CHAPTER Env-Hw 1300 HAZARDOUS
WASTE PHARMACEUTICALS
Statutory Authority: RSA 147-A:3
PART Env-Hw 1301 PURPOSE,
APPLICABILITY, AND EXEMPTIONS
Env-Hw
1301.01 Purpose. The purpose of this chapter is to establish
requirements for management of hazardous waste pharmaceuticals.
Source. #13407, eff 7-23-22
Env-Hw
1301.02 Applicability. This chapter shall apply to healthcare
facilities and reverse distributors, except as provided in 40 CFR 266
Subpart P as incorporated by reference in Env-Hw 1302.01.
Source. #13407, eff 7-23-22
Env-Hw 1301.03 Exemptions. This chapter shall not apply to NH-only
wastes.
Source. #13407, eff 7-23-22
PART Env-Hw 1302 HAZARDOUS WASTE PHARMACEUTICALS
Env-Hw
1302.01 Federal Requirements
Incorporated. Subject to the
amendments specified in Env-Hw 1302.02, the provisions for management of
hazardous waste pharmaceuticals in 40 CFR 266 Subpart P shall apply in New
Hampshire.
Source. #13407, eff 7-23-22
Env-Hw
1302.02 Amendments to Incorporated
Federal Requirements. The following
amendments shall apply to the incorporated requirements:
(a) Amend 40 CFR 266.500 by:
(1) Deleting the definition of “household waste pharmaceutical” and replacing it
with “Household waste pharmaceutical means a pharmaceutical that is a household
waste and is excluded from regulation as a hazardous waste pursuant to RSA
147-A:2, VII(b).”; and
(2) Deleting the definition of “non-pharmaceutical hazardous waste” and replacing it
with “Non-pharmaceutical hazardous waste means a hazardous waste that is not a
pharmaceutical.”;
(b) Amend 40 CFR 266.501 as follows:
(1) Amend 40 CFR 266.501(a) and (b) to read as follows:
“(a) A healthcare
facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in
a calendar month, including both its hazardous waste pharmaceuticals and
its non- pharmaceutical hazardous waste, remains subject to Env-Hw 500 and is
not subject to this subpart, except for §§ 266.505 and 266.507 and the optional
provisions of § 266.504.
(b) A healthcare
facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in
a calendar month, including both its hazardous waste pharmaceuticals and
its non-pharmaceutical hazardous waste, has the option of complying with §
266.501(d) for the management of its hazardous waste pharmaceuticals as an
alternative to complying with Env-Hw 500 and the optional provisions of §
266.504.”;
(2) Amend 40 CFR 266.501(d)
introductory language and (e) by replacing “parts 262 through 265” and with
“Env-Hw 500 through Env-Hw 700”;
(3) Amend 40 CFR 266.501(f) by replacing “40 CFR part 262” with “Env-Hw 500”; and
(4) Amend 40 CFR 266.501(g) introductory language by replacing “40 CFR parts 260
through 273” and with “the hazardous waste rules”;
(c) Amend 40 CFR 266.502 as follows:
(1) Amend 40 CFR 266.502(a) to read as follows:
“(a) Notification
and withdrawal from this subpart for healthcare facilities managing hazardous
waste pharmaceuticals—
(1) Notification. A healthcare facility shall
notify the department that it is a healthcare facility operating under this
subpart, by completing and submitting to the department a notification form
obtained from the department that includes the information specified in Env-Hw
504.02(a), as applicable. When completing item 10 of the notification form, in
lieu of providing a narrative description, EPA and state hazardous waste
numbers, and estimated quantity generated per month for its hazardous waste
pharmaceuticals, a healthcare facility shall enter the word “pharmaceuticals”. A healthcare facility shall submit a separate
notification form for each site or EPA identification number.
(i) A healthcare facility that already has an EPA
identification number shall notify the department, using the
notification form, that it is a healthcare facility within 60 days of the
effective date of this subpart, or within 60 days of becoming subject to this
subpart.
(ii) A healthcare facility that does not have an
EPA identification number shall obtain one by notifying the department,
using the notification form, that it is a healthcare facility within 60 days of
the effective date of this subpart, or within 60 days of becoming subject to
this subpart.
(iii) A healthcare facility shall keep a copy of its
notification on file for as long as the healthcare facility is subject to this
subpart.
(2) Withdrawal. A healthcare facility that
operated under this subpart but is no longer subject to this subpart, because
it is a small quantity generator under Env-Hw 500 when counting all its
hazardous waste, and elects to withdraw from this subpart, shall notify the department
using the notification form identified in Env-Hw
504.02(a), that it is no longer operating under this subpart. A healthcare
facility that is withdrawing from this subpart shall provide all applicable EPA
and state hazardous waste numbers for its hazardous waste pharmaceuticals in
item 10 of the notification form. A healthcare facility shall submit a separate
notification form for each EPA identification number.
(i) A healthcare facility shall submit the notification
form notifying that it is withdrawing from this subpart before it begins
operating under Env-Hw 500.
(ii) A healthcare facility shall keep a copy of its
withdrawal on file for three years from the date of signature on the notification of its withdrawal.”;
(2) Amend 40 CFR 266.502(g) by adding after “40 CFR part 268” the following: “,
incorporated by reference in Env-Hw 1202”;
(3) Amend 40 CFR 266.502(h) by
adding the following:
“(5) If a returned shipment is accompanied by a
paper manifest or an electronic manifest that was printed for the healthcare facility’s signature, submit a copy of the signed
manifest to the department within 5 days of receipt of the returned shipment.”;
(4) Amend 40 CFR 266.502(i) by
adding the following:
“(4) A healthcare facility shall be subject to the
quarterly reporting requirements of Env-Hw 512.02 with respect to
non-creditable hazardous waste pharmaceuticals.”;
(5) Amend 40 CFR 266.502(j)(1) to read as follows:
“(1) A healthcare facility shall keep a copy of
each manifest signed in accordance with Env-Hw 510.02 and each signed copy from
the designated facility that received the non-creditable hazardous waste
pharmaceuticals for three years from the date of signature by the healthcare
facility. A healthcare facility may rely on the electronic manifest system to
satisfy manifest recordkeeping requirements only if the healthcare facility has
registered in the electronic manifest system and has established access to
manifest records stored therein, except as follows:
(i) For shipments using an
electronic manifest that was printed for the healthcare facility’s signature, the healthcare facility shall retain the paper copy of the electronic
manifest with the healthcare facility’s signature for three years from the date
of signature by the healthcare facility.
(ii) For shipments using a paper manifest, a healthcare
facility who has registered in the electronic manifest system shall retain the copy of the manifest signed
in accordance with Env-Hw 510.02 until such time as the healthcare facility
verifies, in the electronic manifest system, receipt of the shipment by the designated
facility.”;
(6) Amend 40 CFR 266.502(j)(3) by replacing “§ 262.11(f)” with “Env-Hw 502.01”;
(7) Amend 40 CFR 266.502(l)
paragraph heading by replacing “very small quantity generator” with “small quantity generator”;
(8) Amend 40 CFR 266.502(l) introductory language by replacing “very small
quantity generator under § 262.14” with “small quantity generator under Env-Hw 500”;
and
(9) Amend 40 CFR 266.502(l)(1) by:
a. Replacing “(as defined in § 260.10)” with “(as defined
in Env-Hw 104)”;
b. Replacing “very small quantity generator” with “small
quantity generator”; and
c. Replacing “§ 260.10 of this chapter” with “Env-Hw 104”;
(d) Amend 40 CFR 266.503 as follows:
(1) Amend 40 CFR 266.503(b)
paragraph heading by replacing “very small quantity generator” with “small quantity generator”;
(2) Amend 40 CFR 266.503(b) introductory language by replacing “very small
quantity generator under § 262.14” with “small quantity generator under Env-Hw 500”;
and
(3) Amend 40 CFR 266.503(b)(1) by:
a. Replacing “§ 260.10” with “Env-Hw 104”; and
b. Replacing “very small quantity generator” with “small
quantity generator”;
(e) Amend 40 CFR 266.504 as follows:
(1) Amend 40 CFR 266.504 section heading by replacing “very small quantity
generators” with “small quantity generators”;
(2) Amend 40 CFR 266.504(a), (b) paragraph heading, and (b) introductory language
by replacing “very small quantity generator” with “small quantity generator”;
(3) Amend 40 CFR 266.504(b)(2) to read as follows:
“(2) The small quantity generator healthcare
facility meets the conditions of Env-Hw 501.02(c)(1) and the receiving full
quantity generator meets the conditions in Env-Hw 504.01(f), Env-Hw 504.02(a)(15),
and Env-Hw 509.02(l)”;
(4) Amend 40 CFR 266.504(c) paragraph heading by replacing “very small quantity
generators” with “small quantity generators”;
(5) Amend 40 CFR 266.504(c) by
replacing “very small quantity generator” with “small quantity generator”; and
(6) Amend 40 CFR 266.504(d) to read as follows:
“(d) Long-term care facilities with 20 beds
or fewer. A long-term care facility with 20 beds
or fewer shall determine the applicability of 40 CFR 266
Subpart P in accordance with 40 CFR 266.501, as amended by Env-Hw 1302.02(b).”;
(f) Amend 40 CFR 266.505 by replacing “very small
quantity generators operating under § 262.14” with “small quantity generators
operating under Env-Hw 500”;
(g) Amend 40 CFR 266.506(a) introductory language
by replacing “40 CFR parts 262 through 273” with “Env-Hw 300 and Env-Hw 500
through Env-Hw 1300”;
(h) Amend 40 CFR 266.507 as follows:
(1) Amend 40 CFR 266.507(c) by replacing
“defined in § 261.7(b)(1)” with “specified in Env-Hw 401.03(d)(1)”; and
(2) Amend 40 CFR 266.507(d) by replacing
“defined in § 261.7(b)(1) or (2)” with “specified in Env-Hw 401.03(d)(1) or
(2), as applicable”;
(i) Amend 40 CFR 266.508 as follows:
(1) Amend 40 CFR 266.508(a)(2) by
replacing “40 CFR part 262 subpart B” with “Env-Hw 510, Env-Hw 511.02, and
Env-Hw 512.01(a)(1) and (d) through (f)”;
(2) Amend 40 CFR 266.508(a)(2)(i) by replacing “EPA Form 8700–22” with “the
manifest”; and
(3) Amend 40 CFR
266.508(a)(2)(ii) by replacing “write the word “PHARMS” in Item 13 of EPA Form 8700–22” with “write the
word “PHARMS” or “PHRM” in item 13 of the manifest”; and
(j) Amend 40 CFR 266.510 as follows:
(1) Amend 40 CFR 266.510(a)(1) to read as follows:
“(1) Notification. A reverse distributor shall
notify the department that it is a reverse distributer operating under this
subpart, by completing and submitting to the department a notification form obtained from the department that includes the information specified in Env-Hw
504.02(a), as applicable.
(i) A reverse distributor that already has an EPA
identification number shall notify the department, using a
notification form, that it is a reverse distributor, as defined in § 266.500,
within 60 days of the effective date of this subpart, or within 60 days of
becoming subject to this subpart.
(ii) A reverse distributor that does not have an
EPA identification number shall obtain one by notifying the department, using a
notification form, that it is a reverse distributor, as defined in § 266.500,
within 60 days of the effective date of this subpart, or within 60 days of
becoming subject to this subpart.”;
(2) Amend 40 CFR 266.510(a)(7) by
replacing “40 CFR part 262 subpart M” with “Env-Hw 509.02(a)(4) and (a)(5)”;
(3) Amend 40 CFR 266.510(a)(8) by replacing “§ 262.17(a)(8)(ii) and (iii)” with
“Env-Hw 505.04 and Env-Hw 506”;
(4) Amend 40 CFR 266.510(c)(3) by replacing “§ 262.17(a)(7)” with “Env-Hw 509.02(a)(2)”;
(5) Amend 40 CFR 266.510(c)(7) by adding the following: “(v) If a returned
shipment is accompanied by a paper manifest or an electronic manifest that was
printed for the reverse distributor’s signature, submit a copy of the signed
manifest to the department within 5 days of receipt of the returned shipment.”;
(6) Amend 40 CFR 266.510(c)(8) by adding after “40 CFR part 268” the following
words: “, incorporated by reference in Env-Hw 1202”;
(7) Amend 40 CFR 266.510(c)(9) by adding the following: “(iii) A reverse
distributor shall be subject to the quarterly reporting requirements of Env-Hw
512.02 with respect to evaluated hazardous waste pharmaceuticals.”;
(8) Amend 40 CFR
266.510(c)(10)(ii) to read as follows:
“(ii) A reverse distributor shall keep a copy of
each manifest signed in accordance with Env-Hw 510.02 and each signed copy from
the designated facility that received the evaluated hazardous waste pharmaceuticals for 3 years from the date of signature by the
reverse distributor. A reverse distributor may rely on the electronic manifest
system to satisfy manifest recordkeeping requirements only if the reverse
distributor has registered in the electronic manifest system and has
established access to manifest records stored therein, except as follows:
(A) For shipments using an
electronic manifest that was printed for the reverse distributor’s signature, the reverse distributor shall retain the paper copy of the electronic
manifest with the reverse distributor’s signature for 3 years from the date of
signature by the reverse distributor.
(B) For shipments using a paper
manifest, a reverse distributor who has registered in the electronic manifest system shall retain the copy of the manifest with the reverse
distributor’s signature until such time as the reverse distributor verifies, in
the electronic manifest system, receipt of the shipment by the designated
facility.”;
(9) Amend 40 CFR 266.510(c)(10)(v) by replacing “§ 262.17(a)(7)(iv)” with “Env-Hw 509.02(a)(2)”;
and
(10) Amend 40 CFR 266.510(d) introductory language by replacing “40 CFR parts 264,
265, and 267 and the permit requirements of 40 CFR part 270” with “Env-Hw 700
and the permit requirements of Env-Hw 300”.
Source. #13407, eff 7-23-22
Appendix A: State Statutes, Federal
Statutes/Regulations Implemented
Rule Section(s) |
State Statute Implemented |
Federal Statute/Regulation Implemented |
Env-Hw
1300 |
RSA
147-A:3, I-VI; RSA
147-B:7; RSA 147-B:8; RSA
147-B:9; RSA 147-B:11 |
40
CFR 266 Subpart P |
Appendix B: Incorporation
by Reference Information
[none in this Chapter]
Appendix C: State
Statutory Definitions
RSA 147-A:2
III.
“Disposal” means the discharge, deposit, incineration, injection, dumping,
spilling, leaking or placing of any waste into or onto any land or water so
that the waste or any constituent of the waste may enter the environment, be
emitted into the air, or be discharged into any waters, including groundwaters.
IV.
“Facility” means a location at which hazardous waste is subjected to treatment,
storage or disposal and may include a facility where hazardous waste has been
generated.
VI.
“Generator” means any person who owns or operates a facility where hazardous
waste is generated.
VII.
“Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste,
or any combination of these wastes:
(a)
Which, because of either quantity, concentration, or physical, chemical,
or infectious characteristics may:
(1)
Cause or contribute to an increase in mortality or an increase in
irreversible or incapacitating reversible illness; or
(2)
Pose a present or potential threat to human health or the environment
when improperly treated, stored, transported, disposed of or otherwise
mismanaged.
(b) Or
which has been identified as a hazardous waste by the department using the
criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II.
Such wastes include, but are not limited to, those which are reactive, toxic,
corrosive, ignitable, irritants, strong sensitizers or which generate pressure
through decomposition, heat or other means. Such wastes do not include
radioactive substances that are regulated by the Atomic Energy Act of 1954, as
amended, or
household pharmaceutical wastes collected pursuant to RSA 318-E.
VIII.
“Hazardous waste management” means the systematic control of the generation,
collection, sorting, storage, processing, treatment, recovery and disposal of
hazardous waste.
X.
“Manifest” means the form used for identifying the origin, quantity,
composition, routing and destination of hazardous waste.
XI.
“Operator” means any person who, either directly or indirectly, operates or
otherwise controls or directs activities at a facility.
XI-a.
“Owner” means any person who, either directly or indirectly owns a facility.
The term “owner” does not include a person who, without participation in the
management or actual operation of a facility, holds indicia of ownership
primarily to protect a mortgage on real property on which a facility is located
or a security interest in personal property located at the facility.
XII.
“Person” means any individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association, state,
municipality, commission, United States government or any agency thereof,
political subdivision of the state, or any interstate body.
XII-a.
“Spent material” means any material that has been used and, as a result of
contamination, can no longer serve the purpose for which it was produced
without processing.
XIII.
“Storage” means the containment of hazardous wastes, either on a temporary
basis or for a period of years, in such a manner as not to constitute disposal
of the hazardous wastes.
XIV.
"Trade secret'' means any confidential formula, pattern, device or
compilation of information which is used in the employer's business and which
gives him an opportunity to obtain an advantage over competitors who do not
know or use it. A trade secret is known to the employer and those employees to
whom it is necessary to confide it.
XV.
“Transport” means the movement of hazardous wastes from the point of generation
to any intermediate points and, finally, to the point of ultimate storage or
disposal.
XVI.
“Transporter” means any person who transports hazardous waste.
XVII.
“Treatment” means any process, including neutralization, designed to change the
physical, chemical or biological character or composition of any hazardous
waste so as to neutralize the waste or to render the waste not hazardous, safer
for transport, amenable to recovery, amenable to storage or reduced in volume.
XVIII.
“Waste” means any matter consisting of: garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other spent, discarded or abandoned material including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities,
but does not include domestic sewage, irrigation return waters, wastewater
discharges in compliance with applicable state or federal permits, or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended.
RSA
147-B:2
III.
“Facility” means any site, area or location where hazardous waste or hazardous
materials are or have been treated, stored, generated, disposed of, or
otherwise come to be located.
Appendix D:
Federal Definitions and Regulations
40
CFR 260.4
(a) In any case in which the
state in which waste is generated, or the state in which waste will be
transported to a designated facility, requires that the waste be regulated as a
hazardous waste or otherwise be tracked through a hazardous waste manifest, the
designated facility that receives the waste shall, regardless of the state in
which the facility is located:
(1) Complete the facility portion of the
applicable manifest;
(2) Sign and date the facility certification;
(3) Submit to the e-Manifest system a final copy
of the manifest for data processing purposes; and
(4) Pay the appropriate per manifest fee to EPA for
each manifest submitted to the e-Manifest system, subject to the fee
determination methodology, payment methods, dispute procedures, sanctions, and
other fee requirements specified in subpart FF of part 264 of this chapter.
40
CFR 260.5
(a) For purposes of this
section, “state-only regulated waste” means:
(1) A non-RCRA waste that a state regulates more
broadly under its state regulatory program, or
(2) A RCRA hazardous waste that is federally
exempt from manifest requirements, but not exempt from manifest requirements
under state law.
(b) In any case in which a state
requires a RCRA manifest to be used under state law to track the shipment and
transportation of a state-only regulated waste to a receiving facility, the
facility receiving such a waste shipment for management shall:
(1) Comply with the provisions of §§ 264.71 (use
of the manifest) and 264.72 (manifest discrepancies) of this chapter; and
(2) Pay the appropriate per manifest fee to EPA
for each manifest submitted to the e-Manifest system, subject to the fee
determination methodology, payment methods, dispute procedures, sanctions, and
other fee requirements specified in subpart FF of part 264 of this chapter.
40
CFR 260.10
Act or RCRA means the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976,
as amended, 42 U.S.C. section 6901 et seq.
Administrator means the
Administrator of the Environmental Protection Agency, or his designee.
Aerosol can means a
non-refillable receptacle containing a gas compressed, liquefied, or dissolved
under pressure, the sole purpose of which is to expel a liquid, paste, or
powder and fitted with a self-closing release device allowing the contents to
be ejected by the gas.
Aquifer means a geologic formation, group of
formations, or part of a formation capable of yielding a significant amount of
ground water to wells or springs.
Authorized representative means the person
responsible for the overall operation of a facility or an operational unit
(i.e., part of a facility), e.g., the plant manager, superintendent or person
of equivalent responsibility.
Battery means a device consisting of one or more
electrically connected electrochemical cells which is designed to receive,
store, and deliver electric energy. An electrochemical cell is a system
consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or
receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
Boiler means an enclosed device using controlled
flame combustion and having the following characteristics:
(1)(i) The unit must have physical
provisions for recovering and exporting thermal energy in the form of steam,
heated fluids, or heated gases; and
(ii) The unit’s combustion chamber and
primary energy recovery sections(s) must be of integral design. To be of
integral design, the combustion chamber and the primary energy recovery
section(s) (such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion chamber and the
primary energy recovery section(s) are joined only by ducts or connections
carrying flue gas is not integrally designed; however, secondary energy
recovery equipment (such as economizers or air preheaters) need not be
physically formed into the same unit as the combustion chamber and the primary
energy recovery section. The following units are not precluded from being
boilers solely because they are not of integral design: process heaters (units
that transfer energy directly to a process stream), and fluidized bed
combustion units; and
(iii)
While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(iv)
The unit must export and utilize at least 75 percent of the recovered
energy, calculated on an annual basis. In this calculation, no credit shall be
given for recovered heat used internally in the same unit. (Examples of
internal use are the preheating of fuel or combustion air, and the driving of
induced or forced draft fans or feedwater pumps); or
(2)
The unit is one which the Regional Administrator has determined, on a
case-by-case basis, to be a boiler, after considering the standards in §
260.32.
Certification means a statement
of professional opinion based upon knowledge and belief.
Confined aquifer means an aquifer
bounded above and below by impermeable beds or by beds of distinctly lower
permeability than that of the aquifer itself; an aquifer containing confined
ground water.
Container means any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
Containment building means a hazardous waste management unit that
is used to store or treat hazardous waste under the provisions of subpart DD of
parts 264 or 265 of this chapter.
Contingency plan means a document setting out an organized,
planned, and coordinated course of action to be followed in case of a fire,
explosion, or release of hazardous waste or hazardous waste constituents which
could threaten human health or the environment.
Dike means an embankment or ridge of either natural or man-made materials
used to prevent the movement of liquids, sludges, solids, or other materials.
Drip pad is an engineered structure consisting of a curbed, free-draining base,
constructed of non-earthen materials and designed to convey preservative
kick-back or drippage from treated wood, precipitation, and surface water
run-on to an associated collection system at wood preserving plants.
Electronic manifest (or e-Manifest) means the electronic format
of the hazardous waste manifest that is obtained from EPA’s national e-Manifest
system and transmitted electronically to the system, and that is the legal
equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).
Electronic Manifest System (or e-Manifest System) means EPA’s national
information technology system through which the electronic manifest may be
obtained, completed, transmitted, and distributed to users of the electronic
manifest and to regulatory agencies.
Explosives or munitions emergency means a situation involving the suspected or
detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other potentially
explosive material or device, or other potentially harmful military chemical
munitions or device, that creates an actual or potential imminent threat to
human health, including safety, or the environment, including property, as
determined by an explosives or munitions emergency response specialist. Such
situations may require immediate and expeditious action by an explosives or
munitions emergency response specialist to control, mitigate, or eliminate the
threat.
Explosives or munitions emergency response means all immediate response activities by an
explosives and munitions emergency response specialist to control, mitigate, or
eliminate the actual or potential threat encountered during an explosives or
munitions emergency. An explosives or munitions emergency response may include
in place render-safe procedures, treatment or destruction of the explosives or
munitions and/or transporting those items to another location to be rendered
safe, treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA facilities.
Explosives or munitions emergency response
specialist means an
individual trained in chemical or conventional munitions or explosives
handling, transportation, render-safe procedures, or destruction techniques.
Explosives or munitions emergency response specialists include Department of
Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort
unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal,
State, or local government, or civilian personnel similarly trained in
explosives or munitions emergency responses.
Free liquids means liquids which readily separate from the
solid portion of a waste under ambient temperature and pressure.
Ground water means water below the land surface in a zone
of saturation.
Incompatible waste means a hazardous waste which is unsuitable
for:
(1) Placement in a particular device or facility
because it may cause corrosion or decay of containment materials (e.g., container
inner liners or tank walls); or
(2)
Commingling with another waste or material under uncontrolled conditions
because the commingling might produce heat or pressure, fire or explosion,
violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or
gases.
(See appendix V of parts 264 and 265 of this
chapter for examples.)
Injection well means a well into which fluids are injected.
(See also “underground injection”.)
Inner liner means a continuous layer of material placed
inside a tank or container which protects the construction materials of the
tank or container from the contained waste or reagents used to treat the waste.
International shipment means the transportation of hazardous waste
into or out of the jurisdiction of the United States.
Lamp, also referred to as “universal waste lamp”, is defined as the bulb or
tube portion of an electric lighting device. A lamp is specifically designed to
produce radiant energy, most often in the ultraviolet, visible, and infra-red
regions of the electromagnetic spectrum. Examples of common universal waste
electric lamps include, but are not limited to, fluorescent, high intensity
discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
Land treatment facility means a facility or part of a facility at
which hazardous waste is applied onto or incorporated into the soil surface;
such facilities are disposal facilities if the waste will remain after closure.
Leachate means any liquid, including any suspended components in the liquid, that
has percolated through or drained from hazardous waste.
Liner means a continuous layer of natural or man-made materials, beneath or
on the sides of a surface impoundment, landfill, or landfill cell, which
restricts the downward or lateral escape of hazardous waste, hazardous waste
constituents, or leachate.
Military munitions means all ammunition products and components
produced or used by or for the U.S. Department of Defense or the U.S. Armed
Services for national defense and security, including military munitions under
the control of the Department of Defense, the U.S. Coast Guard, the U.S.
Department of Energy (DOE), and National Guard personnel. The term military
munitions includes: confined gaseous, liquid, and solid propellants,
explosives, pyrotechnics, chemical and riot control agents, smokes, and
incendiaries used by DOD components, including bulk explosives and chemical
warfare agents, chemical munitions, rockets, guided and ballistic missiles,
bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition,
grenades, mines, torpedoes, depth charges, cluster munitions and dispensers,
demolition charges, and devices and components thereof. Military munitions do
not include wholly inert items, improvised explosive devices, and nuclear
weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear
components of nuclear devices, managed under DOE’s nuclear weapons program
after all required sanitization operations under the Atomic Energy Act of 1954,
as amended, have been completed.
Mining overburden returned to the mine site means any material overlying an economic
mineral deposit which is removed to gain access to that deposit and is then
used for reclamation of a surface mine.
On-site means the same or geographically contiguous property which may be
divided by public or private right-of-way, provided the entrance and exit
between the properties is at a cross-roads intersection, and access is by
crossing as opposed to going along, the right-of-way. Non-contiguous properties
owned by the same person but connected by a right-of-way which he controls and
to which the public does not have access, is also considered on-site property.
Pesticide means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, or intended for use as a plant
regulator, defoliant, or desiccant, other than any article that:
(1) Is a new animal drug under FFDCA section
201(w), or
(2) Is an animal drug that has been determined by
regulation of the Secretary of Health and Human Services not to be a new animal
drug, or
(3) Is an animal feed under FFDCA section 201(x)
that bears or contains any substances described by paragraph (1) or (2) of this
definition.
Pile means any non-containerized accumulation of solid, nonflowing hazardous
waste that is used for treatment or storage and that is not a containment
building.
Point source means any discernible, confined, and discrete
conveyance, including, but not limited to any pipe, ditch, channel, tunnel,
conduit, well, discrete fissure, container, rolling stock, concentrated animal
feeding operation, or vessel or other floating craft, from which pollutants are
or may be discharged. This term does not include return flows from irrigated
agriculture.
Recognized trader means a person domiciled in the United
States, by site of business, who acts to arrange and facilitate transboundary
movements of wastes destined for recovery or disposal operations, either by
purchasing from and subsequently selling to United States and foreign
facilities, or by acting under arrangements with a United States waste facility
to arrange for the export or import of the wastes.
Representative sample means a sample of a universe or whole (e.g.,
waste pile, lagoon, ground water) which can be expected to exhibit the average
properties of the universe or whole.
Run-off means any rainwater, leachate, or other liquid that drains over land
from any part of a facility.
Run-on means any rainwater, leachate, or other liquid that drains over land
onto any part of a facility.
Sludge means any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
State means any of the several States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Surface impoundment or impoundment means a facility or
part of a facility which is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials (although it may
be lined with man-made materials), which is designed to hold an accumulation of
liquid wastes or wastes containing free liquids, and which is not an injection
well. Examples of surface impoundments are holding, storage, settling, and
aeration pits, ponds, and lagoons.
Tank means a stationary device, designed to contain an accumulation of
hazardous waste which is constructed primarily of non-earthen materials (e.g.,
wood, concrete, steel, plastic) which provide structural support.
Tank system means a hazardous waste storage or treatment
tank and its associated ancillary equipment and containment system.
Totally enclosed treatment facility means a facility for the treatment of
hazardous waste which is directly connected to an industrial production process
and which is constructed and operated in a manner which prevents the release of
any hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transport vehicle means a motor vehicle or rail car used for
the transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
Transportation means the movement of hazardous waste by air,
rail, highway, or water.
Treatability Study means a study in
which a hazardous waste is subjected to a treatment process to determine: (1)
Whether the waste is amenable to the treatment process, (2) what pretreatment
(if any) is required, (3) the optimal process conditions needed to achieve the
desired treatment, (4) the efficiency of a treatment process for a specific
waste or wastes, or (5) the characteristics and volumes of residuals from a
particular treatment process. Also included in this definition for the purpose
of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and
other material compatibility studies and toxicological and health effects
studies. A ‘‘treatability study’’ is not a means to commercially treat or
dispose of hazardous waste.
United States means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
Universal Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
Vessel includes every description of watercraft, used or capable of being used
as a means of transportation on the water.
Wipe means a woven or non-woven shop towel, rag,
pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other
material.
40
CFR 261.1(c)(3)
A “by-product” is a material that is not one
of the primary products of a production process and is not solely or separately
produced by the production process. Examples are process residues such as slags
or distillation column bottoms. The term does not include a co-product that is
produced for the general public’s use and is ordinarily used in the form it is
produced by the process.
40
CFR 261.1(c)(6)
“Scrap metal” is bits and pieces of metal
parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be
combined together with bolts or soldering (e.g., radiators, scrap automobiles,
railroad box cars), which when worn or superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded scrap metal” is processed scrap
metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
40
CFR 261.1(c)(10)
“Processed scrap metal” is scrap metal which
has been manually or physically altered to either separate it into distinct
materials to enhance economic value or to improve the handling of materials.
Processed scrap metal includes, but is not limited to scrap metal which has
been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or
separated by metal type (i.e., sorted), and, fines, drosses and related
materials which have been agglomerated. (Note: shredded circuit boards being
sent for recycling are not considered processed scrap metal. They are covered
under the exclusion from the definition of solid waste for shredded circuit
boards being recycled (§ 261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home scrap metal” is scrap metal as
generated by steel mills, foundries, and refineries such as turnings, cuttings,
punchings, and borings.
40 CFR 261.1(c)(12)
“Prompt scrap metal” is scrap metal as
generated by the metal working/fabrication industries and includes such scrap
metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known
as industrial or new scrap metal.
40
CFR 261.4(a)(1)(ii)
“Domestic Sewage” means untreated sanitary
wastes that pass through a sewer system.
40
CFR 262.81
EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the
exporter documenting the specific terms of the country of import’s consent and
the country(ies) of transit’s consent(s). The AOC meets the definition of an
export license in U.S. Census Bureau regulations 15 CFR 30.1.
Exporter, also known as primary exporter on the RCRA hazardous waste manifest,
means the person domiciled in the United States who is required to originate
the movement document in accordance with § 262.83(d) or the manifest for a
shipment of hazardous waste in accordance with subpart B of this part, or
equivalent State provision, which specifies a foreign receiving facility as the
facility to which the hazardous wastes will be sent, or any recognized trader
who proposes export of the hazardous wastes for recovery or disposal operations
in the country of import.
Importer means the person to whom possession or other
form of legal control of the hazardous waste is assigned at the time the
imported hazardous waste is received in the United States.
40 CFR 266.500
Evaluated hazardous waste pharmaceutical means a prescription hazardous waste
pharmaceutical that has been evaluated by a reverse distributor in accordance
with § 266.510(a)(3) and will not be sent to another reverse distributor for
further evaluation or verification of manufacture credit.
Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste,
as defined in § 261.2, and exhibits one or more characteristics identified in
part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a
solid waste, as defined in § 261.2, and therefore not a hazardous waste
pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for
its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary
supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and
therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation
of being legitimately used/reused (e.g., lawfully redistributed for its
intended purpose) or reclaimed.
Healthcare facility means any person that is lawfully authorized
to—
(1) Provide preventative, diagnostic, therapeutic,
rehabilitative, maintenance or palliative care, and counseling, service,
assessment or procedure with respect to the physical or mental condition, or
functional status, of a human or animal or that affects the structure or
function of the human or animal body; or
(2) Distribute, sell, or dispense
pharmaceuticals, including over-the-counter pharmaceuticals, dietary
supplements, homeopathic drugs, or prescription pharmaceuticals. This
definition includes, but is not limited to, wholesale distributors, third-party
logistics providers that serve as forward distributors, military medical
logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
centers, health clinics, physicians’ offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services, pharmacies,
long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical
manufacturers, reverse distributors, or reverse logistics centers.
Long-term care facility means a licensed entity that provides
assistance with activities of daily living, including managing and
administering pharmaceuticals to one or more individuals at the facility. This
definition includes, but is not limited to, hospice facilities, nursing
facilities, skilled nursing facilities, and the nursing and skilled nursing
care portions of continuing care retirement communities. Not included within
the scope of this definition are group homes, independent living communities,
assisted living facilities, and the independent and assisted living portions of
continuing care retirement communities.
Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste
pharmaceutical that does not have a reasonable expectation to be eligible for
manufacturer credit or a nonprescription hazardous waste pharmaceutical that
does not have a reasonable expectation to be legitimately used/reused or reclaimed.
This includes but is not limited to, investigational drugs, free samples of
pharmaceuticals received by healthcare facilities, residues of pharmaceuticals
remaining in empty containers, contaminated personal protective equipment,
floor sweepings, and clean-up material from the spills of pharmaceuticals.
Pharmaceutical means any drug or dietary supplement for use
by humans or other animals; any electronic nicotine delivery system (e.g.,
electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged
for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials). This definition includes, but is not limited
to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act;
prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs;
homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals
remaining in non-empty containers; personal protective equipment contaminated
with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This
definition does not include dental amalgam or sharps.
Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste
pharmaceutical that has a reasonable expectation to receive manufacturer credit
and is—
(1) In original manufacturer packaging (except
pharmaceuticals that were subject to a recall);
(2) Undispensed; and
(3) Unexpired or less than one year past
expiration date. The term does not include evaluated hazardous waste pharmaceuticals
or nonprescription pharmaceuticals including, but not limited to,
over-the-counter drugs, homeopathic drugs, and dietary supplements.
Reverse distributor means any person that receives and
accumulates prescription pharmaceuticals that are potentially creditable
hazardous waste pharmaceuticals for the purpose of facilitating or verifying
manufacturer credit. Any person, including forward distributors, third-party
logistics providers, and pharmaceutical manufacturers, that processes prescription
pharmaceuticals for the facilitation or verification of manufacturer credit is considered
a reverse distributor.
40
CFR 268.2(c)
Land disposal means placement
in or on the land, except in a corrective action management unit or staging
pile, and includes, but is not limited to, placement in a landfill, surface
impoundment, waste pile, injection well, land treatment facility, salt dome
formation, salt bed formation, underground mine or cave, or placement in a
concrete vault, or bunker intended for disposal purposes.
40 CFR 270.2
Site means the land or water area where any facility or activity is
physically located or conducted, including adjacent land used in connection
with the facility or activity.
40 CFR 273.2(c)(2)
An unused battery becomes a waste on the date
the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in paragraph
(a)(1) of this section becomes a waste on the first date on which both of the
following conditions apply:
(i)
The generator of the recalled pesticide agrees to participate in the recall;
and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described in
paragraph (a)(2) of this section becomes a waste on the date the generator
decides to discard it.
40 CFR 273.4(c)(2)
Unused mercury-containing equipment becomes a
waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the date
the handler decides to discard it.
40 CFR
273.6(c)(2)
An
unused aerosol can becomes a waste on the date the handler decides to discard
it.
40 CFR 273.13(e)(4)(i)
Conduct puncturing and draining
activities using a device specifically designed to safely puncture aerosol cans
and effectively contain the residual contents and any emissions thereof.
40 CFR 273.33(c)(2)
A large quantity handler of universal waste
may remove mercury-containing ampules from universal waste mercury-containing
equipment provided the handler:
(i)
Removes and manages the ampules in a manner designed to prevent breakage of the
ampules;
(ii)
Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury
released from an ampule in case of breakage);
(iii)
Ensures that a mercury clean-up system is readily available to immediately
transfer any mercury resulting from spills or leaks of broken ampules from that
containment device to a container that is subject to all applicable
requirements of 40 CFR parts 260 through 272;
(iv)
Immediately transfers any mercury resulting from spills or leaks from broken
ampules from the containment device to a container is subject to all applicable
requirements of 40 CFR parts 260 through 272;
(v)
Ensures that the area in which ampules are removed is well ventilated and
monitored to ensure compliance with applicable OSHA exposure levels for
mercury;
(vi)
Ensures that employees removing ampules are thoroughly familiar with proper
waste mercury handling and emergency procedures, including transfer of mercury
from containment devices to appropriate containers;
(vii)
Stores removed ampules in closed, non-leaking containers that are in good
condition;
(viii)
Packs removed ampules in the container with packing materials adequate to
prevent breakage during storage, handling, and transportation;
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 |