CHAPTER
Env-Hw 700 REQUIREMENTS FOR OWNERS AND
OPERATORS OF HAZARDOUS WASTE FACILITIES/HAZARDOUS WASTE TRANSFER FACILITIES
Statutory
Authority: RSA 147-A:3; RSA 147-B:7
REVISION NOTE #1:
Document
#9367, effective 1-28-09, readopted with amendments and redesignated the former
Chapter Env-Wm 700 as Env-Hw 700. 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 700. 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readopted with amendments, repealed, or amended various rules in Chapter Env-Hw
700. Rules Env-Hw 705.01 titled
“Recordkeeping” and Env-Hw 705.02 titled “Quarterly Reporting” were
amended. The following rules in Chapter
Env-Hw 700 were readopted with amendments:
Env-Hw 701.01 Applicability.
Env-Hw 701.03 Prohibitions.
Env-Hw 703.01 General Manifest Requirements.
Env-Hw 703.02 Manifest Errors/Discrepancies.
Env-Hw 704.01 Rejected Shipments.
Env-Hw 705.03 Biennial Reporting.
Env-Hw 706.03 Waiver of Manifest and Permit Requirements
for Emergency Response.
Document #12922 repealed the following
rules in Chapter Env-Hw 700, and renumbered the former Env-Hw 703.05 as Env-Hw
703.03:
Env-Hw 703.03 Rail or Water Shipments.
Env-Hw 703.04 International Shipments.
PART Env-Hw 701
APPLICABILITY, EXEMPTIONS, AND PROHIBITIONS
Env-Hw
701.01 Applicability. This chapter shall apply to:
(a) Owners and operators of all facilities,
unless exempt under Env-Hw 800 or Env-Hw 701.02;
(b) A person disposing of hazardous waste by
means of ocean disposal pursuant to a permit issued under the Marine
Protection, Research, and Sanctuaries Act only to the extent the person is
deemed to have a permit-by-rule under Env-Hw 300;
(c) An operator of a POTW that treats, stores, or
disposes of hazardous waste only to the extent the operator is deemed to have a
permit-by-rule under Env-Hw 300;
(d) An owner and operator of a facility that
treats, stores, or disposes of hazardous wastes in accordance with 40 CFR Part
268, as incorporated by reference in Env-Hw 1200; and
(e)
The storage of military munitions classified as solid waste pursuant to
40 CFR 266.202 only to the extent identified in 40 CFR 266.205, but this
chapter shall apply to the treatment and disposal of hazardous waste military
munitions.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367,
eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision
Note #2 at chapter heading for Env-Hw 700); ss by #13406, eff 7-23-22
Env-Hw 701.02 Exemptions.
(a)
This chapter shall not apply to:
(1) A full quantity generator who accumulates
hazardous waste on-site for 90 days or less, except as provided in Env-Hw
507.03 and Env-Hw 509.03, and who does not dispose of hazardous waste on-site;
(2) A small quantity generator who accumulates
waste in accordance with Env-Hw 507.03 and Env-Hw 508;
(3) The owner or operator of a solid waste
facility, as defined in RSA 149-M:4, IX and permitted by the department
pursuant to RSA 149-M to manage non-hazardous solid waste, provided that:
a.
The facility does not accept hazardous waste for transfer, treatment,
storage, or disposal and does not transfer, treat, store, or dispose of
hazardous waste; and
b.
If the facility
recovers energy from the combustion of solid waste from any source other than a
household, it does not combust any hazardous waste, including but not limited
to ash and baghouse filters, produced from the operation of the facility;
(4) The owner or operator of an elementary
neutralization unit or wastewater treatment unit that meets the requirements of
Env-Hw 304.04;
(5) A New Hampshire registered transporter who
stores manifested shipments of hazardous waste in containers meeting the
requirements of 40 CFR 262.30 for a period of less than 10 days, provided that:
a. The wastes are en route to the facility designated on the
manifest; and
b. Wastes
are not transferred or removed from the vehicle;
(6) The owner or operator of a facility managing
recyclable materials described in Env-Hw 401.03(b)(36) - (40) and Env-Hw 804.02
except to the extent that Env-Hw 700 requirements are referred to in Env-Hw 804
through Env-Hw 809;
(7) A farmer who disposes of hazardous waste
pesticide residues from the farmer’s own use, provided the farmer triple rinses each emptied
pesticide container in accordance with Env-Hw 401.03(d)(3), and disposes of the
pesticide residues on the farmer’s own farm in a manner consistent with the disposal
instructions on the pesticide label;
(8) Subject to (c), below, a person engaged in
treatment or containment activities during immediate response to:
a.
A discharge of hazardous waste;
b.
An imminent and substantial threat of a discharge of hazardous waste;
c.
A discharge of a material that, when discharged, becomes a hazardous
waste; or
d.
An immediate threat to human health, public safety, property, or the
environment, from the known or suspected presence of military munitions, other
explosive material, or an explosive device, as determined by an explosive or
munitions emergency response specialist;
(9) The addition of absorbent to waste in a
container provided that the absorbent does not change the chemical properties
of the waste and the requirements of 40 CFR 264.1(g)(10) are met;
(10) A full quantity generator who receives small
quantity generator waste in accordance with Env-Hw 501.02(c)(1);
(11) A household hazardous waste collection
project that receives hazardous waste from small quantity generators, provided
that:
a.
The project is a one-day household hazardous waste collection event;
b.
The waste is accompanied by a manifest in accordance with Env-Hw 510;
and
c.
The small quantity generator gives the waste directly to a New Hampshire
registered hazardous waste transporter during the one-day collection event;
(12) A government entity that receives household
hazardous waste from another government entity provided the receiving entity
manages the waste in accordance with the applicable generator requirements of
Env-Hw 500 and ships the waste off-site within 90 days after receipt;
(13) A universal waste handler or a universal
waste transporter who handles universal waste, provided that the waste is
managed in accordance with Env-Hw 1100;
(14) The owner or operator of a totally enclosed treatment
facility as defined in Env-Hw 104; and
(15) A reverse distributor who accumulates
potentially creditable hazardous waste pharmaceuticals and evaluated hazardous
waste pharmaceuticals in compliance with Env-Hw 1300.
(b)
Env-Hw 705.01(b)(1) through (3), (b)(6) through (10), and (c), Env-Hw
705.02, Env-Hw 705.03, Env-Hw 707.03(a)(2) and (10), and Env-Hw 708.02(a)(2)
shall not apply to transfer facilities.
(c)
In the case of treatment
or containment activities during immediate response to a situation specified in
(a)(8), above:
(1) A facility owner and operator shall comply
with Env-Hw 708.02(a)(9) and Env-Hw 708.02(a)(10), except that the owner and
operator of an existing facility shall comply with 40 CFR 265.54 instead of 40
CFR 264.54;
(2) A person who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
shall be subject to Env-Hw 300 and this chapter; and
(3) In the case of an explosives or munitions emergency
response, including emergencies involving military munitions, the requirements
of 40 CFR 264.1(g)(8)(iv), 40 CFR 265.1(c)(11)(iv), and 40 CFR 270.1(c)(3)(iii)
shall apply.
(d)
Env-Hw 703 and Env-Hw 704 shall not apply to owners and operators of:
(1) On-site facilities that do not receive any
hazardous waste from off-site sources; or
(2) Off-site facilities with respect to waste
military munitions that are exempt from manifest requirements under 40 CFR
266.203(a).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd
by #7578, eff 10-13-01; amd by #8790, eff 1-5-07; ss
by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for
Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #13406,
eff 7-23-22
Env-Hw 701.03 Prohibitions.
(a)
Underground injection of hazardous waste shall be prohibited.
(b)
Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026,
and F027 shall not be managed at facilities subject to Env-Hw 707, unless:
(1) The wastewater treatment sludge is generated
in a surface impoundment as a part of the plant's wastewater treatment system;
(2) The waste is stored in tanks or containers;
(3)
The waste is stored or treated in waste piles that meet the requirements of Env-Hw 707.04(e);
(4) The waste is burned in an incinerator that is
certified pursuant to the standards and procedures in Env-Hw 707.04(h); or
(5) The waste is burned in a facility that
thermally treats the waste in a device other than an incinerator and that is
certified pursuant to the standards and procedures in Env-Hw
707.04(i).
Source.
#5886, eff 8-26-94; ss by #7207-B, eff 2-26-00;
ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; (See Revision Note #1 at
chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See
Revision Note #2 at chapter heading for Env-Hw 700)
PART
Env-Hw 702 GENERAL REQUIREMENTS FOR
FACILITY OPERATORS
Env-Hw 702.01 Notification.
(a)
An operator of a facility shall notify the department prior to
conducting any hazardous waste activities that are subject to the hazardous
waste rules.
(b)
An operator of an existing facility shall notify the department within
30 days of the effective date of any statutory or regulatory amendment that
requires the facility to have a hazardous waste permit.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.02 Notification Information Requirements.
(a)
The notification required by Env-Hw 702.01 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; and
(2) A statement signed by the facility’s
authorized representative certifying, as specified in Env-Hw 207, the
information provided on the notification form.
(b)
The operator shall notify the department, on a notification form
obtained from the department, of any changes to the information required by
(a), above, within 30 days of the effective date of any 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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.03 Notification Determination.
(a)
If the department, upon examination of a notification submitted as
specified in Env-Hw 702.02, determines that the operator has not provided all
of the information required by Env-Hw 702.02, the department shall notify the
operator in writing of each deficiency.
(b)
The operator shall, no later than 30 days from receipt of the notice of
deficiency, explain or correct the alleged deficiency.
(c)
If the operator does not respond within 30 days, the operator shall
submit a new notification.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.04 EPA Identification Number.
(a)
An operator of a facility or transfer facility shall not generate,
receive, transfer, treat, store, or dispose of hazardous waste without having
received an EPA identification number.
If a notification from a facility or transfer facility is deemed
complete, the department shall assign an EPA identification number to the
facility or transfer facility.
(b)
A separate number shall be obtained for each site location.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.05 Facility Permits. The operator of a new or existing facility
shall comply with the permitting requirements of Env-Hw 300.
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
700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.06 Public Notification Plan. The operator of a facility or transfer
facility shall develop and follow a plan describing methods
to inform the public of the status of the activities undertaken at the facility
or transfer facility.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.07 Transfer of Ownership/Relinquishment of
Property Rights. The operator of a
facility seeking to have its permit transferred to a new operator shall comply
with 40 CFR 270.40, 7-1-05 edition, and RSA 147-A:4, IV.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff
2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09;
ss by #12349, eff 8-14-17
Env-Hw 702.08 Environmental and Health Requirements. Notwithstanding any provisions in this
chapter, the operator of a facility shall:
(a)
Meet all surface water standards as specified in the Federal Clean Water
Act and New Hampshire statutes according to RSA 485-A, and groundwater criteria
established by the Federal Safe Drinking Water Act and Env-Or 600;
(b)
Meet all air emission limits specified in the Federal Clean Air Act, RSA
125-C, and state implementation plans;
(c)
Prevent exposure of facility workers to chemicals in violation of
Occupational Safety and Health Administration regulations; and
(d)
Prevent exposure of humans or the environment to harmful quantities of
hazardous waste or its constituents.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; 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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.09 General Design Requirements. A facility shall:
(a)
Be designed and operated to minimize the possibility of any unplanned
releases of hazardous waste or constituents;
(b)
Have diversion structures capable of diverting all surface water run-off
and run-on from the active portions of the facility for a 24-hour, 100-year
storm;
(c)
Be located above the 100-year flood level, unless it is an existing
facility:
(1) That is designed, constructed, operated and maintained to prevent washout of any hazardous
waste by a 100-year flood; or
(2) Whose operator ensures that all waste can be
removed safely before floodwaters can reach the facility to a location where
the wastes will not be vulnerable to flood waters; and
(d)
Be designed so that all surface run-off from active portions of the
facility is collected and contained before it is discharged from a point
source, and is handled in accordance with the Federal Clean Water Act and New
Hampshire RSA 485-A.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.10 Groundwater Monitoring.
(a)
An operator of a facility with a surface impoundment, landfill, or land
treatment operation shall install and operate a groundwater monitoring/release
detection system capable of detecting the potential migration in groundwater of
hazardous waste or waste constituents outside the boundaries of the facility,
as specified below:
(1) Facilities that were in existence on July 1,
1980, shall implement a groundwater monitoring/ release detection program in
accordance with 40 CFR 265 Subpart F;
(2) Facilities that become subject to this
chapter due to statutory or regulatory amendments shall implement a groundwater
monitoring/release detection program in accordance with 40 CFR 265 Subpart F
within one year of the effective date of the statutory or regulatory
amendments; and
(3) New facilities shall implement a groundwater
monitoring/release detection program in accordance with 40 CFR 264 Subpart F.
(b)
Groundwater monitoring/release detection shall comply with RSA 485-C:13,
Env-Or 700, and either 40 CFR 264 Subpart F or 40 CFR 265 Subpart F, as
specified in (a), above, provided that in the case of a conflict, the more
protective requirement shall apply.
(c)
Unless a release detection permit is required pursuant to RSA 485-C:13,
the department shall waive any of the requirements of (b), above, if:
(1) The operator requests such a waiver in
writing as specified in Env-Hw 202; and
(2) The operator provides documentation that the
criteria for granting a waiver as specified in Env-Hw 202 are satisfied.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff
1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.11 Other Monitoring.
(a)
The department shall review the groundwater monitoring/release detection
plan proposed pursuant to Env-Hw 702.10(b) and all resulting data.
(b)
The department shall review the design and operations of all hazardous
waste facilities and transfer facilities other than those specified in Env-Hw
702.10(a) to determine whether the design and operation might allow any
hazardous waste or constituent to migrate off-site.
(c)
The department shall require the installation and operation of a
monitoring system, including monitoring of air emissions, groundwater
contamination, and leachate detection as appropriate to the migration vectors
identified by the department, for:
(1) A facility identified in Env-Hw 702.10(a), if
the groundwater monitoring/release detection plan proposed pursuant to Env-Hw
702.10(b) is not adequate to detect the off-site migration of all hazardous
wastes or constituents; or
(2) A facility or transfer facility not
identified in Env-Hw 702.10(a) whose design and/or operation might allow a
hazardous waste or constituent to migrate off site.
(d)
For a monitoring system specified in (c), above, the department shall
specify in writing:
(1) The monitoring system required;
(2) The frequency of analysis required; and
(3) The sampling and evaluation procedures and
criteria to be used.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.12 Alternate Monitoring Plan. If the department requires a monitoring
system pursuant to Env-Hw 702.11(c), the owner or operator may apply for a waiver
or may submit for approval an alternate monitoring plan.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 702.13 Monitoring Response.
(a)
Upon detection of contamination of any groundwater, surface water, air,
or soil, the owner or operator of a facility shall immediately notify the
department’s emergency response team at the telephone number listed in Appendix
E, Monday through Friday, from 8 a.m. to 4 p.m., and the New Hampshire state
police headquarters communications unit at the telephone number listed in
Appendix E at all other times.
(b)
Within 10 days of notification, the operator shall:
(1) Collect and evaluate samples on a more
frequent basis;
(2) Take preventive actions, such as requiring
more stringent operational procedures;
(3) Take remedial actions, including on-site
relocation of wastes;
(4) File a report, within 30 days of
notification, identifying the causes of contamination and delineating if they
are accidental, due to operating or design failures, or of unknown cause;
(5)
Provide evidence that the contamination can be mitigated by actions not
previously mentioned; and
(6) Temporarily cease operations so that the
causes can be found and corrected.
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 700) ss by #9367, eff 1-28-09; amd by #10205,
eff 10-19-12; ss by #12349, eff 8-14-17
PART
Env-Hw 703 RECEIPT OF WASTE
Env-Hw 703.01 General Manifest Requirements.
(a)
Upon receipt of a hazardous waste accompanied by a manifest, the owner,
operator or responsible agent of the designated facility shall comply with 40
CFR 264.71(a), (b), and (d) through (k) and 40 CFR
265.71(a), (b), and (d) through (k), as
applicable.
(b)
The export and import requirements of 40 CFR 264.71(a)(3) and (d) and 40
CFR 265.71(a)(3) and (d) shall not apply to a NH-only waste.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by 8714, INTERIM, eff
9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; (See Revision Note #1 at chapter heading for Env-Hw 700)
ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12349, eff
8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading for
Env-Hw 700)
Env-Hw
703.02
Manifest Errors/Discrepancies.
(a)
An owner, operator, or responsible agent shall comply with the manifest
discrepancy requirements of 40 CFR 264.72(a) through (c) and 40 CFR 265.72(a) through (c), as applicable.
(b)
An owner, operator, or responsible agent shall correct the following
discrepancies:
(1)
Significant differences, as that term is defined in 40 CFR 264.72(b) and
40 CFR 265.72(b), as applicable;
(2)
Incorrect or missing EPA identification numbers, generator names and
addresses; and
(3)
Missing fee exemption codes as provided in Env-Hw 510.03.
(c)
Post-receipt manifest data corrections shall be made in accordance with
40 CFR 264.71(l) and 40 CFR 265.71(l), as applicable.
(d)
If a post-receipt manifest data correction pertains to a shipment that
was accompanied by a paper manifest or a manifest that was printed for the
generator’s signature, the owner, operator, or responsible agent 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; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
#1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349,
eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note #2 at chapter heading
for Env-Hw 700)
Env-Hw 703.03 Unmanifested Waste Report.
(a)
If a facility accepts for treatment, storage, or disposal any hazardous
waste from an off-site source without an accompanying manifest, or shipping
paper for water or rail shipments, and if the waste is not excluded from the
manifest requirement by the hazardous waste rules, the operator shall submit an
unmanifested waste report to the department within 15 days of such acceptance.
(b)
The unmanifested waste report shall contain the following information:
(1) The name, address and EPA identification
number of the facility;
(2) The name, address and EPA identification
number of the generator and transporter, if available;
(3) The date of receipt;
(4) For each unmanifested hazardous waste, its
quantity and a description by type and source;
(5) For each unmanifested hazardous waste, the
method of treatment, storage, or disposal;
(6) A full explanation of why the waste was
unmanifested; and
(7) A statement signed by the operator or a
responsible agent certifying, as specified in Env-Hw 207, the information in
the report.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff
8-14-17; (formerly Env-Hw 703.05, renumbered by #12922) (See Revision Note #2
at chapter heading for Env-Hw 700)
PART
Env-Hw 704 REJECTED SHIPMENTS
Env-Hw 704.01 Rejected Shipments. If an operator rejects all or part of a
hazardous waste shipment or identifies a container residue that exceeds the
quantity limits for empty containers set forth in Env-Hw 401.03(d), the
operator shall comply with the manifest discrepancy requirements of 40 CFR
264.72(d) through (g) and 40 CFR 265.72(d) through (g), as applicable.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94;
ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by
#8790, eff 1-5-07; (See Revision Note #1 at chapter heading for Env-Hw 700) ss
by #9367, eff
1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note
#2 at chapter heading for Env-Hw 700)
PART
Env-Hw 705 RECORDKEEPING AND REPORTING
Env-Hw
705.01 Recordkeeping.
(a)
The operator of a facility other than a transfer facility shall keep a
written operating record at the facility as set forth in (b) through (d),
below.
(b)
Except
as specified in (b)(6) and (10), below, the following information shall be
recorded by the operator as it becomes available and maintained in the
operating record for 3 years, unless requirements specify
they must be kept for a longer period of time:
(1)
A copy of each shipping document and manifest, including:
a. Movement documents for
shipments subject to 40 CFR 262, Subpart H;
b. Manifest discrepancy reports; and
c. Unmanifested waste reports;
(2)
A copy of each quarterly and biennial activity report;
(3) Records and results of waste
analyses, hazardous waste determinations, and trial tests as required by Env-Hw
707, Env-Hw 708, and Env-Hw 1200, as applicable;
(4)
Summary reports and details of all incidents requiring contingency plan
implementation;
(5)
Records
and results of inspections, as required by Env-Hw 707
and Env-Hw 708, as applicable, including:
a. The time and date of facility inspections;
b. The inspector's name;
c. Notation of observation(s);
d.
Dates and nature of maintenance; and
e. Remedial action(s) taken;
(6)
Monitoring data, testing data, analytical data, and corrective action(s)
as required by Env-Hw 707 and Env-Hw 708, except that records and results
pertaining to groundwater monitoring and cleanup shall be maintained until
facility closure and for the post-closure care period for disposal facilities;
(7)
For off-site facilities, notices to generators as required by Env-Hw
708.02(a)(1);
(8)
A statement obtained from the permittee, at least annually, certifying,
as specified in Env-Hw 207, that the permittee has a program in place to reduce
the volume and toxicity of hazardous waste generated by the permittee, as specified in
40 CFR 264.73(b)(9), as applicable;
(9)
The information required by 40 CFR 264.73(b)(11) through (16) and 40 CFR
265.73(b)(9) through (14), as applicable; and
(10)
Records of monitoring, testing, or analytical data as required by 40 CFR
264.73(b)(18), for 5 years.
(c)
The
following information shall be recorded by the operator as it becomes available
and maintained in the operating record until closure of the facility, unless
requirements specify they must be kept for a longer
period of time:
(1)
A description and the quantity of each hazardous waste shipment
received, treated, stored, or disposed of at the facility, including:
a. The waste's common name;
b. If listed in Env-Hw 402 or a characteristic
waste under Env-Hw 403, the waste's EPA and state hazardous waste number or numbers,
as applicable;
c. The waste's physical form, such as liquid,
sludge, solid, or contained gas;
d. If not listed in Env-Hw 402, the process that
produced the waste;
e. The estimated or manifest-reported weight, or
volume and density, where applicable, in one of the units of measure specified
in 40 CFR 264 Appendix I, Table 1; and
f. The method, by handling code as specified in
40 CFR 264 Appendix I, Table 2, and date of treatment, storage, or disposal;
(2)
The method, location, and date of treatment, storage, and disposal;
(3)
The location of each hazardous waste within the facility and the
quantity at each location, including:
a. For disposal facilities, the location and
quantity of each hazardous waste, recorded on a map or diagram of each cell or
disposal area; and
b. For all facilities, cross-references to
specific manifest tracking numbers, if the waste was accompanied by a manifest;
(4)
Adjustments and calculations of closure and for disposal facilities,
post-closure cost estimates prepared in accordance with Env-Hw 707.03(a)(11) or
Env-Hw 708.02(a)(12);
(5)
Records of the quantities and date of placement of each shipment of
hazardous waste placed in land disposal units as required by 40 CFR
264.73(b)(10) and 40 CFR 265.73(b)(8), as applicable; and
(6)
The information required by 40 CFR 264.73(b)(19) and 40 CFR
265.73(b)(15), as applicable.
(d)
Any specified retention period shall be automatically extended while any
enforcement action is pending.
(e)
The operator of a transfer facility shall keep a written operating
record at the transfer facility as set forth in (b)(4) and (5), above, and maintain the
operating record in accordance with (d), above.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; amd by #7207-B, eff
2-26-00; 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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; amd by #12922, 11-23-19 (See Revision Note #2 at chapter
heading for Env-Hw 700); ss by #13406, eff 7-23-22
Env-Hw 705.02 Quarterly Reporting.
(a)
For the purposes of quarterly reporting, the term “facility” does not
include hazardous waste transfer facilities.
(b)
An operator of a hazardous waste facility located in New Hampshire that
receives hazardous waste from out-of-state for the purpose of treating,
storing, or disposing of such waste shall pay a fee based on the quantity of
said out-of-state wastes.
(c)
For each facility that meets the criteria in (b), above, the department
shall compile a hazardous waste quarterly activity report summarizing the
facility’s hazardous waste manifest information from the electronic manifest
system and then mail or email the report to the facility. If a facility meets the criteria of (b),
above, and has not received a quarterly activity report within 45 days
following the last day of the previous quarter, the facility shall contact the
department and the department shall send a new report.
(d)
The reporting quarters shall be as follows:
(1) 1st Quarter - January 1 to March 31;
(2) 2nd Quarter - April 1 to June 30;
(3) 3rd Quarter - July 1 to September 30; and
(4) 4th Quarter - October 1 to December 31.
(e)
A facility quarterly report shall include the following information:
(1) Reporting quarter;
(2) Name, address, telephone number, and EPA
identification number of the reporting facility;
(3) Weight in pounds of the hazardous waste
received by the facility from out-of-state sources;
(4) The EPA and NH hazardous waste numbers, as
applicable, for each waste received by the facility from out-of-state sources;
and
(5) The amount of the fee payment due the state
of New Hampshire.
(f)
The operator shall:
(1) Review the quarterly report for accuracy;
(2) Correct any errors;
(3)
Notify the department of any needed corrections within 30 days of
receipt of the report; and
(4)
Provide a statement signed by a responsible company official certifying,
as specified in Env-Hw 207,
the report.
(g)
The operator shall submit each quarterly activity report to the
department, together with the fee due to the state of New Hampshire, within 30
days from receipt.
(h)
A quarterly fee payment shall be made by the hazardous waste facility’s
operator.
(i) As authorized by RSA 147-B:8, III, the fee
shall be $0.007 per kilogram, or $0.003 per pound, on hazardous wastes received
by the facility from out-of-state sources during the reporting quarter.
(j)
Fees paid by check or money order shall be made payable to “Treasurer,
State of New Hampshire.”
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff
8-14-17; amd by #12922, 11-23-19 (See Revision Note
#2 at chapter heading for Env-Hw 700)
Env-Hw 705.03 Biennial Reporting.
(a)
On even-numbered years, the department shall prepare a biennial report
as required by 40 CFR 264.75 or 40 CFR 265.75, as applicable, on behalf of each
facility, other than a transfer facility, based on information provided on
notification forms, manifest information in the electronic manifest system, and quarterly
reports. Transfer facilities shall not
be subject to biennial reporting requirements.
(b)
If a facility has not received a biennial report from the department by
February 1 of an even-numbered year, the facility shall ask the department to
send a new biennial report.
(c)
The operator shall:
(1) Review the biennial report for accuracy;
(2) Correct any errors;
(3) Notify the department of any needed
corrections by March 1 of that year;
(4)
Provide the department with any additional information necessary to
complete the biennial report as required in 40 CFR 264.75 or 40 CFR 265.75, as
applicable; and
(5) Submit to the department a complete copy of
the biennial report by March 1 of that year, including a signed statement by
the operator certifying, as specified in Env-Hw 207, the information in the
report.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff
1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision Note
#2 at chapter heading for Env-Hw 700)
Env-Hw 705.04 Additional Reporting and Recordkeeping
Requirements.
(a)
The operator of a facility shall report in writing to the department any
instances of non-compliance that threaten public health or the environment, any
planned changes to the facility, and any relevant facts that were not provided
in the permit application of the facility.
(b)
The operator shall comply with the reporting and recordkeeping
requirements of Env-Hw 304.12, and 40 CFR 264.74, 40 CFR 265.74, 40 CFR 264.77
and 40 CFR 265.77, including requirements for saving application records,
certifying facility closure, and complying with land disposal data standards
and other reporting and recordkeeping duties.
(c)
The operator shall submit any additional reports, for example,
monitoring data, specified on the facility’s permit.
(d)
All reports required by permits shall be signed and certified, as
specified in Env-Hw 207, by a person described in 40 CFR 270.11.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08;
(See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff
1-28-09; amd by #10205, eff 10-19-12; ss by #12349,
eff 8-14-17
PART
Env-Hw 706 EMERGENCY ACTIONS; REMEDIAL
ACTIONS
Env-Hw 706.01 Immediate Action After Any Discharge.
(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 owner or operator shall report the discharge:
(1) Immediately, not to exceed one hour from the
discovery of the release; and
(2) To local emergency officials and to:
a. The department’s emergency response team at
the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4
p.m.; or
b.
The New Hampshire state police headquarters communications unit at the
telephone number listed in Appendix E, 24 hours per day.
(b)
The owner and operator also shall comply with the emergency procedures
as specified in 40 CFR 265.56.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for
Env-Hw 700) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12349,
eff 8-14-17
Env-Hw 706.02 Discharge Cleanup.
(a)
The owner and operator shall immediately contain and cleanup, within 24
hours, any discharge of hazardous waste or material that, when discharged,
becomes a hazardous waste.
(b)
If the hazardous waste discharge cannot be or is not cleaned up within
24 hours of the occurrence, the owner or operator shall submit within 5 days of
the discharge a cleanup plan to the department for approval prior to
implementation, except as provided in (f), 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
the department determines that the plan meets the criteria set forth in (c),
above.
(e)
The owner and operator shall implement the cleanup plan as approved by
the department pursuant to (d), above.
(f)
To minimize contamination, reduce risk of exposure, or promote more
timely response actions, the owner or operator may begin discharge response
actions before the cleanup plan is submitted to or approved by the department,
provided the owner or operator:
(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 owner or operator 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 owner or operator shall submit a scope of work proposal
for site investigations pursuant to Env-Or 600 to evaluate the potential
impacts of the release on soil and groundwater.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #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 700) ss by #9367, eff 1-28-09;
ss by #12349, eff 8-14-17
Env-Hw 706.03 Waiver of Permit Requirements for
Emergency Response. Subject to
Env-Hw 701.02(c), 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 701.02(a)(8).
Source.
#7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367,
eff 1-28-09; ss by #12349, eff 8-14-17; ss by #12922, 11-23-19 (See Revision
Note #2 at chapter heading for Env-Hw 700)
PART
Env-Hw 707 REQUIREMENTS FOR EXISTING
FACILITIES
Env-Hw 707.01 Applicability. This part shall apply to:
(a)
A facility that qualifies for interim status until a standard permit is
issued under Env-Hw 300 or until applicable closure and post-closure requirements
of Env-Hw 707.03(a)(11) are met;
(b)
The owner and operator of a facility in existence on July 1, 1980, who
failed to provide timely notification as first required under He-P 1905; and
(c)
The owner and operator of a facility in existence on July 1, 1980, who
failed to file a permit application as first required by He-P 1905.
Source.
#12349, eff 8-14-17
Env-Hw 707.02 General Requirements. To obtain and maintain interim status, as
described under Env-Hw 304.02(e), the operator of an existing facility shall
comply with this part, unless exempt pursuant to Env-Hw 701.02.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94;
ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700)
ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.01)
Env-Hw 707.03 Operation Requirements.
(a)
Operators of existing facilities shall comply with the following
operation requirements:
(1) 40 CFR 265.12, required notices;
(2) 40 CFR 265.13, general waste analysis;
(3) 40 CFR 265.14, security;
(4) 40 CFR 265.15, general inspection
requirements;
(5) 40 CFR 265.16, personnel training;
(6)
40 CFR 265.17, general requirements for ignitable, reactive, or incompatible
wastes, including those wastes or materials listed in 40 CFR 265 Appendix V;
(7) 40 CFR 265.19, construction quality assurance
program;
(8) 40 CFR 265, Subpart C, preparedness and prevention;
(9) 40 CFR 265, Subpart D, contingency plan and
emergency procedures;
(10) 40 CFR 265, Subpart F, groundwater
monitoring;
(11) 40 CFR 265, Subpart G, closure
and post-closure; and
(12) Subject to (b), below, 40 CFR 265, Subpart H,
financial requirements.
(b)
The liability insurance required pursuant to 40 CFR 265.147(b)(1),
identified in (a)(12), above, shall be as specified in 40 CFR 264.147(b)(1)(i) and (ii).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94;
ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01;
(See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff
1-28-09; amd by #10205, eff 10-19-12; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.02)
Env-Hw 707.04 Technical Requirements. An operator of an existing facility shall
comply with the following technical requirements:
(a)
40 CFR 265.1(d);
(b)
40 CFR 265, Subpart I - use and management of containers;
(c)
40 CFR 265, Subpart J - tanks;
(d)
40 CFR 265, Subpart K - surface impoundments;
(e)
40 CFR 265, Subpart L - waste piles;
(f)
40 CFR 265, Subpart M - land treatment;
(g)
40 CFR 265, Subpart N - landfills;
(h)
40 CFR 265, Subpart O - incinerators;
(i) 40 CFR 265, Subpart P - thermal treatment;
(j)
40 CFR 265, Subpart Q - chemical, physical, and biological treatment;
(k)
40 CFR 265, Subpart W - drip pads;
(l) 40 CFR 265, Subpart DD - containment
buildings; and
(m)
40 CFR 265, Subpart EE - hazardous waste munitions and explosives
storage.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by
#9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw
700) ss by #9367, eff 1-28-09; amd by #10739, eff
12-2-14; ss by #12349, eff 8-14-17 (formerly Env-Hw 707.03)
Env-Hw 707.05 Land Disposal Restrictions. Operators of existing facilities shall comply
with Env-Hw 1200 relative to restrictions on land disposal of hazardous wastes.
Source.
#12349, eff 8-14-17
PART
Env-Hw 708 REQUIREMENTS FOR FACILITIES
WITH A STANDARD PERMIT AND/OR A TRANSFER FACILITY PERMIT
Env-Hw 708.01 General Operation Requirements. To maintain a standard permit or a transfer
facility permit, the operator of a facility or transfer facility shall comply
with this part.
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 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 708.02 Operation Requirements.
(a)
An operator of a facility shall comply with the following operation
requirements:
(1) 40 CFR 264.12, required notices;
(2) 40 CFR 264.13, general waste analysis;
(3) 40 CFR 264.14, security;
(4) 40 CFR 264.15, general inspection requirements;
(5) 40 CFR 264.16, personnel training;
(6)
40 CFR 264.17, general requirements for
ignitable, reactive, or incompatible wastes, including those wastes or
materials listed in 40 CFR 264 Appendix V;
(7) 40 CFR 264.18, location standards, except
that the provisions of Env-Hw 304.08(b) shall be applied in lieu of all flood
mitigation provisions set forth in 40 CFR 264.18(b);
(8) 40 CFR 264.19, construction quality assurance
program;
(9) 40 CFR 264, Subpart C, preparedness and
prevention, except that for a transfer facility, aisle space requirements shall
not apply to waste containers stored on a vehicle used to transport that waste;
(10) 40 CFR 264, Subpart D, contingency plan and
emergency procedures;
(11) 40 CFR 264, Subpart F, releases from solid
waste management units;
(12) 40 CFR 264, Subpart G, closure
and post-closure; and
(13) Subject to (b) and (c), below, 40 CFR 264,
Subpart H, financial requirements.
(b)
Documents required by (a)(13), above, may be submitted in unsigned or
signed form with the operator's standard permit or transfer facility permit
application.
(c)
If the documents required by (a)(13), above, are submitted unsigned with
a permit application, the operator shall submit the documents signed:
(1) Before a permit will be issued by the
department for an existing facility; or
(2) For a new facility, at least 60 days before
hazardous waste is first received at the facility.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss
by #7578, eff 10-13-01; (See Revision Note #1 at chapter heading for Env-Hw
700) ss by #9367, eff 1-28-09; amd by #10205, eff
10-19-12; ss by #12349,
eff 8-14-17
Env-Hw 708.03 Technical Requirements. The operator of a facility shall:
(a)
Treat, store, or dispose of wastes according to best engineering
judgment and with the best available technology;
(b)
Design and operate the facility so as to minimize the quantity and
impact of planned and non-planned releases of hazardous waste or waste
constituents into the environment;
(c)
Use the best available solution for managing the hazardous wastes
received; and
(d)
Comply with the following requirements and standards:
(1) 40 CFR 264, Subpart I - use and management of
containers;
(2) 40 CFR 264, Subpart J - tanks;
(3) 40 CFR 264, Subpart K - surface impoundments;
(4) 40 CFR 264, Subpart L - waste piles;
(5) 40 CFR 264, Subpart M - land treatment;
(6) 40 CFR 264, Subpart N - landfills;
(7) 40 CFR 264, Subpart O - incinerators;
(8) 40 CFR 264, Subpart W - drip pads;
(9) 40 CFR 264, Subpart X - miscellaneous units;
(10) 40 CFR 264, Subpart DD - containment
buildings; and
(11) 40 CFR 264, Subpart EE - hazardous waste
munitions and explosives storage.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd
by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367,
eff 1-28-09; ss by #12349, eff 8-14-17
Env-Hw 708.04 Land Disposal Restrictions. Operators of facilities shall comply with
Env-Hw 1200 relative to restrictions on land disposal of hazardous wastes.
Source.
#12349, eff 8-14-17
PART
Env-Hw 709 STANDARDS FOR THE MANAGEMENT
OF CERTAIN HAZARDOUS WASTES AND TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Env-Hw 709.01 Standards. An owner and operator shall comply with the
following standards as applicable to the specific hazardous wastes and facility
types:
(a)
Env-Hw 805 - recyclable materials used in a manner constituting
disposal;
(b)
Env-Hw 806 - hazardous waste burned for energy recovery;
(c)
Env-Hw 808 - recyclable materials used for precious metal recovery;
(d)
Env-Hw 809 - spent lead-acid batteries being reclaimed; and
(e)
40 CFR 266, Subpart M - military munitions.
Source.
#5053, eff 1-24-91, EXPIRED: 1-24-97
New. #7333, eff 8-1-00; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367,
eff 1-28-09; ss by #12349, eff 8-14-17
Appendix A: State Statutes, Federal Regulations
Implemented
Rule Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 701 |
RSA 147-A:3, III, IV, XXV |
40 CFR 264; 40 CFR 265 |
Env-Hw 702 |
RSA 147-A:3, III, IV, VI, VII; RSA 147-A:4 |
40 CFR 264; 40 CFR 265 |
Env-Hw 703-704 |
RSA 147-A:3, V, VI |
40 CFR 264 Subpart E; |
Env-Hw 705 |
RSA 147-A:3, V, VI; RSA 147-B:8 |
40 CFR 264 Subpart E; |
Env-Hw 706 |
RSA 147-A:3, III, IV, VI, VII, XXV; RSA 147-A:11 |
40 CFR 264.56; 40 CFR 265.56 |
Env-Hw 707 |
RSA 147-A:3, III, IV, VII, XIII |
40 CFR 265 |
Env-Hw 708 |
RSA 147-A:3, III, IV, VII, XIII |
40 CFR 264 |
Env-Hw 709 |
RSA 147-A:3, IV |
40 CFR 266 |
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 |