CHAPTER Env-Hw
100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 147-A:3
REVISION
NOTE #1:
Document #9360, effective 1-28-09,
readopted with amendments and renumbered as Chapter Env-Hw 100 those rules in
former Part Env-Wm 101 and Part Env-Wm 110 that had contained organizational
rules on management of hazardous waste, including definitions. 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 #9360 replaced all prior filings for
hazardous waste rules formerly in Chapter Env-Wm 100.
The prior filings for the former rules
in Env-Wm 100 containing organizational rules on management of hazardous waste included
the following documents:
#5053, eff 1-24-91
#5886, eff 8-26-94
#6384-A, eff 11-26-96
#6385-A, eff 11-26-96
#7194, eff 1-27-00
#7207-A, eff 2-26-00
#7317, eff 7-7-00
#7576, eff 10-13-01
#8460-A, eff 10-28-05
#8713, INTERIM, eff 9-5-06
#8789, eff 1-5-07
REVISION
NOTE #2:
Document #10204, effective 10-19-12,
was the next filing after Document #9360 that affected rules in Chapter Env-Hw
100. Document #10204 adopted Env-Hw
103.67 defining “Household waste” and Env-Hw 104.26 defining
“Pharmaceutical.” Document #10204 also
readopted with amendments Env-Hw 103.57 defining “Full quantity generator
(FQG)” and Env-Hw 104.74 defining “Used oil”.
Document #10204 also readopted with amendments Env-Hw 104.42 defining
“Small quantity generator (SQG)” and Env-Hw 104.44 defining “Spent material”, and renumbered the rules as Env-Hw 104.43 and Env-Hw
104.44 respectively. Document #10204
also renumbered other existing definitions in Part Env-Hw 104.
Document #12343, effective 8-14-17,
was the next filing after Document #10204 that affected rules in Chapter Env-Hw
100. Document #12343 adopted, readopted,
readopted with amendments, or repealed the rules in Chapter Env-Hw 100. Document #12343 replaced all prior filings of
the rules in the former Chapter Env-Hw 100.
The adoption and repeal of various
rules by Document #12343 caused extensive renumbering of existing
rules within the chapter. The new rules
adopted in Chapter Env-Hw 100 by Document #12343 were Env-Hw 101.04 titled “References
to Federal Regulations” and the following definitions:
Env-Hw 103.25 “Containment building”
Env-Hw 103.38 “Drip pad”
Env-Hw 103.50 “Explosives or munitions
emergency”
Env-Hw 103.51 “Explosives or munitions
emergency response”
Env-Hw 103.52 “Explosives or munitions
emergency response specialist”
Env-Hw 103.66 “Household”
Env-Hw 103.67 “Household hazardous
waste (HHW)”
Env-Hw 104.02 “Land disposal”
Env-Hw 104.12 “Military munitions”
Env-Hw 104.51 “State-only waste”
The former
rules in Chapter Env-Hw 100 that were repealed by Document #12343 include the
following definitions:
Env-Hw 103.40 “Electrochemical cell”
Env-Hw 103.64 “Hazardous waste storage
area”
Env-Hw 103.74 “Integral design”
Env-Hw 104.15 “New Hampshire
identification number”
Env-Hw 104.50 “Subsequent notification
form”
Env-Hw 104.72 “Universal waste
transfer facility”
REVISION
NOTE #3:
Document #12920, effective 11-23-19,
was the next filing after Document #12343 that affected the rules in Chapter
Env-Hw 100. Document #12920 adopted,
repealed, readopted with amendment, or readopted with amendment and renumbered
various rules in Chapter Env-Hw 100.
Document #12920 adopted Env-Hw 101.05
titled “Applicability of Manifest Requirements”, Env-Hw 103.39 defining “Electronic
manifest”, Env-Hw 103.40 defining “Electronic manifest system”, Env-Hw 103.55
defining “Exporter”, and Env-Hw 103.72 defining “Importer.” Document #12920
also repealed Env-Hw 103.56 defining “Foreign consignee”, and readopted with
amendments the following rules:
Env-Hw
101.04 References to Federal
Regulations.
Env-Hw
102.02 Modifications to Federal
Hazardous Waste Definitions.
Env-Hw
103.43 defining “EPA acknowledgement of
consent”, and renumbered as
Env-Hw 103.45.
Env-Hw 104.02, defining “Land disposal.”
Env-Hw 104.51, defining “NH-only
waste”, and renumbered as Env-Hw 104.17.
Env-Hw 104.17, defining
“Notification form,” and renumbered as Env-Hw 104.18.
The adoption, repeal, readoption with
amendment, and readoption with amendment and renumbering of various rules by
Document #12920 caused extensive renumbering of existing
rules in Chapter Env-Hw 100 which had been filed under Document #12343,
effective 8-14-17, but were not included in Document #12920. Their effective date remained as 8-14-17. The source notes of renumbered rules below
indicate the former rule number.
As
organizational rules the rules in Chapter Env-Hw 100 will not expire except
pursuant to RSA 541-A:17, II.
REVISION
NOTE #4:
Document #13405, effective 7-23-22,
was the next filing after Document #12920 that affected the rules in Chapter
Env-Hw 100. Document #13405 adopted, repealed, readopted with amendment, or
readopted with amendment and renumbered various rules in Chapter Env-Hw 100.
Document
#13405 adopted Env-Hw 103.07 defining “Aerosol can”, Env-Hw 103.49 defining
“Evaluated hazardous waste pharmaceutical”, Env-Hw 103.67 defining “Hazardous
waste pharmaceutical”, Env-Hw 103.69 defining “Healthcare facility”, Env-Hw
104.08 defining “Long-term care facility”, Env-Hw 104.19 defining “Non-creditable hazardous waste pharmaceutical”, Env-Hw
104.33 defining “Potentially creditable hazardous waste pharmaceutical”, and
Env-Hw 104.43 defining “Reverse distributor”.
Document
#13405 also repealed Env-Hw 103.12 defining “Board”, which had last been filed
in Document #12343, effective 8-14-17.
Document #13405 readopted with
amendments the following rules:
Env-Hw
101.04 References to Federal Regulations.
Env-Hw 103.56 defining
“Facility”, renumbered as Env-Hw 103.57.
Env-Hw 104.02 defining
“Land disposal”.
Env-Hw 104.11 defining
“Mercury-containing device”, renumbered as Env-Hw 104.12.
Env-Hw 104.18 defining
“Notification form”, renumbered as Env-Hw 104.20.
Env-Hw 104.28 defining
“Pharmaceutical”, renumbered as Env-Hw 104.30.
Env-Hw 104.72 defining
“Universal waste”, renumbered as Env-Hw 104.76.
The adoption, repeal, readoption with
amendment, and readoption with amendment and renumbering of various rules by Document #13405 caused
extensive renumbering of existing
rules in Chapter Env-Hw 100 which had been filed under Document #12343,
effective 8-14-17, or Document #12920, effective 11-23-19, but were not
included in Document #13405. Their
effective date remained as 8-14-17 or 11-23-19, as indicated. The source notes of renumbered rules below
indicate the former rule number.
As
organizational rules the rules in Chapter Env-Hw 100 will not expire except
pursuant to RSA 541-A:17, II.
PART Env-Hw
101 PURPOSE AND APPLICABILITY
Env-Hw 101.01 Purpose. The purpose of the rules in subtitle Env-Hw
is to implement the provisions of RSA 147-A that require hazardous waste to be
managed and disposed properly, so as to minimize risks
to the environment and public health and safety.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.02 Applicability. Subtitle Env-Hw shall apply to the
generation, management, and transportation of hazardous waste in New Hampshire.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.03 Use of Number and Gender.
(a)
As used in the hazardous waste rules:
(1) Words in the singular shall include the
plural; and
(2) Words in the plural shall include the
singular.
(b)
As used in federal regulations incorporated by reference, words in the
masculine gender shall include the feminine and neutral genders.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.04 References to Federal Regulations.
(a)
Unless otherwise specified, references to federal regulations within
this subtitle shall be as follows:
(1) All references to “Title 29 of the Code of
Federal Regulations” or “29 CFR” shall be to the edition in effect on July 1, 2021;
(2) All references to “Title 40 of the Code of
Federal Regulations” or “40 CFR” shall be to the edition in effect on July 1, 2020; and
(3) All references to “Title 49 of the Code of
Federal Regulations” or “49 CFR” shall be to the edition in effect on October
1, 2021.
(b)
References to other federal statutes and regulations contained in the
text of the federal regulations incorporated by reference that are not
specifically adopted by reference, including, but not limited to, references to
the Clean Water Act, the Clean Air Act, and the Safe Drinking Water Act, shall
be used to assist in interpreting the federal regulations only, but the
authority and power of the analogous or related portions of New Hampshire
statutes and rules shall apply in lieu of the cited federal statutes and
regulations.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw
101.05 Applicability of Manifest
Requirements.
(a) The manifest requirements of 40 CFR 260.4,
reprinted in Appendix D, shall apply 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 the waste to be tracked on a hazardous waste
manifest.
(b) The manifest requirements of 40 CFR 260.5,
reprinted in Appendix D, shall apply 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, as such term is defined in 40
CFR 260.5(a), to a receiving facility.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
PART Env-Hw
102 HAZARDOUS WASTE DEFINITIONS BASED ON
FEDERAL LAW
Env-Hw 102.01 Hazardous Waste Definitions in Federal Law. Where federal provisions are adopted by
reference, terms used shall be as defined in federal law unless otherwise
specified in these rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
(a) Any reference to the “Regional Administrator”
or “Administrator” in federal rules adopted by reference shall be deemed to
mean the “commissioner, or designee,” except when used in 40 CFR 262 Subpart H,
264.12(a), 265.12(a), 268.5, 268.6, 268.13, 268.40(b), 268.42(b), 268.44(a)
through (g), 270.11(a)(3), 270.14(b)(20), 270.32(b)(2), and 270.51;
(b)
Any reference to the “U.S. Environmental Protection Agency,” “Agency,”
“United States Environmental Protection Agency,” “EPA Headquarters,” “EPA
Region(s)” or “EPA” in federal rules adopted by reference shall be deemed to
mean the “department,” except when used in:
(1) 40 CFR
260.2(c) and (d), 261.39(a)(5), 261.41, 262 Subpart H, 264.12(a)(2),
265.12(a)(2), 268.1(e)(3), 268.2(j), 268.5(g), 268.44(a) through (g),
270.11(a)(3), 270.32(a), 270.32(c), 270.51, 270.72(a)(5), and 270.72(b)(5); or
(2) Any
reference to EPA identification numbers, EPA hazardous waste numbers, EPA test
methods, EPA forms, any EPA acknowledgment of consent, any EPA publications,
manuals, or guidance, and EPA’s electronic manifest system; and
(c) Any reference to any provision of RCRA in
federal rules incorporated by reference shall be deemed to be a reference to
the comparable New Hampshire statutory provision, except in 40 CFR 270.72(a)(5)
and (b)(5) and 40 CFR 270.51(d) relative to EPA-issued RCRA permits, as listed
in Table 1.1 Comparison of Federal and State Statutory Provisions, below:
Table 1.1 Comparison of Federal and State Statutory
Provisions
RCRA
(P.L. 94-580) |
U.S.C. |
NH
RSA |
1004(5) |
42 U.S.C.
6903(5) |
147-A:2, VII |
1004(27) |
42 U.S.C.
6903(27) |
147-A:2, XVIII |
3004 |
42 U.S.C. 6924 |
147-A:3, IV |
3005 |
42 U.S.C. 6925 |
147-A:3, IX & 4 |
3006 |
42 U.S.C. 6926 |
91-A |
3007 |
42 U.S.C. 6927 |
147-A:7; 91-A |
3008 |
42 U.S.C. 6928 |
147-A:14, 16,
16-a, & 16-b |
3010 |
42 U.S.C. 6930 |
147-A:3, IV & 3, VI |
RCRA (P.L.
89-272) |
|
|
3013 |
42 U.S.C. 6934 |
147-A:3, VI & 3, VII |
3019 |
42 U.S.C.
6939(a) |
147-A:5 |
7003 |
42 U.S.C. 6973 |
147-A:13 |
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
PART Env-Hw
103 HAZARDOUS WASTE DEFINITIONS: A TO K
Env-Hw 103.01 “100-year flood” means a flood that has a one
percent chance of being equaled or exceeded in any given year.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.02 “100-year floodplain” means an area that is
subject to being flooded by a 100-year flood, as determined in accordance with
40 CFR 270.14(b)(11)(iii).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.03 “Abandoned material” means any material that
is:
(a)
Disposed of;
(b)
Burned or incinerated; or
(c)
Accumulated, stored, or treated, but not recycled, before or in lieu of
being abandoned by being disposed of, burned, or incinerated.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.04 “Active fault zone” means a land area that,
according to geological evidence, has exhibited movement along a fault within
the past 10,000 years.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.05 “Active portion” means that portion of a
hazardous waste facility where treatment, storage, or disposal operations are
being or have been conducted on or after November 19, 1980. The term does not include any portion of a
hazardous waste facility that has been closed in accordance with a closure plan
approved in accordance with Env-Hw 707.03 and Env-Hw 708.02 or predecessor
rules in subtitle Env-Wm or He-P.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.06 “Administrator” means “administrator” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw
103.07 “Aerosol can”
means “aerosol can” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.08 “Antifreeze” means a material having an ethylene
glycol or propylene glycol base that is used full strength or diluted with
water only as protection against freezing, overheating, and corrosion of the
cooling system of an internal combustion engine.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 103.07, renumbered by
#13405) (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 103.09 “Aquiclude” means an impermeable or poorly
permeable bed, formation, or group of formations that impedes groundwater
movement and does not yield water freely to a well or spring.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 103.08, renumbered by
#13405) (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 103.10 “Aquifer” means “aquifer” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 103.09, renumbered by
#13405) (See Revision Note #4 at chapter
heading for Env-Hw 100)
Env-Hw 103.11 “Authorized representative” means “authorized
representative” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.10, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 103.12 “Battery” means “battery” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 103.11, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100)
Env-Hw 103.13 “Boiler” means “boiler” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.14 “Bulk shipment” means the bulk transportation
of hazardous waste that is loaded or carried on board a vessel without
containers or labels.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.15 “By-product” means “by-product” as defined in
40 CFR 261.1(c)(3), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.16 “Carcinogen” means any substance that causes
cancer.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.17 “Cathode ray tube” means a glass tube used to
provide the visual display in televisions, computer monitors, and certain
scientific instruments, such as oscilloscopes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.18 “Clean Air Act” means the Clean Air Act, 42
U.S.C. 7401, and amendments thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.19 “Closure” means the act of securing a
facility pursuant to Env-Hw 506 or Env-Hw 700, as applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.20 “Commissioner” means the commissioner of the
department of environmental services.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.21 “Confined aquifer” means “confined aquifer”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.22 “Constituent” means any substance, material,
compound, or element that:
(a)
Is identified in Env-Hw 402.04, Env-Hw 402.05, or Env-Hw 403.06; or
(b)
Has resulted in a waste being listed in Env-Hw 402 by the department in
accordance with Env-Hw 405.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.23 “Construction commenced” as used in the
definition of “existing facility” means:
(a)
The owner or operator has obtained the federal, state of New Hampshire,
and local approvals or permits necessary to begin physical construction; and
(b)
Either:
(1) A continuous on-site, physical construction
program has begun; or
(2) The owner or operator has entered
into contractual obligations that cannot be cancelled or modified for
physical construction of the facility to be completed within a reasonable time.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.24 “Container” means “container” as defined in
40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.25 “Containment building” means “containment
building” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.26 “Contingency plan” means “contingency plan”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.27 “Delisted” means that a hazardous waste is no
longer considered by the department to be a listed waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.28 “Delisting” means the process specified in
Env-Hw 406 by which a person can ask for a listed hazardous waste to be
delisted.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.29 “Department” means the department of
environmental services.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.30 “Designated facility” means:
(a)
A hazardous waste treatment, storage, or disposal facility that has:
(1) Received a permit or interim status in
accordance with Env-Hw 304 or 40 CFR Part 270 and 124, or is regulated under
Env-Hw 802.01(c) or (d); and
(2) Been designated by a generator on a manifest
as the place to which the hazardous waste covered by the manifest is to be
delivered;
(b)
A generator site designated on a manifest to receive waste as a return
shipment from a facility that has rejected the waste in accordance with Env-Hw 704; or
(c)
If the waste is to be brought to another state, a facility allowed by
the receiving state to accept such waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.31 “Dike” means “dike” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.32 “Discarded material” means any material that
is abandoned, recycled, or considered inherently waste-like, as those terms are
defined in Env-Hw 103 or Env-Hw 104, or a military munition identified as a
solid waste in 40 CFR 266.202.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.33 “Discharge” means the release of hazardous
waste into or on any land, water, or air.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.34 “Displacement” means the relative movement of
any 2 sides of a fault.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.35 “Disposal” means “disposal” as defined in RSA
147-A:2, III, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.36 “Disposal facility” means any location or
part of a location where hazardous waste is intentionally placed and will
remain after closure. The term includes
landfills and land treatment facilities if the waste will remain after closure.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.37 “Do-it-yourself used oil” means oil that is
derived from households, such as used oil generated by individuals through the
maintenance of their personal vehicles.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.38 “Drip pad” means “drip pad” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.40 “Electronic manifest system” means
“electronic manifest system (or e-Manifest system)” as defined in 40 CFR
260.10, reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.41 “Elementary neutralization unit” means a
device that:
(a)
Is used for neutralizing wastes that are hazardous only because they
exhibit the corrosivity characteristic defined in Env-Hw 403 or are listed in
Env-Hw 402 only for this reason; and
(b)
Meets the definition of tank, tank system, container, transport vehicle,
or vessel in Env-Hw 103 or Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.39, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Env-Hw 103.42 “Empty container” means a container that
meets the criteria of Env-Hw 401.03(b)(21).
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.40, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)
Env-Hw 103.43 “Energy recovery facility” means a facility
that uses hazardous waste, fully or in part, as a source to produce a useful
energy product.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.41, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Env-Hw 103.44 “EPA” means the United States environmental
protection agency.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.42, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19
(formerly Env-Hw 103.43) (See Revision Note #3 at chapter heading for Env-Hw
100)
Env-Hw 103.46 “EPA hazardous waste
number” means the number assigned by EPA to each EPA hazardous waste identified
in Env-Hw 400.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.44, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Env-Hw 103.47 “EPA identification number” means the site specific number assigned by the department to a
generator, transporter, transfer facility, or treatment, storage, and disposal
facility upon approval of a notification form.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.45, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Env-Hw 103.48 “Equivalent method” means any testing or
analytical method approved by the department under Env-Hw 401.05 or by the
administrator under 40 CFR 260.20 and 260.21.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.46, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100)
Env-Hw 103.49 “Evaluated hazardous waste pharmaceutical”
means “evaluated hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as
reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.50 “Excluded scrap metal”
means “excluded
scrap metal” as defined in 40 CFR 261.1(c)(9), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.47, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.51 “Existing facility” means a facility that was
in operation or for which construction commenced on or before July 1, 1980, or
on the effective date of any statutory or regulatory amendments that render the
facility subject to permit requirements under RCRA or RSA 147-A or rules
adopted pursuant thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.48, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.52 “Explosive reaction” means a violent
expansion or bursting in the form of a sudden release of heat or pressure. The term does not include a slow or gradual
buildup of heat or pressure.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.49, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.53
“Explosives or munitions emergency” means “explosives or munitions emergency”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.50, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.52, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.54 “Explosives or munitions emergency response” means “explosives
or munitions emergency response” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.51, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.53, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.55 “Explosives or munitions emergency response
specialist” means
“explosives or munitions emergency response specialist” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.52, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly
Env-Hw 103.54, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100)
Env-Hw 103.56 “Exporter” means “exporter” as defined in 40
CFR 262.81, as reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.55, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.57 “Facility” means “facility” as defined in RSA
147-A:2, IV, as reprinted in Appendix C, except that where the hazardous waste
rules apply to quarterly activity reports, payments into the hazardous waste cleanup fund, and administration of the fund
for the siting program and household
hazardous waste collection projects, “facility” means “facility” as defined in
RSA 147-B:2, III, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.53, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); ss by #13405,
eff 7-23-22 (formerly Env-Hw
103.56, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100)
Env-Hw 103.58 “Fault” means a fracture along which rocks on
at least one side have been displaced.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.54, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.57, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.59 “Federal Clean Water Act” means 33 U.S.C.
1251 et seq. and amendments thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.55, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw
103.58, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.60 “Free liquids” means “free liquids” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.57, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw
103.59, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.61 “Full quantity generator (FQG)” means any
generator of hazardous waste who meets the criteria of Env-Hw 503.02.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.58, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.60, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.62 “Generator” means “generator” as defined in
RSA 147-A:2, VI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 103.59, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.61, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.63 “Government entity” means the state of New
Hampshire and its political subdivisions including solid waste management
districts and regional planning commissions.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.60, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.62, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.64 “Groundwater” means “ground water” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.61, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.63, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.65 “Handler” means a universal waste handler.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.62, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.64, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.66 “Hazardous waste” means “hazardous waste” as
defined in RSA 147-A:2, VII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.63, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.65, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.67 “Hazardous waste pharmaceutical” means
“hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in
Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.68 “Hazardous waste rules” means the rules in
subtitle Env-Hw.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.64, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.66, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.69 “Healthcare facility” means “healthcare
facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.70 “Home scrap metal” means
“home scrap metal” as
defined in 40 CFR 261.1(c)(11), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.65, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.67, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.71 “Household” means a location in which humans
reside on a permanent or temporary basis, including but not limited to single-
and multi-family residences, bunkhouses and other crew quarters, ranger
stations, motels and hotels, campgrounds, picnic grounds, and day-use
recreation areas.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.66, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.68, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.72 “Household hazardous waste (HHW)” means
household waste that would be hazardous waste if generated anywhere other than
in a household.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.67, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.69, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.73 “Household hazardous waste (HHW) collection
project” means any location that accumulates, collects, transfers, or otherwise
manages HHW.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.68, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.70, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.74 “Household waste” means any refuse, garbage,
trash, sanitary waste, or other waste comprised of materials typically
generated by consumers in their homes, and that is actually
generated in a household.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.69, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.71, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.75 “Importer” means “importer” as defined in 40
CFR 262.81, as reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.72, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.76 “Incinerator” means any enclosed device using
controlled flame combustion that neither meets the criteria for classification
as a boiler nor is listed as an industrial furnace.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.70, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.73, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.77 “Incompatible waste”
means “incompatible waste” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.71, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.74, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.78 “Industrial furnace” means any of the
following enclosed devices that are integral components of manufacturing
processes and that use controlled flame devices to accomplish recovery of
materials or energy:
(a)
Cement kilns;
(b)
Lime kilns;
(c)
Aggregate kilns;
(d)
Phosphate kilns;
(e)
Coke ovens;
(f)
Blast furnaces;
(g)
Smelting, melting, and refining furnaces including pyrometallurgical
devices such as cupolas, reverberator furnaces, sintering machines, roasters,
and foundry furnaces;
(h)
Titanium dioxide chloride process oxidation reactors;
(i) Methane reforming furnaces;
(j)
Pulping liquor recovery furnaces;
(k)
Combustion devices used in the recovery of sulfur values from spent
sulfuric acid; or
(l) Such other devices as the commissioner adds
to this list through a rulemaking in accordance with the rulemaking procedures
of RSA 541-A on the basis of one or more of the
following factors:
(1) The design and use of the device primarily to
accomplish recovery of material products;
(2) The use of the device to burn or reduce raw
materials to make a material product;
(3) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks;
(4) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(5) The use of the device in common industrial
practice to produce a material product; and
(6) Other factors, as applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.72, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.75, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.79 “Inherently waste-like material” means:
(a)
Materials identified by EPA hazardous waste numbers F020, F021 unless
used as an ingredient to make a product at the site of generation, F022, F023,
F026, and F028; or
(b)
Materials that have been determined to be “inherently waste-like”
by the department in accordance with Env-Hw 803.03(b)(5).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.73, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.76, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.80 “Injection well” means “injection well” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.74, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.77, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.81 “Inner liner” means “inner liner” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.75, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.78, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.82 “International shipment” means “international
shipment” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 103.76, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 103.79, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
PART Env-Hw
104 HAZARDOUS WASTE DEFINITIONS: L TO Z
Env-Hw 104.01 “Lamp” means “lamp” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.02 “Land disposal” means “land disposal” as
defined in 40 CFR 268.2(c), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405, eff 7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 104.03 “Land treatment facility” means “land
treatment facility” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.04 “Landfill” means a disposal facility or part
of a facility where hazardous waste is placed in or on land and that is not a
pile, a land treatment facility, a surface impoundment, an underground
injection well, a salt dome formation, a salt bed formation, an underground
mine, or a cave.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.05 “Leachate” means “leachate” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.06 “Liner” means “liner” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.07 “Location” as used in the definition of
“facility” means all contiguous land and all structures and other appurtenances
and improvements on the land.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.08 “Long-term care facility” means “long-term
care facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22
(See Revision Note #4 at chapter
heading for Env-Hw 100)
Env-Hw 104.09 “Management” means “hazardous waste
management” as defined in RSA 147-A:2, VIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.08, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.10 “Manifest” means “manifest” as defined in RSA
147-A:2, X, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.09, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.11 “Manifest
tracking number” means the alphanumeric identification number comprised
of a unique 3-letter suffix preceded by 9 numerical digits, which is
preprinted, by a source approved by EPA pursuant to 40 CFR 262.21, in item 4 of
the manifest.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.10, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.12 “Mercury-containing device” means any product
or component, excluding batteries and lamps, that contains elemental mercury integral to its
function and is housed within an outer casing. The term includes but is
not limited to thermostats, intact mercury-containing ampules, thermocouples,
thermometers, manometers, barometers, sphygmomanometers, electric switches and
relays, gas flow regulators, water meters, and electric meters that contain
mercury switches or relays.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #13405, eff 7-23-22 (formerly Env-Hw 104.11) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.13 “Military munitions” means “military
munitions” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.12, renumbered by #13405) (See
Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.14 “Mining overburden returned to the mine site”
means “mining overburden returned to the mine site” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.13, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.15 “Miscellaneous unit” means a hazardous waste
management unit where hazardous waste is treated, stored, or disposed of and
that is not a container, tank, surface impoundment, pile, land treatment unit,
landfill, incinerator, boiler, industrial furnace, underground injection well,
containment building, corrective action management unit, staging pile, or unit
eligible for a research, development, and demonstration permit under Env-Hw
304.05(d).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.14, renumbered by #13405) (See
Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.16 “New facility” means a facility that began
construction or operation after July 1, 1980.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.15, renumbered by #13405) (See
Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.17 “NH hazardous waste number” means the number
assigned by the department to each New Hampshire hazardous waste identified in
Env-Hw 400.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.16, renumbered by #13405) (See
Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw
104.18 “NH-only waste” means waste that
is regulated under the hazardous waste rules but not regulated by EPA.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #12920, eff 11-23-19 (formerly Env-Hw 104.51) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.17, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw
104.19 “Non-creditable hazardous waste
pharmaceutical” means “non-creditable hazardous waste pharmaceutical” as
defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw
104.20 “Notification form” means the
“RCRA C Site Identification Form” NHDES-S-01-009 dated February 2022 and used to notify the
department of hazardous waste, used oil, universal waste management activities,
and electronic manifest activities.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #12920, eff 11-23-19 (formerly Env-Hw 104.17) (See Revision Note
#3 at chapter heading for Env-Hw 100); ss by #13405,
eff 7-23-22 (formerly Env-Hw 104.18,
renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100)
Env-Hw 104.21 “Off-site” means any site that is not
on-site.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.18, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.19, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.22 “On-site” means “on-site” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.19, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.20 renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.23 “Operator” means “operator” as defined in RSA
147-A:2, XI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.20, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.21, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.24 “Owner” means “owner” as defined in RSA
147-A:2, XI-a, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.21, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.22, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.25 “Permit” means an authorization, license, or equivalent
control document issued by the department to implement the hazardous waste
rules. The term includes limited permits
and emergency permits. The term does not
include interim status or any document that has not been the subject of final
department action, such as a draft permit or proposed permit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.22, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.23, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.26 “Permit-by-rule” means a permit for a
facility or activity that is required to have a permit that exists by virtue of
compliance with specific provisions of the hazardous waste rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.23, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.24, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.27 “Person” means “person” as defined in RSA 147-A:2,
XII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.24, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.25, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.28 “Personnel” means all individuals who work at
or oversee the operation of a hazardous waste facility and whose actions or
failure to act may result in noncompliance with the hazardous waste rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.25, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.26, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.29 “Pesticide” means “pesticide” as defined in
40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.26, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly
Env-Hw 104.27, renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100)
Env-Hw 104.30 “Pharmaceutical,” for purposes of RSA 147-A:2, VII(b) and these rules,
means “pharmaceutical”
as defined in 40 CFR 266.500, reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.27, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); ss by #13405, eff 7-23-22
(formerly Env-Hw 104.28) (See Revision Note #4 at chapter heading for Env-Hw
100)
Env-Hw 104.31 “Pile” means “pile” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.29, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.29, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.32 “Point source”
means “point source” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.30, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.30, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.33 “Potentially creditable hazardous waste
pharmaceutical” means “potentially creditable hazardous waste pharmaceutical”
as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 104.34 “Processed scrap metal”
means “processed scrap metal” as defined in 40 CFR 261.1(c)(10), as reprinted
in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.30, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.31, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.35 “Professional certification” means
“certification” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.31, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.32, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.36 “Prompt
scrap metal” means “prompt scrap metal” as defined in 40 CFR 261.1(c)(12), as
reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.32, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.33, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.37 “Publicly owned treatment works (POTW)” means
a system used in the treatment of municipal sewage or industrial wastes of a
liquid nature that is owned by a government entity.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.33, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw
104.34, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.38 “RCRA” means “Act” or “RCRA” as defined by 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.34, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.35, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.39 “Reclaimed material” means a material that is
processed to recover a usable product or that is regenerated, such as recovery
of lead values from spent batteries and regeneration of spent solvents.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.35, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.36, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.40 “Recycled material” means any material that
is used, reused, or reclaimed, as those terms are defined in Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.36, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.37, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.41 “Representative sample” means “representative
sample” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.37, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw
104.38, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.42 “Residence” means any structure routinely
occupied as a dwelling or abode, including any seasonal dwelling that is used
as a secondary residence and is routinely occupied by someone for greater than
90 days per year.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.38, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.39, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.43 “Reverse distributor” means “reverse
distributor” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 104.44 “Run-off” means “run-off” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.39, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw
104.40, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104. 45 “Run-on” means “run-on” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.40, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.41, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.46 “Scrap metal” means “scrap metal” as defined
in 40 CFR 261.1(c)(6), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.41, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.42, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.47 “Secondary material” means any material that
is reclaimed and returned to the original process or processes in which it was
generated where it is reused in the production process.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.42, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.43, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.48 “Site” means “site” as defined in 40 CFR
270.2, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.43, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.44, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.49 “Sludge” means “sludge” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.44, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.50 “Small quantity generator (SQG)” means any
generator of hazardous waste who meets the criteria of Env-Hw 503.01.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.45, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.51 “Spent material” means “spent material” as
defined in RSA 147-A:2, XII-a, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.46, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.47, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.52 “Spill” means the accidental spilling,
leaking, pumping, pouring, emitting, or dumping of hazardous wastes or other
materials that, when spilled into or on any land or water, become hazardous
wastes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.47, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.48, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.53 “Standard permit” means a permit issued to a
facility in accordance with Env-Hw 304.01.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.48, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.54 “Standard temperature and pressure” means a temperature
of 20°C, equivalent to 68°F, and a pressure of one atmosphere.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.49, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.55 “State” means “state” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.50, renumbered by #12920) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.56 “Storage”
means “storage” as defined in RSA 147-A:2, XIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 104.52, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.57 “Surface impoundment” means “surface
impoundment” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.53, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.58 “SW-846” means EPA publication “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition,” November
1986, as amended by Update I dated July 1992, Update II dated September 1994,
Update IIA dated August 1993, Update IIB dated January 1995, Update III dated
December 1996, Update IIIA dated April 1998, Update IIIB dated November 2004,
and Update IV dated February 2007, available as noted in Appendix B.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.54, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.59 “Tank” means “tank” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.55, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.60 “Tank system” means “tank system” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.56, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.61 “Teratogen” means any substance that, during
the development of an embryo, causes permanent structural or functional changes
in the offspring.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.57, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.62 “Terne-plated oil filters” means oil filters
that are plated with terne, an alloy of lead and tin.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.58, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.63 “Thermal treatment” means the treatment of
hazardous waste using elevated temperatures as a primary means of changing the
chemical, physical, or biological character of the waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.59, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.64 “Thermostat” means a temperature control
device that contains metallic mercury in an ampule.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.60, renumbered by #13405) (See Revision Note
#4 at chapter heading ror Env-Hw
100)
Env-Hw 104.65 “Totally enclosed treatment facility” means
“totally enclosed treatment facility” as defined in 40 CFR 260.10, as reprinted
in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.61, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.66 “Trade secret” means “trade secret” as
defined in RSA 147-A:2, XIV, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.62, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.67 “Transfer facility” means all land and
structures, including loading docks and parking, storage, and other areas,
where hazardous wastes in transit are transferred from vehicle to vehicle or
are removed from a transport vehicle, and temporarily stored for 10 days or
less.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.63, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.68 “Transport” means “transport” as defined in
RSA 147-A:2, XV, as reprinted in Appendix C.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.64, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 104.69 “Transport vehicle” means “transport vehicle”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.65, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.70 “Transportation” means “transportation” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.66, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.71 “Transporter” means “transporter” as defined
in RSA 147-A:2, XVI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.67, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.72 “Treatability study” means “treatability
study” as defined in 40 CFR 260.10, as reprinted in Appendix D, except that “§
261.4 (e) and (f)” shall be replaced with “§ 261.4 (e) and (f) and Env-Hw
401.03(b)(14)”.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.68, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.73 “Treatment” means “treatment” as defined in
RSA 147-A:2, XVII, as reprinted in Appendix C.
The term includes the recovery of energy or residual resources from the waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.69, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.74 “Underground injection” means the subsurface
emplacement of fluids through a bored, drilled, or driven well, or through a
dug well where the depth of the dug well is greater than the largest surface
dimension, or into any pipe, conduit, or conveyance.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 10.70, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.75 “United States” means “United States” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.71, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.76 “Universal waste” means any of the following
hazardous wastes that may be managed in
accordance with Env-Hw 1100 in lieu of Env-Hw 300 through Env-Hw 700:
(a) Batteries;
(b) Pesticides;
(c) Mercury-containing devices;
(d) Lamps;
(e) Cathode ray tubes;
(f) Antifreeze; and
(g) Aerosol cans.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss
by #13405, eff 7-23-22 (formerly Env-Hw 104.72) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.77 “Universal waste handler” means:
(a)
A generator of universal waste; or
(b)
The owner or operator of a facility, including all contiguous property,
who:
(1) Receives universal waste from other universal
waste handlers;
(2) Accumulates universal waste; or
(3) Sends universal waste to another universal
waste handler, a destination facility, or a foreign destination.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.73, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.78 “Universal waste transporter” means
“universal waste transporter” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.74, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.79 “US DOT” means the United States department
of transportation.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.75, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.80 “Used oil” means any oil that has been
refined from crude oil and any synthetic oil that, through use or handling, has
become unsuitable for its original purpose due to the presence of physical or
chemical impurities or loss of original properties.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.76, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.81 “Used oil collection center” means any site
or facility that accepts used oil, aggregates used oil, or stores used oil, or
any combination thereof.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.77, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.82 “Used oil sludge” means residues, such as
tank bottoms, that separate from used oil due to gravity or other processing.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly
Env-Hw 104.78, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100)
Env-Hw 104.83 “Used or reused
material” means a material that is:
(a)
Employed as an ingredient including use as an intermediate in an industrial
process to make a product, for example, distillation bottoms from one process
used as feedstock in another process, but excluding a material from which
distinct components are recovered as separate end products, such as when metals
are recovered from metal-containing secondary materials; or
(b)
Employed in a particular function or application as an effective
substitute for a commercial product, for example, spent pickle liquor used as a
phosphorous precipitant and sludge conditioner in wastewater treatment.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.79, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.84 “Vessel” means “vessel” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.80, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.85 “Washout” means the movement of hazardous
waste from a facility as a result of flooding.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.81, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.86 “Waste” means “waste” as defined in RSA
147-A:2, XVIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.82, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 104.87 “Wastewater treatment unit” means a device
that:
(a)
Is part of a wastewater treatment facility that is subject to regulation
under either §402 or §307(b) of the Clean Water Act;
(b)
Receives and treats or stores an influent wastewater that is a hazardous
waste as identified in Env-Hw 400, or generates and accumulates a wastewater
treatment sludge that is a hazardous waste as identified in Env-Hw 400, or
treats or stores a wastewater treatment sludge that is a hazardous waste as
identified in Env-Hw 400; and
(c)
Meets the definition of tank or tank system in Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343, eff 8-14-17;
(formerly Env-Hw 104.83, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Appendix A:
State Statutes, Federal Regulations Implemented
Rule Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 101 |
RSA 147-A:3 |
40 CFR 260.3 |
Env-Hw 101.05 |
RSA 147-A:3, V |
40 CFR 260.4; 40
CFR 260.5 |
Env-Hw 102 |
RSA 147-A:2
& 3, I |
40 CFR 260.10 |
Env-Hw 103 |
RSA 147-A:2
& 3, I; RSA 147-B:2, III |
40 CFR 260.10;
40 CFR 261.1(c); 40 CFR 262.81; 40
CFR 273.9 |
Env-Hw 104 |
RSA 147-A:2
& 3, I |
40 CFR 260.10;
40 CFR 261.1(c); 40 CFR 268.2(c);
40 CFR 270.2; 40 CFR 273.9 |
Appendix B: Incorporation
by Reference Information
Rule |
Title |
Obtain at: |
Env-Hw 104.58 |
EPA publication
“SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
Third Edition, November 1986, as amended by Update I dated July 1992, Update
II dated September 1994, Update IIA dated August 1993, Update IIB dated
January 1995, Update III dated December 1996, Update IIIA dated April 1998,
Update IIIB dated November 2004, and Update IV dated February 2007 |
National Technical Information Service (NTIS) 5285 Port Royal Road Springfield, VA 22161 (800) 553-NTIS [(800)-553-6847] $360 or Free online at: |
Appendix C: State Statutory Definitions
RSA 147-A:2
III.
“Disposal” means the discharge, deposit, incineration, injection, dumping,
spilling, leaking or placing of any waste into or onto
any land or water so that the waste or any constituent of the waste may enter
the environment, be emitted into the air, or be discharged into any waters,
including groundwaters.
IV.
“Facility” means a location at which hazardous waste is subjected to treatment,
storage or disposal and may include a facility where hazardous waste has been
generated.
VI.
“Generator” means any person who owns or operates a facility where hazardous
waste is generated.
VII.
“Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste,
or any combination of these wastes:
(a) Which,
because of either quantity, concentration, or physical, chemical, or infectious
characteristics may:
(1) Cause or
contribute to an increase in mortality or an increase in irreversible or
incapacitating reversible illness; or
(2) Pose a
present or potential threat to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise
mismanaged.
(b) Or which
has been identified as a hazardous waste by the department using the criteria
established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such
wastes include, but are not limited to, those which are reactive, toxic,
corrosive, ignitable, irritants, strong sensitizers or which generate pressure
through decomposition, heat or other means. Such
wastes do not include radioactive substances that are regulated by the Atomic
Energy Act of 1954, as amended, or household pharmaceutical wastes collected
pursuant to RSA 318-E.
VIII.
“Hazardous waste management” means the systematic control of the generation,
collection, sorting, storage, processing, treatment, recovery
and disposal of hazardous waste.
X.
“Manifest” means the form used for identifying the origin, quantity, composition,
routing and destination of hazardous waste.
XI.
“Operator” means any person who, either directly or indirectly, operates or
otherwise controls or directs activities at a facility.
XI-a.
“Owner” means any person who, either directly or indirectly owns a facility.
The term “owner” does not include a person who, without participation in the
management or actual operation of a facility, holds indicia of ownership
primarily to protect a mortgage on real property on which a facility is located
or a security interest in personal property located at the facility.
XII.
“Person” means any individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association, state,
municipality, commission, United States government or any agency thereof,
political subdivision of the state, or any interstate body.
XII-a.
“Spent material” means any material that has been used and, as
a result of contamination, can no longer serve the purpose for which it
was produced without processing.
XIII.
“Storage” means the containment of hazardous wastes, either on a temporary
basis or for a period of years, in such a manner as not to constitute disposal
of the hazardous wastes.
XIV.
"Trade secret'' means any confidential formula, pattern, device or
compilation of information which is used in the employer's business
and which gives him an opportunity to obtain an advantage over competitors who
do not know or use it. A trade secret is known to the employer and those
employees to whom it is necessary to confide it.
XV.
“Transport” means the movement of hazardous wastes from the point of generation
to any intermediate points and, finally, to the point of ultimate storage or
disposal.
XVI.
“Transporter” means any person who transports hazardous waste.
XVII.
“Treatment” means any process, including neutralization, designed to change the
physical, chemical or biological character or
composition of any hazardous waste so as to neutralize the waste or to render
the waste not hazardous, safer for transport, amenable to recovery, amenable to
storage or reduced in volume.
XVIII.
“Waste” means any matter consisting of: garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other spent, discarded or abandoned material including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities,
but does not include domestic sewage, irrigation return waters, wastewater
discharges in compliance with applicable state or federal permits, or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended.
RSA 147-B:2
III.
“Facility” means any site, area or location where hazardous waste or hazardous
materials are or have been treated, stored, generated, disposed of, or
otherwise come to be located.
Appendix D: Federal Definitions and regulations
40 CFR 260.4
(a)
In any case in which the state in which waste is generated, or the state
in which waste will be transported to a designated facility, requires that the
waste be regulated as a hazardous waste or otherwise be tracked through a
hazardous waste manifest, the designated facility that receives the waste
shall, regardless of the state in which the facility is located:
(1) Complete the facility
portion of the applicable manifest;
(2) Sign and date the facility
certification;
(3) Submit to the e-Manifest
system a final copy of the manifest for data processing purposes; and
(4) Pay the appropriate per
manifest fee to EPA for each manifest submitted to the e-Manifest system,
subject to the fee determination methodology, payment methods, dispute
procedures, sanctions, and other fee requirements specified in subpart FF of
part 264 of this chapter.
40 CFR 260.5
(a)
For purposes of this section, “state-only regulated waste” means:
(1) A non-RCRA waste that a
state regulates more broadly under its state regulatory program, or
(2) A RCRA hazardous waste that
is federally exempt from manifest requirements, but not exempt from manifest
requirements under state law.
(b)
In any case in which a state requires a RCRA manifest to be used under
state law to track the shipment and transportation of a state-only regulated
waste to a receiving facility, the facility receiving such a waste shipment for
management shall:
(1) Comply with the provisions
of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this
chapter; and
(2) Pay the appropriate per
manifest fee to EPA for each manifest submitted to the e-Manifest system,
subject to the fee determination methodology, payment methods, dispute
procedures, sanctions, and other fee requirements specified in subpart FF of
part 264 of this chapter.
40
CFR 260.10
Act or RCRA means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section
6901 et seq.
Administrator means the Administrator of the Environmental Protection Agency, or his
designee.
Aerosol can means
a non-refillable receptacle containing a gas compressed, liquefied, or
dissolved under pressure, the sole purpose of which is to expel a liquid,
paste, or powder and fitted with a self-closing release device allowing the
contents to be ejected by the gas.
Aquifer means a geologic formation, group of formations, or part of a formation
capable of yielding a significant amount of ground water to wells or springs.
Authorized
representative means the person responsible for the
overall operation of a facility or an operational unit (i.e., part of a
facility), e.g., the plant manager, superintendent or
person of equivalent responsibility.
Battery means a device consisting of one or more electrically connected
electrochemical cells which is designed to receive, store, and deliver electric
energy. An electrochemical cell is a system consisting of an anode, cathode,
and an electrolyte, plus such connections (electrical and mechanical) as may be
needed to allow the cell to deliver or receive electrical energy. The term
battery also includes an intact, unbroken battery from which the electrolyte
has been removed.
Boiler means
an enclosed device using controlled flame combustion and having the following
characteristics:
(1)(i) The unit must have physical provisions for recovering
and exporting thermal energy in the form of steam, heated fluids, or heated
gases; and
(ii)
The unit’s combustion chamber and primary energy recovery sections(s) must be
of integral design. To be of integral design, the combustion chamber
and the primary energy recovery section(s) (such as waterwalls and
superheaters) must be physically formed into one manufactured or assembled
unit. A unit in which the combustion chamber and the primary energy recovery
section(s) are joined only by ducts or connections carrying flue gas is not
integrally designed; however, secondary energy recovery equipment (such as
economizers or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section. The
following units are not precluded from being boilers solely because they are
not of integral design: process heaters (units that transfer energy directly to
a process stream), and fluidized bed combustion units; and
(iii) While in operation, the unit must maintain a
thermal energy recovery efficiency of at least 60 percent, calculated in terms
of the recovered energy compared with the thermal value of the fuel; and
(iv) The unit must export and utilize at least 75
percent of the recovered energy, calculated on an annual basis. In this
calculation, no credit shall be given for recovered heat used internally in the
same unit. (Examples of internal use are the preheating of fuel or combustion
air, and the driving of induced or forced draft fans or feedwater pumps); or
(2) The unit is one which the Regional
Administrator has determined, on a case-by-case basis, to be a boiler, after
considering the standards in § 260.32.
Certification means a statement of professional opinion based upon knowledge and
belief.
Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds
of distinctly lower permeability than that of the aquifer itself; an aquifer
containing confined ground water.
Container means any portable
device in which a material is stored, transported, treated, disposed of, or
otherwise handled.
Containment building means a hazardous
waste management unit that is used to store or treat hazardous waste under the
provisions of subpart DD of parts 264 or 265 of this chapter.
Contingency plan means a document
setting out an organized, planned, and coordinated course of action to be
followed in case of a fire, explosion, or release of hazardous waste or
hazardous waste constituents which could threaten human health or the
environment.
Dike means an embankment or
ridge of either natural or man-made materials used to prevent the movement of
liquids, sludges, solids, or other materials.
Drip pad is an engineered
structure consisting of a curbed, free-draining base, constructed of
non-earthen materials and designed to convey
preservative kick-back or drippage from treated wood, precipitation, and
surface water run-on to an associated collection system at wood preserving
plants.
Electronic manifest (or e-Manifest) means
the electronic format of the hazardous waste manifest that is obtained from
EPA’s national e-Manifest system and transmitted electronically to the system,
and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A
(Continuation Sheet).
Electronic Manifest
System (or e-Manifest System) means EPA’s national information technology
system through which the electronic manifest may be obtained, completed, transmitted,
and distributed to users of the electronic manifest and to regulatory agencies.
Explosives or
munitions emergency means a situation involving the suspected or detected presence of
unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an
improvised explosive device (IED), other potentially explosive material or
device, or other potentially harmful military chemical munitions or device,
that creates an actual or potential imminent threat to human health, including
safety, or the environment, including property, as determined by an explosives
or munitions emergency response specialist. Such situations may require
immediate and expeditious action by an explosives or munitions emergency
response specialist to control, mitigate, or eliminate the threat.
Explosives or
munitions emergency response means all immediate response activities by an explosives and munitions
emergency response specialist to control, mitigate, or eliminate the actual or
potential threat encountered during an explosives or munitions emergency. An
explosives or munitions emergency response may include in place render-safe
procedures, treatment or destruction of the explosives or munitions and/or
transporting those items to another location to be rendered safe, treated, or
destroyed. Any reasonable delay in the completion of an explosives or munitions
emergency response caused by a necessary, unforeseen, or uncontrollable
circumstance will not terminate the explosives or munitions emergency.
Explosives and munitions emergency responses can occur on either public or
private lands and are not limited to responses at RCRA facilities.
Explosives or
munitions emergency response specialist means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques. Explosives
or munitions emergency response specialists include Department of Defense (DOD)
emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State, or
local government, or civilian personnel similarly trained in explosives or
munitions emergency responses.
Free liquids means liquids which readily
separate from the solid portion of a waste under ambient temperature and
pressure.
Ground water means water below the
land surface in a zone of saturation.
Incompatible waste means a hazardous
waste which is unsuitable for:
(1)
Placement in a particular device or facility because it may cause corrosion
or decay of containment materials (e.g., container inner liners or tank walls);
or
(2) Commingling with another waste or
material under uncontrolled conditions because the commingling might produce
heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
fumes, or gases, or flammable fumes or gases.
(See appendix V of
parts 264 and 265 of this chapter for examples.)
Injection well means a well into
which fluids are injected. (See also “underground injection”.)
Inner liner means a continuous
layer of material placed inside a tank or container which protects the
construction materials of the tank or container from the contained waste or
reagents used to treat the waste.
International shipment
means the transportation of hazardous waste into or out of the
jurisdiction of the United States.
Lamp, also referred to as
“universal waste lamp”, is defined as the bulb or tube portion of an electric
lighting device. A lamp is specifically designed to produce radiant energy,
most often in the ultraviolet, visible, and infra-red regions of the
electromagnetic spectrum. Examples of common universal waste electric lamps
include, but are not limited to, fluorescent, high intensity discharge, neon,
mercury vapor, high pressure sodium, and metal halide lamps.
Land treatment
facility means a facility or part of a facility at which hazardous waste is
applied onto or incorporated into the soil surface; such facilities are
disposal facilities if the waste will remain after closure.
Leachate means any liquid,
including any suspended components in the liquid, that has percolated through
or drained from hazardous waste.
Liner means a continuous
layer of natural or man-made materials, beneath or on the sides of a surface
impoundment, landfill, or landfill cell, which restricts the downward or
lateral escape of hazardous waste, hazardous waste constituents, or leachate.
Military munitions means all ammunition
products and components produced or used by or for the U.S. Department of
Defense or the U.S. Armed Services for national defense and security, including
military munitions under the control of the Department of Defense, the U.S.
Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel.
The term military munitions includes: confined gaseous, liquid, and solid
propellants, explosives, pyrotechnics, chemical and riot control agents,
smokes, and incendiaries used by DOD components, including bulk explosives and
chemical warfare agents, chemical munitions, rockets, guided and ballistic
missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms
ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and
dispensers, demolition charges, and devices and components thereof. Military
munitions do not include wholly inert items, improvised explosive devices, and
nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear
components of nuclear devices, managed under DOE’s nuclear weapons program
after all required sanitization operations under the Atomic Energy Act of 1954,
as amended, have been completed.
Mining overburden
returned to the mine site means any material overlying an economic mineral deposit which is
removed to gain access to that deposit and is then used for reclamation of a
surface mine.
On-site means the same or
geographically contiguous property which may be divided by public or private
right-of-way, provided the entrance and exit between
the properties is at a cross-roads intersection, and access is by crossing as
opposed to going along, the right-of-way. Non-contiguous properties owned by
the same person but connected by a right-of-way which he controls and to which
the public does not have access, is also considered on-site property.
Pesticide means any substance or
mixture of substances intended for preventing, destroying, repelling, or
mitigating any pest, or intended for use as a plant regulator, defoliant, or
desiccant, other than any article that:
(1)
Is a new animal drug under FFDCA section 201(w), or
(2)
Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (1) or (2) of this definition.
Pile means any
non-containerized accumulation of solid, nonflowing hazardous waste that is
used for treatment or storage and that is not a containment building.
Point source means any discernible,
confined, and discrete conveyance, including, but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling
stock, concentrated animal feeding operation, or vessel or other floating
craft, from which pollutants are or may be discharged. This term does not
include return flows from irrigated agriculture.
Recognized trader means a person
domiciled in the United States, by site of business, who acts to arrange and
facilitate transboundary movements of wastes destined for recovery or disposal
operations, either by purchasing from and subsequently selling to United States
and foreign facilities, or by acting under arrangements with a United States
waste facility to arrange for the export or import of the wastes.
Representative sample means a sample of a
universe or whole (e.g., waste pile, lagoon, ground water) which can be
expected to exhibit the average properties of the universe or whole.
Run-off means any rainwater,
leachate, or other liquid that drains over land from any part of a facility.
Run-on means any rainwater,
leachate, or other liquid that drains over land onto any part of a facility.
Sludge means any solid,
semi-solid, or liquid waste generated from a municipal, commercial, or
industrial wastewater treatment plant, water supply treatment plant, or air
pollution control facility exclusive of the treated effluent from a wastewater
treatment plant.
State means any of the
several States, the District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands.
Surface impoundment or impoundment means
a facility or part of a facility which is a natural topographic depression,
man-made excavation, or diked area formed primarily of earthen materials
(although it may be lined with man-made materials), which is designed to hold
an accumulation of liquid wastes or wastes containing free liquids, and which
is not an injection well. Examples of surface impoundments are holding, storage,
settling, and aeration pits, ponds, and lagoons.
Tank means a stationary
device, designed to contain an accumulation of hazardous waste which is
constructed primarily of non-earthen materials (e.g., wood, concrete, steel,
plastic) which provide structural support.
Tank system means a hazardous
waste storage or treatment tank and its associated ancillary equipment and
containment system.
Totally enclosed
treatment facility means a facility for the treatment of hazardous waste which is
directly connected to an industrial production process
and which is constructed and operated in a manner which prevents the release of
any hazardous waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transport vehicle means a motor vehicle
or rail car used for the transportation of cargo by any mode. Each
cargo-carrying body (trailer, railroad freight car, etc.) is a separate
transport vehicle.
Transportation means the movement of
hazardous waste by air, rail, highway, or water.
Treatability Study means a study in which a hazardous waste is subjected to a treatment
process to determine: (1) Whether the waste is amenable to the treatment
process, (2) what pretreatment (if any) is required, (3) the optimal process
conditions needed to achieve the desired treatment, (4) the efficiency of a
treatment process for a specific waste or wastes, or (5) the characteristics
and volumes of residuals from a particular treatment process. Also included in
this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner
compatibility, corrosion, and other material compatibility studies and
toxicological and health effects studies. A ‘‘treatability study’’ is not a
means to commercially treat or dispose of hazardous waste.
United States means the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
Universal Waste
Transporter means a person engaged in the off-site transportation of universal
waste by air, rail, highway, or water.
Vessel includes every
description of watercraft, used or capable of being used as a means of
transportation on the water.
Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood
pulp, fabric, cotton, polyester blends, or other material.
40 CFR 261.1(c)(3)
A “by-product” is a
material that is not one of the primary products of a production process and is
not solely or separately produced by the production process. Examples are
process residues such as slags or distillation column bottoms. The term does
not include a co-product that is produced for the general public’s use and is
ordinarily used in the form it is produced by the process.
40 CFR 261.1(c)(6)
“Scrap metal” is bits
and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal
pieces that may be combined together with bolts or
soldering (e.g., radiators, scrap automobiles, railroad box cars), which when
worn or superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded scrap metal”
is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt
scrap metal.
40 CFR 261.1(c)(10)
“Processed scrap
metal” is scrap metal which has been manually or physically altered to either
separate it into distinct materials to enhance economic value or to improve the
handling of materials. Processed scrap metal includes, but
is not limited to scrap metal which has been baled, shredded, sheared, chopped,
crushed, flattened, cut, melted, or separated by metal type (i.e., sorted),
and, fines, drosses and related materials which have
been agglomerated. (Note: shredded circuit boards being sent for recycling are
not considered processed scrap metal. They are covered under the exclusion from
the definition of solid waste for shredded circuit boards being recycled (§
261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home scrap metal” is
scrap metal as generated by steel mills, foundries, and refineries such as
turnings, cuttings, punchings, and borings.
40 CFR 261.1(c)(12)
“Prompt scrap metal”
is scrap metal as generated by the metal working/fabrication industries and
includes such scrap metal as turnings, cuttings, punchings,
and borings. Prompt scrap is also known as industrial or new scrap metal.
40 CFR 261.4(a)(1)(ii)
“Domestic Sewage”
means untreated sanitary wastes that pass through a sewer system.
40 CFR 262.81
EPA Acknowledgment of
Consent (AOC) means the letter EPA sends to the exporter documenting the
specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition
of an export license in U.S. Census Bureau regulations 15 CFR 30.1.
Exporter, also known as
primary exporter on the RCRA hazardous waste manifest, means the person
domiciled in the United States who is required to originate the movement
document in accordance with § 262.83(d) or the manifest for a shipment of
hazardous waste in accordance with subpart B of this part, or equivalent State
provision, which specifies a foreign receiving facility as the facility to
which the hazardous wastes will be sent, or any recognized trader who proposes
export of the hazardous wastes for recovery or disposal operations in the
country of import.
Importer means the person to whom possession or other form of legal control of
the hazardous waste is assigned at the time the imported hazardous waste is
received in the United States.
40
CFR 266.500
Evaluated hazardous waste
pharmaceutical means
a prescription hazardous waste pharmaceutical that has been evaluated by a
reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another
reverse distributor for further evaluation or verification of manufacture
credit.
Hazardous waste pharmaceutical means a pharmaceutical that is a
solid waste, as defined in § 261.2, and exhibits one or more characteristics
identified in part 261 subpart C or is listed in part 261 subpart D. A
pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a
hazardous waste pharmaceutical, if it is legitimately used/reused (e.g.,
lawfully donated for its intended purpose) or reclaimed. An over-the-counter
pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste,
as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if
it has a reasonable expectation of being legitimately used/reused (e.g., lawfully
redistributed for its intended purpose) or reclaimed.
Healthcare
facility
means any person that is lawfully authorized to—
(1) Provide preventative, diagnostic,
therapeutic, rehabilitative, maintenance or palliative care, and counseling,
service, assessment or procedure with respect to the
physical or mental condition, or functional status, of a human or animal or
that affects the structure or function of the human or animal body; or
(2)
Distribute, sell, or dispense pharmaceuticals, including over-the-counter
pharmaceuticals, dietary supplements, homeopathic drugs, or prescription
pharmaceuticals. This definition includes, but is not limited to, wholesale
distributors, third-party logistics providers that serve as forward
distributors, military medical logistics facilities, hospitals, psychiatric
hospitals, ambulatory surgical centers, health clinics, physicians’ offices,
optical and dental providers, chiropractors, long-term care facilities,
ambulance services, pharmacies, long-term care pharmacies, mail-order
pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary
hospitals. This definition does not include pharmaceutical manufacturers,
reverse distributors, or reverse logistics centers.
Long-term care facility means a licensed entity that provides assistance with activities of daily living,
including managing and administering pharmaceuticals to one or more individuals
at the facility. This definition includes, but is not limited to, hospice
facilities, nursing facilities, skilled nursing facilities, and the nursing and
skilled nursing care portions of continuing care retirement communities. Not
included within the scope of this definition are group homes, independent
living communities, assisted living facilities, and the independent and
assisted living portions of continuing care retirement communities.
Non-creditable hazardous waste
pharmaceutical means
a prescription hazardous waste pharmaceutical that does not have a reasonable
expectation to be eligible for manufacturer credit or a nonprescription
hazardous waste pharmaceutical that does not have a reasonable expectation to
be legitimately used/reused or reclaimed. This includes but is not limited to,
investigational drugs, free samples of pharmaceuticals received by healthcare
facilities, residues of pharmaceuticals remaining in empty containers,
contaminated personal protective equipment, floor sweepings, and clean-up
material from the spills of pharmaceuticals.
Pharmaceutical means any drug or dietary supplement
for use by humans or other animals; any electronic nicotine delivery system
(e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid)
packaged for retail sale for use in electronic nicotine delivery systems (e.g.,
pre-filled cartridges or vials). This definition includes, but is not limited
to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act;
prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs;
homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals
remaining in non-empty containers; personal protective equipment contaminated
with pharmaceuticals; and clean-up material from spills of pharmaceuticals.
This definition does not include dental amalgam or sharps.
Potentially creditable hazardous
waste pharmaceutical
means a prescription hazardous waste pharmaceutical that has a reasonable
expectation to receive manufacturer credit and is—
(1)
In original manufacturer packaging (except pharmaceuticals that were subject
to a recall);
(2)
Undispensed; and
(3)
Unexpired or less than one year past expiration date. The term does not
include evaluated hazardous waste pharmaceuticals or nonprescription
pharmaceuticals including, but not limited to, over-the-counter drugs,
homeopathic drugs, and dietary supplements.
Reverse distributor means any person that receives and
accumulates prescription pharmaceuticals that are potentially creditable
hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer
credit. Any person, including forward distributors, third-party logistics
providers, and pharmaceutical manufacturers, that processes prescription
pharmaceuticals for the facilitation or verification of manufacturer credit is
considered a reverse distributor.
40 CFR 268.2(c)
Land disposal means placement in or on
the land, except in a corrective action management unit or staging pile, and
includes, but is not limited to, placement in a landfill, surface impoundment,
waste pile, injection well, land treatment facility, salt dome formation, salt
bed formation, underground mine or cave, or placement in a concrete vault, or
bunker intended for disposal purposes.
40 CFR 270.2
Site means the land or
water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or activity.
40 CFR 273.2(c)(2)
An
unused battery becomes a waste on the date the handler decides to discard it.
40 CFR 273.3(c)(1)
A
recalled pesticide described in paragraph (a)(1) of this section becomes a
waste on the first date on which both of the following conditions apply:
(i) The
generator of the recalled pesticide agrees to participate in the recall; and
(ii) The person conducting the recall decides
to discard (e.g., burn the pesticide for energy recovery).
40 CFR 273.3(c)(2)
An
unused pesticide product described in paragraph (a)(2) of this section becomes
a waste on the date the generator decides to discard it.
40 CFR 273.4(c)(2)
Unused
mercury-containing equipment becomes a waste on the date the handler decides to
discard it.
40 CFR 273.5(c)(2)
An
unused lamp becomes a waste on the date the handler decides to discard it.
40 CFR
273.6(c)(2)
An unused aerosol can becomes a waste on the
date the handler decides to discard it.
40 CFR
273.13(e)(4)(i)
Conduct
puncturing and draining activities using a device specifically designed to
safely puncture aerosol cans and effectively contain the residual contents and
any emissions thereof.
40 CFR
273.33(c)(2)
A
large quantity handler of universal waste may remove mercury-containing ampules
from universal waste mercury-containing equipment provided the handler:
(i) Removes and
manages the ampules in a manner designed to prevent breakage of the ampules;
(ii) Removes the ampules only over or in a
containment device (e.g., tray or pan sufficient to collect and contain any
mercury released from an ampule in case of breakage);
(iii) Ensures that a mercury clean-up system is
readily available to immediately transfer any mercury resulting from spills or
leaks of broken ampules from that containment device to a container that is
subject to all applicable requirements of 40 CFR parts 260 through 272;
(iv) Immediately transfers any mercury resulting
from spills or leaks from broken ampules from the containment device to a
container is subject to all applicable requirements of 40 CFR parts 260 through
272;
(v) Ensures that the area in which ampules are
removed is well ventilated and monitored to ensure compliance with applicable
OSHA exposure levels for mercury;
(vi) Ensures that employees removing ampules are
thoroughly familiar with proper waste mercury handling and emergency
procedures, including transfer of mercury from containment devices to
appropriate containers;
(vii) Stores removed ampules in closed, non-leaking
containers that are in good condition;
(viii) Packs removed ampules in the container with
packing materials adequate to prevent breakage during storage, handling, and
transportation.
Appendix
E: Emergency telephone numbers
Organization |
Telephone
Number |
Days/Hours |
DES Emergency Response Team |
(603) 271-3899 |
Monday through Friday; 8 a.m. to 4 p.m. |
N.H. State Police Headquarters
Communications Unit |
(603) 223-4381 |
Every day; 24 hours per day |