CHAPTER Env-Hw 1300 HAZARDOUS
WASTE PHARMACEUTICALS
Statutory Authority: RSA 147-A:3
PART Env-Hw 1301 PURPOSE,
APPLICABILITY, AND EXEMPTIONS
Env-Hw
1301.01 Purpose. The purpose of this chapter is to establish
requirements for management of hazardous waste pharmaceuticals.
Source. #13407, eff 7-23-22
Env-Hw
1301.02 Applicability. This chapter shall apply to healthcare
facilities and reverse distributors, except as provided in 40 CFR 266
Subpart P as incorporated by reference in Env-Hw 1302.01.
Source. #13407, eff 7-23-22
Env-Hw 1301.03 Exemptions. This chapter shall not apply to NH-only
wastes.
Source. #13407, eff 7-23-22
PART Env-Hw 1302 HAZARDOUS WASTE PHARMACEUTICALS
Env-Hw
1302.01 Federal Requirements
Incorporated. Subject to the
amendments specified in Env-Hw 1302.02, the provisions for management of
hazardous waste pharmaceuticals in 40 CFR 266 Subpart P shall apply in New
Hampshire.
Source. #13407, eff 7-23-22
Env-Hw
1302.02 Amendments to Incorporated
Federal Requirements. The following
amendments shall apply to the incorporated requirements:
(a) Amend 40 CFR 266.500 by:
(1) Deleting the definition of “household waste pharmaceutical” and replacing it
with “Household waste pharmaceutical means a pharmaceutical that is a
household waste and is excluded from regulation as a hazardous waste pursuant
to RSA 147-A:2, VII(b).”; and
(2) Deleting the definition of “non-pharmaceutical hazardous waste” and replacing it
with “Non-pharmaceutical hazardous waste means a hazardous waste that is
not a pharmaceutical.”;
(b) Amend 40 CFR 266.501 as follows:
(1) Amend 40 CFR 266.501(a) and (b) to read as follows:
“(a) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it
generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its
non-pharmaceutical hazardous waste, remains subject to Env-Hw 500 and is not
subject to this subpart, except for §§ 266.505 and 266.507 and the optional
provisions of § 266.504.
(b) A healthcare facility that is a very small
quantity generator when counting
all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste
pharmaceuticals and its non-pharmaceutical hazardous waste, has the option of
complying with § 266.501(d) for the management of its hazardous waste
pharmaceuticals as an alternative to complying with Env-Hw 500 and the optional
provisions of § 266.504.”;
(2) Amend 40 CFR 266.501(d)
introductory language and (e) by replacing “parts 262 through 265” and with
“Env-Hw 500 through Env-Hw 700”;
(3) Amend 40 CFR 266.501(f) by replacing “40 CFR part 262” with “Env-Hw 500”; and
(4) Amend 40 CFR 266.501(g) introductory language by replacing “40 CFR parts 260
through 273” and with “the hazardous waste rules”;
(c) Amend 40 CFR 266.502 as follows:
(1) Amend 40 CFR 266.502(a) to read as follows:
“(a) Notification
and withdrawal from this subpart for healthcare facilities managing hazardous
waste pharmaceuticals—
(1) Notification. A healthcare facility shall
notify the department that it is a healthcare facility operating under this
subpart, by completing and submitting to the department Form HWM-2 “RCRA C Site Identification Form”
as amended August 2025, and the following certification: “I certify, in
accordance with Env-Hw 207, under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.” When completing item 10 of the form, in lieu
of providing a narrative description, EPA and state hazardous waste numbers,
and estimated quantity generated per month for its hazardous waste
pharmaceuticals, a healthcare facility shall enter the word
“pharmaceuticals”. A healthcare facility
shall submit a separate Form
HWM-2 “RCRA C Site Identification Form” as amended August 2025, for each site or EPA identification number.
(i) A healthcare facility that already has an EPA
identification number shall notify the department, using Form HWM-2 “RCRA C Site Identification Form”
as amended August 2025, that it
is a healthcare facility within 60 days of the effective date of this subpart,
or within 60 days of becoming subject to this subpart.
(ii) A healthcare facility that does not have an
EPA identification number shall obtain one by notifying the department,
using Form HWM-2 “RCRA C Site
Identification Form” as amended August 2025, that it is a healthcare facility within 60 days of the effective date
of this subpart, or within 60 days of becoming subject to this subpart.
(iii) A healthcare facility shall
keep a copy of its notification on file for as long as the healthcare facility
is subject to this subpart.
(2) Withdrawal. A healthcare facility that
operated under this subpart but is no longer subject to this subpart, because
it is a very small quantity generator under Env-Hw 500 when counting all its
hazardous waste, and elects to withdraw from this subpart, shall notify the
department using Form HWM-2
“RCRA C Site Identification Form” as amended August 2025, that it is no longer operating under this
subpart. A healthcare facility that is withdrawing from this subpart shall
provide all applicable EPA and state hazardous waste numbers for its hazardous
waste pharmaceuticals in item 10 of the form. A healthcare facility shall
submit a separate Form HWM-2
“RCRA C Site Identification Form” as amended August 2025, for each EPA identification number.
(i) A healthcare facility shall submit Form HWM-2 “RCRA C Site Identification Form”
as amended August 2025, notifying
that it is withdrawing from this subpart before it begins operating under
Env-Hw 500.
(ii) A healthcare facility shall keep a copy of
its withdrawal on file for 3 years from the date of signature on the notification of its withdrawal.”;
(2) Amend 40 CFR 266.502(g) by adding after “40 CFR part 268” the following: “,
incorporated by reference in Env-Hw 1202”;
(3) Amend 40 CFR 266.502(h) by
adding the following:
“(5) If a returned shipment is accompanied by a
paper manifest or an electronic manifest that was printed for the healthcare facility’s signature, submit a copy of the signed
manifest to the department within 5 days of receipt of the returned shipment.”;
(4) Amend 40 CFR 266.502(i) by
adding the following:
“(4) A healthcare facility shall be subject to the
quarterly reporting requirements of Env-Hw 512.02 with respect to
non-creditable hazardous waste pharmaceuticals.”;
(5) Amend 40 CFR 266.502(j)(1) to read as follows:
“(1) A healthcare facility shall keep a copy of
each manifest signed in accordance with Env-Hw 510.02 and each signed copy from
the designated facility that received the non-creditable hazardous waste
pharmaceuticals for 3 years from the date of signature by the healthcare
facility. A healthcare facility may rely on the electronic manifest system to
satisfy manifest recordkeeping requirements only if the healthcare facility has
registered in the electronic manifest system and has established access to manifest
records stored therein, except as follows:
(i) For shipments using an
electronic manifest that was printed for the healthcare facility’s signature, the healthcare facility shall retain the paper copy of the electronic
manifest with the healthcare facility’s signature for three years from the date
of signature by the healthcare facility.
(ii) For shipments using a paper manifest, a
healthcare facility that has registered in the electronic manifest system shall retain the copy of the manifest signed in accordance with
Env-Hw 510.02 until such time as the healthcare facility verifies, in the
electronic manifest system, receipt of the shipment by the designated
facility.”;
(6) Amend 40 CFR 266.502(j)(3) by replacing “§ 262.11(f)” with “Env-Hw 502.01”;
(7) Amend 40 CFR 266.502(j) by
adding the following:
“(6) A healthcare facility shall keep a copy of
each quarterly activity report for 3 years from the due date of the report.”;
(8) Amend 40 CFR 266.502(l) introductory language by replacing “§ 262.14”
with “Env-Hw 500”; and
(9) Amend 40 CFR 266.502(l)(1) by:
a. Replacing “(as defined in § 260.10)” with “(as defined
in Env-Hw 104)”; and
b. Replacing “§ 260.10 of this chapter” with “Env-Hw 104”;
(d) Amend 40 CFR 266.503 as follows:
(1) Amend 40 CFR 266.503(b) introductory language by replacing “§ 262.14”
with “Env-Hw 500”; and
(2) Amend 40 CFR 266.503(b)(1) by replacing “§ 260.10” with “Env-Hw 104”;
(e) Amend 40 CFR 266.504 as follows:
(1) Amend 40 CFR 266.504(b)(2) to read as follows:
“(2) The very small quantity generator healthcare
facility meets the conditions of Env-Hw 508.02(h)(4)a. and the receiving small
or large quantity generator meets the conditions in Env-Hw 509.02(e)”; and
(2) Amend 40 CFR 266.504(d) to read as follows:
“(d) Long-term care facilities with 20 beds or fewer. A
long-term care facility with 20
beds or fewer shall determine the
applicability of 40 CFR 266 Subpart P in accordance with 40 CFR 266.501, as
amended by Env-Hw 1302.02(b).”;
(f) Amend 40 CFR 266.505 by replacing “§ 262.14”
with “Env-Hw 500”;
(g) Amend 40 CFR 266.506(a) introductory language
by replacing “40 CFR parts 262 through 273” with “Env-Hw 300 and Env-Hw 500
through Env-Hw 1300”;
(h) Amend 40 CFR 266.507 as follows:
(1) Amend 40 CFR 266.507(c) by
replacing “defined in § 261.7(b)(1) of this subchapter” with “specified in
Env-Hw 401.03(d)(1)”; and
(2) Amend 40 CFR 266.507(d) by
replacing “defined in § 261.7(b)(1) or (2) of this subchapter” with “specified
in Env-Hw 401.03(d)(1) or (2), as applicable”;
(i) Amend 40 CFR 266.508 as follows:
(1) Amend 40 CFR 266.508(a)(2) by
replacing “40 CFR part 262 subpart B” with “Env-Hw 510 and Env-Hw 511.02”;
(2) Amend 40 CFR 266.508(a)(2)(i) by replacing “EPA Form 8700–22” with “the
manifest”; and
(3) Amend 40 CFR
266.508(a)(2)(ii), as amended effective March 21, 2025, by Federal Register
volume 89, page 99727, dated December 11, 2024, and Federal Register volume 90,
page 9010, dated February 5, 2025, by replacing both instances of “EPA Form 8700–22” with “the manifest”; and
(j) Amend 40 CFR 266.510 as follows:
(1) Amend 40 CFR 266.510(a)(1) to read as follows:
“(1) Notification. A reverse distributor shall
notify the department that it is a reverse distributer operating under this
subpart, by completing and submitting to the department Form HWM-2 “RCRA C Site Identification Form”
as amended August 2025, and the following certification: “I certify, in
accordance with Env-Hw 207, under penalty of law that this document and all
attachments were prepared under my direction or supervision in accordance with
a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons
directly responsible for gathering the information, the information submitted
is, to the best of my knowledge and belief, true, accurate, and complete. I am
aware that there are significant penalties for submitting false information,
including the possibility of fines and imprisonment for knowing violations.”
(i) A reverse distributor that already has an EPA
identification number shall notify the department, using Form HWM-2 “RCRA C Site Identification Form”
as amended August 2025, that it
is a reverse distributor, as defined in § 266.500, within 60 days of the
effective date of this subpart, or within 60 days of becoming subject to this
subpart.
(ii) A reverse distributor that does not have an
EPA identification number shall obtain one by notifying the department, using a
Form HWM-2 “RCRA C Site
Identification Form” as amended August 2025, that it is a reverse distributor, as defined in § 266.500, within 60
days of the effective date of this subpart, or within 60 days of becoming
subject to this subpart.”;
(2) Amend 40 CFR 266.510(a)(7) by
replacing “40 CFR part 262 subpart M” with “Env-Hw 509.02(a)(5)”;
(3) Amend 40 CFR 266.510(a)(8) by replacing “§ 262.17(a)(8)(ii) and (iii)” with
“Env-Hw 513.05”;
(4) Amend 40 CFR 266.510(c)(3) by replacing “§ 262.17(a)(7)” with
“Env-Hw 509.02(a)(6)”;
(5) Amend 40 CFR 266.510(c)(7) by adding the following: “(v) If a returned
shipment is accompanied by a paper manifest or an electronic manifest that was
printed for the reverse distributor’s signature, submit a copy of the signed
manifest to the department within 5 days of receipt of the returned shipment.”;
(6) Amend 40 CFR 266.510(c)(8) by adding after “40 CFR part 268” the following
words: “, incorporated by reference in Env-Hw 1202”;
(7) Amend 40 CFR 266.510(c)(9) by adding the following: “(iii) A reverse
distributor shall be subject to the quarterly reporting requirements of Env-Hw
512.02 with respect to evaluated hazardous waste pharmaceuticals.”;
(8) Amend 40 CFR
266.510(c)(10)(ii) to read as follows:
“(ii) A reverse distributor shall keep a copy of
each manifest signed in accordance with Env-Hw 510.02 and each signed copy from
the designated facility that received the evaluated hazardous waste pharmaceuticals for 3 years from the date of signature by the
reverse distributor. A reverse distributor may rely on the electronic manifest
system to satisfy manifest recordkeeping requirements only if the reverse
distributor has registered in the electronic manifest system and has
established access to manifest records stored therein, except as follows:
(A) For shipments using an
electronic manifest that was printed for the reverse distributor’s signature, the reverse distributor shall retain the paper copy of the electronic
manifest with the reverse distributor’s signature for 3 years from the date of
signature by the reverse distributor.
(B) For shipments using a paper
manifest, a reverse distributor that has registered in the electronic manifest system shall retain the copy of the manifest with the reverse
distributor’s signature until such time as the reverse distributor verifies, in
the electronic manifest system, receipt of the shipment by the designated
facility.”;
(9) Amend 40 CFR 266.510(c)(10)(v) by replacing “§ 262.17(a)(7)(iv)” with
“Env-Hw 509.02(a)(2)”;
(10) Amend 40 CFR 266.510(c)(10)
by adding the following:
“(vii) A reverse distributor shall keep a copy of
each quarterly activity report for 3 years from the due date of the report.”;
and
(11) Amend 40 CFR 266.510(d) introductory language by replacing “40 CFR parts 264,
265, and 267 and the permit requirements of 40 CFR part 270” with “Env-Hw 700
and the permit requirements of Env-Hw 300”.
Source. #13407, eff 7-23-22; ss by #14281, 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 1300 |
RSA 147-A:3, I-VI; RSA 147-B:7; RSA
147-B:8; RSA 147-B:9; RSA
147-B:11 |
40 CFR 266 Subpart
P |
Appendix B: Incorporation
by Reference Information
[None in this Chapter]
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.
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.
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.
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.
“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.
“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.
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.
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 |