CHAPTER Env-Hw 400  IDENTIFICATION AND LISTING OF HAZARDOUS WASTES

 

Statutory Authority:  RSA 147-A:3

 

REVISION NOTE:

 

          Document #9367, effective 1-28-09, readopted with amendments and redesignated the former Chapter Env-Wm 400 as Env-Hw 400.  The redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05.  Document #9367 replaces all prior filings for hazardous waste rules formerly in Chapter Env-Wm 400.  The numerals of the rules remained unchanged, and the source note information for the rules under Document #9367 refer to those same numbers under the subtitle Env-Wm.

 

PART Env-Hw 401  PURPOSE, APPLICABILITY, DEFINITIONS, EXEMPTIONS, AND METHODS

 

          Env-Hw 401.01  Purpose and Applicability. 

 

          (a)  The purpose of this chapter is to identify those wastes that are subject to regulation as hazardous wastes.

 

          (b)  Unless a waste is exempt from regulation pursuant to Env-Hw 401.03, it shall be a hazardous waste when any of the following events occur:

 

(1)  In the case of a waste listed in Env-Hw 402, when the waste first meets the listing description set forth in Env-Hw 402;

 

(2)  In the case of a mixture of any waste or material with one or more hazardous wastes listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a), when the listed hazardous waste is first added to the mixture; and

 

(3)  In the case of any waste or a mixture of any waste or material with any waste exhibiting a hazardous waste characteristic identified in Env-Hw 403, when the waste or mixture exhibits any of the characteristics identified in Env-Hw 403 or by the department in accordance with Env-Hw 405.03, except as provided in (d), below.

 

          (c)  A hazardous waste shall remain a hazardous waste unless and until it meets all of the following criteria:

 

(1)  Subject to (f), below, the waste does not exhibit any of the characteristics of hazardous waste identified in Env-Hw 403;

 

(2)  If the waste is a federally listed waste identified in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a), or a waste that contains or is derived from any of those federally listed wastes, the EPA has excluded the waste in accordance with 40 CFR 260.20 and 40 CFR 260.22 and the department has delisted the waste pursuant to Env-Hw 406; and

 

(3)  If the waste is a New Hampshire-listed waste identified in Env-Hw 402.04(d), Env-Hw 402.05(d), Env-Hw 402.06(c) or Env-Hw 402.07(b), the department has delisted the waste pursuant to Env-Hw 406.

 

          (d)  Subject to (e), below, any mixture resulting from the combination of a waste that is exempt pursuant to Env-Hw 401.03(b)(7) and any other non-exempt waste exhibiting a characteristic of hazardous waste pursuant to Env-Hw 403 shall be a hazardous waste if:

 

(1)  The mixture exhibits a characteristic that would not have been exhibited by the exempt waste alone if mixing had not occurred; or

 

(2)  The mixture continues to exhibit any characteristic that was exhibited by the non-exempt waste prior to being mixed with the exempt waste.

 

          (e)  For purposes of applying the toxicity characteristic to the mixture described in (d), above, the mixture shall be a hazardous waste if:

 

(1)  The mixture exceeds the maximum concentration for any contaminant identified in Env-Hw 403.06(d) that would not have been exceeded by the exempt waste alone if mixing had not occurred; or

 

(2)  The mixture continues to exceed the maximum concentration for any contaminant exceeded by the non-exempt waste prior to being mixed with the exempt waste.

 

          (f)  A waste that exhibits a characteristic of hazardous waste at the point of generation and that is not exempt pursuant to Env-Hw 401.03 shall be subject to the requirements of Env-Hw 1200, even if it no longer exhibits a characteristic at the point of land disposal.

 

Source.  #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 401.02  Definitions.  For purposes of Env-Hw 401.03, the following definitions shall apply:

 

          (a)  “Airbag waste” means any hazardous waste airbag modules or hazardous waste airbag inflators;

 

          (b)  “Airbag waste collection facility” means any facility that receives airbag waste from airbag handlers subject to regulation under Env-Hw 401.03(k) and that accumulates the waste for more than 10 days;

 

          (c)  “Airbag waste handler” means any person, by site, who generates airbag waste that is subject to regulation under the hazardous waste rules;

 

          (d)  “Domestic sewage” means “domestic sewage” as defined in 40 CFR 261.4(a)(1)(ii), as reprinted in Appendix D;

 

          (e)  “No free liquids” means:

 

(1)  Free liquids are not present in solvent-contaminated wipes as determined by the paint filter liquids test, test method 9095B in EPA publication SW-846, as specified in Env-Hw 104, available as noted in Appendix B; and

 

(2)  Free liquids are not present in a container holding wipes;

 

          (f)  “Point source” means “point source” as defined in 40 CFR 260.10, as reprinted in Appendix D;

 

          (g)  “Solvent-contaminated wipe” means a wipe that, after being used in a cleaning or degreasing process:

 

(1)  Meets one or more of the following criteria:

 

a.  The wipe contains one or more of the F001 through F005 solvents listed in Env-Hw 402.06(a) or the corresponding P- or U-listed solvents found in Env-Hw 402.04(b) or Env-Hw 402.05(b), respectively;

 

b.  The wipe exhibits a hazardous characteristic found in Env-Hw 403 when that characteristic results from a solvent listed in Env-Hw 402.04(b), Env-Hw 402.05(b) or Env-Hw 402.06(a); or

 

c.  The wipe exhibits only the hazardous waste characteristic of ignitability as found in Env-Hw 403.03 due to the presence of one or more solvents that are not listed in Env-Hw 402.04(b), Env-Hw 402.05(b) or Env-Hw 402.06(a); and

 

(2)  Does not contain listed waste other than solvents or used oil, or both, and does not exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents;

 

          (h)  “Use in a cleaning or degreasing process” means use of a wipe to remove oil or other contaminants from machinery, equipment, work stations, or product components or for the cleanup of solvent spills of less than 12 fluid ounces;

 

          (i)  “Virgin lubricating products” means unused motor, engine, gear, machine, and transmission oils; and

 

          (j)  “Wipe” means “wipe” as defined in 40 CFR 260.10, as reprinted in Appendix D.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346,
eff 8-14-17; amd by #12922, eff 11-23-19

          Env-Hw 401.03  Exemptions.

 

          (a)  The following materials shall not be hazardous wastes under the hazardous waste rules provided any conditions or prohibitions specified below are met:

 

(1)  Domestic sewage;

 

(2)  Wastewater discharges that are industrial point source discharges in compliance with applicable New Hampshire permits and rules and federal permits and regulations under section 402 of the Clean Water Act, as amended;

 

(3)  Irrigation return waters;

 

(4)  Source, special nuclear, or nuclear by-product material as defined by the Atomic Energy Act of 1954 as amended, 42 USC 2011 et seq.;

 

(5)  Material subjected to in-situ mining techniques that are not removed from the ground as part of the extraction process;

 

(6)  Pulping liquors, also known as black liquors, that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process and not accumulated speculatively as defined in Env-Hw 811.01;

 

(7)  Spent sulfuric acid used as a feedstock in an industrial furnace to produce virgin sulfuric acid, provided that the spent sulfuric acid is not accumulated speculatively as defined in Env-Hw 811.01;

 

(8)  Secondary materials, as defined in Env-Hw 104, provided:

 

a.  Only tank storage is involved and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;

 

b.  Reclamation does not involve controlled flame combustion such as occurs in boilers, industrial furnaces, or incinerators;

 

c.  The secondary materials are never accumulated in such tanks for over 12 months without being reclaimed; and

 

d.  The reclaimed material is not used to produce a fuel or to produce products that are used in a manner constituting disposal;

 

(9)  Excluded scrap metal, as defined in Env-Hw 103, provided it is being recycled;

 

(10)  Shredded circuit boards being recycled, provided they are:

 

a.  Stored in containers sufficient to prevent a release to the environment prior to recovery; and

 

b.  Free of mercury switches, mercury relays, and nickel-cadmium batteries and lithium batteries;

 

(11)  Solvent-contaminated wipes that are cleaned for reuse, provided:

 

a.  The generator either launders or dry cleans the solvent-contaminated wipes on site or sends the solvent-contaminated wipes to be cleaned by a laundry or dry cleaner:

 

1.  That is located in New Hampshire, or in a state that has adopted the exclusion at 40 CFR 261.4(a)(26); and

 

2.  Whose discharge, if any, is regulated under sections 301 and 402 or section 307 of the Clean Water Act;

 

b.  The generator maintains at its site the following documentation:

 

1.  The name and address of the laundry or dry cleaner that is receiving the solvent-contaminated wipes;

 

2.  Documentation of compliance with (g)(2), below; and

 

3.  A written description of the process the generator uses to ensure that solvent-contaminated wipes contain no free liquids when laundered or dry cleaned on site or transported off site for laundering or dry cleaning; and

 

c.  The requirements of (g), below, are met;

 

(12)  Spent wood preserving solutions that have been reclaimed and are being reused for their original intended purpose and wastewaters from the wood preserving process that have been reclaimed and are being reused to treat wood, provided the requirements of 40 CFR 261.4(a)(9)(iii) are satisfied;

 

(13)  Non-wastewater splash condenser dross residue from the treatment of K061 waste in high temperature metals recovery units, provided the residue is shipped in drums if shipped off site for recovery and is not land disposed before or after recovery;

 

(14)  When recycled in the manner and under the conditions as described in 40 CFR 261.4(a)(12)(i):

 

a.  Oil-bearing hazardous secondary materials that are generated at a petroleum refinery and are inserted into the petroleum refining process, as those terms are defined in 40 CFR 261.4(a)(12)(i), unless the material is placed on the land or speculatively accumulated before being recycled; and

 

b.  Recovered oil, as defined in 40 CFR 261.4(a)(12)(ii);

 

(15)  Petrochemical-recovered oil from an associated organic chemical manufacturing facility, as defined in 40 CFR 261.4(a)(18), where the recovered oil will be inserted into the petroleum refining process along with normal petroleum refinery process streams, provided that the requirements of 40 CFR 261.4(a)(18) are met; and

 

(16)  Spent caustic solutions from petroleum-refining liquid treating processes that are used as a feedstock to produce cresylic or naphthenic acid, unless the material is placed on the land or accumulated speculatively as described in Env-Hw 811.01.

 

          (b)  The following materials shall be exempt from regulation under the hazardous waste rules, subject to any conditions, prohibitions, or other limitations specified:

 

(1)  Household wastes, subject to (b)(2), below;

 

(2)  Household hazardous wastes, until such time as they are collected, whether as part of a household hazardous waste collection project or otherwise;

 

(3)  Agricultural wastes that are returned to the soil as fertilizers for growing agricultural crops and raising animals;

 

(4)  Mining overburden returned to the mine site;

 

(5)  Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated primarily from the combustion of coal or fossil fuels;

 

(6)  Wastes that fail the test for the toxicity characteristic because chromium is present, or that are listed in Env-Hw 402 due to the presence of chromium, and meet the criteria of 40 CFR 261.4(b)(6)(i), and are:

 

a.  Listed in 40 CFR 261.4(b)(6)(ii); or

 

b.  Subject to a waiver obtained by the generator in accordance with Env-Hw 202;

 

(7)  Subject to (c), below, solid waste from the extraction, beneficiation, and processing of ores and minerals including coal, phosphate rock, and overburden from the mining of uranium ore;

 

(8)  Cement kiln dust waste;

 

(9)  Waste that consists of discarded arsenical-treated wood or wood products that fail the test for the toxicity characteristic for EPA hazardous waste numbers D004 through D017 and that is not a hazardous waste for any other reason, provided the waste is generated by persons who use the arsenical-treated wood and wood products for these materials’ intended end use;

 

(10)  Used chlorofluorocarbon (CFC) refrigerants from totally-enclosed heat transfer equipment, including mobile air conditioning systems, mobile refrigeration, and commercial and industrial air conditioning and refrigeration systems that use CFCs as the heat transfer fluid in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

 

(11)  Non-terne-plated used oil filters that are not mixed with wastes listed in Env-Hw 402, provided the oil filters have been gravity hot-drained using one of the following methods:

 

a.  Puncturing the filter anti-drainback valve or the filter dome end and hot-draining;

 

b.  Hot-draining and crushing;

 

c.  Dismantling and hot-draining; or

 

d.  Any other equivalent hot-draining method that will remove the used oil from the filter;

 

(12)  Hazardous waste generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or a manufacturing process unit or an associated non-waste-treatment manufacturing unit before it exits the unit in which it was generated, unless:

 

a.  The unit is a surface impoundment; or

 

b.  The hazardous waste remains in the unit for greater than 90 days after the unit ceases to be operated for manufacturing or for storage or transportation of product or raw materials;

 

(13)  Samples of solid or hazardous wastes, water, soil, or air that are collected for the sole purpose of testing to determine its characteristics or composition, provided the samples are being stored or transported in accordance with 40 CFR 261.4(d);

 

(14)  Treatability study samples and samples undergoing treatability studies at laboratories and testing facilities of up to 250 kg of non-acute hazardous waste and up to 1 kg of acute hazardous waste and as set forth in 40 CFR 261.4(e) and (f);

 

(15)  Materials that are reclaimed from wastes and that are used beneficially, unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal;

 

(16)  Waste pickle liquor sludges generated by lime stabilization of spent pickle liquor from the iron and steel industry Standard Industry Classification, Codes 331 and 332, or compatible North American Industry Classification System (NAICS) codes, even though they are generated from the treatment, storage, or disposal of a hazardous waste, provided they do not exhibit a hazardous waste characteristic specified in Env-Hw 403;

 

(17)  The following wastes, provided that they do not exhibit a hazardous waste characteristic specified in Env-Hw 403:

 

a.  Used oil sludges derived from collection, storage, treatment, or processing of used oils, provided the sludges are sent to a facility authorized to receive them; and

 

b.  Waters separated from used oil by gravity separation or other physical or chemical means, unless the waters contain greater than 5 percent oil;

 

(18)  Spill absorbent materials, soil, and debris from the cleanup of spills of virgin fuel oil and virgin lubricating products, provided that the spill absorbent materials, soil, and debris do not exhibit a hazardous waste characteristic specified Env-Hw 403;

 

(19)  Spill absorbent materials, soil, and debris from the cleanup of used oil spills, provided:

 

a.  The used oil was not previously mixed with any other hazardous waste listed in Env-Hw 402; and

 

b.  No hazardous waste characteristic specified in Env-Hw 403 is exhibited by the spill absorbent materials, soil, or debris;

 

(20)  Spill absorbent materials, soil, and debris from the cleanup of spills of virgin gasoline, provided that the spill absorbent materials, soil, and debris do not exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

 

(21)  Containers and inner liners from containers of hazardous waste, provided that the containers and inner liners are empty pursuant to (d), below;

 

(22)  Petroleum-contaminated media and debris that:

 

a.  Fail the test for the toxicity characteristic of EPA hazardous waste numbers D018 through D043 only, as set forth in Env-Hw 403.06;

 

b.  Are generated from releases of underground storage tanks subject to Env-Or 400; and

 

c.  Are managed in accordance with Env-Or 600;

 

(23)  Manufactured gas plant contaminated media and debris that:

 

a.  Fail the test for the toxicity characteristic of EPA hazardous waste number D018 only, as set forth in Env-Hw 403.06; and

 

b.  Are treated in an incinerator or a thermal desorption unit that is authorized under the destination state’s rules;

 

(24)  Wood ash from the burning of wood products that is only hazardous due to the corrosivity characteristic as set forth in Env-Hw 403.04(b)(3);

 

(25)  Nitroglycerine, listed as P081, provided that it:

 

a.  Was to be used for medicinal purposes; and

 

b.  Does not exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

 

(26)  Used oil di-electric fluid containing PCBs in concentrations of 50 parts per million or greater, provided that the used oil di-electric fluid:

 

a.  Would only have been identified because it is listed as NH01 or because it fails the test for the toxicity characteristic of EPA hazardous waste numbers D018 through D043 specified in Env-Hw 403.06; and

 

b.  Is managed in compliance with all applicable requirements of 40 CFR Part 761;

 

(27)  Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products;

 

(28)  Solvent-contaminated wipes that are sent for disposal, provided:

 

a. The solvent-contaminated wipes are not hazardous waste due to the presence of trichloroethylene;

 

b.  The generator maintains at its site the following documentation:

 

1.  The name and address of the disposal facility that is receiving the solvent-contaminated wipes;

 

2.  Documentation of compliance with (g)(2), below; and

 

3.  A written description of the process the generator uses to ensure that solvent-contaminated wipes contain no free liquids, when being transported for disposal;

 

c.  The generator sends the solvent-contaminated wipes for disposal to an authorized out-of-state facility where the exclusion at 40 CFR 261.4(b)(18) has been adopted or to one of the following facilities in New Hampshire:

 

1.  A municipal waste combustor or other combustion facility that is regulated under section 129 of the Clean Air Act;

 

2.  A hazardous waste combustor, boiler, or industrial furnace that is regulated under Env-Hw 707, Env-Hw 708 or 40 CFR part 266 subpart H; or

 

3.  A hazardous waste landfill that is regulated under Env-Hw 707 or Env-Hw 708; and

 

d.  The requirements of (g), below, are met;

 

(29)  Wipes contaminated with used oil, provided the used oil was not previously mixed with and does not otherwise contain any other hazardous wastes listed in Env-Hw 402, and provided the wipes do not exhibit any hazardous waste characteristic specified in Env-Hw 403;

 

(30)  Waste derived from burning any of the materials exempt from regulation under (b)(38), below, even though it is generated from the treatment, storage, or disposal of a hazardous waste, provided it does not exhibit any hazardous waste characteristic specified in Env-Hw 403;

 

(31)  Subject to (h), below, non-wastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062, or F006 waste, provided the conditions of 40 CFR 261.3(c)(2)(ii)(C)(1) and (2) are met, even though the residues are generated from the treatment, storage, or disposal of a hazardous waste, provided the residues do not exhibit any hazardous waste characteristic specified in Env-Hw 403;

 

(32)  Biological treatment sludge from the treatment of any of the following wastes listed in Env-Hw 402.07, provided the sludge does not exhibit any hazardous waste characteristic specified in Env-Hw 403:

 

a.  Organic waste, including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates, from the production of carbamates and carbamoyl oximes, listed as K156; or

 

b.  Wastewaters from the production of carbamates and carbamoyl oximes, listed as K157;

 

(33)  Catalyst inert support media separated from one of the following wastes listed in Env-Hw 402.07, provided they do not exhibit any hazardous waste characteristic specified in Env-Hw 403:

 

a.  Spent hydrotreating catalyst, listed as K171; or

 

b.  Spent hydrorefining catalyst, listed as K172;

 

(34)  The following materials, provided they do not exhibit any hazardous waste characteristic specified in Env-Hw 403:

 

a.  Subject to (h), below, hazardous debris as defined in 40 CFR 268, that has been treated using one of the required extraction or destruction technologies specified in Table 1 of 40 CFR 268.45; and

 

b.  Debris as defined in 40 CFR 268, that is not regulated under Env-Hw 401.01(b)(2);

 

(35)  Subject to (i), below, leachate or gas condensate collected from landfills where certain solid wastes have been disposed, provided that:

 

a.  The solid wastes disposed would meet one or more of the listing descriptions for EPA hazardous waste numbers K169, K170, K171, K172, K174, K175, K176, K177, K178, and K181 if the wastes had been generated after the effective date of the listing;

 

b.  The solid wastes described in a., above, were disposed prior to the effective date of the listing;

 

c.  The leachate or gas condensate does not exhibit any hazardous waste characteristic specified in Env-Hw 403 and is not derived from any other listed hazardous waste in Env-Hw 402; and

 

d.  Discharge of the leachate or gas condensate, including leachate or gas condensate transferred from the landfill to a POTW by truck, rail, or dedicated pipe, is in compliance with §307(b) or §402 of the Clean Water Act;

 

(36)  Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials shall comply with the requirements of 40 CFR 262 Subpart H;

 

(37)  Scrap metal being recycled that is not otherwise exempt under (a)(9), above;

 

(38)  Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, or transportation practices;

 

(39)  Coke and coal tar from the iron and steel industry that contains EPA hazardous waste number K087 from the iron and steel production process; and

 

(40)  Mercury-containing dental amalgam waste generated by small quantity generators, provided the waste is being recycled and the generator meets the requirements of Env-Wq 306.

 

          (c)  The exemption at (b)(7), above, shall not include spent potliners from primary aluminum reduction, which shall be regulated as K088 hazardous wastes.

 

          (d)  For the purposes of (b)(21), above, containers and inner liners shall be deemed empty under the following conditions:

 

(1)  For those containers or inner liners that have held hazardous waste other than compressed gas, acutely hazardous waste identified in Env-Hw 402.04 or Env-Hw 402.06, or hazardous waste pharmaceuticals, when all wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, such as pouring, pumping, or aspirating, and:

 

a.  No more than one inch of residue remains on the bottom of the container or inner liner; or

 

b.  The amount or residue remaining in the container or inner liner is:

 

1.  No more than 3 percent by weight of the total capacity of the container if the container is less than or equal to 119 gallons in size; or

 

2.  No more than 0.3 percent by weight of the total capacity of the container if the container is greater than 119 gallons in size;

 

(2)  For those containers that have held a hazardous waste that is a compressed gas, when the pressure in the container approaches atmospheric pressure;

 

(3)  For those containers or inner liners that have held acutely hazardous waste, when:

 

a.  The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;

 

b.  The container or inner liner has been cleansed by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or

 

c.  In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container has been removed; and

 

(4)  For those containers that have held hazardous waste pharmaceuticals, when the criteria in 40 CFR 266.507, as amended by Env-Hw 1302.02(h), have been met.

 

          (e)  Residues removed from empty containers shall be subject to regulation under the hazardous waste rules as set forth in Env-Hw 404.04.

 

          (f)  The following listed hazardous wastes shall be exempt from regulation under the hazardous waste rules, except that wastes exempt under this paragraph are subject to the land disposal restrictions of Env-Hw 1200, as applicable, even if the wastes no longer exhibit a characteristic at the point of land disposal:

 

(1)  A hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity as specified in Env-Hw 403.03 through 403.05, respectively, if the waste no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403;

 

(2)  A waste or material mixed with any hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity, as regulated under Env-Hw 401.01(b)(2), if the mixture no longer exhibits any characteristic of hazardous waste identified in Env-Hw 403;

 

(3)  Any waste generated from treating, storing, or disposing of a hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity, or reactivity, as regulated under Env-Hw 401.01(c)(2) and Env-Hw 404.03, if the waste no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403; and

 

(4)  Any mixture of a waste exempt from regulation under Env-Hw 401.03(b)(7) and a hazardous waste listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity or reactivity, as regulated under Env-Hw 401.01(b)(2), if the mixture no longer exhibits any characteristic of hazardous waste specified in Env-Hw 403 for which the hazardous waste was listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a).

 

          (g)  For the purposes of (a)(11) and (b)(28), above, solvent-contaminated wipes shall be exempt from regulation under the hazardous waste rules, from the point of generation, provided that:

 

(1)  Solvent-contaminated wipes and any containers in which they are stored contain only those solvents that were absorbed during use of such wipes in a cleaning or degreasing process;

 

(2)  No more than 180 days after the date on which a generator begins to accumulate solvent-contaminated wipes in any container, all solvent-contaminated wipes in that container are removed and sent for cleaning or disposal;

 

(3)  Solvent-contaminated wipes, when accumulated, stored, and transported, are contained in non-leaking, closed containers;

 

(4)  Any container in which solvent-contaminated wipes are accumulated, stored, or transported is able to contain free liquids;

 

(5)  Containers in which solvent-contaminated wipes are accumulated or stored are closed at all times except when it is necessary to add or remove solvent-contaminated wipes;

 

(6)  Containers in which solvent-contaminated wipes are accumulated, stored, or transported are clearly labeled or marked with the words “Excluded Solvent-Contaminated Wipes”;

 

(7)  When the container is full, or when the solvent-contaminated wipes are no longer being accumulated, or when the container is being transported, the container is sealed with all lids properly and securely affixed to the container and all openings tightly bound or closed sufficiently to prevent leaks and emissions;

 

(8)  At the point of being sent for cleaning on site or of being transported off site for cleaning or disposal, the solvent-contaminated wipes contain no free liquids; and

 

(9)  Free liquids removed from the solvent-contaminated wipes or from the container holding the wipes are managed in accordance with the hazardous waste rules.

 

          (h)  A person claiming the exemption in (b)(31) or (b)(34)a., above, shall document the claim in accordance with (j), below, and prove, by clear and convincing evidence, that the material meets all of the exemption requirements.

 

          (i)  With regard to the exemption in (b)(35), above, leachate or gas condensate shall not be exempt if it is stored or managed in a surface impoundment prior to discharge, except as provided in 40 CFR 261.4(b)(15)(v).

 

          (j)  A person who claims that a certain material is not a hazardous waste or is exempt from regulation under the hazardous waste rules, including Env-Hw 803.05, shall provide, upon request, the documentation specified in 40 CFR 261.2(f).

 

          (k)  Subject to (l), below, airbag waste at an airbag waste handler or during transport to an airbag waste collection facility or designated facility shall be exempt from regulation under the hazardous waste rules provided that:

 

(1)  The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;

 

(2)  The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled “Airbag Waste – Do Not Reuse”;

 

(3)  The airbag waste is sent directly to either:

 

a.  An airbag waste collection facility in the United States under the control of:

 

1.  A vehicle manufacturer or its authorized representative; or

 

2.  An authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration; or

 

b.  A designated facility;

 

(4)  The transport of the airbag waste complies with all applicable US DOT regulations in 49 CFR Parts 171 through 180 during transit; and

 

(5)  The airbag waste handler maintains at the handler facility, for no less than 3 years, records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility.

 

          (l)  For the purposes of (k), above:

 

(1)  The recordkeeping requirements of (k)(5) shall be as follows:

 

a.  Records of off-site shipments shall contain at a minimum for each shipment:

 

1.  The name of the transporter;

 

2.  The date of the shipment;

 

3.  The name and address of the receiving facility; and

 

4.  The quantities of airbag modules and airbag inflators, as applicable, in the shipment;

 

b.  Confirmations of receipt shall include:

 

1.  The name and address of the receiving facility;

 

2.  The quantities of airbag modules and airbag inflators, as applicable, received; and

 

3.  The date of receipt; and

 

c.  Shipping records and confirmations of receipt shall be made available for inspection upon request and may be satisfied by routine business records, including but not limited to:

 

1.  Electronic or paper financial records;

 

2.  Bills of lading;

 

3.  Copies of US DOT shipping papers; or

 

4.  Electronic confirmations of receipt;

 

(2)  Upon arrival at an airbag waste collection facility or designated facility:

 

a.  Airbag waste shall be subject to all applicable hazardous waste rules; and

 

b.  The facility receiving airbag waste shall be considered the hazardous waste generator for the purposes of the hazardous waste rules and shall comply with the requirements of Env-Hw 500; and

 

(3)  Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration shall be prohibited.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRED:
3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10739, eff 12-2-14; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22

 

          Env-Hw 401.04  Hazardous Waste Determination Methods.  Sampling and analysis of waste for the purpose of identifying the waste as a hazardous or non-hazardous waste shall conform with the procedures specified in 40 CFR 261 Appendix I, EPA publication “SW-846,” as specified in Env-Hw 104 and available as noted in Appendix B, additional methods specified in Env-Hw 400, or equivalent procedures approved by EPA in accordance with 40 CFR 260.20 and 260.21 or by the department in accordance with Env-Hw 401.05.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff
8-14-17

 

          Env-Hw 401.05  Petitions for Equivalent Testing or Analytical Methods.

 

          (a)  Any person seeking to add an analytical method to Env-Hw 400 or Env-Hw 800 with respect to hazardous waste regulated by New Hampshire but not by EPA may petition for a rule change to allow use of a new testing method.  The person shall demonstrate that the proposed method is equal or superior to the corresponding method required by Env-Hw 400 or Env-Hw 800 in terms of its sensitivity, accuracy and reproducibility.

 

          (b)  Each petition submitted pursuant to (a), above, shall include the information required by 40 CFR 260.20(b) and 40 CFR 260.21(b).

 

Source.  #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 401.06  Test Methods for Analyzing Hazardous Wastes.  Test methods for analyzing hazardous wastes shall be as specified in the following publications, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B:

 

          (a)  “ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester,” ASTM Standard D-3278-78;

 

          (b)  “ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester,” ASTM Standard D-93-79 or D-93-80;

 

          (c)  “ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography,” ASTM Standard D-1946-82;

 

          (d)  “ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),” ASTM Standard D-2382-83;

 

          (e)  “ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,” ASTM Standard E-169-87;

 

          (f)  “ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis,” ASTM Standard E 168-88;

 

          (g)  “ASTM Standard Practice for Packed Column Gas Chromatography,” ASTM Standard E-260-85;

 

          (h)  “ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” ASTM Standard D-2267-88;

 

          (i)  “APTI Course 415: Control of Gaseous Emissions,” EPA publication EPA-450/2-81-005, December 1981;

 

          (j)  “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981;

 

          (k)  “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA publication SW-846, as specified in Env-Hw 104;

 

          (l)  “Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised,” October 1992, EPA Publication No. EPA-450/R-92-019;

 

          (m)  “ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,” ASTM Standard E926-88, Test Method C-Bomb, Acid Digestion Method;

 

          (n)  API Publication 2517, “Evaporative Loss from External Floating-Roof Tanks,” Third Edition, February 1989; and

 

          (o)  “ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,” ASTM Standard D 2879-92.

 

Source.  #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19

 

PART Env-Hw 402  LISTED HAZARDOUS WASTES

 

          Env-Hw 402.01  Hazard Codes.

 

          (a)  Unless otherwise specified elsewhere in this chapter, this part shall identify the type of hazard presented by a waste using the following hazard codes:

 

(1)  For ignitable waste, the hazard code shall be “(I)”;

 

(2)  For corrosive waste, the hazard code shall be “(C)”;

 

(3)  For reactive waste, the hazard code shall be “(R)”;

 

(4)  For toxicity characteristic waste, the hazard code shall be “(E)”;

 

(5)  For acutely hazardous waste, the hazard code shall be “(H)”; and

 

(6)  For toxic waste, the hazard code shall be “(T).”

 

          (b)  40 CFR 261 Appendix VII shall be used to identify the constituent that causes the administrator to list a waste as a toxicity characteristic waste (E) or toxic waste (T) when listed in Env-Hw 402.06(a) or Env-Hw 402.07(a).

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 402.02  Hazardous Waste Numbers.

 

          (a)  Every applicable EPA and NH hazardous waste number assigned to each hazardous waste listed in this part, shown preceding the name of the waste in Table 4.1 through Table 4.9, shall be used in complying with the notification, labeling, manifest, and recordkeeping and reporting requirements of the hazardous waste rules, unless otherwise specified in Env-Hw 807.

 

          (b)  The hazardous waste numbers assigned by EPA and New Hampshire for listed hazardous wastes shall be as set forth in Env-Hw 402.04, Env-Hw 402.05, Env-Hw 402.06, and Env-Hw 402.07.

 

Source.  #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

        Env-Hw 402.03  Lists of Hazardous Wastes.

 

        (a)  The materials or items specified in Env-Hw 402 shall be considered hazardous wastes:

 

(1)  When they are discarded or intended to be discarded as defined in Env-Hw 103;

 

(2)  When they are mixed with discarded oil or used oil or other material and applied to the land for dust suppression or road treatment;

 

(3)  When they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use; or

 

(4)  When, in lieu of their original intended use, they are produced for use as a fuel, or as a component of a fuel, distributed for use as a fuel, or burned as a fuel.

 

        (b)  For the purposes of dust suppression and road treatment, “discarded oil” means virgin oil that has been discarded prior to being used.

 

        (c)  For the purposes of the lists of hazardous waste in Env-Hw 402.04 and Env-Hw 402.05, the phrase “commercial chemical product or manufacturing chemical intermediate, having the generic name listed in . . .’’ shall refer to a chemical substance that is manufactured or formulated for commercial or manufacturing use that consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient.  The phrase shall not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in Env-Hw 402.04 or Env-Hw 402.05. 

 

        (d)  When a material, such as a manufacturing process waste, is deemed to be a hazardous waste because it contains a substance listed in Env-Hw 402.04 or Env-Hw 402.05, such waste shall be listed in either Env-Hw 402.06 or Env-Hw 402.07 or shall be identified as a hazardous waste by the characteristics set forth in Env-Hw 403.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #13406, eff 7-23-22

 

        Env-Hw 402.04  Acutely Hazardous Wastes.

 

        (a)  The following materials, when waste, shall be considered acutely hazardous waste:

 

(1)  Any commercial chemical product or manufacturing chemical intermediate, having the generic name listed in (b) or (d), below, or any off-specification chemical product or intermediate that, if it met specifications, would have the generic name listed in (b) or (d), below;

 

(2)  Any residue remaining in a container or in an inner liner removed from a container that has held any material having the generic name listed in (b) and (d), below, unless the container is empty as defined in Env-Hw 401.03(d); or

 

(3)  Any material listed in Env-Hw 402.06 that is identified with the symbol "H".

 

        (b)  EPA-listed acutely hazardous wastes shall be as listed in Table 4.1, below, subject to the note in (c), below:

 

Table 4.1 EPA Acutely Hazardous Wastes

 

EPA Hazardous Waste Number

Chemical

Abstracts

Number

Hazardous Waste

P023

107-20-0

Acetaldehyde, chloro-

P002

591-08-2

Acetamide,N-(aminothioxomethyl)-

P057

640-19-7

Acetamide, 2-fluoro-

P058

62-74-8

Acetic acid, fluoro-, sodium salt

P002

591-08-2

1-Acetyl-2-thiourea

P003

107-02-8

Acrolein

P070

116-06-3

Aldicarb

P203

1646-88-4

Aldicarb sulfone

P004

309-00-2

Aldrin

P005

107-18-6

Allyl alcohol

P006

20859-73-8

Aluminum phosphide (R,T)

P007

2763-96-4

5-(Aminomethyl)-3-isoxazolol

P008

504-24-5

4-Aminopyridine

P009

131-74-8

Ammonium picrate (R)

P119

7803-55-6

Ammonium vanadate

P099

506-61-6

Argentate(1-),bis(cyano-C)-,potassium

P010

7778-39-4

Arsenic acid H3AsO4

P012

1327-53-3

Arsenic oxide As2O3

P011

1303-28-2

Arsenic oxide As2O5

P011

1303-28-2

Arsenic pentoxide

P012

1327-53-3

Arsenic trioxide

P038

692-42-2

Arsine, diethyl-

P036

696-28-6

Arsonous dichloride, phenyl-

P054

151-56-4

Aziridine

P067

75-55-8

Aziridine, 2-methyl-

P013

542-62-1

Barium cyanide

P024

106-47-8

Benzenamine, 4-chloro-

P077

100-01-6

Benzenamine, 4-nitro-

P028

100-44-7

Benzene, (chloromethyl)-

P042

51-43-4

1,2-Benzenediol, 4-[1-hydroxy-2-methylamino)ethyl]-, (R)-

P046

122-09-8

Benzeneethanamine, alpha,alpha-dimethyl

P014

108-98-5

Benzenethiol

P127

1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate

P188

57-64-7

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1)

P001

181-81-2

2H-1-Benzopyran-2-one, 4-hydroxy-3-

(3-oxo-1-phenylbutyl)-, & salts, when

present at concentrations greater than 0.3%

P028

100-44-7

Benzyl chloride

P015

7440-41-7

Beryllium powder

P017

598-31-2

Bromoacetone

P018

357-57-3

Brucine

P045

39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-,
O-[(methylamino) carbonyl]oxime

P021

592-01-8

Calcium cyanide

P021

592-01-8

Calcium cyanide Ca(CN)2

P189

55285-14-8

Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester

P191

644-64-4

Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester

P192

119-38-0

Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester

P190

1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester

P127

1563-66-2

Carbofuran

P022

75-15-0

Carbon disulfide

P095

75-44-5

Carbonic dichloride

P189

55285-14-8

Carbosulfan

P023

107-20-0

Chloroacetaldehyde

P024

106-47-8

p-Chloroaniline

P026

5344-82-1

1-(o-Chlorophenyl) thiourea

P027

542-76-7

3-Chloropropionitrile

P029

544-92-3

Copper cyanide

P029

544-92-3

Copper cyanide Cu(CN)

P202

64-00-6

m-Cumenyl methylcarbamate

P030

--------

Cyanides (soluble cyanide salts), not otherwise specified

P031

460-19-5

Cyanogen

P033

506-77-4

Cyanogen chloride

P033

506-77-4

Cyanogen chloride (CN)Cl

P034

131-89-5

2-Cyclohexyl-4,6- dinitrophenol

P016

542-88-1

Dichloromethyl ether

P036

696-28-6

Dichlorophenylarsine

P037

60-57-1

Dieldrin

P038

692-42-2

Diethylarsine

P041

311-45-5

Diethyl-p-nitrophenyl phosphate

P040

297-97-2

O, O -Diethyl O -pyrazinyl phosphorothioate

P043

55-91-4

Diisopropylfluorophosphate (DFP)

P004

309-00-2

1,4,5,8-Dimethanonaphthalene,

1,2,3,4,10,10-hexachloro-1, 4,4a,5,8,8

a,-hexahydro-,(1alpha,4alpha,4abeta,5 alpha,8alpha,8abeta)-

P060

465-73-6

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro

-1,4,4a,5,8,8a,-[hexachloro]hexahydro-(1alpha,4alpha,

4abeta,5beta,8beta,8abeta)-

P037

60-57-1

2,7:3,6-Dimethanonaphth[2,3-b]oxirene,

3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,

7,7a-octahydro-(laalpha,2beta,2aalpha,

3beta,6beta,6aalpha,7beta,7aalpha)-

P051

172-20-8

2,7:3,6-Dimethanonaphth [2,3-b] oxirene,3,4,5,6,9,9-

hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,

(1aalpha,2beta,2abeta,3alpha,6alpha,

6abeta,7beta,7aalpha)-,& metabolites

P044

60-51-5

Dimethoate

P046

122-09-8

alpha,alpha-Dimethylphenethylamine

P191

644-64-4

Dimetilan

P047

1534-52-1

4,6-Dinitro-o-cresol, & salts

P048

51-28-5

2,4-Dinitrophenol

P020

88-85-7

Dinoseb

P085

152-16-9

Diphosphoramide, octamethyl-

P111

107-49-3

Diphosphoric acid, tetraethyl ester

P039

298-04-4

Disulfoton

P049

541-53-7

Dithiobiuret

P185

26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)- carbonyl]oxime

P050

115-29-7

Endosulfan

P088

145-73-3

Endothall

P051

72-20-8

Endrin

P051

72-20-8

Endrin, & metabolites

P042

51-43-4

Epinephrine

P031

460-19-5

Ethanedinitrile

P194

23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester

P066

16752-77-5

Ethanimidothioic acid,

N-[[(methylamino)carbonyl]oxy]-, methyl ester

P101

107-12-0

Ethyl cyanide

P054

151-56-4

Ethyleneimine

P097

52-85-7

Famphur

P056

7782-41-4

Fluorine

P057

640-19-7

Fluoroacetamide

P058

62-74-8

Fluoroacetic acid, sodium salt

P198

23422-53-9

Formetanate hydrochloride

P197

17702-57-7

Formparanate

P065

628-86-4

Fulminic acid, mercury(2+) salt (R,T)

P059

76-44-8

Heptachlor

P062

757-58-4

Hexaethyl tetraphosphate

P116

79-19-6

Hydrazinecarbothioamide

P068

60-34-4

Hydrazine, methyl-

P063

74-90-8

Hydrocyanic acid

P063

74-90-8

Hydrogen cyanide

P096

7803-51-2

Hydrogen phosphide

P060

465-73-6

Isodrin

P192

119-38-0

Isolan

P202

64-00-6

3-Isopropylphenyl N-methylcarbamate

P007

2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-

P196

15339-36-3

Manganese, bis(dimethylcarbamodithioato-S,S')-,

P196

15339-36-3

Manganese dimethyldithiocarbamate

P092

62-38-4

Mercury, (acetato- O)phenyl-

P065

628-86-4

Mercury fulminate (R,T)

P082

62-75-9

Methanamine, N-methyl-N-nitroso-

P064

624-83-9

Methane, isocyanato-

P016

542-88-1

Methane, oxybis[chloro-

P112

509-14-8

Methane, tetranitro- (R)

P118

75-70-7

Methanethiol, trichloro-

P198

23422-53-9

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride

P197

17702-57-7

Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-

P050

115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-hexachloro-1,5,5a,6, 9,9a-hexahydro-, 3-oxide

P059

76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8- heptachloro-3a,4,7,7a-tetrahydro-

P199

2032-65-7

Methiocarb

P066

16752-77-5

Methomyl

P068

60-34-4

Methyl hydrazine

P064

824-83-9

Methyl isocyanate

P069

75-86-5

2-Methyllactonitrile

P071

298-00-0

Methyl parathion

P190

1129-41-5

Metolcarb

P128

315-18-4

Mexacarbate

P072

86-88-4

alpha Naphthylthiourea

P073

13463-39-3

Nickel carbonyl

P073

13463-39-3

Nickel carbonyl Ni(CO)4, (T-4)-

P074

557-19-7

Nickel cyanide

P074

557-19-7

Nickel cyanide Ni(CN)2

P075

154-11-5

Nicotine & salts (This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies.)

P076

10102-43-9

Nitric oxide

P077

100-01-6

p-Nitroaniline

P078

10102-44-0

Nitrogen dioxide

P076

10102-43-9

Nitrogen oxide N0

P078

10102-44-0

Nitrogen oxide N02

P081

55-63-0

Nitroglycerine (R)

P082

62-75-9

N-Nitrosodimethylamine

P084

4549-40-0

N-Nitrosomethylvinylamine

P085

152-16-9

Octamethylpyrophosphoramide

P087

20816-12-0

Osmium oxide OsO4, (T-4)-

P087

20816-12-0

Osmium tetroxide

P088

145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid

P194

23135-22-0

Oxamyl

P089

56-38-2

Parathion

P034

131-89-5

Phenol, 2-cyclohexyl-4,6-dinitro-

P048

51-28-5

Phenol, 2,4-dinitro-

P047

1534-52-1

Phenol, 2-methyl-4,6-dinitro-, & salts

P020

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

P009

131-74-8

Phenol, 2,4,6-trinitro-, ammonium salt (R)

P128

315-18-4

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester)

P199

2032-65-7

Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

P202

64-00-6

Phenol, 3-(1-methylethyl)-, methyl carbamate

P201

2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate

P092

62-38-4

Phenylmercury acetate

P093

103-85-5

Phenylthiourea

P094

298-02-2

Phorate

P095

75-44-5

Phosgene

P096

7803-51-2

Phosphine

P041

311-45-5

Phosphoric acid, diethyl 4-nitrophenyl ester

P039

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

P094

298-02-2

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P044

60-51-5

Phosphorodithioic acid, O,O-dimethyl-[2-methylamino)-

2-oxoethyl] ester

P043

55-91-4

Phosphorofluoridic acid, bis(1-methylethyl) ester

P089

56-38-2

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

P040

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

P097

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino)sufonyl]

phenyl] O,O-dimethyl ester

P071

298-00-0

Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester

P204

57-47-6

Physostigmine

P188

57-64-7

Physostigmine salicylate

P110

78-00-2

Plumbane, tetraethyl-

P098

151-50-8

Potassium cyanide

P098

151-50-8

Potassium cyanide K(CN)

P099

506-61-6

Potassium silver cyanide

P201

2631-37-0

Promecarb

P070

116-06-3

Propanal, 2-methyl-2(methylthio)-,

O-[(methylamino)carbonyl]oxime

P203

1646-88-4

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime

P101

107-12-0

Propanenitrile

P027

542-76-7

Propanenitrile, 3-chloro-

P069

75-86-5

Propanenitrile, 2-hydroxy-2-methyl-

P081

55-63-0

1,2,3-Propanetriol, trinitrate (R)

P017

598-31-2

2-Propanone, 1-bromo-

P102

107-19-7

Propargyl alcohol

P003

107-02-8

2-Propenal

P005

107-18-6

2-Propen-1-ol

P067

75-55-8

1,2-Propylenimine

P102

107-19-7

2-Propyn-1-ol

P008

504-24-5

4-Pyridinamine

P075

154-11-5

Pyridine, 3-(1-methyl-3pyrrolidinyl)-, (S)-, & salts (This listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies.)

P204

57‑47‑6

Pyrrolo[2,3‑b]indol‑5‑ol, 1,2,3,3a,8,8a‑hexahydro‑1,3a,8‑ trimethyl‑, methylcarbamate (ester), (3aS‑cis)‑

P114

12039-52-0

Selenious acid, dithallium(1+) salt

P103

630-10-4

Selenourea

P104

506-64-9

Silver cyanide

P104

506-64-9

Silver cyanide Ag(CN)

P105

26628-22-8

Sodium azide

P106

143-33-9

Sodium cyanide

P106

143-33-9

Sodium cyanide Na(CN)

P108

157-24-9

Strychnidin-10-one, & salts

P018

357-57-3

Strychnidin-10-one, 2,3-dimethoxy-

P108

157-24-9

Strychnine, & salts

P115

7446-18-6

Sulfuric acid, dithallium(1+) salt

P109

3689-24-5

Tetraethyldithiopyrophosphate

P110

78-00-2

Tetraethyl lead

P111

107-49-3

Tetraethyl pyrophosphate

P112

509-14-8

Tetranitromethane (R)

P062

757-58-4

Tetraphosphoric acid, hexaethyl ester

P113

1314-32-5

Thallic oxide

P113

1314-32-5

Thallium oxide Tl2O3

P114

12039-52-0

Thallium(1) selenite

P115

7446-18-6

Thallium(1) sulfate

P109

3689-24-5

Thiodiphosphoric acid, tetraethyl ester

P045

39196-18-4

Thiofanox

P049

541-53-7

Thioimidodicarbonic diamide [(H2N)C(S)]2NH

P014

108-98-5

Thiophenol

P116

79-19-6

Thiosemicarbazide

P026

5344-82-1

Thiourea, (2-chlorophenyl)-

P072

86-88-4

Thiourea, 1-naphthalenyl-

P093

103-85-5

Thiourea, phenyl-

P185

26419‑73‑8

Tirpate

P123

8001-35-2

Toxaphene

P118

75-70-7

Trichloromethanethiol

P119

7803-55-6

Vanadic acid, ammonium salt

P120

1314-62-1

Vanadium oxide V2O5

P120

1314-62-1

Vanadium pentoxide

P084

4549-40-0

Vinylamine, N-methyl-N-nitroso-

P001

181-81-2

Warfarin, & salts, when present at concentrations greater than 0.3%

P205

137‑30‑4

Zinc, bis(dimethylcarbamodithioato‑S,S')‑,

P121

557-21-1

Zinc cyanide

P121

557-21-1

Zinc cyanide Zn(CN)2

P122

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T)

P205

137‑30‑4

Ziram

 

        (c)  In Table 4.1, the superscript number "1" shall indicate that the chemical abstracts number is given for the parent compound only.

 

        (d)  New Hampshire-listed acutely hazardous wastes shall be as listed in Table 4.2 below:

 

Table 4.2 New Hampshire Acutely Hazardous Wastes

 

NH Hazardous Waste Number

Hazardous Waste

NH03 to NH11

Reserved

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22

 

          Env-Hw 402.05  Toxic Hazardous Wastes.

 

          (a)  The following materials, when waste, shall constitute toxic hazardous waste:

 

(1)  Any commercial chemical product or manufacturing chemical intermediate, having the generic name listed in (b) or (d), below, or any off-specification chemical product or intermediate that, if it met specification, would have the generic name listed in (b) or (d), below; or

 

(2)  Any residue remaining in a container or in an inner liner removed from a container that has held any material having the generic name listed in (b), below, unless the container is empty as defined in Env-Hw 401.03(d).

 

          (b)  EPA-listed toxic hazardous wastes shall be as listed in Table 4.3 below:

 

Table 4.3 EPA Toxic Hazardous Wastes

 

EPA Hazardous Waste Number

Chemical

Abstracts

Number

Hazardous Waste

U394

30558‑43‑1

A2213

U001

75-07-0

Acetaldehyde (I)

U034

75-87-6

Acetaldehyde, trichloro-

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-

U005

53-96-3

Acetamide, N-9H-fluoren-2-yl-

U240

194-75-7

Acetic acid (2,4-dichlorophenoxy)-, salts and esters

U112

141-78-6

Acetic acid ethyl ester (I)

U144

301-04-2

Acetic acid, lead (2+) salt

U214

563-68-8

Acetic acid, thallium (1+) salt

See F027

93-76-5

Acetic acid,(2,4,5-trichlorophenoxy)-

U002

67-64-1

Acetone (I)

U003

75-05-8

Acetonitrile (I,T)

U004

98-86-2

Acetophenone

U005

53-96-3

2-Acetylaminofluorene

U006

75-36-5

Acetyl chloride (C,R,T)

U007

79-06-1

Acrylamide

U008

79-10-7

Acrylic acid (I)

U009

107-13-1

Acrylonitrile

U011

61-82-5

Amitrole

U012

62-53-3

Aniline (I,T)

U136

75-60-5

Arsinic acid, dimethyl-

U014

492-80-8

Auramine

U015

115-02-6

Azaserine

U010

50-07-7

Azirino [2',3':3,4] pyrrolo [1,2-a] indole-4,7-

dione,6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-,

[1aS-(1aalpha,8beta,8aalpha,8balpha)]-

U280

101‑27‑9

Barban

U278

22781‑23‑3

Bendiocarb

U364

22961‑82‑6

Bendiocarb phenol

U271

17804‑35‑2

Benomyl

U157

56-49-5

Benz [j] aceanthrylene, 1,2-dihydro-3-methyl-

U016

225-51-4

Benz [c] acridine

U017

98-87-3

Benzal chloride

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

U018

56-55-3

Benz [a] anthracene

U094

57-97-6

Benz [a] anthracene, 7,12-dimethyl-

U012

62-53-3

Benzenamine (I,T)

U014

492-80-8

Benzenamine, 4,4'-carbonimidoylbis[N,N- dimethyl-

U049

3165-93-3

Benzenamine, 4-chloro-2-methyl-, hydrochloride

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

U328

95-53-4

Benzenamine, 2-methyl-

U353

106-49-0

Benzenamine, 4-methyl-

U158

101-14-4

Benzenamine, 4,4'-methylenebis[2-chloro-

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride

U181

99-55-8

Benzenamine, 2-methyl-5-nitro-

U019

71-43-2

Benzene (I,T)

U038

510-15-6

Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester

U030

101-55-3

Benzene, 1-bromo-4-phenoxy-

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U037

108-90-7

Benzene, chloro-

U221

25376-45-8

Benzenediamine, ar-methyl-

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis (2-ethylhexyl) ester

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

U070

95-50-1

Benzene, 1,2-dichloro-

U071

541-73-1

Benzene, 1,3-dichloro-

U072

106-46-7

Benzene, 1,4-dichloro-

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene) bis [4-chloro-

U017

98-87-3

Benzene, (dichloromethyl)-

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl­(R,T)

U239

1330-20-7

Benzene, dimethyl-(I)

U201

108-46-3

1,3-Benzenediol

U127

118-74-1

Benzene, hexachloro-

U056

110-82-7

Benzene, hexahydro-(I)

U220

108-88-3

Benzene, methyl-

U105

121-14-2

Benzene, 1-methyl-2,4-dinitro

U106

606-20-2

Benzene, 2-methyl-1,3-dinitro-

U055

98-82-8

Benzene, (1-methylethyl)- (I)

U169

98-95-3

Benzene, nitro-

U183

608-93-5

Benzene, pentachloro-

U185

82-68-8

Benzene, pentachloronitro-

U020

98-09-9

Benzenesulfonic acid chloride (C,R)

U020

98-09-9

Benzenesulfonyl chloride (C,R)

U207

95-94-3

Benzene, 1,2,4,5-tetrachloro-

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro

U247

72-43-5

Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-methoxy-

U023

98-07-7

Benzene, (trichloromethyl)-

U234

99-35-4

Benzene, 1,3,5-trinitro-

U021

92-87-5

Benzidine

U278

22781‑23‑3

1,3‑Benzodioxol‑4‑ol, 2,2‑dimethyl‑, methyl carbamate

U364

22961‑82‑6

1,3‑Benzodioxol‑4‑ol, 2,2‑dimethyl‑,

U203

94-59-7

1,3 Benzodioxole, 5-(2-propenyl)-

U141

120-58-1

1,3 Benzodioxole, 5-(1-propenyl)-

U090

94-58-6

1,3 Benzodioxole, 5-propyl-

U367

1563‑38‑8

7‑Benzofuranol, 2,3‑dihydro‑2,2‑dimethyl‑

U064

189-55-9

Benzo[rst]pentaphene

U248

181-81-2

2H-1-Benzopyran-2-one, 4 hydroxy-3- (3-oxo-1-phenyl-butyl)-, and salts when present at concentrations of 0.3% or less

U022

50-32-8

Benzo[a]pyrene

U197

106-51-4

p-Benzoquinone

U023

98-07-7

Benzotrichloride (C,R,T,)

U085

1464-53-5

2,2'-Bioxirane

U021

92-87-5

[1,1'-Biphenyl]-4-4'-diamine

U073

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

U091

119-90-4

[1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethoxy-

U095

119-93-7

[1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethyl-

U225

75-25-2

Bromoform

U030

101-55-3

4-Bromophenyl phenyl ether

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-

U031

71-36-3

1-Butanol (I)

U159

78-93-3

2-Butanone (I,T)

U160

1338-23-4

2-Butanone, peroxide (R,T)

U053

4170-30-3

2-Butenal

U074

764-41-0

2-Butene, 1,4-dichloro- ­(I,T)

U143

303-34-4

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-

(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester,

[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]-

U031

71-36-3

n-Butyl alcohol (I)

U136

75-60-5

Cacodylic acid

U032

13765-19-0

Calcium chromate

U372

10605‑21‑7

Carbamic acid, 1H‑benzimidazol‑2‑yl, methyl ester

U271

17804‑35‑2

Carbamic acid, [1‑[(butylamino)carbonyl]‑1H‑ benzimidazol‑2‑yl]‑, methyl ester

U280

101‑27‑9

Carbamic acid, (3‑chlorophenyl)‑, 4‑chloro‑2‑butynyl ester

U238

51-79-6

Carbamic acid, ethyl ester

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester

U373

122‑42‑9

Carbamic acid, phenyl‑, 1‑methylethyl ester

U409

23564‑05‑8

Carbamic acid, [1,2‑phenylenebis (iminocarbonothioyl)]bis‑, dimethyl  ester

U097

79-44-7

Carbamic chloride, dimethyl-

U389

2303‑17‑5

Carbamothioic acid, bis(1‑methylethyl)‑, S‑(2,3,3‑trichloro‑2‑propenyl) ester

U387

52888‑80‑9

Carbamothioic acid, dipropyl‑, S‑(phenylmethyl) ester

U114

1111-54-6

Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

U279

63‑25‑2

Carbaryl

U372

10605‑21‑7

Carbendazim

U367

1563‑38‑8

Carbofuran phenol

U215

6533-73-9

Carbonic acid, dithallium(1+) salt

U033

353-50-4

Carbonic difluoride

U156

79-22-1

Carbonochloridic acid, methyl ester (I,T)

U033

353-50-4

Carbon oxyfluoride (R,T)

U211

56-23-5

Carbon tetrachloride

U034

75-87-6

Chloral

U035

305-03-3

Chlorambucil

U036

57-74-9

Chlordane, alpha & gamma isomers

U026

494-03-1

Chlornaphazin

U037

108-90-7

Chlorobenzene

U038

510-15-6

Chlorobenzilate

U039

59-50-7

p-Chloro-m-cresol

U042

110-75-8

2-Chloroethyl vinyl ether

U044

67-66-3

Chloroform

U046

107-30-2

Chloromethyl methyl ether

U047

91-58-7

beta-Chloronaphthalene

U048

95-57-8

o-Chlorophenol

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride

U032

13765-19-0

Chromic acid H2CrO4, calcium salt

U050

218-01-9

Chrysene

U051

---------

Creosote

U052

1319-77-3

Cresol (Cresylic acid)

U053

4170-30-3

Crotonaldehyde

U055

98-82-8

Cumene (I)

U246

506-68-3

Cyanogen bromide (CN)Br

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione

U056

110-82-7

Cyclohexane (I)

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-

U057

108-94-1

Cyclohexanone (I)

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

U058

50-18-0

Cyclophosphamide

U240

194-75-7

2,4-D, salts and esters

U059

20830-81-3

Daunomycin

U060

72-54-8

DDD

U061

50-29-3

DDT

U062

2303-16-4

Diallate

U063

53-70-3

Dibenz[a,h]anthracene

U064

189-55-9

Dibenzo[a,i]pyrene

U066

96-12-8

1,2-Dibromo-3-chloropropane

U069

84-74-2

Dibutyl phthalate

U070

95-50-1

o-Dichlorobenzene

U071

541-73-1

m-Dichlorobenzene

U072

106-46-7

p-Dichlorobenzene

U073

91-94-1

3,3'-Dichlorobenzidine

U074

764-41-0

1,4-Dichloro-2-butene (I,T)

U075

75-71-8

Dichlorodifluoromethane

U078

75-35-4

1,1-Dichloroethylene

U079

156-60-5

1,2-Dichloroethylene

U025

111-44-4

Dichloroethyl ether

U027

108-60-1

Dichloroisopropyl ether

U024

111-91-1

Dichloromethoxy ethane

U081

120-83-2

2,4-Dichlorophenol

U082

87-65-0

2,6-Dichlorophenol

U084

542-75-6

1,3-Dichloropropene

U085

1464-53-5

1,2:3,4-Diepoxybutane (I,T)

U108

123-91-1

1,4-Diethyleneoxide

U028

117-81-7

Diethylhexyl phthalate

U395

5952‑26‑1

Diethylene glycol, dicarbamate

U086

1615-80-1

N,N'-Diethylhydrazine

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate

U088

84-66-2

Diethyl phthalate

U089

56-53-1

Diethylstilbestrol

U090

94-58-6

Dihydrosafrole

U091

119-90-4

3,3'-Dimethoxybenzidine

U092

124-40-3

Dimethylamine (I)

U093

60-11-7

p-Dimethylaminoazobenzene

U094

57-97-6

7,12-Dimethylbenz[a]anthracene

U095

119-93-7

3,3'-Dimethylbenzidine

U096

80-15-9

alpha,alpha-Dimethylbenzylhydroperoxide (R)

U097

79-44-7

Dimethylcarbamoyl chloride

U098

57-14-7

1,1-Dimethylhydrazine

U099

540-73-8

1,2-Dimethylhydrazine

U101

105-67-9

2,4-Dimethylphenol

U102

131-11-3

Dimethyl phthalate

U103

77-78-1

Dimethyl sulfate

U105

121-14-2

2,4-Dinitrotoluene

U106

606-20-2

2,6-Dinitrotoluene

U107

117-84-0

Di-n-octyl phthalate

U108

123-91-1

1,4-Dioxane

U109

122-66-7

1,2-Diphenylhydrazine

U110

142-84-7

Dipropylamine (I)

U111

621-64-7

Di-n-propylnitrosamine

U041

106-89-8

Epichlorohydrin

U001

75-07-0

Ethanal (I)

U404

121‑44‑8

Ethanamine, N,N‑diethyl‑

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

U067

106-93-4

Ethane, 1,2-dibromo-

U076

75-34-3

Ethane, 1,1-dichloro-

U077

107-06-2

Ethane, 1,2-dichloro-

U131

67-72-1

Ethane, hexachloro-

U024

111-91-1

Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-

U117

60-29-7

Ethane, 1,1'-oxybis- (I)

U025

111-44-4

Ethane, 1,1'-oxybis[2-chloro-

U184

76-01-7

Ethane, pentachloro-

U208

630-20-6

Ethane, 1,1,1,2-tetrachloro-

U209

79-34-5

Ethane, 1,1,2,2-tetrachloro-

U218

62-55-5

Ethanethioamide

U226

71-55-6

Ethane, 1,1,1-trichloro-

U227

79-00-5

Ethane, 1,1,2-trichloro-

U410

59669‑26‑0

Ethanimidothioic acid, N,N'‑ [thiobis[(methylimino)carbonyloxy]]bis‑,  dimethyl ester

U394

30558‑43‑1

Ethanimidothioic acid, 2‑(dimethylamino)‑N‑hydroxy‑2‑ oxo‑, methyl ester

U359

110-80-5

Ethanol, 2-ethoxy-

U173

1116-54-7

Ethanol, 2,2'-(nitrosoimino)bis-

U395

5952‑26‑1

Ethanol, 2,2'‑oxybis‑, dicarbamate

U004

98-86-2

Ethanone, 1-phenyl-

U043

75-01-4

Ethene, chloro-

U042

110-75-8

Ethene, (2-chloroethoxy)-

U078

75-35-4

Ethene, 1,1-dichloro-

U079

156-60-5

Ethene, 1,2-dichloro-,(E)-

U210

127-18-4

Ethene, tetrachloro-

U228

79-01-6

Ethene, trichloro-

U112

141-78-6

Ethyl acetate (I)

U113

140-88-5

Ethyl acrylate (I)

U238

51-79-6

Ethyl carbamate (urethane)

U117

60-29-7

Ethyl ether (I)

U114

1111-54-6

Ethylenebisdithiocarbamic acid, salts & esters

U067

106-93-4

Ethylene dibromide

U077

107-06-2

Ethylene dichloride

U359

110-80-5

Ethylene glycol monoethyl ether

U115

75-21-8

Ethylene oxide (I,T)

U116

96-45-7

Ethylenethiourea

U076

75-34-3

Ethylidene dichloride

U118

97-63-2

Ethyl methacrylate

U119

62-50-0

Ethyl methanesulfonate

U120

206-44-0

Fluoranthene

U122

50-00-0

Formaldehyde

U123

64-18-6

Formic acid (C,T)

U124

110-00-9

Furan (I)

U125

98-01-1

2-Furancarboxaldehyde (I)

U147

108-31-6

2,5-Furandione

U213

109-99-9

Furan, tetrahydro- (I)

U125

98-01-1

Furfural (I)

U124

110-00-9

Furfuran (I)

U206

18883-66-4

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,D-

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino) -carbonyl]amino]-

U126

765-34-4

Glycidylaldehyde

U163

70-25-7

Guanidine, N-methyl-N'-nitro-N-nitroso-

U127

118-74-1

Hexachlorobenzene

U128

87-68-3

Hexachlorobutadiene

U130

77-47-4

Hexachlorocyclopentadiene

U131

67-72-1

Hexachloroethane

U132

70-30-4

Hexachlorophene

U243

1888-71-7

Hexachloropropene

U133

302-01-2

Hydrazine (R,T)

U086

1615-80-1

Hydrazine, 1,2-diethyl-

U098

57-14-7

Hydrazine, 1,1-dimethyl-

U099

540-73-8

Hydrazine, 1,2-dimethyl-

U109

122-66-7

Hydrazine, 1,2-diphenyl-

U134

7664-39-3

Hydrofluoric acid (C,T)

U134

7664-39-3

Hydrogen fluoride (C,T)

U135

7783-06-4

Hydrogen sulfide

U135

7783-06-4

Hydrogen sulfide H2S

U096

80-15-9

Hydroperoxide, 1-methyl-1-phenylethyl- (R)

U116

96-45-7

2-Imidazolidinethione

U137

193-39-5

Indeno[1,2,3-cd]pyrene

U190

85-44-9

1,3-Isobenzofurandione

U140

78-83-1

Isobutyl alcohol (I,T)

U141

120-58-1

Isosafrole

U142

143-50-0

Kepone

U143

303-34-4

Lasiocarpine

U144

301-04-2

Lead acetate

U146

1335-32-6

Lead, bis(acetato-O)tetrahydroxytri-

U145

7446-27-7

Lead phosphate

U146

1335-32-6

Lead subacetate

U129

58-89-9

Lindane

U163

70-25-7

MNNG

U147

108-31-6

Maleic anhydride

U148

123-33-1

Maleic hydrazide

U149

109-77-3

Malononitrile

U150

148-82-3

Melphalan

U151

7439-97-6

Mercury

U152

126-98-7

Methacrylonitrile (I,T)

U092

124-40-3

Methanamine, N-methyl-(I)

U029

74-83-9

Methane, bromo-

U045

74-87-3

Methane, chloro- (I,T)

U046

107-30-2

Methane, chloromethoxy-

U068

74-95-3

Methane, dibromo-

U080

75-09-2

Methane, dichloro-

U075

75-71-8

Methane, dichlorodifluoro-

U138

74-88-4

Methane, iodo-

U119

62-50-0

Methanesulfonic acid, ethyl ester

U211

56-23-5

Methane, tetrachloro-

U153

74-93-1

Methanethiol (I,T)

U225

75-25-2

Methane, tribromo-

U044

67-66-3

Methane, trichloro-

U121

75-69-4

Methane, trichlorofluoro-

U036

57-74-9

4,7-Methano-1H-indene, 1,2,4,5,6,7,8, 8-octachloro-2,3,3a,4,7,7a-hexahydro-

U154

67-56-1

Methanol (I)

U155

91-80-5

Methapyrilene

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen -2-one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

U247

72-43-5

Methoxychlor

U154

67-56-1

Methyl alcohol (I)

U029

74-83-9

Methyl bromide

U186

504-60-9

1-Methylbutadiene (I)

U045

74-87-3

Methyl chloride (I,T)

U156

79-22-1

Methyl chlorocarbonate (I,T)

U226

71-55-6

Methyl chloroform

U157

56-49-5

3-Methylcholanthrene

U158

101-14-4

4,4'-Methylenebis(2-chloroaniline)

U068

74-95-3

Methylene bromide

U080

75-09-2

Methylene chloride

U159

78-93-3

Methyl ethyl ketone (MEK) (I,T)

U160

1338-23-4

Methyl ethyl ketone peroxide (R,T)

U138

74-88-4

Methyl iodide

U161

108-10-1

Methyl isobutyl ketone (I)

U162

80-62-6

Methyl methacrylate (I,T)

U161

108-10-1

4-Methyl-2-pentanone (I)

U164

56-04-2

Methylthiouracil

U010

50-07-7

Mitomycin C

U059

20830-81-3

5,12-Napthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-,(8S-cis)-

U167

134-32-7

1-Naphthalenamine

U168

91-59-8

2-Naphthalenamine

U026

494-03-1

Napthalenamine, N,N'-bis(2-chloroethyl)-

U165

91-20-3

Naphthalene

U047

91-58-7

Naphthalene, 2-chloro-

U166

130-15-4

1,4-Naphthalenedione

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U279

63‑25‑2

1‑Naphthalenol, methylcarbamate

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

beta-Naphthylamine

U217

10102-45-1

Nitric acid, thallium(1+) salt

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U171

79-46-9

2-Nitropropane (I,T)

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U177

684-93-5

N-Nitroso-N-methylurea

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U180

930-55-2

N-Nitrosopyrrolidine

U181

99-55-8

5-Nitro-o-toluidine

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis (2-chloroethyl)tetrahydro-, 2-oxide

U115

75-21-8

Oxirane (I,T)

U126

765-34-4

Oxiranecarboxyaldehyde

U041

106-89-8

Oxirane, (chloromethyl)-

U182

123-63-7

Paraldehyde

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Pentachloroethane

U185

82-68-8

Pentachloronitrobenzene (PCNB)

See F027

87-86-5

Pentachlorophenol

U186

504-60-9

1,3-Pentadiene (I)

U161

108-10-1

Pentanol, 4-methyl-

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U048

95-57-8

Phenol, 2-chloro-

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U081

120-83-2

Phenol, 2,4-dichloro-

U082

87-65-0

Phenol, 2,6-dichloro-

U089

56-53-1

Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U101

105-67-9

Phenol, 2,4-dimethyl-

U052

1319-77-3

Phenol, methyl-

U132

70-30-4

Phenol, 2,2'-methylenebis[3,4,6-trichloro-

U411

114‑26‑1

Phenol, 2‑(1‑methylethoxy)‑, methylcarbamate

U170

100-02-7

Phenol, 4-nitro-

See F027

87-86-5

Phenol, pentachloro-

See F027

58-90-2

Phenol, 2,3,4,6-tetrachloro-

See F027

95-95-4

Phenol, 2,4,5-trichloro-

See F027

88-06-2

Phenol, 2,4,6-trichloro-

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U145

7446-27-7

Phosphoric acid, lead(2+) salt (2:3)

U087

3288-58-2

Phosphorodithioic acid, O,O-diethyl S-methyl ester

U189

1314-80-3

Phosphorous sulfide (R)

U190

85-44-9

Phthalic anhydride

U191

109-06-8

2-Picoline

U179

100-75-4

Piperidine, 1-nitroso-

U192

23950-58-5

Pronamide

U194

107-10-8

1-Propanamine (I,T)

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-

U110

142-84-7

1-Propanamine, N-propyl- (I)

U066

96-12-8

Propane, 1,2-dibromo-3-chloro-

U083

78-87-5

Propane, 1,2-dichloro-

U149

109-77-3

Propanedinitrile

U171

79-46-9

Propane, 2-nitro- (I,T)

U027

108-60-1

Propane, 2,2'-oxybis[2-chloro-

U193

1120-71-4

1,3-Propane sultone

See F027

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1)

U140

78-83-1

1-Propanol, 2-methyl- (I,T)

U002

67-64-1

2-Propanone (I)

U007

79-06-1

2-Propenamide

U084

542-75-6

1-Propene, 1,3-dichloro-

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

U009

107-13-1

2-Propenenitrile

U152

126-98-7

2-Propenenitrile, 2-methyl- (I,T)

U008

79-10-7

2-Propenoic acid (I)

U113

140-88-5

2-Propenoic acid, ethyl ester (I)

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester (I,T)

U373

122‑42‑9

Propham

U411

114‑26‑1

Propoxur

U387

52888-80-9

Prosulfocarb

U194

107-10-8

n-Propylamine (I,T)

U083

78-87-5

Propylene dichloride

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-

U196

110-86-1

Pyridine

U191

109-06-8

Pyridine, 2-methyl-

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl) amino]-

U164

56-04-2

4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo-

U180

930-55-2

Pyrrolidine, 1-nitroso-

U200

50-55-5

Reserpine

U201

108-46-3

Resorcinol

U203

94-59-7

Safrole

U204

7783-00-8

Selenious acid

U204

7783-00-8

Selenium dioxide

U205

7488-56-4

Selenium sulfide

U205

7488-56-4

Selenium sulfide SeS2 (R,T)

U015

115-02-6

L-Serine, diazoacetate (ester)

See F027

93-72-1

Silvex (2,4,5-TP)

U206

18883-66-4

Streptozotocin

U103

77-78-1

Sulfuric acid, dimethyl ester

U189

1314-80-3

Sulfur phosphide (R)

See F027

93-76-5

2,4,5-T

U207

95-94-3

1,2,4,5-Tetrachlorobenzene

U208

630-20-6

1,1,1,2-Tetrachloroethane

U209

79-34-5

1,1,2,2-Tetrachloroethane

U210

127-18-4

Tetrachloroethylene

See F027

58-90-2

2,3,4,6-Tetrachlorophenol

U213

109-99-9

Tetrahydrofuran (I)

U214

563-68-8

Thallium(I) acetate

U215

6533-73-9

Thallium(I) carbonate

U216

7791-12-0

Thallium(I) chloride

U216

7791-12-0

Thallium chloride TlCl

U217

10102-45-1

Thallium(I) nitrate

U218

62-55-5

Thioacetamide

U410

59669‑26‑0

Thiodicarb

U153

74-93-1

Thiomethanol (I,T)

U244

137-26-8

Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-

U409

23564‑05‑8

Thiophanate‑methyl

U219

62-56-6

Thiourea

U244

137-26-8

Thiram

U220

108-88-3

Toluene

U221

25376-45-8

Toluenediamine

U223

26471-62-5

Toluene diisocyanate (R,T)

U328

95-53-4

o-Toluidine

U353

106-49-0

p-Toluidine

U222

636-21-5

o-Toluidine hydrochloride

U389

2303‑17‑5

Triallate

U011

61-82-5

1H-1,2,4-Triazol-3-amine

U226

71-55-6

1,1,1-Trichloroethane

U227

79-00-5

1,1,2-Trichloroethane

U228

79-01-6

Trichloroethylene

U121

75-69-4

Trichloromonofluoromethane

See F027

95-95-4

2,4,5-Trichlorophenol

See F027

88-06-2

2,4,6-Trichlorophenol

U404

121‑44‑8

Triethylamine

U234

99-35-4

1,3,5-Trinitrobenzene (R,T)

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-

U235

126-72-7

Tris(2,3-dibromopropyl) phosphate

U236

72-57-1

Trypan blue

U237

66-75-1

Uracil mustard

U176

759-73-9

Urea, N-ethyl-N-nitroso-

U177

684-93-5

Urea, N-methyl-N-nitroso-

U043

75-01-4

Vinyl chloride

U248

181-81-2

Warfarin, & salts, when present at concentrations of 0.3% or less

U239

1330-20-7

Xylene (I)

U200

50-55-5

Yohimban-16-carboxylic acid,11,17-dimethoxy -18-[(3,4,5-trimethoxybenzoyl)oxy]-,methyl ester,(3beta,16beta,17alpha,18beta,20alpha)-

U249

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations of 10% or less

 

          (c)  In Table 4.3, the superscript number “1” shall indicate that the chemical abstracts number is given for the parent compound only.

 

          (d)  New Hampshire-listed toxic wastes shall be as listed in Table 4.4 below:

 

Table 4.4 New Hampshire Toxic Wastes

 

NH Hazardous Waste Number

Hazardous Waste

NH12 to NH50

Reserved

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17

 

          Env-Hw 402.06  Generic Industrial Process Wastes.

 

          (a)  EPA-listed generic industrial process wastes shall be as listed in Table 4.5 below:

 

Table 4.5 EPA Generic Industrial Process Wastes

 

Industry and EPA

Hazardous Waste

Number

Hazardous Waste

Hazard

Code

Generic:

F001

The following spent halogenated solvents used in degreasing:

 

Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents:

 

Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2- trichloroethane; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F003

The following spent non-halogenated solvents:

 

Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of 10 percent or more, by volume, of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I), subject to (b), below

F004

The following spent non-halogenated solvents:

 

Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents:

 

Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of 10 percent or more, by volume, of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I,T)

F006

Wastewater treatment sludges from common and precious metals electroplating, anodizing, chemical etching and milling, bright dipping, electropolishing, electrochemical machining, and cleaning and stripping when associated with these processes,  except as follows:

 

(1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.  Wastewater treatment sludges from chemical conversion coating or electroless plating are not included in the F006 listing.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R,T)

F008

Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process.

(R,T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R,T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R,T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R,T)

F012

Quenching wastewater treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum.  Chemical conversion coating processes are coloring, chromating, phosphating, and immersion plating.  The F019 listing does not include wastewater treatment sludges from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process.  Subject to the definitions and requirements of 40 CFR 261.31(b)(4), wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process are not included in the F019 listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are disposed of in: an out-of-state solid waste municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; an out-of-state landfill unit subject to, or otherwise meeting, the landfill requirements in 40 CFR 258.40, 40 CFR 264.301 or 40 CFR 265.301; or a New Hampshire landfill that is permitted to accept the waste under RSA 149-M or is regulated under Env-Hw 707 or Env-Hw 708.

(T)

F020

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. Wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol are not included in the F020 listing.

(H)

F021

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of pentachlorophenol, or of intermediates used to produce its derivatives.

(H)

F022

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hexachlorobenzenes under alkaline conditions.

(H)

F023

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the production or manufacturing use as a reactant, chemical intermediate, or component in a formulating process, of tri- and tetrachlorophenols.  Wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol are not included in the F023 listing.

(H)

F024

Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes.  These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution.  This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in Env-Hw 402.06 and 402.07.

(T)

F025

Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes.  These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from 1 to and including 5, with varying amounts and positions of chlorine substitution.

(T)

F026

Wastes, except wastewater and spent carbon from hydrogen chloride purification, from the production of materials on equipment previously used for the manufacturing use, as a reactant, chemical intermediate, or component in a formulating process, of tetra-, penta-, or hexachlorobenzene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols.  Formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component are not included in the F027 listing.

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027.

(T)

F032

Except as provided in 40 CFR 261.35, wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations, except wastewaters that have not come into contact with process contaminants, and except potentially cross-contaminated wastes that either have had the F032 EPA hazardous waste number deleted in accordance with 40 CFR 261.35, or that are otherwise currently regulated as F034 or F035 hazardous wastes, provided the generator does not resume or initiate use of chlorophenolic formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F034

Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations, except wastewaters that have not come into contact with process contaminants. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F035

Wastewaters, process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium, except wastewaters that have not come into contact with process contaminants. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

F037

Petroleum refinery primary oil/water/solids separation sludge as specified in 40 CFR 261.31(a), (b)(1), (b)(2) and (b)(3)(i).

(T)

F038

Petroleum refinery secondary (emulsified) oil/water/solids separation sludge as specified in 40 CFR 261.31(a), (b)(1), (b)(2) and (b)(3)(ii).

(T)

F039

Leachate resulting from the land disposal of more than one restricted waste classified as hazardous under Env-Hw 400.  Leachate resulting from the disposal of one or more of the following EPA hazardous wastes and no other hazardous wastes retains its EPA hazardous waste numbers and is not included in the F039 listing: F020, F021, F022, F026, F027, and/or F028.

(T)

 

          (b)  The hazard codes (I, T) shall be used to specify mixtures of F003 with F001, F002, F004, and F005 wastes, which would then contain ignitable and toxic constituents.

 

          (c)  New Hampshire-listed generic process wastes shall be as listed in Table 4.6 below:

 

Table 4.6 New Hampshire Generic Industrial Process Wastes

 

NH Hazardous Waste Number

Hazardous Waste

Hazard Code

NH01

Used Oil

(T)

NH51 to NH74

Reserved

 

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; amd by #12922, eff 11-23-19

 

          Env-Hw 402.07  Specific Industrial Process Wastes.

 

          (a)  EPA-listed specific industrial process wastes shall be as listed in Table 4.7 below:

 

Table 4.7  EPA Specific Industrial Process Wastes

 

Industry and EPA Hazardous Waste Number

Hazardous Waste

Hazard

Code

Wood Preservation:

K001

Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

Inorganic Pigments:

 

K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

(T)

K003

Wastewater treatment sludge from the production of molybdate orange pigments.

(T)

K004

Wastewater treatment sludge from the production of zinc yellow pigments.

(T)

K005

Wastewater treatment sludge from the production of chrome green pigments.

(T)

K006

Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).

(T)

K007

Wastewater treatment sludge from the production of iron blue pigments.

(T)

K008

Oven residue from the production of chrome oxide green pigments.

(T)

Organic Chemicals:

K009

Distillation bottoms from the production of acetaldehyde from ethylene.

(T)

K010

Distillation side cuts from the production of acetaldehyde from ethylene.

(T)

K011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

(R,T)

K013

Bottom stream from the acetonitrile column in the production of acrylonitrile.

(R,T)

K014

Bottoms from the acetonitrile purification column in the production of acrylonitrile.

(T)

K015

Still bottoms from the distillation of benzyl chloride.

(T)

K016

Heavy ends or distillation residues from the production of carbon tetrachloride.

(T)

K017

Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.

(T)

K018

Heavy ends from the fractionation column in ethyl chloride production.

(T)

K019

Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.

(T)

K020

Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.

(T)

K021

Aqueous spent antimony catalyst waste from fluoromethanes production.

(T)

K022

Distillation bottom tars from the production of phenol/acetone from cumene.

(T)

K023

Distillation light ends from the production of phthalic anhydride from napthalene.

(T)

K024

Distillation bottoms from the production of phthalic anhydride from naphthalene.

(T)

K025

Distillation bottoms from the production of nitrobenzene by the nitration of benzene.

(T)

K026

Stripping still tails from the production of methyl ethyl pyridines.

(T)

K027

Centrifuge and distillation residues from toluene diisocyanate production.

(R,T)

K028

Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.

(T)

K029

Waste from the product steam stripper in the production of 1,1,1-trichloroethane.

(T)

K030

Column bottoms or heavy ends from the combined production for trichloroethylene and perchloroethylene.

(T)

K083

Distillation bottoms from aniline production.

(T)

K085

Distillation or fractionation column bottoms from the production of chlorobenzenes.

(T)

K093

Distillation light ends from the production of phthalic anhydride from ortho-xylene.

(T)

K094

Distillation bottoms from the production of phthalic anhydride from ortho-xylene.

(T)

K095

Distillation bottoms from the production of 1,1,1-trichloroethane.

(T)

K096

Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane

(T)

K103

Process residues from aniline extraction from the production of aniline.

(T)

K104

Combined wastewater streams generated from nitrobenzene/ aniline production.

(T)

K105

Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes.

(T)

K107

Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(C,T)

K108

Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1- dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(I,T)

K109

Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K110

Condensed column overheads from immediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K111

Product washwaters from the production of dinitrotoluene via nitration of toluene.

(C,T)

K112

Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K114

Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K115

Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.

(T)

K117

Wastewater from the reactor vent gas scrubber in production of ethylene dibromide via bromination of ethene.

(T)

K118

Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K136

Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K149

Distillation bottoms from the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.  This waste does not include still bottoms from the distillation of benzyl chloride.

(T)

K150

Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K151

Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- or methyl- chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K156

Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K157

Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K158

Baghouse dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.

(T)

K159

Organics from the treatment of thiocarbamate wastes.

(T)

K161

Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts.  This listing does not include K125 or K126 wastes.

(R,T)

K174

Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer, including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater, unless the sludges meet the conditions specified in 40 CFR 261.32(a).

(T)

K175

Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.

(T)

K181

Nonwastewaters from the production of dyes and/or pigments, including nonwastewaters commingled at the point of generation with nonwastewaters from other processes, that meet the listing description for K181 as provided in 40 CFR 261.32(a) through (d).

(T)

Inorganic Chemicals:

K071

Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.

(T)

K073

Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite.

(T)

K106

Wastewater treatment sludge from the mercury cell process in chlorine production.

(T)

K176

Baghouse filters from the production of antimony oxide, including filters from the production of intermediates such as antimony metal or crude antimony oxide.

(E)

K177

Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates such as antimony metal or crude antimony oxide.

(T)

K178

Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.

(T)

Pesticides:

K031

By-product salts generated in the production of MSMA and cacodylic acid.

(T)

K032

Wastewater treatment sludge from the production of chlordane.

(T)

K033

Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachlorocyclo-pentadiene in the production of chlordane.

(T)

K035

Wastewater treatment sludges generated in the production of creosote.

(T)

K036

Still bottoms from toluene reclamation distillation in the production of disulfoton.

(T)

K037

Wastewater treatment sludges from the production of disulfoton.

(T)

K038

Wastewater from the washing and stripping of phorate production.

(T)

K039

Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.

(T)

K040

Wastewater treatment sludge from the production of phorate.

(T)

K041

Wastewater treatment sludge from the production of toxaphene.

(T)

K042

Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.

(T)

K043

2,6-Dichlorophenol waste from the production of 2,4-D

(T)

K097

Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.

(T)

K098

Untreated process wastewater from the production of toxaphene.

(T)

K099

Untreated wastewater from the production of 2,4-D

(T)

K123

Process wastewater, including supernates, filtrates and washwaters, from the production of ethylenebisdithiocarbamic acid and its salt.

(T)

K124

Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.

(C,T)

K125

Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.

(T)

K126

Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.

(T)

K131

Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.

(C,T)

K132

Spent absorbent and wastewater separator solids from the production of methyl bromide.

(T)

Explosives:

K044

Wastewater treatment sludges from the manufacturing processing of explosives.

(R)

K045

Spent carbon from the treatment of wastewater containing explosives.

(R)

K046

Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.

(T)

K047

Pink/red water from TNT operations.

(R)

Petroleum Refining:

K048

Dissolved air flotation (DAF) float from the petroleum refining industry.

(T)

K049

Slop oil emulsion solids from the petroleum refining industry.

(T)

K050

Heat exchanger bundle cleaning sludge from the petroleum refining industry.

(T)

K051

API separator sludge from the petroleum refining industry.

(T)

K052

Tank bottoms (leaded) from the petroleum refining industry.

(T)

K169

Crude oil storage tank sediment from petroleum refining operations.

(T)

K170

Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations.

(T)

K171

Spent hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors.  This listing does not include inert support media.

(I,T)

K172

Spent hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors.  This listing does not include inert support media.

(I,T)

Iron and Steel:

K061

Emission control dust/sludge from the primary production of steel in electric furnaces.

(T)

K062

Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC codes 331 and 332).

(C,T)

Primary aluminum:

K088

Spent potliners from primary aluminum reduction.

(T)

Secondary Lead:

K069

Emission control dust/sludge from secondary lead smelting.

(T)

K100

Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.

(T)

Veterinary Pharmaceuticals:

K084

Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K101

Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K102

Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

Ink Formulation:

K086

Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.

(T)

Coking:

K060

Ammonia still lime sludge from coking operations.

(T)

K087

Decanter tank tar sludge from coking operations.

(T)

K141

Process residues from the recovery of coal tar, including but not limited to, collecting sump residues from the production of coke from coal tar or the recovery of coke by-products produced from coal.  This listing does not include K087 (decanter tank tar sludges from coking operations).

(T)

K142

Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.

(T)

K143

Process residues from the recovery of light oil, including but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.

(T)

K144

Wastewater sump residues from light oil refining, including but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.

(T)

K145

Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.

(T)

K147

Tar storage tank residues from coal tar refining.

(T)

K148

Residues from coal tar distillation, including but not limited to, still bottoms.

(T)

 

          (b)  New Hampshire specific industrial process wastes shall be as listed in Table 4.8 below:

 

Table 4.8 New Hampshire Specific Industrial Process Wastes

 

NH Hazardous Waste Number

Hazardous Waste

NH75 to NH97

Reserved

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff
8-14-17

 

PART Env-Hw 403  CHARACTERISTIC HAZARDOUS WASTES

 

          Env-Hw 403.01  Characteristic Hazardous Wastes.

 

          (a)  A waste shall be a characteristic hazardous waste if it exhibits any of the characteristics identified in Env-Hw 403.03 through Env-Hw 403.06.

 

          (b)  For purposes of Env-Hw 403 and Env-Hw 405.03, a sample of waste obtained using a sampling method appropriate for the waste, as specified in 40 CFR 261 Appendix I, shall be a representative sample as defined in Env-Hw 104.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff
8-14-17

 

          Env-Hw 403.02  Hazardous Waste Numbers.

 

          (a)  Characteristic hazardous wastes shall be assigned the EPA hazardous waste numbers and NH hazardous waste number as set forth in Env-Hw 403.03 through Env-Hw 403.06.

 

          (b)  Every applicable EPA and NH hazardous waste number assigned to each hazardous waste characteristic shall be used in complying with the notification, labeling, manifest and recordkeeping and reporting requirements of Env-Hw 500 through Env-Hw 800.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 403.03  Ignitability.

 

          (a)  A waste that exhibits the characteristic of ignitability shall be assigned the EPA hazardous waste number of D001.

 

          (b)  A waste shall be classified under these rules as ignitable if a representative sample of the waste has any of the following characteristics:

 

(1)  It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume, and has a flash point less than 60°C (140°F) as determined by:

 

a.  A Pensky-Martens Closed Cup Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80, available as noted in Appendix B;

 

b.  A Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D-3278-78, available as noted in Appendix B; or

 

c.  An equivalent test method approved by the administrator of EPA pursuant to 40 CFR 260.20 and 40 CFR 260.21;

 

(2)  It is not a liquid and is capable, under standard temperatures and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, it burns so vigorously and persistently that it creates a hazard;

 

(3)  It is an ignitable compressed gas as specified in 40 CFR 261.21(a)(3); or

 

(4)  It is an oxidizer as specified in 40 CFR 261.21(a)(4).

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346,
eff 8-14-17; ss by #12922, eff 11-23-19

 

          Env-Hw 403.04  Corrosivity.

 

          (a)  A waste that exhibits the characteristic of corrosivity shall be assigned the EPA hazardous waste number of D002 if it meets the criteria set forth in (b)(1) or (2), below, and the NH hazardous waste number of NH02 if it meets the criteria set forth in (b)(3), below.

 

          (b)  A waste shall be classified under these rules as corrosive if a representative sample has any of the following characteristics:

 

(1)  It is aqueous and has a pH of less than or equal to 2, or greater than or equal to 12.5, as determined by a pH meter using either method 9040 in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, or an equivalent test method approved by the administrator of EPA under the procedures set forth in 40 CFR 260.20 and 40 CFR 260.21;

 

(2)  It is a liquid and corrodes steel (SAE 1020) at a rate of greater than 6.35 mm or 0.250 inch per year at a test temperature of 55°C (130°F) as determined by method 1110A in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, or an equivalent test method approved by the administrator of EPA under the procedures set forth in 40 CFR 260.20 and 40 CFR 260.21; or

 

(3)  It is a non-aqueous waste that when mixed 50% by weight with distilled water, or a gaseous material that when mixed with distilled water to form a 2 molar solution, yields a pH less than or
equal to 2 or greater than or equal to 12.5 as measured with a pH meter using the protocol specified in method 9045D of EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17

 

        Env-Hw 403.05  Reactivity.

 

        (a)  A waste that exhibits the characteristic of reactivity shall be assigned the EPA hazardous waste number of D003.

 

        (b)  A waste shall be considered reactive if a representative sample has any of the following characteristics:

 

(1)  It is unstable and readily undergoes violent change without detonation under standard conditions of temperature and pressure;

 

(2)  It reacts violently with water or air;

 

(3)  It forms potentially explosive mixtures with water or air;

 

(4)  If mixed with water or exposed to air, it generates toxic gases, fumes, or vapors in a quantity sufficient to present a danger to human health or the environment;

 

(5)  It is a cyanide or sulfide-bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, fumes, or vapors in a quantity sufficient to present a danger to human health or the environment;

 

(6)  It is capable of detonation or explosive reaction if it is subjected to an initiating force, or if heated in confinement;

 

(7)  It is capable of detonation or an explosive decomposition or reaction at standard temperature and pressure; or

 

(8)  It is a forbidden explosive as defined in 49 CFR 173.54, or a division 1.1, 1.2, or 1.3 explosive as defined in 49 CFR 173.50 and 49 CFR 173.53.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17; ss by #13406, eff 7-23-22

 

          Env-Hw 403.06  Toxicity Characteristic.

 

          (a)  A waste shall be considered to exhibit the characteristic of toxicity if, using the toxicity characteristic leaching procedure, test method 1311 in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, the extract from a representative sample of the waste contains any of the contaminants listed in (d), below, at a concentration equal to or greater than the respective value in that table.

 

          (b)  Where the waste contains less than 0.5 percent filterable solids, the waste, by itself, after filtering, shall be considered to be the extract.

 

          (c)  A waste that exhibits the characteristic of toxicity shall be assigned the EPA hazardous waste numbers specified in (d), below, which correspond to the toxic contaminants causing it to be hazardous.

 

          (d)  Contaminants, EPA hazardous waste numbers, and maximum allowable concentrations shall be as listed in Table 4.9 below:

 

Table 4.9 Maximum Concentration of Contaminants for the Toxicity Characteristic

 

EPA Hazardous Waste Number

Contaminant

Chemical Abstract Number

Regulatory Level (milligrams per liter)

D004

Arsenic

7440-38-2

5.0

D005

Barium

7440-39-3

100.0

D018

Benzene

71-43-2

0.5

D006

Cadmium

7440-43-9

1.0

D019

Carbon tetrachloride

56-23-5

0.5

D020

Chlordane

57-74-9

0.03

D021

Chlorobenzene

108-90-7

100.0

D022

Chloroform

67-66-3

6.0

D007

Chromium

7440-47-3

5.0

D023

o-Cresol

95-48-7

200.0

D024

m-Cresol

108-39-4

200.0

D025

p-Cresol

106-44-5

200.0

D026

Cresol

............

200.0

D016

2,4-D

94-75-7

10.0

D027

1,4-Dichlorobenzene

106-46-7

7.5

D028

1,2-Dichloroethane

107-06-2

0.5

D029

1,1-Dichloroethylene

75-35-4

0.7

D030

2,4-Dinitrotoluene

121-14-2

0.13

D012

Endrin

72-20-8

0.02

D031

Heptachlor (and its epoxide)

76-44-8

0.008

D032

Hexachlorobenzene

118-74-1

0.13

D033

Hexachlorobutadiene

87-68-3

0.5

D034

Hexachloroethane

67-72-1

3.0

D008

Lead

7439-92-1

5.0

D013

Lindane

58-89-9

0.4

D009

Mercury

7439-97-6

0.2

D014

Methoxychlor

72-43-5

10.0

D035

Methyl ethyl ketone

78-93-3

200.0

D036

Nitrobenzene

98-95-3

2.0

D037

Pentachlorophenol

87-86-5

100.0

D038

Pyridine

110-86-1

5.0

D010

Selenium

7782-49-2

1.0

D011

Silver

7440-22-4

5.0

D039

Tetrachloroethylene

127-18-4

0.7

D015

Toxaphene

8001-35-2

0.5

D040

Trichloroethylene

79-01-6

0.5

D041

2,4,5-Trichlorophenol

95-95-4

400.0

D042

2,4,6-Trichlorophenol

88-06-2

2.0

D017

2,4,5-TP (Silvex)

93-72-1

1.0

D043

Vinyl chloride

75-01-4

0.2

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

PART Env-Hw 404  OTHER HAZARDOUS WASTES

 

          Env-Hw 404.01  Hazardous Waste Mixtures.  Mixing, neutralizing, diluting, or otherwise treating any hazardous waste or other material regulated under Env-Hw 400 shall constitute hazardous waste treatment.  Any such treatment shall comply with all permit requirements and facility standards.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12346, eff 8-14-17

 

          Env-Hw 404.02  Spill Residues and Contaminated Soil, Water, and Debris.  Any residue or contaminated soil, water, or other debris resulting from the spill or cleanup of a spill into or on any land or water of any hazardous waste or any material listed in Env-Hw 402 shall be regulated as a hazardous waste mixture in accordance with Env-Hw 401.01(b)(2).

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 404.03  Treatment, Storage, or Disposal Residues.

 

          (a)  All waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate, including precipitation run-off that exhibits a hazardous characteristic, shall be regulated as a hazardous waste except as provided by Env-Hw 401.03(b)(16), Env-Hw 401.03(b)(30) - (b)(34), or Env-Hw 401.03(f).

 

          (b)  Materials that are reclaimed from wastes and that are used beneficially shall not be wastes and so shall not be considered hazardous wastes unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12346, eff
8-14-17

 

          Env-Hw 404.04  Hazardous Waste Residues in Empty Containers.

 

          (a)  Hazardous waste residue remaining in either an empty container or an inner liner removed from an empty container, as described in Env-Hw 401.03(d), shall not be subject to regulation under the hazardous waste rules, provided that the residue is not mixed with any other material and remains in its original container or inner liner.

 

          (b)  Any hazardous waste residue or mixture of residue with other material that leaves the confines of a container after the container has been determined to be empty in accordance with Env-Hw 401.03(d), including wash waters, solvents, and other materials generated in the process of cleaning and purging, shall be subject to regulation under Env-Hw 401.01(b) as a hazardous waste mixture.

 

Source.  #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

PART Env-Hw 405  LISTING AND IDENTIFYING ADDITIONAL HAZARDOUS WASTES

 

          Env-Hw 405.01  Procedure for Listing New Hampshire-Listed Wastes.

 

          (a)  The department shall list a waste as a New Hampshire-listed hazardous waste in Env-Hw 402.04 or Env-Hw 402.05 if the department determines, on its own initiative or based on a showing by the public or industry, that the waste meets the criteria set forth in Env-Hw 405.02.

 

          (b)  If the department determines that a waste should be listed, the department shall undertake a rulemaking as specified in RSA 541-A to modify the appropriate rule in this chapter.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 405.02  Criteria for Listing a Hazardous Waste.

 

          (a)  The department shall list a waste as a New Hampshire acutely hazardous waste in Env-Hw 402.04(d) only upon determining that the waste meets one of the following criteria:

 

(1)  It has been found to be fatal to humans in low doses;

 

(2)  In the absence of data on human toxicity, it has been shown in studies to have:

 

a.  An oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram;

 

b.  An inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter; or

 

c.  A dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram; or

 

(3)  Is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness.

 

          (b)  The department shall list a waste as a New Hampshire toxic hazardous waste in Env-Hw 402.05(d) if the waste contains any of the toxic constituents listed in 40 CFR 261 Appendix VIII and, after considering the following factors, the department concludes that the waste could pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:

 

(1)  The nature of the toxicity presented by the constituent;

 

(2)  The concentration of the constituent in the waste;

 

(3)  The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in (b)(7), below;

 

(4)  The persistence of the constituent or any toxic degradation product of the constituent;

 

(5)  The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation;

 

(6) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;

 

(7)  The plausible types of improper management to which the waste could be subjected;

 

(8)  The quantities of the waste generated at individual generation sites or on a regional or national basis;

 

(9)  The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;

 

(10)  Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and

 

(11)  Such other factors relevant to the determination as brought to the department's attention by any person or agency.

 

          (c)  The department shall list classes or types of waste as hazardous waste if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in RSA 147-A:2, VII.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400); ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 405.03  Criteria for Identifying Characteristic Wastes.  The department shall identify and define a characteristic of hazardous waste only upon determining that:

 

          (a)  A waste that exhibits the characteristic 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 hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and

 

          (b)  The characteristic can be:

 

(1)  Measured by an available standardized test method that is within the capability of generators of waste or private sector laboratories that are available to serve generators of waste; or

 

(2)  Detected by generators of waste through their knowledge of their waste.

 

Source.  #5886, eff 8-26-95; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

PART Env-Hw 406  DELISTING HAZARDOUS WASTES

 

          Env-Hw 406.01  Requests for Delisting.

 

          (a)  Any person may petition the department to delist a hazardous waste generated at a particular facility if:

 

(1)  The waste is listed in Env-Hw 402.04(d), Env-Hw 402.05(d), Env-Hw 402.06(c), or Env-Hw 402.07(b); or

 

(2)  The waste is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or Env-Hw 402.07(a), and EPA has excluded the waste generated at the facility pursuant to 40 CFR 260.20 and 40 CFR 260.22 and listed it in 40 CFR 261 Appendix IX.

 

          (b)  A delisting petition shall only apply to a hazardous waste generated at the individual facility named in the petition.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 406.02  Requirements for a Delisting Petition.

 

          (a)  To request a delisting, the petitioner shall provide the following information to the department:

 

(1)  The petitioner's name and address;

 

(2)  The location of the facility generating the waste for which the delisting is requested, along with a plot plan identifying the facility and surrounding properties located within 1,000 feet of the facility;

 

(3)  A statement of the delisting action requested;

 

(4)  A statement of the petitioner's interest in the delisting action requested;

 

(5)  A statement of the petitioner's need and justification for the delisting action requested;

 

(6)  A description of the waste for which the delisting is requested including a statement as to which category of waste in Env-Hw 402.01 it may be classified;

 

(7)  An estimate of the average and the maximum quantities of the waste for which the delisting is requested generated monthly and annually;

 

(8)  A description and flow diagram of the process generating the waste for which delisting is requested;

 

(9)  A list, description, and schematic diagram for each process that may contribute waste, wastewater, or rinse water to the waste for which delisting is requested;

 

(10)  A complete list of all raw materials, and, where known, intermediates, by-products, and products used in the manufacturing process grouped by sub-process;

 

(11)  Copies of manufacturer's material safety data sheets and supplier's technical specification sheets for all materials including but not limited to solvents, acid cleaners, surface preparation agents, and paints used in the petitioner's manufacturing processes;

 

(12)  An assessment of whether the manufacturing processes, facility operations, or feed materials can or might produce a waste that is not covered by the petition;

 

(13)  A description of all tests performed on the waste for which delisting is requested and copies of all analytical results;

 

(14)  A description of the methodologies and equipment used to obtain representative samples of the waste;

 

(15)  A description of sample handling and preparation techniques, including those for extraction, containerization, and preservation of samples;

 

(16)  Sampling and testing dates;

 

(17)  The name and address of laboratory facilities sampling or testing the wastes for which delisting is requested;

 

(18)  The names and qualifications of those doing the sampling and/or testing of the waste for which delisting is requested;

 

(19)  The names, model numbers, year of manufacture, and last date of calibration of all instruments used in performing the tests referred to in (a)(13), above; and

 

(20)  A plan for treatment, storage, or disposal of the delisted waste if delisting of the waste is to be permitted by the department.

 

          (b)  The petitioner shall:

 

(1)  Collect a sufficient number of representative samples, but in no case fewer than 4, over a period of time sufficient to represent the variability and the uniformity of the waste;

 

(2)  Provide a signed statement certifying, as specified in Env-Hw 207, that the number of samples collected and analyzed is representative of any variation in constituent concentrations in the waste over time; and

 

(3) A statement, signed by the generator of the waste or the generator’s authorized representative, certifying, as specified in Env-Hw 207, the information submitted in accordance with (a), above.

 

          (c)  If hazardous waste constituents listed in Table 4.9 of Env-Hw 403, other than those for which delisting is requested, might be present in the waste stream, the petitioner shall:

 

(1)  Analyze the representative samples of the waste stream to quantify all hazardous waste constituents in the waste stream; and 

 

(2)  Submit a description and the results of all analyses performed to the department.

 

          (d)  The petitioner shall perform the following tests on representative samples of the waste and include the analytical results of such tests with the petition:

 

(1)  Total organic carbon and report results on the representative samples using Method 415.1 - Total Organic Carbon (Combustion or Oxidation) of Methods for Chemical Analysis of Water and Wastes as printed by the U.S. Environmental Protection Agency, March 1979, available as noted in Appendix B;

 

(2)  For wastes containing or generated by processes using cyanide:

 

a.  If a liquid waste, total and free cyanide or cyanide amenable to chlorination using method 9010C in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B;

 

b.  If a solid or semi-solid waste, a cyanide extraction procedure from EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, to determine the total soluble and insoluble cyanide; and

 

c.  If the cyanide tests run in a. and b., above, indicate that there is an interference in the waste producing non-representative concentrations, then a detailed explanation of this interference shall be submitted;

 

(3)  If an organic waste, the total quantities of all hazardous constituents using methods 8260 and 8270 in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B; and

 

(4)  If a reactive waste, representative waste samples shall be tested using the Department of the Army’s Detonation Test, Ignition and Unconfined Burning Test, Thermal Stability Test, Card Gap Test, and Impact Sensitivity Test as set forth in Department of Army publication number TB700-2, available as noted in Appendix B.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 406.03  Review of Petition for Delisting.

 

          (a)  Subject to Env-Hw 406.04 through Env-Hw 406.07, below, the department shall grant a delisting if:

 

(1)  The petition includes all of the information in Env-Hw 406.02;

 

(2)  The requirements in (b), below, are met; and

 

(3)  None of the circumstances in (c), below, exist.

 

          (b)  To support a delisting, the petition shall demonstrate the following:

 

(1)  The waste produced by a particular generating facility fails to meet any of the criteria under which the waste was listed as a hazardous waste;

 

(2)  Based on the factors set forth in 40 CFR 261.11(a)(3), the waste is not capable of posing a significant present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise mismanaged;

 

(3)  The waste for which delisting is requested is not ignitable, corrosive, reactive, or toxic, as described in Env-Hw 403;

 

(4)  The waste does not contain any of the hazardous waste constituents listed in Appendix VIII of 40 CFR 261, using the appropriate test methods prescribed in 40 CFR 261 Appendix I, or although containing one or more of the constituents in Appendix VII or Appendix VIII, that the waste does not meet the criteria of Env-Hw 405.02(b);

 

(5)  The waste does not meet the criteria of 40 CFR 261.11(a)(2); and

 

(6)  All test methods and procedures are in conformance with the procedures, methods, and requirements referenced in Env-Hw 406.02(b) through (d) and in 40 CFR 260.11 and 40 CFR Part 261, or with any other method approved by EPA prior to filing a petition for delisting.

 

          (c)  The department shall not grant a delisting if:

 

(1)  A 40 CFR Part 261 Appendix VIII toxicant is:

 

a.  Used as a raw material or intermediate;

 

b.  Used in the process as a catalyst, reactant, inhibitor, binder, or enhancer; or

 

c.  Produced as a by-product or product;

 

(2)  Analytical data presented in the petition discloses that hazardous levels of toxicants are contained in the waste;

 

(3)  Process chemistry of reactions conducted at the facility indicates the formation of toxic by-product contaminants;

 

(4)  Industry study data shows presence of other toxic constituents;

 

(5)  Other data collected through review of scientific, toxicological, and industrial literature or operational data collected by the department during an inspection indicates the presence of additional hazardous constituents;

 

(6)  The petitioner has a history of non-compliance; or

 

(7)  Other information brought to the department’s attention by any person or agency demonstrates that delisting would not be sufficiently protective of human health, safety, or the environment.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 406.04  Requests for Additional Information.

 

          (a)  If the department determines that the information required by Env-Hw 406.02(a) has been submitted but is insufficient for the department to determine whether the criteria in Env-Hw 406.03(b) have been met, the department shall notify the petitioner in writing of the additional information believed by the department to be necessary to evaluate the petition.

 

          (b)  The notice shall specify the information needed and the deadline for submitting the information, as determined based on the type and volume of information.

 

Source.  #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09; ss by #12346, eff 8-14-17

 

          Env-Hw 406.05  Denial of Petition for Delisting.  The department shall deny a petition if:

 

          (a)  The department determines that the requirements in Env-Hw 406.03(a) and (b) are not met;

 

          (b)  The department determines that any of the circumstances in Env-Hw 406.03(c) exist; or

 

          (c)  The petitioner fails to provide additional information requested by the department pursuant to Env-Hw 406.04.

 

Source.  #12346, eff 8-14-17

 

          Env-Hw 406.06  Conditional Delisting.

 

          (a)  The department shall grant a delisting with such conditions as are necessary to ensure that the requirements of Env-Hw 406.03 are met.

 

          (b)  Conditions shall be based on the need for the petitioner to demonstrate periodically that the delisted waste is being managed in such a way that it does not pose a present or potential threat to human health or the environment including:

 

(1)  Scheduled analytical testing on the delisted waste and reporting results;

 

(2)  Quality assurance/quality control monitoring of the processes producing the delisted waste and reporting results; and

 

(3)  For disposed wastes, design standards such as groundwater monitoring.

 

Source.  #12346, eff 8-14-17 (formerly Env-Hw 406.03)

 

          Env-Hw 406.07  Partial Delisting.  The department shall delist only part of the hazardous waste for which the petition is submitted if variability of the waste justifies this action.

 

Source.  #12346, eff 8-14-17 (formerly Env-Hw 406.04)

 


 

Appendix A:  State Statutes, Federal Regulations Implemented

 

Rule Section(s)

State Statute(s)

Federal Regulation(s)

Env-Hw 400

RSA 147-A:3, I, II, IV & VI

40 CFR 261

 

 

Appendix B: Incorporation By Reference Information

 

Rule

Title

Obtain at:

Env-Hw 401.02(b)(1);

Env-Hw 401.04;

Env-Hw 401.06(k);

Env-Hw 403.04(b)(1);

Env-Hw 403.04(b)(2);

Env-Hw 403.04(b)(3);

Env-Hw 403.06(a);

Env-Hw 406.02(d)(2)a.;

Env-Hw 406.02(d)(2)b.;

Env-Hw 406.02(d)(3)

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:

https://www.epa.gov/hw-sw846/sw-846-compendium

Env-Hw 401.06(a);

Env-Hw 403.03(b)(1)b.

“ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester,” ASTM Standard D-3278-78

IHS Markit

15 Inverness Way East

Englewood, CO 80112

(303) 397-7956; (800) 854-7179

https://global.ihs.com/doc_detail.cfm?item_s_key=00017442&item_key_date=211231&rid=GS

 

$75

Env-Hw 401.06(b);

Env-Hw 403.03(b)(1)a.

“ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester,” ASTM Standard D-93-79 or D-93-80

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/D93-80E1.htm

 

$65

Env-Hw 401.06(c)

“ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography,” ASTM Standard D-1946-82

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/D1946-82.htm

 

$54

Env-Hw 401.06(d)

“ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method),” ASTM Standard D-2382-83

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/D2382-83.htm

 

$61.20

Env-Hw 401.06(e)

“ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis,” ASTM Standard E-169-87

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/E169-87.htm

 

$54

Env-Hw 401.06(f)

“ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis,” ASTM Standard E 168-88

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/E168-88.htm

 

$61.20

Env-Hw 401.06(g)

“ASTM Standard Practice for Packed Column Gas Chromatography,” ASTM Standard E-260-85

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/E260-85.htm

 

$78

Env-Hw 401.06(h)

“ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography,” ASTM Standard D-2267-88

IHS Markit

15 Inverness Way East

Englewood, CO 80112

(303) 397-7956; (800) 854-7179

https://global.ihs.com/doc_detail.cfm?&item_s_key=00016453&item_key_date=110114&input_doc_number=D%2D2267%2D88&input_doc_title=

 

$56

Env-Hw 401.06(i)

“APTI Course 415: Control of Gaseous Emissions,” EPA Publication EPA-450/2-81-005, December 1981

National Technical Reports Library (NTRL)

National Technical Information Service (NTIS) 5285 Port Royal Rd

Springfield, VA  22161

(800) 553-NTIS [(800) 553-6847]

Free online at:

https://ntrl.ntis.gov/ntrl/login.xhtml

Env-Hw 401.06(j)

“Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981

National Fire Protection Association

1 Batterymarch Park

Quincy, MA  02269

(617) 770-3000

Free online at:

http://www.nfpa.org/Assets/files/AboutTheCodes/30/TCRF-1977-325M-30-395-329.pdf

Env-Hw 401.06(l)

“Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised,” October 1992, EPA Publication No. EPA-450/R-92-019

National Service Center for Environmental Publications (NSCEP)

U.S. Environmental Protection Agency

Research Triangle Park, NC 27711

(800) 490-9198

Free online at:

https://www3.epa.gov/scram001/guidance/guide/EPA-454R-92-019_OCR.pdf

Env-Hw 401.06(m)

“ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses of Metals,” ASTM Standard E926-88, Test Method C-Bomb, Acid Digestion Method

IHS Markit

15 Inverness Way East

Englewood, CO 80112

(303) 397-7956; (800) 854-7179

https://global.ihs.com/doc_detail.cfm?&rid=GS&item_s_key=00020439&item_key_date=110906&input_doc_number=E%2D926%2D88&input_doc_title=&origin=HISC

 

$56

Env-Hw 401.06(n)

API Publication 2517, Third Edition, February 1989, “Evaporative Loss from External Floating-Roof Tanks”

IHS Markit

15 Inverness Way East

Englewood, CO 80112

(303) 397-7956; (800) 854-7179

https://global.ihs.com/doc_detail.cfm?&input_search_filter=API&item_s_key=00010514&item_key_date=101231&input_doc_number=2517&input_doc_title=&org_code=API

 

$129

Env-Hw 401.06(o)

“ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope,” ASTM Standard D 2879-92

American Society for Testing and Materials

100 Barr Harbor Dr

West Conshohocken, PA 19428-2959

(877) 909-2786

https://www.astm.org/DATABASE.CART/HISTORICAL/D2879-92E1.htm

 

$54

Env-Hw 406.02(d)(1)

Method 415.1 - Total Organic Carbon (Combustion or Oxidation) of Methods for Chemical Analysis of Water and Wastes

US Environmental Protection Agency

William Jefferson Clinton Federal Building

1200 Pennsylvania Ave, NW

Washington, DC 20460

(202) 564-6830

Free online at:

http://www2.epa.gov/quality/total-organic-carbon-water-epa-method-4151-combustion-or-oxidation-epa-method-4152-uv

or:

http://www.caslab.com/EPA-Method-415_1/

Env-Hw 406.02(d)(4)

Department of the Army’s Detonation Test, Ignition and Unconfined Burning Test, Thermal Stability Test, Card Gap Test, and Impact Sensitivity Test as set forth in Department of Army publication number TB700-2

IHS Markit

15 Inverness Way East

Englewood, CO 80112

(303) 397-7956; (800) 854-7179

https://global.ihs.com/doc_detail.cfm?item_s_key=00561720&item_key_date=870501&rid=GS

 

$56

 

 

 

 

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