CHAPTER
Env-Hw 1200 LAND DISPOSAL RESTRICTIONS
Statutory
Authority: RSA 147-A:3
PART
Env-Hw 1201 PURPOSE, APPLICABILITY, AND
EXEMPTIONS
Env-Hw 1201.01 Purpose. The purpose of this chapter is to establish
requirements for land disposal of hazardous wastes.
Source.
#12354, eff 8-14-17; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35
Env-Hw
1201.02 Applicability. This chapter shall apply to any person who
generates or transports hazardous waste and to any owner or operator of
hazardous waste treatment, storage, and disposal facilities, except as provided
in Env-Hw 1201.03 or in 40 CFR Part 268 as incorporated by reference in Env-Hw
1202.01.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff
7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35
Env-Hw
1201.03 Exemptions. This chapter shall not apply to:
(a) NH-only wastes; or
(b) Wastes generated by very small quantity
generators.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff
7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35
PART
Env-Hw 1202 LAND DISPOSAL RESTRICTIONS
Env-Hw
1202.01 Federal Requirements
Incorporated. Except as specified in
Env-Hw 1202.02, the federal land disposal requirements in 40 CFR Part 268 are
incorporated by reference, including the applicable test methods identified in
40 CFR 260.11(c)(4) that are published in “Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods,” EPA publication SW-846, available as noted
in Appendix B.
Source.
#12354, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff
7-23-22; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35
Env-Hw 1202.02 Amendments, Exceptions, and Modifications
to Incorporated Federal Requirements.
The following amendments, exceptions, and modifications shall apply to
the incorporated requirements:
(a)
Delete the following provisions of 40 CFR 268, which are administered
and enforced by EPA, not by the department:
(1) 40 CFR 268.5, 268.6, 268.42(b) and 268.44(a)
through (g), relative to case-by-case extensions, exemptions, alternative
treatment methods, and variances;
(2) “Effective dates” referenced within 40 CFR
268.20 through 40 CFR 268.50 that are earlier than August 14, 2017; and
(3) “Effective dates” listed within 40 CFR 268
Appendices VII and VIII that are earlier than August 14, 2017;
(b)
Delete the following provisions of 40 CFR 268, because Env-Hw 701.03(a)
prohibits the use of underground injection wells as a means of disposal of
hazardous waste within the state:
(1) All of 40 CFR 268.1(c)(3);
(2) In 40 CFR 268.7(a)(7), the phrase “or are
managed in an underground injection well regulated by the SDWA”;
(3) In 40 CFR 268.37(a), the phrase “or that
inject in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA),”;
(4) All of 40 CFR 268.37(b);
(5) In 40 CFR 268.38(a), the phrase “or that are
injected in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA),”;
(6) In 40 CFR 268.38(b) and 40 CFR 268.39(b), the
phrase “or that inject in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA),”;
(7) In 40 CFR 268.40(e), the phrase “or that is
injected into a Class I nonhazardous deep injection well,”; and
(8) In 40 CFR 268.40/Table “Treatment Standards
for Hazardous Wastes”, footnote 9;
(c)
Amend 40 CFR 268.1(e)(1) by replacing “§260.10 of this chapter” with “Env-Hw
104”;
(d)
Amend 40 CFR 268.1(f) to read as follows: “Universal waste handlers and
universal waste transporters that manage universal waste in compliance with
Env-Hw 1100 are exempt from the requirements of 40 CFR 268.7 and 268.50.”;
(e)
Amend 40 CFR 268.3(a)
by adding the following: “Any deliberate mixing of one or more prohibited
hazardous wastes with debris that changes its treatment classification from
waste to debris or hazardous debris shall be prohibited.”;
(f)
Delete 40 CFR 268.3(b), regarding exceptions to the dilution
prohibition;
(g) Amend 40 CFR 268.7(a)(5) by replacing “40 CFR
262.15, 262.16, and 262.17” with “Env-Hw 500”;
(h)
Amend 40 CFR 268.7(a)(8) by changing the last sentence to read as
follows: “The requirements of this
paragraph apply to wastes even when the hazardous characteristic is removed
prior to disposal or when the waste is exempt from regulation subsequent to the
point of generation.”;
(i)
Amend 40 CFR 268.7(a)(9)(iii) by replacing “D001-D043” with “D001-D008 and
D010-D043”;
(j)
Delete 40 CFR 268.7(a)(10), regarding the exemption for tolling
agreements;
(k) Amend 40 CFR 268.50(a)(1) by replacing
“§§262.16 and 262.17 and parts 264 and 265 of this chapter” with “Env-Hw 509
and Env-Hw 700”;
(l)
Amend 40 CFR
268.50(a)(2)(i)(B) to read as follows: “All applicable EPA and NH hazardous
waste numbers”; and
(m)
Delete 40 CFR 268.50(g), regarding hazardous remediation wastes stored in a staging pile.
Source.
#12354, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14285, eff
8-1-25, EXPIRES: 8-1-35
Env-Hw 1202.03 Requirement to Obtain Permit. Treatment of hazardous waste to achieve
compliance with the land disposal restrictions of this chapter shall be subject
to the permitting requirements of Env-Hw 300.
Source.
#12354, eff 8-14-17; ss by #14285, eff 8-1-25, EXPIRES: 8-1-35
Env-Hw 1202.04 Management and Disposal of Hazardous
Debris and Contaminated Soil.
Hazardous debris or contaminated soil that has been treated to comply
with this chapter such that it is no longer regulated as hazardous waste shall
instead be managed and disposed of in accordance with Env-Or 611 and Env-Sw 903, as applicable.
Source.
#12354, eff 8-14-17; ss by #14285, 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 1200 |
RSA
147-A:3, IV and VI |
40
CFR 268 |
Appendix B:
Incorporation by Reference Information
|
Rule |
Title |
Obtain
at: |
|
Env-Hw
1202.01 |
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
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).
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 |