CHAPTER
Env-Hw 800 REQUIREMENTS FOR RECYCLING OF
HAZARDOUS WASTES
Statutory
Authority: RSA 147-A:3; RSA 147-B:7
REVISION NOTE:
Document
#9367, effective 1-28-09, readopted with amendments and redesignated the former
Chapter Env-Wm 800 as Env-Hw 800. The
redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
Document #9367 replaces all prior filings for hazardous waste rules
formerly in Chapter Env-Wm 800. The numerals of the rules remained unchanged,
except for those in Part
Env-Hw 808, where the former Env-Wm 808.01 was deleted, and Env-Wm 808.02
through Env-Wm 808.06 were readopted with amendments and renumbered as Env-Hw
808.01 through Env-Hw 808.05. Except for
Env-Hw 808.01 through Env-Hw 808.05, the source note information for the rules
under Document #9367 refer to those same rule numbers under the subtitle
Env-Wm.
PART
Env-Hw 801 PURPOSE AND DEFINITIONS
Env-Hw 801.01 Purpose. The purpose of this chapter is to:
(a)
Identify those materials that are to be recycled that are wastes and
therefore subject to regulation under Env-Hw 804 through Env-Hw 811;
(b)
Identify those materials that are to be recycled that are not wastes and
therefore not subject to regulation under the hazardous waste rules; and
(c)
Set forth requirements for the management of materials identified both
as wastes and as hazardous wastes, that are to be recycled. Such materials shall be termed recyclable
materials.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09; amd
by #10205, eff 10-19-12; ss by #12350, eff 8-14-17
Env-Hw 801.02 Definitions. For purposes of this chapter, the following
definitions shall apply:
(a)
“Act of marketing” means the transfer of used oil from one party to
another, regardless of whether a fee or charge is collected for the transfer;
(b)
“Hazardous waste fuel” means hazardous waste that is burned for energy
recovery. The term includes fuel
produced from hazardous waste by processing, blending, or other treatment. The term does not include a gas recovered
from hazardous waste management activities when the gas is burned for energy
recovery. For the purposes of this
paragraph, “gas” means material that is in the gaseous state;
(c)
“Recyclable material” means material that is:
(1) A waste as defined in Env-Hw 104;
(2) Identified as a hazardous waste in Env-Hw
400; and
(3) To be recycled as defined in (e), below;
(d)
“Recyclable materials used for precious metal recovery” means recyclable
materials that are reclaimed to recover economically significant amounts of
gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any
combination of these;
(e)
“Recycled” means used, reused, or reclaimed; and
(f)
“Used oil marketer” means any person who engages in the act of marketing
unless exempt under Env-Hw 807.08(b).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09; amd
by #10205, eff 10-19-12; ss by #12350, eff 8-14-17
PART
Env-Hw 802 APPLICABILITY AND EXEMPTIONS
Env-Hw 802.01 Applicability. Subject to Env-Hw 802.02, this chapter shall
apply to the following persons who manage recyclable materials, as defined in
Env-Hw 801.02(c):
(a)
Generators;
(b)
Transporters;
(c)
Owners and operators of facilities that store recyclable materials
before they are recycled, including those facilities that also recycle the
materials; and
(d)
Owners and operators of facilities that recycle recyclable materials
without storing the materials.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by
#12350, eff 8-14-17
Env-Hw 802.02 Exemptions. A recycling process itself shall not be
subject to regulation under the hazardous waste rules.
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 #7578,
eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter
heading for Env-Hw 800) ss by #9367, eff 1-28-09; ss by #12350, eff
8-14-17
PART
Env-Hw 803 CLASSIFICATION OF MATERIALS
BEING RECYCLED
Env-Hw 803.01 Purpose. The purpose of Env-Hw 803, regarding the
identification of materials as wastes, is to establish in this subtitle the
equivalent of the rules set forth under 40 CFR 261.2(c) through (e), 7-1-08
edition.
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 at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09; ss
by #12350, eff
8-14-17
Env-Hw 803.02 Categorization. Materials that are to be recycled, as defined
in Env-Hw 801.02(e), shall be classified as follows:
(a)
Materials that are wastes when recycled, as identified in Env-Hw 803.03,
and therefore subject to regulation as recyclable materials under Env-Hw 804
through Env-Hw 811; and
(b)
Materials that are not wastes when recycled, as identified in Env-Hw
803.04, and therefore not subject to regulation under the hazardous waste
rules.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by
#12350, eff 8-14-17
Env-Hw 803.03 Materials That Are Wastes When Recycled.
(a)
A material shall be a waste when it is recycled, or accumulated, stored,
or treated before recycling, if it is:
(1) Used in a manner constituting disposal such
that it is:
a. Applied to or placed on the land either
without mixing or after mixing with any other substances, such as is prohibited
by Env-Hw 805.02; or
b. Used to produce products that are applied to
or placed on the land or is otherwise contained in products that are applied to
or placed on the land, in which case the product itself shall remain a waste,
unless it is a commercial chemical product listed in Env-Hw 402.04 or
Env-Hw 402.05 being applied to the land in its ordinary manner of use;
(2) Subject to (c), below, burned for energy
recovery such that it is:
a. Burned to recover energy; or
b. Used to produce a fuel or is otherwise
contained in fuels, in which case the fuel itself shall remain a waste;
(3) Reclaimed, except those recycled materials
identified in Env-Hw 803.04(b); or
(4) Accumulated speculatively, as determined in
Env-Hw 811, except for the recycled materials identified in Env-Hw 803.04(c).
(b)
The following recycled materials shall be wastes, even if the recycling
involves use, reuse, or return to the original process, as specified in Env-Hw
803.04(a):
(1) Materials used in a manner constituting
disposal, or used to produce products that are applied to the land;
(2) Materials burned for energy recovery, used to
produce a fuel, or contained in fuels;
(3) Materials accumulated speculatively;
(4) Inherently waste-like material as defined in
Env-Hw 103; or
(5) Materials classified by the commissioner or
designee as inherently waste-like using the following criteria:
a. The materials are ordinarily disposed of,
burned, or incinerated, or the materials contain toxic constituents listed in
40 CFR 261 Appendix VIII, and these constituents are not ordinarily found in raw
materials or products for which the materials substitute, or are found in raw
materials or products in smaller concentrations, and are not used or reused
during the recycling process; and
b. The materials pose a hazard to human health
and the environment when recycled.
(c)
Notwithstanding (a)(2), above, a commercial chemical product is not a
waste if it is itself a fuel.
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 #7578,
eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter
heading for Env-Hw 800) ss by #9367, eff 1-28-09; ss by #12350, eff
8-14-17
Env-Hw 803.04 Materials That Are Not Wastes When
Recycled.
(a)
Except as set forth in Env-Hw 803.03(b), a material shall not be a waste
when it can be shown to be recycled by being:
(1) Used or reused as an ingredient in an
industrial process to make a product, provided the material is not being
reclaimed;
(2) Used or reused as an effective substitute for
commercial products, provided the material is not being reclaimed; or
(3) Returned to the original process from which
it is generated, without first being reclaimed or land disposed, if such material is:
a. Returned as a substitute for feedstock
materials; and
b. In cases where the original process to which
the material is returned is a secondary process, managed such that it is not
placed on land.
(b)
The following materials shall not be wastes when recycled by being
reclaimed:
(1)
Sludges, as defined in Env-Hw 104, that
are deemed to be hazardous solely because they exhibit one or more of the
characteristics of hazardous waste set forth in Env-Hw 403;
(2) By-products, as defined in Env-Hw 103, that
are deemed to be hazardous solely because they exhibit one or more of the
characteristics of hazardous waste set forth in Env-Hw 403;
(3) Commercial chemical products listed in Env-Hw
402.04 or Env-Hw 402.05; and
(4) Commercial chemical products not listed in
Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because
they exhibit one or more of the characteristics of hazardous waste set forth in
Env-Hw 403, except when they are recycled in ways that differ from their normal
manner of use.
(c)
The following materials shall not be wastes when they are accumulated
speculatively, as determined in Env-Hw 811:
(1) Commercial chemical products listed in Env-Hw
402.04 or Env-Hw 402.05; and
(2) Commercial chemical products not listed in
Env-Hw 402.04 or Env-Hw 402.05 that are deemed to be hazardous solely because
they exhibit one or more of the characteristics of hazardous waste set forth in
Env-Hw 403, except when they are recycled in ways that differ from their normal
manner of use.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800) ss by #9367, eff 1-28-09; ss
by #12350, eff
8-14-17
Env-Hw 803.05 Documentation of Claims That Recycled
Materials Are Not Wastes or Are Exempt from Regulation. A person who claims that a certain recycled
material is not a hazardous waste or is exempt from regulation under the
hazardous waste rules shall comply with Env-Hw 401.03(j).
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800) ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
PART
Env-Hw 804 REQUIREMENTS FOR MANAGEMENT
OF RECYCLABLE MATERIALS
Env-Hw
804.01 Requirements.
(a) Recyclable materials, as defined in Env-Hw
801.02(c), shall be managed as set forth in Env-Hw 804 unless specifically
exempt as specified in Env-Hw 401.03(b)(36) through (40).
(b)
Except as set forth in Env-Hw 804.02, a person who manages recyclable
materials shall comply with the following requirements:
(1) A generator of recyclable materials shall be
subject to Env-Hw 500;
(2) A transporter of recyclable materials shall
be subject to Env-Hw 600;
(3) An owner or operator of a facility that
stores recyclable materials before they are recycled, including a facility that
also recycles the materials, shall be subject to Env-Hw 300 and Env-Hw 700; and
(4) An owner or operator of a facility that
recycles recyclable materials without storing the materials before they are
recycled shall be subject to the following:
a.
Notification requirements as set forth in Env-Hw 702;
b.
Manifest requirements as set forth in Env-Hw 703; and
c.
Biennial reporting requirements as set forth in Env-Hw 705.03.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96;
ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; amd by #10205,
eff 10-19-12; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 804.02 Requirements for Management of Specific
Recyclable Materials.
(a)
Generators, transporters, and owners and operators of facilities that
store recyclable materials before they are recycled, who manage the recyclable
materials specified in (b) through (f), below, shall not be subject to Env-Hw
804.01(b), but instead shall be subject to Env-Hw 805 through Env-Hw 809,
respectively.
(b)
Recyclable materials used in a manner constituting disposal shall be
managed in accordance with Env-Hw 805.
(c)
Hazardous waste fuels burned for energy recovery in boilers and
industrial furnaces that are not regulated under Env-Hw 707 or Env-Hw 708 shall
be managed in accordance with Env-Hw 806.
(d)
Used oil being recycled shall be managed in accordance with Env-Hw 807.
(e)
Recyclable materials used for precious metal recovery shall be managed
in accordance with
Env-Hw 808.01 through Env-Hw 808.04 or, if applicable, in accordance with
Env-Hw 808.05 or
Env-Hw 808.06.
(f)
Spent lead-acid batteries that are being reclaimed shall be managed in
accordance with
Env-Hw 809 or Env-Hw 1100.
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; amd by #7578, eff 10-13-01; ss by #9215,
INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800); ss
by #9367, eff
1-28-09; ss by #12350, eff 8-14-17
PART
Env-Hw 805 RECYCLABLE MATERIALS USED IN
A MANNER CONSTITUTING DISPOSAL
Env-Hw 805.01 Requirements That Apply to Using
Recyclable Materials in a Manner Constituting Disposal.
(a)
Recyclable materials used in a manner constituting disposal as described
in Env-Hw 803.03 shall be subject to this part.
(b)
Generators and transporters of recyclable materials that are used in a
manner that constitutes disposal shall be subject to the applicable
requirements of Env-Hw 300, Env-Hw 500 and Env-Hw 600.
(c)
Owners and operators of facilities that store recyclable materials that
are to be used in a manner that constitutes disposal, but that are not the
ultimate users of the materials, shall be subject to Env-Hw 300 and Env-Hw 700.
(d)
Subject to 40 CFR 266.20(b) and (c), owners and operators of facilities
that use recyclable materials in a manner that constitutes disposal shall be
subject to Env-Hw 300, Env-Hw 700, and
Env-Hw 1200.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
Env-Hw 805.02 Materials Not to Be Used on Roads or
Otherwise Applied to Land.
(a)
The materials listed in (b), below, shall not be:
(1) Used for dust suppression or road treatment;
or
(2) Otherwise applied to land in a manner
constituting disposal.
(b)
The prohibitions in (a), above, shall apply to:
(1) Discarded oil or other material that is
contaminated with dioxin;
(2) Any used oil as defined in Env-Hw 104; and
(3) Any hazardous waste or any material
contaminated with hazardous waste.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly
Env-Hw 805.01(e))
PART
Env-Hw 806 HAZARDOUS WASTE FUELS BURNED
FOR ENERGY RECOVERY
Env-Hw 806.01 Applicability. This part shall apply to hazardous waste
fuels, as defined in
Env-Hw 801.02(b), that are burned for energy recovery in any boiler or
industrial furnace that is not regulated under Env-Hw 707 or Env-Hw 708.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; amd
by #10205, eff 10-19-12; ss by #12350, eff 8-14-17
Env-Hw 806.02 Generator Requirements.
(a)
A generator of hazardous waste that is used as a fuel or to produce a
fuel shall be subject to Env-Hw 500.
(b)
A generator who markets hazardous waste fuel to a burner shall also be
subject to Env-Hw 806.04.
(c)
A generator who burns hazardous waste fuel shall also be subject to
Env-Hw 806.05.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
Env-Hw 806.03 Transporter Requirements. A transporter of hazardous waste fuel or
hazardous waste that is used to produce a fuel shall be subject to Env-Hw 600.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff
8-14-17
Env-Hw 806.04 Hazardous Waste Fuel Marketer Requirements.
(a)
“Hazardous waste fuel marketer (HWF marketer)” means:
(1) A generator who markets hazardous waste fuel
directly to a burner;
(2) A person who receives hazardous waste from
generators and produces, processes, or blends hazardous waste fuel from the
hazardous waste; and
(3) A person who distributes but does not process
or blend hazardous waste fuel.
(b)
A HWF marketer shall be subject to:
(1) The notification requirements of Env-Hw 702;
(2) The permitting requirements of Env-Hw 300, if
applicable;
(3) The accumulation and storage requirements set
forth in Env-Hw 500 and Env-Hw 700; and
(4) The requirements set forth in Env-Hw 500 when
a HWF marketer initiates a shipment of hazardous waste fuel.
(c)
A HWF marketer shall notify the department of hazardous waste fuel
activities even if the HWF marketer has previously obtained an EPA
identification number for other hazardous waste management activities.
(d)
Before a HWF marketer initiates the first shipment of hazardous waste
fuel to a burner or another HWF marketer, the HWF marketer shall obtain a
one-time written and signed notice from the recipient certifying, as specified
in Env-Hw 207, that:
(1) The recipient of the fuel has notified the
department to identify the recipient’s hazardous waste fuel activities; and
(2) If the recipient is a hazardous waste fuel
burner, as defined in Env-Hw 806.05(a), the recipient will burn the hazardous
waste fuel only in an industrial furnace or boiler identified in Env-Hw
806.05(g).
(e)
A person shall only market hazardous waste fuel:
(1) To persons who have notified the department
of their hazardous waste fuel activities and have an EPA identification number;
and
(2) If the fuel is burned, to persons who burn
the fuel in boilers or industrial furnaces identified in Env-Hw 806.05(g).
(f)
Before accepting the first shipment of hazardous waste fuel from another
HWF marketer, the receiving HWF marketer shall provide the shipping HWF
marketer with a one-time written and signed statement certifying, as specified
in Env-Hw 207, that the receiving HWF marketer has notified the department as
specified in (b)(1) and (c), above, to identify hazardous waste fuel
activities.
(g)
In addition to the applicable recordkeeping requirements of Env-Hw 500
and Env-Hw 700, the HWF marketer shall keep, for 3 years from the date the HWF
marketer last engages in a hazardous waste fuel marketing transaction with the
person who sends or receives the certification notice, a copy of each
certification notice the HWF marketer receives or sends.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; amd
by #10205, eff 10-19-12; ss by #12350, eff 8-14-17
Env-Hw 806.05 Hazardous Waste Fuel Burner Requirements.
(a)
“Hazardous waste fuel burner (HWF burner)” means an owner or operator of
an industrial furnace or boiler identified in (g), below, that burns hazardous
waste fuel.
(b)
A HWF burner shall:
(1) Notify the department of its hazardous waste
fuel activities in accordance with Env-Hw 702; and
(2) Comply with the following storage requirements:
a. For accumulation for less than 90 days by
generators who burn their hazardous waste fuel on site, the accumulation and
storage requirements as set forth in Env-Hw 500; and
b. For existing or new storage facilities, the
applicable provisions of Env-Hw 300 and Env-Hw 700.
(c)
A HWF burner shall notify the department of hazardous waste fuel
activities even if the HWF burner has previously obtained an EPA identification
number for other hazardous waste management activities.
(d)
An owner or operator of a facility who intends to burn hazardous waste
fuel shall obtain any required permits relating to control of air emissions
from the department under RSA 125-C prior to burning such fuels.
(e)
Before accepting the first shipment of hazardous waste fuel from a HWF
marketer, the HWF burner shall provide the marketer a one-time written and
signed notice certifying, as specified in Env-Hw 207, that:
(1) The HWF burner has notified the department of
the burner’s hazardous waste fuel activities; and
(2) The HWF burner will burn the fuel only in a
boiler or furnace as identified in (g), below.
(f)
In addition to the applicable recordkeeping requirements of Env-Hw 500
and Env-Hw 700, a HWF burner shall keep, for 5 years from the date the burner
last receives hazardous waste fuel from that marketer, a copy of each
certification notice that the burner sends to a marketer.
(g)
Hazardous waste fuel shall be burned for energy recovery in the
following devices only:
(1) Industrial furnaces as defined in Env-Hw 103;
or
(2) Boilers, as defined in Env-Hw 103, that are:
a. Industrial boilers located on the site of a
facility engaged in a manufacturing process where substances are transformed
into new products, including the component parts of products, by mechanical or
chemical processes; or
b. Utility boilers used to produce electric
power, steam, or heated or cooled air or other gases or fluids for sale.
(h)
No fuel that contains any hazardous waste shall be burned in any cement
kiln located within the boundaries of any incorporated municipality having a
population greater than 500,000, based on the most recent federal census
statistics, unless such kiln fully complies with Env-Hw 707.04(h) and Env-Hw
708.03(d)(7) as applicable to incinerators.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
PART
Env-Hw 807 REQUIREMENTS FOR MANAGEMENT
OF USED OIL BEING RECYCLED
Env-Hw 807.01 Applicability, Exemptions, and
Prohibitions.
(a)
This part shall apply to:
(1) Used oil, as defined in Env-Hw 104;
(2) Any person who generates, transports,
collects, or markets used oil destined to be recycled by being burned for
energy recovery or rerefined; and
(3) Any person who burns used oil fuel for energy
recovery, except where exempt as specified in (d), below.
(b)
Any person who stores used oil in aboveground storage tanks shall comply
with all applicable state and local requirements pertaining to storage of
petroleum products, including Env-Or 300 and the provisions of the state fire
code that apply to flammable and combustible materials, currently Saf-C 6009,
as may be amended pursuant to RSA 153:5, I.
(c)
Any person who stores used oil in underground storage tanks of any
capacity shall comply with Env-Or 400, excluding Env-Or 401.02 relating to excluding
tanks having a capacity of 110 gallons or less and Env-Or 401.03 relating to
exclusions.
(d)
A person who generates used oil as a household waste shall be exempt
from this part.
(e)
Recycling of used oil shall be subject to the following prohibitions:
(1) Used oil shall not be applied to roads or
other land areas for the purpose of dust suppression or any other reason. Use of used oil for such purposes shall be
deemed to be disposal of hazardous waste;
(2) Off-specification used oil, as defined in
Env-Hw 807.03, shall not be used as an automotive undercoating; and
(3) Used oil shall not be mixed with any other
waste identified as a hazardous waste under Env-Hw 400, unless it is being
purposely blended with hazardous waste to formulate a hazardous waste fuel to
be burned pursuant to Env-Hw 806.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd 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 at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
Env-Hw 807.02 Specification Used Oil. Used oil shall be classified as specification
used oil if the oil:
(a)
Has not been mixed with hazardous waste; and
(b)
Meets all of the standards in Table 8.1 below and does not otherwise
exhibit any hazardous waste characteristics specified in Env-Hw 403:
Table
8.1 Specification Used Oil Standards |
|
|
|
Constituent/Property |
Allowable Level |
Arsenic |
5
parts per million, dry weight basis (ppm-dw) maximum |
Cadmium |
2
ppm-dw maximum |
Chromium |
10
ppm-dw maximum |
Lead |
100
ppm-dw maximum |
Flash
point |
100
degrees Fahrenheit minimum |
Polychlorinated
biphenyls (PCBs) |
less
than 2 ppm-dw |
Total
halogens |
1,000
ppm-dw maximum |
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215,
INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800); ss
by #9367, eff
1-28-09; ss by #12350, eff 8-14-17
Env-Hw 807.03 Off-Specification Used Oil.
(a)
Used oil shall be classified as off-specification used oil if the oil:
(1) Does not meet all of the standards in Table
8.1;
(2) Has not been mixed with hazardous waste; and
(3) Meets the standards in Table 8.2 below and
does not otherwise exhibit any hazardous waste characteristics specified in
Env-Hw 403:
Table
8.2 Off-Specification Used Oil
Standards |
|
Constituent/Property |
Allowable Level |
Arsenic |
18
ppm-dw maximum |
Cadmium |
10
ppm-dw maximum |
Chromium |
35
ppm-dw maximum |
Lead
|
1,000
ppm-dw maximum |
Flash
point |
100
degrees Fahrenheit minimum |
Total
halogens |
1,000
ppm-dw maximum, unless the presumption that the oil was mixed with
halogenated hazardous waste has been rebutted as described in Env-Hw
807.04(c) |
(b)
Except as provided in Env-Hw 401.03(b)(26), used oil containing
polychlorinated biphenyls (PCBs) at concentrations greater than or equal to 2
ppm shall be classified as off-specification used oil that is subject to all
requirements for managing off-specification used oil in Env-Hw 807. Used oil containing PCBs also shall be
subject to regulation under the Toxic Substances Control Act and its rules
codified under 40 CFR Part 761.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215,
INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 800); ss
by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
Env-Hw 807.04 Used Oil That Exceeds Standards for
Off-Specification Used Oil.
(a)
Except as provided in (b), below, used oil shall be managed in
accordance with Env-Hw 300,
Env-Hw 500, Env-Hw 600 and Env-Hw 700 if it:
(1) Has been mixed with hazardous waste;
(2) Exhibits a hazardous waste characteristic as
set forth in Env-Hw 403, except as provided for in Env-Hw 807.02 or Env-Hw
807.03; or
(3) Does not meet the standards for
off-specification used oil specified in Env-Hw 807.03.
(b)
Used oil regulated pursuant to this section that is burned for energy
recovery shall be managed as a hazardous waste fuel in accordance with Env-Hw
806.
(c)
Used oil containing more than 1,000 ppm of total halogens shall be presumed
by the department to have been mixed with halogenated hazardous waste listed in
Env-Hw 400. A person may rebut this
presumption by providing conclusive information that the used oil has not been
mixed with halogenated hazardous waste listed in Env-Hw 400. Used oil that has not been mixed with
halogenated hazardous waste may be managed as off-specification used oil
provided the oil meets the requirements of Env-Hw 807.03.
(d)
Used oil regulated under Env-Hw 807.04 shall not be blended to meet the
standards specified in Env-Hw 807.02 or Env-Hw 807.03.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by
#12350, eff 8-14-17
Env-Hw 807.05 Sampling and Analytical Methods. Sampling and analysis of used oil shall be
conducted in accordance with Env-Hw 401.04.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
Env-Hw 807.06 Standards for Generators of Used Oil Being
Recycled.
(a)
This section shall apply to:
(1) Any person who generates used oil that is
destined to be burned for energy recovery or re‑refined; and
(2) Any person, including any municipality, that
collects used oil generated as a household waste as described in (b)(7), below.
(b)
A generator who stores used oil on-site shall comply with the following
requirements:
(1) The used oil shall be stored in containers
that meet the US DOT container specifications under 49 CFR 173 or in a
structurally sound tank;
(2) Used oil containers and tanks shall be
clearly labeled with the words "Used Oil for Recycle" at all times
during accumulation and storage;
(3) A generator shall ensure that containers or
tanks are closed at all times except when used oil is being added to or removed
from the container or tank;
(4) All tanks and containers shall be maintained
and operated to prevent spillage, seepage, or other discharge of used oil into
storm or sanitary sewers, onto the land, or into groundwater or surface waters;
(5) Subject to (b)(7), below, a generator shall
conduct an initial used oil determination on the used oil by analyzing it for
all of the parameters specified in Env-Hw 807.02 and Env-Hw 807.03, except that
a generator may omit the analysis for PCBs if no sources of PCBs are present in
the process generating the used oil;
(6) The analysis required by (b)(5), above, shall
be repeated whenever the process generating the used oil changes, or the oil
has been mixed with other materials. In
cases where used oils from 2 or more different sources are collected in one
container or tank in proportions that vary over time, the generator shall
conduct analyses with sufficient frequency to ensure that the oil is correctly
classified before being offered for transport;
(7) A municipality that collects used oil
generated as a household waste and a generator of used oils that are comprised
solely of used automotive oils may omit the initial used oil determination
required by (b)(5) and (6), above, if the municipality or generator ensures
that the oil is not mixed with any other types of oil or wastes. For the purposes of this exemption,
automotive oil means motor, engine, and gear oils, and transmission and brake
fluids;
(8) A generator shall not mix used oil with any
other hazardous waste;
(9) A generator shall deliver used oil to a
facility authorized to accept used oil, or burn the used oil on-site in
accordance with Env-Hw 807.10;
(10) Subject to (b)(12), below, used oil shall be
transported by duly registered hazardous waste transporters only, using a
3-copy bill of lading that contains the information specified in (b)(11),
below;
(11) Each bill of lading for used oil shall
include the following information:
a. A shipment number unique to each shipment;
b. The name and site address of the
generator/shipper, transporter/carrier, and receiving facility/consignee;
c. The EPA identification number of:
1. The shipper, if the shipper is required by
Env-Hw 504 to have a number;
2. The transporter; and
3. The receiving facility;
d. The quantity of used oil to be delivered;
e. The date of shipment and date of delivery;
and
f. A statement signed by the generator
certifying, as specified in Env-Hw 207, that the used oil:
1. Is destined to be recycled and is subject to
regulation by the department under
Env-Hw 807;
2. Is not a hazardous waste fuel as defined in
Env-Hw 807.04; and
3. Has not been mixed with any other hazardous
wastes identified in Env-Hw 400 or any used oil classified as hazardous waste
fuel under Env-Hw 807.04;
(12) If specification or off-specification used
oil is being shipped within New Hampshire or to state that requires the use of
a hazardous waste manifest:
a. A hazardous waste manifest may be used in
lieu of a bill of lading; and
b. The NH01 waste code shall not be recorded on
the manifest;
(13) Generators who market their used oil directly
to a burner shall comply with Env-Hw 807.09;
(14) Generators who burn their own used oil shall
comply with Env-Hw 807.10; and
(15) Generators shall maintain on file copies of:
a. All bills of lading for 3 years from the date
of shipment; and
b. Used oil analyses for 3 years from the date
that the used oil was last generated, stored, or burned on site.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision
Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss by
#12350, eff 8-14-17; amd by #12922, eff 11-23-19
Env-Hw 807.07 Standards for Transporters of Used Oil
Being Recycled.
(a)
Subject to (b), below, a transporter of used oil being recycled shall comply
with Env-Hw 600.
(b)
Any generator transporting up to 110 gallons at a time of the
generator’s own used oil shall comply with (c) and (d), below, in lieu of
complying with Env-Hw 600.
(c)
A bill of lading shall be used for transportation of used oil in
accordance with Env-Hw 807.06(b)(11) in lieu of the uniform hazardous waste
manifest required by Env-Hw 604, except in cases where specification or
off-specification used oil is being shipped within New Hampshire or to a state
or jurisdiction that requires the use of a hazardous waste manifest for used
oil, in which case the NH01 waste code shall not be recorded on the manifest.
(d)
The transporter shall keep a copy of the bill of lading for each
shipment on file for 3 years from the date of shipment. The 3-year record retention period shall be
extended automatically while any enforcement action is pending.
(e)
A transporter shall submit an annual used oil activity report for any
used oil transported in the immediately preceding calendar year, as specified
in (f) through (h), below.
(f)
The report required by (e), above, shall include the following
information on a form obtained from the department:
(1) The name, mailing address, contact person,
telephone number, New Hampshire transporter registration number, and EPA
identification number of the transporter;
(2) The reporting year; and
(3) The total amount of used oil transported
within the reporting year, including the total amounts of specification and of
off-specification used oil transported from:
a. In-state generators to in-state burners;
b. In-state generators to in-state marketers;
c. In-state generators to out-of-state entities;
d. In-state marketers to in-state and
out-of-state entities;
e. Out-of-state entities to in-state burners;
and
f. Out-of-state entities to in-state marketers.
(g)
A responsible company official shall certify, as specified in Env-Hw
207, the report.
(h)
The report shall be submitted to the department by March 1 of the year
immediately following the reporting year.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd 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 at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
Env-Hw 807.08 Identification of Marketers of Used Oil
Being Recycled.
(a)
The following persons shall be classified as used oil marketers:
(1) Generators who market their used oil directly
to one or more burners;
(2) Persons who receive used oil from generators
and produce, process, or blend used oil fuel from the used oils received,
including persons sending blended or processed used oil to brokers or other
intermediaries; and
(3) Persons, including transporters who take
ownership of the oil they collect, who distribute but do not process or blend
used oil.
(b)
Subject to (c), below, the following persons shall not be classified as
used oil marketers unless they transfer their used oil directly to a person who
burns it for energy recovery:
(1) Used oil generators; and
(2) Transporters who transport used oil received
only from generators.
(c)
A person who burns some used oil fuel incidental to processing or other
treatment to produce used oil fuel for marketing shall not be classified as a
used oil fuel burner who is subject to Env-Hw 807.10.
(d)
Generators, and transporters who collect used oil only from generators,
who transfer used oil only to incidental burners as described in (c), above,
shall not be classified as marketers who are subject to
Env-Hw 807.09.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
Env-Hw 807.09 Standards for Marketers of Used Oil Being
Recycled.
(a)
This section shall apply to all used oil marketers as identified in
Env-Hw 807.08.
(b)
A used oil marketer shall comply with the following requirements:
(1) A used oil marketer shall notify the
department of used oil management activities by completing and submitting to
the department a notification form obtained from the department that includes
the following:
a. The information specified in Env-Hw
504.02(a), as applicable; and
b. A statement signed by the marketer’s
authorized representative certifying, as specified in Env-Hw 207, the
information provided on the notification form.
(2) A used oil marketer shall notify the
department of used oil management activities even if the used oil marketer has
previously obtained an EPA identification number for other hazardous waste
management activities;
(3) A marketer shall perform sampling and
analyses in accordance with Env-Hw 807.05 for the parameters specified in
Env-Hw 807.02 and Env-Hw 807.03 on used oil being marketed;
(4) A marketer shall assign a unique number or
code to each batch of used oil tested and record the number or code on the
corresponding analytical reports and on the bill of lading or hazardous waste
manifest documenting shipment of that batch;
(5)
If a previously tested batch is
subsequently mixed with more used oil, a new number or code shall be assigned
to the consolidated batch and testing shall be repeated prior to marketing;
(6) A marketer may market specification or
off-specification used oil subject to the following restrictions:
a. Off-specification used oil shall be marketed
only to rerefiners or to owners and operators of burning devices identified in
Env-Hw 807.10(b)(4), or to other marketers; and
b. Specification used oil shall be marketed only
to rerefiners or to owners and operators of burning devices identified in
Env-Hw 807.10(b)(5), or to other marketers;
(7) When initiating a shipment of used oil, a
marketer shall use a 3-copy bill of lading as described in Env-Hw
807.06(b)(11);
(8) In addition to the information required by
Env-Hw 807.06(b)(11), a marketer shall indicate, on the bill of lading, the
batch code or number corresponding to the batch being shipped and whether the
oil is specification or off-specification used oil;
(9) A copy of the analytical report shall
accompany the bill of lading;
(10)
The marketer, transporter, and the
receiving facility shall each maintain on file a copy of the bill of lading;
(11) The following notices shall be required:
a. Before initiating the first shipment of used
oil to a burner, rerefiner, or other marketer, the marketer shall obtain a
one-time written and signed notice from the recipient certifying, as specified
in Env-Hw 207, that:
1. The recipient of the used oil has notified
the department of the recipient's used oil management activities; and
2. If the recipient is a burner, the recipient
will burn the used oil only in a device that complies with Env-Hw 807.10; and
b. Before accepting the first shipment of used
oil from another marketer subject to this section, the receiving marketer shall
provide the shipping marketer with a one-time written and signed notice
certifying, as specified in Env-Hw 207, that the receiving marketer has
notified the department of the receiving marketer's used oil management
activities;
(12) A marketer shall keep the following records
on file:
a. A copy of each certification notice that the
marketer receives or sends for 3 years from the date the marketer last engages
in a used oil marketing transaction with the person who sends or receives the
certification notice;
b. Copies of all used oil analysis reports for 3
years from the date that the oil is marketed to another marketer, rerefiner, or
burner;
c. A copy of each bill of lading for 3 years
from the date of shipment; and
d. An operating log, with the following
information regarding each shipment of used oil fuel, for 3 years from the date
of shipment:
1. The name and address of the facility
receiving the shipment;
2. The quantity of used oil fuel delivered;
3. The date of shipment or delivery; and
4. A cross-reference to the record of the used
oil analysis, including the batch code or number; and
(13) The 3-year record retention period specified
in (b)(12), above, shall be extended automatically while any enforcement action
is pending.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
Env-Hw 807.10 Standards for Burners of Used Oil Fuel.
(a)
For the purpose of this section, “used oil fuel burner (UOF burner)”
means an owner or operator of an industrial furnace, boiler, or space heater
identified in (b)(4) - (6), below, that burns used oil fuel, except as
specified in Env-Hw 807.08(c).
(b)
A UOF burner shall comply with the following standards:
(1)
A UOF burner shall notify the department of its used oil management activities
by completing and submitting to the department a notification form obtained
from the department that includes the following:
a. The information specified in Env-Hw
504.02(a), as applicable; and
b. A statement signed by the burner’s authorized
representative certifying, as specified in Env-Hw 207, the information provided
on the notification form.
(2) A UOF burner shall notify the department of
used oil management activities even if the UOF burner has previously obtained
an EPA identification number for other hazardous waste management activities;
(3) Owners and operators of facilities who intend
to burn used oil fuel shall also notify the department's air resources division
to secure any required permits prior to burning such fuels;
(4) Off-specification used oil fuel shall be
burned only in the following devices:
a. Industrial furnaces as defined in Env-Hw 103;
b. Boilers, as defined in Env-Hw 103, that are:
1. Industrial boilers located on the site of a
facility engaged in a manufacturing process where substances are transformed
into new products, including the component parts of products, by mechanical or
chemical processes; or
2. Utility boilers used to produce electric
power, steam, or heated or cooled air or other gases or fluids for sale; or
c. Used oil fired space heaters, provided that:
1. The heater is designed to have a maximum
capacity of not more than 0.5 million Btu per hour;
2. Combustion gases from the heater are vented
to the outside ambient air; and
3. The burner burns only used oil that is
generated on site;
(5) Specification used oil fuel shall be burned
only in the following devices:
a. Oil furnaces and boilers, except those
located at private residences, hotels, motels, apartment buildings, and
residential institutions including hospitals, residential treatment facilities,
and retirement homes; or
b. Used oil fired space heaters, provided that
the heater is designed to have a maximum capacity of not more than 0.5 million
Btu per hour, and combustion gases from the heater are vented to the outside
ambient air;
(6) Used oils containing greater than or equal to
2 ppm PCBs shall be burned only in units allowed under 40 CFR 761.60, pursuant
to the Toxic Substances Control Act;
(7) A UOF burner shall perform analyses of the
oil for the parameters outlined in Env-Hw 807.02 and Env-Hw 807.03, unless:
a. The UOF burner has received the used oil fuel
from a UOF marketer that has tested the batch in question and has provided a
copy of the resulting analytical report to the burner;
b. The UOF burner is burning only used
automotive oil that is generated on-site; or
c. The UOF burner is burning only used oil
collected from persons generating the oil as a household waste;
(8) Before accepting the first shipment of
off-specification used oil fuel from a marketer, a UOF burner shall provide the
marketer a one-time written and signed notice certifying, as specified in
Env-Hw 207, that:
a. The burner has notified the department of the
location and general description of the burner's used oil management
activities; and
b. The burner will burn the used oil only in a
device specified in this section;
(9) A UOF burner shall keep the following records
on file:
a. A copy of each certification notice that the
burner sends to a marketer for 3 years from the date the burner last receives
used oil fuel from that marketer;
b. Copies of all used oil fuel analysis reports
for 3 years from the date that the oil is received at the burner's facility;
and
c. A copy of each bill of lading for 3-years
from the date that the oil is received at the burner's facility;
(10)
The 3-year record retention period
specified in (b)(9), above, shall be extended automatically while any
enforcement action is pending; and
(11) A UOF burner shall comply with all applicable
state and local requirements pertaining to the burning of petroleum products,
including provisions of the state fire code that apply to oil burning
equipment, currently at Saf-C 6012, as may be amended pursuant to RSA 153:5, I.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision
Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss by
#12350, eff 8-14-17
PART
Env-Hw 808 RECYCLABLE MATERIALS USED FOR
PRECIOUS METAL RECOVERY
Env-Hw 808.01 Applicability and Exemptions.
(a)
This part shall apply to recyclable materials used for precious metal
recovery and any person who generates, transports, or stores recyclable materials
used for precious metal recovery, except as specified in Env-Hw 808.06.
(b)
Subject to Env-Hw 808.02, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 500
shall not apply to a person who generates recyclable materials used for
precious metal recovery.
(c)
Subject to Env-Hw 808.03, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 600
shall not apply to a person who transports recyclable materials used for
precious metal recovery.
(d)
Subject to Env-Hw 808.04, Env-Hw 808.05, and Env-Hw 808.06, Env-Hw 300 and
Env-Hw 700 shall not apply to a person who stores recyclable materials used for
precious metal recovery.
Source.
#12350, eff 8-14-17
Env-Hw 808.02 Generator Requirements. Any person who generates recyclable materials
used for precious metal recovery shall comply with:
(a)
The notification requirements of Env-Hw 504;
(b)
The manifest requirements of Env-Hw 510;
(c) As applicable, either:
(1) The small quantity generator
self-certification requirements of Env-Hw 514; or
(2) The certified hazardous waste coordinator
requirements of Env-Hw 509.04;
(d)
The notification requirements of Env-Hw 1200; and
(e)
For precious metals exported to or imported from other countries for
recovery, 40 CFR 262 Subpart H and 40 CFR 265.12.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800) ss by #9367, eff 1-28-09; ss by #10494, eff 1-1-14; ss by #12350,
eff 8-14-17 (formerly Env-Hw 808.01); ss by #12922, eff 11-23-19
Env-Hw 808.03 Transporter Requirements. Any person who transports recyclable
materials used for precious metal recovery shall comply with:
(a)
The notification requirements of Env-Hw 602;
(b)
The manifest requirements of Env-Hw 604;
(c)
The delivery requirements of Env-Hw 606;
(d)
The registration requirements of Env-Hw 609; and
(e)
For precious metals exported to or imported from other countries for
recovery, 40 CFR 262 Subpart H and 40 CFR 265.12.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note
at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff
8-14-17 (formerly Env-Hw 808.02); ss by #12922, eff 11-23-19
Env-Hw 808.04 Storage Facility Requirements. Any person who stores recyclable materials
used for precious metal recovery shall:
(a)
Comply with:
(1) The notification requirements of Env-Hw 702;
(2) The manifest requirements of Env-Hw 703; and
(3) For precious metals exported to or imported
from other countries for recovery, 40 CFR 262 Subpart H and 40 CFR 265.12; and
(b)
To document that the materials are not being accumulated speculatively,
as determined under
Env-Hw 811, maintain records of:
(1) The amount of materials stored at the
beginning of the calendar year;
(2) The amount of materials generated or received
during the calendar year; and
(3) The amount of materials remaining at the end
of the calendar year.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17 (formerly
Env-Hw 808.03); ss by #12922, eff 11-23-19
Env-Hw 808.05 Speculative Accumulation of Recyclable
Materials Used for Precious Metal Recovery.
Recyclable materials used for precious metal recovery that are
accumulated speculatively, as determined under Env-Hw 811, shall be regulated
as hazardous wastes under Env-Hw 100-700 and not regulated as recyclable
materials under this chapter.
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 at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17 (formerly Env-Hw 808.04)
Env-Hw 808.06 Increased Regulation of Recyclable
Materials Used for Precious Metal Recovery.
(a)
Any person who accumulates or stores recyclable materials used for
precious metal recovery in a manner that does not protect human health and the
environment, as determined in accordance with
40 CFR 260.40, shall comply with Env-Hw 300, 500, 600, and 700, as applicable.
(b) For purposes of making a determination
pursuant to (a), above, the department shall use the standards and procedures
established in 40 CFR 260.40 and 40 CFR 260.41, with the following
modifications:
(1) “Regional administrator” or “administrator”
shall mean the commissioner or designee;
(2) “Subparts A, C, D, and E of part 262 of this
chapter” and “part 262” as used in
40 CFR 260.41(a) shall mean Env-Hw 500, Env-Hw 600, and Env-Hw 700; and
(3) “Parts 270 and 124 of this chapter” as used
in 40 CFR 260.41(b) shall mean Env-Hw 300.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff
2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350,
eff 8-14-17 (formerly Env-Hw 808.05)
PART
Env-Hw 809 SPENT LEAD-ACID BATTERIES
BEING RECLAIMED
Env-Hw 809.01 Applicability.
(a)
This part shall apply to any person who:
(1) Generates or collects spent lead-acid
batteries destined for reclamation;
(2) Transports spent lead-acid batteries destined
for reclamation;
(3) Reclaims spent lead-acid batteries; or
(4) Exports or imports spent lead-acid batteries
for reclamation.
(b) The reclamation of spent lead-acid batteries
through regeneration, such as by electrolyte replacement, shall be subject to Env-Hw 400 and Env-Hw 502, but
shall not otherwise be subject to the hazardous waste rules.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw
800); ss by #9367,
eff 1-28-09; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 809.02 Requirements for Persons Who Generate,
Collect, or Store But Do Not Reclaim.
Any person who generates, collects, or stores spent lead-acid batteries
destined for reclamation, other than through regeneration, but does not reclaim
them shall:
(a)
Store the batteries in a manner designed to ensure that the battery
housings do not break or leak acid onto the soil or into any groundwaters or
surface waters; and
(b)
Comply with Env-Hw 400, Env-Hw 502, and the applicable requirements of
Env-Hw 1200.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw
800); ss by #9367,
eff 1-28-09; ss by #12350, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 809.03 Transporter Requirements. A transporter of lead-acid batteries destined
for reclamation, other than through regeneration, shall:
(a)
Ensure that the batteries are loaded and braced so as to prevent damage
and short circuits while in transit;
(b)
Comply with 49 CFR 173.159(e), Saf-C 600, Env-Hw 400, Env-Hw 502, and
the applicable requirements of Env-Hw 1200; and
(c)
If transporting within the United States to export the batteries for
reclamation in a foreign country, comply with the applicable requirements of 40
CFR 262 Subpart H.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff
2-26-00; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; (See Revision Note
at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350,
eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 809.04 Reclamation Facility Requirements. An owner or operator of a facility at which
spent lead-acid batteries are reclaimed other than through regeneration shall:
(a)
Comply with Env-Hw 400, Env-Hw 502, and the applicable requirements of
Env-Hw 1200; and
(b)
If spent lead-acid batteries are stored at the facility prior to
reclamation, the owner or operator shall be subject to the:
(1) Storage facility permit requirements
specified in Env-Hw 300; and
(2) Facility requirements specified in Env-Hw
700, except for:
a. The waste analysis requirements of Env-Hw
707.03(a)(2) and Env-Hw 708.02(a)(2); and
b. The manifest requirements of Env-Hw 703.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #7578, eff 10-13-01; (See Revision Note at chapter heading for Env-Hw
800); ss by #9367,
eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12350,
eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 809.05 Exporter Requirements. An exporter of spent lead-acid batteries
destined for reclamation in a foreign country shall be subject to Env-Hw 400,
Env-Hw 502, Env-Hw 504, and 40 CFR 262 Subpart H.
Source.
#12350, eff 8-14-17; ss by #12922, eff 11-23-19
Env-Hw 809.06 Importer Requirements.
(a) An importer of spent lead-acid batteries that will be reclaimed other than through regeneration shall comply with Env-Hw 400, Env-Hw 502, Env-Hw 504, the applicable requirements of Env-Hw 1200, and 40 CFR 262 Subpart H.
(b) In addition to the requirements in (a), above, an importer who stores spent lead-acid batteries before reclaiming them other than through regeneration shall be subject to Env-Hw 809.04(b).
Source.
#12922, eff 11-23-19
PART
Env-Hw 810 WAIVERS
Env-Hw 810.01 Waivers. The following requests for waivers shall be
processed as specified in Env-Hw 202:
(a)
Waivers from classification as a waste pursuant to Env-Hw 803; and
(b)
Waivers to classify a combustion device as a boiler for purposes of
Env-Hw 806.05 when such device does not satisfy the definition of a boiler in
Env-Hw 103.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00;
ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for
Env-Hw 800); ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17
PART
Env-Hw 811 SPECULATIVE ACCUMULATION
Env-Hw 811.01 Identification of Speculative Accumulation.
(a) A material that is accumulated
before being recycled shall be deemed to be accumulated speculatively, unless
the person accumulating the material can show that:
(1) The material has potential to be recycled;
(2) A feasible means of recycling exists for the material;
and
(3) During the calendar year commencing on
January 1, at least 75 percent by weight or volume of the amount of that
material accumulated at the beginning of the period is:
a. Recycled at the site where it is accumulated;
or
b. Transferred to a different site for
recycling.
(b)
Compliance with (a)(3), above, shall be determined as follows:
(1) In calculating the percentage of turnover,
the 75 percent requirement shall be applied to each material of the same type
that is recycled in the same way; and
(2) Materials exempt under Env-Hw 401.03(b)(12)
shall not be included in making the calculation.
Source.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff
11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See
Revision Note at chapter heading for Env-Hw 800); ss by #9367, eff 1-28-09; ss
by #12350, eff 8-14-17
Appendix
A: State Statutes, Federal Regulations
Implemented
Rule
Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 801 |
RSA 147-A:3, I, IV |
40 CFR 261; 40 CFR 266; 40 CFR 279 |
Env-Hw 802 |
RSA 147-A:3, I |
40 CFR 261 |
Env-Hw 803 |
RSA 147-A:3, I, VI |
40 CFR 261 |
Env-Hw 804 |
RSA 147-A:3, IV |
40 CFR 261; 40 CFR 266; 40 CFR 279 |
Env-Hw 805 |
RSA 147-A:3, IV |
40 CFR 266 |
Env-Hw 806 |
RSA 147-A:3, IV, VI |
40 CFR 266 |
Env-Hw 807 |
RSA 147-A:3, I, IV, VI; RSA 147-B:14 |
40 CFR 261; 40 CFR 279 |
Env-Hw 808 |
RSA 147-A:3, III, IV, V, VI; RSA 147-A:5, III, IV |
40 CFR 266 |
Env-Hw 809 |
RSA 147-A:3, III, IV, VI |
40 CFR 266 |
Env-Hw 810 |
RSA 147-A:3, I, III, IV |
40 CFR 260.30 - 260.33; 40 CFR 261 |
Env-Hw 811 |
RSA 147-A:3, IV, VI |
40 CFR 261 |
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.
Aquifer means a geologic formation, group of
formations, or part of a formation capable of yielding a significant amount of
ground water to wells or springs.
Authorized
representative means the person
responsible for the overall operation of a facility or an operational unit
(i.e., part of a facility), e.g., the plant manager, superintendent or person
of equivalent responsibility.
Battery means a device consisting of one or more
electrically connected electrochemical cells which is designed to receive,
store, and deliver electric energy. An electrochemical cell is a system
consisting of an anode, cathode, and an electrolyte, plus such connections
(electrical and mechanical) as may be needed to allow the cell to deliver or
receive electrical energy. The term battery also includes an intact, unbroken
battery from which the electrolyte has been removed.
Boiler means an enclosed device using controlled
flame combustion and having the following characteristics:
(1)(i) The unit must have physical provisions
for recovering and exporting thermal energy in the form of steam, heated
fluids, or heated gases; and
(ii) The unit’s combustion chamber and
primary energy recovery sections(s) must be of integral design. To be of
integral design, the combustion chamber and the primary energy recovery
section(s) (such as waterwalls and superheaters) must be physically formed into
one manufactured or assembled unit. A unit in which the combustion chamber and
the primary energy recovery section(s) are joined only by ducts or connections
carrying flue gas is not integrally designed; however, secondary energy
recovery equipment (such as economizers or air preheaters) need not be
physically formed into the same unit as the combustion chamber and the primary
energy recovery section. The following units are not precluded from being
boilers solely because they are not of integral design: process heaters (units
that transfer energy directly to a process stream), and fluidized bed
combustion units; and
(iii)
While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(iv)
The unit must export and utilize at least 75 percent of the recovered
energy, calculated on an annual basis. In this calculation, no credit shall be
given for recovered heat used internally in the same unit. (Examples of
internal use are the preheating of fuel or combustion air, and the driving of
induced or forced draft fans or feedwater pumps); or
(2)
The unit is one which the Regional Administrator has determined, on a
case-by-case basis, to be a boiler, after considering the standards in §
260.32.
Certification means a statement of professional opinion
based upon knowledge and belief.
Confined aquifer means an aquifer bounded above and below by
impermeable beds or by beds of distinctly lower permeability than that of the
aquifer itself; an aquifer containing confined ground water.
Container means
any portable device in which a material is stored, transported, treated,
disposed of, or otherwise handled.
Containment
building means a hazardous waste management unit that is used to store or
treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of
this chapter.
Contingency plan means
a document setting out an organized, planned, and coordinated course of action
to be followed in case of a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
Dike means an
embankment or ridge of either natural or man-made materials used to prevent the
movement of liquids, sludges, solids, or other materials.
Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.
Electronic
manifest (or e-Manifest) means the electronic format of the hazardous waste
manifest that is obtained from EPA’s national e-Manifest system and transmitted
electronically to the system, and that is the legal equivalent of EPA Forms
8700–22 (Manifest) and 8700–22A (Continuation Sheet).
Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.
Explosives or
munitions emergency means a situation involving the suspected or detected
presence of unexploded ordnance (UXO), damaged or deteriorated explosives or
munitions, an improvised explosive device (IED), other potentially explosive
material or device, or other potentially harmful military chemical munitions or
device, that creates an actual or potential imminent threat to human health,
including safety, or the environment, including property, as determined by an
explosives or munitions emergency response specialist. Such situations may
require immediate and expeditious action by an explosives or munitions
emergency response specialist to control, mitigate, or eliminate the threat.
Explosives or
munitions emergency response means all immediate response activities by an
explosives and munitions emergency response specialist to control, mitigate, or
eliminate the actual or potential threat encountered during an explosives or
munitions emergency. An explosives or munitions emergency response may include
in place render-safe procedures, treatment or destruction of the explosives or
munitions and/or transporting those items to another location to be rendered
safe, treated, or destroyed. Any reasonable delay in the completion of an
explosives or munitions emergency response caused by a necessary, unforeseen,
or uncontrollable circumstance will not terminate the explosives or munitions
emergency. Explosives and munitions emergency responses can occur on either
public or private lands and are not limited to responses at RCRA facilities.
Explosives or
munitions emergency response specialist means an individual trained in
chemical or conventional munitions or explosives handling, transportation,
render-safe procedures, or destruction techniques. Explosives or munitions
emergency response specialists include Department of Defense (DOD) emergency
explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State, or
local government, or civilian personnel similarly trained in explosives or
munitions emergency responses.
Free liquids means
liquids which readily separate from the solid portion of a waste under ambient
temperature and pressure.
Ground water means
water below the land surface in a zone of saturation.
Incompatible waste means
a hazardous waste which is unsuitable for:
(1)
Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners or tank
walls); or
(2) Commingling with another waste or
material under uncontrolled conditions because the commingling might produce
heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
fumes, or gases, or flammable fumes or gases.
(See appendix V of
parts 264 and 265 of this chapter for examples.)
Injection well means
a well into which fluids are injected. (See also “underground injection”.)
Inner liner means
a continuous layer of material placed inside a tank or container which protects
the construction materials of the tank or container from the contained waste or
reagents used to treat the waste.
International
shipment means the transportation of hazardous waste into or out of the
jurisdiction of the United States.
Lamp, also referred
to as “universal waste lamp”, is defined as the bulb or tube portion of an
electric lighting device. A lamp is specifically designed to produce radiant
energy, most often in the ultraviolet, visible, and infra-red regions of the
electromagnetic spectrum. Examples of common universal waste electric lamps
include, but are not limited to, fluorescent, high intensity discharge, neon,
mercury vapor, high pressure sodium, and metal halide lamps.
Land treatment
facility means a facility or part of a facility at which hazardous waste is
applied onto or incorporated into the soil surface; such facilities are
disposal facilities if the waste will remain after closure.
Leachate means
any liquid, including any suspended components in the liquid, that has
percolated through or drained from hazardous waste.
Liner means a
continuous layer of natural or man-made materials, beneath or on the sides of a
surface impoundment, landfill, or landfill cell, which restricts the downward
or lateral escape of hazardous waste, hazardous waste constituents, or
leachate.
Military munitions means
all ammunition products and components produced or used by or for the U.S.
Department of Defense or the U.S. Armed Services for national defense and
security, including military munitions under the control of the Department of
Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and
National Guard personnel. The term military munitions includes: confined
gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries used by DOD components, including
bulk explosives and chemical warfare agents, chemical munitions, rockets,
guided and ballistic missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges,
cluster munitions and dispensers, demolition charges, and devices and
components thereof. Military munitions do not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
components thereof. However, the term
does include non-nuclear components of nuclear devices, managed under DOE’s
nuclear weapons program after all required sanitization operations under the
Atomic Energy Act of 1954, as amended, have been completed.
Mining overburden
returned to the mine site means any material overlying an economic mineral
deposit which is removed to gain access to that deposit and is then used for
reclamation of a surface mine.
On-site means
the same or geographically contiguous property which may be divided by public
or private right-of-way, provided the entrance and exit between the properties
is at a cross-roads intersection, and access is by crossing as opposed to going
along, the right-of-way. Non-contiguous properties owned by the same person but
connected by a right-of-way which he controls and to which the public does not
have access, is also considered on-site property.
Pesticide means
any substance or mixture of substances intended for preventing, destroying,
repelling, or mitigating any pest, or intended for use as a plant regulator,
defoliant, or desiccant, other than any article that:
(1)
Is a new animal drug under FFDCA section 201(w), or
(2)
Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (1) or (2) of this definition.
Pile means any
non-containerized accumulation of solid, nonflowing hazardous waste that is
used for treatment or storage and that is not a containment building.
Point source means
any discernible, confined, and discrete conveyance, including, but not limited
to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure,
container, rolling stock, concentrated animal feeding operation, or vessel or
other floating craft, from which pollutants are or may be discharged. This term
does not include return flows from irrigated agriculture.
Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.
Representative
sample means a sample of a universe or whole (e.g., waste pile, lagoon,
ground water) which can be expected to exhibit the average properties of the
universe or whole.
Run-off means
any rainwater, leachate, or other liquid that drains over land from any part of
a facility.
Run-on means
any rainwater, leachate, or other liquid that drains over land onto any part of
a facility.
Sludge means
any solid, semi-solid, or liquid waste generated from a municipal, commercial,
or industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility exclusive of the treated effluent from a wastewater
treatment plant.
State means any
of the several States, the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
Surface impoundment
or impoundment means a facility or part of a facility which is a
natural topographic depression, man-made excavation, or diked area formed
primarily of earthen materials (although it may be lined with man-made
materials), which is designed to hold an accumulation of liquid wastes or
wastes containing free liquids, and which is not an injection well. Examples of
surface impoundments are holding, storage, settling, and aeration pits, ponds,
and lagoons.
Tank means a
stationary device, designed to contain an accumulation of hazardous waste which
is constructed primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) which provide structural support.
Tank system means
a hazardous waste storage or treatment tank and its associated ancillary
equipment and containment system.
Totally enclosed
treatment facility means a facility for the treatment of hazardous waste
which is directly connected to an industrial production process and which is
constructed and operated in a manner which prevents the release of any
hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transport vehicle means
a motor vehicle or rail car used for the transportation of cargo by any mode.
Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate
transport vehicle.
Transportation means
the movement of hazardous waste by air, rail, highway, or water.
Treatability Study means a study in which a hazardous waste is subjected
to a treatment process to determine: (1) Whether the waste is amenable to the
treatment process, (2) what pretreatment (if any) is required, (3) the optimal
process conditions needed to achieve the desired treatment, (4) the efficiency
of a treatment process for a specific waste or wastes, or (5) the
characteristics and volumes of residuals from a particular treatment process.
Also included in this definition for the purpose of the § 261.4 (e) and (f)
exemptions are liner compatibility, corrosion, and other material compatibility
studies and toxicological and health effects studies. A ‘‘treatability study’’
is not a means to commercially treat or dispose of hazardous waste.
United States means
the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the
U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Universal Waste
Transporter means a person engaged in the off-site transportation of
universal waste by air, rail, highway, or water.
Vessel includes
every description of watercraft, used or capable of being used as a means of
transportation on the water.
Wipe means a woven or non-woven shop towel, rag, pad, or swab made
of wood pulp, fabric, cotton, polyester blends, or other material.
40 CFR 261.1(c)(3)
A
“by-product” is a material that is not one of the primary products of a
production process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column bottoms.
The term does not include a co-product that is produced for the general
public’s use and is ordinarily used in the form it is produced by the process.
40 CFR 261.1(c)(6)
“Scrap
metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together with bolts or soldering
(e.g., radiators, scrap automobiles, railroad box cars), which when worn or
superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded scrap metal”
is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
scrap metal.
40 CFR 261.1(c)(10)
“Processed scrap
metal” is scrap metal which has been manually or physically altered to either
separate it into distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but is not limited to
scrap metal which has been baled, shredded, sheared, chopped, crushed,
flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines,
drosses and related materials which have been agglomerated. (Note: shredded
circuit boards being sent for recycling are not considered processed scrap
metal. They are covered under the exclusion from the definition of solid waste
for shredded circuit boards being recycled (§ 261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home scrap metal” is
scrap metal as generated by steel mills, foundries, and refineries such as
turnings, cuttings, punchings, and borings.
40 CFR 261.1(c)(12)
“Prompt scrap metal”
is scrap metal as generated by the metal working/fabrication industries and
includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt
scrap is also known as industrial or new scrap metal.
40 CFR 261.4(a)(1)(ii)
“Domestic Sewage”
means untreated sanitary wastes that pass through a sewer system.
40 CFR 262.81
EPA
Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter
documenting the specific terms of the country of import’s consent and the
country(ies) of transit’s consent(s). The AOC meets the definition of an export
license in U.S. Census Bureau regulations 15 CFR 30.1.
Exporter, also
known as primary exporter on the RCRA hazardous waste manifest, means the
person domiciled in the United States who is required to originate the movement
document in accordance with § 262.83(d) or the manifest for a shipment of
hazardous waste in accordance with subpart B of this part, or equivalent State
provision, which specifies a foreign receiving facility as the facility to
which the hazardous wastes will be sent, or any recognized trader who proposes
export of the hazardous wastes for recovery or disposal operations in the
country of import.
Importer means the person to whom
possession or other form of legal control of the hazardous waste is assigned at
the time the imported hazardous waste is received in the United States.
40 CFR 268.2(c), 7-1-16 edition
Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.
40 CFR 270.2
Site means the
land or water area where any facility or activity is physically located or
conducted, including adjacent land used in connection with the facility or
activity.
40 CFR 273.2(c)(2)
An unused battery becomes a waste on the date
the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in paragraph
(a)(1) of this section becomes a waste on the first date on which both of the
following conditions apply:
(i)
The generator of the recalled pesticide agrees to participate in the recall;
and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described in
paragraph (a)(2) of this section becomes a waste on the date the generator decides
to discard it.
40 CFR 273.4(c)(2)
Unused mercury-containing equipment becomes a
waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the date
the handler decides to discard it.
40 CFR 273.33(c)(2)
A large quantity handler of universal waste
may remove mercury-containing ampules from universal waste mercury-containing
equipment provided the handler:
(i)
Removes and manages the ampules in a manner designed to prevent breakage of the
ampules;
(ii)
Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury
released from an ampule in case of breakage);
(iii)
Ensures that a mercury clean-up system is readily available to immediately
transfer any mercury resulting from spills or leaks of broken ampules from that
containment device to a container that meets the requirements of 40 CFR 262.34;
(iv)
Immediately transfers any mercury resulting from spills or leaks from broken
ampules from the containment device to a container that meets the requirements
of 40 CFR 262.34;
(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 |