CHAPTER Env-Sw
1700
Statutory
Authority: RSA 149-M:7
Revision Note:
Document #8459, effective 10-28-05, readopted with amendments,
renumbered, and redesignated former Chapter Env-Wm 3400 as Env-Sw 1700, pursuant to a rules reorganization plan for
Department rules approved by the Director of the Office of Legislative Services
on 9-7-05. The source notes for each
section of Env-Sw 1700 identify the former subtitle
Env-Wm and number for the respective rule prior to Document #8459.
PART Env-Sw
1701 PURPOSE AND APPLICABILITY
Env-Sw 1701.01 Purpose. The purpose of the rules in this chapter is
to establish criteria and procedures by which ash generated from the combustion
of clean wood shall be certified for distribution and beneficial use in
agricultural land applications.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3401.01); ss by #10601, eff 7-1-14
Env-Sw 1701.02 Applicability; Exemptions.
(a) Except as provided in (b), below, the rules
in this chapter shall apply to any person distributing and using wood ash for
agricultural land application in
(b) The rules in this chapter shall not apply to:
(1) Persons using wood ash from
their household wood stove(s) for agricultural land application in
(2) Persons generating 500 or
fewer tons per year of wood ash from the combustion of clean wood as defined by
RSA 125-R:1, provided that the ash is actively managed and beneficially used in
agricultural land applications; and
(3) Persons distributing and using 500 or fewer tons per year of
wood ash obtained from generators described in (2) above, provided that the ash
is actively managed and beneficially used in agricultural land applications.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3401.02); ss by #10521, EMERGENCY RULE, eff 2-11-14, EXPIRES: 8-11-14;
ss by #10601, eff
7-1-14
PART Env-Sw
1702 LAND
APPLICATION REQUIREMENTS
Env-Sw 1702.01 Certification Required. No person shall distribute, receive, store or use wood ash that is subject to this chapter for
land application in
(a) Certified for distribution and use in
accordance with this chapter;
(b) Actively managed; and
(c) Managed as required by the certification.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3402.01); ss by #10601, eff 7-1-14
Env-Sw 1702.02 General Provisions for Obtaining
Certification.
(a) Any person who wishes to obtain certification
for wood ash shall:
(1) File an application in
accordance with Env-Sw 1705; and
(2) Demonstrate in the application that the wood ash meets the criteria
for land application in Env-Sw
1703.
(b) Certification to distribute and use wood ash in excess of 500 tons per year from a single source shall be
obtained and held by the wood ash generator.
(c) Certification to distribute and use wood ash in excess of 500 tons per year from sources that
individually generate 500 or fewer tons per year shall be obtained and held by
the broker or other person responsible for distributing the wood ash.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3402.02); ss by #10601, eff 7-1-14
PART Env-Sw
1703
CRITERIA FOR LAND APPLICATION
Env-Sw 1703.01 Source of Ash. Only ash generated from the combustion of
clean wood as
defined by RSA 125-R:1, shall be land applied.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3403.01); ss by #10601, eff 7-1-14
Env-Sw 1703.02 Quality of Ash.
(a) Wood ash that is land applied shall not
contain heavy metals in excess of the following
concentrations, as determined on a dry weight basis in accordance with Env-Sw 1706:
(1) For arsenic, 41
milligrams per kilogram (mg/kg);
(2) For cadmium, 39 mg/kg;
(3) For chromium, 1,200
mg/kg;
(4) For copper, 1,500 mg/kg;
(5) For lead, 300 mg/kg;
(6) For mercury,
17 mg/kg;
(7) For
molybdenum, 75 mg/kg;
(8) For nickel,
420 mg/kg;
(9) For selenium,
100 mg/kg;
(10) For zinc, 2,800 mg/kg;
and
(b) Wood ash that is land applied shall be
substantially free of uncombusted material.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3403.02); ss by #10601, eff 7-1-14
Env-Sw 1703.03 Use of Ash. Wood ash certified pursuant to this chapter
shall be land applied only at sites for which a site-specific management plan
has been prepared as specified in Env-Sw
1704.04.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3403.03); ss by #10601, eff 7-1-14
PART Env-Sw
1704
Env-Sw 1704.01 Land Application Sites. Wood ash land application sites shall be
exempt from obtaining a solid waste facility permit pursuant to RSA 149-M:9 for
the management and spreading of wood ash provided the site meets the
requirements in Env-Sw 1704.02 through Env-Sw
1704.05.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3404.01); ss by #10601
Env-Sw 1704.02 Limitations on Land Application Sites. A permit-exempt land application site shall
only receive and use wood ash that:
(a) Has been certified for distribution and use
in accordance with this chapter; or
(b) Is exempt from this chapter under Env-Sw 1701.02(b) .
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3404.02); ss by #10601
Env-Sw 1704.03 Management Plan Required. The owner of a permit-exempt land application
site shall use wood
ash received in conformance with a site-specific management plan developed
by the certificate holder for that specific site pursuant to Env-Sw 1704.04.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3404.03); ss by #10601
Env-Sw 1704.04 Site-Specific Management Plans.
(a) Prior to distributing any certified wood ash for
use in land application, the certificate holder shall develop a site-specific
management plan for each site where the certified wood ash will be land
applied.
(b) The site-specific management plan shall include
provisions for:
(1) Storing the wood ash in
conformance with the universal environmental performance standards established
in Env-Sw 1002;
(2) Testing the wood ash as required by
Env-Sw 1706.02;
(3) Application
rates, supported by site soil testing to assure that use of wood ash at the
site satisfies an agronomic need; and
(4) Actively managing the wood ash.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3404.04); ss by #10601
Env-Sw 1704.05 Universal Environmental Performance
Requirements. Wood ash land application
practices shall not violate the universal environmental performance
requirements in Env-Sw 1002.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3404.05); ss by #10601
PART Env-Sw
1705 APPLICATION AND APPROVAL
Env-Sw 1705.01 Application Content and Format.
(a) An applicant for wood ash certification pursuant to
this chapter shall provide the following in writing to the department:
(1) The name, address and telephone number of the applicant, and whether the
applicant is the wood ash generator or another person;
(2) If the applicant is not the generator or is not the sole
generator, the name and location of each generator of the wood ash for which
certification is sought;
(3) For each generator identified pursuant to (1) or (2), above, the
estimated quantity in tons of wood ash to be managed under the requested
certification;
(4) A statement signed by each generator
identified in (1) or (2), above, certifying that the generator combusts only
clean wood as defined by RSA 125-R:1; and
(5) Analytical
test
results of representative samples of the wood ash pursuant to Env-Sw 1706.02.
(b)
The applicant shall sign and date the document that conveys the
information required by (a), above.
(c)
The signature of the applicant shall constitute certification that:
(1) The information provided in the application
is true, complete, and not misleading to the applicant’s knowledge and
belief; and
(2) The applicant understands that the applicant is:
a. Subject to penalties of law for false
swearing if the information submitted is not true, complete, and not
misleading; and
b. Required to comply with all applicable
requirements of RSA 149-M and the solid waste rules.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3405.01); ss by #10601
Env-Sw 1705.02 Application Filing. The applicant shall file an application to
certify wood ash for distribution and use with the department as specified in
Env-Sw 303.03.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3405.02); ss by #10601
Env-Sw 1705.03 Application Review. The department shall review applications to certify
wood ash for distribution and use as specified in Env-Sw
304.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3405.03); ss by #10601
Env-Sw 1705.04 Application Decision.
(a) If the criteria for certification in Env-Sw 1703 are met, the
department shall issue a certificate authorizing the distribution and use of
the wood ash pursuant to (d) below.
(b) If the criteria for certification in Env-Sw 1703 are not met, the
department shall deny the requested approval and shall so notify the applicant
in writing.
(c) The notice of denial shall:
(1) Identify the
applicant, type of application, and all documents that constitute the complete application
or, if the decision for denial is made without a complete application pursuant
to Env-Sw 304.04(c), all documents submitted by the applicant that
form the basis of the decision;
(2) State the
specific reasons for the denial;
(3) Provide the
name, title, mailing address and telephone number of the department official or
employee who may be contacted regarding the application and denial;
(4) Identify the
applicable provisions for appeal pursuant to RSA 21-O:14; and
(5) Be signed by the
director or a department employee authorized by the director.
(d) The certification to distribute and use wood
ash shall:
(1) Identify the
certificate holder;
(2) Identify the type of
approval and authority for issuance;
(3) Identify all
documents that constitute the complete application;
(4) Identify the
specific source(s) of the wood ash to which the certification exclusively
applies, including the name of the generator and location of the wood ash
generating facility;
(5) Specify the
terms and conditions under which the approved activity is authorized,
including:
a. The effective
date of the certification;
b. The expiration date
of the certification, if any, and provisions for renewal as applicable; and
c. The
requirements established in Env-Sw
1706; and
(6) Be signed by
the director or a department employee authorized by the director.
(e) A certificate issued to a non-generator shall
authorize the certificate holder to manage ash from generators not identified
in the original application for certification, provided the certificate holder
notifies the department in writing of the change and provides the information
specified in Env-Sw 1705.01(a)(2)-(5).
(f) Any decision by the department to issue
certification shall not affect the applicant’s obligation to obtain all
requisite federal, state or local permits, licenses or
approvals, or to comply with all other applicable federal, state, district or
local permits, ordinances, laws or approvals or conditions pertaining to the
approved activity.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3405.04); ss by #10601
PART Env-Sw
1706 SAMPLING, TESTING,
RECORDKEEPING, AND REPORTING REQUIREMENTS
Env-Sw 1706.01 Wood Ash Sampling.
(a) Each certificate holder shall obtain representative
composite samples of wood ash destined for land application and submit the samples for
testing in accordance with Env-Sw 1706.02.
(b) Ash samples composited to create representative
composite samples shall be taken not less than monthly.
Source. #6619-B, eff
10-29-97; amd by #7225, eff 3-31-00;
(See Revision Note at chapter heading for Env-Sw
1700); ss by #8459, eff 10-28-05 (formerly Env-Wm 3406.01); ss by #10601
Env-Sw
1706.02 Wood Ash Testing.
(a) Each certificate holder shall test representative
composite samples of the wood ash:
(1) On at least a quarterly basis for wood ash that
is distributed regularly; or
(2) On a batch basis if the
ash is distributed on a batch basis.
(b)
Analyses of representative composite samples of wood ash shall be as
follows:
(1) The analyses shall use EPA test procedures in
EPA manual SW 846;
(2) The analyses shall include testing for
the following constituents:
a. Cadmium;
b. Chromium;
c. Copper;
d. Lead;
e. Mercury;
f. Nickel;
g. Zinc;
h. Potassium;
i. Molybdenum;
j. Selenium;
k. Calcium;
l. Magnesium;
m. Arsenic;
n. Phosphorus; and
o. Lime equivalence; and
(3) The test for the
metals listed in (2), above, shall be for total metals.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3406.02); ss by #10601
Env-Sw
1706.03 Recordkeeping.
(a) Certificate holders shall maintain records that
document the following:
(1) Each source
of the wood ash, by generator and location;
(2) Location of each wood ash
land application sites;
(3) Quantity of wood ash
distributed at each land application site;
(4) Analytical results for the
testing required by Env-Sw 1706.02;
(5) Date and location of each
wood ash delivery; and
(6) A copy of the
site-specific management plan for each land application site where the wood ash
is used.
(b)
The certificate holder shall make available to the department
records and site-specific
management plans pursuant to Env-Sw 2000.
(c)
The
certificate holder shall keep all records required by this section for
a period of not less than 3 years.
Source. #10601, eff 7-1-14
Env-Sw
1706.04 Reporting Requirements. Analytical data for
wood ash that does not meet the
requirements specified in Env-Sw 1703.02 shall
be reported to the department in accordance with Env-Sw
1005.09.
Source. #10601, eff 7-1-14
PART Env-Sw 1707 STATUS OF
APPROVALS GRANTED BEFORE THE 2014 EFFECTIVE DATE OF THIS CHAPTER
Env-Sw 1707.01 Applicability. The rules in this part shall apply to any person
holding a written certification or approval to distribute and use wood ash for
agricultural land application granted by the department prior to the 2014 effective
date of this chapter and signed by the director or the director’s
authorized designee, who continues to operate under the certification or
approval.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3407.01); ss by #10601, eff 7-1-14
Env-Sw 1707.02 Status of Approval.
(a) A written certification or approval
identified in Env-Sw 1707.01 shall remain valid provided the holder of the
certification or approval complies with the terms of the written certification
or approval and with Env-Sw 1000.
(b) The terms and conditions of the certification
or approval shall remain unchanged unless modified pursuant to applicable
provisions of Env-Sw 300.
(c) If required for administrative purposes, the
department shall:
(1) Assign a new number to the certification or approval granted
prior to the
2014 effective date of this chapter; and
(2) Send written notice thereof to the person holding the
certification or approval.
Source. #6619-B, eff
10-29-97; (See Revision Note at chapter heading
for Env-Sw 1700); ss by #8459, eff 10-28-05 (formerly
Env-Wm 3407.02); ss by #10601, eff 7-1-14
Appendix
Rule Sections |
Statute(s) Being Implemented |
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|
Env-Sw 1700 |
RSA
149-M:6, XIV; RSA 149-M:7, II and III |
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