CHAPTER
Env-Hw 200
PROCEDURAL RULES
Statutory
Authority: RSA 147-A:3; RSA 541-A:16, I(b) & (c)
REVISION NOTE:
Document
#9361-A, effective 1-28-09, readopted with amendments and renumbered as Part Env-Hw 201 through Part Env-Sw 203 the
rules in former Part Env-Wm 211 through Part Env-Wm 213 that had contained procedural
rules on hazardous waste management in the areas of applicability and purpose,
waivers, and claims of confidentiality.
Document
#9361-B, effective 1-28-09, readopted with amendments and renumbered as Part
Env-Hw 204 through Part Env-Hw
206 the rules in former Part Env-Wm 214 through Part Env-Wm 216, and that had
contained procedural rules on hazardous waste management in the area of non-adjudicative
hearings, adjudicative hearings, and rulemaking petitions.
Document
# 9361-A and Document # 9361-B replace all prior filings for procedural rules
on hazardous waste formerly in Chapter Env-Wm 200. 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.
The prior filings for
the former procedural rules in Env-Wm 200 on hazardous waste management include
the following documents:
#5053, eff 1-24-91
#5886, eff 8-26-94
#6384-B, eff 11-26-96
#7207-B, eff 2-26-00
#7333, eff 8-1-00
#7577, eff 10-13-01
#8461-A, eff 10-28-05
#9215, INTERIM, eff 8-1-08
PART
Env-Hw 201 APPLICABILITY AND PURPOSE
Env-Hw
201.01 Purpose. The purpose of this chapter is to establish
the procedural requirements for waivers and claims of confidentiality specific
to the hazardous waste rules.
Source.
(See Revision Note at chapter heading
for Env-Hw 200)
#9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
201.02 Applicability. This chapter shall apply to all procedures
undertaken pursuant to RSA 147-A and the hazardous waste rules.
Source. (See
Revision Note at chapter heading for Env-Hw 200)
#9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
PART
Env-Hw 202
WAIVERS
Env-Hw
202.01 Applicability.
(a)
Any person who is or would be directly and adversely affected by the
strict application of a hazardous waste rule and who wishes to obtain a waiver
shall do so in accordance with this part.
(b)
A waiver may be requested from any of the following requirements that is
more stringent than the corresponding federal requirement:
(1)
Small quantity generator requirements of Env-Hw
500;
(2)
Used oil requirements of Env-Hw 807;
(3)
Classification as a regulated waste for certain recycled materials as
defined by 40 CFR 260.30;
(4)
Classification as a boiler as defined in Env-Hw
103;
(5)
Siting requirements of Env-Hw 304.09; and
(6)
Any requirement in the hazardous waste rules that is more stringent than
any requirement imposed by EPA in 40 CFR 260 through 280.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
202.02 Waiver Requests. The person requesting a waiver shall provide
the following information in writing to the department:
(a)
An identification of the facility or activity to which the request relates;
(b)
An identification of the specific section of the rules from which a
waiver is sought;
(c)
A full explanation of why a waiver is being requested, including a
description of the operational and economic consequences of complying with the
rule as written;
(d)
A full explanation of any alternate procedure, method, or other activity
that is proposed to be substituted for the procedure, method, or other activity
required by the rule from which a waiver is being sought, if any;
(e)
Results of all tests, studies, or other data generated to determine the
need for a waiver;
(f)
A full explanation of how the requirement for which the waiver is
requested is more stringent than the corresponding federal requirement;
(g)
A full explanation of why the person believes that having the waiver
granted will meet the criteria specified in Env-Hw 202.04;
(h)
For a temporary waiver, the duration of the waiver requested and the
proposed time frame and manner in which full
compliance will be achieved; and
(i) For any waiver from the siting requirements
specified in Env-Hw 304.09, information demonstrating
that the engineering safeguards of the facility are designed to ensure normal operation,
prevention of public health threatening accidents, and mitigation of hazardous
waste discharges to the environment, which may include studies demonstrating
that the site has characteristics or features making it unlikely that the
facility will pose environmental and public health risks.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
202.03 Timing of Request; Review
Process.
(a)
A request for waiver from the siting requirements of Env-Hw 304.09 shall be made at the time of application
submittal under Env-Hw 304.14. The department shall address the applicant’s
waiver request within the site evaluation required by Env-Hw
304.14(b), which is subject to public review under Env-Hw
304.21.
(b)
Other requests for waivers that relate to a permit application shall be
submitted to the department with the application or as soon thereafter as the
need is identified. The department shall
consider the request as part of the application.
(c)
Any request that is not covered by (a) or (b), above, shall be submitted
to the department as soon as the need for the waiver is known.
(d) Upon receipt of a request for a waiver, the
department shall review the submitted information. If the request does not contain all
information required by Env-Hw 202.02, the department
shall notify the applicant of what information is needed to complete the
request.
(e)
If a complete request does not provide sufficient information to allow
the department to independently conclude that the criteria in Env-Hw 202.04 will be met, the department shall so inform the
person who filed the waiver request and offer the person an opportunity to
supply additional information. If the
person does not supply additional information that is sufficient to allow the
department to conclude the applicable criteria are met, the department shall
deny the waiver request.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
202.04 Waiver Criteria.
(a)
The department shall grant a waiver if it determines that:
(1)
The requested waiver would not result in conditions that are likely to
threaten public health or cause degradation of the environment;
(2)
The economic, technological, and safety benefits of granting a waiver
are greater than the benefits of not granting a waiver;
(3)
The requested waiver would not result in less stringent requirements
than the federal requirements;
(4)
With respect to classification of recycled materials as a regulated
waste as specified in
40 CFR 260.30, the criteria set forth in 40 CFR 260.31 are also satisfied; and
(5)
With respect to waivers to be classified as a boiler, the criteria set
forth in 40 CFR 260.32 are also satisfied.
(b)
A waiver shall be granted only if the information submitted by the
applicant allows the department to independently conclude that the criteria
specified in (a), above, are met.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
202.05 Waiver Issuance or Denial.
(a)
The department shall notify the person requesting the waiver in writing
of the department’s determination.
(b)
If the waiver request is part of a permit application, the granted
waiver shall be incorporated into the permit if the permit application is
approved.
(c)
With respect to waiver requests from classification as a regulated waste
under 40 CFR 260.30, and waiver requests to be classified as a boiler, the
department shall follow the review and notification procedures set forth in 40
CFR 260.33(b).
(d)
If the waiver request is denied, the notice sent pursuant to (a), above,
shall include the reason(s) for the denial and information on how to appeal the
decision.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
202.06 Compliance with Waiver
Conditions.
(a)
If a waiver is granted, the department shall include such conditions as
are necessary to ensure that the criteria specified in Env-Hw
202.04 will be met for the duration of the waiver.
(b)
Any petitioner granted a waiver or temporary waiver shall comply with
the conditions set forth in the waiver or temporary waiver and with all
applicable sections of the hazardous waste rules.
(c)
Failure to comply with the conditions of a waiver or temporary waiver
shall constitute grounds for modification as specified in Env-Hw 304.26, or suspension or revocation as specified in Env-Hw 304.27, as well as enforcement actions as set forth in
RSA 147-A.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
PART
Env-Hw 203
CLAIMS OF CONFIDENTIALITY
Env-Hw
203.01 Purpose. The purpose of this part is to provide a
mechanism by which persons submitting information to the department can protect
trade secrets.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
203.02 Procedure for Asserting Claim. Any person submitting information to the
department that the person reasonably and in good faith believes constitutes a
trade secret as defined in Env-Hw 104 or confidential
business information as defined in Env-C 208.03 shall assert a claim of
confidentiality with respect to the submitted information in accordance with
Env-C 208.04.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17
Env-Hw
203.03 Exceptions. No claim of confidentiality shall be made
with respect to the following:
(a)
Any non-confidential information specified in Env-C 208.06;
(b)
The name and address of any applicant for a permit;
(c)
Information contained on hazardous waste manifests or electronic
manifests, a specified in 40 CFR 260.2(c); and
(d)
Information contained on hazardous waste export and import documents, as
specified in 40 CFR 260.2(d).
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-A, eff 1-28-09; ss by #12344-A, eff 8-14-17; ss by #12921, eff 11-23-19
PART Env-Hw
204 NON-ADJUDICATIVE HEARINGS
Env-Hw 204.01 Non-Adjudicative
Hearings. Non-adjudicative hearings
shall be conducted in accordance with the applicable provisions of Env-C 200.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-B, eff
1-28-09; ss by #12344-A, eff 8-14-17
PART
Env-Hw 205
ADJUDICATIVE HEARINGS
Env-Hw
205.01 Adjudicative Hearings. Adjudicative hearings shall be conducted in
accordance with the applicable provisions of Env-C 200.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-B, eff
1-28-09; ss by #12344-A, eff 8-14-17
PART
Env-Hw 206
RULEMAKING PETITIONS
Env-Hw
206.01 Rulemaking Petitions. Any person may petition the commissioner to
amend or repeal any provision in the hazardous waste rules in accordance with
Env-C 207 and 40 CFR 260.20.
Source.
(See Revision Note at chapter heading for Env-Hw
200) #9361-B, eff
1-28-09; ss by #12344-A, eff 8-14-17
PART
Env-Hw 207
CERTIFICATIONS
Env-Hw
207.01 Purpose. The purpose of this rule is to impose a
requirement that all submissions to the department pursuant to rules with the
subtitle Env-Hw be truthful, complete, and not
misleading to the best of the signer’s knowledge and belief. This requirement
is in addition to any other specific certifications contained in other rules in
this subtitle, and it further imposes a requirement that those specific
certifications also be true, complete, and not misleading to the best of the
signer’s knowledge.
Source.
#12344-B, eff 8-14-17
Env-Hw
207.02 Certification Oath or
Affirmation. Whenever any individual
submits information to the department and that applicant is required to provide
a certification regarding the contents of that submission, that certification
shall represent the signer’s oath or affirmation that:
(a)
To the best of the signer’s knowledge and belief, the contents of the
submission are true, complete, and not misleading;
(b)
He or she understands that a violation of any certification within this
subtitle will subject that individual to the penalties found in Env-Hw 207.04; and
(c)
Any additional, specific certification required in rules in this
subtitle are made both on their own terms and that they are, to the best of the
signer’s knowledge and belief, true, complete, and not misleading.
Source.
#12344-B, eff 8-14-17
Env-Hw
207.03 Methods of Certification.
(a)
When making a certification as part of completing a department form, the
signer shall sign and date the form beneath a certification statement
describing the requirements of Env-Hw 207.02 and any
other relevant certifications.
(b)
When making a certification as part of a written application, letter, or
any other submission to the department other than a form described in (a)
above, the signer shall certify the contents of the application by signing and
dating under a statement containing a citation to Env-Hw
207.02 and any law or rule containing any additional certifications.
Source.
#12344-B, eff 8-14-17
Env-Hw 207.04 Penalties. If the department finds the contents of a
submission certified, as required in rules in this subtitle, were untrue,
incomplete, or misleading, or if any other certification imposed by rules in
this subtitle is violated, that submission shall constitute grounds for:
(a)
Denying the application or other request supported by the certification;
(b)
Revoking or suspending any permit or other department approval that was
granted based on such certification;
(c)
If the certifier is a professional engineer, referring the matter to the
office of professional licensure and certification established by RSA 310-A:1;
and
(d)
Seeking to impose the penalties specified in New Hampshire for
falsification in official matters, currently RSA 641.
Source.
#12344-B, eff 8-14-17
Appendix
A: State Statutes, Federal Regulations
Implemented
Rule
Section(s) |
State Statute(s) |
Federal Regulation(s) |
Env-Hw 201 |
RSA 147-A:3; RSA
541-A:16, I(b) |
|
Env-Hw 202 |
RSA 147-A:3, I, III
and IV; RSA 541-A:22, IV |
40 CFR 260 Subpart
C |
Env-Hw 203 |
RSA 147-A:3, I, III
and IV; RSA 541-A:16, I |
40 CFR 260.2 |
Env-Hw 204 & 205 |
RSA 147-A:3, I, III
and IV; RSA 541-A:16, I |
40 CFR 260 Subpart
C |
Env-Hw 206 |
RSA 541-A:16, I(c) |
40 CFR 260 Subpart
C |
Env-Hw 207 |
RSA 147-A:3,VI; RSA
541-A:16, I |
|
Appendix B:
Incorporation by Reference Information
[none in this Chapter]
Appendix
C: State Statutory Definitions
RSA 147-A:2
III. “Disposal”
means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or
water so that the waste or any constituent of the waste may enter the
environment, be emitted into the air, or be discharged into any waters,
including groundwaters.
IV. “Facility” means
a location at which hazardous waste is subjected to treatment, storage or
disposal and may include a facility where hazardous waste has been generated.
VI. “Generator”
means any person who owns or operates a facility where hazardous waste is
generated.
VII. “Hazardous
waste” means a solid, semi-solid, liquid or contained gaseous waste, or any
combination of these wastes:
(a) Which, because of either quantity,
concentration, or physical, chemical, or infectious characteristics may:
(1) Cause or contribute to an increase in
mortality or an increase in irreversible or incapacitating reversible illness;
or
(2) Pose a present or potential threat to human
health or the environment when improperly treated, stored, transported,
disposed of or otherwise mismanaged.
(b) Or which has been identified as a hazardous
waste by the department using the criteria established under RSA 147-A:3, I or
as listed under RSA 147-A:3, II. Such wastes include, but are not limited to,
those which are reactive, toxic, corrosive, ignitable, irritants, strong
sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive
substances that are regulated by the Atomic Energy Act of 1954, as amended, or household
pharmaceutical wastes collected pursuant to RSA 318-E.
VIII. “Hazardous
waste management” means the systematic control of the generation, collection,
sorting, storage, processing, treatment, recovery and
disposal of hazardous waste.
X. “Manifest” means
the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.
XI. “Operator” means
any person who, either directly or indirectly, operates or otherwise controls
or directs activities at a facility.
XI-a. “Owner” means
any person who, either directly or indirectly owns a facility. The term “owner”
does not include a person who, without participation in the management or
actual operation of a facility, holds indicia of ownership primarily to protect
a mortgage on real property on which a facility is located or a security
interest in personal property located at the facility.
XII. “Person” means
any individual, trust, firm, joint stock company, corporation (including a
government corporation), partnership, association, state, municipality,
commission, United States government or any agency thereof, political
subdivision of the state, or any interstate body.
XII-a. “Spent
material” means any material that has been used and, as a
result of contamination, can no longer serve the purpose for which it
was produced without processing.
XIII. “Storage”
means the containment of hazardous wastes, either on a temporary basis or for a
period of years, in such a manner as not to constitute disposal of the
hazardous wastes.
XIV. "Trade
secret'' means any confidential formula, pattern, device or compilation of
information which is used in the employer's business
and which gives him an opportunity to obtain an advantage over competitors who
do not know or use it. A trade secret is known to the employer and those
employees to whom it is necessary to confide it.
XV. “Transport”
means the movement of hazardous wastes from the point of generation to any
intermediate points and, finally, to the point of ultimate storage or disposal.
XVI. “Transporter”
means any person who transports hazardous waste.
XVII. “Treatment”
means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any
hazardous waste so as to neutralize the waste or to render the waste not
hazardous, safer for transport, amenable to recovery, amenable to storage or
reduced in volume.
XVIII. “Waste” means
any matter consisting of: garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and other
spent, discarded or abandoned material including solid, liquid, semi-solid, or
contained gaseous material resulting from industrial, commercial, mining, and
agricultural operations, and from community activities, but does not include
domestic sewage, irrigation return waters, wastewater discharges in compliance
with applicable state or federal permits, or source, special nuclear, or by-product
material as defined by the Atomic Energy Act of 1954, as amended.
RSA
147-B:2
III.
“Facility” means any site, area or location where hazardous waste or hazardous
materials are or have been treated, stored, generated, disposed of, or
otherwise come to be located.
Appendix
D: Federal Definitions and Regulations
40 CFR 260.4
(a) In any case in which the state in which waste
is generated, or the state in which waste will be transported to a designated
facility, requires that the waste be regulated as a hazardous waste or
otherwise be tracked through a hazardous waste manifest, the designated
facility that receives the waste shall, regardless of the state in which the
facility is located:
(1) Complete
the facility portion of the applicable manifest;
(2) Sign and
date the facility certification;
(3) Submit
to the e-Manifest system a final copy of the manifest for data processing
purposes; and
(4) Pay the
appropriate per manifest fee to EPA for each manifest submitted to the
e-Manifest system, subject to the fee determination methodology, payment
methods, dispute procedures, sanctions, and other fee requirements specified in
subpart FF of part 264 of this chapter.
40 CFR 260.5
(a) For purposes of this section, “state-only
regulated waste” means:
(1) A
non-RCRA waste that a state regulates more broadly under its state regulatory
program, or
(2) A RCRA
hazardous waste that is federally exempt from manifest requirements, but not
exempt from manifest requirements under state law.
(b) In any case in which a state requires a RCRA
manifest to be used under state law to track the shipment and transportation of
a state-only regulated waste to a receiving facility, the facility receiving
such a waste shipment for management shall:
(1) Comply
with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest
discrepancies) of this chapter; and
(2) Pay the
appropriate per manifest fee to EPA for each manifest submitted to the
e-Manifest system, subject to the fee determination methodology, payment
methods, dispute procedures, sanctions, and other fee requirements specified in
subpart FF of part 264 of this chapter.
40 CFR 260.10
Act
or RCRA means the Solid
Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of
1976, as amended, 42 U.S.C. section 6901 et seq.
Administrator
means the Administrator of the
Environmental Protection Agency, or his designee.
Aquifer
means a geologic formation, group
of formations, or part of a formation capable of yielding a significant amount
of ground water to wells or springs.
Authorized
representative means the
person responsible for the overall operation of a facility or an operational unit
(i.e., part of a facility), e.g., the plant manager, superintendent
or person of equivalent responsibility.
Battery
means a device consisting of one
or more electrically connected electrochemical cells which is designed to
receive, store, and deliver electric energy. An electrochemical cell is a
system consisting of an anode, cathode, and an electrolyte, plus such
connections (electrical and mechanical) as may be needed to allow the cell to
deliver or receive electrical energy. The term battery also includes an intact,
unbroken battery from which the electrolyte has been removed.
Boiler means an enclosed device using
controlled flame combustion and having the following characteristics:
(1)(i) The
unit must have physical provisions for recovering and exporting thermal energy
in the form of steam, heated fluids, or heated gases; and
(ii) The unit’s combustion chamber and
primary energy recovery sections(s) must be of integral design. To be of
integral design, the combustion chamber and the
primary energy recovery section(s) (such as waterwalls and superheaters) must
be physically formed into one manufactured or assembled unit. A unit in which
the combustion chamber and the primary energy recovery section(s) are joined
only by ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers or air
preheaters) need not be physically formed into the same unit as the combustion
chamber and the primary energy recovery section. The following units are not
precluded from being boilers solely because they are not of integral design:
process heaters (units that transfer energy directly to a process stream), and
fluidized bed combustion units; and
(iii)
While in operation, the unit must maintain a thermal energy recovery
efficiency of at least 60 percent, calculated in terms of the recovered energy
compared with the thermal value of the fuel; and
(iv)
The unit must export and utilize at least 75 percent of the recovered
energy, calculated on an annual basis. In this calculation, no credit shall be
given for recovered heat used internally in the same unit. (Examples of
internal use are the preheating of fuel or combustion air, and the driving of
induced or forced draft fans or feedwater pumps); or
(2)
The unit is one which the Regional Administrator has determined, on a
case-by-case basis, to be a boiler, after considering the standards in §
260.32.
Certification
means a statement of professional
opinion based upon knowledge and belief.
Confined
aquifer means an
aquifer bounded above and below by impermeable beds or by beds of distinctly
lower permeability than that of the aquifer itself; an aquifer containing
confined ground water.
Container
means any portable device in which a material is stored,
transported, treated, disposed of, or otherwise handled.
Containment
building means a hazardous waste management unit
that is used to store or treat hazardous waste under the provisions of subpart
DD of parts 264 or 265 of this chapter.
Contingency
plan means a document setting out an
organized, planned, and coordinated course of action to be followed in case of
a fire, explosion, or release of hazardous waste or hazardous waste
constituents which could threaten human health or the environment.
Dike
means an embankment or ridge of either natural or man-made
materials used to prevent the movement of liquids, sludges, solids, or other
materials.
Drip
pad is an engineered structure consisting
of a curbed, free-draining base, constructed of non-earthen materials
and designed to convey preservative kick-back or drippage from treated wood,
precipitation, and surface water run-on to an associated collection system at
wood preserving plants.
Electronic
manifest (or e-Manifest) means the electronic
format of the hazardous waste manifest that is obtained from EPA’s national
e-Manifest system and transmitted electronically to the system, and that is the
legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation
Sheet).
Electronic
Manifest System (or e-Manifest System) means EPA’s
national information technology system through which the electronic manifest
may be obtained, completed, transmitted, and distributed to users of the
electronic manifest and to regulatory agencies.
Explosives
or munitions emergency means a situation involving the
suspected or detected presence of unexploded ordnance (UXO), damaged or
deteriorated explosives or munitions, an improvised explosive device (IED),
other potentially explosive material or device, or other potentially harmful
military chemical munitions or device, that creates an actual or potential
imminent threat to human health, including safety, or the environment,
including property, as determined by an explosives or munitions emergency
response specialist. Such situations may require immediate and expeditious
action by an explosives or munitions emergency response specialist to control,
mitigate, or eliminate the threat.
Explosives
or munitions emergency response means all immediate
response activities by an explosives and munitions emergency response
specialist to control, mitigate, or eliminate the actual or potential threat
encountered during an explosives or munitions emergency. An explosives or
munitions emergency response may include in place render-safe procedures,
treatment or destruction of the explosives or munitions and/or transporting
those items to another location to be rendered safe, treated, or destroyed. Any
reasonable delay in the completion of an explosives or munitions emergency
response caused by a necessary, unforeseen, or uncontrollable circumstance will
not terminate the explosives or munitions emergency. Explosives and munitions
emergency responses can occur on either public or private lands and are not
limited to responses at RCRA facilities.
Explosives
or munitions emergency response specialist means an individual
trained in chemical or conventional munitions or explosives handling,
transportation, render-safe procedures, or destruction techniques. Explosives
or munitions emergency response specialists include Department of Defense (DOD)
emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and
DOD-certified civilian or contractor personnel; and other Federal, State, or local
government, or civilian personnel similarly trained in explosives or munitions
emergency responses.
Free
liquids means
liquids which readily separate from the solid portion of a waste under ambient
temperature and pressure.
Ground
water means water below the land surface in a
zone of saturation.
Incompatible
waste means a hazardous waste which is
unsuitable for:
(1)
Placement in a particular device or facility because it may cause
corrosion or decay of containment materials (e.g., container inner liners or
tank walls); or
(2) Commingling with another waste or
material under uncontrolled conditions because the commingling might produce
heat or pressure, fire or explosion, violent reaction, toxic dusts, mists,
fumes, or gases, or flammable fumes or gases.
(See
appendix V of parts 264 and 265 of this chapter for examples.)
Injection
well means a well into which fluids are
injected. (See also “underground injection”.)
Inner
liner means a continuous layer of material
placed inside a tank or container which protects the construction materials of
the tank or container from the contained waste or reagents used to treat the
waste.
International
shipment means the transportation of hazardous
waste into or out of the jurisdiction of the United States.
Lamp,
also referred to as “universal waste lamp”, is defined as
the bulb or tube portion of an electric lighting device. A lamp is specifically
designed to produce radiant energy, most often in the ultraviolet, visible, and
infra-red regions of the electromagnetic spectrum. Examples of common universal
waste electric lamps include, but are not limited to, fluorescent, high
intensity discharge, neon, mercury vapor, high pressure sodium, and metal
halide lamps.
Land
treatment facility means a facility or part of a facility
at which hazardous waste is applied onto or incorporated into the soil surface;
such facilities are disposal facilities if the waste will remain after closure.
Leachate
means any liquid, including any suspended components in the
liquid, that has percolated through or drained from hazardous waste.
Liner
means a continuous layer of natural or man-made materials,
beneath or on the sides of a surface impoundment, landfill, or landfill cell,
which restricts the downward or lateral escape of hazardous waste, hazardous
waste constituents, or leachate.
Military
munitions means
all ammunition products and components produced or used by or for the U.S.
Department of Defense or the U.S. Armed Services for national defense and
security, including military munitions under the control of the Department of
Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and
National Guard personnel. The term military munitions includes: confined
gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and
riot control agents, smokes, and incendiaries used by DOD components, including
bulk explosives and chemical warfare agents, chemical munitions, rockets,
guided and ballistic missiles, bombs, warheads, mortar rounds, artillery
ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges,
cluster munitions and dispensers, demolition charges, and devices and
components thereof. Military munitions do not include wholly inert items,
improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear
components thereof. However, the term
does include non-nuclear components of nuclear devices, managed under DOE’s
nuclear weapons program after all required sanitization operations under the
Atomic Energy Act of 1954, as amended, have been completed.
Mining
overburden returned to the mine site means any material
overlying an economic mineral deposit which is removed to gain access to that
deposit and is then used for reclamation of a surface mine.
On-site
means the same or geographically contiguous property which
may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads
intersection, and access is by crossing as opposed to going along, the
right-of-way. Non-contiguous properties owned by the same person but connected
by a right-of-way which he controls and to which the public does not have
access, is also considered on-site property.
Pesticide
means any substance or mixture of substances intended for
preventing, destroying, repelling, or mitigating any pest, or intended for use
as a plant regulator, defoliant, or desiccant, other than any article that:
(1)
Is a new animal drug under FFDCA section 201(w), or
(2)
Is an animal drug that has been determined by regulation of the
Secretary of Health and Human Services not to be a new animal drug, or
(3)
Is an animal feed under FFDCA section 201(x) that bears or contains any
substances described by paragraph (1) or (2) of this definition.
Pile
means any non-containerized accumulation of solid,
nonflowing hazardous waste that is used for treatment or storage and that is
not a containment building.
Point
source means any discernible, confined, and
discrete conveyance, including, but not limited to any pipe, ditch, channel,
tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated
animal feeding operation, or vessel or other floating craft, from which
pollutants are or may be discharged. This term does not include return flows
from irrigated agriculture.
Recognized
trader means a person domiciled in the United
States, by site of business, who acts to arrange and facilitate transboundary
movements of wastes destined for recovery or disposal operations, either by
purchasing from and subsequently selling to United States and foreign
facilities, or by acting under arrangements with a United States waste facility
to arrange for the export or import of the wastes.
Representative
sample means a sample of a universe or whole
(e.g., waste pile, lagoon, ground water) which can be expected to exhibit the
average properties of the universe or whole.
Run-off
means any rainwater, leachate, or other liquid that drains
over land from any part of a facility.
Run-on
means any rainwater, leachate, or other liquid that drains
over land onto any part of a facility.
Sludge
means any solid, semi-solid, or liquid waste generated from
a municipal, commercial, or industrial wastewater treatment plant, water supply
treatment plant, or air pollution control facility exclusive of the treated
effluent from a wastewater treatment plant.
State
means any of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and
the Commonwealth of the Northern Mariana Islands.
Surface
impoundment or impoundment means a facility
or part of a facility which is a natural topographic depression, man-made
excavation, or diked area formed primarily of earthen materials (although it
may be lined with man-made materials), which is designed to hold an
accumulation of liquid wastes or wastes containing free liquids, and which is
not an injection well. Examples of surface impoundments are holding, storage,
settling, and aeration pits, ponds, and lagoons.
Tank
means a stationary device, designed to contain an
accumulation of hazardous waste which is constructed primarily of non-earthen
materials (e.g., wood, concrete, steel, plastic) which provide structural
support.
Tank
system means a hazardous waste storage or
treatment tank and its associated ancillary equipment and containment system.
Totally
enclosed treatment facility means a facility for
the treatment of hazardous waste which is directly connected to an industrial
production process and which is constructed and
operated in a manner which prevents the release of any hazardous waste or any
constituent thereof into the environment during treatment. An example is a pipe
in which waste acid is neutralized.
Transport
vehicle means a motor vehicle or rail car used
for the transportation of cargo by any mode. Each cargo-carrying body (trailer,
railroad freight car, etc.) is a separate transport vehicle.
Transportation
means the movement of hazardous waste by air, rail, highway,
or water.
Treatability
Study means a
study in which a hazardous waste is subjected to a treatment process to
determine: (1) Whether the waste is amenable to the treatment process, (2) what
pretreatment (if any) is required, (3) the optimal process conditions needed to
achieve the desired treatment, (4) the efficiency of a treatment process for a
specific waste or wastes, or (5) the characteristics and volumes of residuals
from a particular treatment process. Also included in this definition for the
purpose of the § 261.4 (e) and (f) exemptions are liner compatibility,
corrosion, and other material compatibility studies and toxicological and
health effects studies. A ‘‘treatability study’’ is not a means to commercially
treat or dispose of hazardous waste.
United
States means the 50 States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam,
American Samoa, and the Commonwealth of the Northern Mariana Islands.
Universal
Waste Transporter means a person engaged in the off-site
transportation of universal waste by air, rail, highway, or water.
Vessel
includes every description of watercraft, used or capable of
being used as a means of transportation on the water.
Wipe means a woven or non-woven shop towel,
rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other
material.
40 CFR 261.1(c)(3)
A
“by-product” is a material that is not one of the primary products of a
production process and is not solely or separately produced by the production
process. Examples are process residues such as slags or distillation column
bottoms. The term does not include a co-product that is produced for the
general public’s use and is ordinarily used in the form it is produced by the
process.
40 CFR 261.1(c)(6)
“Scrap
metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets,
wire) or metal pieces that may be combined together
with bolts or soldering (e.g., radiators, scrap automobiles, railroad box
cars), which when worn or superfluous can be recycled.
40 CFR 261.1(c)(9)
“Excluded
scrap metal” is processed scrap metal, unprocessed home scrap metal, and
unprocessed prompt scrap metal.
40 CFR 261.1(c)(10)
“Processed
scrap metal” is scrap metal which has been manually or physically altered to
either separate it into distinct materials to enhance economic value or to
improve the handling of materials. Processed scrap metal includes,
but is not limited to scrap metal which has been baled, shredded,
sheared, chopped, crushed, flattened, cut, melted, or separated by metal type
(i.e., sorted), and, fines, drosses and related
materials which have been agglomerated. (Note: shredded circuit boards being
sent for recycling are not considered processed scrap metal. They are covered
under the exclusion from the definition of solid waste for shredded circuit
boards being recycled (§ 261.4(a)(14)).
40 CFR 261.1(c)(11)
“Home
scrap metal” is scrap metal as generated by steel mills, foundries, and
refineries such as turnings, cuttings, punchings, and
borings.
40 CFR 261.1(c)(12)
“Prompt
scrap metal” is scrap metal as generated by the metal working/fabrication
industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as
industrial or new scrap metal.
40 CFR 261.4(a)(1)(ii)
“Domestic
Sewage” means untreated sanitary wastes that pass through a sewer system.
40 CFR 262.81
EPA
Acknowledgment of Consent (AOC) means the letter EPA sends to the
exporter documenting the specific terms of the country of import’s consent and
the country(ies) of transit’s consent(s). The AOC
meets the definition of an export license in U.S. Census Bureau regulations 15
CFR 30.1.
Exporter,
also known as primary exporter on the RCRA hazardous waste manifest, means the
person domiciled in the United States who is required to originate the movement
document in accordance with § 262.83(d) or the manifest for a shipment of
hazardous waste in accordance with subpart B of this part, or equivalent State
provision, which specifies a foreign receiving facility as the facility to
which the hazardous wastes will be sent, or any recognized trader who proposes
export of the hazardous wastes for recovery or disposal operations in the
country of import.
Importer
means the person to whom possession or other form of legal control of the
hazardous waste is assigned at the time the imported hazardous waste is
received in the United States.
40 CFR 268.2(c),
7-1-16 edition
Land disposal means placement in or on the land, except in a
corrective action management unit or staging pile, and includes, but is not
limited to, placement in a landfill, surface impoundment, waste pile, injection
well, land treatment facility, salt dome formation, salt bed formation,
underground mine or cave, or placement in a concrete vault, or bunker intended
for disposal purposes.
40 CFR 270.2
Site
means the land or water area where any facility or activity
is physically located or conducted, including adjacent land used in connection
with the facility or activity.
40 CFR 273.2(c)(2)
An unused battery becomes a waste on
the date the handler decides to discard it.
40
CFR 273.3(c)(1)
A recalled pesticide described in
paragraph (a)(1) of this section becomes a waste on the first date on which
both of the following conditions apply:
(i) The generator of the recalled pesticide agrees to
participate in the recall; and
(ii)
The person conducting the recall decides to discard (e.g., burn the pesticide
for energy recovery).
40
CFR 273.3(c)(2)
An unused pesticide product described
in paragraph (a)(2) of this section becomes a waste on the date the generator
decides to discard it.
40 CFR 273.4(c)(2)
Unused mercury-containing equipment
becomes a waste on the date the handler decides to discard it.
40
CFR 273.5(c)(2)
An unused lamp becomes a waste on the
date the handler decides to discard it.
40 CFR 273.33(c)(2)
A large quantity handler of universal
waste may remove mercury-containing ampules from universal waste
mercury-containing equipment provided the handler:
(i) Removes and manages the ampules in a manner designed to
prevent breakage of the ampules;
(ii)
Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury
released from an ampule in case of breakage);
(iii)
Ensures that a mercury clean-up system is readily available to immediately
transfer any mercury resulting from spills or leaks of broken ampules from that
containment device to a container that meets the requirements of 40 CFR 262.34;
(iv)
Immediately transfers any mercury resulting from spills or leaks from broken
ampules from the containment device to a container that meets the requirements
of 40 CFR 262.34;
(v)
Ensures that the area in which ampules are removed is well ventilated and
monitored to ensure compliance with applicable OSHA exposure levels for mercury;
(vi)
Ensures that employees removing ampules are thoroughly familiar with proper
waste mercury handling and emergency procedures, including transfer of mercury
from containment devices to appropriate containers;
(vii)
Stores removed ampules in closed, non-leaking containers that are in good condition;
(viii)
Packs removed ampules in the container with packing materials adequate to
prevent breakage during storage, handling, and transportation;
Appendix E: Emergency
Telephone Numbers
Organization |
Telephone Number |
Days/Hours |
DES
Emergency Response Team |
(603)
271-3899 |
Monday
through Friday; 8 a.m. to 4 p.m. |
N.H.
State Police Headquarters Communications Unit |
(603)
223-4381 |
Every
day; 24 hours per day |