CHAPTER Env-Hw 1000 HAZARDOUS WASTE CLEANUP FUND

Statutory Authority: RSA 147-B:7

REVISION NOTE:

Document #9367, effective 1-28-09, readopted with amendments and redesignated the former Chapter Env-Wm 1000 as Env-Hw 1000. Former Part Env-Wm 1004 on used oil collection centers, filed under Document #6385-B, effective 11-26-96, had expired 11-16-04, and was not included in Document #9367. The redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Document #9367 replaces all prior filings for hazardous waste rules formerly in Chapter Env-Wm 1000. The numerals of the rules remained unchanged, and the source note information for the rules under Document #9367 refer to those same numbers under the subtitle Env-Wm.

PART Env-Hw 1001 APPLICABILITY

Env-Hw 1001.01 Applicability. This chapter shall govern the expenditure of money from the hazardous waste cleanup fund (HWCF) for the following purposes:

(a) To respond to the discharge of hazardous waste;

(b) To develop a state hazardous waste facility siting program;

(c) To encourage and facilitate the implementation of household hazardous waste (HHW) collection projects, as described herein; and

(d) To encourage and facilitate the collection of household do-it-yourself (DIY) used oil by household DIY used oil collection centers.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1002 FUND ADMINISTRATION

Env-Hw 1002.01 Fund Administration.

(a) Fees required by law to be deposited in the HWCF shall be deposited with the treasurer, state of New Hampshire as specified in RSA 147-B:3.

(b) Expenditures of HWCF monies by the department shall be accounted for as specified in RSA 147-B:6, I-a through I-g.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6385-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1003 HOUSEHOLD HAZARDOUS WASTE COLLECTION PROJECTS

REVISION NOTE #2:

Document #12352, effective 8-14-17, adopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 1000. Document #12352 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 1000.

Document #12352 made extensive changes to the existing rules in the former Part Env-Hw 1003. These changes included the readoption with amendments and renumbering of the former Env-Hw 1003.02 titled “Expenditures” as Env-Hw 1003.02 titled “Definitions” and Env-Hw 1003.03 titled “Eligible Applicants; Match Required”. Document #12352 also repealed Env-Hw 1003.06 titled “Matching Money Requirements”, Env-Hw 1003.07 titled “Educational Component”, and Env-Hw 1003.10 titled “School Wastes.” Document #12352 also adopted Env-Hw 1003.08 titled “Calculation of Grant Awards” and Env-Hw 1003.10 titled “Disbursement of Grants.” The former rule numbers of the existing rules in Env-Hw 1003 that were readopted with amendments are indicated in the source notes.

The filings for the former rules Env-Hw 1003.02, Env-Hw 1003.06, and Env-Hw 1003.07 prior to Document #12352 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

The filings for the former rule Env-Hw 1003.10 prior to Document #12352 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#6384-B, eff 11-26-96

#7208, eff 2-26-00

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See the Revision Note at the chapter heading for Env-Hw 1000 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 1000 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to RSA 541-A:14-a until replaced by the rules in Document #12352, effective 8-14-17.

Env-Hw 1003.01 Purpose. The purpose of this part is to implement RSA 147-B:6, I-a.

Env-Hw 1003.02 Definitions.

(a) “Approved local or regional entity” means a legal entity, such as a town conservation commission, solid waste management district, regional planning council or commission, or non-profit organization, that has been authorized by a municipality to coordinate the municipality’s participation in one or more HHW collection projects.

(b) “Collection event” means:

(1) For any HHW collection project that does not use a permanent HHW collection facility, the date on which and times during which the public may bring HHW to be collected; or

(2) For any HHW collection project that does use a permanent HHW collection facility, any day and times during which the public may bring HHW to the facility.

(c) “Permanent HHW collection facility” means a structure, or portion thereof, in which collected HHW can be secured against unauthorized access and that is used for HHW collection projects.

(d) “Type I project” means a HHW collection project consisting of one HHW collection event per calendar year that serves one municipality.

(e) “Type II project” means a HHW collection project consisting of:

(1) More than one HHW collection event per calendar year;

(2) One collection event that serves more than one municipality; or

(3) A combination of (1) and (2), above.

(f) “Type III project” means a HHW collection project that:

(1) Uses a permanent HHW facility to store partially filled drums and containers between collection events; and

(2) Uses a third-party vendor such as a hazardous waste transporter for all of its collection events.

(g) “Type IV project” means a HHW collection project that:

(1) Uses a permanent HHW facility to store partially filled drums and containers between collection events; and

(2) Actively collects and stores HHW in the absence of a third-party vendor such as a hazardous waste transporter for one or more, but not all, of its collection events.

Source. #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1003.03 Eligible Applicants; Match Required.

(a) Municipalities and approved local or regional entities that are in compliance with the hazardous waste rules shall be eligible to apply for HWCF monies for HHW collection projects.

(b) A municipality may participate in multiple HHW collection projects, however a municipality’s population shall be counted toward only one grant application per year for purposes of calculating grant awards pursuant to Env-Hw 1003.08.

(c) As required by RSA 147-B:6, I-a, recipients shall provide matching funds, on a dollar-for-dollar basis, equal to the total amount of HWCF monies received.

Source. #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1003.04 Purposes of Funding. Monies from the HWCF shall be used for the costs of disposal, supplies, contracted hazardous waste transportation, expenses associated with conducting the project’s educational component, or any combination thereof.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-24-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1003.05 Application Requirements.

(a) A municipality or approved local or regional entity seeking HWCF monies for a HHW collection project shall complete and submit, between October 1 and February 1 prior to the fiscal year in which the project is planned to occur, Form HWM-7 “Household Hazardous Waste Grant Application” as amended February 2026.

(b) The department shall make available:

(1) Guidance for completing the application and for planning and hosting a HHW collection project;

(2) A suggested warrant article for allocating matching funds; and

(3) Examples of press releases, fliers, advertisements, and other educational materials to facilitate the required educational component.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08, EXPIRES: 1-28-09; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12352, eff 8-14-17; ss by #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 1003.06 Application Processing and Decision.

(a) The department shall review each application for HWCF monies for HHW collection projects to determine whether it contains all the information and documents required by Env-Hw 1003.05.

(b) If the application does not contain all information and documents required by Env-Hw 1003.05, the department shall notify the applicant of what is missing.

(c) The department shall approve an application if it contains all of the information and documents required by Env-Hw 1003.05.

(d) If an application is approved, the applicant shall be eligible to receive HWCF monies in the form of a grant award pursuant to Env-Hw 1003.07 through Env-Hw 1003.10.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12352, eff 8-14-17 (formerly Env-Hw 1003.03); ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1003.07 Basis of Department Allocation and Award Decisions.

(a) In fulfilling its HWCF administrative responsibilities, the department shall base its recommendation to the governor on the amount of fund money to make available for HHW collection projects on the following considerations:

(1) The total amount of money available in the HWCF; and

(2) Present and anticipated needs for spending HWCF money for site cleanup operations and emergency response actions.

(b) Each fiscal year, the department shall allocate funds in the following order of priority:

(1) Type IV projects;

(2) Type III projects;

(3) Type II projects; and

(4) Type I projects.

Env-Hw 1003.08 Calculation of Grant Awards.

(a) The following definitions shall apply to the calculation of grant awards:

(1) “Base rate” means the grant funding rate, in dollars per person;

(2) “M_I” means a funding multiplier of 1.00 applicable to Type I projects;

(3) “M_II” means a funding multiplier of 1.25 applicable to Type II projects;

(4) “M_III” means a funding multiplier of 1.75 applicable to Type III projects;

(5) “M_IV” means a funding multiplier of 2.00 applicable to Type IV projects;

(6) “P_I” means the population to be served by all Type I projects in a given fiscal year;

(7) “P_II” means the population to be served by all Type II projects in a given fiscal year;

(8) “P_III” means the population to be served by all Type III projects in a given fiscal year;

(9) “P_IV” means the population to be served by all Type IV projects in a given fiscal year; and

(10) “Total grant funds available” means the amount of fund money made available for HHW collection projects in accordance with Env-Hw 1003.07(a).

(b) Each year the department shall determine the values for P_I, P_II, P_III, and P_IV, based on the applications approved for funding in accordance with Env-Hw 1003.06.

(c) Each year, the department shall calculate the base rate by dividing the total grant funds available by the sum of all of the following, as expressed in the formula below:

(1) M_I multiplied by P_I;

(2) M_II multiplied by P_II;

(3) M_III multiplied by P_III; and

(4) M_IV multiplied by P_IV.

Base Rate = Total Grant Funds Available / ((M_I x P_I) + (M_II x P_II) + (M_III x P_III) + (M_IV x P_IV))

(d) The amount of a grant award for a specific HHW collection project shall be calculated by multiplying together all of the following:

(1) The “base rate” as determined pursuant to (c), above;

(2) The funding multiplier that corresponds to the project type, as specified in (a)(2) - (5), above; and

(3) The population to be served by the project.

Source. #12352, eff 8-14-17; ss by #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1003.09 Agreement with the Department.

(a) To receive HWCF monies for a HHW collection project, the applicant shall enter into a written agreement with the department.

(b) The applicant shall specify:

(1) For each collection event covered by the grant, the location, date, and time of the event;

(2) The amount and source of the financial match for the grant;

(3) The details of the public education program that will be undertaken; and

(4) The amount of HWCF monies, calculated in accordance with Env-Hw 1003.08, to be awarded to the applicant upon completion of the project and submittal of the documentation required by Env-Hw 1003.10.

(1) Documentation demonstrating that the individual signing the agreement with the department is duly authorized to sign the agreement and expend funds for the project on behalf of the applicant;

(2) A current certificate of insurance indicating that the applicant is insured in the amounts specified in the agreement;

(3) A certification, as specified in Env-Hw 207, that the applicant is in compliance with the hazardous waste rules; and

(4) A letter of commitment from each participating municipality, if the project will include more than one municipality.

(d) The department shall make available an example of documentation demonstrating authority to sign the agreement and expend funds, as specified in (c)(1), above.

(e) The agreement shall be approved and signed by the applicant and by the commissioner or designee. The agreement shall also be subject to approval by the governor and council and the New Hampshire department of justice, office of the attorney general, as applicable.

(f) The department shall enter into an agreement with the applicant only if the applicant is in compliance with the hazardous waste rules.

Env-Hw 1003.10 Disbursement of Grants.

(a) No later than 90 days after completion of the HHW collection project, the grant recipient shall submit all of the following to the department:

(1) A letter, signed by the recipient’s duly authorized representative:

a. Requesting disbursement of grant monies as specified in the agreement entered into pursuant to Env-Hw 1003.09(a); and

b. Certifying, as specified in Env-Hw 207, the information submitted;

(2) Detailed cost and revenue information for the project, including:

a. All sources and amounts of revenue received in connection with the project; and

b. All costs incurred to conduct the project, including those related to public education and advertising;

(3) Copies of invoices and itemized receipts from the following, as applicable:

a. Hazardous waste transporters;

b. Universal waste transporters;

c. Support services, such as police; and

d. Vendors used for public education and outreach;

(4) Copies of the required educational and outreach materials;

(5) Copies of completed hazardous waste manifests associated with the disposal of HHW collected by the project;

(6) A completed Form HWM-8 “Household Hazardous Waste Collection Report Form” as amended February 2026; and

(7) Tabulated participant survey results, if any, including the questions asked and responses provided.

(b) If the grant recipient complies with (a), above, the department shall disburse the grant monies to the recipient.

(c) If the recipient submits a request that does not include all of the information required by (a), above, the department shall notify the applicant of each deficiency.

(d) If the recipient wishes to receive the grant monies, the recipient shall correct all deficiencies no later than 30 days from receipt of the notice provided pursuant to (c), above.

(e) If the recipient does not correct all deficiencies within 30 days, the department shall not award any grant monies to the recipient.

Source. #12352, eff 8-14-17; ss by #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

PART Env-Hw 1004 HOUSEHOLD DIY USED OIL COLLECTION CENTERS

Env-Hw 1004.01 Purpose. The purpose of this part is to implement RSA 147-B:6, I-d and RSA 147-B:13.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1004.02 Eligible Applicants and Purposes of Funding.

(a) A political subdivision or other government entity that is in compliance with the hazardous waste rules shall be eligible to apply for a grant from the HWCF for costs associated with:

(1) The establishment or improvement of household DIY used oil collection centers; and

(2) The offsite transportation and recycling of household DIY used oil.

(b) A non-profit organization that focuses on waste management and recycling issues, or a private business that is a registered state motor vehicle inspection station, shall be eligible to apply for a grant from the HWCF for costs to establish a household DIY used oil collection center, provided the organization or business is in compliance with the hazardous waste rules.

(d) Political subdivisions that use the same household DIY used oil collection center may combine grant awards, however in no case shall the grant awarded to a household DIY used oil collection center exceed $5,000.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1004.03 Application Requirements. An eligible applicant, as specified in Env-Hw 1004.02, seeking HWCF monies for a household DIY used oil collection center shall:

(a) Complete and submit Form HWM-9 “Household Do-It-Yourself (DIY) Used Oil Collection Center Grant Application” as amended February 2026; and

(b) If the applicant is required to register with the New Hampshire secretary of state, submit a current certificate of good standing.

Source. #14284, eff 8-1-25; ss by #14528, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 1004.04 Application Processing and Decision.

(a) The department shall review each application for HWCF monies for household DIY used oil collection centers to determine whether:

(1) The application contains all the information and documents required by Env-Hw 1004.03; and

(2) The project described in the application is consistent with RSA 147-B:13 and Env-Hw 1004.02.

(b) If the application does not meet the criteria in (a), above, the department shall notify the applicant and provide the reasons the application does not meet the criteria.

(d) If an application is approved, the applicant shall be eligible to receive HWCF monies in the form of a grant award pursuant to Env-Hw 1004.05 through Env-Hw 1004.07.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1004.05 Basis of Department Allocation and Award Decisions.

(a) In fulfilling its HWCF administrative responsibilities, the department shall base its recommendation to the governor on the amount of fund money to make available for household DIY used oil collection centers on the following considerations:

(1) The total amount of money available in the HWCF; and

(2) Present and anticipated needs for spending HWCF money for site cleanup operations and emergency response actions.

(b) Each fiscal year, the department shall allocate HWCF moneys in the following order of priority:

(1) Political subdivisions without household DIY used oil collection centers;

(2) Political subdivisions that have established household DIY used oil collection centers;

(3) Other government entities;

(4) State motor vehicle inspection stations; and

(5) Non-profit organizations.

(c) The department shall award funds to entities with approved applications in accordance with the priorities established in (b), above, until all allocated funds have been expended for the fiscal year.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1004.06 Agreement with the Department.

(a) To receive HWCF monies for a household DIY used oil collection center, the applicant shall enter into a written agreement with the department.

(b) The applicant shall specify:

(1) The name and location of the household DIY used oil collection center;

(2) The products and services to be covered by the work plan; and

(3) The amount of HWCF monies, calculated in accordance with Env-Hw 1004.05, to be awarded to the applicant upon completion of the work plan and submittal of the documentation required by Env-Hw 1004.07.

(1) Documentation demonstrating that the individual signing the agreement with the department is duly authorized to sign the agreement and expend funds for the project on behalf of the applicant;

(2) A current certificate of insurance indicating that the applicant is insured in the amounts specified in the agreement;

(3) A certification, as specified in Env-Hw 207, that the applicant is in compliance with the hazardous waste rules; and

(4) A letter of commitment from each municipality, if the household DIY used oil collection center is owned or operated by more than one municipality.

(d) The department shall make available an example of documentation demonstrating authority to sign the agreement and expend funds, as specified in (c)(1), above.

(f) The department shall enter into an agreement with the applicant only if the applicant is in compliance with the hazardous waste rules.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1004.07 Disbursement of Grants.

(a) No later than 90 days after completion of the work plan, the grant recipient shall submit all of the following to the department:

(1) A letter, signed by the recipient’s duly authorized representative:

a. Requesting disbursement of grant monies as specified in the agreement entered into pursuant to Env-Hw 1004.06(a); and

b. Certifying, as specified in Env-Hw 207, the information submitted;

(2) Detailed cost information, including all costs incurred to administer the work plan;

(3) Copies of invoices and itemized receipts for the products or services identified in the work plan; and

(4) Copies of bills of lading that accompanied any shipments of used oil, as applicable.

(b) If the grant recipient complies with (a), above, the department shall disburse the grant monies to the recipient.

(c) If the recipient submits a request that does not include all of the information required by (a), above, the department shall notify the applicant of each deficiency.

(d) If the recipient wishes to receive the grant monies, the recipient shall correct all deficiencies no later than 30 days from receipt of the notice provided pursuant to (c), above.

(e) If the recipient does not correct all deficiencies within 30 days, the department shall not award any grant monies to the recipient.

Source. #14284, eff 8-1-25, EXPIRES: 8-1-35

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)	State Statute(s)	Federal Regulation(s)
Env-Hw 1000	RSA 147-B:6; RSA 147-B:7; RSA 147-B:13	N/A
Env-Hw 1003.05; Env-Hw 1003.10	RSA 147-B:6; RSA 147-B:7	N/A
Env-Hw 1004.03	RSA 147-B:6; RSA 147-B:7; RSA 147-B:13	N/A

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

III. “Disposal” means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

IV. “Facility” means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

VI. “Generator” means any person who owns or operates a facility where hazardous waste is generated.

VII. “Hazardous waste” means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954, as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. “Hazardous waste management” means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

X. “Manifest” means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

XI. “Operator” means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. “Owner” means any person who, either directly or indirectly owns a facility. The term “owner” does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. “Person” means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. “Spent material” means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XIII. “Storage” means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIV. "Trade secret'' means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XV. “Transport” means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. “Transporter” means any person who transports hazardous waste.

XVII. “Treatment” means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. “Waste” means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended.

RSA 147-B:2

III. “Facility” means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

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

40 CFR 260.4

(a) In any case in which the state in which waste is generated, or the state in which waste will be transported to a designated facility, requires that the waste be regulated as a hazardous waste or otherwise be tracked through a hazardous waste manifest, the designated facility that receives the waste shall, regardless of the state in which the facility is located:

(1) Complete the facility portion of the applicable manifest;

(2) Sign and date the facility certification;

(3) Submit to the e-Manifest system a final copy of the manifest for data processing purposes; and

(4) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.5

(a) For purposes of this section, “state-only regulated waste” means:

(1) A non-RCRA waste that a state regulates more broadly under its state regulatory program, or

(2) A RCRA hazardous waste that is federally exempt from manifest requirements, but not exempt from manifest requirements under state law.

(b) In any case in which a state requires a RCRA manifest to be used under state law to track the shipment and transportation of a state-only regulated waste to a receiving facility, the facility receiving such a waste shipment for management shall:

(1) Comply with the provisions of §§ 264.71 (use of the manifest) and 264.72 (manifest discrepancies) of this chapter; and

(2) Pay the appropriate per manifest fee to EPA for each manifest submitted to the e-Manifest system, subject to the fee determination methodology, payment methods, dispute procedures, sanctions, and other fee requirements specified in subpart FF of part 264 of this chapter.

40 CFR 260.10

Act or RCRA means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 U.S.C. section 6901 et seq.

Administrator means the Administrator of the Environmental Protection Agency, or his designee.

Aerosol can means a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

Aquifer means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

Authorized representative means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

Battery means a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Boiler means an enclosed device using controlled flame combustion and having the following characteristics:

(1)(i) The unit must have physical provisions for recovering and exporting thermal energy in the form of steam, heated fluids, or heated gases; and

(ii) The unit’s combustion chamber and primary energy recovery sections(s) must be of integral design. To be of integral design, the combustion chamber and the primary energy recovery section(s) (such as waterwalls and superheaters) must be physically formed into one manufactured or assembled unit. A unit in which the combustion chamber and the primary energy recovery section(s) are joined only by ducts or connections carrying flue gas is not integrally designed; however, secondary energy recovery equipment (such as economizers or air preheaters) need not be physically formed into the same unit as the combustion chamber and the primary energy recovery section. The following units are not precluded from being boilers solely because they are not of integral design: process heaters (units that transfer energy directly to a process stream), and fluidized bed combustion units; and

(iii) While in operation, the unit must maintain a thermal energy recovery efficiency of at least 60 percent, calculated in terms of the recovered energy compared with the thermal value of the fuel; and

(iv) The unit must export and utilize at least 75 percent of the recovered energy, calculated on an annual basis. In this calculation, no credit shall be given for recovered heat used internally in the same unit. (Examples of internal use are the preheating of fuel or combustion air, and the driving of induced or forced draft fans or feedwater pumps); or

(2) The unit is one which the Regional Administrator has determined, on a case-by-case basis, to be a boiler, after considering the standards in § 260.32.

Certification means a statement of professional opinion based upon knowledge and belief.

Confined aquifer means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.

Contingency plan means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten human health or the environment.

Dike means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

Electronic manifest (or e-Manifest) means the electronic format of the hazardous waste manifest that is obtained from EPA’s national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700–22 (Manifest) and 8700–22A (Continuation Sheet).

Electronic Manifest System (or e-Manifest System) means EPA’s national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

Explosives or munitions emergency means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

Explosives or munitions emergency response means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

Explosives or munitions emergency response specialist means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

Free liquids means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

Ground water means water below the land surface in a zone of saturation.

Incompatible waste means a hazardous waste which is unsuitable for:

(1) Placement in a particular device or facility because it may cause corrosion or decay of containment materials (e.g., container inner liners or tank walls); or

(2) Commingling with another waste or material under uncontrolled conditions because the commingling might produce heat or pressure, fire or explosion, violent reaction, toxic dusts, mists, fumes, or gases, or flammable fumes or gases.

(See appendix V of parts 264 and 265 of this chapter for examples.)

Injection well means a well into which fluids are injected. (See also “underground injection”.)

Inner liner means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

International shipment means the transportation of hazardous waste into or out of the jurisdiction of the United States.

Lamp, also referred to as “universal waste lamp”, is defined as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples of common universal waste electric lamps include, but are not limited to, fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium, and metal halide lamps.

Land treatment facility means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

Leachate means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

Liner means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

Military munitions means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE’s nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

Mining overburden returned to the mine site means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, is also considered on-site property.

Pesticide means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that:

(1) Is a new animal drug under FFDCA section 201(w), or

(2) Is an animal drug that has been determined by regulation of the Secretary of Health and Human Services not to be a new animal drug, or

(3) Is an animal feed under FFDCA section 201(x) that bears or contains any substances described by paragraph (1) or (2) of this definition.

Pile means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

Point source means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

Recognized trader means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

Representative sample means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Run-on means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

State means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Surface impoundment or impoundment means a facility or part of a facility which is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials (although it may be lined with man-made materials), which is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and which is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support.

Tank system means a hazardous waste storage or treatment tank and its associated ancillary equipment and containment system.

Totally enclosed treatment facility means a facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.

Transport vehicle means a motor vehicle or rail car used for the transportation of cargo by any mode. Each cargo-carrying body (trailer, railroad freight car, etc.) is a separate transport vehicle.

Transportation means the movement of hazardous waste by air, rail, highway, or water.

Treatability Study means a study in which a hazardous waste is subjected to a treatment process to determine: (1) Whether the waste is amenable to the treatment process, (2) what pretreatment (if any) is required, (3) the optimal process conditions needed to achieve the desired treatment, (4) the efficiency of a treatment process for a specific waste or wastes, or (5) the characteristics and volumes of residuals from a particular treatment process. Also included in this definition for the purpose of the § 261.4 (e) and (f) exemptions are liner compatibility, corrosion, and other material compatibility studies and toxicological and health effects studies. A ‘‘treatability study’’ is not a means to commercially treat or dispose of hazardous waste.

United States means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

Universal Waste Transporter means a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.

Vessel includes every description of watercraft, used or capable of being used as a means of transportation on the water.

Wipe means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

40 CFR 261.1(c)(3)

A “by-product” is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public’s use and is ordinarily used in the form it is produced by the process.

40 CFR 261.1(c)(6)

“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

40 CFR 261.1(c)(9)

“Excluded scrap metal” is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

40 CFR 261.1(c)(10)

“Processed scrap metal” is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (§ 261.4(a)(14)).

40 CFR 261.1(c)(11)

“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

40 CFR 261.1(c)(12)

“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

40 CFR 261.4(a)(1)(ii)

“Domestic Sewage” means untreated sanitary wastes that pass through a sewer system.

40 CFR 262.81

EPA Acknowledgment of Consent (AOC) means the letter EPA sends to the exporter documenting the specific terms of the country of import’s consent and the country(ies) of transit’s consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.

Exporter, also known as primary exporter on the RCRA hazardous waste manifest, means the person domiciled in the United States who is required to originate the movement document in accordance with § 262.83(d) or the manifest for a shipment of hazardous waste in accordance with subpart B of this part, or equivalent State provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.

Importer means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.

40 CFR 266.500

Evaluated hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has been evaluated by a reverse distributor in accordance with § 266.510(a)(3) and will not be sent to another reverse distributor for further evaluation or verification of manufacture credit.

Hazardous waste pharmaceutical means a pharmaceutical that is a solid waste, as defined in § 261.2, and exhibits one or more characteristics identified in part 261 subpart C or is listed in part 261 subpart D. A pharmaceutical is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it is legitimately used/reused (e.g., lawfully donated for its intended purpose) or reclaimed. An over-the-counter pharmaceutical, dietary supplement, or homeopathic drug is not a solid waste, as defined in § 261.2, and therefore not a hazardous waste pharmaceutical, if it has a reasonable expectation of being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed.

Healthcare facility means any person that is lawfully authorized to—

(1) Provide preventative, diagnostic, therapeutic, rehabilitative, maintenance or palliative care, and counseling, service, assessment or procedure with respect to the physical or mental condition, or functional status, of a human or animal or that affects the structure or function of the human or animal body; or

(2) Distribute, sell, or dispense pharmaceuticals, including over-the-counter pharmaceuticals, dietary supplements, homeopathic drugs, or prescription pharmaceuticals. This definition includes, but is not limited to, wholesale distributors, third-party logistics providers that serve as forward distributors, military medical logistics facilities, hospitals, psychiatric hospitals, ambulatory surgical centers, health clinics, physicians’ offices, optical and dental providers, chiropractors, long-term care facilities, ambulance services, pharmacies, long-term care pharmacies, mail-order pharmacies, retailers of pharmaceuticals, veterinary clinics, and veterinary hospitals. This definition does not include pharmaceutical manufacturers, reverse distributors, or reverse logistics centers.

Long-term care facility means a licensed entity that provides assistance with activities of daily living, including managing and administering pharmaceuticals to one or more individuals at the facility. This definition includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Not included within the scope of this definition are group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities.

Non-creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used/reused or reclaimed. This includes but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals.

Pharmaceutical means any drug or dietary supplement for use by humans or other animals; any electronic nicotine delivery system (e.g., electronic cigarette or vaping pen); or any liquid nicotine (e-liquid) packaged for retail sale for use in electronic nicotine delivery systems (e.g., pre-filled cartridges or vials). This definition includes, but is not limited to, dietary supplements, as defined by the Federal Food, Drug and Cosmetic Act; prescription drugs, as defined by 21 CFR 203.3(y); over-the-counter drugs; homeopathic drugs; compounded drugs; investigational new drugs; pharmaceuticals remaining in non-empty containers; personal protective equipment contaminated with pharmaceuticals; and clean-up material from spills of pharmaceuticals. This definition does not include dental amalgam or sharps.

Potentially creditable hazardous waste pharmaceutical means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and is—

(1) In original manufacturer packaging (except pharmaceuticals that were subject to a recall);

(2) Undispensed; and

(3) Unexpired or less than one year past expiration date. The term does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals including, but not limited to, over-the-counter drugs, homeopathic drugs, and dietary supplements.

Reverse distributor means any person that receives and accumulates prescription pharmaceuticals that are potentially creditable hazardous waste pharmaceuticals for the purpose of facilitating or verifying manufacturer credit. Any person, including forward distributors, third-party logistics providers, and pharmaceutical manufacturers, that processes prescription pharmaceuticals for the facilitation or verification of manufacturer credit is considered a reverse distributor.

40 CFR 268.2(c)

Land disposal means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

40 CFR 270.2

Site means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

40 CFR 273.2(c)(2)

An unused battery becomes a waste on the date the handler decides to discard it.

40 CFR 273.3(c)(1)

A recalled pesticide described in paragraph (a)(1) of this section becomes a waste on the first date on which both of the following conditions apply:

(i) The generator of the recalled pesticide agrees to participate in the recall; and

(ii) The person conducting the recall decides to discard (e.g., burn the pesticide for energy recovery).

40 CFR 273.3(c)(2)

An unused pesticide product described in paragraph (a)(2) of this section becomes a waste on the date the generator decides to discard it.

40 CFR 273.4(c)(2)

Unused mercury-containing equipment becomes a waste on the date the handler decides to discard it.

40 CFR 273.5(c)(2)

An unused lamp becomes a waste on the date the handler decides to discard it.

40 CFR 273.6(c)(2)

An unused aerosol can becomes a waste on the date the handler decides to discard it.

40 CFR 273.13(e)(4)(i)

Conduct puncturing and draining activities using a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions thereof.

40 CFR 273.33(c)(2)

A large quantity handler of universal waste may remove mercury-containing ampules from universal waste mercury-containing equipment provided the handler:

(i) Removes and manages the ampules in a manner designed to prevent breakage of the ampules;

(ii) Removes the ampules only over or in a containment device (e.g., tray or pan sufficient to collect and contain any mercury released from an ampule in case of breakage);

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks of broken ampules from that containment device to a container that is subject to all applicable requirements of 40 CFR parts 260 through 272;

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container is subject to all applicable requirements of 40 CFR parts 260 through 272;

(v) Ensures that the area in which ampules are removed is well ventilated and monitored to ensure compliance with applicable OSHA exposure levels for mercury;

(vi) Ensures that employees removing ampules are thoroughly familiar with proper waste mercury handling and emergency procedures, including transfer of mercury from containment devices to appropriate containers;

(vii) Stores removed ampules in closed, non-leaking containers that are in good condition;

(viii) Packs removed ampules in the container with packing materials adequate to prevent breakage during storage, handling, and transportation;

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).

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