CHAPTER Env-Hw
100 ORGANIZATIONAL RULES
Statutory
Authority: RSA 147-A:3
REVISION NOTE #1:
Document #9360, effective 1-28-09,
readopted with amendments and renumbered as Chapter Env-Hw 100 those rules in
former Part Env-Wm 101 and Part Env-Wm 110 that had contained organizational
rules on management of hazardous waste, including definitions. The redesignation from subtitle Env-Wm to
Env-Hw was done pursuant to a rules reorganization plan for Department rules
approved by the Director of the Office of Legislative Services on 9-7-05. Document #9360 replaced all prior filings for
hazardous waste rules formerly in Chapter Env-Wm 100.
The prior filings for the former rules
in Env-Wm 100 containing organizational rules on management of hazardous waste
included the following documents:
#5053, eff 1-24-91
#5886, eff 8-26-94
#6384-A, eff 11-26-96
#6385-A, eff 11-26-96
#7194, eff 1-27-00
#7207-A, eff 2-26-00
#7317, eff 7-7-00
#7576, eff 10-13-01
#8460-A, eff 10-28-05
#8713, INTERIM, eff 9-5-06
#8789, eff 1-5-07
REVISION NOTE #2:
Document #10204, effective 10-19-12,
was the next filing after Document #9360 that affected rules in Chapter Env-Hw
100. Document #10204 adopted Env-Hw
103.67 defining “Household waste” and Env-Hw 104.26 defining “Pharmaceutical.” Document #10204 also readopted with
amendments Env-Hw 103.57 defining “Full quantity generator (FQG)” and Env-Hw
104.74 defining “Used oil”. Document
#10204 also readopted with amendments Env-Hw 104.42 defining “Small quantity
generator (SQG)” and Env-Hw 104.44 defining “Spent material”, and renumbered
the rules as Env-Hw 104.43 and Env-Hw 104.44 respectively. Document #10204 also renumbered other
existing definitions in Part Env-Hw 104.
Document #12343, effective 8-14-17,
was the next filing after Document #10204 that affected rules in Chapter Env-Hw
100. Document #12343 adopted, readopted,
readopted with amendments, or repealed the rules in Chapter Env-Hw 100. Document #12343 replaced all prior filings of
the rules in the former Chapter Env-Hw 100.
The adoption and repeal of various
rules by Document #12343 caused extensive renumbering of existing rules within
the chapter. The new rules adopted in
Chapter Env-Hw 100 by Document #12343 were Env-Hw 101.04 titled “References to
Federal Regulations” and the following definitions:
Env-Hw 103.25 “Containment building”
Env-Hw 103.38 “Drip pad”
Env-Hw 103.50 “Explosives or munitions
emergency”
Env-Hw 103.51 “Explosives or munitions
emergency response”
Env-Hw 103.52 “Explosives or munitions
emergency response specialist”
Env-Hw 103.66 “Household”
Env-Hw 103.67 “Household hazardous
waste (HHW)”
Env-Hw 104.02 “Land disposal”
Env-Hw 104.12 “Military munitions”
Env-Hw 104.51 “State-only waste”
The former rules in Chapter Env-Hw 100
that were repealed by Document #12343 include the following definitions:
Env-Hw 103.40 “Electrochemical cell”
Env-Hw 103.64 “Hazardous waste storage
area”
Env-Hw 103.74 “Integral design”
Env-Hw 104.15 “New Hampshire
identification number”
Env-Hw 104.50 “Subsequent notification
form”
Env-Hw 104.72 “Universal waste
transfer facility”
REVISION NOTE #3:
Document #12920, effective 11-23-19,
was the next filing after Document #12343 that affected the rules in Chapter
Env-Hw 100. Document #12920 adopted,
repealed, readopted with amendment, or readopted with amendment and renumbered
various rules in Chapter Env-Hw 100.
Document #12920 adopted Env-Hw 101.05
titled “Applicability of Manifest Requirements”, Env-Hw 103.39 defining
“Electronic manifest”, Env-Hw 103.40 defining “Electronic manifest system”,
Env-Hw 103.55 defining “Exporter”, and Env-Hw 103.72 defining “Importer.”
Document #12920 also repealed Env-Hw 103.56 defining “Foreign consignee”, and
readopted with amendments the following rules:
Env-Hw 101.04 References to Federal Regulations.
Env-Hw 102.02 Modifications to Federal Hazardous Waste
Definitions.
Env-Hw 103.43 defining “EPA acknowledgement of consent”,
and renumbered as
Env-Hw 103.45.
Env-Hw
104.02, defining “Land disposal.”
Env-Hw
104.51, defining “NH-only waste”, and renumbered as Env-Hw 104.17.
Env-Hw 104.17, defining
“Notification form,” and renumbered as Env-Hw 104.18.
The adoption, repeal, readoption with
amendment, and readoption with amendment and renumbering of various rules by
Document #12920 caused extensive renumbering of existing rules in Chapter
Env-Hw 100 which had been filed under Document #12343, effective 8-14-17, but
were not included in Document #12920.
Their effective date remained as 8-14-17. The source notes of renumbered rules below
indicate the former rule number.
As organizational rules the rules in
Chapter Env-Hw 100 will not expire except pursuant to RSA 541-A:17, II.
REVISION NOTE #4:
Document #13405, effective 7-23-22,
was the next filing after Document #12920 that affected the rules in Chapter
Env-Hw 100. Document #13405 adopted, repealed, readopted with amendment, or
readopted with amendment and renumbered various rules in Chapter Env-Hw 100.
Document #13405 adopted
Env-Hw 103.07 defining “Aerosol can”, Env-Hw 103.49 defining “Evaluated
hazardous waste pharmaceutical”, Env-Hw 103.67 defining “Hazardous waste
pharmaceutical”, Env-Hw 103.69 defining “Healthcare facility”, Env-Hw 104.08
defining “Long-term care facility”, Env-Hw 104.19 defining “Non-creditable
hazardous waste pharmaceutical”, Env-Hw 104.33 defining “Potentially creditable
hazardous waste pharmaceutical”, and Env-Hw 104.43 defining “Reverse
distributor”.
Document #13405 also
repealed Env-Hw 103.12 defining “Board”, which had last been filed in Document
#12343, effective 8-14-17.
Document #13405 readopted with
amendments the following rules:
Env-Hw 101.04 References
to Federal Regulations.
Env-Hw 103.56 defining “Facility”,
renumbered as Env-Hw 103.57.
Env-Hw 104.02 defining “Land
disposal”.
Env-Hw 104.11 defining
“Mercury-containing device”, renumbered as Env-Hw 104.12.
Env-Hw 104.18 defining “Notification
form”, renumbered as Env-Hw 104.20.
Env-Hw 104.28 defining
“Pharmaceutical”, renumbered as Env-Hw 104.30.
Env-Hw 104.72 defining “Universal
waste”, renumbered as Env-Hw 104.76.
The adoption, repeal, readoption with
amendment, and readoption with amendment and renumbering of various rules by Document #13405 caused
extensive renumbering of existing rules in Chapter Env-Hw 100 which had been filed
under Document #12343, effective 8-14-17, or Document #12920, effective
11-23-19, but were not included in Document #13405. Their effective date remained as 8-14-17 or
11-23-19, as indicated. The source notes
of renumbered rules below indicate the former rule number.
As organizational rules the rules in
Chapter Env-Hw 100 will not expire except pursuant to RSA 541-A:17, II.
PART Env-Hw
101 PURPOSE AND APPLICABILITY
Env-Hw 101.01 Purpose. The purpose of the rules in subtitle Env-Hw
is to implement the provisions of RSA 147-A that require hazardous waste to be
managed and disposed properly, so as to minimize risks to the environment and
public health and safety.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.02 Applicability. Subtitle Env-Hw shall apply to the
generation, management, and transportation of hazardous waste in New Hampshire.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.03 Use of Number and Gender.
(a)
As used in the hazardous waste rules:
(1) Words in the singular shall include the
plural; and
(2) Words in the plural shall include the
singular.
(b)
As used in federal regulations incorporated by reference, words in the
masculine gender shall include the feminine and neutral genders.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 101.04 References to Federal Regulations.
(a)
Unless otherwise specified, references to federal regulations within
this subtitle shall be as follows:
(1) All references to “Title 29 of the Code of
Federal Regulations” or “29 CFR” shall be to the edition in effect on July 1,
2024;
(2) All references to “Title 40 of the Code of
Federal Regulations” or “40 CFR” shall be to the edition in effect on July 1,
2024; and
(3) All references to “Title 49 of the Code of
Federal Regulations” or “49 CFR” shall be to the edition in effect on October
1, 2024.
(b) References to other federal statutes and
regulations contained in the text of the federal regulations incorporated by
reference that are not specifically adopted by reference, including, but not
limited to, references to the Clean Water Act, the Clean Air Act, and the Safe
Drinking Water Act, shall be used to assist in interpreting the federal
regulations only, but the authority and power of the analogous or related
portions of New Hampshire statutes and rules shall apply in lieu of the cited
federal statutes and regulations.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25
Env-Hw 101.05 Applicability of Manifest Requirements.
(a) The manifest requirements of 40 CFR 260.4,
reprinted in Appendix D, shall apply in any case in which the state in which
waste is generated, or the state in which waste will be transported to a
designated facility, requires the waste to be tracked on a hazardous waste
manifest.
(b) The manifest requirements of 40 CFR 260.5,
reprinted in Appendix D, shall apply in any case in which a state requires a
RCRA manifest to be used under state law to track the shipment and
transportation of a state-only regulated waste, as such term is defined in 40
CFR 260.5(a), to a receiving facility.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
PART Env-Hw
102 HAZARDOUS WASTE DEFINITIONS BASED ON
FEDERAL LAW
Env-Hw
102.01 Hazardous Waste Definitions in
Federal Law. Where federal
provisions are adopted by reference, terms used shall be as defined in federal
law unless otherwise specified in these rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw
102.02 Modifications to Federal
Hazardous Waste Definitions. The
following terms, when used in federal regulations incorporated by reference,
shall be substituted with the analogous New Hampshire terms as follows:
(a)
Any reference to the “Regional Administrator,” “Administrator,” “EPA
Regional Administrator for the Region in which the healthcare facility is
located,” or “EPA Regional Administrator for the Region in which the reverse
distributor is located” in federal rules adopted by reference shall be deemed
to mean the “commissioner, or commissioner’s designee,” except when used in 40
CFR 262 Subpart H, 264.12(a), 265.12(a), 268.5, 268.6, 268.13, 268.40(b),
268.42(b), 268.44(a) through (g), 270.11(a)(3), 270.14(b)(20), 270.32(b)(2),
and 270.51;
(b)
Any reference to the “U.S. Environmental Protection Agency,” “Agency,”
“United States Environmental Protection Agency,” “EPA Headquarters,” “EPA
Region(s),” or “EPA” in federal rules adopted by reference shall be deemed to
mean the “department,” except when used in:
(1) 40 CFR 260.2(c) and (d), 261.39(a)(5),
261.41, 262 Subpart H, 264.12(a)(2), 265.12(a)(2), 268.1(e)(3), 268.2(j),
268.5(g), 268.44(a) through (g), 270.11(a)(3), 270.32(a), 270.32(c), 270.51,
270.72(a)(5), and 270.72(b)(5); or
(2) Any reference to EPA identification numbers,
EPA hazardous waste numbers, EPA test methods, EPA forms, any EPA
acknowledgment of consent, any EPA publications, manuals, or guidance, and
EPA’s electronic manifest system; and
(c)
Any reference to any provision of the Resource Conservation and Recovery
Act (RCRA) in federal rules incorporated by reference shall be deemed to be a
reference to the comparable New Hampshire statutory provision, except in 40 CFR
270.72(a)(5) and (b)(5) and 40 CFR 270.51(d) relative to EPA-issued RCRA
permits, as listed in Table 1.1, below:
Table 1.1
Comparison of Federal and State Statutory Provisions
|
RCRA (P.L. 94-580) |
U.S.C. |
NH RSA |
|
1004(5) |
42
U.S.C. 6903(5) |
147-A:2,
VII |
|
1004(27) |
42
U.S.C. 6903(27) |
147-A:2,
XVIII |
|
3004 |
42
U.S.C. 6924 |
147-A:3,
IV |
|
3005 |
42
U.S.C. 6925 |
147-A:3,
IX; 147-A:4 |
|
3006(f) |
42
U.S.C. 6926(f) |
91-A |
|
3007 |
42
U.S.C. 6927 |
147-A:7;
91-A |
|
3008 |
42
U.S.C. 6928 |
147-A:14,
16, 16-a, & 16-b |
|
3010 |
42
U.S.C. 6930 |
147-A:3,
IV & VI |
|
RCRA (P.L. 89-272) |
|
|
|
3013 |
42
U.S.C. 6934 |
147-A:3, VI
& VII |
|
3019 |
42
U.S.C. 6939a |
147-A:5 |
|
7003 |
42
U.S.C. 6973 |
147-A:13 |
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #14278, eff
8-1-25
PART Env-Hw 103 HAZARDOUS WASTE DEFINITIONS: A TO K
Env-Hw 103.01 “100-year flood” means a flood that has a one
percent chance of being equaled or exceeded in any given year.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.02 “100-year floodplain” means an area that is
subject to being flooded by a 100-year flood, as determined in accordance with
40 CFR 270.14(b)(11)(iii).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.03 “Abandoned material” means any material that
is:
(a)
Disposed of;
(b)
Burned or incinerated; or
(c)
Accumulated, stored, or treated, but not recycled, before or in lieu of
being abandoned by being disposed of, burned, or incinerated.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.04 “Active fault zone” means a land area that,
according to geological evidence, has exhibited movement along a fault within
the past 10,000 years.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.05 “Active portion” means that portion of a
hazardous waste facility where treatment, storage, or disposal operations are
being or have been conducted on or after November 19, 1980. The term does not include any portion of a
hazardous waste facility that has been closed in accordance with a closure plan
approved in accordance with Env-Hw 707.03 and Env-Hw 708.02 or predecessor
rules in subtitle Env-Wm or He-P.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 103.06 “Acutely hazardous waste” means hazardous
wastes that meet the listing criteria in 40 CFR 261.11(a)(2) or Env-Hw
405.02(a) and therefore are either listed in Env-Hw 402.06 with the assigned
hazard code of “(H)” or are listed in Env-Hw 402.04.
Source. #14278, eff 8-1-25
Env-Hw 103.07 “Administrator” means “administrator” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.06)
Source. #13405, eff 7-23-22 (See Revision Note
#4 at chapter heading for Env-Hw 100)
(formerly Env-Hw 103.07)
Env-Hw 103.09 “Antifreeze” means a material having an
ethylene glycol or propylene glycol base that is used full strength or diluted
with water only as protection against freezing, overheating, and corrosion of
the cooling system of an internal combustion engine.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly
Env-Hw 103.07, renumbered by
#13405) (See Revision Note #4 at
chapter heading for Env-Hw 100) (formerly Env-Hw 103.08)
Env-Hw 103.10 “Aquiclude” means an impermeable or poorly
permeable bed, formation, or group of formations that impedes groundwater
movement and does not yield water freely to a well or spring.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.08, renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 103.09)
Env-Hw 103.11 “Aquifer” means “aquifer” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.09, renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 103.10)
Env-Hw 103.12 “Authorized representative” means “authorized
representative” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 103.10, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 103.11)
Env-Hw 103.13 “Battery” means “battery” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.11, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 103.12)
Env-Hw 103.14 “Boiler” means “boiler” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.13)
Env-Hw 103.15 “Bulk shipment” means the bulk transportation
of hazardous waste that is loaded or carried on board a vessel without
containers or labels.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.14)
Env-Hw 103.16 “By-product” means “by-product” as defined in
40 CFR 261.1(c)(3), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.15)
Env-Hw 103.17 “Carcinogen” means any substance that causes
cancer.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.16)
Env-Hw 103.18 “Cathode ray tube” means a glass tube used to
provide the visual display in televisions, computer monitors, and certain
scientific instruments, such as oscilloscopes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.17)
Env-Hw 103.19 “Clean Air Act” means the Clean Air Act, 42
U.S.C. 7401, and amendments thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.18)
Env-Hw 103.20 “Closure” means the act of securing a
facility pursuant to Env-Hw 513.04, Env-Hw 513.05, or Env-Hw 700, as
applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #14278, eff 8-1-25 (formerly Env-Hw 103.19)
Env-Hw 103.21 “Commissioner” means the commissioner of the
department of environmental services.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.20)
Env-Hw 103.22 “Confined aquifer” means “confined aquifer”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.21)
Env-Hw 103.23 “Constituent” means any substance, material,
compound, or element that:
(a)
Is identified in Env-Hw 402.04, Env-Hw 402.05, or Env-Hw 403.06; or
(b)
Has resulted in a waste being listed in Env-Hw 402 by the department in
accordance with Env-Hw 405.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.22)
Env-Hw 103.24 “Construction commenced” as used in the
definition of “existing facility” means:
(a)
The owner or operator has obtained the federal, state of New Hampshire,
and local approvals or permits necessary to begin physical construction; and
(b)
Either:
(1) A continuous on-site, physical construction
program has begun; or
(2) The owner or operator has entered into
contractual obligations that cannot be cancelled or modified for physical
construction of the facility to be completed within a reasonable time.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.23)
Env-Hw 103.25 “Container” means “container” as defined in
40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.24)
Env-Hw 103.26 “Containment building” means “containment
building” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.25)
Env-Hw 103.27 “Contingency plan” means “contingency plan”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.26)
Env-Hw 103.28 “Delisted” means that a hazardous waste is no
longer considered by the department to be a listed waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.27)
Env-Hw 103.29 “Delisting” means the process specified in
Env-Hw 406 by which a person can ask for a listed hazardous waste to be
delisted.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.28)
Env-Hw 103.30 “Department” means the department of
environmental services.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.29)
Env-Hw 103.31 “Designated facility” means:
(a)
A hazardous waste treatment, storage, or disposal facility that has:
(1) Received a permit or interim status in
accordance with Env-Hw 304 or 40 CFR Part 270 and 124, or is regulated under
Env-Hw 802.01(c) or (d); and
(2) Been designated by a generator on a manifest
as the place to which the hazardous waste covered by the manifest is to be
delivered;
(b)
A generator site designated on a manifest to receive waste as a return
shipment from a facility that has rejected the waste in accordance with Env-Hw 704; or
(c)
If the waste is to be brought to another state, a facility allowed by
the receiving state to accept such waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.30)
Env-Hw 103.32 “Dike” means “dike” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.31)
Env-Hw 103.33 “Discarded material” means any material that
is abandoned, recycled, or considered inherently waste-like, as those terms are
defined in Env-Hw 103 or Env-Hw 104, or a military munition identified as a
solid waste in 40 CFR 266.202.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.32)
Env-Hw 103.34 “Discharge” means the release of hazardous
waste into or on any land, water, or air.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.33)
Env-Hw 103.35 “Displacement” means the relative movement of
any 2 sides of a fault.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.34)
Env-Hw 103.36 “Disposal” means “disposal” as defined in RSA
147-A:2, III, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.35)
Env-Hw 103.37 “Disposal facility” means any location or
part of a location where hazardous waste is intentionally placed and will
remain after closure. The term includes
landfills and land treatment facilities if the waste will
remain after closure.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
103.36)
Env-Hw 103.38 “Drip pad” means “drip pad” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Source. #12920,
eff 11-23-19 (See Revision Note #3
at chapter heading for Env-Hw 100)
Env-Hw
103.40 “Electronic manifest system”
means “electronic manifest system (or e-Manifest system)” as defined in 40 CFR
260.10, reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.41 “Elementary neutralization unit” means a
device that:
(a)
Is used for neutralizing wastes that are hazardous only because they
exhibit the corrosivity characteristic defined in Env-Hw 403 or are listed in
Env-Hw 402 only for this reason; and
(b)
Meets the definition of tank, tank system, container, transport vehicle,
or vessel in Env-Hw 103 or Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.39, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.42 “Empty container” means a container that
meets the criteria of Env-Hw 401.03(b)(20).
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100)
#12343, eff 8-14-17; (formerly Env-Hw 103.40, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100)
Env-Hw 103.43 “Energy recovery facility” means a facility
that uses hazardous waste, fully or in part, as a source to produce a useful
energy product.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.41, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.44 “EPA” means the United States Environmental
Protection Agency.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.42, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #14278, eff 8-1-25
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; ss by #12920, eff 11-23-19
(formerly Env-Hw 103.43) (See Revision Note #3 at chapter heading for Env-Hw
100)
Env-Hw 103.46 “EPA hazardous waste
number” means the number assigned by EPA to each EPA hazardous waste identified
in Env-Hw 400.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.44, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.47 “EPA identification number” means the
site-specific number assigned by the department upon receipt of a complete Form
HWM-2, “RCRA C Site Identification Form” dated August 2025, submitted by a:
(a)
Generator;
(b)
Recognized trader;
(c)
Transporter;
(d)
Transfer facility;
(e)
Treatment, storage, or disposal facility;
(f)
Universal waste handler;
(g)
Healthcare facility operating under Env-Hw 1300;
(h)
Reverse distributor; or
(i)
Used oil handler.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.45, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #14278, eff
8-1-25
Env-Hw 103.48 “Equivalent method” means any testing or
analytical method approved by the department under Env-Hw 401.05 or by the
administrator under 40 CFR 260.20 and 260.21.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.46, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100)
Env-Hw 103.49 “Evaluated hazardous waste pharmaceutical”
means “evaluated hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as
reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 103.50 “Excluded scrap metal”
means “excluded
scrap metal” as defined in 40 CFR 261.1(c)(9), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.47, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.51 “Existing facility” means a facility that was
in operation or for which construction commenced on or before July 1, 1980, or
on the effective date of any statutory or regulatory amendments that render the
facility subject to permit requirements under RCRA or RSA 147-A or rules
adopted pursuant thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.48, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.52 “Explosive reaction” means a violent
expansion or bursting in the form of a sudden release of heat or pressure. The term does not include a slow or gradual
buildup of heat or pressure.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.49, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.53 “Explosives or munitions emergency” means “explosives
or munitions emergency” as defined in 40 CFR 260.10, as reprinted in Appendix
D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.50, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.52, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.54 “Explosives or munitions emergency response” means “explosives
or munitions emergency response” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.51, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.53, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.55 “Explosives or munitions emergency response
specialist” means
“explosives or munitions emergency response specialist” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100)
#12343, eff 8-14-17; (formerly Env-Hw 103.52, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly
Env-Hw 103.54, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100)
Env-Hw 103.56 “Exporter” means “exporter” as defined in 40
CFR 262.81, as reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.55, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.57 “Facility” means “facility” as defined in RSA
147-A:2, IV, as reprinted in Appendix C, except that where the hazardous waste
rules apply to quarterly activity reports, payments into the hazardous waste cleanup fund, and administration of the fund
for the siting program and household
hazardous waste collection projects, “facility” means “facility” as defined in
RSA 147-B:2, III, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.53, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405,
eff 7-23-22 (formerly Env-Hw
103.56, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100)
Env-Hw 103.58 “Fault” means a fracture along which rocks on
at least one side have been displaced.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.54, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.57, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100)
Env-Hw 103.59 “Federal Clean Water Act” means 33 U.S.C.
1251 et seq. and amendments thereto.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.55, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.58, renumbered by
#13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 103.60 “Free liquids” means “free liquids” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.57, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.59, renumbered by
#13405) (See Revision Note
#4 at chapter heading for Env-Hw 100)
Env-Hw 103.61 “Generator” means “generator” as defined in
RSA 147-A:2, VI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.59, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.61, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.62)
Env-Hw 103.62 “Government entity” means the state of New
Hampshire and its political subdivisions including solid waste management
districts and regional planning commissions.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.60, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.62, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.63)
Env-Hw 103.63 “Groundwater” means “ground water” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.61, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.63, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.64)
Env-Hw 103.64 “Hazardous waste” means “hazardous waste” as
defined in RSA 147-A:2, VII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.63, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.65, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.66)
Env-Hw 103.65 “Hazardous waste pharmaceutical” means
“hazardous waste pharmaceutical” as defined in 40 CFR 266.500, as reprinted in
Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.67)
Env-Hw 103.66 “Hazardous waste rules” means the rules in
subtitle Env-Hw.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.64, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.66, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.68)
Env-Hw 103.67 “Healthcare facility” means “healthcare
facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.69)
Env-Hw 103.68 “Home scrap metal” means
“home scrap metal” as
defined in 40 CFR 261.1(c)(11), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.65, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.67, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.70)
Env-Hw 103.69 “Household” means a location in which humans
reside on a permanent or temporary basis, including but not limited to single-
and multi-family residences, bunkhouses and other crew quarters, ranger
stations, motels and hotels, campgrounds, picnic grounds, and day-use
recreation areas.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.66, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.68, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.71)
Env-Hw 103.70 “Household do-it-yourself (DIY) used oil”
means oil that is derived from households, such as used oil generated by
individuals through the maintenance of their personal vehicles.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 ss by #14278, eff 8-1-25 (formerly Env-Hw 103.37)
Env-Hw 103.71 “Household do-it-yourself (DIY) used oil
collection center” means any site or facility that accepts, aggregates, and
stores used oil collected only from individuals who generate household DIY used
oil.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.77, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) ss by #14278, eff
8-1-25 (formerly Env-Hw 104.81)
Env-Hw 103.72 “Household do-it-yourself (DIY) used oil
generator” means an individual who generates household
DIY used oil.
Source. #14278, eff 8-1-25
Env-Hw 103.73 “Household hazardous waste (HHW)” means
household waste that would be hazardous waste if generated anywhere other than
in a household.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.67, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.69, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.72)
Env-Hw 103.74 “Household hazardous waste (HHW) collection
project” means any location that accumulates, collects, transfers, or otherwise
manages HHW.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.68, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.70, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.73)
Env-Hw 103.75 “Household waste” means any refuse, garbage,
trash, sanitary waste, or other waste comprised of materials typically
generated by consumers in their homes, and that is actually generated in a
household.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.69, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.71, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.74)
Env-Hw 103.76 “Importer” means “importer” as defined in 40
CFR 262.81, as reprinted in Appendix D.
Source. #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.72, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.75)
Env-Hw 103.77 “Incinerator” means any enclosed device using
controlled flame combustion that neither meets the criteria for classification
as a boiler nor is listed as an industrial furnace.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.70, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.73, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.76)
Env-Hw 103.78 “Incompatible waste”
means “incompatible waste” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.71, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.74, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.77)
Env-Hw 103.79 “Industrial furnace” means any of the
following enclosed devices that are integral components of manufacturing
processes and that use controlled flame devices to accomplish recovery of
materials or energy:
(a)
Cement kilns;
(b)
Lime kilns;
(c)
Aggregate kilns;
(d)
Phosphate kilns;
(e)
Coke ovens;
(f)
Blast furnaces;
(g)
Smelting, melting, and refining furnaces including pyrometallurgical
devices such as cupolas, reverberator furnaces, sintering machines, roasters,
and foundry furnaces;
(h)
Titanium dioxide chloride process oxidation reactors;
(i)
Methane reforming furnaces;
(j)
Pulping liquor recovery furnaces;
(k)
Combustion devices used in the recovery of sulfur values from spent sulfuric acid; or
(l) Such other devices as
the commissioner adds to this list through a rulemaking in accordance with the
rulemaking procedures of RSA 541-A on the basis of one or more of the following
factors:
(1) The design and use of the device primarily to
accomplish recovery of material products;
(2) The use of the device to burn or reduce raw
materials to make a material product;
(3) The use of the device to burn or reduce
secondary materials as effective substitutes for raw materials, in processes
using raw materials as principal feedstocks;
(4) The use of the device to burn or reduce
secondary materials as ingredients in an industrial process to make a material
product;
(5) The use of the device in common industrial
practice to produce a material product; and
(6) Other factors, as applicable.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.72, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.75, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.78)
Env-Hw 103.80 “Inherently waste-like material” means:
(a)
Materials identified by EPA hazardous waste numbers F020, F021 unless
used as an ingredient to make a product at the site of generation,
F022, F023, F026, and F028; or
(b)
Materials that have been determined to be “inherently waste-like”
by the department in accordance with Env-Hw 803.03(b)(5).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.73, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.76, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.79)
Env-Hw 103.81 “Injection well” means “injection well” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.74, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.77, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.80)
Env-Hw 103.82 “Inner liner” means “inner liner” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.75, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.78, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.81)
Env-Hw 103.83 “International shipment” means “international
shipment” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
103.76, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 103.79, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 103.82)
PART Env-Hw
104 HAZARDOUS WASTE DEFINITIONS: L TO Z
Env-Hw 104.01 “Lamp” means “lamp” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.02 “Land disposal” means “land disposal” as
defined in 40 CFR 268.2(c), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #12920, eff 11-23-19 (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405, eff
7-23-22 (See Revision Note #4 at
chapter heading for Env-Hw 100)
Env-Hw 104.03 “Land treatment facility” means “land
treatment facility” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.04 “Landfill” means a disposal facility or part
of a facility where hazardous waste is placed in or on land and that is not a
pile, a land treatment facility, a surface impoundment, an underground injection
well, a salt dome formation, a salt bed formation, an underground mine, or a
cave.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17
Env-Hw 104.05 “Large quantity generator (LQG)” means any
generator of hazardous waste that meets the criteria of Env-Hw 503.04.
Source. #14278, eff 8-1-25
Env-Hw 104.06 “Leachate” means “leachate” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
104.05)
Env-Hw 104.07 “Liner” means “liner” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
104.06)
Env-Hw 104.08 “Location” as used in the definition of
“facility” means all contiguous land and all structures and other appurtenances
and improvements on the land.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17 (formerly Env-Hw
104.07)
Env-Hw 104.09 “Long-term care facility” means “long-term
care facility” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.08)
Env-Hw 104.10 “Management” means “hazardous waste
management” as defined in RSA 147-A:2, VIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.08, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.09)
Env-Hw 104.11 “Manifest” means “manifest” as defined in RSA
147-A:2, X, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.09, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.10)
Env-Hw 104.12 “Manifest
tracking number” means the alphanumeric identification number comprised
of a unique 3-letter suffix preceded by 9 numerical digits, which is
preprinted, by a source approved by EPA pursuant to 40 CFR 262.21, in item 4 of
the manifest.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.10, renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.11)
Env-Hw 104.13 “Mercury-containing device” means any product
or component, excluding batteries and lamps, that contains elemental mercury integral to its
function and is housed within an outer casing. The term includes but is
not limited to thermostats, intact mercury-containing ampules, thermocouples,
thermometers, manometers, barometers, sphygmomanometers, electric switches and
relays, gas flow regulators, water meters, and electric meters that contain
mercury switches or relays.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #13405, eff 7-23-22 (formerly Env-Hw 104.11) (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.12)
Env-Hw 104.14 “Military munitions” means “military
munitions” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.12,
renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 104.13)
Env-Hw 104.15 “Mining overburden returned to the mine site”
means “mining overburden returned to the mine site” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17;
(formerly Env-Hw 104.13, renumbered by #13405) (See
Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.14)
Env-Hw 104.16 “Miscellaneous unit” means a hazardous waste
management unit where hazardous waste is treated, stored, or disposed of and
that is not a container, tank, surface impoundment, pile, land treatment unit,
landfill, incinerator, boiler, industrial furnace, underground injection well,
containment building, corrective action management unit, staging pile, or unit
eligible for a research, development, and demonstration permit under Env-Hw
304.05(d).
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.14,
renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 104.15)
Env-Hw 104.17 “New facility” means a facility that began
construction or operation after July 1, 1980.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.15,
renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 104.16)
Env-Hw 104.18 “NH hazardous waste number” means the number
assigned by the department to each New Hampshire hazardous waste identified in
Env-Hw 400.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.16,
renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 104.17)
Env-Hw
104.19 “NH-only waste” means waste that
is regulated under the hazardous waste rules but not regulated by EPA.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #12920, eff 11-23-19 (formerly Env-Hw 104.51) (See Revision Note
#3 at chapter heading for Env-Hw 100); (formerly Env-Hw 104.17, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.18)
Env-Hw 104.20 “Non-acutely hazardous waste” means all
hazardous wastes that are not acutely hazardous waste as defined in Env-Hw
103.06.
Source. #14278, eff 8-1-25
Env-Hw 104.21 “Non-creditable hazardous waste
pharmaceutical” means “non-creditable hazardous waste pharmaceutical” as
defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.19)
Env-Hw 104.22 “Off-site” means any site that is not
on-site.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.18, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.19, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.21)
Env-Hw 104.23 “On-site” means “on-site” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.19, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.20 renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.22)
Env-Hw 104.24 “Operator” means “operator” as defined in RSA
147-A:2, XI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.20, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.21, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.23)
Env-Hw 104.25 “Owner” means “owner” as defined in RSA
147-A:2, XI-a, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.21, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.22, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.24)
Env-Hw 104.26 “Permit” means an authorization, license, or
equivalent control document issued by the department to implement the hazardous
waste rules. The term includes limited
permits and emergency permits. The term
does not include interim status or any document that has not been the subject
of final department action, such as a draft permit or proposed permit.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.22, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.23, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.25)
Env-Hw 104.27 “Permit-by-rule” means a permit for a
facility or activity that is required to have a permit that exists by virtue of
compliance with specific provisions of the hazardous waste rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.23, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.24, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.26)
Env-Hw 104.28 “Person” means “person” as defined in RSA
147-A:2, XII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.24, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.25, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.27)
Env-Hw 104.29 “Personnel” means all individuals who work at
or oversee the operation of a hazardous waste facility and whose actions or
failure to act may result in noncompliance with the hazardous waste rules.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.25, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.26, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.28)
Env-Hw 104.30 “Pesticide” means “pesticide” as defined in
40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100) #12343, eff 8-14-17; (formerly Env-Hw 104.26, renumbered by #12920) (See Revision Note #3 at chapter heading for Env-Hw 100); (formerly
Env-Hw 104.27, renumbered by #13405)
(See Revision Note #4 at chapter
heading for Env-Hw 100) (formerly Env-Hw 104.29)
Env-Hw 104.31 “Pharmaceutical,” for purposes of RSA 147-A:2, VII(b) and these rules,
means “pharmaceutical”
as defined in 40 CFR 266.500, reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.27, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); ss by #13405, eff
7-23-22 (formerly Env-Hw 104.28) (See
Revision Note #4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.30)
Env-Hw 104.32 “Pile” means “pile” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.29, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.29, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.31)
Env-Hw 104.33 “Point source”
means “point source” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.30,
renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.30, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.32)
Env-Hw 104.34 “Potentially creditable hazardous waste
pharmaceutical” means “potentially creditable hazardous waste pharmaceutical”
as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.33)
Env-Hw 104.35 “Processed scrap metal”
means “processed scrap metal” as defined in 40 CFR 261.1(c)(10), as reprinted
in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.30, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.31, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.34)
Env-Hw 104.36 “Professional certification” means
“certification” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.31, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.32, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.35)
Env-Hw 104.37 “Prompt
scrap metal” means “prompt scrap metal” as defined in 40 CFR 261.1(c)(12), as
reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.32, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.33, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.36)
Env-Hw 104.38 “Publicly owned treatment works (POTW)” means
a system used in the treatment of municipal sewage or industrial wastes of a
liquid nature that is owned by a government entity.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.33, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.34, renumbered by
#13405) (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.37)
Env-Hw 104.39 “RCRA” means “Act” or “RCRA” as defined by 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.34, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.35, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.38)
Env-Hw 104.40 “Reclaimed material” means a material that is
processed to recover a usable product or that is regenerated, such as recovery
of lead values from spent batteries and regeneration of spent solvents.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.35, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.36, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.39)
Env-Hw 104.41 “Recognized trader” means “recognized trader”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. #14278, eff 8-1-25
Env-Hw 104.42 “Recycled material” means any material that
is used, reused, or reclaimed, as those terms are defined in Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.36, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.37, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.40)
Env-Hw 104.43 “Representative sample” means “representative
sample” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.37, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.38, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.41)
Env-Hw 104.44 “Residence” means any structure routinely
occupied as a dwelling or abode, including any seasonal dwelling that is used
as a secondary residence and is routinely occupied by someone for greater than
90 days per year.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.38, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.39, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.42)
Env-Hw 104.45 “Reverse distributor” means “reverse
distributor” as defined in 40 CFR 266.500, as reprinted in Appendix D.
Source. #13405, eff 7-23-22 (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.43)
Env-Hw 104.46 “Run-off” means “run-off” as defined in 40
CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.39, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.40, renumbered by
#13405) (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.44)
Env-Hw 104.47 “Run-on” means “run-on” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.40, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.41, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.45)
Env-Hw 104.48 “Scrap metal” means “scrap metal” as defined
in 40 CFR 261.1(c)(6), as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.41, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.42, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.46)
Env-Hw 104.49 “Secondary material” means any material that
is reclaimed and returned to the original process or processes in which it was
generated where it is reused in the production process.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.42, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.43, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.47)
Env-Hw 104.50 “Site” means “site” as defined in 40 CFR
270.2, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.43, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.44, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.48)
Env-Hw 104.51 “Sludge” means “sludge” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.44, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.49)
Env-Hw 104.52 “Small quantity generator (SQG)” means any generator of hazardous waste that meets the criteria
of Env-Hw 503.03.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.45, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.45, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100); ss by #14278, eff 8-1-25 (formerly Env-Hw 104.50)
Env-Hw 104.53 “Spent material” means “spent material” as
defined in RSA 147-A:2, XII-a, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.46, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.47, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.51)
Env-Hw 104.54 “Spill” means the accidental spilling,
leaking, pumping, pouring, emitting, or dumping of hazardous wastes or other
materials that, when spilled into or on any land or water, become hazardous
wastes.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.47, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.48, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.52)
Env-Hw 104.55 “Standard permit” means a permit issued to a
facility in accordance with Env-Hw 304.01.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
104.48, renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.49, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.53)
Env-Hw 104.56 “Standard temperature and pressure” means a
temperature of 20°C, equivalent to 68°F, and a pressure of one atmosphere.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.49,
renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.50, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.54)
Env-Hw 104.57 “State” means “state” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.50,
renumbered by #12920) (See Revision Note #3 at chapter heading
for Env-Hw 100); (formerly Env-Hw 104.51, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.55)
Env-Hw 104.58 “Storage” means “storage” as defined in RSA
147-A:2, XIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.52,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.56)
Env-Hw 104.59 “Surface impoundment” means “surface
impoundment” as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.53,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.57)
Env-Hw 104.60 “SW-846” means EPA publication “Test Methods
for Evaluating Solid Waste, Physical/Chemical Methods, Third Edition,” through
Update VII dated July 30, 2021, available as noted in Appendix B.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.54,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) ss by #14278, eff
8-1-25 (formerly Env-Hw 104.58)
Env-Hw 104.61 “Tank” means “tank” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.55,
renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.59)
Env-Hw 104.62 “Tank system” means “tank system” as defined
in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.56,
renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.60)
Env-Hw 104.63 “Teratogen” means any substance that, during
the development of an embryo, causes permanent structural or functional changes
in the offspring.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.57,
renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.61)
Env-Hw 104.64 “Terne-plated oil filters” means oil filters
that are plated with terne, an alloy of lead and tin.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.58,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.62)
Env-Hw 104.65 “Thermal treatment” means the treatment of
hazardous waste using elevated temperatures as a primary means of changing the
chemical, physical, or biological character of the waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.59,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.63)
Env-Hw 104.66 “Thermostat” means a temperature control
device that contains metallic mercury in an ampule.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.60,
renumbered by #13405) (See Revision Note #4 at chapter heading ror Env-Hw 100) (formerly Env-Hw
104.64)
Env-Hw 104.67 “Totally enclosed treatment facility” means
“totally enclosed treatment facility” as defined in 40 CFR 260.10, as reprinted
in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17;
(formerly Env-Hw 104.61, renumbered by #13405) (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.65)
Env-Hw 104.68 “Trade secret” means “trade secret” as
defined in RSA 147-A:2, XIV, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.62,
renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.66)
Env-Hw 104.69 “Transfer facility” means all land and
structures, including loading docks and parking, storage, and other areas,
where hazardous wastes in transit are transferred from vehicle to vehicle or
are removed from a transport vehicle, and temporarily stored for 10 days or
less.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.63,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.67)
Env-Hw 104.70 “Transport” means “transport” as defined in
RSA 147-A:2, XV, as reprinted in Appendix C.
Source. (See Revision
Note #1 and Revision Note #2 at chapter heading for Env-Hw 100)
#12343, eff 8-14-17; (formerly Env-Hw 104.64, renumbered by #13405) (See Revision Note #4 at chapter heading for Env-Hw 100) (formerly
Env-Hw 104.68)
Env-Hw 104.71 “Transport vehicle” means “transport vehicle”
as defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.65,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.69)
Env-Hw 104.72 “Transportation” means “transportation” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.66,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.70)
Env-Hw 104.73 “Transporter” means “transporter” as defined
in RSA 147-A:2, XVI, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.67,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.71)
Env-Hw 104.74 “Treatability study” means “treatability
study” as defined in 40 CFR 260.10, as reprinted in Appendix D, except that “§
261.4 (e) and (f)” shall be replaced with “§ 261.4 (e) and (f) and Env-Hw
401.03(b)(14)”.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.68,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.72)
Env-Hw 104.75 “Treatment” means “treatment” as defined in
RSA 147-A:2, XVII, as reprinted in Appendix C.
The term includes the recovery of energy or residual resources from the
waste.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.69,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.73)
Env-Hw 104.76 “Underground injection” means the subsurface
emplacement of fluids through a bored, drilled, or driven well, or through a
dug well where the depth of the dug well is greater than the largest surface
dimension, or into any pipe, conduit, or conveyance.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw
10.70, renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.74)
Env-Hw 104.77 “United States” means “United States” as
defined in 40 CFR 260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.71,
renumbered by #13405) (See Revision Note #4 at chapter heading
for Env-Hw 100) (formerly Env-Hw 104.75)
Env-Hw 104.78 “Universal waste” means any of the following
hazardous wastes that may be managed in
accordance with Env-Hw 1100 in lieu of Env-Hw 300 through Env-Hw 700:
(a) Batteries;
(b) Pesticides;
(c) Mercury-containing devices;
(d) Lamps;
(e) Cathode ray tubes;
(f) Antifreeze; and
(g) Aerosol cans.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; ss by #13405, eff 7-23-22 (formerly Env-Hw 104.72) (See Revision Note
#4 at chapter heading for Env-Hw 100) (formerly Env-Hw 104.76)
Env-Hw 104.79 “Universal waste handler” means:
(a)
A generator of universal waste; or
(b)
The owner or operator of a facility, including all contiguous property,
who:
(1) Receives universal waste from other universal
waste handlers;
(2) Accumulates universal waste; or
(3) Sends universal waste to another universal
waste handler, a destination facility, or a foreign destination.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.73,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.77)
Env-Hw 104.80 “Universal waste transporter” means
“universal waste transporter” as defined in 40 CFR 260.10, as reprinted in
Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.74,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.78)
Env-Hw 104.81 “US DOT” means the United States Department
of Transportation.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.75,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) ss by #14278, eff
8-1-25 (formerly Env-Hw 104.79)
Env-Hw 104.82 “Used oil” means “used oil” as defined in RSA
147-B:2, XIII, as reprinted in Appendix C. The term includes oils used as
lubricants, non-contact heat transfer fluids, emulsions, hydraulic fluids, and
similar uses, but does not include materials that are commercial chemical
products intended for use as fuels, cleaning agents, solvents, or wood
preservatives.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.76,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.80)
Env-Hw 104.83 “Used oil handler” means any person who
generates, transports, collects, aggregates, markets, processes, or burns used
oil, except the term does not include a household DIY used oil generator.
Source. #14278, eff 8-1-25
Env-Hw 104.84 “Used or reused material” means a material
that is:
(a)
Employed as an ingredient including use as an intermediate in an
industrial process to make a product, for example, distillation bottoms from
one process used as feedstock in another process, but excluding a material from
which distinct components are recovered as separate end products, such as when
metals are recovered from metal-containing secondary materials; or
(b)
Employed in a particular function or application as an effective
substitute for a commercial product, for example, spent pickle liquor used as a
phosphorous precipitant and sludge conditioner in wastewater treatment.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.79,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.83)
Env-Hw 104.85 “Very small quantity generator (VSQG)” means
any generator of hazardous waste that meets the criteria of Env-Hw 503.02.
Source. #14278, eff 8-1-25
Env-Hw 104.86 “Vessel” means “vessel” as defined in 40 CFR
260.10, as reprinted in Appendix D.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.80,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.84)
Env-Hw 104.87 “Washout” means the movement of hazardous
waste from a facility as a result of flooding.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.81,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.85)
Env-Hw 104.88 “Waste” means “waste” as defined in RSA
147-A:2, XVIII, as reprinted in Appendix C.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.82,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.86)
Env-Hw 104.89 “Wastewater treatment unit” means a device
that:
(a)
Is part of a wastewater treatment facility that is subject to regulation
under either §402 or §307(b) of the Clean Water Act;
(b)
Receives and treats or stores an influent wastewater that is a hazardous
waste as identified in Env-Hw 400, or generates and accumulates a wastewater
treatment sludge that is a hazardous waste as identified in Env-Hw 400, or
treats or stores a wastewater treatment sludge that is a hazardous waste as
identified in Env-Hw 400; and
(c)
Meets the definition of tank or tank system in Env-Hw 104.
Source. (See Revision Note #1 and Revision Note #2 at
chapter heading for Env-Hw 100) #12343,
eff 8-14-17; (formerly Env-Hw 104.83,
renumbered by #13405) (See Revision Note #4 at chapter heading for
Env-Hw 100) (formerly Env-Hw 104.87)
Appendix A: State Statutes, Federal Regulations
Implemented
|
Rule
Section(s) |
State
Statute(s) |
Federal
Regulation(s) |
|
Env-Hw 101 |
RSA 147-A:3 |
40 CFR 260.3 |
|
Env-Hw 101.05 |
RSA 147-A:3, V |
40 CFR 260.4; 40
CFR 260.5 |
|
Env-Hw 102 |
RSA 147-A:2; RSA
147-A:3, I |
40 CFR 260.10 |
|
Env-Hw 103 |
RSA 147-A:2; RSA
147-A:3, I; RSA 147-B:2, III |
40 CFR 260.10;
40 CFR 261.1(c); 40 CFR 262.81; 40
CFR 270.2; 40 CFR 273.9 |
|
Env-Hw 104 |
RSA 147-A:2; RSA
147-A:3, I; RSA 147-B:2,
XIII |
40 CFR 260.10;
40 CFR 261.1(c); 40 CFR 268.2(c);
40 CFR 270.2; 40 CFR 273.9 |
Appendix B: Incorporation by
Reference Information
|
Rule |
Title |
Obtain
at: |
|
Env-Hw 104.60 |
EPA publication
“SW-846 Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,”
Third Edition, as amended through Update VII dated July 30, 2021 |
National Technical Information Service (NTIS) 5285 Port Royal Road Springfield, VA 22161 (800) 553-NTIS [(800)-553-6847] Free online at: |
Appendix C: State Statutory
Definitions
RSA 147-A:2
III.
“Disposal” means the discharge, deposit, incineration, injection, dumping,
spilling, leaking or placing of any waste into or onto any land or water so
that the waste or any constituent of the waste may enter the environment, be
emitted into the air, or be discharged into any waters, including groundwaters.
IV.
“Facility” means a location at which hazardous waste is subjected to treatment,
storage or disposal and may include a facility where hazardous waste has been
generated.
VI.
“Generator” means any person who owns or operates a facility where hazardous
waste is generated.
VII.
“Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste,
or any combination of these wastes:
(a) Which,
because of either quantity, concentration, or physical, chemical, or infectious
characteristics may:
(1) Cause or
contribute to an increase in mortality or an increase in irreversible or
incapacitating reversible illness; or
(2) Pose a
present or potential threat to human health or the environment when improperly
treated, stored, transported, disposed of or otherwise mismanaged.
(b) Or which
has been identified as a hazardous waste by the department using the criteria
established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such
wastes include, but are not limited to, those which are reactive, toxic,
corrosive, ignitable, irritants, strong sensitizers or which generate pressure
through decomposition, heat or other means. Such wastes do not include
radioactive substances that are regulated by the Atomic Energy Act of 1954, as
amended, or
household pharmaceutical wastes collected pursuant to RSA 318-E.
VIII.
“Hazardous waste management” means the systematic control of the generation,
collection, sorting, storage, processing, treatment, recovery and disposal of
hazardous waste.
X.
“Manifest” means the form used for identifying the origin, quantity,
composition, routing and destination of hazardous waste.
XI.
“Operator” means any person who, either directly or indirectly, operates or
otherwise controls or directs activities at a facility.
XI-a.
“Owner” means any person who, either directly or indirectly owns a facility.
The term “owner” does not include a person who, without participation in the
management or actual operation of a facility, holds indicia of ownership
primarily to protect a mortgage on real property on which a facility is located
or a security interest in personal property located at the facility.
XII.
“Person” means any individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association, state,
municipality, commission, United States government or any agency thereof,
political subdivision of the state, or any interstate body.
XII-a.
“Spent material” means any material that has been used and, as a result of
contamination, can no longer serve the purpose for which it was produced
without processing.
XIII.
“Storage” means the containment of hazardous wastes, either on a temporary
basis or for a period of years, in such a manner as not to constitute disposal
of the hazardous wastes.
XIV.
"Trade secret'' means any confidential formula, pattern, device or
compilation of information which is used in the employer's business and which
gives him an opportunity to obtain an advantage over competitors who do not
know or use it. A trade secret is known to the employer and those employees to
whom it is necessary to confide it.
XV.
“Transport” means the movement of hazardous wastes from the point of generation
to any intermediate points and, finally, to the point of ultimate storage or
disposal.
XVI.
“Transporter” means any person who transports hazardous waste.
XVII.
“Treatment” means any process, including neutralization, designed to change the
physical, chemical or biological character or composition of any hazardous
waste so as to neutralize the waste or to render the waste not hazardous, safer
for transport, amenable to recovery, amenable to storage or reduced in volume.
XVIII.
“Waste” means any matter consisting of: garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other spent, discarded or abandoned material including solid,
liquid, semi-solid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities,
but does not include domestic sewage, irrigation return waters, wastewater
discharges in compliance with applicable state or federal permits, or source,
special nuclear, or by-product material as defined by the Atomic Energy Act of
1954, as amended.
RSA 147-B:2
III.
“Facility” means any site, area or location where hazardous waste or hazardous
materials are or have been treated, stored, generated, disposed of, or
otherwise come to be located.
XIII.
"Used oil" means any oil that has been refined from crude oil, or
synthetic oil, which, through use or handling, has become unsuitable for its
original purpose due to the presence of physical or chemical impurities or loss
of original properties.
Appendix D: Federal
Definitions and Regulations
(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;
40 CFR 279.1
Processing
means chemical or physical operations designed to produce from used oil, or to
make used oil more amenable for production of, fuel oils, lubricants, or other
used oil-derived product. Processing includes, but is
not limited to: blending used oil with virgin
petroleum products, blending used oils to meet the fuel specification,
filtration, simple distillation, chemical or physical separation and
re-refining.
Used oil generator means any person, by site, whose act or process
produces used oil or whose act first causes used oil to become subject to
regulation.
Used oil processor/re-refiner means a facility that processes used oil.
Used oil transporter means any person who transports used oil, any person
who collects used oil from more than one generator and transports the collected
oil, and owners and operators of used oil transfer facilities. Used oil
transporters may consolidate or aggregate loads of used oil for purposes of
transportation but, with the following exception, may not process used oil.
Transporters may conduct incidental processing operations that occur in the
normal course of used oil transportation (e.g., settling and water separation),
but that are not designed to produce (or make more amenable for production of)
used oil derived products or used oil fuel.
40 CFR
279.22(b)(1)
Containers and aboveground tanks used to store used
oil at generator facilities must be: (1) In good condition (no severe rusting,
apparent structural defects or deterioration); and
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 |