

(c) Be located above the 100-year flood level, unless it is an existing facility:

(1) That is designed, constructed, operated and maintained to prevent washout of any hazardous waste by a 100-year flood; or

(2) Whose operator ensures that all waste can be removed safely before floodwaters can reach the facility to a location where the wastes will not be vulnerable to flood waters; and

(d) Be designed so that all surface run-off from active portions of the facility is collected and contained before it is discharged from a point source, and is handled in accordance with the Federal Clean Water Act and New Hampshire RSA 485-A.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.10 Groundwater Monitoring

(a) An operator of a facility with a surface impoundment, landfill, or land treatment operation shall install and operate a groundwater monitoring/release detection system capable of detecting the potential migration in groundwater of hazardous waste or waste constituents outside the boundaries of the facility, as specified below:

(1) Facilities that were in existence on July 1, 1980, shall implement a groundwater monitoring/ release detection program in accordance with 40 CFR 265 Subpart F;

(2) Facilities that become subject to this chapter due to statutory or regulatory amendments shall implement a groundwater monitoring/release detection program in accordance with 40 CFR 265 Subpart F within one year of the effective date of the statutory or regulatory amendments; and

(3) New facilities shall implement a groundwater monitoring/release detection program in accordance with 40 CFR 264 Subpart F.

(b) Groundwater monitoring/release detection shall comply with RSA 485-C:13, Env-Or 700, and either 40 CFR 264 Subpart F or 40 CFR 265 Subpart F, as specified in (a), above, provided that in the case of a conflict, the more protective requirement shall apply.

(c) Unless a release detection permit is required pursuant to RSA 485-C:13, the department shall waive any of the requirements of (b), above, if:

(1) The operator requests such a waiver in writing as specified in Env-Hw 202; and

(2) The operator provides documentation that the criteria for granting a waiver as specified in Env-Hw 202 are satisfied.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.11 Other Monitoring

(a) The department shall review the groundwater monitoring/release detection plan proposed pursuant to Env-Hw 702.10(b) and all resulting data.

(b) The department shall review the design and operations of all hazardous waste facilities and transfer facilities other than those specified in Env-Hw 702.10(a) to determine whether the design and operation might allow any hazardous waste or constituent to migrate off-site.

(c) The department shall require the installation and operation of a monitoring system, including monitoring of air emissions, groundwater contamination, and leachate detection as appropriate to the migration vectors identified by the department, for:

(1) A facility identified in Env-Hw 702.10(a), if the groundwater monitoring/release detection plan proposed pursuant to Env-Hw 702.10(b) is not adequate to detect the off-site migration of all hazardous wastes or constituents; or

(2) A facility or transfer facility not identified in Env-Hw 702.10(a) whose design and/or operation might allow a hazardous waste or constituent to migrate off site.

(d) For a monitoring system specified in (c), above, the department shall specify in writing:

(1) The monitoring system required;

(2) The frequency of analysis required; and

(3) The sampling and evaluation procedures and criteria to be used.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.12 Alternate Monitoring Plan

If the department requires a monitoring system pursuant to Env-Hw 702.11(c), the owner or operator may apply for a waiver or may submit for approval an alternate monitoring plan.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 702.13 Monitoring Response

(a) Upon detection of contamination of any groundwater, surface water, air, or soil, the owner or operator of a facility shall immediately notify the department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, from 8 a.m. to 4 p.m., and the New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E at all other times.

(b) Within 10 days of notification, the operator shall:

(1) Collect and evaluate samples on a more frequent basis;

(2) Take preventive actions, such as requiring more stringent operational procedures;

(3) Take remedial actions, including on-site relocation of wastes;

(4) File a report, within 30 days of notification, identifying the causes of contamination and delineating if they are accidental, due to operating or design failures, or of unknown cause;

(5) Provide evidence that the contamination can be mitigated by actions not previously mentioned; and

(6) Temporarily cease operations so that the causes can be found and corrected.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12349, eff 8-14-17

Part Env-Hw 703 Receipt of Waste

N.H. Code Admin. R. Ann. Env-Hw 703.01 General Manifest Requirements

(a) Upon receipt of a hazardous waste accompanied by a manifest, the owner, operator, or responsible agent of the designated facility shall comply with 40 CFR 264.71(a) through (k) and 40 CFR 265.71(a) through (k), as applicable, with 40 CFR 264.71(c) and 40 CFR 265.71(c) amended to read as follows:

“(c) Whenever a shipment of hazardous waste is initiated from a facility, the owner or operator of that facility must comply with the requirements of Env-Hw 500. The provisions of Env-Hw 500 apply to owners or operators that are shipping hazardous waste which they generated at that facility or operating as a large quantity generator consolidating hazardous waste from very small quantity generators under Env-Hw 509.02(e).”

(b) The export and import requirements of 40 CFR 264.71(a)(3) and (d) and 40 CFR 265.71(a)(3) and (d) shall not apply to a NH-only waste.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by 8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 703.02 Manifest Errors/Discrepancies

(a) An owner, operator, or responsible agent shall comply with the manifest discrepancy requirements of 40 CFR 264.72(a) through (c) and 40 CFR 265.72(a) through (c), as applicable.

(b) An owner, operator, or responsible agent shall correct the following discrepancies:

(1) Significant differences, as that term is defined in 40 CFR 264.72(b) and 40 CFR 265.72(b), as applicable;

(2) Incorrect or missing EPA identification numbers, generator names and addresses; and

(3) Missing fee exemption codes as provided in Env-Hw 510.03.

(c) Post-receipt manifest data corrections shall be made in accordance with 40 CFR 264.71(l) and 40 CFR 265.71(l), as applicable.

(d) If a post-receipt manifest data correction pertains to a shipment that was accompanied by a paper manifest or a manifest that was printed for the generator’s signature, the owner, operator, or responsible agent shall notify the generator of the correction.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700)

N.H. Code Admin. R. Ann. Env-Hw 703.03 Unmanifested Waste Report

(a) If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or shipping paper for water or rail shipments, and if the waste is not excluded from the manifest requirement by the hazardous waste rules, the operator shall submit an unmanifested waste report to the department within 15 days of such acceptance.

(b) The unmanifested waste report shall contain the following information:

(1) The name, address and EPA identification number of the facility;

(2) The name, address and EPA identification number of the generator and transporter, if available;

(3) The date of receipt;

(4) For each unmanifested hazardous waste, its quantity and a description by type and source;

(5) For each unmanifested hazardous waste, the method of treatment, storage, or disposal;

(6) A full explanation of why the waste was unmanifested; and

(7) A statement signed by the operator or a responsible agent certifying, as specified in Env-Hw 207, the information in the report.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; (formerly Env-Hw 703.05, renumbered by #12922) (See Revision Note #2 at chapter heading for Env-Hw 700)

Part Env-Hw 704 Rejected Shipments

N.H. Code Admin. R. Ann. Env-Hw 704.01 Rejected Shipments

If an operator rejects all or part of a hazardous waste shipment or identifies a container residue that exceeds the quantity limits for empty containers set forth in Env-Hw 401.03(d), the operator shall comply with the manifest discrepancy requirements of 40 CFR 264.72(d) through (g) and 40 CFR 265.72(d) through (g), as applicable.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700)

Part Env-Hw 705 Recordkeeping and Reporting

N.H. Code Admin. R. Ann. Env-Hw 705.01 Recordkeeping

(a) The operator of a facility other than a transfer facility shall keep a written operating record at the facility as set forth in (b) through (d), below.

(b) Except as specified in (b)(6) and (10), below, the following information shall be recorded by the operator as it becomes available and maintained in the operating record for 3 years, unless requirements specify they must be kept for a longer period of time:

(1) A copy of each shipping document and manifest, including:

a. Movement documents for shipments subject to 40 CFR 262, Subpart H;

b. Manifest discrepancy reports; and

c. Unmanifested waste reports;

(2) A copy of each quarterly and biennial activity report;

(3) Records and results of waste analyses, hazardous waste determinations, and trial tests as required by Env-Hw 707, Env-Hw 708, and Env-Hw 1200, as applicable;

(4) Summary reports and details of all incidents requiring contingency plan implementation;

(5) Records and results of inspections, as required by Env-Hw 707 and Env-Hw 708, as applicable, including:

a. The time and date of facility inspections;

b. The inspector's name;

c. Notation of observation(s);

d. Dates and nature of maintenance; and

e. Remedial action(s) taken;

(6) Monitoring data, testing data, analytical data, and corrective action(s) as required by Env-Hw 707 and Env-Hw 708, except that records and results pertaining to groundwater monitoring and cleanup shall be maintained until facility closure and for the post-closure care period for disposal facilities;

(7) For off-site facilities, notices to generators as required by Env-Hw 708.02(a)(1);

(8) A statement obtained from the permittee, at least annually, certifying, as specified in Env-Hw 207, that the permittee has a program in place to reduce the volume and toxicity of hazardous waste generated by the permittee, as specified in 40 CFR 264.73(b)(9), as applicable;

(9) The information required by 40 CFR 264.73(b)(11) through (16) and 40 CFR 265.73(b)(9) through (14), as applicable; and

(10) Records of monitoring, testing, or analytical data as required by 40 CFR 264.73(b)(18), for 5 years.

(c) The following information shall be recorded by the operator as it becomes available and maintained in the operating record until closure of the facility, unless requirements specify they must be kept for a longer period of time:

(1) A description and the quantity of each hazardous waste shipment received, treated, stored, or disposed of at the facility, including:

a. The waste's common name;

b. If listed in Env-Hw 402 or a characteristic waste under Env-Hw 403, the waste's EPA and state hazardous waste number or numbers, as applicable;

c. The waste's physical form, such as liquid, sludge, solid, or contained gas;

d. If not listed in Env-Hw 402, the process that produced the waste;

e. The estimated or manifest-reported weight, or volume and density, where applicable, in one of the units of measure specified in 40 CFR 264 Appendix I, Table 1; and

f. The method, by handling code as specified in 40 CFR 264 Appendix I, Table 2, and date of treatment, storage, or disposal;

(2) The method, location, and date of treatment, storage, and disposal;

(3) The location of each hazardous waste within the facility and the quantity at each location, including:

a. For disposal facilities, the location and quantity of each hazardous waste, recorded on a map or diagram of each cell or disposal area; and

b. For all facilities, cross-references to specific manifest tracking numbers, if the waste was accompanied by a manifest;

(4) Adjustments and calculations of closure and for disposal facilities, post-closure cost estimates prepared in accordance with Env-Hw 707.03(a)(11) or Env-Hw 708.02(a)(12);

(5) Records of the quantities and date of placement of each shipment of hazardous waste placed in land disposal units as required by 40 CFR 264.73(b)(10) and 40 CFR 265.73(b)(8), as applicable; and

(6) The information required by 40 CFR 264.73(b)(19) and 40 CFR 265.73(b)(15), as applicable.

(d) Any specified retention period shall be automatically extended while any enforcement action is pending.

(e) The operator of a transfer facility shall keep a written operating record at the transfer facility as set forth in (b)(4) and (5), above, and maintain the operating record in accordance with (d), above.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; amd by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700); ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 705.02 Quarterly Reporting

(a) For the purposes of quarterly reporting, the term “facility” does not include hazardous waste transfer facilities.

(b) An operator of a hazardous waste facility located in New Hampshire that receives hazardous waste from out-of-state for the purpose of treating, storing, or disposing of such waste shall pay a fee based on the quantity of said out-of-state wastes.

(c) For each facility that meets the criteria in (b), above, the department shall compile a hazardous waste quarterly activity report summarizing the facility’s hazardous waste manifest information from the electronic manifest system and then mail or email the report to the facility. If a facility meets the criteria of (b), above, and has not received a quarterly activity report within 45 days following the last day of the previous quarter, the facility shall contact the department and the department shall send a new report.

(d) The reporting quarters shall be as follows:

(1) 1st Quarter - January 1 to March 31;

(2) 2nd Quarter - April 1 to June 30;

(3) 3rd Quarter - July 1 to September 30; and

(4) 4th Quarter - October 1 to December 31.

(e) A facility quarterly report shall include the following information:

(1) Reporting quarter;

(2) Name, address, telephone number, and EPA identification number of the reporting facility;

(3) Weight in pounds of the hazardous waste received by the facility from out-of-state sources;

(4) The EPA and NH hazardous waste numbers, as applicable, for each waste received by the facility from out-of-state sources; and

(5) The amount of the fee payment due the state of New Hampshire.

(f) The operator shall:

(1) Review the quarterly report for accuracy;

(2) Correct any errors;

(3) Notify the department of any needed corrections within 30 days of receipt of the report; and

(4) Provide a statement signed by a responsible company official certifying, as specified in Env-Hw 207, the report.

(g) The operator shall submit each quarterly activity report to the department, together with the fee due to the state of New Hampshire, within 30 days from receipt.

(h) A quarterly fee payment shall be made by the hazardous waste facility’s operator.

(i) As authorized by RSA 147-B:8, III, the fee shall be $0.007 per kilogram, or $0.003 per pound, on hazardous wastes received by the facility from out-of-state sources during the reporting quarter.

(j) Fees paid by check or money order shall be made payable to “Treasurer, State of New Hampshire.”

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; amd by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700)

N.H. Code Admin. R. Ann. Env-Hw 705.03 Biennial Reporting

(a) On even-numbered years, the department shall prepare a biennial report as required by 40 CFR 264.75 or 40 CFR 265.75, as applicable, on behalf of each facility, other than a transfer facility, based on information provided pursuant to Env-Hw 702.02, manifest information in the electronic manifest system, and quarterly reports. Transfer facilities shall not be subject to biennial reporting requirements.

(b) If a facility has not received a biennial report from the department by February 1 of an even-numbered year, the facility shall ask the department to send a new biennial report.

(c) The operator shall:

(1) Review the biennial report for accuracy;

(2) Correct any errors;

(3) Notify the department of any needed corrections by March 1 of that year;

(4) Provide the department with any additional information necessary to complete the biennial report as required in 40 CFR 264.75 or 40 CFR 265.75, as applicable; and

(5) Submit to the department a complete copy of the biennial report by March 1 of that year, including a signed statement by the operator certifying, as specified in Env-Hw 207, the information in the report.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 700); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 705.04 Additional Reporting and Recordkeeping Requirements

(a) The operator of a facility shall report in writing to the department any instances of non-compliance that threaten public health or the environment, any planned changes to the facility, and any relevant facts that were not provided in the permit application of the facility.

(b) The operator shall comply with the reporting and recordkeeping requirements of Env-Hw 304.12, and 40 CFR 264.74, 40 CFR 265.74, 40 CFR 264.77 and 40 CFR 265.77, including requirements for saving application records, certifying facility closure, and complying with land disposal data standards and other reporting and recordkeeping duties.

(c) The operator shall submit any additional reports, for example, monitoring data, specified on the facility’s permit.

(d) All reports required by permits shall be signed and certified, as specified in Env-Hw 207, by a person described in 40 CFR 270.11.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12349, eff 8-14-17

Part Env-Hw 706 Emergency Actions; Remedial Actions

N.H. Code Admin. R. Ann. Env-Hw 706.01 Immediate Action After Any Discharge

(a) In the event of any discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land or into the air, groundwater or surface waters, the owner or operator shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(b) The owner and operator also shall comply with the emergency procedures as specified in 40 CFR 265.56.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 706.02 Discharge Cleanup

(a) The owner and operator shall immediately contain and cleanup, within 24 hours, any discharge of hazardous waste or material that, when discharged, becomes a hazardous waste.

(b) All recovered hazardous waste, contaminated soil or surface water, and any other materials that result from a discharge shall be managed in accordance with Env-Hw 500 and Env-Or 600.

(c) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours of the occurrence, the owner or operator shall comply with the requirements of Env-Or 600.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 707 Requirements for Existing Facilities

N.H. Code Admin. R. Ann. Env-Hw 707.01 Applicability

This part shall apply to:

(a) A facility that qualifies for interim status until a standard permit is issued under Env-Hw 300 or until applicable closure and post-closure requirements of Env-Hw 707.03(a)(11) are met;

(b) The owner and operator of a facility in existence on July 1, 1980, who failed to provide timely notification as first required under He-P 1905; and

(c) The owner and operator of a facility in existence on July 1, 1980, who failed to file a permit application as first required by He-P 1905.

History

• #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 707.02 General Requirements

To obtain and maintain interim status, as described under Env-Hw 304.02(e), the operator of an existing facility shall comply with this part, unless exempt pursuant to Env-Hw 701.02.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.01)

N.H. Code Admin. R. Ann. Env-Hw 707.03 Operation Requirements

(a) Operators of existing facilities shall comply with the following operation requirements:

(1) 40 CFR 265.12, required notices;

(2) 40 CFR 265.13, general waste analysis;

(3) 40 CFR 265.14, security;

(4) 40 CFR 265.15, general inspection requirements;

(5) 40 CFR 265.16, personnel training;

(6) 40 CFR 265.17, general requirements for ignitable, reactive, or incompatible wastes, including those wastes or materials listed in 40 CFR 265 Appendix V;

(7) 40 CFR 265.19, construction quality assurance program;

(8) 40 CFR 265, Subpart C, preparedness and prevention;

(9) 40 CFR 265, Subpart D, contingency plan and emergency procedures;

(10) 40 CFR 265, Subpart F, groundwater monitoring;

(11) 40 CFR 265, Subpart G, closure and post-closure; and

(12) Subject to (b), below, 40 CFR 265, Subpart H, financial requirements.

(b) The liability insurance required pursuant to 40 CFR 265.147(b)(1), identified in (a)(12), above, shall be as specified in 40 CFR 264.147(b)(1)(i) and (ii).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.02)

N.H. Code Admin. R. Ann. Env-Hw 707.04 Technical Requirements

An operator of an existing facility shall comply with the following technical requirements:

(a) 40 CFR 265.1(d);

(b) 40 CFR 265, Subpart I - use and management of containers;

(c) 40 CFR 265, Subpart J - tank systems, including:

(1) Determining the absence or presence of free liquids by using the paint filter liquids test, test method 9095B in EPA publication SW-846, available as noted in Appendix B; and

(2) The requirements for maintaining protective distances as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

(d) 40 CFR 265, Subpart K - surface impoundments;

(e) 40 CFR 265, Subpart L - waste piles;

(f) 40 CFR 265, Subpart M - land treatment;

(g) 40 CFR 265, Subpart N - landfills, including determining the absence or presence of free liquids by using the paint filter liquids test, test method 9095B in EPA publication SW-846, available as noted in Appendix B;

(h) 40 CFR 265, Subpart O - incinerators;

(i) 40 CFR 265, Subpart P - thermal treatment;

(j) 40 CFR 265, Subpart Q - chemical, physical, and biological treatment;

(k) 40 CFR 265, Subpart W - drip pads;

(l) 40 CFR 265, Subpart DD - containment buildings; and

(m) 40 CFR 265, Subpart EE - hazardous waste munitions and explosives storage.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; amd by #10739, eff 12-2-14; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.03); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 707.05 Land Disposal Restrictions

Operators of existing facilities shall comply with Env-Hw 1200 relative to restrictions on land disposal of hazardous wastes.

History

• #12349, eff 8-14-17

Part Env-Hw 708 Requirements for Facilities with a Standard Permit and/or a Transfer Facility Permit

N.H. Code Admin. R. Ann. Env-Hw 708.01 General Operation Requirements

To maintain a standard permit or a transfer facility permit, the operator of a facility or transfer facility shall comply with this part.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 708.02 Operation Requirements

(a) An operator of a facility shall comply with the following operation requirements:

(1) 40 CFR 264.12, required notices;

(2) 40 CFR 264.13, general waste analysis;

(3) 40 CFR 264.14, security;

(4) 40 CFR 264.15, general inspection requirements;

(5) 40 CFR 264.16, personnel training;

(6) 40 CFR 264.17, general requirements for ignitable, reactive, or incompatible wastes, including those wastes or materials listed in 40 CFR 264 Appendix V;

(7) 40 CFR 264.18, location standards, except that the provisions of Env-Hw 304.08(b) shall be applied in lieu of all flood mitigation provisions set forth in 40 CFR 264.18(b);

(8) 40 CFR 264.19, construction quality assurance program;

(9) 40 CFR 264, Subpart C, preparedness and prevention, except that for a transfer facility, aisle space requirements shall not apply to waste containers stored on a vehicle used to transport that waste;

(10) 40 CFR 264, Subpart D, contingency plan and emergency procedures;

(11) 40 CFR 264, Subpart F, releases from solid waste management units;

(12) 40 CFR 264, Subpart G, closure and post-closure; and

(13) Subject to (b) and (c), below, 40 CFR 264, Subpart H, financial requirements.

(b) Documents required by (a)(13), above, may be submitted in unsigned or signed form with the operator's standard permit or transfer facility permit application.

(c) If the documents required by (a)(13), above, are submitted unsigned with a permit application, the operator shall submit the documents signed:

(1) Before a permit will be issued by the department for an existing facility; or

(2) For a new facility, at least 60 days before hazardous waste is first received at the facility.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12349, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 708.03 Technical Requirements

The operator of a facility shall:

(a) Treat, store, or dispose of wastes according to best engineering judgment and with the best available technology;

(b) Design and operate the facility so as to minimize the quantity and impact of planned and non-planned releases of hazardous waste or waste constituents into the environment;

(c) Use the best available solution for managing the hazardous wastes received; and

(d) Comply with the following requirements and standards:

(1) 40 CFR 264, Subpart I - use and management of containers;

(2) 40 CFR 264, Subpart J - tank systems, including:

a. Determining the absence or presence of free liquids by using the paint filter liquids test, test method 9095B in EPA publication SW-846, available as noted in Appendix B; and

b. The requirements for maintaining protective distances as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

(3) 40 CFR 264, Subpart K - surface impoundments;

(4) 40 CFR 264, Subpart L - waste piles;

(5) 40 CFR 264, Subpart M - land treatment;

(6) 40 CFR 264, Subpart N - landfills, including determining the absence or presence of free liquids by using the paint filter liquids test, test method 9095B in EPA publication SW-846, available as noted in Appendix B;

(7) 40 CFR 264, Subpart O - incinerators;

(8) 40 CFR 264, Subpart W - drip pads;

(9) 40 CFR 264, Subpart X - miscellaneous units;

(10) 40 CFR 264, Subpart DD - containment buildings; and

(11) 40 CFR 264, Subpart EE - hazardous waste munitions and explosives storage.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 708.04 Land Disposal Restrictions

Operators of facilities shall comply with Env-Hw 1200 relative to restrictions on land disposal of hazardous wastes.

History

• #12349, eff 8-14-17

Part Env-Hw 709 Standards for the Management of Certain Hazardous Wastes and Types of Hazardous Waste Management Facilities

N.H. Code Admin. R. Ann. Env-Hw 709.01 Standards

An owner and operator shall comply with the following standards as applicable to the specific hazardous wastes and facility types:

(a) Env-Hw 805 - recyclable materials used in a manner constituting disposal;

(b) Env-Hw 806 - hazardous waste burned for energy recovery;

(c) Env-Hw 808 - recyclable materials used for precious metal recovery;

(d) Env-Hw 809 - spent lead-acid batteries being reclaimed; and

(e) 40 CFR 266, Subpart M - military munitions.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 701

RSA 147-A:3, III, IV, and XXV

40 CFR 264; 40 CFR 265

Env-Hw 702

RSA 147-A:3, III, IV, VI, and VII;

RSA 147-A:4

40 CFR 264; 40 CFR 265

Env-Hw 703-704

RSA 147-A:3, V and VI

40 CFR 264 Subpart E;

40 CFR 265 Subpart E

Env-Hw 705

RSA 147-A:3, V, and VI; RSA 147-B:8

40 CFR 264 Subpart E;

40 CFR 265 Subpart E

Env-Hw 706

RSA 147-A:3, III, IV, VI, VII, and XXV; RSA 147-A:11

40 CFR 264.56;

40 CFR 265.56

Env-Hw 707

RSA 147-A:3, III, IV, VII, and XIII

40 CFR 265

Env-Hw 708

RSA 147-A:3, III, IV, VII, and XIII

40 CFR 264

Env-Hw 709

RSA 147-A:3, IV

40 CFR 266

Appendix B: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-Hw 707.04(c)(1);

Env-Hw 707.04(g);

Env-Hw 708.03(d)(2)a.;

Env-Hw 708.03(d)(6)

EPA publication “SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, Third Edition, as amended through Update VII dated July 30, 2021

National Technical Information Service (NTIS)

5285 Port Royal Road

Springfield, VA 22161

(800) 553-NTIS [(800)-553-6847]

Free online at:

https://www.epa.gov/hw-sw846/sw-846-compendium

Env-Hw 707.04(c)(2);

Env-Hw 708.03(d)(2)b.

“Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981

National Fire Protection Association

1 Batterymarch Park

Quincy, MA 02269

(617) 770-3000, (800) 344-3555

Free online at:

https://www.nfpa.org/codes-and-standards/nfpa-30-standard-development/30

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #5053, eff 1-24-91, EXPIRED: 1-24-97
• #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17

Chapter Env-Hw 800 Requirements for Recycling of Hazardous Wastes

Part Env-Hw 801 Purpose and Definitions

N.H. Code Admin. R. Ann. Env-Hw 801.01 Purpose

The purpose of this chapter is to:

(a) Identify those materials that are to be recycled that are wastes and therefore subject to regulation under Env-Hw 804 through Env-Hw 809;

(b) Identify those materials that are to be recycled that are not wastes and therefore not subject to regulation under the hazardous waste rules; and

(c) Set forth requirements for the management of materials identified both as wastes and as hazardous wastes, that are to be recycled.

` Env-Hw 801.02 Definitions. For purposes of this chapter, the following definitions shall apply:

(a) “Hazardous waste fuel” means hazardous waste that is burned for energy recovery. The term includes fuel produced from hazardous waste by processing, blending, or other treatment. The term does not include a gas recovered from hazardous waste management activities when the gas is burned for energy recovery. For the purposes of this paragraph, “gas” means material that is in the gaseous state;

(b) “Recyclable material” means material that is:

(1) A waste as defined in Env-Hw 104;

(2) Identified as a hazardous waste in Env-Hw 400; and

(3) To be recycled as defined in (d), below;

(c) “Recyclable materials used for precious metal recovery” means recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these; and

(d) “Recycled” means used, reused, or reclaimed.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36
• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14281, eff 8-1-25; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 802 Applicability and Exemptions

N.H. Code Admin. R. Ann. Env-Hw 802.01 Applicability

Subject to Env-Hw 802.02, this chapter shall apply to the following persons who manage recyclable materials, as defined in Env-Hw 801.02(b):

(a) Generators;

(b) Transporters;

(c) Owners and operators of facilities that store recyclable materials before they are recycled, including those facilities that also recycle the materials; and

(d) Owners and operators of facilities that recycle recyclable materials without storing the materials.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 802.02 Exemptions

A recycling process itself shall not be subject to regulation under the hazardous waste rules.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08;; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 803 Classification of Materials Being Recycled

N.H. Code Admin. R. Ann. Env-Hw 803.01 Purpose

The purpose of Env-Hw 803, regarding the identification of materials as wastes, is to establish in this subtitle the equivalent of the rules set forth under 40 CFR 261.2(c) through (e), 7-1-08 edition.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 803.02 Categorization

Materials that are to be recycled, as defined in Env-Hw 801.02(d), shall be classified as follows:

(a) Materials that are wastes when recycled, as identified in Env-Hw 803.03, and therefore subject to regulation as recyclable materials under Env-Hw 804 through Env-Hw 809; and

(b) Materials that are not wastes when recycled, as identified in Env-Hw 803.04, and therefore not subject to regulation under the hazardous waste rules.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 803.03 Materials That Are Wastes When Recycled

(a) A material shall be a waste when it is recycled, or accumulated, stored, or treated before recycling, if it is:

(1) Used in a manner constituting disposal such that it is:

a. Applied to or placed on the land either without mixing or after mixing with any other substances, such as is prohibited by Env-Hw 805.02; or

b. Used to produce products that are applied to or placed on the land or is otherwise contained in products that are applied to or placed on the land, in which case the product itself shall remain a waste, unless it is a commercial chemical product listed in Env-Hw 402.04 or Env-Hw 402.05 being applied to the land in its ordinary manner of use;

(2) Subject to (c), below, burned for energy recovery such that it is:

a. Burned to recover energy; or

b. Used to produce a fuel or is otherwise contained in fuels, in which case the fuel itself shall remain a waste;

(3) Reclaimed, except those recycled materials identified in Env-Hw 803.04(b); or

(4) Accumulated speculatively, as determined in Env-Hw 807, except for the recycled materials identified in Env-Hw 803.04(c).

(b) The following recycled materials shall be wastes, even if the recycling involves use, reuse, or return to the original process, as specified in Env-Hw 803.04(a):

(1) Materials used in a manner constituting disposal, or used to produce products that are applied to the land;

(2) Materials burned for energy recovery, used to produce a fuel, or contained in fuels;

(3) Materials accumulated speculatively;

(4) Inherently waste-like material as defined in Env-Hw 103; or

(5) Materials classified by the commissioner or designee as inherently waste-like using the following criteria:

a. The materials are ordinarily disposed of, burned, or incinerated, or the materials contain toxic constituents listed in 40 CFR 261 Appendix VIII, and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process; and

b. The materials pose a hazard to human health and the environment when recycled.

(c) Notwithstanding (a)(2), above, a commercial chemical product is not a waste if it is itself a fuel.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 803.04 Materials That Are Not Wastes When Recycled

(a) Except as set forth in Env-Hw 803.03(b), a material shall not be a waste when it can be shown to be recycled by being:

(1) Used or reused as an ingredient in an industrial process to make a product, provided the material is not being reclaimed;

(2) Used or reused as an effective substitute for commercial products, provided the material is not being reclaimed; or

(3) Returned to the original process from which it is generated, without first being reclaimed or land disposed, if such material is:

a. Returned as a substitute for feedstock materials; and

b. In cases where the original process to which the material is returned is a secondary process, managed such that it is not placed on land.

(b) The following materials shall not be wastes when recycled by being reclaimed:

(1) Sludges, as defined in Env-Hw 104, that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403;

(2) By-products, as defined in Env-Hw 103, that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403;

(3) Commercial chemical products listed in Env-Hw 402.04 or Env-Hw 402.05; and

(4) Commercial chemical products not listed in Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403, except when they are recycled in ways that differ from their normal manner of use.

(c) The following materials shall not be wastes when they are accumulated speculatively, as determined in Env-Hw 807:

(1) Commercial chemical products listed in Env-Hw 402.04 or Env-Hw 402.05; and

(2) Commercial chemical products not listed in Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because they exhibit one or more of the characteristics of hazardous waste set forth in Env-Hw 403, except when they are recycled in ways that differ from their normal manner of use.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 803.05 Documentation of Claims That Recycled Materials Are Not Wastes or Are Exempt from Regulation

A person who claims that a certain recycled material is not a hazardous waste or is exempt from regulation under the hazardous waste rules shall comply with Env-Hw 401.03(j).

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 804 Requirements for Management of Recyclable Materials

N.H. Code Admin. R. Ann. Env-Hw 804.01 Requirements

(a) Recyclable materials, as defined in Env-Hw 801.02(b), shall be managed as set forth in Env-Hw 804 unless specifically exempt as specified in Env-Hw 401.03(b)(34) through (38).

(b) Except as set forth in Env-Hw 804.02, a person who manages recyclable materials shall comply with the following requirements:

(1) A generator of recyclable materials shall be subject to Env-Hw 500;

(2) A transporter of recyclable materials shall be subject to Env-Hw 600;

(3) An owner or operator of a facility that stores recyclable materials before they are recycled, including a facility that also recycles the materials, shall be subject to Env-Hw 300 and Env-Hw 700; and

(4) An owner or operator of a facility that recycles recyclable materials without storing the materials before they are recycled shall be subject to the following:

a. Notification requirements as set forth in Env-Hw 702;

b. Manifest requirements as set forth in Env-Hw 703; and

c. Biennial reporting requirements as set forth in Env-Hw 705.03.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 804.02 Requirements for Management of Specific Recyclable Materials

(a) Generators, transporters, and owners and operators of facilities that store recyclable materials before they are recycled shall not be subject to Env-Hw 804.01(b) if they manage the recyclable materials specified in (b) through (f), below, but instead shall be subject to the requirements specified therein.

(b) Recyclable materials used in a manner constituting disposal shall be managed in accordance with Env-Hw 805.

(c) Hazardous waste fuels burned for energy recovery in boilers and industrial furnaces that are not regulated under Env-Hw 707 or Env-Hw 708 shall be managed in accordance with Env-Hw 806.

(d) Used oil being recycled shall be managed in accordance with Env-Hw 1400.

(e) Recyclable materials used for precious metal recovery shall be managed in accordance with Env-Hw 808.01 through Env-Hw 808.04 or, if applicable, in accordance with Env-Hw 808.05 or Env-Hw 808.06.

(f) Spent lead-acid batteries that are being reclaimed shall be managed in accordance with Env-Hw 809 or Env-Hw 1100.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14281, eff 8-1-25; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 805 Recyclable Materials Used in a Manner Constituting Disposal

N.H. Code Admin. R. Ann. Env-Hw 805.01 Requirements That Apply to Using Recyclable Materials in a Manner Constituting Disposal

(a) Recyclable materials used in a manner constituting disposal as described in Env-Hw 803.03 shall be subject to this part.

(b) Generators and transporters of recyclable materials that are used in a manner that constitutes disposal shall be subject to the applicable requirements of Env-Hw 300, Env-Hw 500, and Env-Hw 600.

(c) Owners and operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but that are not the ultimate users of the materials, shall be subject to Env-Hw 300 and Env-Hw 700.

(d) Subject to 40 CFR 266.20(b) and (c), owners and operators of facilities that use recyclable materials in a manner that constitutes disposal shall be subject to Env-Hw 300, Env-Hw 700, and Env-Hw 1200.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 805.02 Materials Not to Be Used on Roads or Otherwise Applied to Land

(a) The materials listed in (b), below, shall not be:

(1) Used for dust suppression or road treatment; or

(2) Otherwise applied to land in a manner constituting disposal.

(b) The prohibitions in (a), above, shall apply to:

(1) Any material that is contaminated with dioxin;

(2) Any used oil as defined in Env-Hw 104; and

(3) Any hazardous waste or any material contaminated with hazardous waste.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08;; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 805.01(e)); ss by #14281, eff 8-1-25; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 806 Hazardous Waste Fuels Burned for Energy Recovery

N.H. Code Admin. R. Ann. Env-Hw 806.01 Applicability

This part shall apply to hazardous waste fuels, as defined in Env-Hw 801.02(a), that are burned for energy recovery in any boiler or industrial furnace that is not regulated under Env-Hw 707 or Env-Hw 708.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 806.02 Generator Requirements

(a) A generator of hazardous waste that is used as a fuel or to produce a fuel shall be subject to Env-Hw 500.

(b) A generator who markets hazardous waste fuel to a burner shall also be subject to Env-Hw 806.04.

(c) A generator who burns hazardous waste fuel shall also be subject to Env-Hw 806.05.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 806.03 Transporter Requirements

A transporter of hazardous waste fuel or hazardous waste that is used to produce a fuel shall be subject to Env-Hw 600.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 806.04 Hazardous Waste Fuel Marketer Requirements

(a) “Hazardous waste fuel marketer (HWF marketer)” means:

(1) A generator who markets hazardous waste fuel directly to a burner;

(2) A person who receives hazardous waste from generators and produces, processes, or blends hazardous waste fuel from the hazardous waste; and

(3) A person who distributes but does not process or blend hazardous waste fuel.

(b) A HWF marketer shall be subject to:

(1) The notification requirements of Env-Hw 702;

(2) The permitting requirements of Env-Hw 300, if applicable;

(3) The accumulation and storage requirements set forth in Env-Hw 500 and Env-Hw 700; and

(4) The requirements set forth in Env-Hw 500 when a HWF marketer initiates a shipment of hazardous waste fuel.

(c) A HWF marketer shall notify the department of hazardous waste fuel activities even if the HWF marketer has previously obtained an EPA identification number for other hazardous waste management activities.

(d) Before a HWF marketer initiates the first shipment of hazardous waste fuel to a burner or another HWF marketer, the HWF marketer shall obtain a one-time written and signed notice from the recipient certifying both pursuant to Env-Hw 207 and that:

(1) The recipient of the fuel has notified the department to identify the recipient’s hazardous waste fuel activities; and

(2) If the recipient is a hazardous waste fuel burner, as defined in Env-Hw 806.05(a), the recipient will burn the hazardous waste fuel only in an industrial furnace or boiler identified in Env-Hw 806.05(g).

(e) A person shall only market hazardous waste fuel:

(1) To persons who have notified the department of their hazardous waste fuel activities and have an EPA identification number; and

(2) If the fuel is burned, to persons who burn the fuel in boilers or industrial furnaces identified in Env-Hw 806.05(g).

(f) Before accepting the first shipment of hazardous waste fuel from another HWF marketer, the receiving HWF marketer shall provide the shipping HWF marketer with a one-time written and signed statement certifying both pursuant to Env-Hw 207 and that the receiving HWF marketer has notified the department as specified in (b)(1) and (c), above, to identify hazardous waste fuel activities.

(g) In addition to the applicable recordkeeping requirements of Env-Hw 500 and Env-Hw 700, the HWF marketer shall keep, for 3 years from the date the HWF marketer last engages in a hazardous waste fuel marketing transaction with the person who sends or receives the certification notice, a copy of each certification notice the HWF marketer receives or sends.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 806.05 Hazardous Waste Fuel Burner Requirements

(a) “Hazardous waste fuel burner (HWF burner)” means an owner or operator of an industrial furnace or boiler identified in (g), below, that burns hazardous waste fuel.

(b) A HWF burner shall:

(1) Notify the department of its hazardous waste fuel activities in accordance with Env-Hw 702; and

(2) Comply with the following storage requirements:

a. For accumulation for less than 90 days by generators who burn their hazardous waste fuel on site, the accumulation and storage requirements as set forth in Env-Hw 500; and

b. For existing or new storage facilities, the applicable provisions of Env-Hw 300 and Env-Hw 700.

(c) A HWF burner shall notify the department of hazardous waste fuel activities even if the HWF burner has previously obtained an EPA identification number for other hazardous waste management activities.

(d) An owner or operator of a facility who intends to burn hazardous waste fuel shall obtain any required permits relating to control of air emissions from the department under RSA 125-C prior to burning such fuels.

(e) Before accepting the first shipment of hazardous waste fuel from a HWF marketer, the HWF burner shall provide the marketer a one-time written and signed notice certifying both pursuant to Env-Hw 207 and that:

(1) The HWF burner has notified the department of the burner’s hazardous waste fuel activities; and

(2) The HWF burner will burn the fuel only in a boiler or furnace as identified in (g), below.

(f) In addition to the applicable recordkeeping requirements of Env-Hw 500 and Env-Hw 700, a HWF burner shall keep, for 5 years from the date the burner last receives hazardous waste fuel from that marketer, a copy of each certification notice that the burner sends to a marketer.

(g) Hazardous waste fuel shall be burned for energy recovery in the following devices only:

(1) Industrial furnaces as defined in Env-Hw 103; or

(2) Boilers, as defined in Env-Hw 103, that are:

a. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or

b. Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale.

(h) No fuel that contains any hazardous waste shall be burned in any cement kiln located within the boundaries of any incorporated municipality having a population greater than 500,000, based on the most recent federal census statistics, unless such kiln fully complies with Env-Hw 707.04(h) and Env-Hw 708.03(d)(7) as applicable to incinerators.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 807 Speculative Accumulation

N.H. Code Admin. R. Ann. Env-Hw 807.01 Identification of Speculative Accumulation

Revision Note:

Document #14282, effective 8-1-25, readopted with amendments Part Env-Hw 807 titled “Requirements for Management of Used Oil Being Recycled” and renumbered the rule as a new Chapter Env-Hw 1400 titled “Requirements for Management of Used Oil Being Recycled”, containing Part Env-Hw 1401 through Part Env-Hw 1410. Part Env-Hw 807 was reserved for future rulemaking. Chapter Env-Hw 1400 in Document #14282 replaced all prior filings affecting the former Part Env-Hw 807. See Revision Note at chapter heading for Chapter Env-Hw 1400.

(a) A material that is accumulated before being recycled shall be deemed to be accumulated speculatively, unless the person accumulating the material can show that:

(1) The material has potential to be recycled;

(2) A feasible means of recycling exists for the material; and

(3) During the calendar year commencing on January 1, at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period is:

a. Recycled at the site where it is accumulated; or

b. Transferred to a different site for recycling.

(b) Compliance with (a)(3), above, shall be determined as follows:

(1) In calculating the percentage of turnover, the 75 percent requirement shall be applied to each material of the same type that is recycled in the same way; and

(2) Materials exempt under Env-Hw 401.03(b)(12) shall not be included in making the calculation.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36 (formerly Env-Hw 811.01)

Part Env-Hw 808 Recyclable Materials Used for Precious Metal Recovery

N.H. Code Admin. R. Ann. Env-Hw 808.01 Applicability and Exemptions

(a) This part shall apply to recyclable materials used for precious metal recovery and any person who generates, transports, or stores recyclable materials used for precious metal recovery, except as specified in Env-Hw 808.06.

(b) Subject to Env-Hw 808.02, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 500 shall not apply to a person who generates recyclable materials used for precious metal recovery.

(c) Subject to Env-Hw 808.03, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 600 shall not apply to a person who transports recyclable materials used for precious metal recovery.

(d) Subject to Env-Hw 808.04, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 300 and Env-Hw 700 shall not apply to a person who stores recyclable materials used for precious metal recovery.

History

• #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 808.02 Generator Requirements

Any person who generates recyclable materials used for precious metal recovery shall comply with:

(a) The notification requirements of Env-Hw 504;

(b) The manifest requirements of Env-Hw 510;

(c) For precious metals exported to or imported from other countries for recovery, 40 CFR 262 Subpart H and 40 CFR 265.12; and

(d) As applicable, either:

(1) The very small quantity generator self-certification requirements of Env-Hw 514; or

(2) The certified hazardous waste coordinator requirements of Env-Hw 509.04.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10494, eff 1-1-14; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.01); ss by #12922, eff 11-23-19; ss by #14281, eff 8-1-25; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 808.03 Transporter Requirements

Any person who transports recyclable materials used for precious metal recovery shall comply with:

(a) The notification requirements of Env-Hw 602;

(b) The manifest requirements of Env-Hw 604;

(c) The delivery requirements of Env-Hw 606;

(d) The registration requirements of Env-Hw 609; and

(e) For precious metals exported to or imported from other countries for recovery, 40 CFR 262 Subpart H and 40 CFR 265.12.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.02); ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 808.04 Storage Facility Requirements

Any person who stores recyclable materials used for precious metal recovery shall:

(a) Comply with:

(1) The notification requirements of Env-Hw 702;

(2) The manifest requirements of Env-Hw 703; and

(3) For precious metals exported to or imported from other countries for recovery, 40 CFR 262 Subpart H and 40 CFR 265.12; and

(b) To document that the materials are not being accumulated speculatively, as determined under Env-Hw 807, maintain records of:

(1) The amount of materials stored at the beginning of the calendar year;

(2) The amount of materials generated or received during the calendar year; and

(3) The amount of materials remaining at the end of the calendar year.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.03); ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 808.05 Speculative Accumulation of Recyclable Materials Used for Precious Metal Recovery

Recyclable materials used for precious metal recovery that are accumulated speculatively, as determined under Env-Hw 807, shall be regulated as hazardous wastes under Env-Hw 100-700 and not regulated as recyclable materials under this chapter.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.04); ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 808.06 Increased Regulation of Recyclable Materials Used for Precious Metal Recovery

(a) Any person who accumulates or stores recyclable materials used for precious metal recovery in a manner that does not protect human health and the environment, as determined in accordance with 40 CFR 260.40, shall comply with Env-Hw 300, 500, 600, and 700, as applicable.

(b) For purposes of making a determination pursuant to (a), above, the department shall use the standards and procedures established in 40 CFR 260.40 and 40 CFR 260.41, with the following modifications:

(1) “Regional administrator” or “administrator” shall mean the commissioner or designee;

(2) “Subparts A, C, D, and E of part 262 of this chapter” and “part 262” as used in 40 CFR 260.41(a) shall mean Env-Hw 500, Env-Hw 600, and Env-Hw 700; and

(3) “Parts 270 and 124 of this chapter” as used in 40 CFR 260.41(b) shall mean Env-Hw 300.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly Env-Hw 808.05); ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 809 Spent Lead-Acid Batteries Being Reclaimed

N.H. Code Admin. R. Ann. Env-Hw 809.01 Applicability

(a) This part shall apply to any person who:

(1) Generates or collects spent lead-acid batteries destined for reclamation;

(2) Transports spent lead-acid batteries destined for reclamation;

(3) Reclaims spent lead-acid batteries; or

(4) Exports or imports spent lead-acid batteries for reclamation.

(b) The reclamation of spent lead-acid batteries through regeneration, such as by electrolyte replacement, shall be subject to Env-Hw 400 and Env-Hw 502, but shall not otherwise be subject to the hazardous waste rules.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 809.02 Requirements for Persons Who Generate, Collect, or Store But Do Not Reclaim

Any person who generates, collects, or stores spent lead-acid batteries destined for reclamation, other than through regeneration, but does not reclaim them shall:

(a) Store the batteries in a manner designed to ensure that the battery housings do not break or leak acid onto the soil or into any groundwaters or surface waters; and

(b) Comply with Env-Hw 400, Env-Hw 502, and the applicable requirements of Env-Hw 1200.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 809.03 Transporter Requirements

A transporter of lead-acid batteries destined for reclamation, other than through regeneration, shall:

(a) Ensure that the batteries are loaded and braced so as to prevent damage and short circuits while in transit;

(b) Comply with 49 CFR 173.159(e), Saf-C 600, Env-Hw 400, Env-Hw 502, and the applicable requirements of Env-Hw 1200; and

(c) If transporting within the United States to export the batteries for reclamation in a foreign country, comply with the applicable requirements of 40 CFR 262 Subpart H.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 809.04 Reclamation Facility Requirements

An owner or operator of a facility at which spent lead-acid batteries are reclaimed other than through regeneration shall:

(a) Comply with Env-Hw 400, Env-Hw 502, and the applicable requirements of Env-Hw 1200; and

(b) If spent lead-acid batteries are stored at the facility prior to reclamation, the owner or operator shall be subject to the:

(1) Storage facility permit requirements specified in Env-Hw 300; and

(2) Facility requirements specified in Env-Hw 700, except for:

a. The waste analysis requirements of Env-Hw 707.03(a)(2) and Env-Hw 708.02(a)(2); and

b. The manifest requirements of Env-Hw 703.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 809.05 Exporter Requirements

An exporter of spent lead-acid batteries destined for reclamation in a foreign country shall be subject to Env-Hw 400, Env-Hw 502, Env-Hw 504, and 40 CFR 262 Subpart H.

History

• #12350, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 809.06 Importer Requirements

(a) An importer of spent lead-acid batteries that will be reclaimed other than through regeneration shall comply with Env-Hw 400, Env-Hw 502, Env-Hw 504, the applicable requirements of Env-Hw 1200, and 40 CFR 262 Subpart H.

(b) In addition to the requirements in (a), above, an importer who stores spent lead-acid batteries before reclaiming them other than through regeneration shall be subject to Env-Hw 809.04(b).

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 801

RSA 147-A:3, I and IV

40 CFR 261; 40 CFR 266; and 40 CFR 279

Env-Hw 802

RSA 147-A:3, I

40 CFR 261

Env-Hw 803

RSA 147-A:3, I and VI

40 CFR 261

Env-Hw 804

RSA 147-A:3, IV

40 CFR 261; 40 CFR 266; and 40 CFR 279

Env-Hw 805

RSA 147-A:3, IV

40 CFR 266

Env-Hw 806

RSA 147-A:3, IV and VI

40 CFR 266

Env-Hw 807

RSA 147-A:3, IV and VI

40 CFR 261

Env-Hw 808

RSA 147-A:3, III, IV, V, and VI;

RSA 147-A:5, III and IV

40 CFR 266

Env-Hw 809

RSA 147-A:3, III, IV, and VI

40 CFR 266

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #12922, eff 11-23-19; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36

Chapter Env-Hw 900 Inspection and Enforcement

Part Env-Hw 901 Applicability

N.H. Code Admin. R. Ann. Env-Hw 901.01 Applicability

Any person, as defined in Env-Hw 104, who is subject to the hazardous waste rules and who violates the requirements of, or refuses to comply with, any of the provisions of the rules shall be subject to the enforcement, liability, confiscation, and penalty provisions set forth in RSA 147-A.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 902 Right of Inspection

N.H. Code Admin. R. Ann. Env-Hw 902.01 Right of Inspection

As authorized by RSA 147-A:7, I, the department through its personnel or other authorized representatives shall, upon presentation of appropriate credentials and at any reasonable time:

(a) Inspect any property or premises, including generator, treatment, storage, or disposal facilities and transporter vehicles and transfer facilities;

(b) Gather evidence on existing conditions and procedures;

(c) Obtain representative samples of containers, materials, or wastes;

(d) Conduct tests, analyses, and evaluations;

(e) Photograph containers, tanks, labels, processes, or conditions related to hazardous waste generation, treatment, storage, transportation, or disposal; and

(f) Inspect and copy any pertinent records, reports of information, or test results relating to the requirements of the hazardous waste rules.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 903 Inspection Procedure

N.H. Code Admin. R. Ann. Env-Hw 903.01 Credential Presentation

(a) In conducting investigations and inspections, department personnel or other authorized representatives shall present their credentials to the property owner or representative or to the company representative present.

(b) Upon being presented with credentials, the property owner or representative or company representative shall allow department personnel to enter the premises. Under no circumstances shall any department personnel be required to sign a waiver or confidentiality agreement as a condition of entering and inspecting the facility.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 903.02 Inspection Reports

Upon conducting an investigation or an inspection, the department shall:

(a) Make a report that includes a listing of the violations found during the inspection, if any;

(b) Maintain the report on file at the department; and

(c) Provide a copy of the report to the owner or operator or the owner’s or operator’s agent, if requested, upon completion of the final inspection report.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12351, eff 8-14-17; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 904 Fines Relating to Hazardous Waste Management

N.H. Code Admin. R. Ann. Env-Hw 904.01 Fines Relating to Hazardous Waste Statutory Violations

For violating any requirement set out in RSA 147-A, the proposed fine shall be $2,000 per violation, event, unit, requirement, or provision of an administrative order, or any combination thereof.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 904.02 Fines Relating to Limited Permits

(a) For operating an elementary neutralization unit or wastewater treatment unit without a limited permit in violation of Env-Hw 304.04, or for continuing to operate under a limited permit after its expiration date without requesting to renew the permit in accordance with Env-Hw 304.04(n), the proposed fine shall be $2,000 per unit in operation.

(b) For failing to conduct inspections of an elementary neutralization unit or wastewater treatment unit that is operating under a limited permit, in accordance with the schedule prepared pursuant to Env‑Hw 304.04(f), the proposed fine shall be $1,750 per inspection not conducted.

(c) For failing to document inspections of an elementary neutralization unit or wastewater treatment unit that is operating under a limited permit, in violation of Env-Hw 304.04(f), the proposed fine shall be $1,250 per record not maintained.

(d) For failing to submit a written report to the department within 15 days after any spill or leakage of hazardous waste from an elementary neutralization unit or wastewater treatment unit, in violation of Env‑Hw 304.04(i), the proposed fine shall be $1,000 per report not timely provided per event.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 904.03 Fines Relating to Hazardous Waste Determinations, Generator Notification, and EPA Identification Numbers

(a) For failing to accurately determine whether a waste is a hazardous waste in violation of Env-Hw 502.01(a), the proposed fine shall be $2,000 per determination not accurately made.

(b) For failing to maintain written records supporting waste determinations made in accordance with Env‑Hw 502.01(a) in violation of Env-Hw 502.01(d), the proposed fine shall be $250 per record.

(c) For failing to notify the department prior to conducting hazardous waste activities in violation of Env‑Hw 504.02(a), the proposed fine shall be $2,000 for small and large quantity generators and $1,000 for very small quantity generators.

(d) For failing to obtain a temporary EPA identification number when a generator of hazardous waste is required to manifest hazardous waste due to a one-time, non-recurrent, temporary event that is not related to normal production processes in violation of Env‑Hw 504.04(a), the proposed fine shall be $1,000.

(e) For failing to notify the department orally or in writing of any changes to the information provided pursuant to Env-Hw 504.02(a) as required by Env-Hw 505.01(a), within 30 days of the effective date of any change, the proposed fine shall be $250 for small and large quantity generators and $100 for very small quantity generators.

(f) For failing to notify the department on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of changes to the information required in Env-Hw 504.02(a) other than those specified in Env-Hw 505.01(a), within 30 days of the effective date of any change, in violation of Env-Hw 505.01(b), the proposed fine shall be $500 for small and large quantity generators and $250 for very small quantity generators.

(g) For a very small quantity generator or small quantity generator failing to notify the department within 30 days after ceasing hazardous waste activities in violation of Env-Hw 505.04(a)(2), the proposed fine shall be $750.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 904.04 Fines Relating to Generator Accumulation of Hazardous Waste

(a) For failing to position each container of hazardous waste so that its hazardous waste label or marking is not hidden by walls or other containers in violation of Env-Hw 507.02(a), the proposed fine shall be $100 per container.

(b) For storing hazardous waste containers on surfaces that are not impervious in violation of Env‑Hw 507.02(b), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non‑conforming storage area.

(c) For storing hazardous waste containers in an area with a functional floor drain or manhole or in or near a sink with a functional drain present without secondary containment capable of containing the volume of the largest capacity hazardous waste container present in violation of Env-Hw 507.02(c), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.

(d) For storing hazardous waste containers outdoors without being covered to prevent precipitation from coming in contact with the top of the containers in violation of Env-Hw 507.02(e)(1), the proposed fine shall be between $250 and $2,000, based upon the volume of hazardous waste stored in each non-conforming storage area.

(e) For failing to provide adequate secondary containment for hazardous waste containers stored outdoors in violation of Env-Hw 507.02(e)(2)a., the proposed fine shall be $1,000 per storage area.

(f) For failing to keep secondary containment covered for hazardous waste containers stored outdoors in violation of Env-Hw 507.02(e)(2)b., the proposed fine shall be $500 per secondary containment structure.

(g) For outdoor storage of hazardous waste containers within any of the distances in Env-Hw 507.02(e)(3), the proposed fine shall be between $250 and $2,000 per container based on the volume of each container.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 904.05 Fines Relating to Certified Hazardous Waste Coordinator and Very Small Quantity Generator Self-Certification Requirements

(a) For failing to have a hazardous waste coordinator certified by the department pursuant to Env‑Hw 515 on staff and physically at the facility where the hazardous waste is generated for the hours per week specified in Env-Hw 509.04(a), the proposed fine shall be $50 for each week without a coordinator for the specified hours per week.

(b) For failing to have a hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for the time periods specified in Env-Hw 509.04(b), the proposed fine shall be $250 per 30 consecutive days without a coordinator, or $500 per year in which the facility is without a coordinator for more than 45 total working days.

(c) For failing to make available to the department upon request documentation to demonstrate that the generator is in compliance with the conditions set out in Env-Hw 509.04(a) or (b), or a combination thereof, in violation of Env-Hw 509.04(c), the proposed fine shall be $500 per request not satisfied.

(d) For failing to submit the declaration required by Env-Hw 514.03(e) by the date specified therein, the proposed fine shall be $500 per declaration not submitted.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 904.06 Fines Relating to Manifest and Delivery Requirements for Generators

(a) For transporting, offering hazardous waste for transport, or otherwise causing hazardous waste to be sent to a facility that is not a designated facility or not otherwise authorized to receive the generator’s hazardous waste in violation of Env-Hw 501.01(d), the proposed fine shall be $2,000 per load delivered to an unauthorized facility.

(b) For failing to use a manifest for shipments of hazardous waste in violation of Env-Hw 510.01(a), the proposed fine shall be $2,000 per shipment.

(c) For failing to forward one legible copy of the manifest, with signatures, to the department within 5 days of shipment in violation of Env-Hw 510.02(a)(5)b. and Env-Hw 510.02(b)(5)b., the proposed fine shall be $100 per manifest.

(d) For failing to properly complete a manifest for shipments of hazardous waste in violation of Env‑Hw 510.03, the proposed fine shall be $500 per shipment.

(e) For a small or large quantity generator delivering or offering hazardous waste to a facility that has not obtained an EPA identification number in violation of Env-Hw 511.01(b)(1), the proposed fine shall be $2,000 per load delivered or offered.

(f) For a small or large quantity generator delivering or offering hazardous waste to a transporter that does not possess an EPA identification number or a current and valid New Hampshire hazardous waste transporter registration in violation of Env‑Hw 511.01(b)(2), the proposed fine shall be $2,000 per load delivered or offered.

(g) For a very small or small quantity generator failing to submit the required documentation when the generator has not received a copy of the signed manifest within 60 days of shipment in violation of Env-Hw 511.01(c) or (e), the proposed fine shall be $100 per submittal not made.

(h) For a large quantity generator failing to submit an exception report when the generator has not received a copy of the signed manifest within 60 days of shipment in violation of Env-Hw 511.01(g) or (h), the proposed fine shall be $100 per report not submitted.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.09)

N.H. Code Admin. R. Ann. Env-Hw 904.07 Fines Relating to Recordkeeping and Reporting Requirements for Generators

(a) For failing to keep the manifest copies identified in Env-Hw 512.01(a)(1) for the period specified, the proposed fine shall be $750 per copy certified by the designated facility and $250 per original generator copy.

(b) For failing to keep the records identified in Env-Hw 512.01(a)(2) through (12) for the period specified, the proposed fine shall be $250 per record.

(c) For failing to notify the department of any needed corrections within 30 days of receipt of a quarterly activity report or failing to certify the report in violation of Env‑Hw 512.02(e)(2) and (3), the proposed fine shall be $250 per quarterly report.

(d) For failing to submit a certified copy of the quarterly activity report in violation of Env-Hw 512.02(e)(4), the proposed fine shall be $750 per certified copy of a quarterly report not submitted.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.10)

N.H. Code Admin. R. Ann. Env-Hw 904.08 Fines Relating to Hazardous Waste Transporter Requirements

(a) For transporting hazardous waste into or within the state of New Hampshire without having a transporter registration issued by the department in violation of Env-Hw 602.01, the proposed fine shall be $2,000 per load transported.

(b) For failing to notify the department prior to conducting hazardous waste activities in violation of Env-Hw 602.02(a), the proposed fine shall be $2,000.

(c) For transporting hazardous waste without having received an EPA identification number in violation of Env-Hw 602.02(d), the proposed fine shall be $1,000 per load transported.

(d) For failing to transport hazardous waste in accordance with the manifest requirements of 40 CFR 263.20(a) through (g) in violation of Env-Hw 604.01(a), the proposed fine shall be $2,000 per load transported.

(e) For failing to verify the generator EPA identification number in violation of Env-Hw 604.01(b), the proposed fine shall be $250 per manifest used without a valid generator EPA identification number.

(f) For failing to immediately report a discharge of hazardous waste or material in violation of Env-Hw 608.01(a), the proposed fine shall be $2,000 per discharge.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.12)

N.H. Code Admin. R. Ann. Env-Hw 904.09 Fines Relating to Hazardous Waste Facilities/Hazardous Waste Transfer Facilities

(a) For failing to notify the department prior to conducting hazardous waste activities in violation of Env‑Hw 702.01, the proposed fine shall be $2,000.

(b) For failing to notify the department of changes to notification information in violation of Env‑Hw 702.02(b), the proposed fine shall be $500 per event that caused the information to change.

(c) For delivering or offering hazardous waste to a facility that has not obtained an EPA identification number in violation of Env-Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.

(d) For delivering or offering hazardous waste to a transporter that does not possess an EPA identification number or a current and valid New Hampshire hazardous waste transporter registration in violation of Env‑Hw 703.01(a), the proposed fine shall be $2,000 per load delivered or offered.

(e) For failing to keep a written operating record for the period required by Env-Hw 705.01(e), the proposed fine shall be $750 per record not kept.

(f) For failing to immediately report a discharge of hazardous waste or material in violation of Env-Hw 706.01(a), the proposed fine shall be $2,000 per discharge.

(g) For failing to provide security measures at outdoor central accumulation areas in violation of Env‑Hw 708.02(a)(3), the proposed fine shall be $1,750 per area.

(h) For failing to train personnel who handle hazardous waste in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $1,750 per individual not trained for initial training and $1,000 per individual per annual review not provided.

(i) For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(1) through (d)(3), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $750 per document or record not maintained.

(j) For failing to maintain training documents or records at the facility as required by 40 CFR 264.16(d)(4), in violation of Env-Hw 708.02(a)(5), the proposed fine shall be $500 per document or record not maintained.

(k) For failing to post a “No Smoking” sign wherever there is a hazard from ignitable or reactive waste in violation of Env-Hw 708.02(a)(6), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per accumulation area without a “No Smoking” sign.

(l) For failing to comply with the requirements for ignitable, reactive, or incompatible waste other than those mentioned in (k) above, in violation of Env-Hw 708.02(a)(6), the proposed fine shall be $2,000 per requirement not met.

(m) For failing to mark hazardous waste containers or tanks with the words “Hazardous Waste”, words that identify the contents, all applicable EPA and NH hazardous waste numbers, an indication of the hazards of the contents, the date upon which each period of accumulation begins, or the date the onsite accumulation limit is reached, as applicable, in violation of Env-Hw 708.02(a)(9), the proposed fine for each requirement not satisfied per container or tank shall be between $25 and $500, based on the volume of each container or tank.

(n) For failing to post emergency response information in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,000, as calculated pursuant to Table 9.1, per area that lacks the required emergency response information.

(o) For failing to design, construct, maintain, and operate a facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $2,000 per violation.

(p) For failing to maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency in violation of Env-Hw 708.02(a)(9), the proposed fine shall be $100 per instance of obstruction.

(q) For failing to maintain spill control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where spill control equipment was required and not maintained.

(r) For failing to maintain fire control equipment in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $500 and $1,250, as calculated pursuant to Table 9.1, per area where fire control equipment was required and not maintained.

(s) For failing to maintain an internal communication or alarm system and an external communication system in violation of Env‑Hw 708.02(a)(9), the proposed fine shall be $1,250.

(t) For failing to comply with the preparedness and prevention requirements other than those specified in (m)-(s) above, in violation of Env-Hw 708.02(a)(9), the proposed fine shall be between $100 and $1,250 per requirement not met.

(u) For failing to have at least one employee designated as the emergency coordinator who is either on the facility premises or on call, with the responsibility for coordinating all emergency response measures in violation of Env-Hw 708.02(a)(10), the proposed fine shall be between $500 and $2,000, as calculated pursuant to Table 9.1, per facility that did not designate an emergency coordinator.

(v) For failing to maintain an adequate contingency plan in violation of Env-Hw 708.02(a)(10), the proposed fine shall be $2,000.

(w) For failing to comply with Env-Hw 708.02(a)(12) relative to closure and post-closure, the proposed fine shall be $2,000 per violation.

(x) For accumulating hazardous waste in a container that does not meet the requirements of Env‑Hw 708.03(d)(1), the proposed fine for each requirement not satisfied shall be between $100 and $1,000 based on the volume of the container.

(y) For failing to inspect areas where hazardous waste containers are stored in violation of Env‑Hw 708.03(d)(1), the proposed fine shall be $350 per inspection per area.

(z) For failing to comply with the special requirements for ignitable or reactive waste or for incompatible wastes in violation of Env-Hw 708.03(d)(1), the proposed fine shall be $2,000 per violation.

(aa) For failing to conduct daily inspections of hazardous waste tanks in violation of Env‑Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per tank.

(ab) For failing to comply with the tank management standards other than those specified in (aa) above, in violation of Env-Hw 708.03(d)(2), the proposed fine shall be between $250 and $2,000, as calculated pursuant to Table 9.1, per violation.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.13); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 904.10 Fines Relating to Recycling of Hazardous Wastes

(a) For failing to meet the notification requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)a., the proposed fine shall be $2,000.

(b) For failing to meet the manifest requirements for facilities that recycle recyclable materials without storing the materials beforehand in violation of Env-Hw 804.01(b)(4)b., the proposed fine shall be $1,750 per shipment received.

(c) For failing to store spent lead-acid batteries destined for reclamation in a manner designed to ensure that battery housings do not break or leak acid onto the soil or into any groundwaters or surface waters in violation of Env-Hw 809.02, the proposed fine shall be $250 per storage area.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.14)

N.H. Code Admin. R. Ann. Env-Hw 904.11 Fines Relating to Requirements for All Universal Waste Handlers

(a) For failing to manage universal waste in a way that prevents the release of the universal waste, or any component of the universal waste, to the environment in violation of Env-Hw 1102.03(b), the proposed fine shall be $1,750 per violation.

(b) For failing to keep universal waste containers closed, except to add or remove universal waste, in violation of Env-Hw 1102.03(c)(1), the proposed fine shall be $15 per container.

(c) For failing to store universal waste in a container that is compatible with the universal waste and its contents in violation of Env-Hw 1102.03(c)(2), the proposed fine shall be $1,250 per container.

(d) For failing to store universal waste in containers that are free of defects, design characteristics, or damage that could result in leakage, spillage, or other environmental releases in violation of Env‑Hw 1102.03(c)(3), the proposed fine shall be $750 per container.

(e) For accumulating universal waste for longer than one year from the date the universal waste becomes a waste or is received from another universal waste handler in violation of Env-Hw 1102.04(a)(1), the proposed fine shall be $150 per item or per container.

(f) For failing to demonstrate the length of time that universal waste has been accumulated from the date it becomes a waste in violation of Env-Hw 1102.04(a)(2), the proposed fine shall be $1,750.

(g) For failing to cover universal waste stored outside to prevent precipitation from coming in contact with the waste or containers in which the waste is stored in violation of Env-Hw 1102.05, the proposed fine shall be $25 per item or per container.

(h) For sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination in violation of Env-Hw 1102.07(a), the proposed fine shall be $1,750 per shipment.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.15)

N.H. Code Admin. R. Ann. Env-Hw 904.12 Fines Relating to Requirements for Large Quantity Handlers and Very Large Quantity Handlers of Universal Waste

(a) For failing to notify the department, before accumulating greater than or equal to 5,000 kilograms of universal waste for large quantity handlers or 20,000 kilograms of universal waste for very large quantity handlers, by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in violation of Env-Hw 1104.03, the proposed fine shall be $1,000 for large quantity handlers and $2,000 for very large quantity handlers.

(b) For failing to ensure all employees are thoroughly familiar with proper waste handling and emergency procedures relative to their responsibilities during normal operations and emergencies in violation of Env‑Hw 1104.04, the proposed fine shall be $500 per employee for large quantity handlers and $750 per employee for very large quantity handlers.

(c) For failing to keep a record of each shipment of universal waste received at the accumulation site in violation of Env-Hw 1104.05(a) and (c), the proposed fine shall be $50 per shipment for large quantity handlers and $75 per shipment for very large quantity handlers.

(d) For failing to keep a record of each shipment of universal waste sent by the universal waste handler to another facility in violation of Env-Hw 1104.06(a) and (c), the proposed fine shall be $50 per shipment for large quantity handlers and $75 per shipment for very large quantity handlers.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.16)

N.H. Code Admin. R. Ann. Env-Hw 904.13 Fines Relating to Requirements for Very Large Quantity Handlers of Universal Waste

(a) For storing universal waste outside within a 100-year floodplain in violation of Env-Hw 1105.03, the proposed fine shall be $250 per container.

(b) For failing to conduct weekly inspections of areas where universal waste is stored in violation of Env‑Hw 1105.04(a), the proposed fine shall be $50 per inspection per area.

(c) For failing to have a contingency plan on-site in violation of Env-Hw 1105.05, the proposed fine shall be $1,000.

(d) For failing to keep preparedness and prevention equipment appropriate for the types and quantities of waste being accumulated on-site at all times in violation of Env-Hw 1105.06(a), the proposed fine shall be $1,250.

(e) For failing to maintain a path to and within the universal waste storage area to allow the unobstructed movement of personnel, fire control equipment, spill control equipment, and decontamination equipment to any area of the universal waste storage area in violation of Env-Hw 1105.06(b), the proposed fine shall be $1,250 per storage area.

(f) For failing to post emergency telephone numbers and information at the nearest telephone to each universal waste pesticide storage area in violation of Env-Hw 1105.06(c), the proposed fine shall be $750 per storage area.

(g) For failing to provide security measures at all outdoor universal waste storage areas in violation of Env-Hw 1105.07(a), (b), and (c), the proposed fine for each requirement not satisfied shall be $1,000 per storage area.

(h) For failing to meet the closure requirements of Env-Hw 1105.08, the proposed fine shall be $2,000.

(i) For failing to meet the financial assurance requirements of Env-Hw 1105.09, the proposed fine shall be $2,000.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.17)

N.H. Code Admin. R. Ann. Env-Hw 904.14 Fines Relating to Management of Specific Universal Wastes

(a) For failing to label or mark universal waste batteries or containers holding batteries with the words "Universal Waste - Battery(ies)," "Waste Battery(ies)," or "Used Battery(ies)" in violation of Env-Hw 1109.04, the proposed fine shall be $10 per battery or $50 per container.

(b) For failing to label or mark containers holding universal waste pesticides with the words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)" in violation of Env-Hw 1110.05(a)(2) and Env-Hw 1110.05(b), the proposed fine shall be $100 per container.

(c) For failing to label or mark universal waste mercury-containing devices or containers holding mercury-containing devices with the words "Universal Waste - Mercury-Containing Device(s)," "Waste Mercury-Containing Device(s)," or "Used Mercury-Containing Device(s)" in violation of Env-Hw 1111.04, the proposed fine shall be $100 per device or container.

(d) For failing to place universal waste lamps in containers in violation of Env-Hw 1112.03(a), the proposed fine shall be $10 per lamp.

(e) For intentionally crushing or dismantling universal waste lamps without obtaining a permit in accordance with Env-Hw 300 in violation of Env-Hw 1112.03(b), the proposed fine shall be $2,000.

(f) For failing to label or mark containers holding universal waste lamps with the words "Universal Waste - Lamp(s)," "Waste Lamp(s)," or "Used Lamp(s)" in violation of Env-Hw 1112.04, the proposed fine shall be $50 per container.

(g) For failing to label or mark universal waste cathode ray tubes or containers holding intact, shredded, or broken universal waste cathode ray tubes with the words “Universal Waste - Cathode Ray Tubes,” “Waste Cathode Ray Tube(s),” or “Used Cathode Ray Tube(s)” in violation of Env-Hw 1113.04, the proposed fine shall be $10 per cathode ray tube or $50 per container.

(h) For failing to label or mark containers or tanks holding universal waste antifreeze with the words "Universal Waste -Antifreeze," "Waste Antifreeze," or "Used Antifreeze" in violation of Env-Hw 1114.04, the proposed fine shall be between $10 and $250 per container or tank based on the volume of each container or tank.

(i) For failing to label or mark containers holding universal waste aerosol cans with the words “Universal Waste – Aerosol Can(s),” “Waste Aerosol Can(s),” or “Used Aerosol Can(s)” in violation of Env-Hw 1115.04, the proposed fine shall be $50 per container.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.18)

N.H. Code Admin. R. Ann. Env-Hw 904.15 Fines Relating to Hazardous Waste Pharmaceuticals

(a) If a healthcare facility fails to notify the department that it is operating under Env-Hw 1300 in violation of Env-Hw 1302.02(c)(1), the proposed fine shall be $1,000.

(b) If a healthcare facility fails to notify the department that it is withdrawing from operating under Env‑Hw 1300 in violation of Env-Hw 1302.02(c)(1), the proposed fine shall be $250.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 904.19)

N.H. Code Admin. R. Ann. Env-Hw 904.16 Fines Relating to Management of Used Oil Being Recycled

(a) For failing to determine the total halogen content of the used oil they are handling in violation of Env-Hw 1405.02(a), the proposed fine shall be $1,500 per determination not made.

(b) For failing to maintain a record of analyses conducted or information used to comply with Env-Hw 1405.02(a) and (b) for the period specified in Env-Hw 1405.02(d)(1), the proposed fine shall be $250 per record.

(c) For failing to make a new determination of total halogen content of the used oil they are handling any time the used oil has or might have changed in violation of Env-Hw 1405.02(f), the proposed fine shall be $750 per determination not made.

(d) For failing to maintain containers and tanks of used oil to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters in violation of Env-Hw 1405.03(c), the proposed fine shall be $2,000 per violation resulting in a release of used oil, and $1,000 for violations not resulting in a release of used oil.

(e) For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(1), the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.

(f) For failing to store used oil in containers or tanks that meet the requirements of Env-Hw 1405.03(d)(2) the proposed fine shall be between $50 and $1,000 per container or tank based on the volume of each container or tank.

(g) For failing to close a container or tank of used oil in violation of Env-Hw 1405.03(d)(3), the proposed fine shall be between $50 and $500 based on the volume of the container or tank.

(h) For failing to label or mark containers, aboveground tanks, or fill pipes used to transfer used oil into underground storage tanks with the words “used oil” in violation of Env-Hw 1405.03(e), the proposed fine shall be between $25 and $250 per container, aboveground tank, or fill pipe based on the volume of each container or tank.

(i) For failing to confirm that used oil meets the limits for onsite burning in violation of Env-Hw 1406.04(a)(4), the proposed fine shall be $1,750.

(j) For failing to ensure that used oil is transported by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration in violation of Env-Hw 1406.05(a), the proposed fine shall be $2,000 per shipment.

(k) For self-transporting used oil to a facility other than a used oil aggregation point, commercial used oil collection center, or a facility authorized under the destination state’s rules to handle the used oil in violation of Env-Hw 1406.05(d)(4), the proposed fine shall be $2,000 per shipment.

(l) For failing to maintain a record of each used oil shipment in the form of a log, invoice, manifest, bill of lading, or other shipping document in violation of Env-Hw 1406.06(a), the proposed fine shall be $250 per record.

(m) For failing to include on the documentation required in Env-Hw 1406.06(a), the information required by Env-Hw 1406.06(a)(1)-(4), the proposed fine shall be $250 for each requirement not satisfied.

(n) For failing to maintain a record of the analytical results required in Env-Hw 1406.04(a)(4) for the period specified in Env-Hw 1406.06(b), the proposed fine shall be $250 per record.

(o) For failing to register with the department prior to operating a commercial used oil collection center in violation of Env-Hw 1406.07(a), the proposed fine shall be $1,000.

(p) For failing to notify the department prior to operating a used oil transfer facility in violation of Env-Hw 1407.07(b), the proposed fine shall be $1,000.

(q) For failing to maintain a record of acceptance or delivery of used oil for the period specified in Env-Hw 1407.08(a), the proposed fine shall be $1,250 per record.

(r) For failing to notify the department prior to operating a used oil processing/re-refining facility in violation of Env-Hw 1408.03(b), the proposed fine shall be $1,000.

(s) For failing to maintain a contingency plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.05(a), the proposed fine shall be $2,000.

(t) For failing to maintain an analysis plan at a used oil processing/re-refining facility in violation of Env-Hw 1408.08(a), the proposed fine shall be $2,000.

(u) For failing to keep the records identified in Env-Hw 1408.09(a) for the period specified, the proposed fine shall be $250 per record.

(v) For failing to notify the department prior to burning used oil in violation of Env-Hw 1409.05(b), the proposed fine shall be $1,000.

(w) For failing to keep the records identified in Env-Hw 1409.08(a) for the period specified, the proposed fine shall be $250 per record.

(x) For failing to notify the department prior to marketing used oil fuel in violation of Env-Hw 1410.05(b), the proposed fine shall be $1,000.

(y) For failing to keep the records identified in Env-Hw 1410.07(a) for the period specified, the proposed fine shall be $250 per record.

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25; ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 904.17 Fines Relating to Violations with No Scheduled Fine

(a) For the purposes of this section, the following definitions shall apply:

(1) “Major deviation from requirement” means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance;

(2) “Major potential for harm” means a substantial likelihood of causing harm to human health or the environment;

(3) “Minor deviation from requirement” means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met;

(4) “Minor potential for harm” means a small likelihood of causing harm to human health or the environment;

(5) “Moderate deviation from requirement” means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met; and

(6) “Moderate potential for harm” means a moderate likelihood of causing harm to human health or the environment.

(b) For violating the requirements of, or refusing to comply with, any of the provisions of Env‑Hw 100 et seq. or RSA 147-A not otherwise identified in this part, the proposed fine for each violation shall be calculated pursuant to Table 9.1 below, based on the potential for harm and the extent of deviation from the requirement.

Table 9.1: Matrix for Calculated Fines – Maximum Fine $2,000

Minor Deviation from Requirement

Moderate Deviation from Requirement

Major Deviation from Requirement

Minor Potential for Harm

range: $100 to $500 default: $250

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

Moderate Potential for Harm

range: $500 to $1,000 default: $750

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

Major Potential for Harm

range: $1,000 to $1,500 default: $1,250

range: $1,500 to $2,000 default: $1,750

$2,000

History

• #13784, eff 10-21-23; ss by #14283, eff 8-1-25, (formerly Env-Hw 904.20); ss by #14527, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 904.18 Administrative Fine Hearings

Env-C 200 shall apply to all administrative fine hearings and adjudication of the total proposed fine shall be in accordance with Env-C 204.24.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 900

RSA 147-A:17-a, I(a)

Env-Hw 901 – Env-Hw 903

RSA 147-A:7

Env-Hw 904.09; Env-Hw 904.16; Env-Hw 904.17; Env-Hw 904.18

RSA 147-A:17-a, I

N/A

Appendix B: Incorporation by Reference Information

[none in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration); and

Appendix E: Emergency telephone numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #14527, eff 2-28-26, EXPIRES: 2-28-36

Chapter Env-Hw 1000 Hazardous Waste Cleanup Fund

Part Env-Hw 1001 Applicability

N.H. Code Admin. R. Ann. Env-Hw 1001.01 Applicability

This chapter shall govern the expenditure of money from the hazardous waste cleanup fund (HWCF) for the following purposes:

(a) To respond to the discharge of hazardous waste;

(b) To develop a state hazardous waste facility siting program;

(c) To encourage and facilitate the implementation of household hazardous waste (HHW) collection projects, as described herein; and

(d) To encourage and facilitate the collection of household do-it-yourself (DIY) used oil by household DIY used oil collection centers.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1002 Fund Administration

N.H. Code Admin. R. Ann. Env-Hw 1002.01 Fund Administration

(a) Fees required by law to be deposited in the HWCF shall be deposited with the treasurer, state of New Hampshire as specified in RSA 147-B:3.

(b) Expenditures of HWCF monies by the department shall be accounted for as specified in RSA 147-B:6, I-a through I-g.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6385-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1003 Household Hazardous Waste Collection Projects

N.H. Code Admin. R. Ann. Env-Hw 1003.01 Purpose

REVISION NOTE #2:

Document #12352, effective 8-14-17, adopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 1000. Document #12352 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 1000.

Document #12352 made extensive changes to the existing rules in the former Part Env-Hw 1003. These changes included the readoption with amendments and renumbering of the former Env-Hw 1003.02 titled “Expenditures” as Env-Hw 1003.02 titled “Definitions” and Env-Hw 1003.03 titled “Eligible Applicants; Match Required”. Document #12352 also repealed Env-Hw 1003.06 titled “Matching Money Requirements”, Env-Hw 1003.07 titled “Educational Component”, and Env-Hw 1003.10 titled “School Wastes.” Document #12352 also adopted Env-Hw 1003.08 titled “Calculation of Grant Awards” and Env-Hw 1003.10 titled “Disbursement of Grants.” The former rule numbers of the existing rules in Env-Hw 1003 that were readopted with amendments are indicated in the source notes.

The filings for the former rules Env-Hw 1003.02, Env-Hw 1003.06, and Env-Hw 1003.07 prior to Document #12352 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

The filings for the former rule Env-Hw 1003.10 prior to Document #12352 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#6384-B, eff 11-26-96

#7208, eff 2-26-00

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See the Revision Note at the chapter heading for Env-Hw 1000 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 1000 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12352, effective 8-14-17.

The purpose of this part is to implement RSA 147-B:6, I-a.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.02 Definitions

(a) “Approved local or regional entity” means a legal entity, such as a town conservation commission, solid waste management district, regional planning council or commission, or non-profit organization, that has been authorized by a municipality to coordinate the municipality’s participation in one or more HHW collection projects.

(b) “Collection event” means:

(1) For any HHW collection project that does not use a permanent HHW collection facility, the date on which and times during which the public may bring HHW to be collected; or

(2) For any HHW collection project that does use a permanent HHW collection facility, any day and times during which the public may bring HHW to the facility.

(c) “Permanent HHW collection facility” means a structure, or portion thereof, in which collected HHW can be secured against unauthorized access and that is used for HHW collection projects.

(d) “Type I project” means a HHW collection project consisting of one HHW collection event per calendar year that serves one municipality.

(e) “Type II project” means a HHW collection project consisting of:

(1) More than one HHW collection event per calendar year;

(2) One collection event that serves more than one municipality; or

(3) A combination of (1) and (2), above.

(f) “Type III project” means a HHW collection project that:

(1) Uses a permanent HHW facility to store partially filled drums and containers between collection events; and

(2) Uses a third-party vendor such as a hazardous waste transporter for all of its collection events.

(g) “Type IV project” means a HHW collection project that:

(1) Uses a permanent HHW facility to store partially filled drums and containers between collection events; and

(2) Actively collects and stores HHW in the absence of a third-party vendor such as a hazardous waste transporter for one or more, but not all, of its collection events.

History

• #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.03 Eligible Applicants; Match Required

(a) Municipalities and approved local or regional entities that are in compliance with the hazardous waste rules shall be eligible to apply for HWCF monies for HHW collection projects.

(b) A municipality may participate in multiple HHW collection projects, however a municipality’s population shall be counted toward only one grant application per year for purposes of calculating grant awards pursuant to Env-Hw 1003.08.

(c) As required by RSA 147-B:6, I-a, recipients shall provide matching funds, on a dollar-for-dollar basis, equal to the total amount of HWCF monies received.

History

• #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.04 Purposes of Funding

Monies from the HWCF shall be used for the costs of disposal, supplies, contracted hazardous waste transportation, expenses associated with conducting the project’s educational component, or any combination thereof.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-24-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.05 Application Requirements

(a) A municipality or approved local or regional entity seeking HWCF monies for a HHW collection project shall complete and submit, between October 1 and February 1 prior to the fiscal year in which the project is planned to occur, Form HWM-7 “Household Hazardous Waste Grant Application” as amended February 2026.

(b) The department shall make available:

(1) Guidance for completing the application and for planning and hosting a HHW collection project;

(2) A suggested warrant article for allocating matching funds; and

(3) Examples of press releases, fliers, advertisements, and other educational materials to facilitate the required educational component.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08, EXPIRES: 1-28-09; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 1003.06 Application Processing and Decision

(a) The department shall review each application for HWCF monies for HHW collection projects to determine whether it contains all the information and documents required by Env-Hw 1003.05.

(b) If the application does not contain all information and documents required by Env-Hw 1003.05, the department shall notify the applicant of what is missing.

(c) The department shall approve an application if it contains all of the information and documents required by Env-Hw 1003.05.

(d) If an application is approved, the applicant shall be eligible to receive HWCF monies in the form of a grant award pursuant to Env-Hw 1003.07 through Env-Hw 1003.10.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17 (formerly Env-Hw 1003.03); ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.07 Basis of Department Allocation and Award Decisions

(a) In fulfilling its HWCF administrative responsibilities, the department shall base its recommendation to the governor on the amount of fund money to make available for HHW collection projects on the following considerations:

(1) The total amount of money available in the HWCF; and

(2) Present and anticipated needs for spending HWCF money for site cleanup operations and emergency response actions.

(b) Each fiscal year, the department shall allocate funds in the following order of priority:

(1) Type IV projects;

(2) Type III projects;

(3) Type II projects; and

(4) Type I projects.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17 (formerly Env-Hw 1003.09); ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.08 Calculation of Grant Awards

(a) The following definitions shall apply to the calculation of grant awards:

(1) “Base rate” means the grant funding rate, in dollars per person;

(2) “MI” means a funding multiplier of 1.00 applicable to Type I projects;

(3) “MII” means a funding multiplier of 1.25 applicable to Type II projects;

(4) “MIII” means a funding multiplier of 1.75 applicable to Type III projects;

(5) “MIV” means a funding multiplier of 2.00 applicable to Type IV projects;

(6) “PI” means the population to be served by all Type I projects in a given fiscal year;

(7) “PII” means the population to be served by all Type II projects in a given fiscal year;

(8) “PIII” means the population to be served by all Type III projects in a given fiscal year;

(9) “PIV” means the population to be served by all Type IV projects in a given fiscal year; and

(10) “Total grant funds available” means the amount of fund money made available for HHW collection projects in accordance with Env-Hw 1003.07(a).

(b) Each year the department shall determine the values for PI, PII, PIII, and PIV, based on the applications approved for funding in accordance with Env-Hw 1003.06.

(c) Each year, the department shall calculate the base rate by dividing the total grant funds available by the sum of all of the following, as expressed in the formula below:

(1) MI multiplied by PI;

(2) MII multiplied by PII;

(3) MIII multiplied by PIII; and

(4) MIV multiplied by PIV.

Base Rate = Total Grant Funds Available / ((MI x PI) + (MII x PII) + (MIII x PIII) + (MIV x PIV))

(d) The amount of a grant award for a specific HHW collection project shall be calculated by multiplying together all of the following:

(1) The “base rate” as determined pursuant to (c), above;

(2) The funding multiplier that corresponds to the project type, as specified in (a)(2) - (5), above; and

(3) The population to be served by the project.

History

• #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.09 Agreement with the Department

(a) To receive HWCF monies for a HHW collection project, the applicant shall enter into a written agreement with the department.

(b) The applicant shall specify:

(1) For each collection event covered by the grant, the location, date, and time of the event;

(2) The amount and source of the financial match for the grant;

(3) The details of the public education program that will be undertaken; and

(4) The amount of HWCF monies, calculated in accordance with Env-Hw 1003.08, to be awarded to the applicant upon completion of the project and submittal of the documentation required by Env-Hw 1003.10.

(c) The applicant shall submit:

(1) Documentation demonstrating that the individual signing the agreement with the department is duly authorized to sign the agreement and expend funds for the project on behalf of the applicant;

(2) A current certificate of insurance indicating that the applicant is insured in the amounts specified in the agreement;

(3) A certification, as specified in Env-Hw 207, that the applicant is in compliance with the hazardous waste rules; and

(4) A letter of commitment from each participating municipality, if the project will include more than one municipality.

(d) The department shall make available an example of documentation demonstrating authority to sign the agreement and expend funds, as specified in (c)(1), above.

(e) The agreement shall be approved and signed by the applicant and by the commissioner or designee. The agreement shall also be subject to approval by the governor and council and the New Hampshire department of justice, office of the attorney general, as applicable.

(f) The department shall enter into an agreement with the applicant only if the applicant is in compliance with the hazardous waste rules.

History

• #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17 (formerly Env-Hw 1003.08); ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1003.10 Disbursement of Grants

(a) No later than 90 days after completion of the HHW collection project, the grant recipient shall submit all of the following to the department:

(1) A letter, signed by the recipient’s duly authorized representative:

a. Requesting disbursement of grant monies as specified in the agreement entered into pursuant to Env-Hw 1003.09(a); and

b. Certifying, as specified in Env-Hw 207, the information submitted;

(2) Detailed cost and revenue information for the project, including:

a. All sources and amounts of revenue received in connection with the project; and

b. All costs incurred to conduct the project, including those related to public education and advertising;

(3) Copies of invoices and itemized receipts from the following, as applicable:

a. Hazardous waste transporters;

b. Universal waste transporters;

c. Support services, such as police; and

d. Vendors used for public education and outreach;

(4) Copies of the required educational and outreach materials;

(5) Copies of completed hazardous waste manifests associated with the disposal of HHW collected by the project;

(6) A completed Form HWM-8 “Household Hazardous Waste Collection Report Form” as amended February 2026; and

(7) Tabulated participant survey results, if any, including the questions asked and responses provided.

(b) If the grant recipient complies with (a), above, the department shall disburse the grant monies to the recipient.

(c) If the recipient submits a request that does not include all of the information required by (a), above, the department shall notify the applicant of each deficiency.

(d) If the recipient wishes to receive the grant monies, the recipient shall correct all deficiencies no later than 30 days from receipt of the notice provided pursuant to (c), above.

(e) If the recipient does not correct all deficiencies within 30 days, the department shall not award any grant monies to the recipient.

History

• #12352, eff 8-14-17; ss by #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

Part Env-Hw 1004 Household Diy Used Oil Collection Centers

N.H. Code Admin. R. Ann. Env-Hw 1004.01 Purpose

The purpose of this part is to implement RSA 147-B:6, I-d and RSA 147-B:13.

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1004.02 Eligible Applicants and Purposes of Funding

(a) A political subdivision or other government entity that is in compliance with the hazardous waste rules shall be eligible to apply for a grant from the HWCF for costs associated with:

(1) The establishment or improvement of household DIY used oil collection centers; and

(2) The offsite transportation and recycling of household DIY used oil.

(b) A non-profit organization that focuses on waste management and recycling issues, or a private business that is a registered state motor vehicle inspection station, shall be eligible to apply for a grant from the HWCF for costs to establish a household DIY used oil collection center, provided the organization or business is in compliance with the hazardous waste rules.

(c) Grant awards shall not exceed $2,500 on an annual basis.

(d) Political subdivisions that use the same household DIY used oil collection center may combine grant awards, however in no case shall the grant awarded to a household DIY used oil collection center exceed $5,000.

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1004.03 Application Requirements

An eligible applicant, as specified in Env-Hw 1004.02, seeking HWCF monies for a household DIY used oil collection center shall:

(a) Complete and submit Form HWM-9 “Household Do-It-Yourself (DIY) Used Oil Collection Center Grant Application” as amended February 2026; and

(b) If the applicant is required to register with the New Hampshire secretary of state, submit a current certificate of good standing.

History

• #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 1004.04 Application Processing and Decision

(a) The department shall review each application for HWCF monies for household DIY used oil collection centers to determine whether:

(1) The application contains all the information and documents required by Env-Hw 1004.03; and

(2) The project described in the application is consistent with RSA 147-B:13 and Env-Hw 1004.02.

(b) If the application does not meet the criteria in (a), above, the department shall notify the applicant and provide the reasons the application does not meet the criteria.

(c) The department shall approve an application if it meets the criteria in (a), above.

(d) If an application is approved, the applicant shall be eligible to receive HWCF monies in the form of a grant award pursuant to Env-Hw 1004.05 through Env-Hw 1004.07.

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1004.05 Basis of Department Allocation and Award Decisions

(a) In fulfilling its HWCF administrative responsibilities, the department shall base its recommendation to the governor on the amount of fund money to make available for household DIY used oil collection centers on the following considerations:

(1) The total amount of money available in the HWCF; and

(2) Present and anticipated needs for spending HWCF money for site cleanup operations and emergency response actions.

(b) Each fiscal year, the department shall allocate HWCF moneys in the following order of priority:

(1) Political subdivisions without household DIY used oil collection centers;

(2) Political subdivisions that have established household DIY used oil collection centers;

(3) Other government entities;

(4) State motor vehicle inspection stations; and

(5) Non-profit organizations.

(c) The department shall award funds to entities with approved applications in accordance with the priorities established in (b), above, until all allocated funds have been expended for the fiscal year.

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1004.06 Agreement with the Department

(a) To receive HWCF monies for a household DIY used oil collection center, the applicant shall enter into a written agreement with the department.

(b) The applicant shall specify:

(1) The name and location of the household DIY used oil collection center;

(2) The products and services to be covered by the work plan; and

(3) The amount of HWCF monies, calculated in accordance with Env-Hw 1004.05, to be awarded to the applicant upon completion of the work plan and submittal of the documentation required by Env-Hw 1004.07.

(c) The applicant shall submit:

(1) Documentation demonstrating that the individual signing the agreement with the department is duly authorized to sign the agreement and expend funds for the project on behalf of the applicant;

(2) A current certificate of insurance indicating that the applicant is insured in the amounts specified in the agreement;

(3) A certification, as specified in Env-Hw 207, that the applicant is in compliance with the hazardous waste rules; and

(4) A letter of commitment from each municipality, if the household DIY used oil collection center is owned or operated by more than one municipality.

(d) The department shall make available an example of documentation demonstrating authority to sign the agreement and expend funds, as specified in (c)(1), above.

(e) The agreement shall be approved and signed by the applicant and by the commissioner or designee. The agreement shall also be subject to approval by the governor and council and the New Hampshire department of justice, office of the attorney general, as applicable.

(f) The department shall enter into an agreement with the applicant only if the applicant is in compliance with the hazardous waste rules.

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1004.07 Disbursement of Grants

(a) No later than 90 days after completion of the work plan, the grant recipient shall submit all of the following to the department:

(1) A letter, signed by the recipient’s duly authorized representative:

a. Requesting disbursement of grant monies as specified in the agreement entered into pursuant to Env-Hw 1004.06(a); and

b. Certifying, as specified in Env-Hw 207, the information submitted;

(2) Detailed cost information, including all costs incurred to administer the work plan;

(3) Copies of invoices and itemized receipts for the products or services identified in the work plan; and

(4) Copies of bills of lading that accompanied any shipments of used oil, as applicable.

(b) If the grant recipient complies with (a), above, the department shall disburse the grant monies to the recipient.

(c) If the recipient submits a request that does not include all of the information required by (a), above, the department shall notify the applicant of each deficiency.

(d) If the recipient wishes to receive the grant monies, the recipient shall correct all deficiencies no later than 30 days from receipt of the notice provided pursuant to (c), above.

(e) If the recipient does not correct all deficiencies within 30 days, the department shall not award any grant monies to the recipient.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 1000

RSA 147-B:6; RSA 147-B:7; RSA 147-B:13

N/A

Env-Hw 1003.05; Env-Hw 1003.10

RSA 147-B:6; RSA 147-B:7

N/A

Env-Hw 1004.03

RSA 147-B:6; RSA 147-B:7; RSA 147-B:13

N/A

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #14284, eff 8-1-25, EXPIRES: 8-1-35

Chapter Env-Hw 1100 Requirements for Universal Waste Management

Part Env-Hw 1101 Purpose, Applicability, and Definitions

N.H. Code Admin. R. Ann. Env-Hw 1101.01 Purpose

The purpose of this chapter is to establish requirements that may be used in lieu of Env-Hw 300 through Env-Hw 700 to manage certain types of widely generated hazardous waste defined in Env-Hw 104 as “universal wastes”. These rules are designed to promote and encourage the collection and recycling of universal wastes in a manner that is protective of human health and the environment.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1101.02 Applicability

(a) This chapter shall apply to persons managing universal wastes.

(b) Persons who manage universal waste that is imported from a foreign country or another state into New Hampshire shall be subject to the following requirements immediately after the waste enters New Hampshire:

(1) A universal waste handler shall be subject to Env-Hw 502.01 and Env-Hw 1102 and the applicable requirements of Env-Hw 1103, Env-Hw 1104, Env-Hw 1105, and Env-Hw 1109 through Env-Hw 1114;

(2) A universal waste transporter shall be subject to Env-Hw 1106; and

(3) An owner or operator of a destination facility shall be subject to Env-Hw 1107.

(c) A person who manages universal waste that is imported from a foreign country into the United States shall be subject to (b), above, in addition to 40 CFR Part 262 Subpart H.

(d) Nothing in this chapter shall be construed to mean that a universal waste handler is required to manage universal waste batteries in a manner that differs from the requirements of 40 CFR 273.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100)

N.H. Code Admin. R. Ann. Env-Hw 1101.03 Definitions

(a) “Ampule” means an airtight vial made of glass, plastic, metal, or any combination of these materials.

(b) “Destination facility” means a facility that treats, disposes of, or recycles universal waste. The term does not include a facility at which universal waste is only accumulated or at which the management activities described in Env-Hw 1109 through Env-Hw 1114 occur.

(c) “Large quantity handler” means a universal waste handler who accumulates greater than or equal to 5,000 but less than 20,000 combined total kilograms of universal waste listed in the definition of “universal waste” in Env-Hw 104, on-site at any one time.

(d) “Open original housing” means a container that holds mercury while the mercury performs its function within a mercury-containing device and that is open at one end, such as in a barometer or manometer.

(e) “Small quantity handler” means a universal waste handler who accumulates less than 5,000 combined total kilograms of universal waste listed in the definition of “universal waste” in Env-Hw 104, on-site at any one time.

(f) “Very large quantity handler” means a universal waste handler who accumulates greater than or equal to 20,000 combined total kilograms of universal waste listed in the definition of “universal waste” in Env-Hw 104, on-site at any one time.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

Part Env-Hw 1102 Requirements for All Universal Waste Handlers

N.H. Code Admin. R. Ann. Env-Hw 1102.01 Applicability

This part shall apply to all universal waste handlers.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1102.02 Prohibitions

(a) A universal waste handler shall not:

(1) Dispose of universal waste; or

(2) Dilute or treat universal waste, except by:

a. Responding to releases as set forth in Env-Hw 1102.06; or

b. Managing specific wastes as provided in Env-Hw 1109.03, Env-Hw 1111.03, Env-Hw 1113.03, and Env-Hw 1114.03.

(b) For the purposes of (a)(2), above, intentionally crushing or dismantling lamps shall constitute treatment that cannot legally be undertaken without obtaining a permit in accordance with Env-Hw 300.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1102.03 Waste Management Requirements

(a) A universal waste handler shall manage:

(1) Universal waste batteries in accordance with Env-Hw 1109;

(2) Universal waste pesticides in accordance with Env-Hw 1110;

(3) Universal waste mercury-containing devices in accordance with Env-Hw 1111;

(4) Universal waste lamps in accordance with Env-Hw 1112;

(5) Universal waste cathode ray tubes in accordance with Env-Hw 1113;

(6) Universal waste antifreeze in accordance with Env-Hw 1114; and

(7) Universal waste aerosol cans in accordance with Env-Hw 1115.

(b) Universal waste shall be managed in a way that prevents the release of the universal waste, or any component of the universal waste, to the environment.

(c) When containment of a particular type of universal waste is required by Env-Hw 1109.03(a), Env-Hw 1110.04, Env-Hw 1111.03(a), Env-Hw 1111.03(b)(2), Env-Hw 1112.03(a), Env-Hw 1113.03(a), Env-Hw 1113.03(b)(4), Env-Hw 1114.03, Env-Hw 1115.03(a)(1), Env-Hw 1115.03(b)(1), or Env-Hw 1115.03(b)(2), the containers shall be:

(1) Closed, except when universal waste is being added to or removed from the container;

(2) Compatible with the universal waste and its contents; and

(3) Free of defects, design characteristics, or damage that could result in leakage, spillage, or other environmental releases.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1102.04 Accumulation Time Limits

(a) If a universal waste handler accumulates universal waste, the universal waste handler shall:

(1) Not accumulate universal waste for longer than one year from the date the universal waste becomes a waste or is received from another universal waste handler, unless the requirements of (b), below, are met; and

(2) Demonstrate the length of time that the waste has been accumulated from the date it becomes a waste by:

a. Placing the universal waste in a container and marking or labeling the container with the earliest date that any universal waste in the container became a waste or was received;

b. Marking or labeling each individual item of universal waste with the date it became a waste or was received;

c. Maintaining an inventory system on-site that identifies the date each universal waste became a waste or was received;

d. Maintaining an inventory system on-site that identifies the earliest date that any universal waste in a group of universal waste items or a group of containers of universal waste became a waste or was received;

e. Placing the universal waste in a specific accumulation area and identifying the earliest date that any universal waste in the area became a waste or was received; or

f. Any other method that clearly demonstrates the length of time that the universal waste has been accumulated from the date it becomes a waste or is received.

(b) A universal waste handler may accumulate universal waste for longer than one year from the date the universal waste becomes a waste or is received only if:

(1) The sole purpose of accumulation of such quantities of universal waste is to facilitate, as necessary, proper recovery, treatment, or disposal; and

(2) The universal waste handler provides proof thereof, such as a letter or contract from a destination facility, confirming that the longer accumulation period is necessary per (b)(1), above.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1102.05 Outside Storage

Universal waste stored outside shall be covered to prevent precipitation from coming in contact with the waste or containers in which the waste is stored.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1102.06 Response to Releases

(a) A universal waste handler shall respond to releases by:

(1) Immediately containing and cleaning up, within 24 hours, all releases of universal wastes and other residues from universal wastes; and

(2) Determining whether any material resulting from the release is hazardous waste.

(b) In the event of any discharge of universal waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land or into the air, groundwater, or surface waters, the universal waste handler shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(c) The universal waste handler shall:

(1) Be considered the generator of any hazardous waste resulting from a release of universal waste; and

(2) Manage the hazardous waste in accordance with Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1102.07 Off-site Shipments

(a) A universal waste handler shall not send or take universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.

(b) If a universal waste handler self-transports universal waste off-site, the universal waste handler shall comply with Env-Hw 1106 while transporting the universal waste.

(c) If a universal waste being offered for off-site transportation meets the definition of hazardous materials under 49 CFR 171 through 180, the universal waste handler shall comply with the applicable US DOT regulations under 49 CFR 172 through 180.

(d) Prior to shipping universal waste to another universal waste handler or to a destination facility, the universal waste handler that originated the shipment shall obtain approval from the receiving universal waste handler or destination facility.

(e) If a transporter is unable to deliver all or part of a universal waste shipment or if a receiving universal waste handler or destination facility rejects all or part of a universal waste shipment, the universal waste handler that originated the shipment shall either:

(1) Receive the waste back when notified that the shipment has been rejected; or

(2) Designate an alternate destination facility to which the shipment will be sent and ensure the rejected universal waste is shipped to the designated destination facility.

(f) A universal waste handler that rejects a shipment or a portion of a shipment shall notify the universal waste handler that originated the shipment that the shipment has been rejected, and either:

(1) Send the shipment back to the universal waste handler that originated the shipment; or

(2) Send the shipment to the destination facility designated by the universal waste handler that originated the shipment.

(g) If a universal waste handler receives a shipment containing hazardous waste that is not a universal waste, the universal waste handler shall:

(1) Immediately notify the department of the shipment;

(2) Provide the name, address, and phone number of the originating shipper; and

(3) Comply with the applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200 for managing the hazardous waste.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1102.08 International Shipments

(a) Except as provided in (b), below, a universal waste handler who exports universal waste to a foreign destination shall comply with 40 CFR Part 262 Subpart H.

(b) A universal waste handler who exports cathode ray tubes, shredded cathode ray tubes, or cathode ray tube components to a foreign destination shall comply with the applicable requirements of 40 CFR 261.39(a)(5)(i) through (xi), 261.40, and 261.41, but shall not be required to comply with 40 CFR 261.39(a)(1) through (4).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100)

Part Env-Hw 1103 Additional Requirements for Small Quantity Handlers of Universal Waste

N.H. Code Admin. R. Ann. Env-Hw 1103.01 Applicability

This part shall apply to all small quantity handlers, as defined in Env-Hw 1101.03(e).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1103.02 Notification

A small quantity handler shall not be required to notify the department of universal waste handling activities.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1103.03 Employee Training

A small quantity handler shall inform all employees who handle or have responsibility for managing universal waste of proper waste handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1103.04 Tracking Universal Waste Shipments

A small quantity handler shall not be required to keep records of shipments of universal waste.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1104 Additional Requirements for Large Quantity Handlers and Very Large Quantity Handlers of Universal Waste

N.H. Code Admin. R. Ann. Env-Hw 1104.01 Applicability

This part shall apply to all large quantity handlers, as defined in Env-Hw 1101.03(c), and all very large quantity handlers, as defined in Env-Hw 1101.03(f).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1104.02 Exemptions

Env-Hw 1104.03 shall not apply to a large quantity handler of universal waste batteries provided the universal waste handler is managing universal waste batteries only.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1104.03 Notification

(a) A large quantity handler or a very large quantity handler shall notify the department pursuant to (b), below, before accumulating the following quantities of universal waste:

(1) For large quantity handlers, 5,000 kilograms or more but less than 20,000 kilograms; or

(2) For very large quantity handlers, 20,000 kilograms or more.

(b) A large quantity handler or a very large quantity handler shall complete and submit:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(c) A large quantity handler or very large quantity handler shall notify the department in accordance with (a), above, for each onsite location where universal waste is accumulated.

(d) Upon receipt of a complete, signed notification, the department shall issue an EPA identification number to the universal waste handler if the universal waste handler does not already possess an EPA identification number.

(e) The EPA identification number assigned pursuant to (d), above, shall:

(1) Be site specific; and

(2) Remain valid until the universal waste handler notifies the department in writing that universal waste is no longer being accumulated at the site.

(f) A large quantity handler or very large quantity handler shall notify the department of any changes to the information submitted pursuant to (a), above, within 30 days of the effective date of the change, as follows:

(1) Notify orally or in writing of any changes to:

a. Site’s legal name;

b. Mailing address;

c. Name, title, telephone number, and, if available, email address of a contact person; or

d. Type and description of regulated activity; and

(2) Notify on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to information other than those specified in (f)(1), above.

(g) Unless the universal waste handler becomes a very large quantity handler, the designation as a large quantity handler shall be retained through the end of the calendar year in which 5,000 kilograms or more total of universal waste is accumulated at any one time.

(h) The designation as a very large quantity handler shall be retained through the end of the calendar year in which greater than or equal to 20,000 kilograms total of universal waste is accumulated at any one time.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1104.04 Employee Training

A large quantity handler or very large quantity handler shall ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures relative to their responsibilities during normal facility operations and emergencies.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1104.05 Tracking Universal Waste Shipments Received

(a) A large quantity handler or very large quantity handler shall keep a record, which may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document, of each shipment of universal waste received at the accumulation site.

(b) The record for each shipment of universal waste received shall include the following information:

(1) The name and address of the originating universal waste handler or foreign shipper from whom the universal waste was sent;

(2) The quantity of each type of universal waste received; and

(3) The date of receipt of the shipment of universal waste.

(c) The records required by (a) and (b), above, shall be retained for at least 3 years from the date the universal waste shipment to which the record relates is received.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1104.06 Tracking Universal Waste Shipments Shipped Off-site

(a) A large quantity handler or very large quantity handler shall keep a record, which may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document, of each shipment of universal waste sent by the universal waste handler to another facility.

(b) The record for each shipment of universal waste sent shall include the following information:

(1) The name and address of the universal waste handler, destination facility, or foreign destination to which the universal waste was sent;

(2) The quantity of each type of universal waste; and

(3) The date the shipment of universal waste left the universal waste handler's facility.

(c) The records required by (a) and (b), above, shall be retained for at least 3 years from the date the universal waste shipment to which it relates left the universal waste handler's facility.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1105 Additional Requirements Applicable Only to Very Large Quantity Handlers of Universal Waste

N.H. Code Admin. R. Ann. Env-Hw 1105.01 Applicability

REVISION NOTE:

Document #12353, effective 8-14-17, readopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 1100. Document #12353 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 1100.

Document #12353 repealed Env-Hw 1105.03 titled “Notification”, Env-Hw 1105.05 titled “Employee Training”, Env-Hw 1105.06 titled “Tracking Universal Waste Shipments Received”, and Env-Hw 1105.07 titled “Tracking Universal Waste Shipments Shipped Off-site”. Document #12353 also renumbered the rules within Part Env-Hw 1105 due to the repeals. The former rule numbers are indicated in the source notes for the rules in Env-Hw 1105.

The filings for the former rules Env-Hw 1105.03, Env-Hw 1105.05, Env-Hw 1105.06, and Env-Hw 1105.07 prior to Document #12353 included the following documents:

#7578, eff 10-13-01

#9367, eff 1-28-09

See the Revision Note at the chapter heading for Env-Hw 1100 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 1100 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12353, effective 8-14-17.

This part shall apply to very large quantity handlers as defined in Env-Hw 1101.03(f).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.02 Exemptions

This part shall not apply to a very large quantity handler that manages universal waste batteries only. Any such universal waste handler shall be regulated as a large quantity handler under Env-Hw 1104, provided that the universal waste handler shall identify itself as a very large quantity handler on the notification required by Env-Hw 1104.03.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12353, eff 8-14-17 (See Revision Note at part heading for Env-Hw 1105); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1105.03 Outside Storage in 100-year Floodplain Prohibited

A very large quantity handler shall not store universal waste outside within a 100-year floodplain as identified based on the latest Flood Insurance Studies or flood hazard boundary maps prepared by the Federal Emergency Management Agency.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.04) (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.04 Inspections

(a) A very large quantity handler shall:

(1) Inspect areas where universal waste is stored at least weekly for leaks and deterioration caused by corrosion and other factors; and

(2) Record inspections in an inspection log or summary.

(b) The inspection log or summary required by (a)(2), above, shall include the following information:

(1) The date and time of inspection;

(2) The name of the inspector;

(3) A notation of the observations made; and

(4) The date and nature of any repairs or other remedial actions.

(c) Each record required by (a) and (b), above, shall be retained for at least 3 years from the date of the inspection to which it relates.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.08) (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.05 Contingency Plans and Emergency Procedures

A very large quantity handler shall have a contingency plan on-site in accordance with 40 CFR 262.260 through 262.265, amended as follows:

(a) Replace each instance of “large quantity generator” and “generator” with “very large quantity handler”;

(b) Amend 40 CFR 262.262 as follows:

(1) Amend 40 CFR 262.262(a) by adding after “revisions” the following: “to the department and”; and

(2) Amend 40 CFR 262.262(b) by replacing “May 30, 2017” with “the 2025 effective date of this rule”; and

(c) Amend 40 CFR 262.265 as follows:

(1) Amend 40 CFR 262.265(a) introductory language to read as follows:

“(a) Whenever there is an imminent or actual emergency situation, including the discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater, or surface waters, the emergency coordinator, or their designee when the emergency coordinator is on call, shall immediately, not to exceed one hour from the discovery of the release:”;

(2) Amend 40 CFR 262.265(a)(2) to read as follows:

“(2) Notify local emergency officials and:

(i) The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

(ii) The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.”; and

(3) Amend 40 CFR 262.265(g) by:

a. Replacing “§ 261.3(c) or (d) of this chapter” with “Env-Hw 401.01(c) and Env-Hw 404.03”; and

b. Replacing “parts 262, 263, and 265 of this chapter” with “Env-Hw 500 through Env-Hw 700”.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.09) (See Revision Note at part heading for Env-Hw 1105); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1105.06 Preparedness and Prevention

A very large quantity handler shall:

(a) Keep the following equipment appropriate for the types and quantities of waste being accumulated on-site at all times:

(1) Portable fire extinguishers;

(2) Fire control equipment, including special extinguishing equipment, such as equipment using foam, inert gas, or dry chemicals;

(3) Spill control equipment; and

(4) Decontamination equipment;

(b) Maintain a path to and within the universal waste storage area unobstructed by any obstacles other than doors, which shall be unlocked at all times, to allow the unobstructed movement of personnel, fire control equipment, spill control equipment, and decontamination equipment to any area of the universal waste storage area; and

(c) Post the following emergency telephone numbers and information at the nearest telephone to each universal waste pesticide storage area:

(1) The local fire department's local telephone number or 911 or both;

(2) The local police department's local telephone number or 911 or both;

(3) The telephone number of the department's emergency response team as listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.;

(4) The telephone number of the New Hampshire state police headquarters communications unit as listed in Appendix E, 24 hours per day;

(5) The local response team telephone number; and

(6) The steps to take in an emergency.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.10) (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.07 Security

A very large quantity handler shall provide the following security measures at all outdoor universal waste storage areas:

(a) An artificial or natural barrier that completely surrounds the universal waste storage area to prevent the unauthorized or unknowing entry of persons or livestock;

(b) An entry to the storage area that is controlled at all times; and

(c) At each entry to the universal waste storage area, a sign stating, “Danger - Unauthorized Personnel Keep Out,” or other words indicating that only authorized personnel are allowed to enter the area and that entry can be dangerous.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.11) (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.08 Closure

A very large quantity handler shall meet the closure requirements of 40 CFR 265.111 through 40 CFR 265.115.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.12) (See Revision Note at part heading for Env-Hw 1105)

N.H. Code Admin. R. Ann. Env-Hw 1105.09 Financial Assurance

A very large quantity handler shall meet the financial assurance requirements of 40 CFR 265.142 and 265.143 prior to accumulating universal waste.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17 (formerly Env-Hw 1105.13) (See Revision Note at part heading for Env-Hw 1105)

Part Env-Hw 1106 Standards for Universal Waste Transporters

N.H. Code Admin. R. Ann. Env-Hw 1106.01 Applicability

This part shall apply to universal waste transporters.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1106.02 Prohibitions

(a) A universal waste transporter shall not:

(1) Dispose of universal waste; or

(2) Dilute or treat universal waste, except by responding to releases as set forth in Env-Hw 1106.05.

(b) For the purposes of (a)(2), above, intentionally crushing or dismantling lamps shall constitute treatment that cannot legally be undertaken without obtaining a permit in accordance with Env-Hw 300.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1106.03 Universal Waste Management

A universal waste transporter shall comply with all applicable US DOT regulations in 49 CFR 171 through 180 for transport of any universal waste that meets the definition of "hazardous material" in 49 CFR 171.8.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1106.04 Storage Time Limits

If a universal waste transporter stores universal waste for more than 10 days, the transporter shall comply with the following:

(a) The universal waste handler requirements of Env-Hw 1102;

(b) Env-Hw 1103, if a small quantity handler;

(c) Env-Hw 1104, if a large quantity handler;

(d) Env-Hw 1104 and Env-Hw 1105, if a very large quantity handler; and

(e) The waste management requirements of Env-Hw 1109 through Env-Hw 1114, as applicable.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1106.05 Response to Releases

(a) A universal waste transporter shall respond to releases by:

(1) Immediately containing and cleaning up, within 24 hours, all releases of universal wastes and other residues from universal wastes; and

(2) Determine whether any material resulting from the release is hazardous waste.

(b) In the event of any discharge of universal waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land or into the air, groundwater or surface waters, the transporter shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department's emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(c) The universal waste transporter shall:

(1) Be considered the generator of any hazardous waste resulting from a release of universal waste; and

(2) Manage the hazardous waste in accordance with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1106.06 Off-site Shipments

(a) A universal waste transporter shall not transport the universal waste to a place other than a universal waste handler, a destination facility, or a foreign destination.

(b) If the universal waste being shipped off-site meets the US DOT's definition of hazardous materials under 49 CFR 171.8, the shipment shall be properly described on a shipping paper in accordance with the applicable US DOT regulations under 49 CFR 172.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1106.07 International Shipments

(a) Except as provided in (b), below, a universal waste transporter transporting a shipment of universal waste to a foreign destination shall be subject to 40 CFR Part 262 Subpart H.

(b) A universal waste transporter who transports cathode ray tubes or shredded cathode ray tubes or components to a foreign destination shall comply with the applicable requirements of 40 CFR 261.39(a)(5)(i) through (xi), 261.40, and 261.41, but shall not be required to comply with 40 CFR 261.39(a)(1) through (4).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100)

Part Env-Hw 1107 Standards for Destination Facilities

N.H. Code Admin. R. Ann. Env-Hw 1107.01 Applicability

(a) This part shall apply to owners and operators of universal waste destination facilities.

(b) Except as provided in (c), below, Env-Hw 300 and Env-Hw 700 shall also apply to owners and operators of destination facilities.

(c) Env-Hw 300 and Env-Hw 700 shall not apply to owners and operators of destination facilities that recycle universal waste without storing the waste before it is recycled, provided they comply with:

(1) The notification requirements in Env-Hw 702; and

(2) The manifest requirements in Env-Hw 703.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1107.02 Off-site Shipments

(a) An owner or operator of a destination facility shall not send or take universal waste to a place other than a universal waste handler, another destination facility, or a foreign destination.

(b) An owner or operator of a destination facility that rejects a shipment or a portion of a shipment shall notify the universal waste handler that originated the shipment that the shipment has been rejected, and either:

(1) Send the shipment back to the universal waste handler that originated the shipment; or

(2) Send the shipment to another destination facility designated by the universal waste handler that originated the shipment.

(c) If an owner or operator of a destination facility receives a shipment containing hazardous waste that is not a universal waste, the owner or operator of the destination facility shall:

(1) Immediately notify the department of the shipment;

(2) Provide the name, address, and phone number of the shipper; and

(3) Comply with the applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200 for managing the hazardous waste.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1107.03 Tracking Universal Waste Shipments

(a) The owner or operator of a destination facility shall keep a record, which may take the form of a log, invoice, manifest, bill of lading, movement document, or other shipping document, of each shipment of universal waste received at the facility.

(b) The record for each shipment of universal waste received shall include the following information:

(1) The name and address of the universal waste handler, destination facility, or foreign shipper from whom the universal waste was sent;

(2) The quantity of each type of universal waste received; and

(3) The date of receipt of the shipment of universal waste.

(c) The owner or operator of a destination facility shall retain the records described in (a) and (b), above, for at least 3 years from the date of receipt of a shipment of universal waste.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100)

N.H. Code Admin. R. Ann. Env-Hw 1107.04 Response to Releases

(a) An owner or operator of a destination facility shall respond to releases by:

(1) Immediately containing and cleaning up, within 24 hours, all releases of universal wastes and other residues from universal wastes; and

(2) Determining whether any material resulting from the release is hazardous waste.

(b) In the event of any discharge of universal waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land or into the air, groundwater or surface waters, the owner or operator of a destination facility shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(c) The owner or operator of a destination facility shall:

(1) Be considered the generator of any hazardous waste resulting from a release of universal waste; and

(2) Manage the hazardous waste in accordance with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #10205, eff 10-19-12; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

Part Env-Hw 1108 Petition to Include Other Universal Wastes

N.H. Code Admin. R. Ann. Env-Hw 1108.01 Universal Waste Petition Information Requirements

(a) Except as provided in (c), below, any person seeking to add a hazardous waste or a category of hazardous waste to this chapter shall petition for an amendment to Env-Hw 1100 in accordance with:

(1) This part;

(2) Env-Hw 206; and

(3) 40 CFR 273 Subpart G.

(b) The petitioner shall submit the following information, in writing, to the department:

(1) The petitioner's name and mailing address and, if available, an email address;

(2) A statement explaining why the petitioner believes that the waste is a universal waste;

(3) A description of the type of waste proposed to be included as a universal waste;

(4) A description of the methods by which the waste can be managed;

(5) A statement of the need and justification for adding the proposed waste to this chapter based upon the criteria in Env-Hw 1108.02, including any supporting tests, studies, or other pertinent information;

(6) A statement explaining how the proposed universal waste will improve management practices for the waste or category of waste; and

(7) A statement explaining how the proposed universal waste will improve implementation of the hazardous waste program.

(c) Hazardous waste pharmaceuticals regulated under Env-Hw 1300 shall not be added as a category of hazardous waste for management under this chapter.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1108.02 Universal Waste Petition Approval or Denial

The department shall:

(a) Evaluate petitions using the factors listed in 40 CFR 273.81;

(b) Grant the petition if listing the waste or category of waste as a universal waste meets the criteria of 40 CFR 273.80(c) and 40 CFR 273.81; and

(c) If the petition is granted, initiate a rulemaking proceeding in accordance with RSA 541-A.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1109 Universal Waste Batteries

N.H. Code Admin. R. Ann. Env-Hw 1109.01 Applicability

(a) This part shall apply to all universal waste handlers of batteries, except as provided in (b) below.

(b) This part shall not apply to persons managing spent lead-acid batteries under Env-Hw 809.04.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1109.02 Generation of Waste Batteries

(a) A used battery that is no longer operable shall become a waste on the date it is removed from service.

(b) A used battery that is still operable and has been removed from service shall become a waste on the date the universal waste handler discards it.

(c) An unused battery shall become a waste as specified in 40 CFR 273.2(c)(2), as reprinted in Appendix D.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1109.03 Requirements for Management of Universal Waste Batteries

(a) A universal waste handler shall contain, using a container that complies with Env-Hw 1102.03(c), any universal waste battery that shows evidence of leakage, spillage, or damage that could cause leakage.

(b) A universal waste handler shall not conduct the following activities unless the requirements of (c), below, are met:

(1) Sorting batteries by type;

(2) Mixing battery types in one container;

(3) Discharging batteries so as to remove the electric charge;

(4) Regenerating used batteries;

(5) Disassembling batteries or battery packs into individual batteries or cells;

(6) Removing batteries from consumer products; or

(7) Removing electrolyte from batteries.

(c) A universal waste handler that conducts the activities listed in (b), above, shall:

(1) Ensure the casing of each individual battery cell is:

a. Not breached;

b. Intact;

c. Closed except to remove electrolyte; and

d. Immediately closed after electrolyte removal; and

(2) Determine whether the following exhibit a characteristic of hazardous waste as identified in Env-Hw 403:

a. Electrolyte removed from batteries; and

b. Other waste generated as a result of the removal of electrolyte, such as battery pack materials and discarded consumer products.

(d) If the electrolyte or other waste or both described in (c)(2), above, exhibits a characteristic of hazardous waste, the universal waste handler shall:

(1) Be considered the generator of the electrolyte or other waste or both; and

(2) Comply with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1109.04 Labeling/Marking of Batteries

A universal waste handler of batteries shall clearly label or mark each universal waste battery or container holding batteries with any or all of the following:

(a) "Universal Waste - Battery(ies)";

(b) "Waste Battery(ies)"; or

(c) "Used Battery(ies)."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1110 Universal Waste Pesticides

N.H. Code Admin. R. Ann. Env-Hw 1110.01 Applicability

(a) This part shall apply to persons managing the following pesticides:

(1) Recalled pesticides that are:

a. Suspended and canceled pesticides that are part of a voluntary or mandatory recall under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 - 136y (FIFRA) Section 19(b), including, but not limited to, those owned by the registrant responsible for conducting the recall; or

b. Suspended or canceled pesticides, or pesticides that are not in compliance with FIFRA, that are part of a voluntary recall by the registrant; and

(2) Other unused pesticides that are collected and managed as part of a waste pesticide collection program administered or recognized by the department or the New Hampshire department of agriculture, markets, and food.

(b) This part shall not apply to persons managing pesticides that do not meet the criteria in (a), above, but these persons shall be subject to the applicable requirements of Env-Hw 300 through Env-Hw 800 and Env-Hw 1200, except that aerosol cans that contain pesticides may be managed as universal waste aerosol cans under Env-Hw 1102 through Env-Hw 1105.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1110.02 Exemptions

This part shall not apply to pesticides that are managed by farmers in compliance with Env-Hw 501.02(a).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1110.03 Generation of Waste Pesticides

(a) A recalled pesticide described in Env-Hw 1110.01(a)(1) shall become a waste as specified in 40 CFR 273.3(c)(1), as reprinted in Appendix D.

(b) An unused pesticide described in Env-Hw 1110.01(a)(2) shall become a waste as specified in 40 CFR 273.3(c)(2), as reprinted in Appendix D.

(c) A pesticide that is not a waste shall remain subject to the requirements of FIFRA.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1110.04 Requirements for Management of Universal Waste Pesticides

A universal waste handler shall contain universal waste pesticides in one or more of the following:

(a) A container that complies with Env-Hw 1102.03(c);

(b) A container that does not comply with Env-Hw 1102.03(c), provided that the non-compliant container is overpacked in a container that complies with Env-Hw 1102.03(c);

(c) A tank that complies with 40 CFR 265 Subpart J, except for 40 CFR 265.197(c) and 40 CFR 265.200; or

(d) A transport vehicle or vessel that complies with Env-Hw 1102.03(c).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100)

N.H. Code Admin. R. Ann. Env-Hw 1110.05 Labeling/Marking of Pesticides

(a) A container, multiple container package unit, tank, transport vehicle or vessel in which recalled universal waste pesticides described in Env-Hw 1110.01(a)(1) are contained shall be clearly labeled or marked with:

(1) The label that was on or accompanied the pesticide product as sold or distributed; and

(2) The words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)."

(b) A container, tank, or transport vehicle or vessel in which unused pesticide products as described in Env-Hw 1110.01(a)(2) are contained shall be clearly labeled or marked with the words "Universal Waste - Pesticide(s)" or "Waste - Pesticide(s)" and:

(1) The label that was on the pesticide product when purchased, if still legible;

(2) If using the label described in (1), above, is not feasible, the appropriate label as required under the US DOT regulations 49 CFR 172; or

(3) If using the labels described in (1) and (2), above, is not feasible, another label prescribed or designated by the waste pesticide collection program administered or recognized by the department or the New Hampshire department of agriculture, markets, and food.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1110.06 Storage of Universal Waste Pesticides

(a) Universal waste pesticides shall be stored on an impervious surface.

(b) An impervious surface shall:

(1) Include concrete or asphalt without cracks or holes; and

(2) Not include earth, wood, or gravel surfaces.

(c) For one-day collections, in lieu of (b)(1), above, plastic sheeting with a minimum thickness of 6 mils may be used as an impervious surface for storing universal waste pesticides on collection day.

(d) Except as provided in (e), below, universal waste pesticides shall not be stored in areas with functional floor drains or manholes present unless secondary containment is provided around all universal waste pesticides container storage areas, capable of containing the volume of the largest capacity universal waste pesticides container present.

(e) The containment system required by (d), above, shall not be required for universal waste pesticides storage areas that store containers holding only wastes that do not contain free liquids provided that:

(1) The universal waste pesticides storage area is sloped or is otherwise designed to drain and remove liquid resulting from precipitation; or

(2) The containers are elevated or otherwise protected from contact with accumulated liquid.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1110.07 Preparedness and Prevention

A universal waste handler of pesticides shall comply with the preparedness and prevention requirements of Env-Hw 1105.06.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1110.08 Security

A universal waste handler of pesticides shall provide the security measures required by Env-Hw 1105.07 at all outdoor universal waste pesticide storage areas.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1110.09 Additional Training for Pesticides Handlers

A universal waste handler of pesticides shall comply with the personnel training requirements in 40 CFR 262.17(a)(7), amended as follows:

(a) Replace each instance of “large quantity generator” with “universal waste handler”;

(b) As used in 40 CFR 262.17(a)(7)(i)(B), “a person trained in hazardous waste management procedures” means:

(1) An outside hazardous waste management trainer;

(2) An in-house employee who has completed a hazardous waste management course or who provides documentation to demonstrate their own capabilities as in-house trainer; or

(3) A trainer who teaches a basic course or module offered by the department pursuant to Env-Hw 515; and

(c) As used in 40 CFR 262.17(a)(7)(iii), “an annual review of the initial training” means review training that is received each year no more than 90 days prior to and no more than 90 days after the anniversary date of the initial training, such that training is received every 12 months on average. In the event that any such review training is received more than 90 days prior to the anniversary date of the initial training, the anniversary date for purposes of future compliance with the annual review requirement shall be the date on which such review training is received.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1110.10 Health and Safety

A universal waste handler of pesticides shall comply with the New Hampshire department of labor rules in Lab 1400 "Safety and Health of Employees."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1111 Universal Waste Mercury-Containing Devices

N.H. Code Admin. R. Ann. Env-Hw 1111.01 Applicability

This part shall apply to all universal waste handlers of mercury-containing devices.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1111.02 Generation of Waste Mercury-Containing Devices

(a) A used mercury-containing device that is no longer operable shall become a waste on the date it is removed from service.

(b) A used mercury-containing device that is still operable and has been removed from service shall become a waste on the date the universal waste handler discards it.

(c) An unused mercury-containing device shall become a waste as specified in 40 CFR 273.4(c)(2), as reprinted in Appendix D.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1111.03 Requirements for Management of Universal Waste Mercury-Containing Devices

(a) A universal waste handler shall contain, using a container that meets the requirements of Env-Hw 1102.03(c), any mercury-containing device that shows evidence of leakage, spillage, or damage that could cause leakage.

(b) A universal waste handler shall not remove mercury-containing ampules from universal waste mercury-containing devices unless the universal waste handler complies with 40 CFR 273.33(c)(2), as reprinted in Appendix D, except that:

(1) Containers of mercury resulting from spills or leaks from broken ampules shall meet the requirements of Env-Hw 100 through 800 and Env-Hw 1200; and

(2) Removed intact ampules shall be stored in containers that meet the requirements of Env-Hw 1102.03(c).

(c) An intact mercury-containing ampule that has been removed in accordance with (b), above, may be handled as a universal waste.

(d) A universal waste handler shall not remove open original housings from universal waste mercury-containing devices unless the universal waste handler:

(1) Immediately seals the open original housing holding the mercury with an airtight seal to prevent the release of any mercury to the environment; and

(2) Removes and manages all open original housings in accordance with the requirements for removing and managing ampules specified in (b), above.

(e) An open original housing that has been removed and sealed in accordance with (d), above, may be handled as a universal waste.

(f) A universal waste handler that removes mercury-containing ampules from mercury-containing devices or seals mercury from mercury-containing devices in its original housing shall determine whether the following materials exhibit a characteristic of hazardous waste identified in Env-Hw 403:

(1) Mercury cleanup residues or other wastes resulting from spills or leaks; and

(2) Other waste generated as a result of the removal of mercury-containing ampules or original housings, such as the remaining mercury-containing devices.

(g) If the mercury residues or other waste described in (f), above, or any combination thereof, exhibit a characteristic of hazardous waste, the universal waste handler shall:

(1) Be considered the generator of the mercury residues, or other waste, or both; and

(2) Comply with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 1100); ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1111.04 Labeling/Marking of Mercury-Containing Devices

A universal waste handler of mercury-containing devices shall clearly label or mark each universal waste mercury-containing device or container holding mercury-containing devices with any or all of the following:

(a) "Universal Waste - Mercury-Containing Device(s);

(b) "Waste Mercury-Containing Device(s)"; or

(c) "Used Mercury-Containing Device(s)."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1112 Universal Waste Lamps

N.H. Code Admin. R. Ann. Env-Hw 1112.01 Applicability

This part shall apply to all universal waste handlers of lamps.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1112.02 Generation of Waste Lamps

(a) A used lamp that is burned out shall become a waste on the date it is removed from service.

(b) A used lamp that is not burned out and has been removed from service shall become a waste on the date the universal waste handler discards it.

(c) An unused lamp shall become a waste as specified in 40 CFR 273.5(c)(2), as reprinted in Appendix D.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1112.03 Requirements for Management of Universal Waste Lamps

(a) Intact and broken lamps shall be stored in containers that meet the requirements of Env-Hw 1102.03(c).

(b) A universal waste handler shall not intentionally crush or dismantle universal waste lamps unless a permit has been obtained in accordance with Env-Hw 300.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1112.04 Labeling/Marking of Lamps

A universal waste handler of lamps shall clearly label or mark each lamp or container holding universal waste lamps with any or all of the following:

(a) "Universal Waste - Lamp(s);

(b) "Waste Lamp(s)"; or

(c) "Used Lamp(s)."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1113 Universal Waste Cathode Ray Tubes

N.H. Code Admin. R. Ann. Env-Hw 1113.01 Applicability

This part shall apply to all universal waste handlers of cathode ray tubes.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1113.02 Generation of Waste Cathode Ray Tubes

A used or unused cathode ray tube shall become a waste on the date it is determined to be not repairable or reusable for its originally intended purpose.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1113.03 Requirements for Management of Universal Waste Cathode Ray Tubes

(a) A cathode ray tube that shows evidence of breakage, spillage, or damage that could cause release of glass particles shall be contained using a container that complies with Env-Hw 1102.03(c).

(b) A universal waste handler of cathode ray tubes shall not intentionally break or shred universal waste cathode ray tubes unless the universal waste handler:

(1) Installs and maintains systems designed to minimize releases via wind dispersal, run-off, and releases to the soil;

(2) Uses breaking, shredding, and storage practices that do not pose a hazard to human health or the environment;

(3) Prevents exposure of humans or the environment to harmful quantities of lead and other hazardous constituents;

(4) Stores shredded and broken cathode ray tubes or components or both in closed, non-leaking containers that meet the requirements of Env-Hw 1102.03(c); and

(5) Before transporting or offering shredded cathode ray tubes or components or both for transport, packages the shredded cathode ray tubes or components or both in containers that are:

a. Impermeable;

b. Closed; and

c. Designed to prevent releases to the environment.

(c) A universal waste handler that shreds or intentionally breaks cathode ray tubes shall determine whether the following materials exhibit a characteristic of hazardous waste identified in Env-Hw 400:

(1) Cleanup residues resulting from spills or leaks; and

(2) Other waste generated from the shredding or breaking of cathode ray tubes, such as:

a. Residual waste from pollution control devices;

b. Blast media;

c. Cleaning media;

d. Floor sweepings; or

e. Glass fines.

(d) If the residues, other waste, or both described in (c), above, exhibit a characteristic of hazardous waste, the universal waste handler shall be considered the generator of the residues, other waste, or both and manage them in accordance with applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1113.04 Labeling/Marking of Cathode Ray Tubes

A universal waste handler of cathode ray tubes shall clearly label or mark each universal waste cathode ray tube, or container holding intact, shredded, or broken universal waste cathode ray tubes with any or all of the following:

(a) "Universal Waste - Cathode Ray Tube(s)";

(b) "Waste Cathode Ray Tube(s)"; or

(c) "Used Cathode Ray Tube(s)."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1114 Universal Waste Antifreeze

N.H. Code Admin. R. Ann. Env-Hw 1114.01 Applicability

This part shall apply to all universal waste handlers of antifreeze.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1114.02 Generation of Universal Waste Antifreeze

(a) Used antifreeze shall become a waste on the date that, through use or handling, the antifreeze has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

(b) Unused antifreeze shall become a waste on the date the universal waste handler discards it.

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1114.03 Requirements for Management of Universal Waste Antifreeze

A universal waste handler shall contain universal waste antifreeze in tanks or containers that meet the requirements of Env-Hw 1102.03(c).

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

N.H. Code Admin. R. Ann. Env-Hw 1114.04 Labeling/Marking of Antifreeze

A universal waste handler of antifreeze shall clearly label or mark the container, or tank holding antifreeze with any or all of the following:

(a) "Universal Waste - Antifreeze";

(b) "Waste Antifreeze"; or

(c) "Used Antifreeze."

History

• #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw 1100) ss by #9367, eff 1-28-09; ss by #12353, eff 8-14-17

Part Env-Hw 1115 Universal Waste Aerosol Cans

N.H. Code Admin. R. Ann. Env-Hw 1115.01 Applicability

This part shall apply to all universal waste handlers of aerosol cans.

History

• #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1115.02 Generation of Waste Aerosol Cans

(a) A used aerosol can shall become a waste on the date it is discarded.

(b) An unused aerosol can shall become a waste as specified in 40 CFR 273.6(c)(2), reprinted in Appendix D.

History

• #13406, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1115.03 Requirements for Management of Universal Waste Aerosol Cans

(a) A universal waste handler shall store all universal waste aerosol cans in containers that:

(1) Meet the requirements of Env-Hw 1102.03(c)(2) and (3); and

(2) Are protected from sources of heat.

(b) Immediately, not to exceed one hour from discovery, aerosol cans that show evidence of leakage shall be:

(1) Packaged in a separate container that meets the requirements of Env-Hw 1102.03(c);

(2) Overpacked with absorbents in a container that meets the requirements of Env-Hw 1102.03(c); or

(3) Punctured and drained in accordance with (d), below.

(c) A universal waste handler may conduct the following activities as long as each individual aerosol can is not breached and remains intact:

(1) Sorting aerosol cans by type;

(2) Mixing intact cans in one container; and

(3) Removing actuators to reduce the risk of accidental release.

(d) A universal waste handler shall not puncture and drain aerosol cans unless the universal waste handler:

(1) Recycles the empty punctured aerosol cans;

(2) Conducts puncturing and draining activities using a device that satisfies the requirements of 40 CFR 273.13(e)(4)(i), reprinted in Appendix D;

(3) Establishes and follows a written procedure detailing how to safely puncture and drain the aerosol can, including:

a. Proper assembly, operation, and maintenance of the unit;

b. Segregation of incompatible wastes; and

c. Waste management practices to prevent fires and releases;

(4) Ensures employees operating the unit are trained on the procedure;

(5) Maintains a copy of the manufacturer’s specifications and instructions for the unit on site;

(6) Ensures the puncturing of the can is done in a manner designed to prevent fires and to prevent the release of any component of universal waste to the environment, including, but not limited to, locating the puncturing unit:

a. On a solid, flat surface; and

b. In a well-ventilated area;

(7) Immediately transfers the contents from the waste aerosol can or puncturing device, if applicable, to a container that meets the applicable requirements of Env-Hw 500;

(8) Conducts a hazardous waste determination pursuant to Env-Hw 502 on:

a. The material removed from the aerosol can; and

b. Any filters, media, and residue from the puncturing device’s vapor recovery system;

(9) Establishes and follows a written procedure in the event of a spill or release; and

(10) Provides and maintains a spill cleanup kit.

(e) If the contents of the emptied aerosol cans described in (d)(8), above, are hazardous waste, the universal waste handler shall:

(1) Be considered the generator of the hazardous waste; and

(2) Comply with all applicable requirements of Env-Hw 400 through Env-Hw 800 and Env-Hw 1200.

History

• #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1115.04 Labeling or Marking of Aerosol Cans

A universal waste handler of aerosol cans shall clearly label or mark each universal waste aerosol can or container holding universal waste aerosol cans with at least one of the following:

(a) “Universal Waste – Aerosol Can(s)”;

(b) “Waste Aerosol Can(s)”; or

(c) “Used Aerosol Can(s).”

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 1101

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1102

RSA 147-A:3, IV, VI, and VII

40 CFR 273

Env-Hw 1103

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1104

RSA 147-A:3, IV and VI

40 CFR 273

Env-Hw 1105

RSA 147-A:3, IV and VI

40 CFR 273

Env-Hw 1106

RSA 147-A:3, IV, VI, and VII

40 CFR 273

Env-Hw 1107

RSA 147-A:3, IV, VI, and VII

40 CFR 273

Env-Hw 1108

RSA 147-A:3, I and II

40 CFR 273

Env-Hw 1109

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1110

RSA 147-A:3, IV and XIII

40 CFR 273

Env-Hw 1111

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1112

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1113

RSA 147-A:3, IV

40 CFR 273

Env-Hw 1114

RSA 147-A:3, IV and XIII

40 CFR 273

Env-Hw 1115

RSA 147-A:3, IV

40 CFR 273

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #13406, eff 7-23-22

Chapter Env-Hw 1200 Land Disposal Restrictions

Part Env-Hw 1201 Purpose, Applicability, and Exemptions

N.H. Code Admin. R. Ann. Env-Hw 1201.01 Purpose

The purpose of this chapter is to establish requirements for land disposal of hazardous wastes.

History

• #12354, eff 8-14-17; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1201.02 Applicability

This chapter shall apply to any person who generates or transports hazardous waste and to any owner or operator of hazardous waste treatment, storage, and disposal facilities, except as provided in Env-Hw 1201.03 or in 40 CFR Part 268 as incorporated by reference in Env-Hw 1202.01.

History

• #12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1201.03 Exemptions

This chapter shall not apply to:

(a) NH-only wastes; or

(b) Wastes generated by very small quantity generators.

History

• #12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1202 Land Disposal Restrictions

N.H. Code Admin. R. Ann. Env-Hw 1202.01 Federal Requirements Incorporated

Except as specified in Env-Hw 1202.02, the federal land disposal requirements in 40 CFR Part 268 are incorporated by reference, including the applicable test methods identified in 40 CFR 260.11(c)(4) that are published in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846, available as noted in Appendix B.

History

• #12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1202.02 Amendments, Exceptions, and Modifications to Incorporated Federal Requirements

The following amendments, exceptions, and modifications shall apply to the incorporated requirements:

(a) Delete the following provisions of 40 CFR 268, which are administered and enforced by EPA, not by the department:

(1) 40 CFR 268.5, 268.6, 268.42(b) and 268.44(a) through (g), relative to case-by-case extensions, exemptions, alternative treatment methods, and variances;

(2) “Effective dates” referenced within 40 CFR 268.20 through 40 CFR 268.50 that are earlier than August 14, 2017; and

(3) “Effective dates” listed within 40 CFR 268 Appendices VII and VIII that are earlier than August 14, 2017;

(b) Delete the following provisions of 40 CFR 268, because Env-Hw 701.03(a) prohibits the use of underground injection wells as a means of disposal of hazardous waste within the state:

(1) All of 40 CFR 268.1(c)(3);

(2) In 40 CFR 268.7(a)(7), the phrase “or are managed in an underground injection well regulated by the SDWA”;

(3) In 40 CFR 268.37(a), the phrase “or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),”;

(4) All of 40 CFR 268.37(b);

(5) In 40 CFR 268.38(a), the phrase “or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),”;

(6) In 40 CFR 268.38(b) and 40 CFR 268.39(b), the phrase “or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),”;

(7) In 40 CFR 268.40(e), the phrase “or that is injected into a Class I nonhazardous deep injection well,”; and

(8) In 40 CFR 268.40/Table “Treatment Standards for Hazardous Wastes”, footnote 9;

(c) Amend 40 CFR 268.1(e)(1) by replacing “§260.10 of this chapter” with “Env-Hw 104”;

(d) Amend 40 CFR 268.1(f) to read as follows: “Universal waste handlers and universal waste transporters that manage universal waste in compliance with Env-Hw 1100 are exempt from the requirements of 40 CFR 268.7 and 268.50.”;

(e) Amend 40 CFR 268.3(a) by adding the following: “Any deliberate mixing of one or more prohibited hazardous wastes with debris that changes its treatment classification from waste to debris or hazardous debris shall be prohibited.”;

(f) Delete 40 CFR 268.3(b), regarding exceptions to the dilution prohibition;

(g) Amend 40 CFR 268.7(a)(5) by replacing “40 CFR 262.15, 262.16, and 262.17” with “Env-Hw 500”;

(h) Amend 40 CFR 268.7(a)(8) by changing the last sentence to read as follows: “The requirements of this paragraph apply to wastes even when the hazardous characteristic is removed prior to disposal or when the waste is exempt from regulation subsequent to the point of generation.”;

(i) Amend 40 CFR 268.7(a)(9)(iii) by replacing “D001-D043” with “D001-D008 and D010-D043”;

(j) Delete 40 CFR 268.7(a)(10), regarding the exemption for tolling agreements;

(k) Amend 40 CFR 268.50(a)(1) by replacing “§§262.16 and 262.17 and parts 264 and 265 of this chapter” with “Env-Hw 509 and Env-Hw 700”;

(l) Amend 40 CFR 268.50(a)(2)(i)(B) to read as follows: “All applicable EPA and NH hazardous waste numbers”; and

(m) Delete 40 CFR 268.50(g), regarding hazardous remediation wastes stored in a staging pile.

History

• #12354, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1202.03 Requirement to Obtain Permit

Treatment of hazardous waste to achieve compliance with the land disposal restrictions of this chapter shall be subject to the permitting requirements of Env-Hw 300.

History

• #12354, eff 8-14-17; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1202.04 Management and Disposal of Hazardous Debris and Contaminated Soil

Hazardous debris or contaminated soil that has been treated to comply with this chapter such that it is no longer regulated as hazardous waste shall instead be managed and disposed of in accordance with Env-Or 611 and Env-Sw 903, as applicable.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 1200

RSA 147-A:3, IV and VI

40 CFR 268

Appendix B: Incorporation by Reference Information

Rule

Title

Obtain at:

Env-Hw 1202.01

EPA publication “SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods”, Third Edition, as amended through Update VII dated July 30, 2021

National Technical Information Service (NTIS)

5285 Port Royal Road

Springfield, VA 22161

(800) 553-NTIS [(800)-553-6847]

Free online at:

https://www.epa.gov/hw-sw846/sw-846-compendium

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #12354, eff 8-14-17; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35

Chapter Env-Hw 1300 Hazardous Waste Pharmaceuticals

Part Env-Hw 1301 Purpose, Applicability, and Exemptions

N.H. Code Admin. R. Ann. Env-Hw 1301.01 Purpose

The purpose of this chapter is to establish requirements for management of hazardous waste pharmaceuticals.

History

• #13407, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1301.02 Applicability

This chapter shall apply to healthcare facilities and reverse distributors, except as provided in 40 CFR 266 Subpart P as incorporated by reference in Env-Hw 1302.01.

History

• #13407, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1301.03 Exemptions

This chapter shall not apply to NH-only wastes.

History

• #13407, eff 7-23-22

Part Env-Hw 1302 Hazardous Waste Pharmaceuticals

N.H. Code Admin. R. Ann. Env-Hw 1302.01 Federal Requirements Incorporated

Subject to the amendments specified in Env-Hw 1302.02, the provisions for management of hazardous waste pharmaceuticals in 40 CFR 266 Subpart P shall apply in New Hampshire.

History

• #13407, eff 7-23-22

N.H. Code Admin. R. Ann. Env-Hw 1302.02 Amendments to Incorporated Federal Requirements

The following amendments shall apply to the incorporated requirements:

(a) Amend 40 CFR 266.500 by:

(1) Deleting the definition of “household waste pharmaceutical” and replacing it with “Household waste pharmaceutical means a pharmaceutical that is a household waste and is excluded from regulation as a hazardous waste pursuant to RSA 147-A:2, VII(b).”; and

(2) Deleting the definition of “non-pharmaceutical hazardous waste” and replacing it with “Non-pharmaceutical hazardous waste means a hazardous waste that is not a pharmaceutical.”;

(b) Amend 40 CFR 266.501 as follows:

(1) Amend 40 CFR 266.501(a) and (b) to read as follows:

“(a) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to Env-Hw 500 and is not subject to this subpart, except for §§ 266.505 and 266.507 and the optional provisions of § 266.504.

(b) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, has the option of complying with § 266.501(d) for the management of its hazardous waste pharmaceuticals as an alternative to complying with Env-Hw 500 and the optional provisions of § 266.504.”;

(2) Amend 40 CFR 266.501(d) introductory language and (e) by replacing “parts 262 through 265” and with “Env-Hw 500 through Env-Hw 700”;

(3) Amend 40 CFR 266.501(f) by replacing “40 CFR part 262” with “Env-Hw 500”; and

(4) Amend 40 CFR 266.501(g) introductory language by replacing “40 CFR parts 260 through 273” and with “the hazardous waste rules”;

(c) Amend 40 CFR 266.502 as follows:

(1) Amend 40 CFR 266.502(a) to read as follows:

“(a) Notification and withdrawal from this subpart for healthcare facilities managing hazardous waste pharmaceuticals—

(1) Notification. A healthcare facility shall notify the department that it is a healthcare facility operating under this subpart, by completing and submitting to the department Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, and the following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.” When completing item 10 of the form, in lieu of providing a narrative description, EPA and state hazardous waste numbers, and estimated quantity generated per month for its hazardous waste pharmaceuticals, a healthcare facility shall enter the word “pharmaceuticals”. A healthcare facility shall submit a separate Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, for each site or EPA identification number.

(i) A healthcare facility that already has an EPA identification number shall notify the department, using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, that it is a healthcare facility within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(ii) A healthcare facility that does not have an EPA identification number shall obtain one by notifying the department, using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, that it is a healthcare facility within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(iii) A healthcare facility shall keep a copy of its notification on file for as long as the healthcare facility is subject to this subpart.

(2) Withdrawal. A healthcare facility that operated under this subpart but is no longer subject to this subpart, because it is a very small quantity generator under Env-Hw 500 when counting all its hazardous waste, and elects to withdraw from this subpart, shall notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, that it is no longer operating under this subpart. A healthcare facility that is withdrawing from this subpart shall provide all applicable EPA and state hazardous waste numbers for its hazardous waste pharmaceuticals in item 10 of the form. A healthcare facility shall submit a separate Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, for each EPA identification number.

(i) A healthcare facility shall submit Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, notifying that it is withdrawing from this subpart before it begins operating under Env-Hw 500.

(ii) A healthcare facility shall keep a copy of its withdrawal on file for 3 years from the date of signature on the notification of its withdrawal.”;

(2) Amend 40 CFR 266.502(g) by adding after “40 CFR part 268” the following: “, incorporated by reference in Env-Hw 1202”;

(3) Amend 40 CFR 266.502(h) by adding the following:

“(5) If a returned shipment is accompanied by a paper manifest or an electronic manifest that was printed for the healthcare facility’s signature, submit a copy of the signed manifest to the department within 5 days of receipt of the returned shipment.”;

(4) Amend 40 CFR 266.502(i) by adding the following:

“(4) A healthcare facility shall be subject to the quarterly reporting requirements of Env-Hw 512.02 with respect to non-creditable hazardous waste pharmaceuticals.”;

(5) Amend 40 CFR 266.502(j)(1) to read as follows:

“(1) A healthcare facility shall keep a copy of each manifest signed in accordance with Env-Hw 510.02 and each signed copy from the designated facility that received the non-creditable hazardous waste pharmaceuticals for 3 years from the date of signature by the healthcare facility. A healthcare facility may rely on the electronic manifest system to satisfy manifest recordkeeping requirements only if the healthcare facility has registered in the electronic manifest system and has established access to manifest records stored therein, except as follows:

(i) For shipments using an electronic manifest that was printed for the healthcare facility’s signature, the healthcare facility shall retain the paper copy of the electronic manifest with the healthcare facility’s signature for three years from the date of signature by the healthcare facility.

(ii) For shipments using a paper manifest, a healthcare facility that has registered in the electronic manifest system shall retain the copy of the manifest signed in accordance with Env-Hw 510.02 until such time as the healthcare facility verifies, in the electronic manifest system, receipt of the shipment by the designated facility.”;

(6) Amend 40 CFR 266.502(j)(3) by replacing “§ 262.11(f)” with “Env-Hw 502.01”;

(7) Amend 40 CFR 266.502(j) by adding the following:

“(6) A healthcare facility shall keep a copy of each quarterly activity report for 3 years from the due date of the report.”;

(8) Amend 40 CFR 266.502(l) introductory language by replacing “§ 262.14” with “Env-Hw 500”; and

(9) Amend 40 CFR 266.502(l)(1) by:

a. Replacing “(as defined in § 260.10)” with “(as defined in Env-Hw 104)”; and

b. Replacing “§ 260.10 of this chapter” with “Env-Hw 104”;

(d) Amend 40 CFR 266.503 as follows:

(1) Amend 40 CFR 266.503(b) introductory language by replacing “§ 262.14” with “Env-Hw 500”; and

(2) Amend 40 CFR 266.503(b)(1) by replacing “§ 260.10” with “Env-Hw 104”;

(e) Amend 40 CFR 266.504 as follows:

(1) Amend 40 CFR 266.504(b)(2) to read as follows:

“(2) The very small quantity generator healthcare facility meets the conditions of Env-Hw 508.02(h)(4)a. and the receiving small or large quantity generator meets the conditions in Env-Hw 509.02(e)”; and

(2) Amend 40 CFR 266.504(d) to read as follows:

“(d) Long-term care facilities with 20 beds or fewer. A long-term care facility with 20 beds or fewer shall determine the applicability of 40 CFR 266 Subpart P in accordance with 40 CFR 266.501, as amended by Env-Hw 1302.02(b).”;

(f) Amend 40 CFR 266.505 by replacing “§ 262.14” with “Env-Hw 500”;

(g) Amend 40 CFR 266.506(a) introductory language by replacing “40 CFR parts 262 through 273” with “Env-Hw 300 and Env-Hw 500 through Env-Hw 1300”;

(h) Amend 40 CFR 266.507 as follows:

(1) Amend 40 CFR 266.507(c) by replacing “defined in § 261.7(b)(1) of this subchapter” with “specified in Env-Hw 401.03(d)(1)”; and

(2) Amend 40 CFR 266.507(d) by replacing “defined in § 261.7(b)(1) or (2) of this subchapter” with “specified in Env-Hw 401.03(d)(1) or (2), as applicable”;

(i) Amend 40 CFR 266.508 as follows:

(1) Amend 40 CFR 266.508(a)(2) by replacing “40 CFR part 262 subpart B” with “Env-Hw 510 and Env-Hw 511.02”;

(2) Amend 40 CFR 266.508(a)(2)(i) by replacing “EPA Form 8700–22” with “the manifest”; and

(3) Amend 40 CFR 266.508(a)(2)(ii), as amended effective March 21, 2025, by Federal Register volume 89, page 99727, dated December 11, 2024, and Federal Register volume 90, page 9010, dated February 5, 2025, by replacing both instances of “EPA Form 8700–22” with “the manifest”; and

(j) Amend 40 CFR 266.510 as follows:

(1) Amend 40 CFR 266.510(a)(1) to read as follows:

“(1) Notification. A reverse distributor shall notify the department that it is a reverse distributer operating under this subpart, by completing and submitting to the department Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, and the following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(i) A reverse distributor that already has an EPA identification number shall notify the department, using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, that it is a reverse distributor, as defined in § 266.500, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.

(ii) A reverse distributor that does not have an EPA identification number shall obtain one by notifying the department, using a Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, that it is a reverse distributor, as defined in § 266.500, within 60 days of the effective date of this subpart, or within 60 days of becoming subject to this subpart.”;

(2) Amend 40 CFR 266.510(a)(7) by replacing “40 CFR part 262 subpart M” with “Env-Hw 509.02(a)(5)”;

(3) Amend 40 CFR 266.510(a)(8) by replacing “§ 262.17(a)(8)(ii) and (iii)” with “Env-Hw 513.05”;

(4) Amend 40 CFR 266.510(c)(3) by replacing “§ 262.17(a)(7)” with “Env-Hw 509.02(a)(6)”;

(5) Amend 40 CFR 266.510(c)(7) by adding the following: “(v) If a returned shipment is accompanied by a paper manifest or an electronic manifest that was printed for the reverse distributor’s signature, submit a copy of the signed manifest to the department within 5 days of receipt of the returned shipment.”;

(6) Amend 40 CFR 266.510(c)(8) by adding after “40 CFR part 268” the following words: “, incorporated by reference in Env-Hw 1202”;

(7) Amend 40 CFR 266.510(c)(9) by adding the following: “(iii) A reverse distributor shall be subject to the quarterly reporting requirements of Env-Hw 512.02 with respect to evaluated hazardous waste pharmaceuticals.”;

(8) Amend 40 CFR 266.510(c)(10)(ii) to read as follows:

“(ii) A reverse distributor shall keep a copy of each manifest signed in accordance with Env-Hw 510.02 and each signed copy from the designated facility that received the evaluated hazardous waste pharmaceuticals for 3 years from the date of signature by the reverse distributor. A reverse distributor may rely on the electronic manifest system to satisfy manifest recordkeeping requirements only if the reverse distributor has registered in the electronic manifest system and has established access to manifest records stored therein, except as follows:

(A) For shipments using an electronic manifest that was printed for the reverse distributor’s signature, the reverse distributor shall retain the paper copy of the electronic manifest with the reverse distributor’s signature for 3 years from the date of signature by the reverse distributor.

(B) For shipments using a paper manifest, a reverse distributor that has registered in the electronic manifest system shall retain the copy of the manifest with the reverse distributor’s signature until such time as the reverse distributor verifies, in the electronic manifest system, receipt of the shipment by the designated facility.”;

(9) Amend 40 CFR 266.510(c)(10)(v) by replacing “§ 262.17(a)(7)(iv)” with “Env-Hw 509.02(a)(2)”;

(10) Amend 40 CFR 266.510(c)(10) by adding the following:

“(vii) A reverse distributor shall keep a copy of each quarterly activity report for 3 years from the due date of the report.”; and

(11) Amend 40 CFR 266.510(d) introductory language by replacing “40 CFR parts 264, 265, and 267 and the permit requirements of 40 CFR part 270” with “Env-Hw 700 and the permit requirements of Env-Hw 300”.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 1300

RSA 147-A:3, I-VI;

RSA 147-B:7; RSA 147-B:8;

RSA 147-B:9; RSA 147-B:11

40 CFR 266 Subpart P

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #13407, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Chapter Env-Hw 1400 Requirements for Management of Used Oil Being Recycled

Part Env-Hw 1401 Purpose; Definitions

N.H. Code Admin. R. Ann. Env-Hw 1401.01 Purpose

The purpose of this chapter is to identify wastes subject to regulation as used oil and to set forth requirements for used oil handlers.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1401.02 Definitions

For purposes of this chapter, the following definitions shall apply:

(a) “Automotive used oil” means any lubricating oil that is reclaimable and classified for use in an internal combustion engine, transmission, gear box, brake system, hydraulic system, or differential of a motor vehicle, boat, or off-highway recreational vehicle, or in commercial or household power equipment, including but not limited to heavy machinery, chainsaws, portable generators, and pumps. The term does not include mixtures of oil and gasoline intended for use as a fuel;

(b) “Commercial used oil collection center” means any site or facility that accepts, aggregates, and stores used oil collected from used oil generators regulated under this chapter in shipments of no more than 55 gallons under the provisions of Env-Hw 1406.05(c) and (d). A commercial used oil collection center can also accept household DIY used oil from household DIY used oil generators;

(c) “Existing tank” means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the 2025 effective date of this chapter. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either:

(1) A continuous on-site installation program has begun; or

(2) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time;

(d) “Processing” means “processing” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(e) “Re-refining” means a processing operation that might include settling, filtering, catalytic conversion, fractional or vacuum distillation, hydrotreating, polishing, or a combination thereof, that produces specification fuel, reconstituted lubricating oils or fluids, distillate fuel, lube feedstock, asphaltic bottoms, other non-fuel derived products, or a combination thereof;

(f) “Used oil aggregation point” means any site or facility that accepts, aggregates, and stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons under the provisions of Env-Hw 1406.05(c) and (d). A used oil aggregation point can also accept household DIY used oil from household DIY used oil generators;

(g) “Used oil burner” means a facility that burns used oil for energy recovery in devices identified in Env-Hw 1409.03, except as specified in Env-Hw 1409.01(b);

(h) “Used oil fuel marketer” means a used oil handler that conducts either of the following activities:

(1) Directs a shipment of used oil from its facility to a used oil burner; or

(2) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Env-Hw 1404.02;

(i) “Used oil generator” means “used oil generator” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(j) “Used oil processor/re-refiner” means “used oil processor/re-refiner” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(k) “Used oil transfer facility” means any transportation related facility, including loading docks, parking areas, storage areas, and other areas, where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to 40 CFR 279.20(b)(2). A transfer facility that stores used oil for more than 35 days shall be subject to regulation under Env-Hw 1408 for used oil processors/re-refiners; and

(l) “Used oil transporter” means “used oil transporter” as defined in 40 CFR 279.1, as reprinted in Appendix D.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1402 Applicability

N.H. Code Admin. R. Ann. Env-Hw 1402.01 Applicability of Chapter

(a) This chapter shall apply to:

(1) Used oil, as defined in Env-Hw 104, except as specified otherwise in this part;

(2) Used oil generated, transported, collected, or marketed for purposes of recycling, including by being reused, re-refined, reclaimed, burned for energy recovery, or processed; and

(3) Used oil burned for energy recovery.

(b) Used oil that is destined to be recycled and also exhibits a hazardous waste characteristic, due to contamination through use and not as a result of being mixed with a hazardous waste, shall be subject to regulation under this chapter instead of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200.

(c) If used oil is disposed of or is not destined to be recycled, the used oil shall be regulated as NH01 listed hazardous waste pursuant to Env-Hw 402.06(c) and subject to regulation under Env-Hw 100 through Env-Hw 800 and Env-Hw 1200 instead of this chapter.

(d) Used oil subject to RSA 339-B:2 and RSA 339-B:2-a shall be handled in accordance with the applicable requirements of this chapter.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.02 Mixtures of Used Oil and Listed Hazardous Waste

(a) A mixture of used oil and any other listed hazardous waste identified in Env-Hw 402, including used oil that is blended with hazardous waste to formulate a hazardous waste fuel, shall be regulated as a hazardous waste rather than used oil under this chapter.

(b) Except as specified in (c) through (e), below, used oil containing more than 1,000 parts per million (ppm) of total halogens shall be presumed by the department to have been mixed with halogenated listed hazardous waste, and therefore is subject to regulation:

(1) Under Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, as F001 or F002 listed hazardous waste, or both; and

(2) If not recycled, as NH01 listed hazardous waste.

(c) A used oil handler may rebut the presumption in (b), above, by demonstrating that the halogens in the used oil are not a result of mixing with hazardous waste.

(d) Used oil that satisfies the rebuttable presumption shall be managed as off-specification used oil, subject to the applicable requirements of this chapter.

(e) A used oil handler shall keep documentation used to rebut the presumption for 3 years from the date the used oil was last handled.

(f) The presumption in (b), above, shall not apply to used oil that:

(1) Consists solely of metalworking oils or fluids containing chlorinated paraffins and that is reclaimed and returned to the used oil generator for use as a lubricant, cutting oil, or coolant, provided that the reclamation is conducted:

a. Under a contractual agreement, known as a tolling arrangement, that indicates:

1. The type of used oil and frequency of shipments;

2. That the vehicle used to transport the used oil to the processor/re-refiner and to deliver recycled used oil back to the generator is owned and operated by the processor/re-refiner; and

3. That the reclaimed oil will be returned to the generator; and

b. By a used oil processor/re-refiner that has an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration; or

(2) Consists solely of used oil contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.03 Mixtures of Used Oil and Characteristic Hazardous Waste

(a) Except as provided in (b), below, a mixture of used oil and any characteristic hazardous waste shall be regulated as a hazardous waste, rather than used oil under this chapter.

(b) A mixture of used oil and ignitable-only hazardous waste shall be managed under this chapter if:

(1) A representative sample of the hazardous waste prior to mixing is hazardous only for the characteristic of ignitability as specified in Env-Hw 403.03(b);

(2) A representative sample of the used oil and hazardous waste mixture has a flash point greater than 140°F; and

(3) The used oil handler creating the mixture maintains documentation onsite documenting satisfaction of the requirements of (b)(1) and (2), above, for 3 years from the date the mixture was last handled.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.04 Materials Containing or Otherwise Contaminated with Used Oil

(a) Except as provided in (b)(1), below, materials containing or otherwise contaminated with used oil from which used oil has been drained to the extent possible such that no visible signs of free-flowing oil remain in or on material:

(1) Shall not be subject to regulation as used oil under this chapter; and

(2) Shall be subject to the applicable requirements of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, except that the NH01 hazardous waste number shall not apply.

(b) The following materials shall be subject to regulation as used oil under this chapter:

(1) Materials containing or otherwise contaminated with used oil that are burned for energy recovery, whether or not the used oil has been drained as described in (a), above; and

(2) Used oil drained or removed from materials containing or otherwise contaminated with used oil.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.05 Mixtures of Used Oil with Fuel Products

(a) Except as provided in (b), below, mixtures of used oil and fuels or other fuel products shall be subject to regulation as used oil under this chapter.

(b) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator’s own vehicles shall not be subject to this chapter once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil shall be subject to the applicable requirements of this chapter.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.06 Materials Derived from Used Oil

(a) Materials, including re-refined lubricants, that are reclaimed from used oil, are used beneficially, and are not burned for energy recovery or used in a manner constituting disposal, shall be subject to Env-Hw 401.03(b)(39).

(b) Materials produced from used oil that are burned for energy recovery, such as used oil fuels, shall be subject to regulation as used oil under this chapter.

(c) Materials derived from used oil that are disposed of or used in a manner constituting disposal shall be subject to the applicable requirements of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200 including the applicable requirements of Env-Hw 401.03(b)(26), rather than this chapter.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.07 Wastewater Containing or Otherwise Contaminated with Used Oil

The following shall be subject to regulation as used oil under this chapter:

(a) Wastewater that contains or is otherwise contaminated with used oil, unless it is exempt from the hazardous waste rules under Env-Hw 401.03(a)(2) or Env-Hw 401.03(b)(17);

(b) Used oil recovered during wastewater treatment to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the federal Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters;

(c) Oil recovered from wastewater via a used oil recovery process; and

(d) Residues or sludges resulting from treatment of wastewater that contains used oil.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.08 Used Oil on Vessels

Used oil produced on vessels from normal shipboard operations shall not be subject to this chapter until it is transported ashore.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.09 Used Oil Containing Polychlorinated Biphenyls (PCBs)

(a) Except as noted in (b), below, used oil containing polychlorinated biphenyls (PCBs) at any concentration less than 50 ppm shall be subject to the requirements of this chapter and to the prohibitions and applicable requirements of 40 CFR Part 761, including 40 CFR 761.20(d) and (e).

(b) If used oil containing 50 ppm or greater PCBs has been diluted to any concentration less than 50 ppm, the diluted used oil shall be regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm or greater and not regulated under this chapter.

(c) Used oil containing PCBs at concentrations of 50 ppm or greater shall not be subject to the requirements of this chapter but shall be subject to regulation:

(1) Under 40 CFR part 761; and

(2) As a hazardous waste unless exempt from regulation pursuant to Env-Hw 401.03(b)(25).

(d) Dilution of used oil containing PCBs shall be prohibited unless otherwise specifically provided for in this chapter or 40 CFR 761.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.10 Used Oil Introduced into Crude Oil Pipelines or a Petroleum Refining Facility

(a) Subject to the amendments specified in (b), below, the provisions in 40 CFR 279.10(g) are incorporated by reference and shall apply to used oil introduced into crude oil pipelines or a petroleum refining facility.

(b) The following amendments shall apply to the incorporated requirements:

(1) Amend 40 CFR 279.10(g)(1) through (g)(6) by replacing each occurrence of “this part” with “this chapter”; and

(2) Amend 40 CFR 279.10(g)(4) by replacing “§ 279.11” with “Env-Hw 1404.02”.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1402.11 Exemptions

The following shall be exempt from this chapter:

(a) A household DIY used oil generator; and

(b) A farmer who generates used oil from vehicles or machinery used on the farm, provided that:

(1) The quantity generated does not exceed an average of 25 gallons per month in a calendar year; and

(2) The used oil is not applied to the land.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1403 Prohibitions

N.H. Code Admin. R. Ann. Env-Hw 1403.01 Prohibitions on Management and Application of Used Oil

(a) Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to Env-Hw 300 and Env-Hw 700.

(b) Used oil shall not be applied to roads or other land areas for the purpose of dust suppression or any other reason. Use of used oil for such purposes shall be deemed to be disposal of NH01 listed hazardous waste.

(c) Used oil shall not be used as an automotive undercoating.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1404 Classification of Used Oil

N.H. Code Admin. R. Ann. Env-Hw 1404.01 Sampling and Analytical Methods

Sampling and analysis of used oil shall be conducted in accordance with Env-Hw 401.04.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1404.02 Specification Used Oil

(a) Used oil shall be classified as specification used oil if the oil:

(1) Has not been mixed with any other hazardous waste; and

(2) Meets all of the allowable levels in Table 14.1 below:

Table 14.1 Specification Used Oil Standards

Constituent/Property

Allowable Level

Arsenic

5 ppm maximum

Cadmium

2 ppm maximum

Chromium

10 ppm maximum

Lead

100 ppm maximum

Flash point

100 degrees Fahrenheit minimum

Polychlorinated biphenyls (PCBs)

Less than 2 ppm

Total halogens

1,000 ppm maximum

(b) Except as specified in Env-Hw 1402.03(b), the standards in Table 14.1 do not apply to mixtures of used oil and hazardous waste.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1404.03 Off-Specification Used Oil

(a) Used oil shall be classified as off-specification used oil if it:

(1) Exceeds one or more of the standards in Table 14.1, except as provided in (c), below;

(2) Satisfies the rebuttable presumption pursuant to Env-Hw 1402.02(d), as applicable; and

(3) Except as specified in Env-Hw 1402.03(b), has not been mixed with any other hazardous waste.

(b) A used oil handler that blends off-specification used oil to meet the specification used oil standards in Env-Hw 1404.02 shall comply with the requirements for used oil processors/re-refiners in Env-Hw 1408.

(c) Used oil containing PCBs at concentrations of 50 ppm or greater shall not be classified as off-specification used oil and instead shall be regulated as specified in Env-Hw 1402.09(c).

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1405 Standards for All Handlers of Used Oil

N.H. Code Admin. R. Ann. Env-Hw 1405.01 Applicability

The provisions of this part shall apply to all used oil handlers.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1405.02 Determining Halogen Content; Recordkeeping

(a) A used oil handler shall determine the total halogen content of the used oil they are handling by either:

(1) Testing the used oil in accordance with 1404.01; or

(2) Applying knowledge of the materials and processes generating the used oil.

(b) If a determination is made in accordance with (a)(2), above, the used oil handler shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

(c) Used oil containing greater than 1,000 ppm total halogens shall be subject to the rebuttable presumption in Env-Hw 1402.02(b).

(d) A used oil handler shall keep the following records, as applicable, for 3 years from the date the used oil was last handled:

(1) Records of analyses conducted or information used to comply with (a) and (b), above; and

(2) Documentation used to rebut the presumption as specified in Env-Hw 1402.02(e).

(e) The 3-year record retention period in (d), above, shall be extended automatically while any enforcement action is pending.

(f) A used oil handler shall make a new determination of total halogen content at any time the used oil has or might have changed as a result of changes to:

(1) The type or source of virgin oil;

(2) The process generating the used oil;

(3) The used oil handler’s used oil management practices; or

(4) Any other factor that might change the properties of the used oil such that the total halogen content might change.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1405.03 Used Oil Storage

(a) In addition to the requirements of this section, used oil shall also be stored in accordance with all applicable local, state, and federal requirements, including:

(1) Env-Or 300 – aboveground petroleum storage facilities;

(2) RSA 153:1, VI-a – provisions of the state fire code that apply to flammable and combustible materials, as may be amended pursuant to RSA 153:5, I;

(3) 40 CFR 112 – oil pollution prevention, including spill prevention, control, and countermeasures;

(4) Env-Or 400 – underground storage tank facilities; and

(5) 40 CFR 280 – technical standards and corrective action requirements for owners and operators of underground storage tanks.

(b) A used oil handler shall store used oil only in tanks or containers.

(c) Containers and tanks of used oil shall be maintained to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters.

(d) Used oil shall be stored in containers or tanks that are:

(1) In good condition as specified in 40 CFR 279.22(b)(1), as provided in Appendix D;

(2) Not leaking; and

(3) Closed at all times except to add or remove used oil.

(e) Used oil containers, aboveground tanks, and fill pipes used to transfer used oil into underground storage tanks shall be labeled or marked with the words “used oil”.

(f) While accumulating used oil in a container, a used oil handler shall:

(1) Provide a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container; and

(2) Position each container so that its used oil label or marking is not hidden by walls or other containers and can be easily read without having to move any containers.

(g) Spill control equipment, such as absorbent media, shall be available in case of spills or leaks.

(h) Except as specified in (i), below, containers and tanks shall be stored on impervious surfaces. Impervious surfaces shall include concrete and asphalt with no cracks or holes present, and shall not include earthen, wooden, or gravel surfaces.

(i) An existing tank shall be stored on an impervious surface except where portions of the existing tank meet the ground.

(j) Used oil stored in areas with functional floor drains or manholes shall have secondary containment around all containers in the used oil storage area, capable of containing the volume of the largest capacity container present.

(k) Used oil containers stored outdoors shall:

(1) Be covered to prevent precipitation from coming in contact with the tops of the containers, except when being moved to another location;

(2) Be kept closed at all times except to add or remove used oil;

(3) Have secondary containment that:

a. Is adequate to hold any spills or leaks at 110% of the volume of the largest container in the area or 10% of the total volume of containers, whichever is greater; and

b. Is covered to keep the secondary containment structure free of rain, snow, and ice; and

(4) Not be stored within any of the following distances, unless a greater distance is required by any other federal standard, state statute, or rule in which case such distance shall apply:

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective area of any public water supply well; or

d. For storm drains, 50 feet.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1405.04 Response to Releases

(a) In the event of a release of used oil to the environment from an underground storage tank, a used oil handler shall comply with the applicable requirements of Env-Or 400, Env-Or 600, and 40 CFR 280 Subpart F.

(b) In the event of a discharge of used oil from a container or aboveground tank that meets one or more of the criteria in (c), below, a used oil handler shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(c) Criteria for immediate notification in accordance with (b), above, shall be as specified in Env-Or 604.06, including but not limited to:

(1) A discharge of any oil into surface water or groundwater of the state;

(2) A discharge of 25 gallons or more of oil to land;

(3) A discharge of less than 25 gallons of oil to land, unless the discharge is cleaned up immediately and properly disposed of; or

(4) A discharge of oil that results in the presence of vapors that pose an imminent threat to human health.

(d) Upon a release, the used oil handler shall:

(1) Stop the release and contain the released used oil;

(2) Clean up and properly manage the released used oil and other materials in accordance with this chapter and Env-Or 600; and

(3) Repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1406 Additional Standards for Used Oil Generators, Household Diy Used Oil Collection Centers, Commercial Used Oil Collection Centers, and Used Oil Aggregation Points

N.H. Code Admin. R. Ann. Env-Hw 1406.01 Applicability

(a) This part shall apply to:

(1) Used oil generators;

(2) Household DIY used oil collection centers;

(3) Commercial used oil collection centers; and

(4) Used oil aggregation points.

(b) The owner or operator of a vessel on which used oil has been generated and the person(s) removing or accepting used oil from the vessel shall be co-generators of the used oil and shall be jointly and severally responsible for managing the used oil in compliance with this part once the used oil is transported ashore. The co-generators shall decide among them which party will fulfill the requirements of this part.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1406.02 Requirements for Used Oil Generators, Household DIY Used Oil Collection Centers, Commercial Used Oil Collection Centers, and Used Oil Aggregation Points

Used oil generators, household DIY used oil collection centers, commercial used oil collection centers, and used oil aggregation points shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1406.03 through Env-Hw 1406.07;

(b) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility, except as provided under Env-Hw 1406.05(c) and (d);

(c) Env-Hw 1408 for processing or re-refining used oil, except as provided under Env-Hw 1406.03;

(d) Env-Hw 1409 for burning used oil for energy recovery, except as provided under Env-Hw 1406.04; and

(e) Env-Hw 1410 for acting as a used oil fuel marketer.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1406.03 Processing Activities

A used oil generator that performs the following activities shall not be subject to the requirements for used oil processors/re-refiners in Env-Hw 1408 provided the used oil is generated onsite and is not being sent offsite to a used oil burner:

(a) Filtering, cleaning, or otherwise reconditioning used oil before reusing it onsite;

(b) Separating used oil from wastewater generated onsite to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters;

(c) Using oil mist collectors to remove droplets of used oil from in-plant air to make plant air suitable for continued recirculation;

(d) Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to Env-Hw 1402.04(a); or

(e) Filtering, separating, or otherwise reconditioning used oil before burning it onsite in a space heater pursuant to Env-Hw 1406.04.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1406.04 Onsite Burning in Space Heaters

(a) A used oil generator, or the owner or operator of a household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, may burn used oil in a used oil-fired space heater provided that:

(1) The heater burns only used oil that the owner or operator generates or used oil received from household DIY used oil generators;

(2) The heater is designed to have a maximum capacity of 0.5 million Btu per hour;

(3) The combustion gases from the heater are vented to the outside ambient air;

(4) Except as specified in (c), below, analytical results confirm that the used oil meets the limits for onsite burning specified in Table 14.2, below; and

(5) The used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point:

a. Notifies the department in accordance with Env-Hw 1409.05; and

b. Complies with the applicable requirements of Env-A 1600 for fuel specifications and Env-A 2000 for fuel burning devices.

Table 14.2 Limits for Onsite Burning of Used Oil

Constituent/Property

Allowable Level

Arsenic

18 ppm maximum

Cadmium

10 ppm maximum

Chromium

35 ppm maximum

Lead

1,000 ppm maximum

Flash point

100 degrees Fahrenheit minimum

Polychlorinated biphenyls (PCBs)

Less than 2 ppm

Total halogens

1,000 ppm maximum, unless the presumption that the used oil was mixed with halogenated hazardous waste has been rebutted as described in Env-Hw 1402.02(c)-(e).

(b) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that burns used oil in a manner that does not meet one or more of the criteria in (a), above, shall be subject to regulation as a used oil burner, a used oil fuel marketer, or both, as applicable.

(c) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall not be required to analyze used oil pursuant to (a)(4), above, if the used oil:

(1) Has not been mixed or contaminated with any other wastes; and

(2) Is either:

a. Automotive used oil generated by the owner or operator; or

b. Household DIY used oil received directly from household DIY used oil generators.

(d) The analytical results required in (a)(4), above, shall be maintained as specified in Env-Hw 1406.06(b).

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1406.05 Offsite Shipments

(a) Except as provided in (c) and (d), below, a used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall ensure that its used oil is transported only by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

(b) If a shipment of used oil subject to regulation under this chapter is accompanied by a manifest, the NH01 hazardous waste number shall not be recorded on the manifest.

(c) Subject to the requirements of (d), below, a used oil generator, household DIY used oil collection center, or used oil aggregation point may self-transport the following, without obtaining an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration:

(1) Used oil that is generated at the generator’s site;

(2) Used oil received while acting as a used oil aggregation point; and

(3) Household DIY used oil received from household DIY used oil generators.

(d) For purposes of (c), above, the used oil shall be transported:

(1) In a vehicle owned by the generator, household DIY used oil collection center, or used oil aggregation point, or an employee thereof;

(2) In quantities of no more than 55 gallons of used oil at any time;

(3) In containers that meet US DOT specifications for hazardous materials under 49 CFR 173; and

(4) Directly to:

a. A used oil aggregation point that is owned or operated, or both, by the same generator;

b. A commercial used oil collection center that has registered with the department in accordance with Env-Hw 1406.07; or

c. A facility authorized under the destination state’s rules to handle the used oil.

(e) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that wishes to direct a shipment of used oil from its facility to a used oil burner shall be subject to regulation as a used oil fuel marketer under Env-Hw 1410, except as provided in Env-Hw 1410.01(b).

History

• #14282, eff 8-1-25; ss by #14529, eff 2-28-26, EXPIRES: 2-28-36

N.H. Code Admin. R. Ann. Env-Hw 1406.06 Recordkeeping Requirements

(a) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall comply with the recordkeeping requirements in Env-Hw 1405.02 and shall keep, for at least 3 years from the date of shipment, documentation of each used oil shipment, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

(1) The used oil transporter’s name, address, and EPA identification number, if applicable;

(2) The receiving facility’s name, address, and EPA identification number, if applicable;

(3) The quantity of used oil shipped; and

(4) The date of shipment.

(b) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that burns used oil onsite shall keep the analytical results required in Env-Hw 1406.04(a)(4) for 3 years from the date the used oil was last handled.

(c) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1406.07 Commercial Used Oil Collection Centers

(a) Prior to collecting used oil, the owner or operator of a commercial used oil collection center shall register with the department by completing and submitting:

(1) Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025; and

(2) The following certification: “I hereby certify under penalty of law and in accordance with Env-Hw 207, that all statements on this form and all documentation submitted with this form are, to the best of my knowledge and belief, true, complete, and not misleading. I am aware that there are significant penalties for submitting false information, including the penalties found in Env-Hw 207.04 and the possibility of fines and imprisonment for knowing violations. If cancelling an existing registration, I certify that the collection center has been closed in accordance with Env-Hw 1406.07(h) by: removing from the site all used oil and used oil residues; and removing or decontaminating contaminated containment system components, soils, structures, and equipment, and managing such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.”

(b) A commercial used oil collection center shall submit a separate registration pursuant to (a), above, for each site where used oil is collected.

(c) If the commercial used oil collection center has not provided all of the information specified in Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025, the department shall notify the owner or operator in writing of each deficiency.

(d) If the owner or operator does not respond to the department’s notification and correct the deficiencies identified therein within 30 days of such notification, then the registration shall not be confirmed and the owner or operator shall submit a new registration prior to engaging in commercial used oil collection.

(e) If a registration is complete in that it includes all information specified in Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025, the department shall confirm the registration.

(f) A commercial used oil collection center shall notify the department orally or in writing of any changes to the information provided pursuant to (a), above, within 30 days of the effective date of any change.

(g) A commercial used oil collection center shall notify the department within 30 days after ceasing used oil collection at a particular site by completing and submitting:

(1) Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025; and

(2) The following certification: “I hereby certify under penalty of law and in accordance with Env-Hw 207, that all statements on this form and all documentation submitted with this form are, to the best of my knowledge and belief, true, complete, and not misleading. I am aware that there are significant penalties for submitting false information, including the penalties found in Env-Hw 207.04 and the possibility of fines and imprisonment for knowing violations. If cancelling an existing registration, I certify that the collection center has been closed in accordance with Env-Hw 1406.07(h) by: removing from the site all used oil and used oil residues; and removing or decontaminating contaminated containment system components, soils, structures, and equipment, and managing such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.”

(h) At closure of a commercial used oil collection center, the owner or operator shall:

(1) Remove from the site all used oil and used oil residues; and

(2) Remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

(i) The department shall cancel a registration upon receipt of notice pursuant to (g), above.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1407 Additional Standards for Used Oil Transporters and Used Oil Transfer Facilities

N.H. Code Admin. R. Ann. Env-Hw 1407.01 Applicability

(a) Except as provided in (b), below, this part shall apply to used oil transporters that transport used oil regulated under this chapter.

(b) This part shall not apply to:

(1) Onsite transportation of used oil;

(2) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that self-transports used oil as specified in Env-Hw 1406.05(c) and (d); or

(3) A household DIY used oil generator that self-transports its own used oil to a used oil generator, household DIY used oil collection center, commercial used oil collection center, used oil aggregation point, used oil processor/re-refiner, or used oil burner.

(c) A transporter that imports used oil from abroad or exports used oil outside of the state of New Hampshire or the United States shall be subject to the requirements of this part from the time the used oil enters and until the time it exits New Hampshire.

(d) Except as provided in (e), below, used oil that is transported in a tank truck that was previously used to transport hazardous waste shall be considered to have been mixed with hazardous waste and shall be regulated as a hazardous waste pursuant to Env-Hw 404.01, rather than as used oil under this chapter.

(e) Used oil transported as described in (d), above, shall be subject to this chapter, and not regulated as hazardous waste, if:

(1) The tank truck was emptied as described in Env-Hw 401.03(d) prior to transporting used oil; and

(2) The mixture is determined not to be hazardous waste under the provisions of Env-Hw 1402.02 and Env-Hw 1402.03.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.02 Requirements for Used Oil Transporters.

Used oil transporters shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1407.03 through Env-Hw 1407.09;

(b) Env-Hw 602, Env-Hw 609, and Env-Hw 610 for hazardous waste transporter registration and notification;

(c) Env-Hw 603.02, Env-Hw 603.03, Env-Hw 603.05, Env-Hw 603.07, and Env-Hw 603.08 for vehicle identification, security, and safety;

(d) US DOT regulations in 49 CFR parts 171 through 180;

(e) Rules adopted by the New Hampshire department of safety;

(f) Env-Hw 1406 for generating used oil;

(g) Env-Hw 1408 for processing or re-refining used oil, except as provided under Env-Hw 1407.03;

(h) Env-Hw 1409 for burning used oil for energy recovery; and

(i) Env-Hw 1410 for acting as a used oil fuel marketer.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.03 Allowable Processing Activities

(a) A used oil transporter may consolidate or aggregate loads of used oil for purposes of transportation.

(b) Except as provided in (c), below, a used oil transporter shall not process used oil unless the transporter also complies with the requirements for used oil processor/re-refiners in Env-Hw 1408.

(c) A used oil transporter shall not be subject to the requirements for used oil processor/re-refiners in Env-Hw 1408 for conducting the following activities:

(1) Incidental processing operations during the normal course of used oil transportation, including settling and water separation, but that are not designed to produce, or make used oil more amenable for production of, used oil derived products; or

(2) Transporting used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.04 Labeling and Packaging

Prior to and during transportation, a used oil transporter shall ensure that each container holding used oil is:

(a) Clearly labeled or marked with:

(1) The words “used oil”; and

(2) All applicable US DOT required information as set forth in 49 CFR Part 172;

(b) Secured against movement within the vehicle if the container holding used oil is not a part of the vehicle; and

(c) Sealed to prevent releases.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.05 Delivery

(a) A used oil transporter shall deliver all used oil received to the following entities provided the entity has obtained an EPA identification number:

(1) Another used oil transporter, subject to (b), below;

(2) A used oil processor/re-refiner; or

(3) A used oil burner.

(b) For the purposes of (a)(1), above, if the transfer occurs within New Hampshire:

(1) The used oil transporter receiving the used oil shall also possess a current and valid New Hampshire hazardous waste transporter registration; and

(2) The transfer shall occur at either a used oil transfer facility or a permitted hazardous waste transfer facility.

(c) If a shipment of used oil subject to regulation under this chapter is accompanied by a manifest, the NH01 hazardous waste number shall not be recorded on the manifest.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.06 Additional Requirements for Response to Releases

(a) In the event of a release of used oil, a used oil transporter shall comply with the requirements of Env-Hw 1405.04 and, as applicable:

(1) An air, rail, highway, or water transporter that has discharged used oil shall:

a. Give notice, if required by 49 CFR 171.15, to the national response center by calling (800) 424–8802 or (202) 426–2675; and

b. Report the discharge in writing as required by 49 CFR 171.16; and

(2) A water transporter that has discharged used oil shall give notice as required by 33 CFR 153.203.

(b) If a discharge of used oil occurs during transportation and an official, from state or local government or a federal agency, acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters that do not have EPA identification numbers or current and valid New Hampshire hazardous waste transporter registrations.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.07 Used Oil Transfer Facilities

(a) A used oil transporter shall not operate a used oil transfer facility without an EPA identification number for the site.

(b) A used oil transporter shall notify the department that it wishes to operate a used oil transfer facility by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(c) Such notification shall serve as an application for an EPA identification number.

(d) If the used oil transporter has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil transporter in writing of each deficiency.

(e) If the used oil transporter does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil transporter shall submit a new notification prior to operating the used oil transfer facility.

(f) If the used oil transporter's request for an EPA identification number is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number for the site.

(g) A used oil transporter that owns or operates a used oil transfer facility shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store used oil with a secondary containment system that:

(1) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(2) Is capable of holding:

a. For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

b. For tank storage, 110% of the volume of the largest tank within the storage area; and

(3) Consists of:

a. A combination of dikes, berms, or retaining walls with a floor that covers the entire area within the dikes, berms, or retaining walls, except that the floor need not cover where an existing tank or portions thereof meet(s) the ground; or

b. An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

(h) Pursuant to Env-Hw 1401.02(k), a used oil transfer facility that stores used oil for more than 35 days shall be subject to regulation under Env-Hw 1408 for used oil processors and re-refiners.

(i) A used oil transporter shall notify the department within 30 days after ceasing used oil transfer facility operations at a particular site by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

(j) At closure of a used oil transfer facility, the used oil transporter shall:

(1) Remove all used oil and used oil residues from the site; and

(2) Remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.08 Recordkeeping and Reporting

(a) A used oil transporter shall comply with the recordkeeping requirements in Env-Hw 1405.02 and keep the following records for at least 3 years from the date of acceptance or delivery, as applicable:

(1) A record of acceptance, in the form of a bill of lading, manifest, or other shipping document, for each shipment of used oil accepted for transport, including:

a. The name, address, and EPA identification number, if applicable, of the used oil handler that provided the used oil for transport;

b. The quantity of used oil accepted;

c. The date of acceptance; and

d. The signature, dated upon receipt of the used oil, of a representative of the used oil handler that provided the used oil for transport, except that an intermediate rail transporter shall not be required to sign the record of acceptance;

(2) A record of delivery, in the form of a bill of lading, manifest, or other shipping document, for each shipment of used oil delivered to another used oil transporter, a used oil burner, or a used oil processor/re-refiner, including:

a. The name, address, and EPA identification number of the receiving facility or used oil transporter;

b. The quantity of used oil delivered;

c. The date of delivery; and

d. The signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter, except that an intermediate rail transporter shall not be required to sign the record of delivery; and

(3) A record of delivery, as specified in (a)(2)a. through (a)(2)c., above, for each shipment of used oil exported to a foreign country.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

(c) Pursuant to RSA 147-B:14, a transporter shall complete and submit Form HWM-11 “Annual Used Oil Transporter Report,” as amended August 2025, each year to report any used oil transported in the immediately preceding calendar year, as specified in (d) and (e), below.

(d) A company official shall certify, as specified in Env-Hw 207, the report.

(e) The report shall be submitted to the department by March 1 of the year immediately following the reporting year.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1407.09 Management of Residues

A used oil transporter that generates residues from the storage or transport of used oil shall manage the residues as specified in Env-Hw 1402.06.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1408 Additional Standards for Used Oil Processors and Re-Refiners

N.H. Code Admin. R. Ann. Env-Hw 1408.01 Applicability

(a) Except as provided in (b), below, this part shall apply to owners and operators of facilities that process used oil regulated under this chapter.

(b) This part shall not apply to:

(1) A used oil generator that performs the activities described in Env-Hw 1406.03;

(2) A used oil transporter that conducts the activities specified in Env-Hw 1407.03(c); or

(3) A used oil burner that conducts incidental processing operations during the normal course of used oil management prior to burning as provided in Env-Hw 1409.04.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.02 Requirements for Used Oil Processors and Re-refiners

(a) Used oil processors/re-refiners shall comply with the requirements of Env-Hw 1405, Env-Hw 1408.03 through Env-Hw 1408.11, and, as applicable:

(1) Env-Hw 1406 for generating used oil;

(2) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(3) Env-Hw 1409 for burning used oil for energy recovery, except as provided in (b), below; and

(4) Env-Hw 1410 for acting as a used oil fuel marketer.

(b) A used oil processor/re-refiner that burns used oil for energy recovery shall not be subject to Env-Hw 1409 if:

(1) The used oil is burned in an onsite space heater that meets the requirements of Env-Hw 1406.04; or

(2) The used oil is burned for purposes of processing used oil, which is considered burning incidental to used oil processing.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.03 Notification

(a) A used oil processor/re-refiner shall not process used oil without an EPA identification number.

(b) A used oil processor/re-refiner shall notify the department by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(c) Such notification shall serve as an application for an EPA identification number.

(d) If the used oil processor/re-refiner has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil processor/re-refiner in writing of each deficiency.

(e) If the used oil processor/re-refiner does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil processor/re-refiner shall submit a new notification prior to engaging in any used oil processing.

(f) If a used oil processor/re-refiner's notification is complete in that it includes all information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil processor/re-refiner shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.04 Emergency Preparedness and Prevention

(a) A used oil processing/re-refining facility shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water that could threaten human health or the environment.

(b) A used oil processing/re-refining facility shall be equipped with the following:

(1) An internal communications or alarm system capable of providing immediate emergency instruction via voice or signal to facility personnel;

(2) A device, such as a telephone that is immediately available at the scene of operations or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(3) Portable fire extinguishers, fire control equipment, including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment; and

(4) One or more of the following:

a. Water at adequate volume and pressure to supply water hose streams;

b. Foam producing equipment;

c. Automatic sprinklers;

d. Water spray systems; or

e. Other appropriate fire extinguishing systems.

(c) All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to assure its proper operation in time of emergency.

(d) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.

(e) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone that is immediately available at the scene of operation or a hand-held two-way radio, capable of summoning external emergency assistance.

(f) The owner or operator shall maintain aisle space as provided in Env-Hw 1405.03(f)(1) and shall allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.

(g) The owner or operator shall attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police department and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and

(4) Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(h) Where the arrangements specified in (g), above, are not made, the owner or operator shall document their attempts to make arrangements in the operating record, including any refusal by local authorities to enter into such arrangements.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.05 Contingency Plan

(a) The owner or operator of a used oil processing/re-refining facility shall have a contingency plan that is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water.

(b) The provisions of the contingency plan shall be carried out immediately whenever there is a fire, explosion, or release of used oil which could threaten human health or the environment.

(c) The contingency plan shall describe the actions facility personnel shall take to comply with this section and the emergency procedures in Env-Hw 1408.06 in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility.

(d) If the owner or operator has a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR 112, or another emergency or contingency plan, the owner or operator may amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this chapter instead of creating a separate plan.

(e) The contingency plan shall:

(1) Describe arrangements with local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to Env-Hw 1408.04(h);

(2) Provide an up-to-date list of the names and emergency telephone numbers of all persons qualified to act as emergency coordinator, as described in Env-Hw 1408.06. Where more than one person is listed, one shall be named as primary emergency coordinator and others listed in the order in which they will assume responsibility as alternates;

(3) Provide an up-to-date list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and alarm systems, and decontamination equipment, including the location and a physical description of each item, and a brief outline of its capabilities; and

(4) Include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by releases of used oil or fires.

(f) The owner or operator of a used oil processing/re-refining facility shall prepare a quick reference guide to the contingency plan that includes the following elements:

(1) The properties and hazards associated with used oil handled at the site;

(2) The estimated maximum amount of used oil that might be present at any one time;

(3) The identification of any used oil where exposure would require unique or special treatment by medical or hospital staff;

(4) A map of the facility showing where used oil is accumulated and treated, and routes for accessing the used oil;

(5) A street map of the facility in relation to surrounding businesses, schools, and residential areas to illustrate how to access the facility and also if necessary how to evacuate citizens and workers;

(6) The locations of water supply, such as a fire hydrant and its flow rate;

(7) The identification of on-site notification systems, such as a fire alarm that rings off site or smoke alarms; and

(8) The name of the emergency coordinator(s) and 24-hour emergency telephone number(s).

(g) A copy of the contingency plan, quick reference guide, and all revisions thereto shall be:

(1) Maintained at the facility; and

(2) Submitted to the department and to all local police departments, fire departments, hospitals, and state and local emergency response teams that might be called upon to provide emergency services.

(h) The contingency plan and quick reference guide shall be reviewed, and immediately amended, if necessary, when:

(1) Applicable regulations are revised;

(2) The plan fails in an emergency;

(3) There are changes to the facility, including in design, construction, operation, or maintenance, that materially increase the potential for fires, explosions, or releases of used oil, or that change the response necessary in an emergency;

(4) The list of emergency coordinators changes; or

(5) The list of emergency equipment changes.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.06 Emergency Procedures

(a) At all times, there shall be at least one employee, either on the facility premises or on call and available to respond to an emergency by reaching the facility within a short period of time, designated as the emergency coordinator with the responsibility for coordinating all emergency response measures.

(b) The emergency coordinator shall:

(1) Be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristic(s) of used oil handled, the location of all records within the facility, and facility layout;

(2) Have the authority to commit the resources needed to carry out the contingency plan; and

(3) Be responsible for carrying out the duties described in this section.

(c) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify local emergency officials and:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(d) Whenever there is a release, fire, or explosion, the emergency coordinator shall:

(1) Immediately identify the character, exact source, amount, and areal extent of any released materials, either by observation or review of facility records or manifests and, if necessary, by chemical analyses; and

(2) Assess possible hazards to human health or the environment that might result from the release, fire, or explosion.

(e) The assessment in (d)(2), above, shall consider both direct and indirect effects of the release, fire, or explosion, including, but not limited to, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

(f) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health, or the environment outside the facility, the emergency coordinator shall report the determination as follows:

(1) If evacuation of local areas might be advisable, the emergency coordinator shall immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated; and

(2) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area or the national response center by calling (800) 424–8802 and providing the following information:

a. Name and telephone number of reporter;

b. Name and address of facility;

c. Time and type of incident, such as release or fire;

d. Name and quantity of material(s) involved, to the extent known;

e. The extent of injuries, if any; and

f. The possible hazards to human health, or the environment, outside the facility.

(g) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

(h) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, as necessary.

(i) Immediately after an emergency, the emergency coordinator shall, in accordance with the hazardous waste rules, provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(j) The emergency coordinator shall ensure that, in the affected area(s) of the facility:

(1) No waste or used oil that is or might be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup of the released material is complete; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(k) The owner or operator shall notify the department and appropriate state and local authorities that the facility is in compliance with (j), above, before operations are resumed in the affected area(s) of the facility.

(l) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementation of the contingency plan.

(m) Within 15 days after the incident, the emergency coordinator shall submit to the department a written report on the incident, including:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident, such as fire or explosion;

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.07 Used Oil Management

A used oil processor/re-refiner shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store or process used oil with a secondary containment system that:

(a) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(b) Is capable of holding:

(1) For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

(2) For tank storage, 110% of the volume of the largest tank within the storage area; and

(c) Consists of:

(1) A combination of dikes, berms, or retaining walls with a floor that covers the entire area within the dikes, berms, or retaining walls, except that the floor need not cover where an existing tank or portions thereof meet(s) the ground; or

(2) An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.08 Analysis Plan

(a) An owner or operator of a used oil processing/re-refining facility shall develop, keep at the facility, and follow a written analysis plan describing the procedures that will be used to comply with the requirements of Env-Hw 1405.02 and, if applicable, Env-Hw 1410.04.

(b) The analysis plan required by this section shall specify, at a minimum:

(1) Whether sample analyses or knowledge of the materials and processes generating the used oil will be used to determine halogen content pursuant to Env-Hw 1405.02;

(2) If sample analyses are used to make the determination:

a. The sampling method used to obtain representative samples to be analyzed, which shall be:

1. One of the sampling methods in 40 CFR 261 Appendix I; or

2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;

b. The frequency of sampling to be performed;

c. Whether the analysis will be performed onsite or offsite; and

d. The methods used to analyze used oil to rebut the presumption of mixing with hazardous waste pursuant to Env-Hw 1402.02(c); and

(3) If sample analyses are not used to make the determination, the type of information that will be used to determine the halogen content of the used oil.

(c) If the used oil processing/re-refining facility will determine whether used oil meets the specifications of Env-Hw 1404.02, the analysis plan shall specify, at a minimum:

(1) Whether sample analyses or other information will be used to make this determination;

(2) If sample analyses are used to make this determination:

a. The sampling method used to obtain representative samples to be analyzed, which shall be:

1. One of the sampling methods in 40 CFR 261 Appendix I; or

2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;

b. Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;

c. The frequency of sampling to be performed;

d. Whether the analysis will be performed onsite or offsite; and

e. The methods used to analyze used oil for the parameters specified in Env-Hw 1404.02; and

(3) If sample analyses are not used to make the determination, the type of information that will be used to determine whether the used oil meets the specifications of Env-Hw 1404.02.

(d) If a determination is made pursuant to (b)(3) or (c)(3), above, the used oil processor/re-refiner shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.09 Recordkeeping and Reporting

(a) A used oil processor/re-refiner shall keep the following records for at least 3 years from the date of acceptance or shipment, as applicable:

(1) A record of acceptance for each used oil shipment accepted for processing/re-refining, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivered the used oil to the processor/re-refiner;

b. The name, address, and if applicable, EPA identification number of the generator or processor/re-refiner from which the used oil was sent;

c. The quantity of used oil accepted; and

d. The date of acceptance;

(2) A record of each shipment of used oil that is shipped to a used oil burner or processor/re-refiner, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that will deliver the used oil to the burner or processor/re-refiner;

b. The name, address, and EPA identification number of the burner or processor/re-refiner that will receive the used oil;

c. The quantity of used oil shipped; and

d. The date of shipment; and

(3) Pursuant to Env-Hw 512.01(a)(1), all manifest copies, including the original generator copy and the copy certified by the designated facility or the foreign receiving facility, for shipments of used oil to a disposal facility.

(b) The owner or operator shall record, as it becomes available, and maintain the following information in a written operating record until closure of the facility:

(1) Information gathered and records and results of used oil analyses performed as described in the analysis plan required under Env-Hw 1408.08; and

(2) Summary reports and details of all incidents that require implementation of the contingency plan as specified in Env-Hw 1408.05 and Env-Hw 1408.06.

(c) A used oil processor/re-refiner shall complete and submit, by March 1 of each year, Form HWM-12 “Annual Used Oil Processor/Re-refiner Report,” as amended August 2025, that includes information concerning used oil activities during the previous calendar year.

(d) The 3-year record retention period in (a), above, shall be extended automatically while any enforcement action is pending.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.10 Offsite Shipments of Used Oil

A used oil processor/re-refiner that initiates shipments of used oil offsite shall ensure that its used oil is transported only by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.11 Management of Residues

A used oil processor/re-refiner that generates residues from the storage, processing, or re-refining of used oil shall manage the residues as specified in Env-Hw 1402.06.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1408.12 Closure

(a) A used oil processor/re-refiner shall notify the department within 30 days after ceasing used oil processing at a particular site by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) Owners and operators that store or process used oil in aboveground tanks shall comply with the following requirements:

(1) At closure of a tank system, the owner or operator shall remove used oil and used oil residues from tanks and remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable; and

(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in (b)(1), above, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills in 40 CFR 265.310.

(c) Owners and operators that store used oil in containers shall comply with the following requirements:

(1) At closure, containers holding used oils or residues of used oil shall be removed from the site; and

(2) The owner or operator shall remove used oil residues and remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1409 Additional Standards for Burners of Used Oil

N.H. Code Admin. R. Ann. Env-Hw 1409.01 Applicability

(a) Except as provided in (b), below, this part shall apply to used oil burners.

(b) Facilities burning used oil for energy recovery under the following conditions shall not be subject to this part:

(1) The used oil is burned by the generator in an onsite space heater in accordance with the provisions of Env-Hw 1406.04, except that the generator shall notify the department in accordance with Env-Hw 1409.05; or

(2) The used oil is burned by a processor/re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.02 Requirements for Used Oil Burners

Used oil burners shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1409.03 through Env-Hw 1409.09;

(b) Env-A 1600 for fuel specifications and Env-A 2000 for fuel burning devices;

(c) Env-Hw 1406 for generating used oil;

(d) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(e) Env-Hw 1408 for processing or re-refining used oil, except as provided under Env-Hw 1409.04(b); and

(f) Env-Hw 1410 for acting as a used oil fuel marketer.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.03 Restrictions on Burning

(a) Off-specification used oil shall be burned only in the following devices:

(1) Industrial furnaces;

(2) Boilers, as defined in Env-Hw 103, that are:

a. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or

b. Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale;

(3) Used oil-fired space heaters under the provisions of Env-Hw 1406.04; or

(4) Hazardous waste incinerators subject to regulation under Env-Hw 300 and Env-Hw 700.

(b) Specification used oil shall be burned only in the following devices:

(1) Oil furnaces and boilers that are not located at private residences, hotels, motels, apartment buildings, and residential institutions including hospitals, residential treatment facilities, and nursing homes;

(2) Used oil-fired space heaters, provided the heater is designed to have a maximum capacity 0.5 million Btu per hour, and combustion gases from the heater are vented to the outside ambient air; or

(3) Any device specified in (a), above.

(c) Used oil containing greater than or equal to 2 ppm PCBs shall be burned in compliance with 40 CFR 761, pursuant to the Toxic Substances Control Act.

(d) Prior to burning used oil, the owner or operator of a device in (b)(1) or (b)(2), above, shall determine whether the used oil meets the specifications in Env-Hw 1404.02 by:

(1) Performing analyses of the used oil as specified in Env-Hw 1404.01;

(2) Applying knowledge that the used oil has not been mixed or contaminated with any other wastes, provided that the used oil is either:

a. Automotive used oil generated by the used oil burner; or

b. Household DIY used oil received directly from household DIY used oil generators; or

(3) If the used oil was received from a used oil processor/re-refiner or used oil fuel marketer subject to Env-Hw 1408 or Env-Hw 1410, respectively, using information provided for each shipment of used oil.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.04 Processing Activities

(a) Except as provided in (b), below, a used oil burner shall only process used oil if they also comply with the requirements of Env-Hw 1408.

(b) A used oil burner may only aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, and shall not aggregate such oils for purposes of producing on-specification used oil.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.05 Notification

(a) A used oil burner shall not burn used oil without an EPA identification number.

(b) A used oil burner shall notify the department by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(c) Such notification shall serve as an application for an EPA identification number.

(d) If the used oil burner has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil burner in writing of each deficiency.

(e) If the used oil burner does not respond to the department’s written notification of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil burner shall submit a new notification prior to burning any used oil.

(f) If a used oil burner’s notification is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil burner shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.06 Used Oil Management

A used oil burner shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store used oil with a secondary containment system that:

(a) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(b) Is capable of holding:

(1) For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

(2) For tank storage, 110% of the volume of the largest tank within the storage area; and

(c) Consists of:

(1) A combination of dikes, berms, or retaining walls with a floor that covers the entire area within the dikes, berms, or retaining walls, except that the floor need not cover where an existing tank or portions thereof meet(s) the ground; or

(2) An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.07 Certification Prior to Receipt of Off-Specification Used Oil

(a) Before a used oil burner accepts the first shipment of off-specification used oil from a used oil handler, the used oil burner shall provide to the used oil handler a one-time written and signed notice certifying that the used oil burner:

(1) Has submitted notification of the burner’s used oil management activities to the department, or if out of state, to the state or EPA region, as applicable, in which the burner is located; and

(2) Will burn the off-specification used oil only in an industrial furnace or boiler identified in Env-Hw 1409.03(a).

(b) Copies of the certifications required by this part shall be maintained by the used oil burner as specified in Env-Hw 1409.08(a)(3).

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.08 Recordkeeping

(a) A used oil burner shall keep the following records:

(1) For at least 3 years from the date of acceptance, a record of acceptance for each used oil shipment accepted for burning, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivered the used oil to the used oil burner;

b. The name, address, and if applicable, EPA identification number of the generator or processor/re-refiner from which the used oil was sent;

c. The quantity of used oil accepted; and

d. The date of acceptance;

(2) Information gathered and records and results of used oil analyses performed, as applicable, to demonstrate compliance with Env-Hw 1409.03(d), for at least 3 years from the date the used oil burner last receives a shipment of specification used oil from that used oil handler; and

(3) The certification required in Env-Hw 1409.07, for at least 3 years from the date the used oil burner last receives a shipment of off-specification used oil from that used oil handler.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.09 Management of Residues

A used oil burner that generates residues from the storage or burning of used oil shall manage the residues as specified in Env-Hw 1402.06.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1409.10 Closure

(a) A used oil burner shall notify the department within 30 days after ceasing used oil burning at a particular site by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) At closure of a used oil burner, the owner or operator shall:

(1) Remove all used oil and used oil residues from the site; and

(2) Remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

Part Env-Hw 1410 Additional Standards for Used Oil Fuel Marketers

N.H. Code Admin. R. Ann. Env-Hw 1410.01 Applicability

(a) Except as provided in (b), below, this part shall apply to used oil fuel marketers.

(b) The following persons shall not be considered used oil fuel marketers subject to this part:

(1) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, or a used oil transporter that transports used oil received only from such entities, that directs a shipment of used oil to a used oil processor/re-refiner that incidentally burns used oil as described in Env-Hw 1409.01(b)(2);

(2) A person who directs shipments of on-specification used oil and who is not the first person to claim the oil meets the used oil fuel specifications of Env-Hw 1404.02; and

(3) A used oil generator, or the owner or operator of a household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, that:

a. Tests and burns used oil onsite in compliance with Env-Hw 1406.04; or

b. Directs used oil to a used oil burner that has notified and operates as a used oil fuel marketer under this part.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.02 Requirements for Used Oil Fuel Marketers

A used oil fuel marketer shall comply with the requirements of Env-Hw 1405, Env-Hw 1410.03 through Env-Hw 1410.07, and, as applicable:

(a) Env-Hw 1406 for generating used oil;

(b) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(c) Env-Hw 1408 for processing or re-refining used oil; and

(d) Env-Hw 1409 for burning used oil for energy recovery.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.03 Restrictions on Delivery

A used oil fuel marketer shall initiate a shipment of used oil only to a used oil processor/re-refiner, used oil burner, or another used oil fuel marketer that has an EPA identification number.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.04 Specification Used Oil Fuel

(a) The determination that used oil that is to be burned for energy recovery meets the fuel specifications of Env-Hw 1404.02 shall be made by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

(b) Copies of analyses of the used oil or other information used to make the determination in (a), above, shall be kept as specified in Env-Hw 1410.07(a).

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.05 Notification

(a) A used oil fuel marketer shall not market used oil without an EPA identification number.

(b) A used oil fuel marketer shall notify the department by completing and submitting:

(1) Form HWM‑2 “RCRA C Site Identification Form” as amended August 2025; and

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(c) Such notification shall serve as an application for an EPA identification number.

(d) If the used oil fuel marketer has not provided all of the information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall notify the used oil fuel marketer in writing of each deficiency.

(e) If the used oil fuel marketer does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil fuel marketer shall submit a new notification prior to engaging in any used oil processing.

(f) If a used oil fuel marketer's notification is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil fuel marketer shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

(h) A used oil fuel marketer shall notify the department within 30 days after ceasing used oil fuel marketing at a particular site by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.06 Certification Prior to Shipment of Off-Specification Used Oil

(a) Before a used oil marketer directs the first shipment of off-specification used oil fuel to a used oil burner, they shall obtain a one-time written and signed notice from the used oil burner certifying that the used oil burner:

(1) Has submitted notification of the burner’s used oil management activities to the department, or if out of state, to the state or EPA region in which the burner is located; and

(2) Will burn the off-specification used oil only in an industrial furnace or boiler identified in Env-Hw 1409.03(a).

(b) Certifications described in (a), above, shall be kept as specified in Env-Hw 1410.07(a)(3).

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35

N.H. Code Admin. R. Ann. Env-Hw 1410.07 Recordkeeping Requirements

(a) A used oil fuel marketer shall keep the following records, as applicable:

(1) Copies of analyses of the used oil or other information used to demonstrate compliance with Env-Hw 1410.04, for at least 3 years from the date the used oil was last marketed;

(2) For at least 3 years from the date of shipment, a record of each shipment of used oil that is shipped to a used oil processor/re-refiner, used oil burner, or another used oil fuel marketer, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivers the used oil;

b. The name, address, and EPA identification number of the receiving entity;

c. The quantity of used oil shipped;

d. The date of shipment; and

e. If the used oil meets the specifications of Env-Hw 1404.02, a cross-reference to the record of used oil analysis or other information required in (a), above; and

(3) The certification required in Env-Hw 1410.06, for at least 3 years from the date the last shipment of off-specification used oil is shipped to the used oil burner.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 1401

RSA 147-A:3, I, IV, VI, VII, and IX; RSA 147-B:14

40 CFR 261; 40 CFR 279

Env-Hw 1402

RSA 147-A:3, I, IV, and VI

40 CFR 261; 40 CFR 279.10

Env-Hw 1403

RSA 147-A:3, I and IV

40 CFR 261; 40 CFR 279.12

Env-Hw 1404

RSA 147-A:3, I

40 CFR 261; 40 CFR 279.11

Env-Hw 1405

RSA 147-A:3, I, IV, VI, and VII

40 CFR 261; 40 CFR 279

Env-Hw 1406

RSA 147-A:3, I, IV, VI, and IX

40 CFR 261; 40 CFR 279 Subparts C & D

Env-Hw 1407

RSA 147-A:3, I, IV, VI, and VII; RSA 147-B:14

40 CFR 261; 40 CFR 279 Subpart E

Env-Hw 1408

RSA 147-A:3, I, IV, VI, and VII

40 CFR 261; 40 CFR 279 Subpart F

Env-Hw 1409

RSA 147-A:3, I, IV, and VI

40 CFR 261; 40 CFR 279 Subpart G

Env-Hw 1410

RSA 147-A:3, I, IV, and VI

40 CFR 261; 40 CFR 279 Subpart H

Appendix B: Incorporation By Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization

Telephone Number

Days/Hours

DES Emergency Response Team

(603) 271-3899

Monday through Friday; 8 a.m. to 4 p.m.

N.H. State Police Headquarters Communications Unit

(603) 223-4381

Every day; 24 hours per day

History

• #14282, eff 8-1-25, EXPIRES: 8-1-35