CHAPTER
Env-Hw 500 REQUIREMENTS FOR HAZARDOUS
WASTE GENERATORS
Statutory
Authority: RSA 147-A:3
REVISION NOTE:
Document
#9367, effective 1-28-09, readopted with amendments and redesignated the former
Chapter Env-Wm 500 as Env-Hw 500. 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
replaces all prior filings for hazardous waste rules formerly in Chapter Env-Wm
500. The numerals of the rules remained
unchanged, except that the former Env-Wm 506.01 was readopted with amendments
and renumbered as Env-Hw 506.01 through Env-Hw 506.03. Except for Env-Hw 506.02 and Env-Hw 506.03,
the source note information for the rules under Document #9367 refer to those
same numbers under the subtitle Env-Wm.
PART
Env-Hw 501 APPLICABILITY, EXEMPTIONS,
AND DEFINITIONS
Env-Hw 501.01 Applicability.
(a)
Unless specifically exempted under Env-Hw 501.02, this chapter shall
apply to any person who generates hazardous wastes, including:
(1) The owner or operator of any permitted
facility that initiates a shipment of hazardous waste or waste residues;
(2) Any person who imports hazardous waste into
the United States; and
(3) Any person who generates or accumulates any
residue or contaminated soil, water, or other debris resulting from the cleanup
of a spill, into or on any land or water, of any hazardous waste, as identified
in Env-Hw 404.
(b)
With respect to household hazardous waste collected or accumulated at a
household hazardous waste collection project, as specified in Env-Hw
401.03(b)(2), or by curbside collection, the owner, operator, or person so
designated in a contractual agreement shall be the generator. Unacceptable wastes shall either be returned
to the household that generated them or held by the operator until the
generating household can make alternative disposal arrangements.
(c)
Any person who exports or imports hazardous waste shall:
(1) Notify the department as
required in Env-Hw 504; and
(2) Comply with Env-Hw 510.06.
(d) A healthcare facility that is a full quantity
generator based on the total amount of hazardous waste it generates and
accumulates in a calendar month, including both its hazardous waste
pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous
waste, shall manage:
(1) Its hazardous waste
pharmaceuticals in accordance with Env-Hw 1300 in lieu of this chapter; and
(2) Its hazardous waste that is
not pharmaceutical hazardous waste, if any, in accordance with this
chapter.
(e) Except as provided in Env-Hw 501.02(j) and (k),
a healthcare facility that is a small quantity generator when counting all of
the hazardous waste it generates and accumulates in a calendar month, including
both its hazardous waste pharmaceuticals and its hazardous waste that is not
pharmaceutical hazardous waste, may comply with the optional provisions of 40
CFR 266.504, as amended by Env-Hw 1302.02(e), and shall be subject to:
(1) This chapter;
(2) The sewer prohibition of 40
CFR 266.505, as amended by Env-Hw 1302.02(f); and
(3) The empty container
provisions of 40 CFR 266.507, as amended by Env-Hw 1302.02(h).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922,
eff 11-23-19; ss by #13406, eff 7-23-22
Env-Hw
501.02 Exemptions.
(a) Farmers who dispose of hazardous waste
pesticide residues from their own use shall be exempt from this chapter
provided they triple rinse each emptied pesticide container in accordance with
Env-Hw 401.03(d)(3) and dispose of the pesticide residues on their own farm in
a manner consistent with the disposal instructions on the pesticide label.
(b)
The packaging, manifest, and delivery requirements of Env-Hw 507.04(a), Env-Hw 510, and
Env-Hw 511, respectively, shall not apply to
government entities transporting household hazardous wastes to a household
hazardous waste collection project, a permitted transfer facility, or a
permitted treatment, storage or disposal facility, provided:
(1) The government entity has obtained prior
approval from the household hazardous waste collection project, transfer facility, or treatment,
storage or disposal facility receiving the wastes;
(2) The household hazardous wastes being managed
have been separated by US DOT hazard class, as specified in 49 CFR 177.848 (b),
(c), (d), and (e), prior to transport;
(3) The household hazardous wastes being managed
have been:
a.
Loose-packed or over-packed in containers
meeting US DOT specifications for hazardous materials, as defined in 49 CFR
178; or
b.
Packaged in strong outside containers, as defined in 49 CFR 171.8, if
the waste is in its original container and less than 8 gallons;
(4) The containers or strong outside containers
required by (3), above, have been labeled with the following information:
a.
US DOT hazard classes as specified in 49 CFR 173.2;
b.
Date the waste was collected; and
c.
Name of the original government entity that collected the waste;
(5) Each container has been sealed and secured
for transport in a manner that prevents leakage, spillage, and releases to the
environment;
(6) The wastes are transported only in a vehicle
that is:
a.
Owned and registered by a government entity; and
b.
Operated by a government entity employee;
(7) During transport, the government employee
transporting the wastes retains a bill of lading describing the contents of the
vehicle;
(8) Each individual who transports 55 gallons or
more of household hazardous wastes has had a minimum of 24 hours of initial
training in function-specific hazardous waste handling, safety, hazard
communication, and emergency procedures and 8 hours of annual refresher
training; and
(9) The receiving facility counts the waste
toward its generator status in accordance with Env-Hw
503.
(c) Env-Hw 510 shall not apply to:
(1) Small quantity generators transporting
their own hazardous waste in accordance with Env-Hw 601.02(b)(1) and (b)(3) to
another facility in New Hampshire, provided that:
a. The receiving facility:
1. Is under the control of the same person as
the small quantity generator site;
2. Has notified the department of this activity
in accordance with Env-Hw 504;
3. Counts the waste received towards its generator
status in accordance with Env-Hw 503;
4. Is a full quantity generator; and
5. Complies
with the biennial reporting requirements of Env-Hw 512.04; and
b.
In addition to the container labeling requirements of Env-Hw 508.02 and
Env-Hw 508.03, as applicable, the small quantity generator labels or marks the
containers with an indication of the hazards of the contents, including but not
limited to:
1. The following word(s) as applicable to the
hazardous waste characteristic(s) of the waste:
(i)
“Ignitable”;
(ii) “Corrosive”;
(iii) “Reactive”; and
(iv) “Toxic”;
2. Hazard communication consistent with US DOT
requirements for labeling or placarding at 49 CFR 172 Subpart E or F,
respectively;
3. A hazard statement or pictogram consistent
with the United States Occupational Safety and Health Administration hazard
communication standard at 29 CFR 1910.1200; or
4.
A chemical hazard label consistent with the National Fire Protection
Association Code 704; and
(2) A healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar
month, including both its hazardous waste pharmaceuticals and its hazardous waste that is
not pharmaceutical hazardous waste, and that transports
hazardous waste pharmaceuticals in accordance with Env-Hw 511.01(g).
(d) Env-Hw 507, Env-Hw 508, Env-Hw 509, Env-Hw
511, and Env-Hw 513 shall not apply to transporters while they are collecting
only curbside household hazardous wastes.
(e)
This chapter, except for Env-Hw 502.01, shall not apply to universal waste
handlers and universal waste transporters handling universal waste, provided
that the waste is managed in accordance with Env-Hw 1100.
(f)
Env-Hw 515 shall not apply to a generator operating under a temporary
EPA identification number pursuant to Env-Hw 504.04.
(g)
This chapter shall not apply to any person responding to an explosives
or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D)
or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as
applicable.
(h) A generator who manages all hazardous waste
in accordance with Env-Hw 503.03, and as a result generates no waste that
counts toward generator classification, shall not be subject to the
requirements in Env-Hw 500 except those specified in Env-Hw 501, Env-Hw 502,
and Env-Hw 503.03.
(i) Except as otherwise specified in Env-Hw 1300,
this chapter shall not apply to a reverse distributor who complies with Env-Hw
1300 for the management of hazardous waste pharmaceuticals.
(j) A healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a
calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is
not pharmaceutical hazardous waste, shall manage its hazardous waste
pharmaceuticals in compliance with either:
(1) The provisions of 40 CFR
266.501(d), as amended by Env-Hw 1302.02(b)(2); or
(2) The provisions of Env-Hw
500, as applicable.
(k) A healthcare facility that is a small quantity generator and chooses to comply
with (j)(1), above, shall not be eligible for the optional provisions of 40 CFR
266.504, as amended by Env-Hw 1302.02(e).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, eff 2-26-00;
ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; amd by #10205,
eff 10-19-12; amd by #10494, eff 1-1-14; ss by
#12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss
by #13406, eff 7-23-22
Env-Hw 501.03 Definitions. For purposes of this chapter, the following
definitions shall apply:
(a)
“Central accumulation area” means any on-site hazardous waste
accumulation area with hazardous waste accumulating in units subject to the
requirements of Env-Hw 507, Env-Hw 508.02, Env-Hw 508.03 or Env-Hw 509.02, or
any combination thereof;
(b)
“Control” for purposes of SQG self-transport requirements, means the
power to direct the policies of the generator, whether by the ownership of
stock, voting rights, or otherwise, except that contractors who operate
generator facilities on behalf of a different person shall not be deemed to
control such generators;
(c)
“Recognized trader” means “recognized trader” as defined in 40 CFR
260.10, as reprinted in Appendix D; and
(d)
“Satellite accumulation area” means any on-site hazardous waste
accumulation area with hazardous waste accumulating in containers subject to
the requirements of Env-Hw 507 and Env-Hw 509.03.
Source.
#12347, eff 8-14-17; ss by #12922, eff 11-23-19
PART
Env-Hw 502 HAZARDOUS WASTE DETERMINATION
Env-Hw 502.01 Hazardous Waste Determination.
(a)
All generators of waste shall determine if that waste is a hazardous
waste as set forth in Env-Hw 401.01 using the following steps:
(1) The generator shall determine whether the
waste is exempt from regulation under Env-Hw 401.03;
(2) The generator shall determine if the waste is
listed as a hazardous waste in Env-Hw 402; and
(3) To comply with Env-Hw 1200, or if the waste
is not listed in Env-Hw 402, the generator shall determine whether the waste is
a characteristic hazardous waste identified in Env-Hw 403 or is a hazardous
waste mixture or other material regulated under Env-Hw 401.01 or Env-Hw 404, by
either:
a. Testing the waste according to the hazardous
waste determination methods set forth in Env-Hw 401.04 and Env-Hw 403; or
b. Applying knowledge of the hazardous nature or
characteristics of the waste based on the materials or processes used to
generate the waste.
(b)
If a determination is made in accordance with (a)(3)b., above, the
generator shall compile a written record of the basis for the determination
that includes all information used to make the determination, such as a
description of the process generating the waste, safety data sheets, and other
information material to the determination.
(c)
The generator shall maintain documentation of waste determinations as
specified in Env-Hw 512.01.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09;
ss by #12347, eff 8-14-17
PART
Env-Hw 503 GENERATOR CLASSIFICATIONS
Env-Hw 503.01 Small Quantity Generators. A small quantity generator shall be a
generator who, in each and every calendar month,
generates less than:
(a)
One hundred kilograms or 220 pounds of hazardous waste;
(b)
One kilogram or 2.2 pounds of an acutely hazardous waste; and
(c)
One hundred kilograms or 220 pounds of any residue or contaminated soil,
waste, or other debris resulting from the cleanup of a spill of any acutely
hazardous waste.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 503.02 Full Quantity Generators. A full quantity generator shall be a
generator who:
(a)
Generates equal to or greater than a total of 100 kilograms or 220 pounds
of hazardous waste in any single month;
(b)
Accumulates greater than 1,000 kilograms or 2,200 pounds of hazardous
waste at any time;
(c)
Generates equal to or greater than one kilogram or 2.2 pounds of an
acutely hazardous waste in any single month;
(d)
Accumulates equal to or greater than one kilogram or 2.2 pounds of an
acutely hazardous waste at any time;
(e)
Generates equal to or greater than 100 kilograms or 220 pounds of spill
cleanup material contaminated with acutely hazardous waste in any single month;
(f)
Accumulates equal to or greater than 100 kilograms or 220 pounds of
spill cleanup material contaminated with acutely hazardous waste at any time;
(g)
Uses a drip pad, as defined in Env-Hw 103, to convey wood preserving
waste to an associated collection system; or
(h)
Accumulates hazardous waste in a containment building, as defined in
Env-Hw 103.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 503.03 Classification Calculation.
(a) In determining the quantity of hazardous
waste generated, a generator may exclude:
(1)
Hazardous waste that is exempt from the hazardous waste rules pursuant
to Env-Hw 401.03;
(2)
Subject to (b), below, hazardous waste that is managed immediately upon
generation only in on-site elementary neutralization units, wastewater
treatment units, or totally enclosed treatment facilities as defined in Env-Hw
103 or Env-Hw 104, as applicable;
(3)
Subject to (c), below, hazardous waste that is recycled on-site by a
process regulated under Env-Hw 804.01(b)(4), without prior storage or
accumulation;
(4)
Used oil, as defined in Env-Hw 104, that is recycled in accordance with
Env-Hw 807;
(5)
Spent lead acid batteries managed in accordance with Env-Hw 809;
(6)
Hazardous waste when it is removed from on-site accumulation, so long as
the hazardous waste was counted once;
(7)
Hazardous waste produced by on-site treatment, including reclamation, of
a hazardous waste, so long as the hazardous waste that is treated was counted
once;
(8)
Spent materials that are generated, reclaimed, and subsequently reused
on-site, so long as such spent materials have been counted once;
(9)
Universal waste managed in accordance with Env-Hw 1100;
(10)
The weight of a container or inner liner from a container of hazardous
waste, including a container or inner liner that is not deemed empty as
specified in Env-Hw 401.03(d), provided that:
a. The weight of the hazardous waste, including
any residue remaining in a non-empty container or inner liner, is counted; and
b. The non-empty container and inner liner are
managed as hazardous waste; and
(11) A hazardous waste pharmaceutical that is:
a. Subject to or managed in accordance with
Env-Hw 1300; or
b. Regulated as a United States drug enforcement
administration controlled substance and is
conditionally exempt pursuant to 40 CFR 266.506, as amended by Env-Hw
1302.02(g).
(b)
For purposes of (a)(2), above, “managed immediately upon generation”
means that treatment begins within 24 hours after the hazardous waste is
generated and:
(1) Treatment is conducted in the tank, tank
system, or container in which the hazardous waste was generated;
(2) The hazardous waste is conveyed via permanent
piping directly from the tank in which it was generated to the treatment unit
without intermediate accumulation of the hazardous waste; or
(3) The hazardous waste is transferred directly
from the container in which it was generated into the treatment unit without
intermediate accumulation of the hazardous waste.
(c)
For purposes of (a)(3), above, “without prior storage or accumulation”
means that the recycling process begins within 24 hours after the hazardous
waste is generated and:
(1) The recycling process is conducted in the
tank, tank system, or container in which the hazardous waste was generated;
(2) The hazardous waste is conveyed via permanent
piping directly from the tank in which it was generated to the recycling unit without
intermediate accumulation of the hazardous waste; or
(3) The hazardous waste is transferred directly
from the container in which it was generated into the recycling unit without
intermediate accumulation of the hazardous waste.
(d) Wastes with EPA hazardous waste numbers F020,
F021, F022, F023, F026, and F027, listed in Env-Hw 402.06, shall be counted as
acutely hazardous wastes when calculating generator classification.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22
PART
Env-Hw 504 NOTIFICATION; EPA
IDENTIFICATION NUMBER
Env-Hw 504.01 EPA Identification Number Required.
(a) A generator shall notify the department in
accordance with Env-Hw 504.02 prior to conducting any activities regulated by
the hazardous waste rules.
(b) Subject to (c), below, a generator shall
notify the department in accordance with Env-Hw 504.02 within 30 days of the
effective date of any statutory or regulatory amendment requiring a new or
updated notification.
(c) If a statute sets a different deadline for
notification, the statutory deadline shall control.
(d) A generator shall not generate, treat, store,
dispose, transport, or offer a hazardous waste for transportation without
having received an EPA identification number from the department.
(e) Subject to Env-Hw 504.02(c), an EPA
identification number issued to a generator shall be valid for activities
regulated by the hazardous waste rules only at the specific site for which the
number was issued.
(f) In the case of a full quantity generator who
intends to receive small quantity generator waste pursuant to Env-Hw
501.02(c)(1), the notification required by (a), above, shall be provided to the
department at least 30 days prior to receiving the first shipment.
(g) A recognized trader shall not arrange for
import or export of hazardous waste without having received an EPA
identification number from the department.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406,
eff 7-23-22
Env-Hw
504.02 Notification Requirements for
an EPA Identification Number.
(a) Except as otherwise provided in Env-Hw
504.04, Env-Hw 505.01(a), Env-Hw 505.02, Env-Hw 505.04, or (c), below, a
generator shall provide the notification required by Env-Hw 504.01 by
submitting the following, as applicable, to the department on a notification
form obtained from the department:
(1)
Site name;
(2)
Site mailing address;
(3)
Street address of the site and site land type;
(4)
EPA identification number;
(5)
The effective date of the commencement or change in hazardous waste
activity;
(6)
Whether the notification is an initial notification required by this
part or subsequent notification required by Env-Hw 505;
(7)
Name, title, telephone number, and, if available, email address of a
contact person;
(8)
The name, address, and telephone number of the legal owner of the site
property and the date on which that person or entity became the owner;
(9)
The name, address, and telephone number of the operator of the site and
the date on which that person or entity became the operator;
(10)
Whether the property owner and, if different from the property owner,
the operator, is a(n);
a. Private person or entity;
b. Federal or state agency;
c. State political subdivision; or
d. Other category of property owner;
(11)
Generator classification, as determined in accordance with Env-Hw 503;
(12)
Type and description of regulated activity, including the applicable
North American Industry Classification System (NAICS) codes;
(13) For each waste stream, a narrative description,
estimated quantity of hazardous waste generated per month, and all applicable
EPA and NH hazardous waste numbers;
(14)
For full quantity generators, the name and certificate number of the
certified hazardous waste coordinator, as defined in Env-Hw 515.03(b), who is
the primary contact for the facility;
(15)
For full quantity generators who intend to receive small quantity
generator waste pursuant to Env-Hw 501.02(c)(1), the following information for each
small quantity generator:
a. Site name;
b. Street address;
c. EPA identification number; and
d. Name, telephone number, and, if available,
email address of a contact person;
(16) Activities for the management of hazardous
waste pharmaceuticals under Env-Hw 1300; and
(17)
A statement signed by the generator’s authorized representative,
certifying, as specified in Env-Hw 207, the information provided on the
notification form and that all attachments were prepared under the direction or
supervision of the generator’s authorized representative in accordance with a
system designed to assure that qualified personnel properly gather and evaluate
the information submitted.
(b) A generator shall submit a separate
notification for each site where activities regulated by the hazardous waste
rules are conducted.
(c) transporter
who becomes a generator as specified in Env-Hw 501.01(b), by collecting
curbside household hazardous waste, shall obtain an EPA identification number
that is non-site specific by submitting to the department at least 30 days
prior to the collection, the following information:
(1)
Generator name;
(2)
Generator mailing address;
(3)
The
name, title, telephone number, and, if available, email address of a contact
person;
(4)
A description of the regulated activity;
(5)
A description of the area(s) to be serviced;
(6)
The start date and expected completion date of the collection; and
(7)
The waste handling instructions provided by the generator to the
household specifying how the household should handle its waste prior to
acceptance by the generator.
(d) The following shall constitute a change in
ownership of the generator and so requires the generator to file a new initial
notification:
(1)
For a partnership, a change in 50% or more of general partners;
(2)
For a corporation, a transfer of all corporate assets or of a majority
of voting shares to a new individual or entity;
(3)
For other organizations, a transfer of the control of the organization
to a new individual or entity; and
(4)
For an individual, transfer of control to another individual or entity.
(e) Each initial notification of hazardous waste
activity filed by a new generator shall be accompanied by the
non-refundable fee established by RSA 147-A:6-a, I, currently $150.
(f) Pursuant to RSA 147-A:6-a, II, political
subdivisions of the state shall be exempt from paying the fee in (e), above.
(g)
A recognized trader shall provide the notification required by Env-Hw
504.01(g) by submitting to the department, on a notification form obtained from
the department, the applicable information listed in (a), above, and an
indication of the recognized trader’s intent to be an importer, an exporter, or
both.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09;
amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17;
amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22
Env-Hw 504.03 Notification Determination for an EPA
Identification Number.
(a)
If the department, upon examination of a notification, determines that
the generator has not provided all of the information
required by Env-Hw 504.02(a) or (c), as applicable, and the fee required by
Env-Hw 504.02(e), the department shall notify the generator of each deficiency.
(b)
The owner or operator shall, no later than 30 days from receipt of the
notice of deficiency, explain or correct the deficiency.
(c)
If the generator does not respond within 30 days, the generator shall
submit a new notification prior to engaging in any activities regulated by the
hazardous waste rules.
(d)
If a notification is deemed complete, the department shall issue an EPA
identification number.
(e)
An EPA identification number shall remain valid until the department
receives a request from the generator to:
(1) Inactivate the number, as specified in Env-Hw
505.02; or
(2) Declassify the number, as specified in Env-Hw
505.04.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 504.04 Notification Requirements for a Temporary
EPA Identification Number.
(a)
A non-recurrent generator of hazardous waste that is required to
manifest hazardous waste due to a one-time cleanup shall obtain a temporary EPA
identification number.
(b)
A one-time cleanup shall include, but not be limited to, removal of:
(1) Off-specification materials;
(2) Underground storage tanks; and
(3) Contaminated soil due to a spill.
(c)
A generator shall request a temporary EPA identification number by
providing to the department, orally or in writing, the following information:
(1) Generator name and mailing address;
(2) Street address where the waste is being
generated;
(3) Contact person, title, telephone number, and
if available, email address; and
(4) Waste description, all applicable EPA and NH
hazardous waste numbers, and estimated amount to be transported.
(d)
The department shall issue a temporary EPA identification number if the
generator provides all of the information specified in
(c), above.
(e)
A temporary EPA identification number shall be valid for no longer than
30 days. If the waste cannot be removed
within 30 days due to temporary, unforeseen, or uncontrollable circumstances,
an extension shall be granted by the department upon request of the generator.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 505.03); ss by #12922, eff 11-23-19
PART
Env-Hw 505 SUBSEQUENT NOTIFICATION; INACTIVATION; REACTIVATION;
DECLASSIFICATION
REVISION NOTE:
Document
#12347, effective 8-14-17, adopted, readopted, or readopted with amendments all of the rules in Chapter Env-Hw 500. Document #12347 replaced all prior filings
for hazardous waste rules formerly in Chapter Env-Hw 500.
Document
#12347 made extensive changes to the existing rules in the former Part Env-Hw
505, including the readoption with amendments and renumbering of the former
Env-Hw 505.03 titled “Emergency and Temporary Identification Numbers” as Env-Hw
504.04 titled “Notification Requirements for a Temporary EPA Identification
Number.”
The
filings for the former rules in Env-Hw 505 prior to Document #12347 include the
following documents:
#5053,
eff 1-24-91
#5886,
eff 8-26-94
#7333,
eff 8-1-00
#7578,
eff 10-13-01
#9215, INTERIM, eff 8-1-08
#9367, eff 1-28-09
See
the Revision Note at the chapter heading for Env-Hw 500 explaining the history
of the former rules under the subtitle Env-Wm prior to Document #9367,
effective 1-28-09. The existing rules in
Env-Hw 500 that were last affected by Document #9367 did not expire on 1-28-17
but were extended pursuant to
RSA 541-A:14-a until replaced by the rules in Document #12347, effective
8-14-17.
Env-Hw
505.01 Subsequent Notification.
(a) A generator shall notify the department
orally or in writing of any changes to the information provided pursuant to
Env-Hw 504.02(a)(1), (2), (7), (11), (12), (13), (14), or any combination
thereof, within 30 days of the effective date of any change.
(b) A generator shall notify the department, on a
notification form obtained from the department, of any changes to the
information required in Env-Hw 504.02(a)(3), (8), (9), (10), (15), (16),
Env-Hw 504.02(g), or any combination thereof, within 30 days of the effective
date of any change.
Source.
(See Revision Note at chapter heading for Env-Hw 500 and Revision Note
at part heading for Env-Hw 505) #12347, eff 8-14-17; ss by #12922, eff 11-23-19;
ss by #13406, eff 7-23-22
Env-Hw 505.02 Inactivation of EPA Identification Numbers.
(a)
A generator who ceases activities regulated by the hazardous waste rules
but continues business operations at a particular site may inactivate the
site's EPA identification number if:
(1) All hazardous waste has been removed from the
site; and
(2) The generator has met the requirements of
Env-Hw 506.
(b)
To inactivate an EPA identification number, a generator shall request
inactivation by submitting to the department the following information on an
“Inactivation/Declassification Form” obtained from the department:
(1) EPA identification number;
(2) Effective date of inactivation;
(3) Generator name;
(4) Generator mailing address;
(5) Street address of the site;
(6) Contact person, title, telephone number, and
if available, email address; and
(7) A statement signed by the generator’s
authorized representative certifying, as specified in Env-Hw 207, that:
a. All hazardous waste has been removed from the
site; and
b. The generator has met the requirements of
Env-Hw 506.
(c)
The department shall inactivate an EPA identification number upon
receipt of the information in (b), above.
(d)
A generator shall not generate, treat, store, dispose, transport, or
offer a hazardous waste for transportation while the generator's EPA
identification number is inactive.
(e)
An EPA identification number shall remain inactive until the department
receives a request from the generator to:
(1) Reactivate the number, as specified in Env-Hw
505.03; or
(2) Declassify the number, as specified in Env-Hw
505.04.
Source.
(See Revision Note at chapter heading for Env-Hw 500 and Revision Note
at part heading for Env-Hw 505) #12347, eff 8-14-17
Env-Hw
505.03 Reactivation of EPA
Identification Numbers.
(a) If a generator with an inactive EPA
identification number intends to resume activities regulated by the hazardous
waste rules, the generator shall reactivate the number prior to engaging in any
regulated activities by completing and submitting a notification form in
accordance with Env-Hw 504.02.
(b) Reactivation of an EPA identification number
shall be subject to the non-refundable fee of $150 required in Env-Hw 504.02(e)
only if ownership of the generator changed during the period of inactivation.
(c) For purposes of (b), above, the events
described in Env-Hw 504.02(d) shall constitute a change in ownership.
(d) Upon receipt of a notification form to
reactivate an inactive EPA identification number, the department shall process
the notification in accordance with Env-Hw 504.03.
Source.
(See Revision Note at chapter heading for Env-Hw 500 and Revision Note
at part heading for Env-Hw 505) #12347, eff 8-14-17
Env-Hw
505.04 Declassification.
(a)
A generator shall notify the department within 7 days after ceasing
business operations, including activities regulated by the hazardous waste
rules, at a particular site.
(b)
A generator who ceases activities regulated by the hazardous waste rules
but continues business operations at a particular site may declassify the
site’s EPA identification number if:
(1) All hazardous waste has been removed from the
site; and
(2) The generator has met the requirements of
Env-Hw 506.
(c)
To declassify an EPA identification number, a generator shall request
declassification by submitting to the department the following information on
an “Inactivation/Declassification Form” obtained from the department:
(1) All of the information required by Env-Hw
505.02(b);
(2) Mailing address for future correspondence;
(3) Whether the property has been sold or leased
to another company that will generate hazardous waste, if known;
(4) Reason for declassification;
(5) If the generator is relocating:
a. New street address;
b. Whether hazardous waste will be generated;
and
c.
Whether the generator has notified the
department of activities regulated by the hazardous waste rules at the new
location; and
(6) A statement signed by the generator’s
authorized representative certifying, as specified in Env-Hw 207, that:
a. All hazardous waste has been removed from the
site; and
b. The generator has met the requirements of
Env-Hw 506.
(d)
The department shall declassify an EPA identification number if the requirements
in (a) through (c), above, are met.
(e)
If a generator with a declassified EPA identification number intends to
resume activities regulated by the hazardous waste rules, the generator shall
notify the department prior to engaging in any regulated activities by
completing and submitting a notification form in accordance with Env-Hw 504.02,
including the non-refundable fee of $150 required in Env-Hw 504.02(e).
Source.
(See Revision Note at chapter heading for Env-Hw 500 and Revision Note
at part heading for Env-Hw 505) #12347, eff 8-14-17
PART
Env-Hw 506 ENVIRONMENTAL AND HEALTH
REQUIREMENTS
Env-Hw 506.01 Hazard Minimization.
(a)
While accumulating hazardous wastes, a generator shall not use storage
practices that pose a hazard to human health or the environment.
(b)
A generator shall:
(1) Comply with all surface water standards as
specified in the Federal Clean Water Act and the Federal Safe Drinking Water
Act;
(2) Comply with all air emission limits specified
in the Federal Clean Air Act and New Hampshire implementation plans;
(3) Prevent exposure of workers to chemicals in
violation of Occupational Safety and Health Administration standards or New
Hampshire RSA 277-A; and
(4) Prevent exposure of humans or the environment
to harmful quantities of hazardous waste or its constituents.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17
Env-Hw 506.02 Soil or Groundwater Contamination;
Disposal of Hazardous Waste and Contaminated Materials Due to Closure or
Cessation of Operations.
(a)
If soil or groundwater contamination is detected at a generator’s site,
the generator shall comply with Env-Hw 702.13.
(b)
When disposing of hazardous waste or disposing of or decontaminating
equipment, structures, soils, or any combination thereof, due to the closure or
cessation of operation of its generating facility, a generator shall be exempt
from all requirements in Subparts G and H of 40 CFR Part 265 except for:
(1) The closure performance standard set forth in
40 CFR 265.111; and
(2) The requirements of 40 CFR 265.114.
Source.
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17
Env-Hw 506.03 Management of Wastes Upon Cessation of
Operations. A generator who ceases
operation of its generating facility shall continue to manage its hazardous
wastes in accordance with all applicable generator standards. Failure to continue such management shall be
deemed disposal of hazardous waste subject to Env-Hw 300 and Env-Hw 700.
Source.
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17
PART
Env-Hw 507 ACCUMULATION REQUIREMENTS
Env-Hw 507.01 Accumulation Requirements.
(a) Except as provided in (b) and (c), below, all
hazardous waste shall be accumulated in containers or tanks, in accordance with
Env-Hw 507.02 through Env-Hw 507.04.
(b) Full quantity generators using drip pads as
specified in Env-Hw 503.02(g) shall comply with Env-Hw 507.03 and Env-Hw
509.02(a)(8) and
(e).
(c) Full quantity generators using containment
buildings as specified in Env-Hw 503.02(h) shall comply with Env-Hw 507.03 and
Env-Hw 509.02(a)(9) and (f).
Source. #12347, eff 8-14-17; ss by #13406, eff 7-23-22
Env-Hw 507.02 Requirements for Containers and Tanks.
(a)
Containers and tanks used to accumulate hazardous waste shall be:
(1) In good condition;
(2) Chemically compatible with the waste stored
therein such that no leakage or deterioration of the container or tank occurs;
and
(3) Closed at all times except to add or remove
waste.
(b)
While accumulating hazardous waste in a container, a generator shall:
(1) Provide a minimum of 2 feet of aisle space to
allow for inspection of at least one side of each container; and
(2) Position each container so that its hazardous
waste label or marking is not hidden by walls or other containers and can be
easily read without having to move any containers.
(c)
Hazardous waste containers shall be stored on impervious surfaces. Impervious surfaces shall include concrete
and asphalt unless cracks or holes are present, and shall not include earthen,
wooden, or gravel surfaces.
(d)
Except as provided in (e), below, hazardous waste containers shall not
be stored in an area with functional floor drains or manholes, or in or near a
sink with a functional drain present, unless secondary containment is provided
around all hazardous waste containers in the area capable of containing the
volume of the largest capacity hazardous waste container present.
(e)
The containment system required by (d), above, or by (f)(3), below,
shall not be required for areas that store containers holding only wastes that
do not contain free liquids provided that:
(1) The area is sloped or is otherwise designed
to drain and remove liquid resulting from precipitation; or
(2) The containers are elevated or otherwise
protected from contact with accumulated liquid.
(f)
Hazardous waste containers stored outside shall:
(1) Be covered to prevent precipitation from
coming in contact with the tops of the containers except when being moved to
another location;
(2) Be kept closed at all times except when the
generator is actively adding wastes to or removing wastes from a container;
(3) Except as provided in (e), above, have
secondary containment that:
a. Is adequate to hold any spills or leaks at
110% of the volume of the largest container in the area or 10% of the total
volume of containers, whichever is greater; and
b. Is covered to keep the secondary containment
structure free of rain, snow, and ice; and
(4) Not be stored within any of the following set-backs, subject to (g), below:
a. For surface waters, 50 feet;
b. For private wells, 75 feet;
c. The protective radius of any public water
supply well; or
d. For storm drains, 50 feet.
(g)
If a more protective set-back is required by any other state statute or
rule, the more protective set-back shall apply.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss
by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw
500) ss by #9367, eff 1-28-09; amd by #10205, eff
10-19-12; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.01)
Env-Hw 507.03 Accumulation
Time.
(a) Except as provided in Env-Hw 508.02, Env-Hw
508.03, Env-Hw 509.03, and (c), below, a generator shall not be required to
obtain a storage permit to accumulate hazardous waste that is generated on-site
so long as the waste is shipped off-site within 90 days of the date on which
accumulation of the waste begins.
(b) Except as provided in Env-Hw 508.02, Env-Hw
508.03, Env-Hw 509.03, and (c), below, a generator who accumulates hazardous
waste for greater than 90 days shall be deemed an operator of a storage
facility and so subject to all facility requirements in Env-Hw 300 and Env-Hw
700 unless the generator has requested and the
department has granted:
(1)
A waiver of the 90-day period as provided in Env-Hw 202; or
(2)
An extension of the 90-day period, as provided in (e) through (g),
below.
(c) A generator of wastewater treatment sludges
from electroplating operations that meet the EPA hazardous waste number F006
pursuant to Env-Hw 402.06(a) may accumulate F006 waste for more than 90 days, but
not more than 180 days, provided the criteria of 40 CFR 262.34(g), 7-1-16
edition, are met.
(d) A generator who accumulates F006 waste
on-site for greater than 180 days or who accumulates more than 20,000 kilograms
of F006 waste on-site shall be deemed an operator of a storage facility and be
subject to all facility requirements in Env-Hw 300 and Env-Hw 700 unless the
generator has requested and the department has
granted:
(1)
A waiver, as provided in Env-Hw 202, of the 20,000 kilograms limit if
the limit will be exceeded due to unforeseen, temporary, and uncontrollable
circumstances; or
(2)
An extension of the 180-day period, as provided in (e) through (g),
below.
(e) A generator who wishes to obtain an extension
pursuant to (b)(2) or (d)(2), above, shall submit a written request for an extension
that explains the circumstances warranting such an extension.
(f) The department shall grant the requested
extension if hazardous wastes will remain on-site due to unforeseen, temporary,
and uncontrollable circumstances.
(g) An extension granted by the department
pursuant to (b)(2) or (d)(2), above, shall be limited to 30 days.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw
500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.02); amd by #12922, eff
11-23-19; ss by #13406, eff 7-23-22
Env-Hw 507.04 Packaging/Labeling/Pre-transport.
(a)
Before transporting or offering hazardous waste for transportation
off-site, a generator shall:
(1) Package the waste in US DOT containers as
specified in 49 CFR 173, 178, and 179;
(2) Mark and label each container in accordance
with the applicable US DOT hazardous materials regulations in 49 CFR Part 172;
and
(3) Mark each container of 119 gallons or less in
accordance with 49 CFR 172.304, including the following:
a. The generator’s name and physical address;
b. The generator’s EPA identification number;
c. The manifest tracking number; and
d. The following statement: "HAZARDOUS WASTE - Federal Law Prohibits
Improper Disposal. If found, contact the
nearest police or public safety authority or the U.S. Environmental Protection
Agency".
(b)
Before transporting or offering hazardous waste for transportation
off-site, a generator shall determine that:
(1) The transporter possesses a current and valid
New Hampshire hazardous waste transporter registration and an EPA
identification number; and
(2) The transport vehicle is placarded in
accordance with US DOT regulations for hazardous materials under 49 CFR 172,
subpart F and rules adopted by the New Hampshire department of safety.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd
by #7578, eff 10-13-01; amd by #8714, INTERIM, eff
9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss
by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw
500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw
507.03)
PART
Env-Hw 508 SMALL QUANTITY GENERATORS
Env-Hw 508.01 Small Quantity Generators. In addition to the requirements of Env-Hw 501
through Env-Hw 507 and Env-Hw 510 through Env-Hw 514, small quantity generators
shall comply with the specific quantity and accumulation requirements of Env-Hw
508.02 or Env-Hw 508.03, as applicable.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 508.02 Small Quantity Generator Accumulation
Requirements. A small quantity
generator may accumulate on site less than 100 kilograms or 220 pounds of
hazardous waste, or less than one kilogram or 2.2 pounds of an acutely
hazardous waste in containers or tanks for greater than 90 days without a
permit, provided that:
(a)
The quantity of hazardous waste accumulated on-site never reaches or
exceeds 100 kilograms or 220 pounds of hazardous waste or one kilogram or 2.2
pounds of an acutely hazardous waste;
(b)
The generator maintains the following equipment not more than 100 feet
from the hazardous waste and accessible along a path unobstructed by any
obstacles other than doors, which shall be unlocked at all
times:
(1) Spill control equipment, such as speedi-dry or absorbent rags; and
(2) Fire control equipment, such as fire
extinguishers;
(c)
The generator posts a “No Smoking” sign near ignitable or reactive
wastes;
(d)
The generator clearly labels or marks each container and tank used for
the accumulation of hazardous wastes with the following information at the time
the container or tank is first used to accumulate wastes:
(1) The words “hazardous waste”; and
(2) Words that identify the contents; and
(e)
The hazardous wastes are transported off-site in accordance with Env-Hw
510 and Env-Hw 511.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17
Env-Hw 508.03 Small Quantity Generator Extended Quantity
and Accumulation. A small quantity
generator may accumulate 100 kilograms or more, equivalent to 220 pounds or
more, of non-acutely hazardous waste on site in containers or tanks for greater
than 90 days without a permit provided that:
(a)
The quantity of hazardous waste accumulated on-site does not exceed
1,000 kilograms, equivalent to 2,200 pounds, of
hazardous waste or one kilogram, equivalent to 2.2 pounds, of acutely hazardous
waste;
(b)
The generator meets the requirements of Env-Hw 508.02(b) through (e);
(c)
Hazardous waste containers are inspected weekly and managed in
accordance with 40 CFR Part 265 Subpart I – Use and Management of
Containers, but not including 40 CFR 265.178;
(d)
Hazardous waste tanks are inspected and managed in accordance with 40
CFR Part 265 Subpart J – Tanks, but not including 40 CFR 265.197(c), 40 CFR
265.200, and 40 CFR 265.202;
(e)
For any inspection required by (c) or (d), above, the generator remedies
any leaks or deterioration discovered during an inspection on a schedule that ensures
the problem does not lead to an environmental or human health hazard;
(f)
The hazardous waste is under the control of a designated hazardous waste
manager or emergency coordinator or designee;
(g)
At all times there is at least one employee designated as the emergency
coordinator who is either on the premises or on call, with the responsibility
for coordinating all emergency response measures;
(h)
The generator posts the following information next to the telephone
nearest each central accumulation area:
(1) The name and emergency telephone number(s) of
the emergency coordinator and, if applicable, the emergency coordinator’s
designee;
(2) The telephone numbers of the fire department,
police department, hospital, and state of New Hampshire and local emergency
response teams that may be called upon to provide emergency services; and
(3) The location of fire extinguishers and spill
control material, and, if present, fire alarm;
(i) The generator ensures that all employees are thoroughly
familiar with proper waste handling and emergency procedures relevant to their
responsibilities during normal facility operations and emergencies;
(j)
The generator maintains the following equipment, not more than 100 feet
from each central accumulation area, and accessible along a path unobstructed
by any obstacles other than doors that are unlocked at all
times:
(1) An internal communication or alarm system, as
described in 40 CFR 265.32(a); and
(2) An external communication system, as described
in 40 CFR 265.32(b);
(k)
The generator makes good faith efforts to make arrangements with local
fire officials to familiarize them with the layout of the facility, properties
of hazardous waste handled at the facility and associated hazards, places where
facility personnel would normally be working, entrances to roads inside the
facility, and possible evacuation routes;
(l) Within 90 days of reaching the on-site
accumulation limit of 1,000 kilograms or 2,200 pounds of non-acutely hazardous
waste, the generator ships all hazardous wastes off-site in accordance with
Env-Hw 510 and Env-Hw 511, to a facility authorized under the destination
state’s rules to handle the waste; and
(m)
The generator clearly labels or marks containers and tanks used for the
accumulation of hazardous waste with the date the on-site accumulation limit of
1,000 kilograms or 2,200 pounds of non-acutely hazardous waste is reached.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; amd by #7208, eff 2-26-00;
ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; amd by #10739,
eff 12-2-14; ss by #12347, eff 8-14-17; amd by
#12922, eff 11-23-19
PART
Env-Hw 509 FULL QUANTITY GENERATORS
Env-Hw 509.01 Full Quantity Generator Requirements. Full quantity generators shall comply with:
(a)
Env-Hw 501 through Env-Hw 507;
(b)
Env-Hw 510 through Env-Hw 513;
(c)
The accumulation requirements in Env-Hw 509.02 and Env-Hw 509.03;
(d)
The certified hazardous waste coordinator requirements in Env-Hw 509.04;
and
(e)
The land disposal restrictions requirements in Env-Hw 509.05.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #10494, eff 1-1-14; ss by #12347,
eff 8-14-17
Env-Hw 509.02 Full Quantity Generator Accumulation
Requirements.
(a)
Full quantity generators shall comply with the following standards:
(1) 40 CFR 265.15, general inspection
requirements;
(2) Subject to (g) through (i),
below, 40 CFR 265.16, personnel training;
(3) 40 CFR 265.17, general requirements for
ignitable, reactive, or incompatible wastes;
(4) Subject to (j) and (k), below, 40 CFR 265,
Subpart C, preparedness and prevention;
(5) 40 CFR 265, Subpart D, contingency plan and
emergency procedures;
(6) 40 CFR 265, Subpart I, use and management of
containers;
(7) 40 CFR 265, Subpart J, tanks, except 40 CFR
265.197(c) and 40 CFR 265.200;
(8) 40 CFR 265, Subpart W, drip pads; and
(9) 40 CFR 265, Subpart DD, containment
buildings.
(b)
A full quantity generator shall post a list of the steps to take if an emergency
occurs and the following information at the nearest telephone to each central
accumulation area:
(1) The names and emergency telephone numbers of
the emergency coordinators;
(2) The telephone numbers of the:
a. Fire
department;
b. Police
department;
c.
Hospital(s);
d.
State emergency response team at the telephone numbers listed in
Appendix E;
e. The
generator’s emergency response contractor(s), if applicable; and
f. The
generator’s in-house emergency response team, if applicable; and
(3) The location of fire extinguishers and spill
control material, and, if present, fire and internal emergency alarms.
(c)
A full quantity generator shall provide the following security measures
at all outdoor central accumulation areas:
(1) An artificial or natural barrier, such as a
fence in good repair, that completely surrounds the central accumulation area
to prevent the unauthorized or unknowing entry of individuals or livestock;
(2) A means to control entry, at
all times, through gates or other entrances to the central accumulation
area such as an attendant, television monitor, locked entrance, or controlled
roadway access to the area; and
(3) A sign stating “Danger - Unauthorized
Personnel Keep Out” at each entrance to the central accumulation area. Existing signs with other than the aforementioned words may be used if the sign clearly
indicates that only authorized personnel are allowed to enter the area and that
entry can be dangerous.
(d)
A full quantity generator shall clearly label
or mark containers and tanks used for the accumulation of hazardous wastes with
the following information at the time they are first used to accumulate wastes:
(1) The beginning accumulation date;
(2) The words “hazardous waste”;
(3) Words that identify the contents; and
(4) All applicable EPA and NH hazardous waste
numbers.
(e)
A full quantity generator shall not be required to obtain a storage
permit to use a drip pad to accumulate and convey hazardous wood preserving
wastes that are generated on site provided that:
(1) The wastes are shipped off site within 90
days of the date when accumulation of the waste first began, unless the
generator requests and the department grants an
extension of the 90-day period as provided in Env-Hw 507.03(e) through (g); and
(2) The generator maintains the following records
at the facility:
a. A written description of procedures the
generator will follow to ensure that all wastes are removed from the drip pad
and associated collection system at least once every 90 days; and
b. Documentation of each waste removal,
including the quantity of waste removed from the drip pad and the sump or
collection system and the date and time of removal.
(f)
A full quantity generator shall not be required to obtain a storage
permit to accumulate, in a containment building, hazardous waste that is
generated on site provided that:
(1) Prior to operation of the containment
building, the generator obtains a professional certification from a licensed NH
professional engineer that the building is constructed in accordance with the
design standards specified in 40 CFR 265.1101 and is fit to operate as
intended;
(2) The generator maintains the professional
engineer certification described in (f)(1), above, in the generator's operating
record;
(3) The waste is shipped off site within 90 days
of the date the accumulation begins, unless the generator requests and the
department grants an extension of the 90-day period as
provided in Env-Hw 507.03(e) through (g); and
(4) The generator maintains the following records
at the facility:
a. All of the
following:
1. A written description
of procedures the generator will follow to ensure that each waste volume
remains in the unit for no more than 90 days;
2. A written description
of the facility’s waste generation and management practices showing that they
are consistent with meeting the 90-day accumulation limit; and
3. Documentation
that the procedures are complied with; or
b. Documentation that the containment building
is emptied at least once every 90 days.
(g)
As incorporated by reference in (a)(2), above, and used in 40 CFR
265.16(a)(2), “a person trained in hazardous waste management procedures”
means:
(1) An outside hazardous waste management
trainer;
(2) An in-house employee who has completed a
hazardous waste management course or who provides documentation to demonstrate
his or her own capabilities as in-house trainer; or
(3) A trainer who teaches a basic course or
module offered by the department pursuant to Env-Hw 515.
(h)
As incorporated by reference in (a)(2), above, and used in 40 CFR
265.16(c), “an annual review of the initial training” means review training
that is received each year no more than 90 days prior to and no more than 90
days after the anniversary date of the initial training, such that training is
received every 12 months on average, subject to (i),
below.
(i) Provided that an annual review of initial
training meets the requirements of 40 CFR 265.16(c), if such review training is
received more than 90 days prior to the anniversary date of the initial
training, the anniversary date for purposes of future compliance with paragraph
(h), above, shall be the date on which such review training is received.
(j)
As incorporated by reference in (a)(4), above, and used in 40 CFR Part
265.35, “required aisle space” means not less than 2 feet to allow for
inspection of at least one side of each container.
(k)
As incorporated by reference in (a)(4), above, and used in 40 CFR Part
265.32, “required equipment” means the equipment required at each central
accumulation area, not more than 100 feet from each area and accessible along a
path unobstructed by any obstacles other than doors, which shall be unlocked at all times.
(l)
A full quantity
generator who receives hazardous waste from a small quantity generator pursuant
to Env-Hw 501.02(c)(1) shall:
(1)
Maintain the following records for each shipment received:
a. The name, site address, and contact
information for the small quantity generator;
b. A description of the waste received,
including the quantity; and
c. The date of receipt;
(2)
Manage the hazardous waste in accordance with the requirements of Env-Hw
509.01; and
(3)
Label or mark containers and tanks storing wastes received from small
quantity generators:
a. With an indication of the hazards of the
contents, as specified in Env-Hw 501.02(c)(1)b.;
b. For purposes of Env-Hw 509.02(d)(1), with:
1. The date the hazardous waste was received
from the small quantity generator; or
2. The earliest date any hazardous waste in the
container was accumulated on site, if the full quantity generator is consolidating
incoming hazardous waste from a small quantity generator either with its own
hazardous waste or with hazardous waste from other small quantity generators;
and
c. In accordance with Env-Hw 509.02(d)(2)
through (d)(4).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; amd by #10494, eff 1-1-14; amd by #10739, eff 12-2-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7‑23-22
Env-Hw 509.03 Full Quantity Generator Satellite
Accumulation Provision. A full
quantity generator may accumulate for greater than 90 days as much as 55
gallons of hazardous waste or one quart of acutely hazardous waste in
containers at or near any point of generation where the wastes initially
accumulate without having to obtain a standard permit or interim status and
without having to comply with the container labeling and marking requirements
of Env-Hw 509.02(d), the preparedness and prevention requirements of Env-Hw
509.02(a)(4), and the emergency posting requirements of Env-Hw 509.02(b),
provided that:
(a)
The hazardous waste containers are under the control of the operator of
the process generating the waste;
(b)
The operator of the process generating the hazardous waste has been
trained as specified in Env-Hw 509.02(a)(2), except
that, in lieu of the annual training requirements specified in 40 CFR 265.16,
the training interval shall be 3 years;
(c)
The generator meets the environmental and health requirements of Env-Hw
506;
(d)
The generator meets the accumulation requirements of Env-Hw 507;
(e)
The generator manages incompatible wastes pursuant to 40 CFR 265.177;
(f)
At the time the containers are first used to accumulate wastes, the
generator clearly labels or marks hazardous waste containers with:
(1) The words “hazardous waste”; and
(2) Words that identify the contents of the
containers;
(g)
For satellite accumulation areas that have accumulated greater than 10
gallons of hazardous waste, in lieu of the weekly inspections required by Env-Hw
509.02(a)(6), the generator inspects the containers at least monthly for leaks
and for deterioration caused by corrosion and other factors;
(h)
When the amount of hazardous waste in a satellite accumulation area
reaches the accumulation limit specified in this section, the generator:
(1) Immediately labels or marks the hazardous
waste containers with the following:
a. The date the accumulation limit was reached;
and
b. All applicable EPA and NH hazardous waste
numbers;
(2) Moves the hazardous waste to a designated
central accumulation area within 3 days of reaching the accumulation limit; and
(3) Ships the hazardous waste off-site within 90
days of the date the accumulation limit was reached; and
(i) For the inspections required in (g), above,
the generator remedies any leaks or deterioration discovered during an
inspection on a schedule that prevents an environmental or human health hazard.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw
500) ss by #9367, eff 1-28-09; amd by #10205, eff
10-19-12; ss by #12347, eff 8-14-17; amd by #12922,
eff 11-23-19
Env-Hw 509.04 Certified Hazardous Waste Coordinator
Requirements.
(a)
Unless exempt pursuant to Env-Hw 501.02(f), a full quantity generator
shall, subject to (b), below, have at least one hazardous waste coordinator
certified by the department pursuant to Env-Hw 515 on staff and physically at
the facility where the hazardous waste is generated for an average, calculated
on an annual basis, of no less than 30 hours per week or 75% of the generator’s
standard work week if the generator’s standard work week is less than 40 hours.
(b)
A full quantity generator shall not be without a hazardous waste
coordinator physically at the facility where the hazardous waste is generated,
due to illness, vacation, or any other reason, for more than 30 consecutive
working days or more than 45 total working days during any calendar year,
exclusive of Saturdays, Sundays, or state and federal holidays.
(c)
A full quantity generator shall make available to the department upon
request documentation to demonstrate that it is in compliance
with (a) and (b), above.
(d)
For the purposes of (a) and (b), above, the certified hazardous waste
coordinator may be an employee of the generator or a third
party contractor hired by the generator.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 509.05 Land Disposal Restrictions. A full quantity generator shall comply with
Env-Hw 1200.
Source.
#12347, eff 8-14-17
PART
Env-Hw 510 MANIFEST REQUIREMENTS
Env-Hw 510.01 General Requirements.
(a)
Except as provided in (b), below, when shipping a hazardous waste
off-site, a generator shall prepare a manifest in accordance with 40 CFR
262.20(a) through (c), 40 CFR 262.21(a) through (g)(1), 40 CFR 262.21(h)
through (m), this chapter, and in the case of an electronic manifest, 40 CFR
262.24(a) through (f) and 40 CFR 262.25.
(b)
Subject to (c), below, the requirements of 40 CFR 262 Subpart B and the
marking requirements of Env-Hw 507.03(b)(3) shall not apply to the transport of
hazardous wastes on a public or private right-of-way within or along the border
of contiguous property under the control of the same person, even if such
contiguous property is divided by a public or private right-of-way.
(c)
When transporting hazardous waste as in (b), above, a generator shall
comply with the immediate response actions and discharge cleanup requirements
of Env-Hw 608.01 and Env-Hw 608.02 in the event of a discharge of hazardous
waste on a public or private right-of-way.
(d)
A generator shall:
(1) Determine whether the destination state for a
shipment regulates any additional wastes as hazardous wastes beyond those
regulated federally;
(2) Determine whether the destination state for a
shipment requires the generator to submit any copies of the manifest to the
state; and
(3) Based on its findings with respect to (1) and
(2), comply with the requirements of the destination state, as applicable.
(e)
A full quantity generator who initiates a shipment of hazardous waste
shall certify on the manifest that the waste minimization statement required by
40 CFR 262.27(a) is true.
(f)
A small quantity generator who initiates a shipment of hazardous waste
shall certify on the manifest that the waste minimization statement required by
40 CFR 262.27(b) is true.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07;
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09;
ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 510.02 Manifest Copy Distribution and Signatory Requirements.
(a)
If waste is to be shipped using a paper manifest, a generator shall:
(1) Sign and date by hand the certification on
the first copy of the manifest form and ensure that the signature imprint and
date are legible on all copies;
(2) Obtain the date of acceptance and handwritten
signature of the initial transporter;
(3) Produce one legible copy of the manifest with
signatures as described in (a)(1) and (a)(2) if the destination state does not
require a copy of the manifest and 2 legible copies if the destination state
does require a copy;
(4) Retain one copy of the manifest with
signatures as described in (a)(1) and (a)(2), above;
(5) Submit, within 5 days of shipment, one copy
of the manifest as described in (a)(3), above, to:
a. The destination state if required by that
destination state; and
b. The department; and
(6) Provide 4 copies of the manifest to the
transporter to accompany the shipment.
(b)
If waste is to be shipped using an electronic manifest that has been
printed for a generator’s signature, the generator shall:
(1) Sign and date by hand the certification on
the manifest;
(2) Obtain the handwritten signature of the
initial transporter;
(3) Produce 2 legible copies of the manifest with
signatures as described in (b)(1) and (b)(2), above, if the destination state
does not require a copy of the manifest and 3 legible copies if the destination
state does require a copy;
(4) Retain one copy of the manifest with
signatures as described in (b)(1) and (b)(2), above;
(5) Submit, within 5 days of shipment, one copy
of the manifest as described in (b)(3), above, to:
a. The destination state if required by that
destination state; and
b. The department; and
(6) Provide the manifest to the transporter to
accompany the shipment.
(c)
If waste is to be shipped using an electronic manifest that the
generator will sign electronically, the generator shall:
(1) Sign the electronic manifest in accordance
with 40 CFR 262.25; and
(2) Provide one printed copy of the electronic
manifest to the transporter to accompany the shipment.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07;
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09;
ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 510.03 Manifest Information.
(a)
The manifest shall contain all of the
information required by 40 CFR 262.20(a).
(b)
For manifest item 13, in addition to all applicable EPA and NH hazardous
waste numbers, a generator who claims an exemption from a hazardous waste
cleanup fund fee shall identify wastes using the following exemption codes, as
applicable:
(1) “NHX1” for wastes that are destined for
recycling and are exempt from the hazardous waste cleanup fund fee based on RSA
147-B:9, III;
(2) “NHX2” for wastes that are exempt from the
hazardous waste cleanup fund fee based on RSA 147-B:9, VI;
(3) “NHX3” for wastes that are exempt from the
hazardous waste cleanup fund fee based on RSA 147-B:9, IV;
(4) “NHX4” for wastes that are exempt from the
hazardous waste cleanup fund fee based on RSA 147-B:9, I;
(5) “NHX5” for wastes that are exempt from the
hazardous waste cleanup fund fee based on RSA 147-B:9, II; and
(6) “NHX6” for wastes that are exempt from the
hazardous waste cleanup fund fee based on RSA 147-B:9, V.
(c)
A generator who claims an exemption from a hazardous waste cleanup fund
fee shall provide, upon request, the following documentation, as applicable:
(1) For exemption code “NHX1”, a certification
from the receiving facility that the waste was or will be recycled; and
(2) For exemption codes “NHX2” through “NHX6”,
documentation that demonstrates eligibility for the exemption.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd
by #7578, eff 10-13-01; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss
by #8790, eff 1-5-07; (See Revision Note at chapter heading for Env-Hw 500) ss
by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 510.04 Manifest Errors/Corrections.
(a)
The generator shall initial and date any corrections to a paper manifest
prior to shipment.
(b)
If a paper manifest is rendered unusable, the manifest shall be voided
and destroyed.
(c)
If an error on a paper or electronic manifest is detected after the
waste has been shipped, the generator shall:
(1) Advise the operator of the receiving facility
of the error no more than one business day after detection of the error and
ensure that the error is corrected, either by:
a.
Confirming in the electronic manifest system that the operator of the
receiving facility made the correction; or
b.
Obtaining written confirmation from the operator of the receiving
facility that the correction was made; or
(2) Subject to (d), below, submit data
corrections via the electronic manifest system by following the procedures in
40 CFR 264.71(l):
a.
No more than one business day after detection of the error; or
b.
If the operator of the receiving facility has not yet certified receipt
of the waste by signing item 20 on the manifest, no more than one business day
after the receiving facility has certified receipt.
(d)
In the case of (c)(2), above, if a generator makes corrections
involving:
(1) The addition of the fee exemption codes
provided in Env-Hw 510.03 to a waste(s) on a manifest, the department shall
acknowledge such changes only as specified in Env-Hw 512.02(j)(2); or
(2) The type or quantity of waste on a manifest,
the department shall acknowledge such changes only if the generator provides to
the department documentation that the operator of the receiving facility agrees
with the change.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922,
eff 11-23-19
Env-Hw 510.05 Rail or Water Shipments.
(a) For bulk shipments of hazardous waste that
occur solely by water and for rail shipments of hazardous waste that originate
at the site of generation, the generator shall comply with this section instead
of with Env-Hw 510.02(a)(5), (a)(6), (b)(5), (b)(6), and (c)(3), as applicable.
(b)
For bulk shipments of hazardous waste that occur solely by water, if
waste is to be shipped using a paper manifest, the generator shall, within 5
days of shipment, send:
(1) To the owner or operator of the designated
facility, or to the last water transporter to handle the waste in the United
States if exported by water, 3 copies of the dated and signed manifest;
(2) To the department, one copy of the dated and
signed manifest; and
(3) To the destination state, one copy of the
dated and signed manifest if the shipment remains within the United States and the
destination state requires a copy.
(c) For rail shipments of hazardous waste that
originate at the site of generation, if waste is to be shipped using a paper
manifest, the generator shall, within 5 days of shipment, send:
(1) To the following, 3 copies of the dated and
signed manifest:
a.
The next non-rail transporter, if any;
b.
The designated facility if transported solely by rail; or
c.
The last rail transporter to handle the waste in the United States if
exported by rail;
(2) To the department, one copy of the dated and
signed manifest; and
(3) To the destination state, one copy of the
dated and signed manifest if the shipment remains within the United States and
the destination state requires a copy.
(d)
For bulk shipments of hazardous waste that occur solely by water and for
rail shipments of hazardous waste that originate at the site of generation, if
waste is to be shipped using an electronic manifest that has been printed for a
generator’s signature, the generator shall, within 5 days of shipment, send:
(1) To the department, one copy of the dated and
signed manifest; and
(2) To the destination state, one copy of the
dated and signed manifest if the shipment remains within the United States and
the destination state requires a copy.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922,
eff 11-23-19
Env-Hw 510.06 International Shipments.
(a)
Any person who exports or imports hazardous waste, except NH-only waste,
shall comply with 40 CFR 262 Subpart H.
(b)
In accordance with 40 CFR 262.82, exports and imports of hazardous waste
shall be subject to the level of control specified in “Guidance Manual for the
Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex
B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and
Annex C: OECD Consolidated List of Wastes Subject to the Amber Control
Procedure,” as incorporated by reference in 40 CFR 260.11(g) and available as
noted in Appendix B.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff
2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES:
3-4-07; ss by #8790, eff 1-5-07; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922,
eff 11-23-19
PART
Env-Hw 511 DELIVERY OF HAZARDOUS WASTE
Env-Hw
511.01 Delivery.
(a) A generator shall not deliver or offer
hazardous waste to:
(1) A facility that has not obtained an EPA
identification number; or
(2) A transporter that does not possess an EPA identification
number and a current and valid New Hampshire hazardous waste transporter
registration.
(b) Except as provided in (f) and (g),
below, a generator shall deliver hazardous waste only to a facility authorized
under the destination state’s rules to handle the hazardous waste.
(c) Except as provided in (f) and (g),
below, the generator shall contact the operator of the designated facility, or
the transporter if unable to contact the operator, to determine the status of a
hazardous waste shipment if:
(1) Waste was shipped using a paper manifest and
the generator does not receive a copy of the manifest from the operator within
35 days of shipment;
(2) Waste was shipped using an electronic
manifest that was printed for the generator’s signature and either:
a.
The generator has not received a copy of the manifest from the operator
within 35 days of shipment; or
b.
The generator subsequently accesses
the electronic manifest system, and
the electronic manifest system indicates that the shipment has not been
received by the facility within 35 days of shipment; or
(3) Waste was shipped using an electronic
manifest and the electronic manifest system indicates that the shipment has not
been received by the facility within 35 days of shipment.
(d) The generator shall submit an exception
report to the department within 45 days of shipment if:
(1) The generator does not receive a copy of the
manifest with the hand-written signature of the operator of the designated
facility; or
(2) The electronic manifest system indicates that
the shipment has not been received by the facility.
(e)
Exception reports submitted pursuant to (d), above, shall include:
(1) A legible copy of the manifest for which the
generator does not have confirmation of delivery; and
(2) A cover letter signed by the generator or his
authorized representative explaining the efforts taken to locate the hazardous
waste and the results of those efforts.
(f) A small quantity generator shall not be
required to register as a hazardous waste transporter to transport 55 gallons
or less of hazardous waste generated at its site to the following locations,
provided the requirements of Env-Hw 601.02(b)(1) through (4) are satisfied:
(1) A site that meets the conditions of Env-Hw
501.02(c)(1);
(2) A one-day household hazardous waste
collection event sponsored by a government entity if:
a.
A hazardous waste manifest, identifying the small quantity generator as
both the generator and the first transporter, accompanies the waste at all times;
b.
The waste is given directly to a New Hampshire registered hazardous
waste transporter during the collection event; and
c.
Permission is obtained in advance from the government entity sponsoring
the collection event; or
(3) A facility authorized under the destination
state’s rules to handle the waste.
(g) A healthcare facility that is a small
quantity generator when counting all of the hazardous
waste it generates and accumulates in a calendar month, including both its
hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall not be required to register as a
hazardous waste transporter to transport the following:
(1) A
potentially creditable hazardous waste pharmaceutical to a reverse distributor;
and
(2) A
non-creditable hazardous waste pharmaceutical or a potentially creditable
hazardous waste pharmaceutical to:
a. A healthcare facility that meets the
applicable conditions of 40 CFR 266.502(l), as amended by Env-Hw 1302.02(c)(7)
through (c)(9), and 40 CFR 266.503(b), as amended by Env-Hw 1302.02(d), to
accept such wastes from an off-site healthcare facility; or
b. A site that meets the
conditions of Env-Hw 501.02(c)(1)a., provided all conditions of Env-Hw
501.02(c)(1) are satisfied.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff
9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; (See Revision Note at chapter
heading for Env-Hw 500) ss by #9367, eff 1-28-09; amd
by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19;
ss by #13406, eff 7-23-22
Env-Hw 511.02 Inability to Deliver.
(a)
If a transporter is unable to deliver all or part of a hazardous waste
shipment, or if a facility rejects all or part of a hazardous waste shipment,
the generator shall either designate an alternate authorized facility or
instruct the transporter or operator to return the waste to the generator.
(b)
If a waste shipment is, or container residues contained in non-empty containers are,
returned to the
generator, the generator shall:
(1) Ensure that the paper or electronic manifest
is completed in accordance with 40 CFR 264.72(f) and 40 CFR 265.72(f), as
applicable;
(2) Sign:
a. Item 18c of the manifest,
if the transporter returned the shipment using the original manifest; or
b. Item 20 of the manifest, if the transporter
returned the shipment using a new manifest;
(3) Provide a copy of the manifest to the transporter; and
(4) Comply with the applicable accumulation
requirements of this chapter.
(c) If a paper manifest or an electronic manifest that was printed for the generator’s signature accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall submit a copy of the manifest, signed as specified in (b)(2), above, to the department within 5 days of receipt of the returned shipment or residues.
(d) If a paper manifest
accompanies a returned shipment or returned container residues contained in
non-empty containers, the
generator shall send a copy of the manifest to the designated facility that
returned the shipment or residues to the generator within 30 days of receipt of the returned
shipment or residues.
(e) If the designated facility uses a new manifest to forward a waste shipment to an alternate facility as specified in (a), above, the generator shall comply with the shipment tracking requirements of Env-Hw 511.01(c) and (d) by:
(1) Ensuring that the manifest copy received by the generator has the signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility; and
(2) Starting the 35- and 45-day timeframes on the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09;
ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19;
ss by #13406, 7-23-22
PART
Env-Hw 512 RECORDKEEPING AND REPORTING
REQUIREMENTS
Env-Hw 512.01 Recordkeeping.
(a)
A generator shall keep the following records, as applicable, for at
least 3 years:
(1) Subject to (d) through (f), below, all
manifest copies, including the original generator copy and the copy certified
by the designated facility or the foreign consignee, for 3 years from the date
of signature by the generator;
(2) A copy of each quarterly activity report and
biennial report, for 3 years from the due date of the report;
(3) A copy of each exception report;
(4) A copy of each notification of intent to
export;
(5) A copy of each EPA acknowledgment of consent;
(6) Records on any test results, waste analyses,
or other waste determinations, made in accordance with Env-Hw 401.03(j) or
Env-Hw 502.01, for 3 years from the date that the waste was last sent to be
recycled or for treatment, storage or disposal;
(7) Records of any hazardous waste spills or
discharges;
(8) Records of the inspections required by Env-Hw
509.02, for 3 years from the date of the inspection;
(9) Records pertaining to the use of drip pads as
required by Env-Hw 509.02(e);
(10) Records pertaining to the use of containment
buildings as required by Env-Hw 509.02(f);
(11) Records pertaining to land disposal
restrictions as required by Env-Hw 509.05, for 3 years from the date that the
waste was last sent to on-site or off-site treatment, storage, or disposal; and
(12) Records pertaining to hazardous waste
received from small quantity generators as required by Env-Hw 509.02(l)(1), for 3 years from the date of
receipt of the waste.
(b)
The time period specified in (a), above, shall
be automatically extended while any enforcement action is pending.
(c)
Manifests may be retained on electronic media provided the records are
available during an inspection by the department.
(d)
Except as specified in (e) and (f), below, a generator may rely on the
electronic manifest system to satisfy manifest recordkeeping requirements in
(a)(1), above, only if the generator has registered in the electronic manifest
system and has established access to manifest records stored therein.
(e) For shipments of waste using an electronic
manifest that was printed for the generator’s signature, the generator shall
retain the paper copy of the electronic manifest with the generator’s signature
for 3 years from the date of signature by the generator.
(f)
For shipments of waste using a paper manifest, a generator who has
registered in the electronic manifest system shall retain the original
generator copy of the manifest as specified in (a)(1), above, until such time
as the generator verifies, in the electronic manifest system, receipt of the
shipment by the receiving facility.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 512.02 Quarterly Reporting.
(a)
The department shall compile a hazardous waste quarterly activity report
summarizing hazardous waste manifest information from the electronic manifest
system and mail or email the report to each generator who ships hazardous waste
off-site using a manifest.
(b)
If a generator ships hazardous waste off-site using a manifest and has
not received a quarterly activity report within 45 days following the last day
of the previous quarter, the generator shall ask the department to send a new
report.
(c)
Unless exempt under (d), below, a generator who receives a hazardous
waste quarterly activity report from the department shall return a certified
copy of the report to the department.
(d)
Political subdivisions that generate less than 660 pounds of hazardous
waste in a 3-month period shall be exempt from submitting a quarterly report
pursuant to (c), above.
(e)
A generator who generates equal to or greater than 660 pounds of
hazardous waste in a 3-month period shall pay the quarterly hazardous waste
generator fee established in RSA 147-B:8, subject to the exemptions established
in RSA 147-B:9, to the department for deposit into the hazardous waste cleanup
fund.
(f)
The reporting quarters shall be as follows:
(1)
1st Quarter - January 1 to March 31;
(2)
2nd Quarter - April 1 to June 30;
(3)
3rd Quarter - July 1 to September 30; and
(4)
4th Quarter - October 1 to December 31.
(g)
Quarterly activity reports shall include the following:
(1)
Reporting quarter;
(2)
Name, mailing address, site location, and EPA identification number of
the generator;
(3)
Weight in pounds of the hazardous waste manifested during the reporting
quarter, summarized by manifest tracking number and EPA or NH hazardous waste
number;
(4)
Weight in pounds of the quarter’s manifested hazardous waste that is
exempt from fees pursuant to RSA 147-B:9; and
(5) Fee due to the state of New
Hampshire.
(h)
The generator shall:
(1)
Review the reports for accuracy;
(2) Correct any errors;
(3)
Notify the department of any needed corrections within 30 days of
receipt of the report; and
(4)
Certify, as specified in Env-Hw 207, the report.
(i) The generator shall submit to the department
each quarterly activity report along with the appropriate fee within 30 days of
receipt.
(j)
Fees required by RSA 147-B:8 shall be assessed based on the weight of
hazardous wastes calculated from information from the electronic manifest
system, as follows:
(1)
The assessed weight of hazardous wastes shall be calculated from
information from the electronic manifest system; and
(2)
If the generator inadvertently omits an exemption code in manifest item
13 as required by Env-Hw 510.03(b)(1), the hazardous waste shall not be exempt
from the fee unless the generator corrects the error by:
a. For exemption code “NHX1”, having the
receiving facility submit a certification to the department that the waste was
or will be recycled; or
b. For exemption codes “NHX2” through
“NHX6”, submitting documentation that demonstrates eligibility for the
exemption.
(k)
Failure to submit the fees due as specified in (j), above, within 60
days of the due date shall result in the assessment of interest pursuant to RSA
147-B:8, at the rate established by RSA 336:1, II.
(l) Fees paid by check or money order shall be:
(1)
Made payable to “Treasurer, State of New Hampshire”; and
(2)
Delivered or mailed to the department.
(m) For credit card
payments, the generator shall provide such information as is needed by the
department to process the transaction and the mailing or email address to which the
receipt is to be sent.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; amd
by #7578, eff 10-13-01; amd by #8714, INTERIM, eff
9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss
by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw
500) ss by #9367, eff 1-28-09; amd by #10205, eff
10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 512.03 Export and Import Recordkeeping and
Reporting.
(a)
An exporter shall:
(1) Meet the recordkeeping
requirements of 40 CFR 262.83(i);
(2) File
an annual report with the administrator of EPA, by March 1 of each year, that
is based on exports made during the previous calendar year, as specified in 40
CFR 262.83(g);
and
(3) In lieu of the requirements
of 40 CFR 262.42, if applicable, meet the exception reporting requirements of
40 CFR 262.83(h).
(b) An importer shall meet the
recordkeeping requirements of 40 CFR 262.84(h).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw
512.04 Biennial Reporting.
(a) On even-numbered years,
the department shall prepare a biennial report as required in 40 CFR 262.41 on
behalf of each generator that is required to report biennially, based on information
provided on notification forms, manifest information in the electronic manifest
system, and quarterly reports.
(b) If a generator
is subject to biennial reporting requirements and has not received a biennial
report from the department by February 1 of an even-numbered year, the
generator shall ask the department to send a new biennial report.
(c) The generator shall:
(1) Review the biennial report
for accuracy;
(2) Correct any errors;
(3) Notify the department of any
needed corrections by March 1 of that year;
(4) Provide the department with
any additional information necessary to complete the biennial report as
required in 40 CFR 262.41; and
(5) Submit to the department
a complete and certified copy of the biennial report by March 1 of that year,
certified as specified in Env-Hw 207.
Source.
#10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 512.05 Additional Reporting. A generator who also operates a treatment,
storage or disposal facility at the same location shall submit additional biennial
report information as required by Env-Hw 705.03.
Source.
#12347, eff 8-14-17
PART
Env-Hw 513 EMERGENCY ACTION; REMEDIAL ACTION
Env-Hw 513.01 Immediate Discharge Response Actions.
(a)
In the event of any discharge of hazardous waste or of a material that
when discharged becomes a hazardous waste that poses a threat to human health
or the environment, including but not limited to a discharge into storm drains
or sanitary sewers, onto the land, or into the air, groundwater, or surface
waters, the generator shall report the discharge:
(1) Immediately, not to exceed one hour from the
discovery of the release; and
(2) To local emergency officials and to:
a. The department’s emergency response team at
the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4
p.m.; or
b.
The New Hampshire state police headquarters communications unit at the
telephone number listed in Appendix E, 24 hours per day.
(b)
The generator also shall comply with the emergency procedures specified
in 40 CFR 265.56.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17
Env-Hw 513.02 Discharge Cleanup.
(a)
The generator shall immediately contain and cleanup, within 24 hours,
any discharge of hazardous waste or material that, when discharged, becomes a hazardous
waste.
(b)
If the hazardous waste discharge cannot be or is not cleaned up within
24 hours, then within 5 days of the discharge the generator shall submit a
cleanup plan to the department for approval prior to implementation, except as
provided in (e), below.
(c)
The cleanup plan shall:
(1) Provide for the protection of human health
and the environment;
(2) Provide for the removal and proper disposal
of the contamination source;
(3) Provide for confirmatory analysis of the
potentially affected media, for example, soil, groundwater, or surface water,
to demonstrate the cleanup is successful; and
(4) Include a time table
for completion of the cleanup plan.
(d)
The department shall review the proposed cleanup plan and approve the
plan if it determines that the plan meets the criteria set forth in (c), above.
(e)
To minimize contamination, reduce risk of exposure, or promote more
timely response actions, the generator may begin discharge response actions
before the cleanup plan is submitted to or approved by the department, provided
the generator:
(1) Incorporates the self-initiated measures into
the report submitted to the department pursuant to (f), below; and
(2) Complies with all other applicable local,
state, and federal requirements.
(f)
Within 30 days of completion of the cleanup, the generator shall submit
a report to the department detailing the actions taken.
(g)
If the complete cleanup cannot be accomplished in accordance with (b)
through (f), above, the generator shall submit a scope of work proposal for
site investigations pursuant to Env-Or 600 to evaluate the potential impacts of
the release on soil and groundwater.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 513.03 Waiver of Permit Requirements for
Emergency Response. Subject to Env-Hw
303.02(l), a person shall not be
required to obtain a permit for treatment or containment activities taken
during immediate response to the situations described in Env-Hw 303.02(k).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19
PART Env-Hw
514 SMALL QUANTITY GENERATOR SELF-CERTIFICATION
Env-Hw 514.01 Purpose
and Applicability.
(a) The purpose of
this part is to implement RSA 147-A:5, IV relative to self-certification of
compliance with applicable hazardous waste rules by small quantity generators
(SQGs) of hazardous waste.
(b) This part shall
apply to any hazardous waste generator that generates, for every month of the
generator’s operations, less than 100 kilograms or 220 pounds of hazardous
waste per month.
(c) Nothing in this
part shall eliminate or otherwise affect the obligation of an SQG to comply
with all applicable requirements of RSA 147-A and the hazardous waste rules.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 514.02 Definitions. For purposes of this part, the following
definitions shall apply:
(a)
“Declaration”
means a completed self-certification form and any attachments thereto;
(b)
“Fees
that are due” means the non-refundable fees required by RSA 147-A:5, IV(b) that
are due for the 3 years following the year in which the declaration is due;
(c)
“Self-certification form” means the “Small Quantity Generator
Self-Certification and Declaration of Compliance Form” an SQG completes to
certify compliance with applicable hazardous waste rules;
(d)
“Small quantity generator (SQG)” means a generator who generates less
than 100 kilograms or 220 pounds of hazardous waste in each and every calendar month;
(e) “SQG whose
declaration is due” means:
(1) In 2018 and every third year thereafter, SQGs
in Rockingham and Strafford counties;
(2) In 2016 and every third year thereafter, SQGs in
Hillsborough and Cheshire counties; and
(3) In 2017 and every third year thereafter, SQGs
in Merrimack, Coos, Carroll, Belknap, Sullivan, and Grafton counties; and
(f)
“Year in which the declaration is due” means:
(1) For SQGs in Rockingham and Strafford
counties, 2018 and every third year thereafter;
(2) For SQGs in Hillsborough and Cheshire
counties, 2016 and every third year thereafter; and
(3) For SQGs in Merrimack, Coos, Carroll,
Belknap, Sullivan, and Grafton counties, 2017 and every third year thereafter.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by
#12347, eff 8-14-17
Env-Hw 514.03 Self-Certification
Procedures.
(a) On or before
October 1 of each year, the department shall email, if available, or mail a
self-certification form and explanatory information to each SQG whose
declaration is due.
(b) Subject to (d)
below, any SQG whose declaration is due who does not receive a
self-certification form by October 10 of the year in which the declaration is
due shall notify the department no later than October 20 of that same year.
(c) Upon receiving
notification pursuant to (b), above, the department shall email, if available,
or mail a self-certification form and explanatory information to the SQG.
(d) An SQG whose
declaration is due may download the self-certification form and explanatory
information from the department’s website in lieu of requesting a paper copy
from the department.
(e) An SQG whose
declaration is due shall complete the self-certification form provided by the
department and return it to the department no later than January 1 of the year
immediately following the year in which the declaration is due, together with:
(1) The fees that are due, if
any, as specified in RSA 147-A:5, IV(b) through (e);
(2) A notification form, if a
subsequent notification as specified in Env-Hw 505.01 is necessary; and
(3) The corrective action plan
required by Env-Hw 514.06, if applicable.
(f) An SQG whose
declaration is due shall send or deliver the declaration, corrective action
plan, if any, and the applicable fee to:
Department of
Environmental Services, Waste Management Division
Attn: SQG Self-Certification Program
29 Hazen Drive
P.O. Box 95
Concord, NH 03302-0095
(g) Payment shall be
made in the form of cash, check, money order, or credit card.
(h) Checks and money
orders shall be made payable to “Treasurer, State of NH”.
(i) For credit card payments, the SQG shall
provide such information as is needed by the department to process the
transaction and the mailing or email address to which the receipt is to be
sent.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; amd by
#10205, eff 10-19-12; ss by #12347, eff 8-14-17
Env-Hw 514.04 Self-Certification Form: SQG
Identification and Description. An
SQG whose declaration is due shall provide the following identifying and
descriptive information on the self-certification form for each facility
operated by the SQG:
(a)
The facility’s business name;
(b)
The facility’s mailing address;
(c)
The facility’s street address if different than the facility’s mailing
address;
(d)
The municipality and county in which the facility is located;
(e)
The facility’s EPA identification number;
(f)
The name and title of the individual completing the self-certification
form on behalf of the SQG, the individual’s daytime telephone number if
different from the SQG’s and, if available, an email address;
(g)
The date or dates on which the self-certification inspection and the
file review were conducted;
(h)
The name and telephone number of the owner of the property, if other
than the SQG;
(i) Whether the facility:
(1) Only generates used oil for recycle or
universal waste, or both;
(2) Only generates hazardous waste through recovery
of silver from the use of photo-fixer solution;
(3) Has ceased generating hazardous waste;
(4) Generates equal to or greater than 100
kilograms or 220 pounds of hazardous waste per month, generates or accumulates
equal to or greater than 1 kilogram or 2.2 pounds of acutely hazardous waste
per month, or both;
(5) Generates and accumulates less than 100
kilograms or 220 pounds of hazardous waste per month; or
(6)
Is a political subdivision of the state.
(j)
A list of the hazardous wastes generated;
(k)
A description of how the SQG’s hazardous waste is generated;
(l) The amount of hazardous waste generated
monthly for each of the 12 months prior to the declaration being completed;
(m)
The amount of hazardous waste currently accumulated at the facility; and
(n)
Whether the hazardous waste determination was done by testing, by
knowledge of the process and materials used, or by relying on advice from a
transporter or consultant.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 514.05 Self-Certification Form:
Self-Certification of Compliance.
(a) Subject to Env-Hw
514.06, an
SQG whose declaration is due shall verify through appropriate inspections and
record reviews that the SQG is in compliance with the
following rules, if applicable to the SQG’s operations, and certify such
compliance on the self-certification form:
(1) Env-Hw 505.01 relative to subsequent
notification;
(2) Env-Hw 505.04
relative
to filing an “Inactivation/Declassification Form” if the SQG has ceased
business operations, including activities regulated by the hazardous waste
rules, at the location identified on the SQG’s original notification form;
(3) Env-Hw 507.02 relative to
requirements for containers and tanks;
(4) Env-Hw 507.04 relative to
labeling containers and tanks containing hazardous waste and shipping hazardous
waste off-site;
(5) Env-Hw 508.02 relative to
quantity of accumulation and preparedness and prevention;
(6) Env-Hw 508.03 relative to
extended accumulation;
(7) Env-Hw 510.01 through
Env-Hw 510.06
relative to manifests;
(8) Env-Hw 511.01 relative to
delivery of hazardous wastes to an authorized facility;
(9) Env-Hw 512.01 relative to
maintaining records; and
(10) Env-Hw 513.01 relative to
reporting discharges of hazardous waste.
(b) The SQG’s owner
or authorized representative shall sign and date the self-certification form
and certify, as specified in Env-Hw 207, that the individual signing the form
is familiar with the rules listed in (a), above, and with the SQG’s operations
and procedures with respect to hazardous waste at the facility covered by the
declaration.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 514.06 Corrective
Action Plan.
(a)
If, at the time the declaration is due, an SQG is not in compliance with
one or more of the rules identified in Env-Hw 514.05(a), the SQG shall submit a
corrective action plan, as described in (b) and (c), below, with the
declaration.
(b)
For each instance of non-compliance, the corrective action plan shall
identify:
(1) The rule with which the SQG is not in
compliance;
(2) The action(s) the SQG has taken to date, if
any, and the action(s) the SQG will take to come into compliance;
(3) The schedule on which the remaining
corrective action(s) will be implemented; and
(4) The procedures adopted by the SQG to
prevent a recurrence of the non-compliance.
(c)
The corrective action plan shall also specify the date by which all
remaining corrective actions shall be completed, which shall be as soon as
practicable but in no event later than 90 days from the date the declaration is
due, unless an extension is requested and granted pursuant to (e) and (f),
below.
(d)
Within 30 days of completing all actions included in the corrective
action plan, the SQG shall submit a statement of completion to the department
that includes:
(1) A description of the corrective actions taken
to comply with the corrective action plan;
(2) The date each corrective action was
completed; and
(3) A certification, as specified in Env-Hw 207,
that the corrective action has been completed in accordance with the corrective
action plan.
(e)
If a corrective action cannot be completed within 90 days of the date
the declaration is due, the SQG may submit a written request for an extension explaining
the circumstances warranting such an extension.
(f)
The department shall grant an extension requested pursuant to (e),
above, if the corrective action cannot be completed within 90 days due to
circumstances that are beyond the control of the SQG.
Source.
#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04
New. #8415, eff 8-19-05; (See Revision Note at chapter heading
for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17
Env-Hw 514.07 Interest on Unpaid Fees.
(a)
As specified in RSA 147-A:5, IV(c), if the self-certification fee is not
paid within 60 days of the due date, interest shall be assessed.
(b)
The interest rate shall be the rate established by RSA 336:1, II.
Source.
#10205, eff 10-19-12; ss by #12347, eff 8-14-17
PART
Env-Hw 515 HAZARDOUS WASTE COORDINATOR
CERTIFICATION
Env-Hw 515.01 Purpose. The purpose of this part is to implement RSA
147-A:5, III relative to hazardous waste coordinator certification.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.02 Applicability.
(a)
This part shall apply to
hazardous waste coordinators, as identified in RSA 147-A:5,
III(a).
(b)
Nothing in this part shall eliminate or otherwise affect the obligation
of a generator to comply with all applicable requirements of RSA 147-A and the
hazardous waste rules.
(c)
A hazardous waste generator or any other person may participate in the
hazardous waste coordinator certification program administered by the
department in accordance with this part.
Any person who voluntarily participates shall be subject to all program
requirements, except that the person may withdraw from the program at any time
without penalty.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.03 Definitions.
(a)
“Basic course” means the initial training course administered by the
department that provides the hazardous waste management information needed to
pass the examination required by Env-Hw 515.05.
(b)
“Certified hazardous waste coordinator” means an individual who holds a
hazardous waste coordinator certification that is current and in good standing.
(c)
“Hazardous waste coordinator certification” means the certification
granted to an individual by the department upon completing the requirements set
forth in Env-Hw 515.04, Env-Hw 515.06, and Env-Hw 515.07, as applicable.
(d) “Hazardous waste coordinator
certification program” means the training, education, and certification program
administered by the department to implement the requirements of RSA 147-A:5,
III.
(e)
“Initial certification” means the hazardous waste coordinator
certification granted to an individual:
(1) Who has not previously been certified by the
department; or
(2) Whose certification expired prior to
obtaining a renewal.
(f)
“Module” means a training course, other than a basic course, that is
offered by the department to fulfill the continuing education requirement for
renewal of certification.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.04 Application for Certification. An applicant for an initial certification or
a renewal certification shall submit the following to the department:
(a)
A completed signed “Hazardous Waste Coordinator Certification Training
Application” form that includes:
(1) The applicant’s name, mailing address, and
daytime telephone number and, if available, the applicant’s email address and
fax number;
(2) If applicable, the name, facility address,
EPA identification number, and generator classification of the generator with
which the applicant is employed;
(3) If
the application is for initial certification, the date and location of the
basic course the applicant wishes to attend;
(4) If
the application is for renewal of a current certification, the current
certification number and the date and location of the basic course or module
the applicant wishes to attend; and
(5) A statement certifying, as specified in Env-Hw 207, the information
provided in the application;
(b)
The course fee specified in RSA 147-A:5, III(a) and established by the
department pursuant to Env-Hw 515.05(a); and
(c)
The application fee of $125 specified in RSA 147-A:5, III(b).
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.05 Courses and Examinations.
(a)
The department shall:
(1) Administer basic courses, modules, and for
initial certifications, written examinations to determine the knowledge, ability and judgment of the applicants for initial
coordinator certification; and
(2) Charge a reasonable fee, pursuant to RSA
147-A:5, III(a), sufficient to cover the actual costs of administering a basic
course or module.
(b)
Unless otherwise arranged for purposes of retaking an examination
pursuant to (e)(1), below, examinations shall be administered at the conclusion
of a basic course attended by the applicant.
(c)
The examinations shall be graded on a pass/fail basis, with a score of
70% correct, or greater, constituting a passing grade.
(d)
An applicant who does not successfully pass the examination shall not be
issued a hazardous waste coordinator certification.
(e)
An applicant who fails the examination may, within one year of the date
of the examination:
(1) Retake the examination one time without a
payment of an application fee and without repeating a basic course; or
(2) Submit a new application pursuant to Env-Hw
515.04, without payment of the application fee, attend another basic course,
subject to payment of the course fee, and retake the examination at the
conclusion of the basic course.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.06 Issuance of Initial Certification.
(a)
The department shall issue an initial hazardous waste coordinator
certification to an applicant if the applicant:
(1) Submits a complete application for initial
certification as specified in Env-Hw 515.04;
(2) Attends a basic course administered by the
department pursuant to Env-Hw 515.05; and
(3) Passes a written examination administered by
the department pursuant to Env-Hw 515.05.
(b)
The department shall not issue an initial certification if:
(1) The requirements of paragraph (a), above, are
not satisfied;
(2) There exist any grounds that would constitute
good cause to deny an application pursuant to Env-C 209.02; or
(3) There exist any grounds that would constitute
good cause to suspend, revoke, or refuse to renew an application pursuant to Env-Hw
515.09 or Env-C 209.03.
(c)
An initial certification shall be:
(1) Issued in writing in the form of a
certificate that contains a unique identification number, the name of the
certification holder, and the expiration date of the certification;
(2) Effective for a period of one year from the
date of issuance, unless revoked or suspended pursuant to Env-Hw 515.09;
(3) Subject to renewal pursuant to Env-Hw 515.07;
and
(4) Non-transferable to another individual.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.07 Issuance of Renewal Certification.
(a)
The department shall issue a renewal hazardous waste coordinator
certification to an applicant if the applicant:
(1) Submits a complete application for renewal
pursuant to Env-Hw 515.04 at any time prior to the expiration date of the
certification being renewed; and
(2) Attends a basic course or a module no more
than 90 days after the expiration date of the certification being renewed.
(b)
The department shall not issue a renewal certification if:
(1) The requirements of (a), above, are not
satisfied; or
(2) There exist any grounds that would constitute
good cause to suspend, revoke, or refuse to renew an application pursuant to
Env-Hw 515.09 or Env-C 209.03.
(c)
A renewal certification shall be:
(1) Issued in writing in the form of a
certificate containing a unique identification number, the name of the
certification holder, and the expiration date of the certification;
(2) Unless revoked or suspended pursuant to
Env-Hw 515.09, effective for a period of one year from:
a. The expiration date of the expiring
certification, if the applicant attends a basic course or module no more than
90 days prior to, or no more than 90 days after the expiration date of the
certification being renewed; or
b. The date that the applicant attends a basic
course or module if the applicant attends such course or module more than 90
days prior to the expiration date of the certification being renewed; and
(3) Non-transferable to another person.
(d)
Subject to Env-Hw 515.09, the certification of an applicant who submits
a complete application for renewal in accordance with (a)(1), above, but who
has not attended a basic course or module prior to the expiration date of the
expiring certification shall be extended until the applicant attends a basic
course or module or 90 days, whichever is less.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.08 Expired Hazardous Waste Coordinator
Certification.
(a)
A hazardous waste coordinator whose certification has expired shall not
be eligible for issuance of a renewal certification pursuant to Env-Hw 515.07.
(b)
A hazardous waste coordinator whose certification has expired who wishes
to be re-certified shall apply for issuance of an initial certification in
accordance with Env-Hw 515.04 and Env-Hw 515.06.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Env-Hw 515.09 Suspension, Revocation, or Refusal to
Renew Certification.
(a)
If the department receives information that indicates that good cause,
as defined in (d), below, exists to suspend or revoke the certification, the
department shall proceed in accordance with the provisions of RSA 541-A that
are applicable to adjudicative proceedings and Env-C 209.
(b)
After proceeding in accordance with (a), above, the department shall:
(1) Revoke the certificate if it determines that
the reason that good cause exists cannot be corrected to conform to applicable
requirements and revoking the certificate will provide greater protection to
public health and safety than renewing the certificate; or
(2) Suspend the certificate, subject to (d),
below, if it determines that the reason that good cause exists can be corrected
to conform to applicable requirements.
(c)
If certification is suspended pursuant to (b)(2), above, the department
shall not reinstate certification until:
(1) The underlying problem identified in (a),
above, has been corrected; and
(2) The certification holder submits either a
written request to the department requesting that certification be reinstated
or, if the suspended certification has also expired, an application for initial
certification pursuant to Env-Hw 515.04.
(d)
Good cause to suspend, revoke, or refuse to renew a hazardous waste
coordinator certification shall include the following:
(1) The certified hazardous waste coordinator
obtained or attempted to obtain certification through fraud, deceit, or
falsification;
(2) The certified hazardous waste coordinator
knowingly violated the hazardous waste rules, conditions of a hazardous waste
permit, or other rules or permits related to protection of the environment; or
(3) Any grounds set forth in Env-C 209.03.
Source.
#10494, eff 1-1-14; ss by #12347, eff 8-14-17
Appendix
A: State Statutes, Federal Regulations
Implemented
Rule Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 501 |
RSA
147-A:3, IV, VI; RSA 147-A:5, III, IV |
40 CFR 261.9; 40 CFR
262.10; 40 CFR 262.70 |
Env-Hw 502 |
RSA
147-A:3, I, III |
40 CFR 262.11 |
Env-Hw 503 |
RSA
147-A:3, IV, VI |
40 CFR 262.13 |
Env-Hw 504 |
RSA
147-A:3, VI, XXVIII; RSA
147-A:5, III, IV; RSA 147-A:6-a |
40 CFR 262.10; 40 CFR 262.17; 40 CFR 262.18 |
Env-Hw 505 |
RSA
147-A:3, VI |
40 CFR 262.18 |
Env-Hw 506 |
RSA
147-A:3, III, IV |
40 CFR 262.17 |
Env-Hw 507 |
RSA
147-A:3, III, IV, XIII |
40 CFR 262.16; 40 CFR 262.17; 40 CFR 262 Subpart C |
Env-Hw 508 |
RSA
147-A:3, III, IV, VI, XIII, XXVII; RSA 147-A:5, IV |
40 CFR 262.14 |
Env-Hw 509 |
RSA
147-A:3, III, IV, VI, XIII, XXVI; RSA 147-A:5, III |
40 CFR 262 |
Env-Hw 510 |
RSA 147-A:3, IV, V;
RSA 147-B:7; RSA 147-B:8; RSA
147-B:9 |
40 CFR 262 Subparts B &
H; Appendix to 40 CFR 262 |
Env-Hw 511 |
RSA
147-A:3, III-VI |
40 CFR 262.17; 40 CFR
262.18; 40 CFR 262 Subpart B |
Env-Hw 512 |
RSA
147-A:3, I-VII, XIII; RSA 147-B:7; RSA 147-B:8; RSA 147-B:9; RSA
147-B:11 |
40 CFR 262 Subparts D &
H |
Env-Hw 513 |
RSA
147-A:3, III, IV, VI, VII, XXV; RSA
147-A:11 |
40 CFR 262.16, 40 CFR 262.17 |
Env-Hw 514 |
RSA
147-A:5, IV |
|
Env-Hw 515 |
RSA
147-A:5, III |
|
Appendix B: Incorporation by Reference Information
Rule Section(s) |
Reference |
Source |
Env-Hw 510.06(b) |
“Guidance
Manual for the Control of Transboundary Movements of Recoverable Wastes,
copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green
Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to
the Amber Control Procedure” |
Organization for
Economic Cooperation and Development, Environment
Directorate 2 rue Andre´ Pascal 75775 Paris Cedex 16 France Tel: +33 1 45 24 82
00 Free online at: |
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.
40 CFR 266.500
Evaluated hazardous waste
pharmaceutical means a prescription
hazardous waste pharmaceutical that has been evaluated by a reverse distributor
in accordance with § 266.510(a)(3) and will not be sent to another reverse
distributor for further evaluation or verification of manufacture credit.
Hazardous waste pharmaceutical means a pharmaceutical that is a solid
waste, as defined in § 261.2, and exhibits one or more characteristics
identified in part 261 subpart C or is listed in part 261 subpart D. A
pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a
hazardous waste pharmaceutical, if it is legitimately used/reused (e.g.,
lawfully donated for its intended purpose) or reclaimed. An over-the-counter
pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste,
as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if
it has a reasonable expectation of being legitimately used/reused (e.g., lawfully
redistributed for its intended purpose) or reclaimed.
Healthcare facility means any person that is lawfully
authorized to—
(1) Provide preventative, diagnostic,
therapeutic, rehabilitative, maintenance or palliative care, and counseling,
service, assessment or procedure with respect to the
physical or mental condition, or functional status, of a human or animal or
that affects the structure or function of the human or animal body; or
(2) Distribute, sell, or dispense
pharmaceuticals, including over-the-counter pharmaceuticals, dietary
supplements, homeopathic drugs, or prescription pharmaceuticals. This
definition includes, but is not limited to, wholesale distributors, third-party
logistics providers that serve as forward distributors, military medical
logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
centers, health clinics, physicians’ offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services, pharmacies,
long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
veterinary clinics, and veterinary hospitals. This definition does not include
pharmaceutical manufacturers, reverse distributors, or reverse logistics
centers.
Long-term care facility means a licensed entity that provides assistance with activities of daily living,
including managing and administering pharmaceuticals to one or more individuals
at the facility. This definition includes, but is not limited to, hospice
facilities, nursing facilities, skilled nursing facilities, and the nursing and
skilled nursing care portions of continuing care retirement communities. Not
included within the scope of this definition are group homes, independent
living communities, assisted living facilities, and the independent and
assisted living portions of continuing care retirement communities.
Non-creditable hazardous waste
pharmaceutical means a prescription
hazardous waste pharmaceutical that does not have a reasonable expectation to
be eligible for manufacturer credit or a nonprescription hazardous waste
pharmaceutical that does not have a reasonable expectation to be legitimately
used/reused or reclaimed. This includes but is not limited to, investigational
drugs, free samples of pharmaceuticals received by healthcare facilities,
residues of pharmaceuticals remaining in empty containers, contaminated
personal protective equipment, floor sweepings, and clean-up material from the
spills of pharmaceuticals.
Pharmaceutical means any drug or dietary supplement
for use by humans or other animals; any electronic nicotine delivery system
(e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid)
packaged for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials). This definition includes, but is not limited
to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act;
prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs;
homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals
remaining in non-empty containers; personal protective equipment contaminated
with pharmaceuticals; and clean-up material from spills of pharmaceuticals.
This definition does not include dental amalgam or sharps.
Potentially creditable hazardous waste
pharmaceutical means a prescription
hazardous waste pharmaceutical that has a reasonable expectation to receive
manufacturer credit and is—
(1) In original manufacturer packaging
(except pharmaceuticals that were subject to a recall);
(2) Undispensed; and
(3) Unexpired or less than one year past
expiration date. The term does not include evaluated hazardous waste
pharmaceuticals or nonprescription pharmaceuticals including, but not limited
to, over-the-counter drugs, homeopathic drugs, and dietary supplements.
Reverse
distributor means any person
that receives and accumulates prescription pharmaceuticals that are potentially
creditable hazardous waste pharmaceuticals for the purpose of facilitating or
verifying manufacturer credit. Any person, including forward distributors,
third-party logistics providers, and pharmaceutical manufacturers, that
processes prescription pharmaceuticals for the facilitation or verification of
manufacturer credit is considered a reverse distributor.
40
CFR 268.2(c)
Land disposal means placement in or on the land, except in a
corrective action management unit or staging pile, and includes, but is not
limited to, placement in a landfill, surface impoundment, waste pile, injection
well, land treatment facility, salt dome formation, salt bed formation,
underground mine or cave, or placement in a concrete vault, or bunker intended
for disposal purposes.
40 CFR 270.2
Site means the
land or water area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or
activity.
40 CFR 273.2(c)(2)
An unused battery becomes a waste on the date
the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in paragraph
(a)(1) of this section becomes a waste on the first date on which both of the
following conditions apply:
(i) The generator of the recalled pesticide agrees to
participate in the recall; and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described in
paragraph (a)(2) of this section becomes a waste on the date the generator
decides to discard it.
40 CFR 273.4(c)(2)
Unused mercury-containing equipment becomes a
waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the date
the handler decides to discard it.
40 CFR 273.6(c)(2)
An unused aerosol can becomes a waste on the date the handler decides to discard
it.
40 CFR 273.13(e)(4)(i)
Conduct
puncturing and draining activities using a device specifically designed to
safely puncture aerosol cans and effectively contain the residual contents and
any emissions thereof.
40 CFR 273.33(c)(2)
(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 |