CHAPTER
Env-Hw 1200
LAND DISPOSAL RESTRICTIONS
Statutory
Authority: RSA 147-A:3
PART
Env-Hw 1201
PURPOSE, APPLICABILITY, AND EXEMPTIONS
Env-Hw
1201.01 Purpose. The purpose of this chapter is to establish requirements
for land disposal of hazardous wastes.
Source.
#12354, eff 8-14-17
Env-Hw
1201.02 Applicability. This chapter shall apply to any person who
generates or transports hazardous waste and to any owner or operator of
hazardous waste treatment, storage, and disposal facilities, except as provided
in Env-Hw 1201.03 or in 40 CFR Part 268, 7-1-16
edition, as incorporated by reference in Env-Hw
1202.01.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw
1201.03 Exemptions. This chapter shall not apply to:
(a)
NH-only wastes; or
(b)
Wastes generated by small quantity generators, as defined in Env-Hw 104.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19
PART
Env-Hw 1202
LAND DISPOSAL RESTRICTIONS
Env-Hw
1202.01 Federal Requirements
Incorporated. Except as specified in
Env-Hw 1202.02, the federal land disposal
requirements in 40 CFR Part 268, 7-1-16 edition, are incorporated by reference.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw
1202.02 Amendments, Exceptions, and
Modifications to Incorporated Federal Requirements. The following
amendments, exceptions, and modifications shall apply to the incorporated
requirements:
(a)
Delete the following provisions of 40 CFR 268, which are administered
and enforced by EPA, not by the department:
(1) 40 CFR 268.5, 268.6, 268.42(b) and 268.44(a)
through (g), relative to case by case extensions,
exemptions, alternative treatment methods and variances;
(2) “Effective dates” referenced within 40 CFR
268.20 through 40 CFR 268.50 that are earlier than the 2017 effective dates of
these state rules; and
(3) “Effective dates” listed within Appendices
VII and VIII that are earlier than the 2017 effective dates of these state
rules;
(b)
Delete the following provisions of 40 CFR 268, because Env-Hw 701.03(a) prohibits the use of underground injection
wells as a means of disposal of hazardous waste within the state:
(1) All of 40 CFR 268.1(c)(3);
(2) In 40 CFR 268.7(a)(7), the phrase “or are
managed in an underground injection well regulated by the SDWA”;
(3) In 40 CFR 268.37(a), the phrase “or that
inject in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA),”;
(4) All of 40 CFR 268.37(b);
(5) In 40 CFR 268.38(a), the phrase “or that are
injected in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA),”;
(6) In 40 CFR 268.38(b) and 40 CFR 268.39(b), the
phrase “or that inject in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA),”;
(7) In 40 CFR 268.40(e), the phrase “or that is
injected into a Class I nonhazardous deep injection well,”; and
(8) In 40 CFR 268.40/Table “Treatment Standards
for Hazardous Wastes”, footnote 9;
(c)
Amend 40 CFR 268.1(e)(1) by deleting the words “small quantity
generators of less than 100 kilograms of non-acute hazardous waste or less than
1 kilogram of acute hazardous waste per month, as defined in §261.5 of this
chapter” and replacing them with “small quantity generators, as defined in
Env-Hw 104, managing waste in compliance with Env-Hw 500”;
(d)
Amend 40 CFR 268.1(f) to read as follows: “Universal waste handlers and
universal waste transporters who manage universal waste in compliance with Env-Hw 1100 are exempt from the requirements of 40 CFR 268.7
and 268.50.”;
(e)
Amend 40 CFR 268.3(a) by adding the following: “Any deliberate mixing of one or more
prohibited hazardous wastes with debris that changes its treatment
classification from waste to hazardous debris or debris shall be prohibited.”;
(f)
Delete 40 CFR 268.3(b), regarding exceptions to the dilution
prohibition;
(g)
Amend 40 CFR 268.7(a)(8) by changing the last sentence to read as
follows: “The requirements of this
paragraph apply to wastes even when the hazardous characteristic is removed
prior to disposal or when the waste is exempt from regulation subsequent to the
point of generation.”;
(h)
Amend 40 CFR 268.7(a)(9)(iii) by deleting the words “D001-D043” and
replacing them with “D001-D008 and D010-D043”;
(i) Delete 40 CFR 268.7(a)(10), regarding the
exemption for tolling agreements; and
(j)
Delete 40 CFR 268.50(g), regarding hazardous remediation wastes stored
in a staging pile.
Source.
#12354, eff 8-14-17
Env-Hw
1202.03 Requirement to Obtain Permit. Treatment of hazardous waste to achieve
compliance with the land disposal restrictions of this chapter shall be subject
to the permitting requirements of Env-Hw 300 and Env-Hw 700.
Source.
#12354, eff 8-14-17
Env-Hw
1202.04 Management and Disposal of
Hazardous Debris and Contaminated Soil.
Hazardous debris or contaminated soil that has been treated to comply
with this chapter such that it is no longer regulated as hazardous waste shall
instead be managed and disposed of in accordance with Env-Or 611 and Env-Sw 903, as applicable.
Source.
#12354, eff 8-14-17
Appendix
A: State Statutes, Federal Regulations
Implemented
Rule Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 1200 |
RSA
147-A:3, IV & VI |
40
CFR 268 |
Appendix B: Incorporation by Reference Information
[none in this Chapter]
Appendix
C: State Statutory Definitions
RSA 147-A:2
III. “Disposal” means the discharge,
deposit, incineration, injection, dumping, spilling, leaking
or placing of any waste into or onto any land or water so that the waste or any
constituent of the waste may enter the environment, be emitted into the air, or
be discharged into any waters, including groundwaters.
IV. “Facility” means a location at
which hazardous waste is subjected to treatment, storage or disposal and may
include a facility where hazardous waste has been generated.
VI. “Generator” means any person who
owns or operates a facility where hazardous waste is generated.
VII. “Hazardous waste” means a solid,
semi-solid, liquid or contained gaseous waste, or any combination of these
wastes:
(a) Which, because of either quantity,
concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in
mortality or an increase in irreversible or incapacitating reversible illness;
or
(2) Pose a present or potential threat to human
health or the environment when improperly treated, stored, transported,
disposed of or otherwise mismanaged.
(b) Or which has been identified as a hazardous
waste by the department using the criteria established under RSA 147-A:3, I or
as listed under RSA 147-A:3, II. Such wastes include, but are not limited to,
those which are reactive, toxic, corrosive, ignitable, irritants, strong
sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive
substances that are regulated by the Atomic Energy Act of 1954, as amended, or household
pharmaceutical wastes collected pursuant to RSA 318-E.
VIII. “Hazardous waste management”
means the systematic control of the generation, collection, sorting, storage,
processing, treatment, recovery and disposal of
hazardous waste.
X. “Manifest” means the form used for
identifying the origin, quantity, composition, routing
and destination of hazardous waste.
XI. “Operator” means any person who,
either directly or indirectly, operates or otherwise controls or directs
activities at a facility.
XI-a. “Owner” means any person who,
either directly or indirectly owns a facility. The term “owner” does not
include a person who, without participation in the management or actual
operation of a facility, holds indicia of ownership primarily to protect a
mortgage on real property on which a facility is located or a security interest
in personal property located at the facility.
XII. “Person” means any individual,
trust, firm, joint stock company, corporation (including a government
corporation), partnership, association, state, municipality, commission, United
States government or any agency thereof, political subdivision of the state, or
any interstate body.
XII-a. “Spent material” means any
material that has been used and, as a result of
contamination, can no longer serve the purpose for which it was produced
without processing.
XIII. “Storage” means the containment of
hazardous wastes, either on a temporary basis or for a period of years, in such
a manner as not to constitute disposal of the hazardous wastes.
XIV. "Trade secret'' means any
confidential formula, pattern, device or compilation
of information which is used in the employer's business and which gives him an
opportunity to obtain an advantage over competitors who do not know or use it.
A trade secret is known to the employer and those employees to whom it is
necessary to confide it.
XV. “Transport” means the movement of
hazardous wastes from the point of generation to any intermediate points and,
finally, to the point of ultimate storage or disposal.
XVI. “Transporter” means any person
who transports hazardous waste.
XVII. “Treatment” means any process,
including neutralization, designed to change the physical, chemical
or biological character or composition of any hazardous waste so as to
neutralize the waste or to render the waste not hazardous, safer for transport,
amenable to recovery, amenable to storage or reduced in volume.
XVIII. “Waste” means any matter
consisting of: garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility and other spent,
discarded or abandoned material including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include
domestic sewage, irrigation return waters, wastewater discharges in compliance
with applicable state or federal permits, or source, special nuclear, or
by-product material as defined by the Atomic Energy Act of 1954, as amended.
RSA 147-B:2
III. “Facility” means any site, area
or location where hazardous waste or hazardous materials are or have been
treated, stored, generated, disposed of, or otherwise come to be located.
Appendix
D: Federal Definitions and Regulations
40 CFR 260.4
(a)
In any case in which the state in which waste is generated, or the state
in which waste will be transported to a designated facility, requires that the
waste be regulated as a hazardous waste or otherwise be tracked through a
hazardous waste manifest, the designated facility that receives the waste
shall, regardless of the state in which the facility is located:
(1) Complete the facility
portion of the applicable manifest;
(2) Sign and date the facility
certification;
(3) Submit to the e-Manifest system
a final copy of the manifest for data processing purposes; and
(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.
40 CFR 260.5
(a)
For purposes of this section, “state-only regulated waste” means:
(1) A non-RCRA waste that a
state regulates more broadly under its state regulatory program, or
(2) A RCRA hazardous waste that
is federally exempt from manifest requirements, but not exempt from manifest
requirements under state law.
(b)
In any case in which a state requires a RCRA manifest to be used under
state law to track the shipment and transportation of a state-only regulated
waste to a receiving facility, the facility receiving such a waste shipment for
management shall:
(1) Comply with the provisions
of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this
chapter; and
(2) Pay the appropriate per
manifest fee to EPA for each manifest submitted to the e-Manifest system,
subject to the fee determination methodology, payment methods, dispute
procedures, sanctions, and other fee requirements specified in subpart FF of
part 264 of this chapter.
40 CFR 260.10
Act
or RCRA means the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended, 42 U.S.C. section 6901 et seq.
Administrator
means the Administrator of the
Environmental Protection Agency, or his designee.
Aquifer
means a geologic formation, group
of formations, or part of a formation capable of yielding a significant amount
of ground water to wells or springs.
Authorized
representative means the person
responsible for the overall operation of a facility or an operational unit
(i.e., part of a facility), e.g., the plant manager, superintendent
or person of equivalent responsibility.
Battery
means a device consisting of one
or more electrically connected electrochemical cells which is designed to
receive, store, and deliver electric energy. An electrochemical cell is a
system consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or
receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
Boiler means an enclosed
device using controlled flame combustion and having the following
characteristics:
(1)(i)
The unit must have physical provisions for recovering and exporting thermal
energy in the form of steam, heated fluids, or heated gases; and
(ii) The unit’s
combustion chamber and primary energy recovery sections(s) must be of integral
design. To be of integral design, the combustion chamber
and the primary energy recovery section(s) (such as waterwalls and
superheaters) must be physically formed into one manufactured or assembled
unit. A unit in which the combustion chamber and the primary energy recovery
section(s) are joined only by ducts or connections carrying flue gas is not
integrally designed; however, secondary energy recovery equipment (such as
economizers or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they are
not of integral design: process heaters (units that transfer energy directly to
a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a
thermal energy recovery efficiency of at least 60 percent, calculated in terms
of the recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75
percent of the recovered energy, calculated on an annual basis. In this
calculation, no credit shall be given for recovered heat used internally in the
same unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater pumps); or
(2) The unit is one which the Regional
Administrator has determined, on a case-by-case basis, to be a boiler, after
considering the standards in § 260.32.
Certification
means a statement of professional
opinion based upon knowledge and belief.
Confined
aquifer means an aquifer bounded
above and below by impermeable beds or by beds of distinctly lower permeability
than that of the aquifer itself; an aquifer containing confined ground water.
Container
means any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
Containment
building means a hazardous waste management unit that is used to store or
treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of
this chapter.
Contingency
plan means a document setting out an organized, planned, and coordinated
course of action to be followed in case of a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
Dike
means an embankment or ridge of either natural or man-made materials used
to prevent the movement of liquids, sludges, solids, or other materials.
Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
Electronic manifest (or e-Manifest)
means the electronic format of the hazardous waste manifest that is obtained
from EPA’s national e-Manifest system and transmitted electronically to the
system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and
8700–22A (Continuation Sheet).
Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
Explosives
or munitions emergency means a situation involving the suspected or
detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other
potentially explosive material or device, or other potentially harmful military
chemical munitions or device, that creates an actual or potential imminent
threat to human health, including safety, or the environment, including
property, as determined by an explosives or munitions emergency response
specialist. Such situations may require immediate and expeditious action by an
explosives or munitions emergency response specialist to control, mitigate, or
eliminate the threat.
Explosives
or munitions emergency response means all immediate response activities by
an explosives and munitions emergency response specialist to control, mitigate,
or eliminate the actual or potential threat encountered during an explosives or
munitions emergency. An explosives or munitions emergency response may include
in place render-safe procedures, treatment or destruction of the explosives or
munitions and/or transporting those items to another location to be rendered
safe, treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA facilities.
Explosives
or munitions emergency response specialist means an individual trained in
chemical or conventional munitions or explosives handling, transportation,
render-safe procedures, or destruction techniques. Explosives or munitions
emergency response specialists include Department of Defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State, or
local government, or civilian personnel similarly trained in explosives or
munitions emergency responses.
Free
liquids means liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
Ground
water means water below the land surface in a zone of saturation.
Incompatible
waste means a hazardous waste which is unsuitable for:
(1)
Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners or
tank walls); or
(2) Commingling with another waste or material
under uncontrolled conditions because the commingling might produce heat or
pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or
gases, or flammable fumes or gases.
(See
appendix V of parts 264 and 265 of this chapter for examples.)
Injection
well means a well into which fluids are injected. (See also “underground
injection”.)
Inner
liner means a continuous layer of material placed inside a tank or
container which protects the construction materials of the tank or container
from the contained waste or reagents used to treat the waste.
International
shipment means the transportation of hazardous waste into or out of the
jurisdiction of the United States.
Lamp,
also referred to as “universal waste lamp”, is defined as the bulb or tube
portion of an electric lighting device. A lamp is specifically designed to
produce radiant energy, most often in the ultraviolet, visible, and infra-red
regions of the electromagnetic spectrum. Examples of common universal waste
electric lamps include, but are not limited to, fluorescent, high intensity
discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
Land
treatment facility means a facility or part of a facility at which
hazardous waste is applied onto or incorporated into the soil surface; such
facilities are disposal facilities if the waste will remain after closure.
Leachate
means any liquid, including any suspended components in the liquid, that
has percolated through or drained from hazardous waste.
Liner
means a continuous layer of natural or man-made materials, beneath or on
the sides of a surface impoundment, landfill, or landfill cell, which restricts
the downward or lateral escape of hazardous waste, hazardous waste
constituents, or leachate.
Military
munitions means all ammunition products and components produced or used by
or for the U.S. Department of Defense or the U.S. Armed Services for national
defense and security, including military munitions under the control of the
Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy
(DOE), and National Guard personnel. The term military munitions includes:
confined gaseous, liquid, and solid propellants, explosives, pyrotechnics,
chemical and riot control agents, smokes, and incendiaries used by DOD
components, including bulk explosives and chemical warfare agents, chemical
munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar
rounds, artillery ammunition, small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers, demolition charges,
and devices and components thereof. Military munitions do not include wholly
inert items, improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components thereof.
However, the term does include non-nuclear components of nuclear
devices, managed under DOE’s nuclear weapons program after all required
sanitization operations under the Atomic Energy Act of 1954, as amended, have
been completed.
Mining
overburden returned to the mine site means any material overlying an
economic mineral deposit which is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
On-site
means the same or geographically contiguous property which may be divided
by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and access is
by crossing as opposed to going along, the right-of-way. Non-contiguous
properties owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access, is also considered
on-site property.
Pesticide
means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, or intended for use as a plant
regulator, defoliant, or desiccant, other than any article that:
(1)
Is a new animal drug under FFDCA section 201(w), or
(2)
Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (1) or (2) of this definition.
Pile
means any non-containerized accumulation of solid, nonflowing hazardous
waste that is used for treatment or storage and that is not a containment
building.
Point
source means any discernible, confined, and discrete conveyance, including,
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
Representative
sample means a sample of a universe or whole (e.g., waste pile, lagoon,
ground water) which can be expected to exhibit the average properties of the
universe or whole.
Run-off
means any rainwater, leachate, or other liquid that drains over land from
any part of a facility.
Run-on
means any rainwater, leachate, or other liquid that drains over land onto
any part of a facility.
Sludge
means any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment
plant, or air pollution control facility exclusive of the treated effluent from
a wastewater treatment plant.
State
means any of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
Surface
impoundment or impoundment means a facility or part of a facility
which is a natural topographic depression, man-made excavation, or diked area
formed primarily of earthen materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
and lagoons.
Tank
means a stationary device, designed to contain an accumulation of hazardous
waste which is constructed primarily of non-earthen materials (e.g., wood,
concrete, steel, plastic) which provide structural support.
Tank
system means a hazardous waste storage or treatment tank and its associated
ancillary equipment and containment system.
Totally
enclosed treatment facility means a facility for the treatment of hazardous
waste which is directly connected to an industrial production process and which
is constructed and operated in a manner which prevents the release of any
hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transport
vehicle means a motor vehicle or rail car used for the transportation of
cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,
etc.) is a separate transport vehicle.
Transportation
means the movement of hazardous waste by air, rail, highway, or water.
Treatability
Study means a study in which a
hazardous waste is subjected to a treatment process to determine: (1) Whether
the waste is amenable to the treatment process, (2) what pretreatment (if any)
is required, (3) the optimal process conditions needed to achieve the desired
treatment, (4) the efficiency of a treatment process for a specific waste or
wastes, or (5) the characteristics and volumes of residuals from a particular
treatment process. Also included in this definition for the purpose of the § 261.4
(e) and (f) exemptions are liner compatibility, corrosion, and other material
compatibility studies and toxicological and health effects studies. A
‘‘treatability study’’ is not a means to commercially treat or dispose of
hazardous waste.
United
States means the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Universal
Waste Transporter means a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water.
Vessel
includes every description of watercraft, used or capable of being used as
a means of transportation on the water.
Wipe means a woven or non-woven shop
towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends,
or other material.
40 CFR 261.1(c)(3)
A
“by-product” is a material that is not one of the primary products of a
production process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column
bottoms. The term does not include a co-product that is produced for the
general public’s use and is ordinarily used in the form it is produced by the
process.
40 CFR 261.1(c)(6)
“Scrap
metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together
with bolts or soldering (e.g., radiators, scrap automobiles, railroad box
cars), which when worn or superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded
scrap metal” is processed scrap metal, unprocessed home scrap metal, and
unprocessed prompt scrap metal.
40 CFR 261.1(c)(10)
“Processed
scrap metal” is scrap metal which has been manually or physically altered to either
separate it into distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but
is not limited to scrap metal which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal type (i.e., sorted),
and, fines, drosses and related materials which have
been agglomerated. (Note: shredded circuit boards being sent for recycling are
not considered processed scrap metal. They are covered under the exclusion from
the definition of solid waste for shredded circuit boards being recycled (§
261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home
scrap metal” is scrap metal as generated by steel mills, foundries, and
refineries such as turnings, cuttings, punchings, and
borings.
40 CFR 261.1(c)(12)
“Prompt
scrap metal” is scrap metal as generated by the metal working/fabrication
industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as
industrial or new scrap metal.
40 CFR 261.4(a)(1)(ii)
“Domestic
Sewage” means untreated sanitary wastes that pass through a sewer system.
40
CFR 262.81
EPA Acknowledgment of Consent (AOC) means the
letter EPA sends to the exporter documenting the specific terms of the country
of import’s consent and the country(ies) of transit’s
consent(s). The AOC meets the definition of an export license in U.S. Census
Bureau regulations 15 CFR 30.1.
Exporter, also known as primary exporter
on the RCRA hazardous waste manifest, means the person domiciled in the United
States who is required to originate the movement document in accordance with §
262.83(d) or the manifest for a shipment of hazardous waste in accordance with
subpart B of this part, or equivalent State provision, which specifies a
foreign receiving facility as the facility to which the hazardous wastes will
be sent, or any recognized trader who proposes export of the hazardous wastes
for recovery or disposal operations in the country of import.
Importer means the person to whom possession or other form of legal
control of the hazardous waste is assigned at the time the imported hazardous
waste is received in the United States.
40 CFR 268.2(c), 7-1-16 edition
Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
40 CFR 270.2
Site
means the land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the
facility or activity.
40
CFR 273.2(c)(2)
An unused battery becomes a waste on the date
the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in paragraph
(a)(1) of this section becomes a waste on the first date on which both of the
following conditions apply:
(i) The generator of the recalled pesticide agrees to
participate in the recall; and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described in
paragraph (a)(2) of this section becomes a waste on the date the generator
decides to discard it.
40
CFR 273.4(c)(2)
Unused mercury-containing equipment becomes a
waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the date
the handler decides to discard it.
40
CFR 273.33(c)(2)
A large quantity handler of universal waste
may remove mercury-containing ampules from universal waste mercury-containing
equipment provided the handler:
(i) Removes and manages the ampules in a manner designed to
prevent breakage of the ampules;
(ii)
Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury
released from an ampule in case of breakage);
(iii)
Ensures that a mercury clean-up system is readily available to immediately
transfer any mercury resulting from spills or leaks of broken ampules from that
containment device to a container that meets the requirements of 40 CFR 262.34;
(iv)
Immediately transfers any mercury resulting from spills or leaks from broken
ampules from the containment device to a container that meets the requirements
of 40 CFR 262.34;
(v)
Ensures that the area in which ampules are removed is well ventilated and
monitored to ensure compliance with applicable OSHA exposure levels for
mercury;
(vi)
Ensures that employees removing ampules are thoroughly familiar with proper
waste mercury handling and emergency procedures, including transfer of mercury
from containment devices to appropriate containers;
(vii)
Stores removed ampules in closed, non-leaking containers that are in good
condition;
(viii)
Packs removed ampules in the container with packing materials adequate to
prevent breakage during storage, handling, and transportation;
Appendix E:
Emergency Telephone Numbers
Organization |
Telephone Number |
Days/Hours |
DES
Emergency Response Team |
(603)
271-3899 |
Monday
through Friday; 8 a.m. to 4 p.m. |
N.H.
State Police Headquarters Communications Unit |
(603)
223-4381 |
Every
day; 24 hours per day |