CHAPTER
Env-Hw 1100 REQUIREMENTS FOR UNIVERSAL
WASTE MANAGEMENT
Statutory
Authority: RSA 147-A:3
REVISION NOTE #1:
Document
#9367, effective 1-28-09, readopted with amendments and redesignated the former
Chapter Env-Wm 1100 as Env-Hw 1100. The redesignation
from subtitle Env-Wm to Env-Hw was done pursuant to a rules reorganization plan
for Department rules approved by the Director of the Office of Legislative
Services on 9-7-05. Document #9367
replaced all prior filings for hazardous waste rules formerly in Chapter Env-Wm
1100. The numerals of the rules remained
unchanged, and the source note information for the rules under Document #9367
refer to those same numbers under the subtitle Env-Wm.
REVISION NOTE #2:
Document #12922, effective 11-23-19,
readopted with amendments Env-Hw 1101.02, Env-Hw 1102.08, Env-Hw 1104.05,
Env-Hw 1104.06, Env-Hw 1106.07, Env-Hw 1107.03, Env-Hw 1110.04, and Env-Hw
1111.03. Document #12922 also changed
“Universal Waste” to simply “Waste” in the section headings for the following
rules but did not readopt the rules themselves:
Env-Hw 1109.02 Generation of Waste Batteries.
Env-Hw 1111.02 Generation of Waste Mercury-Containing
Devices.
Env-Hw 1112.02 Generation of Waste Lamps.
Env-Hw 1113.02 Generation of Waste Cathode Ray Tubes.
PART
Env-Hw 1101 PURPOSE, APPLICABILITY, AND
DEFINITIONS
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.
Source. #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
(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.
Source. #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)
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.
(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.
Source. #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
Env-Hw 1102.01 Applicability. This part shall apply to all universal waste
handlers.
Source. #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
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.
Source. #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
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.
Source. #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
Env-Hw 1102.04 Accumulation Time Limits.
(a)
If a universal waste handler accumulates universal waste, the 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 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 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.
Source. #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
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.
Source. #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
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 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 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.
Source. #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
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 handler self-transports universal waste off-site, the 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 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 handler who originated the shipment shall obtain
approval from the receiving handler or destination facility.
(e)
If a transporter is unable to deliver all or part of a universal waste
shipment or if a receiving handler or destination facility rejects all or part
of a universal waste shipment, the handler who 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 who rejects a shipment or a portion of a
shipment shall notify the handler who originated the shipment that the shipment
has been rejected, and either:
(1) Send the
shipment back to the handler who originated the shipment; or
(2) Send the
shipment to the destination facility designated by the handler who originated
the shipment.
(g)
If a universal waste handler receives a shipment containing hazardous
waste that is not a universal waste, the 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.
Source. #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
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).
Source. #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
Env-Hw 1103.01 Applicability. This part shall apply to all small quantity
handlers, as defined in Env-Hw 1101.03(c).
Source. #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
Env-Hw 1103.02 Notification. A small quantity handler shall not be
required to notify the department of universal waste handling activities.
Source. #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
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.
Source. #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
Env-Hw 1103.04 Tracking Universal Waste Shipments. A small quantity handler shall not be
required to keep records of shipments of universal waste.
Source. #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
Env-Hw 1104.01 Applicability. This part shall apply to all large quantity
handlers, as defined in Env-Hw 1101.03(b), and all very large quantity
handlers, as defined in Env-Hw 1101.03(d).
Source. #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
Env-Hw 1104.02 Exemptions. Env-Hw 1104.03 shall not apply to a large
quantity handler of universal waste batteries provided the handler is managing
universal waste batteries
only.
Source. #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
Env-Hw 1104.03 Notification.
(a)
A large quantity handler or a very large quantity handler shall submit
to the department a completed New Hampshire notification form 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) Notification shall include the
following:
(1) The information specified in Env-Hw
504.02(a), as applicable;
(2) Universal waste handler classification
indicating whether the handler is a large quantity handler or a very large
quantity handler; and
(3) A statement signed by the handler’s
authorized representative certifying, as specified in Env-Hw 207, the
information provided on the notification form.
(c)
A large quantity handler or very large quantity handler shall submit a
notification form in accordance with (a) and (b), above, for each on-site
location where universal waste is accumulated.
(d)
Upon receipt of a complete, signed notification, the department shall
issue an EPA identification number to the handler if the 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 handler notifies the
department in writing that universal waste is no longer being accumulated at
the site.
(f) Unless the 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.
(g)
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.
Source. #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
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.
Source. #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
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
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.
Source. #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)
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 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 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 handler's facility.
Source. #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 1105 ADDITIONAL REQUIREMENTS
APPLICABLE ONLY TO VERY LARGE QUANTITY HANDLERS OF UNIVERSAL WASTE
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.
Env-Hw
1105.01 Applicability. This part shall apply to very large quantity
handlers as defined in Env-Hw 1101.03(d).
Source. #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)
Env-Hw 1105.02 Exemptions. This part shall not apply to a very large
quantity handler that manages universal waste batteries only. Any such handler shall be regulated as a
large quantity handler under Env-Hw 1104, provided that the handler shall
identify itself as a very large quantity handler on the notification required
by Env-Hw 1104.03.
Source. #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)
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.
Source. #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)
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.
Source. #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)
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 265 Subpart D.
Source. #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)
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.
Source. #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)
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.
Source. #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)
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.
Source. #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)
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.
Source. #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
Env-Hw 1106.01 Applicability. This part shall apply to universal waste
transporters.
Source. #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
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.
Source. #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
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.
Source. #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
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.
Source. #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
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.
Source. #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
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.
Source. #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
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).
Source. #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
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.
Source. #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
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 who rejects a shipment or
a portion of a shipment shall notify the handler who originated the shipment
that the shipment has been rejected, and either:
(1) Send the shipment back to the handler who
originated the shipment; or
(2) Send the shipment to another destination
facility designated by the handler who 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.
Source. #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
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.
Source. #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)
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.
Source. #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
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.
Source. #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
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.
Source. #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
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.
Source. #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
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 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.
Source. #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
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 who 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 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.
Source. #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
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)."
Source. #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
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.
Source. #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
Env-Hw 1110.02 Exemptions. This part shall not apply to pesticides that
are managed by farmers in compliance with Env-Hw 501.02.
Source. #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
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.
Source. #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
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).
Source. #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)
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.
Source. #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
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.
Source. #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
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.
Source. #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
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.
Source. #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
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
265.16.
Source. #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
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."
Source. #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
Env-Hw 1111.01 Applicability. This part shall apply to all universal waste
handlers of mercury-containing devices.
Source. #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
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 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.
Source. #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
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 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 507; 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 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 who 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 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.
Source. #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
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)."
Source. #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
Env-Hw 1112.01 Applicability. This part shall apply to all universal waste
handlers of lamps.
Source. #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
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 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.
Source. #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
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.
Source. #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
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)."
Source. #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
Env-Hw 1113.01 Applicability. This part shall apply to all universal waste
handlers of cathode ray tubes.
Source. #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
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.
Source. #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
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 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);
(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 who 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 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.
Source. #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
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)."
Source. #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
Env-Hw
1114.01 Applicability. This part shall apply to all universal waste
handlers of antifreeze.
Source. #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
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 handler discards
it.
Source. #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
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).
Source. #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
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."
Source. #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
Env-Hw 1115.01 Applicability. This part shall apply to all universal waste
handlers of aerosol cans.
Source. #13406, eff 7-23-22
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.
Source. #13406, eff 7-23-22
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 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 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.
Source. #13406, eff 7-23-22
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).”
Source. #13406, eff 7-23-22
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, VII |
40 CFR 273 |
Env-Hw 1103 |
RSA 147-A:3, IV |
40 CFR 273 |
Env-Hw 1104 |
RSA 147-A:3, IV, VI |
40 CFR 273 |
Env-Hw 1105 |
RSA 147-A:3, IV, VI |
40 CFR 273 |
Env-Hw 1106 |
RSA 147-A:3, IV, VI, VII |
40 CFR 273 |
Env-Hw 1107 |
RSA 147-A:3, IV, VI, VII |
40 CFR 273 |
Env-Hw 1108 |
RSA 147-A:3, I, II |
40 CFR 273 |
Env-Hw 1109 |
RSA 147-A:3, IV |
40 CFR 273 |
Env-Hw 1110 |
RSA 147-A:3, IV, 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, 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.
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.
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.
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.
(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;
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 |