CHAPTER
Env-Hw 600 REQUIREMENTS FOR HAZARDOUS
WASTE TRANSPORTERS
Statutory
Authority: RSA 147-A:3
REVISION NOTE #1:
Document
#9367, effective 1-28-09, readopted with amendments and redesignated the former
Chapter Env-Wm 600 as Env-Hw 600. The
redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
Document #9367 replaced all prior filings for hazardous waste rules
formerly in Chapter Env-Wm 600. The
numerals of the rules remained unchanged, and the source note information for
the rules under Document #9367 refer to those same numbers under the subtitle
Env-Wm.
REVISION NOTE #2:
Document #12922, effective 11-23-19,
readopted with amendments, repealed, or amended various rules in Chapter Env-Hw
600. Rule Env-Hw 609.01 titled
“Registration Process” was amended. The
following rules in Chapter Env-Hw 600 were readopted with amendments:
Env-Hw 601.01 Applicability.
Env-Hw 602.01 Transporter Registration Requirements.
Env-Hw 603.01 Packaging, Labeling, and Placarding.
Env-Hw 604.01 General Manifest Requirements.
Env-Hw 606.01 Requirements for Delivery.
Env-Hw 607.01 Recordkeeping.
Env-Hw 608.03 Waiver of Manifest, Permit, and
Registration Requirements for
Emergency Response.
Document #12922 repealed the following
rules in Chapter Env-Hw 600:
Env-Hw
604.02 Changes to Manifests.
Env-Hw
604.03 Rail and Water Shipments.
Env-Hw
604.04 International Shipments.
Env-Hw
606.02 Inability to Deliver.
Env-Hw
607.03 Rail and Water Shipments.
Env-Hw
607.04 Export Shipments.
Env-Hw
607.05 Retention of Records During
Enforcement Actions.
PART
Env-Hw 601 APPLICABILITY AND EXEMPTIONS
Env-Hw 601.01 Applicability.
(a)
This chapter shall apply to all persons transporting hazardous wastes
within or through New Hampshire, including hazardous waste destined for
recycling, and to all persons transporting hazardous waste that is being
imported from or exported to any other country for purposes of recovery or
disposal.
(b)
A transporter also shall comply with:
(1) Generator requirements of Env-Hw 500, if the
transporter:
a. Transports hazardous waste into the United
States from abroad; or
b. Mixes hazardous wastes of different US DOT
shipping descriptions by placing them into a single container;
(2) Transfer facility requirements of Env-Hw 300
and Env-Hw 700, if the transporter operates a transfer facility as defined in
Env-Hw 104;
(3) Storage facility requirements of Env-Hw 300
and Env-Hw 700, if the transporter stores hazardous waste in
excess of 10 days;
(4) Applicable rules adopted by the New Hampshire
department of safety; and
(5) Applicable requirements of 40 CFR 262 Subpart
H, including, but not limited to, requirements for movement documents for
importing and exporting hazardous waste.
(c)
This chapter shall apply to the transportation of military munitions
classified as solid waste under 40 CFR 266.202 only to the extent specified in
40 CFR 266.203.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922,
eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)
Env-Hw 601.02 Exemptions.
(a)
This chapter shall not apply to the on-site transportation of hazardous
wastes by generators or by owners or operators of permitted hazardous waste
facilities.
(b)
This chapter shall not apply to small quantity generators who
self-transport 55 gallons or less of their own hazardous waste provided that:
(1) The waste is transported in:
a. Containers meeting the US DOT specifications
for hazardous materials; and
b. Full, sealed, labeled containers that are
compatible with the waste;
(2) Except as provided in Env-Hw 501.02(c)(1), all
manifest requirements of Env-Hw 510 and Env-Hw 604 are met;
(3) The generator has a mechanism for financial
responsibility in not less than the following amounts:
a. For bodily injury or death of each person in
any one accident, $50,000; and
b. For loss or damage in any one accident to the
property of others, $50,000; and
(4) Except as provided in Env-Hw 511.01(f), the
waste is transported to a facility authorized under the destination state’s
rules to handle the hazardous waste.
(c)
This chapter shall not apply to government entities that accumulate
household hazardous waste and transport this waste in accordance with Env-Hw
501.02(b).
(d)
This chapter shall not apply to universal waste handlers and universal
waste transporters transporting universal waste, provided that the waste is
managed in accordance with Env-Hw 1100.
(e)
This chapter shall not apply to transportation during an explosives or
munitions emergency response conducted 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.
(f)
This chapter shall not apply to 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, who self-transports hazardous waste
pharmaceuticals as specified in Env-Hw 511.01(g).
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #13406,
eff 7-23-22
PART
Env-Hw 602 TRANSPORTER REGISTRATION AND
NOTIFICATION
Env-Hw 602.01 Transporter Registration Requirements. No
person shall transport hazardous waste into or within the state of New
Hampshire without having a transporter registration issued by the department in
accordance with Env-Hw 609.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922,
eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)
Env-Hw 602.02 Notification; EPA Identification Number.
(a)
A hazardous waste transporter who operates from a New Hampshire location
shall notify the department prior to conducting any hazardous waste activities
covered under the hazardous waste rules.
(b)
Subject to (c), below, a transporter that has not previously notified
the department shall do so within 30 days of the effective date of any
statutory or regulatory amendments that require the transporter to be registered
as a New Hampshire hazardous waste transporter.
(c)
If a statute sets a different deadline for notification, the statutory
deadline shall control.
(d)
A transporter shall not transport hazardous wastes without having received
an EPA identification number from the department, another state, or EPA.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
#1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348,
eff 8-14-17 (formerly Env-Hw 603.01) (See Revision
Note at part heading for Env-Hw 603)
Env-Hw 602.03 Notification Requirements.
(a)
The notification required by Env-Hw 602.02 shall be given by completing
and submitting to the department a notification form obtained from the
department, that includes the following:
(1) The information specified in Env-Hw
504.02(a), as applicable;
(2) Whether the transporter proposes to operate a
transfer facility at the site; and
(3) A statement signed by the transporter’s
authorized representative certifying, as specified in Env-Hw 207, the
information provided on the notification form.
(b)
A transporter shall notify the department in writing of any changes to
the information required by (a), above, within 30 days of such a 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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.02) (See Revision Note at
part heading for
Env-Hw 603)
Env-Hw 602.04 Notification Determination.
(a)
If the department, upon examination of a notification submitted as
specified in Env-Hw 602.03, determines that the transporter has not provided all of the information required by Env-Hw 602.03, the
department shall notify the transporter in writing of each deficiency.
(b)
The transporter shall, no later than 30 days from receipt of the notice
of deficiency, explain or correct the alleged deficiency.
(c)
If the transporter does not respond within 30 days, the transporter
shall submit a new notification prior to engaging in any regulated hazardous
waste activities.
(d)
If a transporter's notification is deemed complete, the department shall
assign an EPA identification number to the transporter.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.03) (See Revision Note at
part heading for
Env-Hw 603)
PART
Env-Hw 603 REQUIREMENTS FOR SAFETY AND
FOR IDENTIFYING WASTES AND VEHICLES
REVISION NOTE:
Document
#12348, effective 8-14-17, readopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 600. Document #12347 replaced all prior filings
for hazardous waste rules formerly in Chapter Env-Hw 600.
Document
#12348 made extensive changes to the existing rules in the former Part Env-Hw
603. These included the amendment of
paragraphs (a) and (b) in Env-Hw 603.04 titled “EPA Identification Number” and
insertion, respectively, as paragraph (d) in Env-Hw 602.02 titled
“Notification; EPA Identification Number” and paragraph (d) in Env-Hw 602.04
titled “Notification Determination”. The
former Env-Hw 603.07 titled “Department of Safety Rules” was repealed and
inserted as subparagraph (b)(4) in Env-Hw 601.01 titled “Applicability.” Document #12348 also extensively renumbered
rules in the former Part Env-Hw 603, including renumbering of certain rules
from Env-Hw 603 as rules in Env-Hw 602.
The former rule numbers are indicated in the source notes for rules in
Env-Hw 602 and Env-Hw 603.
The
filings for the former rules Env-Hw 603.04 and Env-Hw 603.07 prior to Document
#12348 include the following documents:
#5053,
eff 1-24-91
#5886,
eff 8-26-94
#7333,
eff 8-1-00
#9215, INTERIM, eff 8-1-08
#9367, eff 1-28-09
See
the Revision Note #1 at the chapter heading for Env-Hw 600 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 600 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 #12348, effective 8-14-17.
Env-Hw 603.01 Packaging, Labeling, and Placarding.
(a)
A transporter shall package and label all hazardous waste before and
during shipment in accordance with (c) and (d), below, and Saf-C
600.
(b)
A transporter shall comply with the packaging standards in Saf-C 600 if:
(1) A hazardous waste is removed from its
container and placed in another container; or
(2) Additional hazardous waste is added to a
container.
(c)
Prior to and during transportation, the transporter shall ensure that
each container is labeled and clearly marked with:
(1) The words “Hazardous Waste”;
(2) All applicable EPA and NH hazardous waste
numbers; and
(3) All applicable US DOT required information as
set forth in 49 CFR Part 172.
(d)
If a label is destroyed or mutilated, if hazardous waste is removed from
its container, or if additional hazardous waste is added to the containers, the
transporter shall remove or obliterate all previous labels and, as appropriate:
(1) Replace the label with a duplicate label; or
(2) Attach a label stating information pertaining
to the hazardous waste now contained in that container.
(e)
A transporter shall placard each vehicle with an appropriate warning of
the hazardous waste contained therein as set forth in Saf-C
600.
(f)
A tank, barrel, drum, or other packaging of hazardous waste that is not
a part of a vehicle shall be secured against movement within the vehicle on
which it is being transported.
(g) A transporter shall ensure that all
containers of hazardous waste are sealed prior to and during transport.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly
Env-Hw 603.05) (See Revision Note at part heading for Env-Hw 603); ss by
#12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)
Env-Hw 603.02 Vehicle Identification.
(a)
A transporter shall display the following on both sides of each power or
waste carrying unit used to transport hazardous waste:
(1) The name of the transporter’s company,
corporation, association, or proprietorship;
(2) The city and state where the transporter’s
business office is located; and
(3) The transporter’s registration number.
(b)
The information required by (a), above, shall be in lettering that:
(1) Is permanent and legible; and
(2) Contrasts with the background.
(c)
For (a)(1) and (3), above, the lettering shall be a minimum of 3 inches
high.
(d) When a vessel or vehicle that has
been registered and marked changes ownership, the registrant shall permanently
remove the name and transporter registration number from both sides of all
power and waste carrying units being transferred prior to or upon transfer.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.06) (See Revision Note at
part heading for
Env-Hw 603)
Env-Hw 603.03 Security.
(a)
A transporter shall secure all loads of hazardous waste when left
unattended so as to minimize access by unauthorized individuals.
(b)
Vehicles on which the cargo carrying portion can be closed and locked
shall be closed and locked whenever the vehicle is left unattended.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.08) (See Revision Note at
part heading for
Env-Hw 603)
Env-Hw 603.04 Personnel Training. A transporter shall comply with the training
requirements specified in 49 CFR Part 172 Subpart H.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.09)
(See Revision Note at part heading for Env-Hw 603)
Env-Hw 603.05 Contingency Plan and Emergency Procedures.
(a)
A transporter shall maintain a written current contingency plan and
emergency procedures, as specified in (b), below, in each transport vehicle.
(b)
The contingency plan and emergency procedures shall include the
following information:
(1) A brief description of the actions the transporter
will take in the event of a fire, explosion, or discharge of hazardous waste to
the air, soil, or surface water;
(2) Names, addresses, and home and office
telephone numbers of all persons employed by the transporter who are qualified
to act as emergency coordinator;
(3) Telephone number of the department’s
emergency response team, as listed in Appendix E, Monday through Friday, 8:00
a.m. to 4:00 p.m.; and
(4) Telephone number of the New Hampshire state
police headquarters communications unit, as listed in Appendix E, 24 hours per
day.
Source.
#7333, eff 8-1-00; amd by #7578, eff 10-13-01;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205,
eff 10-19-12; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.10) (See Revision
Note at part heading for Env-Hw 603)
Env-Hw 603.06 Preparedness and Prevention. A transporter shall:
(a)
Comply with the preparedness and prevention requirements specified in 40
CFR Part 265 Subpart C if hazardous waste is stored in New Hampshire by the
transporter for more than 24 hours; and
(b)
Notify local emergency officials that hazardous waste is being stored in
New Hampshire for greater than 24 hours.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.11)
(See Revision Note at part heading for Env-Hw 603)
Env-Hw 603.07 Financial
Responsibility. A transporter shall meet the financial responsibility
requirements of 49 CFR 387.9.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.12)
(See Revision Note at part heading for Env-Hw 603)
Env-Hw 603.08 Vehicle and Vessel Requirements. A transporter shall carry in each vehicle and
with each vessel:
(a)
A copy of the transporter’s valid registration or registration
confirmation letter, which shall be displayed and surrendered for examination
upon request of any peace officer or department official or employee;
(b)
A copy of the contingency plan and emergency procedures specified in
Env-Hw 603.05; and
(c)
Spill control equipment such as absorbent granular product or absorbent
rags.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 609.06)
(See Revision Note at part heading for Env-Hw 603)
PART
Env-Hw 604 MANIFESTS
Env-Hw 604.01 General Manifest Requirements.
(a)
Except as provided in Env-Hw 510.01(b) and subject to (c) and (d),
below, a transporter shall comply with the manifest requirements of 40 CFR
263.20(a) through (g).
(b)
A transporter shall verify that the generator EPA identification number
on the manifest is valid for the transportation of the hazardous waste listed
on the manifest.
(c)
When transporting hazardous waste as authorized by Env-Hw 510.01(b), a
transporter 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)
The export requirements of 40 CFR 263.20(a)(2) shall not apply to
NH-only wastes.
(e)
Electronic manifest signatures shall meet the criteria described in 40
CFR 263.25.
(f)
If a transporter makes a post-receipt manifest data correction pursuant
to 40 CFR 263.20(a)(9) that pertains to a shipment that was accompanied by a
paper manifest or a manifest that was printed for the generator’s signature,
the transporter shall notify the generator of the correction.
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 #1 at chapter heading for Env-Hw 600) ss by #9367, eff
1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; ss by #12922,
eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)
PART
Env-Hw 605 RECEIPT OF LIQUID HAZARDOUS
WASTE
Env-Hw 605.01 Requirements for Receipt of Liquid
Hazardous Waste. Notwithstanding any
other requirements of this chapter, when liquid hazardous waste is transferred
to a tank on a transport vehicle, the transporter shall:
(a)
Measure, by metering, sticking, or weighing, the amount of liquid
hazardous waste collected and transferred to the tank; and
(b)
Record the amount of hazardous waste measured on the accompanying
manifest.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17
PART
Env-Hw 606 DELIVERY
Env-Hw 606.01 Requirements for Delivery. A transporter shall comply with 40 CFR 263.21
with regard to compliance with the manifest.
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 #1 at chapter heading for Env-Hw 600) ss by #9367,
eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See
Revision Note #2 at chapter heading for Env-Hw 600)
PART
Env-Hw 607 RECORDKEEPING AND REPORTING
Env-Hw 607.01 Recordkeeping.
(a)
A transporter shall comply with the recordkeeping requirements of 40 CFR
263.22.
(b)
Manifests may be retained on electronic media if available during
inspection by the department.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922,
eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)
Env-Hw 607.02 Annual Reporting for Transporting Used Oil. A registered transporter who transports used
oil pursuant to Env-Hw 807.07 shall meet the annual reporting requirements of
Env-Hw 807.07(e) through (h) for the used oil transportation activities.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6385-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09;
ss by #12348, eff 8-14-17
PART
Env-Hw 608 EMERGENCY ACTION/REMEDIAL
ACTION
Env-Hw 608.01 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 transporter shall report the discharge:
(1) Immediately, not to exceed one hour from the
discovery of the release; and
(2) To local emergency officials and to:
a. The department’s emergency response team at
the telephone number listed in Appendix E, Monday through Friday, 8:00
a.m. to 4:00 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)
A transporter who has discharged hazardous waste also shall comply with
all other applicable requirements of 40 CFR 263.30(c) or (d), including
providing any required reports and notifications.
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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348,
eff 8-14-17
Env-Hw 608.02 Discharge Cleanup.
(a)
A transporter shall immediately contain and clean up, within 24 hours,
any discharge of hazardous waste or material that when discharged becomes a
hazardous waste, if that discharge occurs while the
hazardous waste or material is under the control of the transporter.
(b)
If the hazardous waste discharge cannot be or is not cleaned up within
24 hours, the transporter shall submit within 5 days of the discharge 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.
(d)
The department shall review the proposed cleanup plan and approve it if
it determines that the cleanup plan meets the criteria set forth in (c), above.
(e)
The transporter shall implement the cleanup plan as approved by the
department pursuant to (d), above.
(f)
To minimize contamination, reduce risk of exposure, and promote more
timely response actions, the transporter may begin discharge response actions
before the cleanup plan is submitted to or approved by the department, provided
the transporter:
(1) Incorporates the self-initiated response
measures into the report submitted to the department pursuant to (g), below;
and
(2) Complies with all other applicable local,
state, and federal requirements.
(g)
Within 30 days of completion of the cleanup, the transporter shall
submit a report to the department detailing the actions taken.
(h)
If the complete cleanup cannot be accomplished in accordance with (b)
through (g), above, the transporter shall submit a scope of work proposal for a
site investigation 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 #1 at chapter heading for
Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17
Env-Hw 608.03 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; ss 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 #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09;
ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See
Revision Note #2 at chapter heading for Env-Hw 600)
PART
Env-Hw 609 REGISTRATION OF HAZARDOUS
WASTE TRANSPORTERS
Env-Hw 609.01 Registration Process.
(a)
An applicant for a transporter registration shall provide the following
information on a “Hazardous Waste Transporter Annual Registration Form”
obtained from the department:
(1) The name, mailing address, and telephone
number of the transporter;
(2) The name, title, and, if available, email
address of the contact person;
(3) The transporter’s US DOT motor carrier census
number or the interstate commerce commission number, and the transporter's EPA
identification number;
(4) Subject to (b), below, the transporter’s U.S.
Research and Special Programs Administration “(RSPA)” registration number, if
applicable; and
(5) A statement signed by the transporter
certifying, as specified in Env-Hw 207, that the transporter:
a. Complies with the financial responsibility
requirements of 49 CFR 387.9; and
b. Has not demonstrated cause for suspension, revocation,
refusal to renew, or denial of registration as specified in Env-Hw 610.02 or
610.03, as applicable.
(b)
In lieu of (a)(4), above, a transporter may provide the hazardous
materials registration number as assigned by the Pipelines and Hazardous
Materials Safety Administration of the US DOT.
(c)
A transporter seeking to renew a transporter registration shall submit
the application on or before May 15 of the year for which registration is
sought.
(d)
If a registration application is incomplete, the department shall return
the application to the applicant and notify the applicant in writing of each
deficiency.
(e)
Except as provided in Env-Hw 609.05, the department shall issue a
transporter registration or a registration confirmation letter if a transporter
has met the requirements of (a) through (c), above.
(f)
A transporter shall provide, upon request of the department, the
following:
(1) The name, address, EPA identification number,
and phone number of the transporter's principal place of business and any
regional offices, if applicable;
(2) The names, addresses, titles, and dates of
birth of all corporate officers and all stockholders owning greater than 10% of
the transporter's outstanding shares or debt equity;
(3) The names of all individuals or business
firms that contract to perform part or all of the
transportation of hazardous waste under the transporter's registration;
(4) For all transportation services provided to
New Hampshire customers in any requested time period in the previous 3 years, a
summary report on a searchable electronic document or other machine
readable file that includes, but is not limited to, the following
information for each shipment of hazardous waste regulated under the hazardous
waste rules:
a. Generator name, site address, city, zip code,
and EPA identification number, if applicable, regardless of generator
classification;
b. Manifest tracking number;
c. Each transporter EPA identification number and
state identification number;
d. Designated facility EPA identification
number, site address, city, state, zip code;
e. For each waste stream, number and type of
containers, total quantity, unit of measure, all applicable EPA and NH
hazardous waste numbers, and management method code;
f. Generator certification date, transporter
signature date, continuing transporter signature date as applicable, and
designated facility signature date;
g. Special handling instructions; and
h. Discrepancy indication.
(5) A description of the transporter's
introductory and continuing personnel training programs as required by 49 CFR
172 Subpart H;
(6) A contingency plan and emergency procedures
plan as required by Env-Hw 603.05;
(7) A copy of the certificate of insurance or
other proof of financial responsibility as required by (a)(5), above;
(8) A list of currently valid hazardous waste
transporter permits or registrations from other states, including the state,
expiration date, and the years held;
(9) Copies of any letters of commendation
received by the transporter;
(10) A list of any other names under which the
company has been known or done business within the past 5 years;
(11) Copies of any notices of violation,
administrative orders, notices of suspension or denial, and civil or criminal
actions completed or pending from or before state or federal agencies;
(12) A list of any pending suits, including any
civil suits in which the company is presently involved as a plaintiff or
defendant;
(13) A list of any environmental permits held by
the transporter that have been revoked or suspended;
(14) Information regarding any convictions or pleas
of guilty or no contest to a felony committed by the transporter or, in the
case of a corporation or business entity, of any of its officers, directors,
partners, or persons or business entities holding 10 percent or more of its
equity or debt liability who has pled guilty or no contest to a felony in any
state or federal court during the 5 years before the date of the registration
by the transporter; and
(15) A signed statement certifying, as specified
in Env-Hw 207, the information provided in (1) through (14).
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
#1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; amd by #12922, eff 11-23-19 (See Revision Note #2 at
chapter heading for Env-Hw 600)
Env-Hw 609.02 Transporter Registration.
(a)
A transporter registration shall:
(1) Not be transferable; and
(2) Expire on the date specified on the
registration.
(b)
Upon a change in ownership or operational control of a transporter, the transporter
registration shall not be transferred to the entity or individual gaining
ownership or operational control.
(c)
For purposes of (b), above, the following events shall constitute a
change in ownership or operational control, as applicable:
(1) For a partnership, a change in the majority 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.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17
Env-Hw 609.03 Registration Modification. A transporter shall notify the department by
providing updated information in writing within 15 days of any of the
following:
(a)
A name change for the transporter;
(b)
A change in physical location or mailing address of the transporter;
(c)
A change of company contact of the transporter;
(d)
A change in telephone number of the transporter; and
(e)
A change in the EPA identification number of the transporter.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17
Env-Hw 609.04 Registration Suspension and Revocation.
(a)
The department shall suspend, revoke, or refuse to renew a transporter’s
registration if the transporter does not demonstrate reliability, expertise, integrity and competence as specified in Env-Hw 610.02.
(b)
Within 30 days of receiving a notice of the department's intent to
suspend or revoke a transporter’s registration, the person identified on the
registration may request an oral hearing before the department. The oral hearing shall be conducted as an
adjudicative proceeding in accordance with the applicable provisions of RSA
541-A and Env-C 200.
(c)
Within 30 days of receipt of a notice of decision by the hearing officer
regarding the suspension or revocation of the transporter’s registration, the
transporter may appeal the decision to the waste management council as
specified in RSA 21-O:14.
(d)
Within 5 days of suspension or revocation, the transporter shall return
all original copies of the registration confirmation letter to the department.
(e)
Within 15 days of suspension or revocation, the transporter shall:
(1) Notify all New Hampshire customers served
during the prior year that it is not authorized to transport hazardous waste;
and
(2) Publish a notice of suspension or revocation,
as applicable, in a newspaper with statewide circulation.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17
Env-Hw 609.05 Registration Denial.
(a)
If an applicant or registrant meets any of the criteria in RSA 147-A:6,
V(d), Env-Hw 610.02, or Env-Hw 610.03, the department shall deny registration.
(b)
If the applicant or registrant wishes to appeal a denial of
registration, the appeal shall be filed with the waste management council as
specified in RSA 21-O:14.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; amd by #10205, eff
10-19-12; ss by #12348, eff 8-14-17
PART
Env-Hw 610 STANDARDS FOR HAZARDOUS WASTE
TRANSPORTERS AND APPLICANTS FOR TRANSPORTER REGISTRATION
Env-Hw 610.01 Background Investigations. The department shall conduct a background investigation
of a registrant or applicant to determine whether the registrant or applicant
has sufficient reliability, expertise, integrity, and competence to transport
hazardous waste in and through New Hampshire.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17
Env-Hw 610.02 Registrant Integrity and Competence. The department shall suspend, revoke, or
refuse to renew a transporter registration if the registrant does not have
sufficient reliability, expertise, integrity, and competence to transport
hazardous waste, as demonstrated by any of the following:
(a)
The registrant transported hazardous waste without possessing a
transporter registration that was current and in good standing;
(b)
The registrant fails to demonstrate compliance with the financial
responsibility requirements of 49 CFR 387.9;
(c)
Issuance of the registration was based on material
false or misleading information;
(d)
The registrant’s activities covered by the registration present an
immediate and substantial threat to human health or the environment;
(e)
The registrant failed to comply with an order issued by the department
or by any state relative to hazardous waste transportation, including an order
to undertake corrective measures, unless the registrant is complying with the
order in accordance with a compliance schedule and is current with all items;
(f)
The registrant failed to comply with an order issued by the department
or by any state relative to a violation of any other statute administered by
the department or by any state, unless the registrant is complying with the
order in accordance with a compliance schedule and is current with all items;
(g)
The registrant owes any administrative fines to the department or to any
state, unless the fines are being paid in accordance with a payment schedule
and the registrant is current with all payments;
(h)
The registrant owes any fees to the department or to any state, unless
the fees are being paid in accordance with a payment schedule and the
registrant is current with all payments;
(i) The registrant owes any civil or criminal
penalties imposed as a result of a judicial action
taken to enforce any statute or rule implemented by the department or by any
state, unless the penalties are being paid in accordance with a payment
schedule and the registrant is current with all payments;
(j)
The registrant failed to comply with any civil or criminal restoration
or restitution order imposed as a result of a judicial
action taken to enforce any statue or rule implemented by the department or by
any state, unless the registrant is complying in accordance with a compliance
schedule and is current with all items; or
(k)
Within 5 years of the renewal registration application date, the
registrant has been the subject of 2 or more administrative or civil
enforcement actions or one criminal enforcement action, that have not been overturned
on appeal, for any violation of:
(1) Any registration or permit issued by the
department or by any state; or
(2) Any statute or rule implemented by the
department or by any state.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17
Env-Hw 610.03 Applicant Integrity
and Competence. The department shall deny a transporter registration if the
applicant does not have sufficient reliability, expertise, integrity, and
competence to transport hazardous waste, as demonstrated by any of the
following:
(a)
The applicant transported hazardous waste without possessing a
transporter registration that was current and in good standing;
(b)
The applicant fails to demonstrate compliance with the financial
responsibility requirements of 49 CFR 387.9;
(c)
The applicant failed to comply with an order issued by the department or
by any state relative to hazardous waste transportation, including an order to
undertake corrective measures, unless the applicant is complying with the order
in accordance with a compliance schedule and is current with all items;
(d)
The applicant failed to comply with an order issued by the department or
by any state relative to a violation of any other statute administered by the
department or any state, unless the applicant is complying with the order in
accordance with a compliance schedule and is current with all items;
(e)
The applicant owes any administrative fines to the department or to any
state, unless the fines are being paid in accordance with a payment schedule
and the applicant is current with all payments;
(f)
The applicant owes any fees to the department or to any state, unless
the fees are being paid in accordance with a payment schedule and the applicant
is current with all payments;
(g)
The applicant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any
statute or rule implemented by the department or by any state, unless the
penalties are being paid in accordance with a payment schedule and the
applicant is current with all payments;
(h)
The applicant failed to comply with any civil or criminal restoration or
restitution order imposed as a result of a judicial action taken to enforce any
statute or rule implemented by the department or by any state, unless the
applicant is complying with the order in accordance with a compliance schedule
and is current with all items; or
(i) Within 5 years of the application date, the
applicant has been the subject of 2 or more administrative or civil enforcement
actions or one criminal enforcement action, that have not been overturned on
appeal, for any violation of:
(1) Any registration or permit issued by the
department or by any state; or
(2) Any statute or rule implemented by the
department or by any state.
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600)
ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17
Appendix
A: State
Statutes, Federal Regulations Implemented
Rule
Section(s) |
State
Statute(s) |
Federal
Regulation(s) |
Env-Hw 600 |
RSA 147-A:3, IV-VIII; RSA 147-A:6 |
40 CFR 261; 40 CFR
263 |
Env-Hw 601 |
RSA 147-A:3, XXV; RSA
147-A:6 |
40 CFR 263.10 |
Env-Hw 602 |
RSA 147-A:3, VIII; RSA
147-A:6 |
40 CFR 263.11 |
Env-Hw 603 |
RSA 147-A:3, IV |
40 CFR 263.10 |
Env-Hw 604 |
RSA 147-A:3, V |
40 CFR 263 Subpart B |
Env-Hw 605 |
RSA 147-A:3, IV |
|
Env-Hw 606 |
RSA 147-A:3, IV, V |
40 CFR 263 Subpart B |
Env-Hw 607 |
RSA 147-A:3, VI |
40 CFR 263 Subpart B |
Env-Hw 608 |
RSA 147-A:3, VII, XXV |
40 CFR 263 Subpart C |
Env-Hw 609 |
RSA 147-A:3, VIII, IX;
RSA 147-A:6 |
|
Env-Hw 610 |
RSA 147-A:3, IX; RSA
147-A:6 |
|
Appendix B: Incorporation by Reference Information
[none in this Chapter]
Appendix
C: State Statutory Definitions
RSA 147-A:2
III. “Disposal” means the discharge,
deposit, incineration, injection, dumping, spilling, leaking or placing of any waste
into or onto any land or water so that the waste or any constituent of the
waste may enter the environment, be emitted into the air, or be discharged into
any waters, including groundwaters.
IV. “Facility” means a location at
which hazardous waste is subjected to treatment, storage or disposal and may
include a facility where hazardous waste has been generated.
VI. “Generator” means any person who
owns or operates a facility where hazardous waste is generated.
VII. “Hazardous waste” means a solid,
semi-solid, liquid or contained gaseous waste, or any combination of these
wastes:
(a) Which, because of either quantity, concentration,
or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in
mortality or an increase in irreversible or incapacitating reversible illness;
or
(2) Pose a present or potential threat to human
health or the environment when improperly treated, stored, transported,
disposed of or otherwise mismanaged.
(b) Or which has been identified as a hazardous
waste by the department using the criteria established under RSA 147-A:3, I or
as listed under RSA 147-A:3, II. Such wastes include, but are not limited to,
those which are reactive, toxic, corrosive, ignitable, irritants, strong
sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive
substances that are regulated by the Atomic Energy Act of 1954, as amended, or household
pharmaceutical wastes collected pursuant to RSA 318-E.
VIII. “Hazardous waste management”
means the systematic control of the generation, collection, sorting, storage,
processing, treatment, recovery and disposal of
hazardous waste.
X. “Manifest” means the form used for
identifying the origin, quantity, composition, routing
and destination of hazardous waste.
XI. “Operator” means any person who,
either directly or indirectly, operates or otherwise controls or directs
activities at a facility.
XI-a. “Owner” means any person who,
either directly or indirectly owns a facility. The term “owner” does not
include a person who, without participation in the management or actual
operation of a facility, holds indicia of ownership primarily to protect a
mortgage on real property on which a facility is located or a security interest
in personal property located at the facility.
XII. “Person” means any individual,
trust, firm, joint stock company, corporation (including a government
corporation), partnership, association, state, municipality, commission, United
States government or any agency thereof, political subdivision of the state, or
any interstate body.
XII-a. “Spent material” means any
material that has been used and, as a result of
contamination, can no longer serve the purpose for which it was produced
without processing.
XIII. “Storage” means the containment
of hazardous wastes, either on a temporary basis or for a period of years, in
such a manner as not to constitute disposal of the hazardous wastes.
XIV. "Trade secret'' means any confidential
formula, pattern, device or compilation of information
which is used in the employer's business and which gives him an opportunity to
obtain an advantage over competitors who do not know or use it. A trade secret
is known to the employer and those employees to whom it is necessary to confide
it.
XV. “Transport” means the movement of
hazardous wastes from the point of generation to any intermediate points and,
finally, to the point of ultimate storage or disposal.
XVI. “Transporter” means any person
who transports hazardous waste.
XVII. “Treatment” means any process,
including neutralization, designed to change the physical, chemical
or biological character or composition of any hazardous waste so as to
neutralize the waste or to render the waste not hazardous, safer for transport,
amenable to recovery, amenable to storage or reduced in volume.
XVIII. “Waste” means any matter
consisting of: garbage, refuse, sludge from a waste treatment plant, water
supply treatment plant, or air pollution control facility and other spent,
discarded or abandoned material including solid, liquid, semi-solid, or contained
gaseous material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include
domestic sewage, irrigation return waters, wastewater discharges in compliance
with applicable state or federal permits, or source, special nuclear, or
by-product material as defined by the Atomic Energy Act of 1954, as amended.
RSA 147-B:2
III. “Facility” means any site, area
or location where hazardous waste or hazardous materials are or have been
treated, stored, generated, disposed of, or otherwise come to be located.
Appendix
D: Federal Definitions and Regulations
40 CFR 260.4
(a) In any case in which the
state in which waste is generated, or the state in which waste will be
transported to a designated facility, requires that the waste be regulated as a
hazardous waste or otherwise be tracked through a hazardous waste manifest, the
designated facility that receives the waste shall, regardless of the state in
which the facility is located:
(1)
Complete the facility portion of the applicable manifest;
(2)
Sign and date the facility certification;
(3) Submit
to the e-Manifest system a final copy of the manifest for data processing
purposes; and
(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.
40 CFR 260.5
(a) For purposes of this
section, “state-only regulated waste” means:
(1) A
non-RCRA waste that a state regulates more broadly under its state regulatory
program, or
(2) A
RCRA hazardous waste that is federally exempt from manifest requirements, but
not exempt from manifest requirements under state law.
(b) In any case in which a state
requires a RCRA manifest to be used under state law to track the shipment and
transportation of a state-only regulated waste to a receiving facility, the
facility receiving such a waste shipment for management shall:
(1)
Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72
(manifest discrepancies) of this chapter; and
(2)
Pay the appropriate per manifest fee to EPA for each manifest submitted
to the e-Manifest system, subject to the fee determination methodology, payment
methods, dispute procedures, sanctions, and other fee requirements specified in
subpart FF of part 264 of this chapter.
40 CFR 260.10
Act
or RCRA means the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended, 42 U.S.C. section 6901 et seq.
Administrator
means the Administrator of the
Environmental Protection Agency, or his designee.
Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.
Aquifer
means a geologic formation, group
of formations, or part of a formation capable of yielding a significant amount
of ground water to wells or springs.
Authorized
representative means the person
responsible for the overall operation of a facility or an operational unit
(i.e., part of a facility), e.g., the plant manager, superintendent
or person of equivalent responsibility.
Battery
means a device consisting of one
or more electrically connected electrochemical cells which is designed to
receive, store, and deliver electric energy. An electrochemical cell is a
system consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or
receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
Boiler means an
enclosed device using controlled flame combustion and having the following
characteristics:
(1)(i)
The unit must have physical provisions for recovering and exporting thermal
energy in the form of steam, heated fluids, or heated gases; and
(ii) The unit’s
combustion chamber and primary energy recovery sections(s) must be of integral
design. To be of integral design, the combustion chamber
and the primary energy recovery section(s) (such as waterwalls and
superheaters) must be physically formed into one manufactured or assembled
unit. A unit in which the combustion chamber and the primary energy recovery
section(s) are joined only by ducts or connections carrying flue gas is not
integrally designed; however, secondary energy recovery equipment (such as
economizers or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they are
not of integral design: process heaters (units that transfer energy directly to
a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a
thermal energy recovery efficiency of at least 60 percent, calculated in terms
of the recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75
percent of the recovered energy, calculated on an annual basis. In this
calculation, no credit shall be given for recovered heat used internally in the
same unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater pumps); or
(2) The unit is one which the Regional
Administrator has determined, on a case-by-case basis, to be a boiler, after
considering the standards in § 260.32.
Certification
means a statement of professional
opinion based upon knowledge and belief.
Confined
aquifer means an aquifer bounded
above and below by impermeable beds or by beds of distinctly lower permeability
than that of the aquifer itself; an aquifer containing confined ground water.
Container
means any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
Containment
building means a hazardous waste management unit that is used to store or
treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of
this chapter.
Contingency
plan means a document setting out an organized, planned, and coordinated
course of action to be followed in case of a fire, explosion, or release of
hazardous waste or hazardous waste constituents which could threaten human
health or the environment.
Dike
means an embankment or ridge of either natural or man-made materials used
to prevent the movement of liquids, sludges, solids, or other materials.
Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
Electronic manifest (or e-Manifest) means the electronic format of
the hazardous waste manifest that is obtained from EPA’s national e-Manifest
system and transmitted electronically to the system, and that is the legal
equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).
Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
Explosives
or munitions emergency means a situation involving the suspected or
detected presence of unexploded ordnance (UXO), damaged or deteriorated
explosives or munitions, an improvised explosive device (IED), other
potentially explosive material or device, or other potentially harmful military
chemical munitions or device, that creates an actual or potential imminent
threat to human health, including safety, or the environment, including
property, as determined by an explosives or munitions emergency response specialist.
Such situations may require immediate and expeditious action by an explosives
or munitions emergency response specialist to control, mitigate, or eliminate
the threat.
Explosives
or munitions emergency response means all immediate response activities by
an explosives and munitions emergency response specialist to control, mitigate,
or eliminate the actual or potential threat encountered during an explosives or
munitions emergency. An explosives or munitions emergency response may include
in place render-safe procedures, treatment or destruction of the explosives or
munitions and/or transporting those items to another location to be rendered
safe, treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA facilities.
Explosives
or munitions emergency response specialist means an individual trained in
chemical or conventional munitions or explosives handling, transportation,
render-safe procedures, or destruction techniques. Explosives or munitions
emergency response specialists include Department of Defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State, or
local government, or civilian personnel similarly trained in explosives or
munitions emergency responses.
Free
liquids means liquids which readily separate from the solid portion of a
waste under ambient temperature and pressure.
Ground
water means water below the land surface in a zone of saturation.
Incompatible
waste means a hazardous waste which is unsuitable for:
(1)
Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners or
tank walls); or
(2) Commingling with another waste or
material under uncontrolled conditions because the commingling might produce
heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
fumes, or gases, or flammable fumes or gases.
(See
appendix V of parts 264 and 265 of this chapter for examples.)
Injection
well means a well into which fluids are injected. (See also “underground
injection”.)
Inner
liner means a continuous layer of material placed inside a tank or
container which protects the construction materials of the tank or container
from the contained waste or reagents used to treat the waste.
International
shipment means the transportation of hazardous waste into or out of the
jurisdiction of the United States.
Lamp,
also referred to as “universal waste lamp”, is defined as the bulb or tube
portion of an electric lighting device. A lamp is specifically designed to
produce radiant energy, most often in the ultraviolet, visible, and infra-red
regions of the electromagnetic spectrum. Examples of common universal waste
electric lamps include, but are not limited to, fluorescent, high intensity
discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.
Land
treatment facility means a facility or part of a facility at which
hazardous waste is applied onto or incorporated into the soil surface; such
facilities are disposal facilities if the waste will remain after closure.
Leachate
means any liquid, including any suspended components in the liquid, that
has percolated through or drained from hazardous waste.
Liner
means a continuous layer of natural or man-made materials, beneath or on
the sides of a surface impoundment, landfill, or landfill cell, which restricts
the downward or lateral escape of hazardous waste, hazardous waste
constituents, or leachate.
Military
munitions means all ammunition products and components produced or used by
or for the U.S. Department of Defense or the U.S. Armed Services for national
defense and security, including military munitions under the control of the
Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy
(DOE), and National Guard personnel. The term military munitions includes:
confined gaseous, liquid, and solid propellants, explosives, pyrotechnics,
chemical and riot control agents, smokes, and incendiaries used by DOD
components, including bulk explosives and chemical warfare agents, chemical
munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar
rounds, artillery ammunition, small arms ammunition, grenades, mines,
torpedoes, depth charges, cluster munitions and dispensers, demolition charges,
and devices and components thereof. Military munitions do not include wholly
inert items, improvised explosive devices, and nuclear weapons, nuclear
devices, and nuclear components thereof.
However, the term does include non-nuclear components of nuclear
devices, managed under DOE’s nuclear weapons program after all required
sanitization operations under the Atomic Energy Act of 1954, as amended, have
been completed.
Mining
overburden returned to the mine site means any material overlying an
economic mineral deposit which is removed to gain access to that deposit and is
then used for reclamation of a surface mine.
On-site
means the same or geographically contiguous property which may be divided
by public or private right-of-way, provided the entrance
and exit between the properties is at a cross-roads intersection, and access is
by crossing as opposed to going along, the right-of-way. Non-contiguous
properties owned by the same person but connected by a right-of-way which he
controls and to which the public does not have access, is also considered
on-site property.
Pesticide
means any substance or mixture of substances intended for preventing,
destroying, repelling, or mitigating any pest, or intended for use as a plant
regulator, defoliant, or desiccant, other than any article that:
(1)
Is a new animal drug under FFDCA section 201(w), or
(2)
Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (1) or (2) of this definition.
Pile
means any non-containerized accumulation of solid, nonflowing hazardous
waste that is used for treatment or storage and that is not a containment
building.
Point
source means any discernible, confined, and discrete conveyance, including,
but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete
fissure, container, rolling stock, concentrated animal feeding operation, or
vessel or other floating craft, from which pollutants are or may be discharged.
This term does not include return flows from irrigated agriculture.
Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
Representative
sample means a sample of a universe or whole (e.g., waste pile, lagoon,
ground water) which can be expected to exhibit the average properties of the
universe or whole.
Run-off
means any rainwater, leachate, or other liquid that drains over land from
any part of a facility.
Run-on
means any rainwater, leachate, or other liquid that drains over land onto
any part of a facility.
Sludge
means any solid, semi-solid, or liquid waste generated from a municipal,
commercial, or industrial wastewater treatment plant, water supply treatment
plant, or air pollution control facility exclusive of the treated effluent from
a wastewater treatment plant.
State
means any of the several States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
Surface
impoundment or impoundment means a facility or part of a facility
which is a natural topographic depression, man-made excavation, or diked area
formed primarily of earthen materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
and lagoons.
Tank
means a stationary device, designed to contain an accumulation of hazardous
waste which is constructed primarily of non-earthen materials (e.g., wood,
concrete, steel, plastic) which provide structural support.
Tank
system means a hazardous waste storage or treatment tank and its associated
ancillary equipment and containment system.
Totally
enclosed treatment facility means a facility for the treatment of hazardous
waste which is directly connected to an industrial production process and which
is constructed and operated in a manner which prevents the release of any
hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transport
vehicle means a motor vehicle or rail car used for the transportation of
cargo by any mode. Each cargo-carrying body (trailer, railroad freight car,
etc.) is a separate transport vehicle.
Transportation
means the movement of hazardous waste by air, rail, highway, or water.
Treatability
Study means a study in which a
hazardous waste is subjected to a treatment process to determine: (1) Whether
the waste is amenable to the treatment process, (2) what pretreatment (if any)
is required, (3) the optimal process conditions needed to achieve the desired
treatment, (4) the efficiency of a treatment process for a specific waste or
wastes, or (5) the characteristics and volumes of residuals from a particular
treatment process. Also included in this definition for the purpose of the § 261.4
(e) and (f) exemptions are liner compatibility, corrosion, and other material
compatibility studies and toxicological and health effects studies. A
‘‘treatability study’’ is not a means to commercially treat or dispose of
hazardous waste.
United
States means the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Universal
Waste Transporter means a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water.
Vessel
includes every description of watercraft, used or capable of being used as
a means of transportation on the water.
Wipe means a woven or non-woven shop
towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends,
or other material.
40 CFR 261.1(c)(3)
A “by-product”
is a material that is not one of the primary products of a production process
and is not solely or separately produced by the production process. Examples
are process residues such as slags or distillation column bottoms. The term
does not include a co-product that is produced for the general public’s use and
is ordinarily used in the form it is produced by the process.
40 CFR 261.1(c)(6)
“Scrap
metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together
with bolts or soldering (e.g., radiators, scrap automobiles, railroad box
cars), which when worn or superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded
scrap metal” is processed scrap metal, unprocessed home scrap metal, and
unprocessed prompt scrap metal.
40 CFR 261.1(c)(10)
“Processed
scrap metal” is scrap metal which has been manually or physically altered to either
separate it into distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but
is not limited to scrap metal which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal type (i.e., sorted),
and, fines, drosses and related materials which have
been agglomerated. (Note: shredded circuit boards being sent for recycling are
not considered processed scrap metal. They are covered under the exclusion from
the definition of solid waste for shredded circuit boards being recycled (§
261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home
scrap metal” is scrap metal as generated by steel mills, foundries, and
refineries such as turnings, cuttings, punchings, and
borings.
40 CFR 261.1(c)(12)
“Prompt
scrap metal” is scrap metal as generated by the metal working/fabrication
industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as
industrial or new scrap metal.
40 CFR 261.4(a)(1)(ii)
“Domestic
Sewage” means untreated sanitary wastes that pass through a sewer system.
40 CFR 262.81
EPA Acknowledgment of Consent (AOC) means the
letter EPA sends to the exporter documenting the specific terms of the country
of import’s consent and the country(ies) of transit’s
consent(s). The AOC meets the definition of an export license in U.S. Census
Bureau regulations 15 CFR 30.1.
Exporter, also known as primary exporter on the RCRA hazardous
waste manifest, means the person domiciled in the United States who is required
to originate the movement document in accordance with § 262.83(d) or the
manifest for a shipment of hazardous waste in accordance with subpart B of this
part, or equivalent State provision, which specifies a foreign receiving
facility as the facility to which the hazardous wastes will be sent, or any
recognized trader who proposes export of the hazardous wastes for recovery or
disposal operations in the country of import.
Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.
Evaluated
hazardous waste pharmaceutical means a prescription
hazardous waste pharmaceutical that has been evaluated by a reverse distributor
in accordance with § 266.510(a)(3) and will not be sent to another reverse
distributor for further evaluation or verification of manufacture credit.
Hazardous
waste pharmaceutical means a pharmaceutical that is a solid
waste, as defined in § 261.2, and exhibits one or more characteristics
identified in part 261 subpart C or is listed in part 261 subpart D. A
pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a
hazardous waste pharmaceutical, if it is legitimately used/reused (e.g.,
lawfully donated for its intended purpose) or reclaimed. An over-the-counter
pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste,
as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if
it has a reasonable expectation of being legitimately used/reused (e.g.,
lawfully redistributed for its intended purpose) or reclaimed.
Healthcare
facility means any person that is lawfully
authorized to—
(1) Provide preventative, diagnostic,
therapeutic, rehabilitative, maintenance or palliative care, and counseling,
service, assessment or procedure with respect to the
physical or mental condition, or functional status, of a human or animal or
that affects the structure or function of the human or animal body; or
(2) Distribute, sell, or dispense
pharmaceuticals, including over-the-counter pharmaceuticals, dietary
supplements, homeopathic drugs, or prescription pharmaceuticals. This
definition includes, but is not limited to, wholesale distributors, third-party
logistics providers that serve as forward distributors, military medical
logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical
centers, health clinics, physicians’ offices, optical and dental providers,
chiropractors, long-term care facilities, ambulance services, pharmacies,
long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals,
veterinary clinics, and veterinary hospitals. This definition does not include
pharmaceutical manufacturers, reverse distributors, or reverse logistics
centers.
Long-term
care facility means a licensed entity that provides assistance with activities of daily living,
including managing and administering pharmaceuticals to one or more individuals
at the facility. This definition includes, but is not limited to, hospice
facilities, nursing facilities, skilled nursing facilities, and the nursing and
skilled nursing care portions of continuing care retirement communities. Not
included within the scope of this definition are group homes, independent
living communities, assisted living facilities, and the independent and
assisted living portions of continuing care retirement communities.
Non-creditable
hazardous waste pharmaceutical means a prescription
hazardous waste pharmaceutical that does not have a reasonable expectation to
be eligible for manufacturer credit or a nonprescription hazardous waste
pharmaceutical that does not have a reasonable expectation to be legitimately
used/reused or reclaimed. This includes but is not limited to, investigational
drugs, free samples of pharmaceuticals received by healthcare facilities,
residues of pharmaceuticals remaining in empty containers, contaminated
personal protective equipment, floor sweepings, and clean-up material from the
spills of pharmaceuticals.
Pharmaceutical
means any drug or dietary supplement
for use by humans or other animals; any electronic nicotine delivery system
(e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid)
packaged for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials). This definition includes, but is not limited
to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act;
prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs;
homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals
remaining in non-empty containers; personal protective equipment contaminated
with pharmaceuticals; and clean-up material from spills of pharmaceuticals.
This definition does not include dental amalgam or sharps.
Potentially
creditable hazardous waste pharmaceutical
means a prescription hazardous waste pharmaceutical that has a reasonable
expectation to receive manufacturer credit and is—
(1) In original manufacturer packaging
(except pharmaceuticals that were subject to a recall);
(2) Undispensed; and
(3) Unexpired or less than one year past
expiration date. The term does not include evaluated hazardous waste
pharmaceuticals or nonprescription pharmaceuticals including, but not limited
to, over-the-counter drugs, homeopathic drugs, and dietary supplements.
Reverse distributor
means any person that receives and accumulates prescription pharmaceuticals
that are potentially creditable hazardous waste pharmaceuticals for the purpose
of facilitating or verifying manufacturer credit. Any person, including forward
distributors, third-party logistics providers, and pharmaceutical
manufacturers, that processes prescription pharmaceuticals for the facilitation
or verification of manufacturer
credit is considered a reverse distributor.
40
CFR 268.2(c)
Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
40 CFR 270.2
Site
means the land or water area where any facility or activity is physically
located or conducted, including adjacent land used in connection with the
facility or activity.
40
CFR 273.2(c)(2)
An unused battery becomes a waste on the date
the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in paragraph
(a)(1) of this section becomes a waste on the first date on which both of the
following conditions apply:
(i) The generator of the recalled pesticide agrees to
participate in the recall; and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described in paragraph
(a)(2) of this section becomes a waste on the date the generator decides to
discard it.
40
CFR 273.4(c)(2)
Unused mercury-containing equipment becomes a
waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the date
the handler decides to discard it.
An unused aerosol can becomes a waste on the date the handler decides to discard
it.
Conduct
puncturing and draining activities using a device specifically designed to
safely puncture aerosol cans and effectively contain the residual contents and
any emissions thereof.
(i) Removes
and manages the ampules in a manner designed to prevent breakage of the
ampules;
(ii) Removes the ampules only over or
in a containment device (e.g., tray or pan sufficient to collect and contain
any mercury released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up
system is readily available to immediately transfer any mercury resulting from
spills or leaks of broken ampules from that containment device to a container
that is subject to all applicable requirements of 40 CFR parts 260 through 272;
(iv) Immediately transfers any mercury
resulting from spills or leaks from broken ampules from the containment device
to a container is subject to all applicable requirements of 40 CFR parts 260
through 272;
(v) Ensures that the area in which
ampules are removed is well ventilated and monitored to ensure compliance with
applicable OSHA exposure levels for mercury;
(vi) Ensures that employees removing
ampules are thoroughly familiar with proper waste mercury handling and
emergency procedures, including transfer of mercury from containment devices to
appropriate containers;
(vii) Stores removed ampules in closed,
non-leaking containers that are in good condition;
(viii) Packs removed ampules in the
container with packing materials adequate to prevent breakage during storage,
handling, and transportation;
Appendix
E: Emergency telephone numbers
Organization |
Telephone Number |
Days/Hours |
DES
Emergency Response Team |
(603)
271-3899 |
Monday
through Friday; 8 a.m. to 4 p.m. |
N.H.
State Police Headquarters Communications Unit |
(603)
223-4381 |
Every
day; 24 hours per day |