CHAPTER Env-Sw 700
INCINERATION FACILITY REQUIREMENTS
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with
amendments, renumbered, and redesignated former
Chapter Env-Wm 2400 as Env-Sw
700, pursuant to a rules reorganization plan for Department rules approved by
the Director of the Office of Legislative Services on 9-7-05. The source notes for each section of Env-Sw 700 identify the former subtitle Env-Wm
and number for the respective rule prior to Document #8459.
PART
Env-Sw 701
APPLICABILITY
Env-Sw
701.01 Applicability.
(a)
The rules in this chapter shall apply to processing/treatment (P/T)
facilities that incinerate solid waste, including waste-derived fuel not
certified for distribution and use as fuel pursuant to Env-Sw
1500.
(b)
The requirements in this chapter shall apply as the complement of the
P/T facility requirements in Env-Sw 500.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2401.01); ss by #10596, eff 7-1-14
PART
Env-Sw 702
INCINERATOR PERMIT APPLICATION REQUIREMENTS
Env-Sw
702.01 Permit Required.
(a)
A permit issued pursuant to the solid waste rules shall be required for
construction, operation and closure of an incinerator, unless exempt pursuant
to Env-Sw 302.03 or Env-Sw
708.
(b)
The type of permit required shall be as specified in Env-Sw
302.
Source. #5172, eff 7-1-91; amd
by #5297, eff 12-24-91; ss by #6535, INTERIM, eff
7-1-97, EXPIRES: 10-29-97; ss by #6619-B, eff
10-29-97; (See Revision Note at chapter heading for Env-Sw
700); ss by #8459, eff 10-28-05 (formerly Env-Wm 2402.01); ss by #10596,
eff 7-1-14
Env-Sw
702.02 Permit Application
Requirements. Incinerator permit
applications shall conform to the permit application requirements in:
(a)
Env-Sw 314 for a standard permit;
(b)
Env-Sw 313 for an emergency permit;
(c)
Env-Sw 312 for a research and development
permit; and
(d)
Env-Sw 311 for a permit-by-notification.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 700); ss
by #8459, eff 10-28-05 (formerly Env-Wm 2402.02); ss by #10596, eff 7-1-14
PART Env-Sw 703 SITING
REQUIREMENTS
Env-Sw
703.01 Siting Requirements. Incinerators shall be sited in conformance
with Env-Sw 1003, Env-Sw
1102, Env-Sw 1203, and Env-Sw
503, as applicable.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2403.01); ss by #10596, eff 7-1-14
PART
Env-Sw 704
DESIGN REQUIREMENTS
Env-Sw
704.01 Applicability.
(a)
The design requirements in this part shall apply to all incinerators,
except:
(1) Permit-exempt incinerators identified in Env-Sw 302.03 or Env-Sw 708;
(2)
Permit-by-notification incinerators having an active life of 90 days or
less;
(3) Research and development incinerators as provided by Env-Sw 312.02(b); and
(4) Emergency permit incinerators as provided by Env-Sw 313.02(b).
(b)
The design requirements in this part shall apply as the complement of
the design requirements in Env-Sw 1004 for all
facilities, Env-Sw 1103 for facilities having an
active life longer than 90 days, Env-Sw 1200 for
permit-by-notification facilities, Env-Sw 504, and,
depending on the type of waste managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; ss by #8459, eff 10-28-05
(formerly Env-Wm 2404.01); ss
by #10596, eff 7-1-14
Env-Sw
704.02 General Design Requirements. An incinerator shall be designed to operate
in conformance with Env-Sw 705.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2404.02); ss by #10596, eff 7-1-14
Env-Sw
704.03 Combustion Unit. The design of the combustion unit shall
comply with state rules and federal regulations for controlling air pollution,
including RSA 125-C.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff 10-28-05
(formerly Env-Wm 2404.03); ss
by #10596, eff 7-1-14
PART Env-Sw 705 OPERATING
REQUIREMENTS
Env-Sw
705.01 Applicability.
(a)
The operating requirements in this part shall apply to all incinerators,
except:
(1)
Permit-exempt incinerators identified in Env-Sw
302.03 or Env-Sw 708;
(2) Permit-by-notification incinerators, having an active life of 90 days or
less;
(3) Research and development permit incinerators, as provided by Env-Sw 313.02(b); and
(4) Emergency
permit incinerators, as provided by Env-Sw 313.02(b).
(b)
The operating requirements in this part shall apply as the complement of
the operating requirements in Env-Sw 1005 for all
facilities, Env-Sw 1105 for facilities having an
active life longer than 90 days, Env-Sw 1204 for
permit-by-notification facilities, Env-Sw 505 and,
depending on the type of waste managed, Env-Sw 900.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2405.01); ss by #10596, eff 7-1-14
Env-Sw
705.02 General Operating Requirements. The operation of an incinerator shall comply
with state rules and federal regulations for controlling air pollution,
including RSA 125-C.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2405.02); ss by #10596, eff 7-1-14
Env-Sw 705.03 Additional Signs and Postings.
(a)
The permittee shall post signs, at a conspicuous place or places
adjacent to the incinerator, stating the following information based on the
provisions of the facility permit:
(1) Authorized wastes;
(2) Prohibited wastes;
(3) Ash residue and waste storage limitations; and
(4) Instructions for ash residue storage and disposal.
(b)
Emergency procedures, including the telephone number for emergency
assistance, shall be posted at a conspicuous place or places adjacent to the
incinerator.
(c)
A copy of the operating instructions manual for the combustion unit
shall be maintained in close proximity to the incinerator so as to be readily
available for reference.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2405.03); ss by #10596, eff 7-1-14
Env-Sw
705.04 Combustion Requirements. An incinerator shall combust waste in a
manner and to a degree that results in an ash residue that contains little to
no combustible materials.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2405.04); ss by #10596, eff 7-1-14
Env-Sw
705.05 Ash Residue Management. Ash residue shall be managed in accordance
with Env-Sw 902.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2405.05); ss by #10596, eff 7-1-14
Env-Sw
705.06 Prohibitions. The following wastes shall not be
incinerated:
(a)
Wet cell batteries, pursuant to RSA 149-M:27, II;
(b)
Leaf or yard waste, except as provided in RSA 149-M:27, III;
(c)
Video display devices, central processing units from computers, or
non-mobile video game display media recorders or players, pursuant to RSA
149-M:27, IV;
(d)
Mercuric oxide batteries, pursuant to RSA 149-M:28, IV;
(e)
Mercury-added products, pursuant to RSA 149-M:58, I; and
(f) Wood components of construction and
demolition debris, or any mixture or derivation from said component, unless
allowed under RSA 125-C:10-c, II.
Source. #10596, eff 7-1-14; amd
by #12627, eff 9-27-18
PART
Env-Sw 706
CLOSURE REQUIREMENTS
Env-Sw 706.01 Closure Requirements. Incinerators shall be closed in accordance
with:
(a)
Env-Sw 1006;
(b)
Env-Sw 1106;
(c)
Env-Sw 506; and
(d)
Env-Sw 900, as applicable based on type of
waste.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2406.01); ss by #10596, eff 7-1-14
PART
Env-Sw 707
PERMIT-BY-NOTIFICATION INCINERATORS
Env-Sw
707.01 Purpose. The purpose of the rules in this part is to
identify incinerators eligible for a permit-by-notification pursuant to Env-Sw 311.
Source. #5172, eff 7-1-91; ss
by #6535, INTERIM, eff 7-1-97, EXPIRES: 10-29-97; ss
by #6619-B, eff 10-29-97; (See Revision Note at chapter heading for Env-Sw 700); ss by #8459, eff
10-28-05 (formerly Env-Wm 2407.01); ss by #10596, eff 7-1-14
PART
Env-Sw 708
PERMIT-EXEMPT INCINERATORS
Env-Sw
708.01 Purpose. The purpose of the rules in this part is to
identify incinerators which are - permit exempt, pursuant to Env-Sw 302.03(b)(2).
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 700); ss
by #8459, eff 10-28-05 (formerly Env-Wm 2408.01); ss by #10596, eff 7-1-14
Env-Sw
708.02 General Conditions for
Exemption.
(a)
The incinerators described in this part shall be exempt from obtaining a
permit, subject to the following conditions:
(1) The
facility shall comply with:
a. The universal facility requirements in Env-Sw
1000; and
b. The waste specific requirements in Env-Sw 900, as
applicable based on the type of waste managed by the facility; and
(2) All waste managed at the facility shall be actively managed.
(b)
A permit exemption shall not affect a person’s obligation to obtain all
requisite federal, state or local permits, licenses or approvals, or to comply
with all other applicable federal, state, district or local permits,
ordinances, laws or approvals or conditions pertaining to the permit-exempt
activities.
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 700); ss
by #8459, eff 10-28-05 (formerly Env-Wm 2408.02); ss by #10596, eff 7-1-14
Env-Sw
708.03 Animal Crematoriums. Subject to Env-Sw
708.02, no permit shall be required for an animal crematorium, provided that the
facility shall be used only for the incineration of animal carcasses not
classified as infectious waste under Env-Sw
904.01(a)(5)
Source. #6619-B, eff 10-29-97; (See Revision Note at
chapter heading for Env-Sw 700); ss
by #8459, eff 10-28-05 (formerly Env-Wm 2408.03); ss by #10596, eff 7-1-14
Appendix
Rule Sections |
Statute(s) Being Implemented |
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Env-Sw 700 |
RSA 149-M:6, |
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