CHAPTER Env-Hw 1400 REQUIREMENTS FOR MANAGEMENT OF USED OIL BEING RECYCLED

Statutory Authority: RSA 147-A:3; RSA 147-B:7

Revision Note:

Document #14282, effective 8-1-25, readopted with amendments Part Env-Hw 807 titled “Requirements for Management of Used Oil Being Recycled” and renumbered the rule as a new Chapter Env-Hw 1400 titled “Requirements for Management of Used Oil Being Recycled”, containing Part Env-Hw 1401 through Part Env-Hw 1410. Part Env-Hw 807 was reserved for future rulemaking.

Document #14282 extensively amended and renumbered the rules in the former Part Env-Hw 807 by amending existing rules, deleting existing rules, and adopting new rules. Document #14282 replaces all prior filings affecting the former Part Env-Hw 807. The filings affecting the former Part Env-Hw 807 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#6384-B, eff 11-26-96

#6385-B, eff 11-26-96

#7333, eff 8-1-00

#7578, eff 10-13-01

#9215, INTERIM, eff 8-1-08

(See Revision Note at chapter heading for Env-Hw 800)

#9367, eff 1-28-09

#10205, eff 10-19-12

#12350, eff 8-14-17

#12922, eff 11-23-19

PART Env-Hw 1401 PURPOSE; DEFINITIONS

Env-Hw 1401.01 Purpose. The purpose of this chapter is to identify wastes subject to regulation as used oil and to set forth requirements for used oil handlers.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1401.02 Definitions. For purposes of this chapter, the following definitions shall apply:

(a) “Automotive used oil” means any lubricating oil that is reclaimable and classified for use in an internal combustion engine, transmission, gear box, brake system, hydraulic system, or differential of a motor vehicle, boat, or off-highway recreational vehicle, or in commercial or household power equipment, including but not limited to heavy machinery, chainsaws, portable generators, and pumps. The term does not include mixtures of oil and gasoline intended for use as a fuel;

(b) “Commercial used oil collection center” means any site or facility that accepts, aggregates, and stores used oil collected from used oil generators regulated under this chapter in shipments of no more than 55 gallons under the provisions of Env-Hw 1406.05(c) and (d). A commercial used oil collection center can also accept household DIY used oil from household DIY used oil generators;

(c) “Existing tank” means a tank that is used for the storage or processing of used oil and that is in operation, or for which installation has commenced on or prior to the 2025 effective date of this chapter. Installation will be considered to have commenced if the owner or operator has obtained all federal, state, and local approvals or permits necessary to begin installation of the tank and if either:

(1) A continuous on-site installation program has begun; or

(2) The owner or operator has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for installation of the tank to be completed within a reasonable time;

(d) “Processing” means “processing” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(e) “Re-refining” means a processing operation that might include settling, filtering, catalytic conversion, fractional or vacuum distillation, hydrotreating, polishing, or a combination thereof, that produces specification fuel, reconstituted lubricating oils or fluids, distillate fuel, lube feedstock, asphaltic bottoms, other non-fuel derived products, or a combination thereof;

(f) “Used oil aggregation point” means any site or facility that accepts, aggregates, and stores used oil collected only from other used oil generation sites owned or operated by the owner or operator of the aggregation point, from which used oil is transported to the aggregation point in shipments of no more than 55 gallons under the provisions of Env-Hw 1406.05(c) and (d). A used oil aggregation point can also accept household DIY used oil from household DIY used oil generators;

(g) “Used oil burner” means a facility that burns used oil for energy recovery in devices identified in Env-Hw 1409.03, except as specified in Env-Hw 1409.01(b);

(h) “Used oil fuel marketer” means a used oil handler that conducts either of the following activities:

(1) Directs a shipment of used oil from its facility to a used oil burner; or

(2) First claims that used oil that is to be burned for energy recovery meets the used oil fuel specifications set forth in Env-Hw 1404.02;

(i) “Used oil generator” means “used oil generator” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(j) “Used oil processor/re-refiner” means “used oil processor/re-refiner” as defined in 40 CFR 279.1, as reprinted in Appendix D;

(k) “Used oil transfer facility” means any transportation related facility, including loading docks, parking areas, storage areas, and other areas, where shipments of used oil are held for more than 24 hours and not longer than 35 days during the normal course of transportation or prior to an activity performed pursuant to 40 CFR 279.20(b)(2). A transfer facility that stores used oil for more than 35 days shall be subject to regulation under Env-Hw 1408 for used oil processors/re-refiners; and

(l) “Used oil transporter” means “used oil transporter” as defined in 40 CFR 279.1, as reprinted in Appendix D.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1402 APPLICABILITY

Env-Hw 1402.01 Applicability of Chapter.

(a) This chapter shall apply to:

(1) Used oil, as defined in Env-Hw 104, except as specified otherwise in this part;

(2) Used oil generated, transported, collected, or marketed for purposes of recycling, including by being reused, re-refined, reclaimed, burned for energy recovery, or processed; and

(3) Used oil burned for energy recovery.

(b) Used oil that is destined to be recycled and also exhibits a hazardous waste characteristic, due to contamination through use and not as a result of being mixed with a hazardous waste, shall be subject to regulation under this chapter instead of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200.

(c) If used oil is disposed of or is not destined to be recycled, the used oil shall be regulated as NH01 listed hazardous waste pursuant to Env-Hw 402.06(c) and subject to regulation under Env-Hw 100 through Env-Hw 800 and Env-Hw 1200 instead of this chapter.

(d) Used oil subject to RSA 339-B:2 and RSA 339-B:2-a shall be handled in accordance with the applicable requirements of this chapter.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.02 Mixtures of Used Oil and Listed Hazardous Waste.

(a) A mixture of used oil and any other listed hazardous waste identified in Env-Hw 402, including used oil that is blended with hazardous waste to formulate a hazardous waste fuel, shall be regulated as a hazardous waste rather than used oil under this chapter.

(b) Except as specified in (c) through (e), below, used oil containing more than 1,000 parts per million (ppm) of total halogens shall be presumed by the department to have been mixed with halogenated listed hazardous waste, and therefore is subject to regulation:

(1) Under Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, as F001 or F002 listed hazardous waste, or both; and

(2) If not recycled, as NH01 listed hazardous waste.

(c) A used oil handler may rebut the presumption in (b), above, by demonstrating that the halogens in the used oil are not a result of mixing with hazardous waste.

(d) Used oil that satisfies the rebuttable presumption shall be managed as off-specification used oil, subject to the applicable requirements of this chapter.

(e) A used oil handler shall keep documentation used to rebut the presumption for 3 years from the date the used oil was last handled.

(f) The presumption in (b), above, shall not apply to used oil that:

(1) Consists solely of metalworking oils or fluids containing chlorinated paraffins and that is reclaimed and returned to the used oil generator for use as a lubricant, cutting oil, or coolant, provided that the reclamation is conducted:

a. Under a contractual agreement, known as a tolling arrangement, that indicates:

1. The type of used oil and frequency of shipments;

2. That the vehicle used to transport the used oil to the processor/re-refiner and to deliver recycled used oil back to the generator is owned and operated by the processor/re-refiner; and

3. That the reclaimed oil will be returned to the generator; and

b. By a used oil processor/re-refiner that has an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration; or

(2) Consists solely of used oil contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.03 Mixtures of Used Oil and Characteristic Hazardous Waste.

(a) Except as provided in (b), below, a mixture of used oil and any characteristic hazardous waste shall be regulated as a hazardous waste, rather than used oil under this chapter.

(b) A mixture of used oil and ignitable-only hazardous waste shall be managed under this chapter if:

(1) A representative sample of the hazardous waste prior to mixing is hazardous only for the characteristic of ignitability as specified in Env-Hw 403.03(b);

(2) A representative sample of the used oil and hazardous waste mixture has a flash point greater than 140°F; and

(3) The used oil handler creating the mixture maintains documentation onsite documenting satisfaction of the requirements of (b)(1) and (2), above, for 3 years from the date the mixture was last handled.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.04 Materials Containing or Otherwise Contaminated with Used Oil.

(a) Except as provided in (b)(1), below, materials containing or otherwise contaminated with used oil from which used oil has been drained to the extent possible such that no visible signs of free-flowing oil remain in or on material:

(1) Shall not be subject to regulation as used oil under this chapter; and

(2) Shall be subject to the applicable requirements of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200, except that the NH01 hazardous waste number shall not apply.

(b) The following materials shall be subject to regulation as used oil under this chapter:

(1) Materials containing or otherwise contaminated with used oil that are burned for energy recovery, whether or not the used oil has been drained as described in (a), above; and

(2) Used oil drained or removed from materials containing or otherwise contaminated with used oil.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.05 Mixtures of Used Oil with Fuel Products.

(a) Except as provided in (b), below, mixtures of used oil and fuels or other fuel products shall be subject to regulation as used oil under this chapter.

(b) Mixtures of used oil and diesel fuel mixed on-site by the generator of the used oil for use in the generator’s own vehicles shall not be subject to this chapter once the used oil and diesel fuel have been mixed. Prior to mixing, the used oil shall be subject to the applicable requirements of this chapter.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.06 Materials Derived from Used Oil.

(a) Materials, including re-refined lubricants, that are reclaimed from used oil, are used beneficially, and are not burned for energy recovery or used in a manner constituting disposal, shall be subject to Env-Hw 401.03(b)(39).

(b) Materials produced from used oil that are burned for energy recovery, such as used oil fuels, shall be subject to regulation as used oil under this chapter.

(c) Materials derived from used oil that are disposed of or used in a manner constituting disposal shall be subject to the applicable requirements of Env-Hw 100 through Env-Hw 800 and Env-Hw 1200 including the applicable requirements of Env-Hw 401.03(b)(26), rather than this chapter.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.07 Wastewater Containing or Otherwise Contaminated with Used Oil. The following shall be subject to regulation as used oil under this chapter:

(a) Wastewater that contains or is otherwise contaminated with used oil, unless it is exempt from the hazardous waste rules under Env-Hw 401.03(a)(2) or Env-Hw 401.03(b)(17);

(b) Used oil recovered during wastewater treatment to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the federal Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters;

(d) Residues or sludges resulting from treatment of wastewater that contains used oil.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.08 Used Oil on Vessels. Used oil produced on vessels from normal shipboard operations shall not be subject to this chapter until it is transported ashore.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.09 Used Oil Containing Polychlorinated Biphenyls (PCBs).

(a) Except as noted in (b), below, used oil containing polychlorinated biphenyls (PCBs) at any concentration less than 50 ppm shall be subject to the requirements of this chapter and to the prohibitions and applicable requirements of 40 CFR Part 761, including 40 CFR 761.20(d) and (e).

(b) If used oil containing 50 ppm or greater PCBs has been diluted to any concentration less than 50 ppm, the diluted used oil shall be regulated under 40 CFR Part 761 as a used oil containing PCBs at 50 ppm or greater and not regulated under this chapter.

(c) Used oil containing PCBs at concentrations of 50 ppm or greater shall not be subject to the requirements of this chapter but shall be subject to regulation:

(1) Under 40 CFR part 761; and

(2) As a hazardous waste unless exempt from regulation pursuant to Env-Hw 401.03(b)(25).

(d) Dilution of used oil containing PCBs shall be prohibited unless otherwise specifically provided for in this chapter or 40 CFR 761.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.10 Used Oil Introduced into Crude Oil Pipelines or a Petroleum Refining Facility.

(a) Subject to the amendments specified in (b), below, the provisions in 40 CFR 279.10(g) are incorporated by reference and shall apply to used oil introduced into crude oil pipelines or a petroleum refining facility.

(b) The following amendments shall apply to the incorporated requirements:

(1) Amend 40 CFR 279.10(g)(1) through (g)(6) by replacing each occurrence of “this part” with “this chapter”; and

(2) Amend 40 CFR 279.10(g)(4) by replacing “§ 279.11” with “Env-Hw 1404.02”.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1402.11 Exemptions. The following shall be exempt from this chapter:

(a) A household DIY used oil generator; and

(b) A farmer who generates used oil from vehicles or machinery used on the farm, provided that:

(1) The quantity generated does not exceed an average of 25 gallons per month in a calendar year; and

(2) The used oil is not applied to the land.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1403 PROHIBITIONS

Env-Hw 1403.01 Prohibitions on Management and Application of Used Oil.

(a) Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to Env-Hw 300 and Env-Hw 700.

(b) Used oil shall not be applied to roads or other land areas for the purpose of dust suppression or any other reason. Use of used oil for such purposes shall be deemed to be disposal of NH01 listed hazardous waste.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1404 CLASSIFICATION OF USED OIL

Env-Hw 1404.01 Sampling and Analytical Methods. Sampling and analysis of used oil shall be conducted in accordance with Env-Hw 401.04.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1404.02 Specification Used Oil.

(a) Used oil shall be classified as specification used oil if the oil:

(1) Has not been mixed with any other hazardous waste; and

(2) Meets all of the allowable levels in Table 14.1 below:

Table 14.1 Specification Used Oil Standards

Constituent/Property	Allowable Level
Arsenic	5 ppm maximum
Cadmium	2 ppm maximum
Chromium	10 ppm maximum
Lead	100 ppm maximum
Flash point	100 degrees Fahrenheit minimum
Polychlorinated biphenyls (PCBs)	Less than 2 ppm
Total halogens	1,000 ppm maximum

(b) Except as specified in Env-Hw 1402.03(b), the standards in Table 14.1 do not apply to mixtures of used oil and hazardous waste.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1404.03 Off-Specification Used Oil.

(a) Used oil shall be classified as off-specification used oil if it:

(1) Exceeds one or more of the standards in Table 14.1, except as provided in (c), below;

(2) Satisfies the rebuttable presumption pursuant to Env-Hw 1402.02(d), as applicable; and

(3) Except as specified in Env-Hw 1402.03(b), has not been mixed with any other hazardous waste.

(b) A used oil handler that blends off-specification used oil to meet the specification used oil standards in Env-Hw 1404.02 shall comply with the requirements for used oil processors/re-refiners in Env-Hw 1408.

(c) Used oil containing PCBs at concentrations of 50 ppm or greater shall not be classified as off-specification used oil and instead shall be regulated as specified in Env-Hw 1402.09(c).

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1405 STANDARDS FOR ALL HANDLERS OF USED OIL

Env-Hw 1405.01 Applicability. The provisions of this part shall apply to all used oil handlers.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1405.02 Determining Halogen Content; Recordkeeping.

(a) A used oil handler shall determine the total halogen content of the used oil they are handling by either:

(1) Testing the used oil in accordance with 1404.01; or

(2) Applying knowledge of the materials and processes generating the used oil.

(b) If a determination is made in accordance with (a)(2), above, the used oil handler shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

(c) Used oil containing greater than 1,000 ppm total halogens shall be subject to the rebuttable presumption in Env-Hw 1402.02(b).

(d) A used oil handler shall keep the following records, as applicable, for 3 years from the date the used oil was last handled:

(1) Records of analyses conducted or information used to comply with (a) and (b), above; and

(2) Documentation used to rebut the presumption as specified in Env-Hw 1402.02(e).

(e) The 3-year record retention period in (d), above, shall be extended automatically while any enforcement action is pending.

(f) A used oil handler shall make a new determination of total halogen content at any time the used oil has or might have changed as a result of changes to:

(1) The type or source of virgin oil;

(2) The process generating the used oil;

(3) The used oil handler’s used oil management practices; or

(4) Any other factor that might change the properties of the used oil such that the total halogen content might change.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1405.03 Used Oil Storage.

(a) In addition to the requirements of this section, used oil shall also be stored in accordance with all applicable local, state, and federal requirements, including:

(1) Env-Or 300 – aboveground petroleum storage facilities;

(2) RSA 153:1, VI-a – provisions of the state fire code that apply to flammable and combustible materials, as may be amended pursuant to RSA 153:5, I;

(3) 40 CFR 112 – oil pollution prevention, including spill prevention, control, and countermeasures;

(4) Env-Or 400 – underground storage tank facilities; and

(5) 40 CFR 280 – technical standards and corrective action requirements for owners and operators of underground storage tanks.

(b) A used oil handler shall store used oil only in tanks or containers.

(c) Containers and tanks of used oil shall be maintained to prevent spillage, seepage, or other discharge of used oil into storm or sanitary sewers, onto the land, or into groundwater or surface waters.

(d) Used oil shall be stored in containers or tanks that are:

(1) In good condition as specified in 40 CFR 279.22(b)(1), as provided in Appendix D;

(2) Not leaking; and

(3) Closed at all times except to add or remove used oil.

(e) Used oil containers, aboveground tanks, and fill pipes used to transfer used oil into underground storage tanks shall be labeled or marked with the words “used oil”.

(f) While accumulating used oil in a container, a used oil handler shall:

(1) Provide a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container; and

(2) Position each container so that its used oil label or marking is not hidden by walls or other containers and can be easily read without having to move any containers.

(g) Spill control equipment, such as absorbent media, shall be available in case of spills or leaks.

(h) Except as specified in (i), below, containers and tanks shall be stored on impervious surfaces. Impervious surfaces shall include concrete and asphalt with no cracks or holes present, and shall not include earthen, wooden, or gravel surfaces.

(i) An existing tank shall be stored on an impervious surface except where portions of the existing tank meet the ground.

(j) Used oil stored in areas with functional floor drains or manholes shall have secondary containment around all containers in the used oil storage area, capable of containing the volume of the largest capacity container present.

(k) Used oil containers stored outdoors shall:

(1) Be covered to prevent precipitation from coming in contact with the tops of the containers, except when being moved to another location;

(2) Be kept closed at all times except to add or remove used oil;

(3) Have secondary containment that:

a. Is adequate to hold any spills or leaks at 110% of the volume of the largest container in the area or 10% of the total volume of containers, whichever is greater; and

b. Is covered to keep the secondary containment structure free of rain, snow, and ice; and

(4) Not be stored within any of the following distances, unless a greater distance is required by any other federal standard, state statute, or rule in which case such distance shall apply:

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

c. The sanitary protective area of any public water supply well; or

d. For storm drains, 50 feet.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1405.04 Response to Releases.

(a) In the event of a release of used oil to the environment from an underground storage tank, a used oil handler shall comply with the applicable requirements of Env-Or 400, Env-Or 600, and 40 CFR 280 Subpart F.

(b) In the event of a discharge of used oil from a container or aboveground tank that meets one or more of the criteria in (c), below, a used oil handler shall report the discharge:

(1) Immediately, not to exceed one hour from the discovery of the release; and

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(c) Criteria for immediate notification in accordance with (b), above, shall be as specified in Env-Or 604.06, including but not limited to:

(1) A discharge of any oil into surface water or groundwater of the state;

(2) A discharge of 25 gallons or more of oil to land;

(3) A discharge of less than 25 gallons of oil to land, unless the discharge is cleaned up immediately and properly disposed of; or

(4) A discharge of oil that results in the presence of vapors that pose an imminent threat to human health.

(d) Upon a release, the used oil handler shall:

(1) Stop the release and contain the released used oil;

(2) Clean up and properly manage the released used oil and other materials in accordance with this chapter and Env-Or 600; and

(3) Repair or replace any leaking used oil storage containers or tanks prior to returning them to service.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1406 ADDITIONAL STANDARDS FOR USED OIL GENERATORS, HOUSEHOLD DIY USED OIL COLLECTION CENTERS, COMMERCIAL USED OIL COLLECTION CENTERS, AND USED OIL AGGREGATION POINTS

Env-Hw 1406.01 Applicability.

(a) This part shall apply to:

(1) Used oil generators;

(2) Household DIY used oil collection centers;

(3) Commercial used oil collection centers; and

(4) Used oil aggregation points.

(b) The owner or operator of a vessel on which used oil has been generated and the person(s) removing or accepting used oil from the vessel shall be co-generators of the used oil and shall be jointly and severally responsible for managing the used oil in compliance with this part once the used oil is transported ashore. The co-generators shall decide among them which party will fulfill the requirements of this part.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1406.02 Requirements for Used Oil Generators, Household DIY Used Oil Collection Centers, Commercial Used Oil Collection Centers, and Used Oil Aggregation Points. Used oil generators, household DIY used oil collection centers, commercial used oil collection centers, and used oil aggregation points shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1406.03 through Env-Hw 1406.07;

(b) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility, except as provided under Env-Hw 1406.05(c) and (d);

(d) Env-Hw 1409 for burning used oil for energy recovery, except as provided under Env-Hw 1406.04; and

(e) Env-Hw 1410 for acting as a used oil fuel marketer.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1406.03 Processing Activities. A used oil generator that performs the following activities shall not be subject to the requirements for used oil processors/re-refiners in Env-Hw 1408 provided the used oil is generated onsite and is not being sent offsite to a used oil burner:

(a) Filtering, cleaning, or otherwise reconditioning used oil before reusing it onsite;

(b) Separating used oil from wastewater generated onsite to make the wastewater acceptable for discharge or reuse pursuant to section 402 or section 307(b) of the Clean Water Act or other applicable federal or state regulations governing the management or discharge of wastewaters;

(c) Using oil mist collectors to remove droplets of used oil from in-plant air to make plant air suitable for continued recirculation;

(d) Draining or otherwise removing used oil from materials containing or otherwise contaminated with used oil in order to remove excessive oil to the extent possible pursuant to Env-Hw 1402.04(a); or

(e) Filtering, separating, or otherwise reconditioning used oil before burning it onsite in a space heater pursuant to Env-Hw 1406.04.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1406.04 Onsite Burning in Space Heaters.

(a) A used oil generator, or the owner or operator of a household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, may burn used oil in a used oil-fired space heater provided that:

(1) The heater burns only used oil that the owner or operator generates or used oil received from household DIY used oil generators;

(2) The heater is designed to have a maximum capacity of 0.5 million Btu per hour;

(3) The combustion gases from the heater are vented to the outside ambient air;

(4) Except as specified in (c), below, analytical results confirm that the used oil meets the limits for onsite burning specified in Table 14.2, below; and

(5) The used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point:

a. Notifies the department in accordance with Env-Hw 1409.05; and

b. Complies with the applicable requirements of Env-A 1600 for fuel specifications and Env-A 2000 for fuel burning devices.

Table 14.2 Limits for Onsite Burning of Used Oil

Constituent/Property	Allowable Level
Arsenic	18 ppm maximum
Cadmium	10 ppm maximum
Chromium	35 ppm maximum
Lead	1,000 ppm maximum
Flash point	100 degrees Fahrenheit minimum
Polychlorinated biphenyls (PCBs)	Less than 2 ppm
Total halogens	1,000 ppm maximum, unless the presumption that the used oil was mixed with halogenated hazardous waste has been rebutted as described in Env-Hw 1402.02(c)-(e).

(b) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that burns used oil in a manner that does not meet one or more of the criteria in (a), above, shall be subject to regulation as a used oil burner, a used oil fuel marketer, or both, as applicable.

(c) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall not be required to analyze used oil pursuant to (a)(4), above, if the used oil:

(1) Has not been mixed or contaminated with any other wastes; and

(2) Is either:

a. Automotive used oil generated by the owner or operator; or

b. Household DIY used oil received directly from household DIY used oil generators.

(d) The analytical results required in (a)(4), above, shall be maintained as specified in Env-Hw 1406.06(b).

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1406.05 Offsite Shipments.

(a) Except as provided in (c) and (d), below, a used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall ensure that its used oil is transported only by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

(b) If a shipment of used oil subject to regulation under this chapter is accompanied by a manifest, the NH01 hazardous waste number shall not be recorded on the manifest.

(c) Subject to the requirements of (d), below, a used oil generator, household DIY used oil collection center, or used oil aggregation point may self-transport the following, without obtaining an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration:

(1) Used oil that is generated at the generator’s site;

(2) Used oil received while acting as a used oil aggregation point; and

(3) Household DIY used oil received from household DIY used oil generators.

(d) For purposes of (c), above, the used oil shall be transported:

(1) In a vehicle owned by the generator, household DIY used oil collection center, or used oil aggregation point, or an employee thereof;

(2) In quantities of no more than 55 gallons of used oil at any time;

(3) In containers that meet US DOT specifications for hazardous materials under 49 CFR 173; and

(4) Directly to:

a. A used oil aggregation point that is owned or operated, or both, by the same generator;

b. A commercial used oil collection center that has registered with the department in accordance with Env-Hw 1406.07; or

c. A facility authorized under the destination state’s rules to handle the used oil.

(e) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that wishes to direct a shipment of used oil from its facility to a used oil burner shall be subject to regulation as a used oil fuel marketer under Env-Hw 1410, except as provided in Env-Hw 1410.01(b).

Source. #14282, eff 8-1-25; ss by #14529, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 1406.06 Recordkeeping Requirements.

(a) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point shall comply with the recordkeeping requirements in Env-Hw 1405.02 and shall keep, for at least 3 years from the date of shipment, documentation of each used oil shipment, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

(1) The used oil transporter’s name, address, and EPA identification number, if applicable;

(2) The receiving facility’s name, address, and EPA identification number, if applicable;

(3) The quantity of used oil shipped; and

(4) The date of shipment.

(b) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that burns used oil onsite shall keep the analytical results required in Env-Hw 1406.04(a)(4) for 3 years from the date the used oil was last handled.

(c) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1406.07 Commercial Used Oil Collection Centers.

(a) Prior to collecting used oil, the owner or operator of a commercial used oil collection center shall register with the department by completing and submitting:

(1) Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025; and

(2) The following certification: “I hereby certify under penalty of law and in accordance with Env-Hw 207, that all statements on this form and all documentation submitted with this form are, to the best of my knowledge and belief, true, complete, and not misleading. I am aware that there are significant penalties for submitting false information, including the penalties found in Env-Hw 207.04 and the possibility of fines and imprisonment for knowing violations. If cancelling an existing registration, I certify that the collection center has been closed in accordance with Env-Hw 1406.07(h) by: removing from the site all used oil and used oil residues; and removing or decontaminating contaminated containment system components, soils, structures, and equipment, and managing such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.”

(b) A commercial used oil collection center shall submit a separate registration pursuant to (a), above, for each site where used oil is collected.

(c) If the commercial used oil collection center has not provided all of the information specified in Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025, the department shall notify the owner or operator in writing of each deficiency.

(d) If the owner or operator does not respond to the department’s notification and correct the deficiencies identified therein within 30 days of such notification, then the registration shall not be confirmed and the owner or operator shall submit a new registration prior to engaging in commercial used oil collection.

(e) If a registration is complete in that it includes all information specified in Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025, the department shall confirm the registration.

(f) A commercial used oil collection center shall notify the department orally or in writing of any changes to the information provided pursuant to (a), above, within 30 days of the effective date of any change.

(g) A commercial used oil collection center shall notify the department within 30 days after ceasing used oil collection at a particular site by completing and submitting:

(1) Form HWM-10 “Commercial Used Oil Collection Center Registration Form” as amended August 2025; and

(h) At closure of a commercial used oil collection center, the owner or operator shall:

(1) Remove from the site all used oil and used oil residues; and

(2) Remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

(i) The department shall cancel a registration upon receipt of notice pursuant to (g), above.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1407 ADDITIONAL STANDARDS FOR USED OIL TRANSPORTERS AND USED OIL TRANSFER FACILITIES

Env-Hw 1407.01 Applicability.

(a) Except as provided in (b), below, this part shall apply to used oil transporters that transport used oil regulated under this chapter.

(b) This part shall not apply to:

(1) Onsite transportation of used oil;

(2) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point that self-transports used oil as specified in Env-Hw 1406.05(c) and (d); or

(3) A household DIY used oil generator that self-transports its own used oil to a used oil generator, household DIY used oil collection center, commercial used oil collection center, used oil aggregation point, used oil processor/re-refiner, or used oil burner.

(c) A transporter that imports used oil from abroad or exports used oil outside of the state of New Hampshire or the United States shall be subject to the requirements of this part from the time the used oil enters and until the time it exits New Hampshire.

(d) Except as provided in (e), below, used oil that is transported in a tank truck that was previously used to transport hazardous waste shall be considered to have been mixed with hazardous waste and shall be regulated as a hazardous waste pursuant to Env-Hw 404.01, rather than as used oil under this chapter.

(e) Used oil transported as described in (d), above, shall be subject to this chapter, and not regulated as hazardous waste, if:

(1) The tank truck was emptied as described in Env-Hw 401.03(d) prior to transporting used oil; and

(2) The mixture is determined not to be hazardous waste under the provisions of Env-Hw 1402.02 and Env-Hw 1402.03.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.02 Requirements for Used Oil Transporters. Used oil transporters shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1407.03 through Env-Hw 1407.09;

(b) Env-Hw 602, Env-Hw 609, and Env-Hw 610 for hazardous waste transporter registration and notification;

(c) Env-Hw 603.02, Env-Hw 603.03, Env-Hw 603.05, Env-Hw 603.07, and Env-Hw 603.08 for vehicle identification, security, and safety;

(d) US DOT regulations in 49 CFR parts 171 through 180;

(e) Rules adopted by the New Hampshire department of safety;

(f) Env-Hw 1406 for generating used oil;

(g) Env-Hw 1408 for processing or re-refining used oil, except as provided under Env-Hw 1407.03;

(h) Env-Hw 1409 for burning used oil for energy recovery; and

(i) Env-Hw 1410 for acting as a used oil fuel marketer.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.03 Allowable Processing Activities.

(a) A used oil transporter may consolidate or aggregate loads of used oil for purposes of transportation.

(b) Except as provided in (c), below, a used oil transporter shall not process used oil unless the transporter also complies with the requirements for used oil processor/re-refiners in Env-Hw 1408.

(c) A used oil transporter shall not be subject to the requirements for used oil processor/re-refiners in Env-Hw 1408 for conducting the following activities:

(1) Incidental processing operations during the normal course of used oil transportation, including settling and water separation, but that are not designed to produce, or make used oil more amenable for production of, used oil derived products; or

(2) Transporting used oil that is removed from oil bearing electrical transformers and turbines and filtered by the transporter or at a transfer facility prior to being returned to its original use.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.04 Labeling and Packaging. Prior to and during transportation, a used oil transporter shall ensure that each container holding used oil is:

(a) Clearly labeled or marked with:

(1) The words “used oil”; and

(2) All applicable US DOT required information as set forth in 49 CFR Part 172;

(b) Secured against movement within the vehicle if the container holding used oil is not a part of the vehicle; and

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.05 Delivery.

(a) A used oil transporter shall deliver all used oil received to the following entities provided the entity has obtained an EPA identification number:

(1) Another used oil transporter, subject to (b), below;

(2) A used oil processor/re-refiner; or

(3) A used oil burner.

(b) For the purposes of (a)(1), above, if the transfer occurs within New Hampshire:

(1) The used oil transporter receiving the used oil shall also possess a current and valid New Hampshire hazardous waste transporter registration; and

(2) The transfer shall occur at either a used oil transfer facility or a permitted hazardous waste transfer facility.

(c) If a shipment of used oil subject to regulation under this chapter is accompanied by a manifest, the NH01 hazardous waste number shall not be recorded on the manifest.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.06 Additional Requirements for Response to Releases.

(a) In the event of a release of used oil, a used oil transporter shall comply with the requirements of Env-Hw 1405.04 and, as applicable:

(1) An air, rail, highway, or water transporter that has discharged used oil shall:

a. Give notice, if required by 49 CFR 171.15, to the national response center by calling (800) 424–8802 or (202) 426–2675; and

b. Report the discharge in writing as required by 49 CFR 171.16; and

(2) A water transporter that has discharged used oil shall give notice as required by 33 CFR 153.203.

(b) If a discharge of used oil occurs during transportation and an official, from state or local government or a federal agency, acting within the scope of official responsibilities determines that immediate removal of the used oil is necessary to protect human health or the environment, that official may authorize the removal of the used oil by transporters that do not have EPA identification numbers or current and valid New Hampshire hazardous waste transporter registrations.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.07 Used Oil Transfer Facilities.

(a) A used oil transporter shall not operate a used oil transfer facility without an EPA identification number for the site.

(b) A used oil transporter shall notify the department that it wishes to operate a used oil transfer facility by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(2) 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.”

(d) If the used oil transporter has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil transporter in writing of each deficiency.

(e) If the used oil transporter does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil transporter shall submit a new notification prior to operating the used oil transfer facility.

(f) If the used oil transporter's request for an EPA identification number is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number for the site.

(g) A used oil transporter that owns or operates a used oil transfer facility shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store used oil with a secondary containment system that:

(1) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(2) Is capable of holding:

a. For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

b. For tank storage, 110% of the volume of the largest tank within the storage area; and

(3) Consists of:

a. A combination of dikes, berms, or retaining walls with a floor that covers the entire area within the dikes, berms, or retaining walls, except that the floor need not cover where an existing tank or portions thereof meet(s) the ground; or

b. An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

(h) Pursuant to Env-Hw 1401.02(k), a used oil transfer facility that stores used oil for more than 35 days shall be subject to regulation under Env-Hw 1408 for used oil processors and re-refiners.

(i) A used oil transporter shall notify the department within 30 days after ceasing used oil transfer facility operations at a particular site by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

(j) At closure of a used oil transfer facility, the used oil transporter shall:

(1) Remove all used oil and used oil residues from the site; and

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.08 Recordkeeping and Reporting.

(a) A used oil transporter shall comply with the recordkeeping requirements in Env-Hw 1405.02 and keep the following records for at least 3 years from the date of acceptance or delivery, as applicable:

(1) A record of acceptance, in the form of a bill of lading, manifest, or other shipping document, for each shipment of used oil accepted for transport, including:

a. The name, address, and EPA identification number, if applicable, of the used oil handler that provided the used oil for transport;

b. The quantity of used oil accepted;

c. The date of acceptance; and

d. The signature, dated upon receipt of the used oil, of a representative of the used oil handler that provided the used oil for transport, except that an intermediate rail transporter shall not be required to sign the record of acceptance;

(2) A record of delivery, in the form of a bill of lading, manifest, or other shipping document, for each shipment of used oil delivered to another used oil transporter, a used oil burner, or a used oil processor/re-refiner, including:

a. The name, address, and EPA identification number of the receiving facility or used oil transporter;

b. The quantity of used oil delivered;

c. The date of delivery; and

d. The signature, dated upon receipt of the used oil, of a representative of the receiving facility or transporter, except that an intermediate rail transporter shall not be required to sign the record of delivery; and

(3) A record of delivery, as specified in (a)(2)a. through (a)(2)c., above, for each shipment of used oil exported to a foreign country.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

(c) Pursuant to RSA 147-B:14, a transporter shall complete and submit Form HWM-11 “Annual Used Oil Transporter Report,” as amended August 2025, each year to report any used oil transported in the immediately preceding calendar year, as specified in (d) and (e), below.

(d) A company official shall certify, as specified in Env-Hw 207, the report.

(e) The report shall be submitted to the department by March 1 of the year immediately following the reporting year.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1407.09 Management of Residues. A used oil transporter that generates residues from the storage or transport of used oil shall manage the residues as specified in Env-Hw 1402.06.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1408 ADDITIONAL STANDARDS FOR USED OIL PROCESSORS AND RE-REFINERS

Env-Hw 1408.01 Applicability.

(a) Except as provided in (b), below, this part shall apply to owners and operators of facilities that process used oil regulated under this chapter.

(b) This part shall not apply to:

(1) A used oil generator that performs the activities described in Env-Hw 1406.03;

(2) A used oil transporter that conducts the activities specified in Env-Hw 1407.03(c); or

(3) A used oil burner that conducts incidental processing operations during the normal course of used oil management prior to burning as provided in Env-Hw 1409.04.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.02 Requirements for Used Oil Processors and Re-refiners.

(a) Used oil processors/re-refiners shall comply with the requirements of Env-Hw 1405, Env-Hw 1408.03 through Env-Hw 1408.11, and, as applicable:

(1) Env-Hw 1406 for generating used oil;

(2) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(3) Env-Hw 1409 for burning used oil for energy recovery, except as provided in (b), below; and

(4) Env-Hw 1410 for acting as a used oil fuel marketer.

(b) A used oil processor/re-refiner that burns used oil for energy recovery shall not be subject to Env-Hw 1409 if:

(1) The used oil is burned in an onsite space heater that meets the requirements of Env-Hw 1406.04; or

(2) The used oil is burned for purposes of processing used oil, which is considered burning incidental to used oil processing.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.03 Notification.

(a) A used oil processor/re-refiner shall not process used oil without an EPA identification number.

(b) A used oil processor/re-refiner shall notify the department by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(d) If the used oil processor/re-refiner has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil processor/re-refiner in writing of each deficiency.

(e) If the used oil processor/re-refiner does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil processor/re-refiner shall submit a new notification prior to engaging in any used oil processing.

(f) If a used oil processor/re-refiner's notification is complete in that it includes all information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil processor/re-refiner shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.04 Emergency Preparedness and Prevention.

(a) A used oil processing/re-refining facility shall be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water that could threaten human health or the environment.

(b) A used oil processing/re-refining facility shall be equipped with the following:

(1) An internal communications or alarm system capable of providing immediate emergency instruction via voice or signal to facility personnel;

(2) A device, such as a telephone that is immediately available at the scene of operations or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;

(3) Portable fire extinguishers, fire control equipment, including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals, spill control equipment, and decontamination equipment; and

(4) One or more of the following:

a. Water at adequate volume and pressure to supply water hose streams;

b. Foam producing equipment;

c. Automatic sprinklers;

d. Water spray systems; or

e. Other appropriate fire extinguishing systems.

(c) All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment shall be tested and maintained as necessary to assure its proper operation in time of emergency.

(d) Whenever used oil is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation shall have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee.

(e) If there is ever just one employee on the premises while the facility is operating, the employee shall have immediate access to a device, such as a telephone that is immediately available at the scene of operation or a hand-held two-way radio, capable of summoning external emergency assistance.

(f) The owner or operator shall maintain aisle space as provided in Env-Hw 1405.03(f)(1) and shall allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.

(g) The owner or operator shall attempt to make the following arrangements, as appropriate for the type of used oil handled at the facility and the potential need for the services of these organizations:

(1) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of used oil handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;

(2) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police department and a specific fire department, and agreements with any others to provide support to the primary emergency authority;

(3) Agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and

(4) Arrangements to familiarize local hospitals with the properties of used oil handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

(h) Where the arrangements specified in (g), above, are not made, the owner or operator shall document their attempts to make arrangements in the operating record, including any refusal by local authorities to enter into such arrangements.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.05 Contingency Plan.

(a) The owner or operator of a used oil processing/re-refining facility shall have a contingency plan that is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water.

(b) The provisions of the contingency plan shall be carried out immediately whenever there is a fire, explosion, or release of used oil which could threaten human health or the environment.

(c) The contingency plan shall describe the actions facility personnel shall take to comply with this section and the emergency procedures in Env-Hw 1408.06 in response to fires, explosions, or any unplanned sudden or non-sudden release of used oil to air, soil, or surface water at the facility.

(d) If the owner or operator has a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR 112, or another emergency or contingency plan, the owner or operator may amend that plan to incorporate used oil management provisions that are sufficient to comply with the requirements of this chapter instead of creating a separate plan.

(e) The contingency plan shall:

(1) Describe arrangements with local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to Env-Hw 1408.04(h);

(2) Provide an up-to-date list of the names and emergency telephone numbers of all persons qualified to act as emergency coordinator, as described in Env-Hw 1408.06. Where more than one person is listed, one shall be named as primary emergency coordinator and others listed in the order in which they will assume responsibility as alternates;

(3) Provide an up-to-date list of all emergency equipment at the facility, such as fire extinguishing systems, spill control equipment, internal and external communications and alarm systems, and decontamination equipment, including the location and a physical description of each item, and a brief outline of its capabilities; and

(4) Include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan shall describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes in cases where the primary routes could be blocked by releases of used oil or fires.

(f) The owner or operator of a used oil processing/re-refining facility shall prepare a quick reference guide to the contingency plan that includes the following elements:

(1) The properties and hazards associated with used oil handled at the site;

(2) The estimated maximum amount of used oil that might be present at any one time;

(3) The identification of any used oil where exposure would require unique or special treatment by medical or hospital staff;

(4) A map of the facility showing where used oil is accumulated and treated, and routes for accessing the used oil;

(5) A street map of the facility in relation to surrounding businesses, schools, and residential areas to illustrate how to access the facility and also if necessary how to evacuate citizens and workers;

(6) The locations of water supply, such as a fire hydrant and its flow rate;

(7) The identification of on-site notification systems, such as a fire alarm that rings off site or smoke alarms; and

(8) The name of the emergency coordinator(s) and 24-hour emergency telephone number(s).

(g) A copy of the contingency plan, quick reference guide, and all revisions thereto shall be:

(1) Maintained at the facility; and

(2) Submitted to the department and to all local police departments, fire departments, hospitals, and state and local emergency response teams that might be called upon to provide emergency services.

(h) The contingency plan and quick reference guide shall be reviewed, and immediately amended, if necessary, when:

(1) Applicable regulations are revised;

(2) The plan fails in an emergency;

(3) There are changes to the facility, including in design, construction, operation, or maintenance, that materially increase the potential for fires, explosions, or releases of used oil, or that change the response necessary in an emergency;

(4) The list of emergency coordinators changes; or

(5) The list of emergency equipment changes.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.06 Emergency Procedures.

(a) At all times, there shall be at least one employee, either on the facility premises or on call and available to respond to an emergency by reaching the facility within a short period of time, designated as the emergency coordinator with the responsibility for coordinating all emergency response measures.

(b) The emergency coordinator shall:

(1) Be thoroughly familiar with all aspects of the facility’s contingency plan, all operations and activities at the facility, the location and characteristic(s) of used oil handled, the location of all records within the facility, and facility layout;

(2) Have the authority to commit the resources needed to carry out the contingency plan; and

(3) Be responsible for carrying out the duties described in this section.

(c) Whenever there is an imminent or actual emergency situation, the emergency coordinator, or the designee when the emergency coordinator is on call, shall immediately:

(1) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and

(2) Notify local emergency officials and:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8 a.m. to 4 p.m.; or

b. The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.

(d) Whenever there is a release, fire, or explosion, the emergency coordinator shall:

(1) Immediately identify the character, exact source, amount, and areal extent of any released materials, either by observation or review of facility records or manifests and, if necessary, by chemical analyses; and

(2) Assess possible hazards to human health or the environment that might result from the release, fire, or explosion.

(e) The assessment in (d)(2), above, shall consider both direct and indirect effects of the release, fire, or explosion, including, but not limited to, the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-off from water or chemical agents used to control fire and heat-induced explosions.

(f) If the emergency coordinator determines that the facility has had a release, fire, or explosion that could threaten human health, or the environment outside the facility, the emergency coordinator shall report the determination as follows:

(1) If evacuation of local areas might be advisable, the emergency coordinator shall immediately notify appropriate local authorities and be available to help appropriate officials decide whether local areas should be evacuated; and

(2) The emergency coordinator shall immediately notify either the government official designated as the on-scene coordinator for that geographical area or the national response center by calling (800) 424–8802 and providing the following information:

a. Name and telephone number of reporter;

b. Name and address of facility;

c. Time and type of incident, such as release or fire;

d. Name and quantity of material(s) involved, to the extent known;

e. The extent of injuries, if any; and

f. The possible hazards to human health, or the environment, outside the facility.

(g) During an emergency, the emergency coordinator shall take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other used oil or hazardous waste at the facility. These measures shall include, where applicable, stopping processes and operation, collecting and containing released used oil, and removing or isolating containers.

(h) If the facility stops operation in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, as necessary.

(i) Immediately after an emergency, the emergency coordinator shall, in accordance with the hazardous waste rules, provide for recycling, storing, or disposing of recovered used oil, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility.

(j) The emergency coordinator shall ensure that, in the affected area(s) of the facility:

(1) No waste or used oil that is or might be incompatible with the released material is recycled, treated, stored, or disposed of until cleanup of the released material is complete; and

(2) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.

(k) The owner or operator shall notify the department and appropriate state and local authorities that the facility is in compliance with (j), above, before operations are resumed in the affected area(s) of the facility.

(l) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementation of the contingency plan.

(m) Within 15 days after the incident, the emergency coordinator shall submit to the department a written report on the incident, including:

(1) Name, address, and telephone number of the owner or operator;

(2) Name, address, and telephone number of the facility;

(3) Date, time, and type of incident, such as fire or explosion;

(4) Name and quantity of material(s) involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and

(7) Estimated quantity and disposition of recovered material that resulted from the incident.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.07 Used Oil Management. A used oil processor/re-refiner shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store or process used oil with a secondary containment system that:

(a) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(b) Is capable of holding:

(1) For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

(2) For tank storage, 110% of the volume of the largest tank within the storage area; and

(1) A combination of dikes, berms, or retaining walls with a floor that covers the entire area within the dikes, berms, or retaining walls, except that the floor need not cover where an existing tank or portions thereof meet(s) the ground; or

(2) An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.08 Analysis Plan.

(a) An owner or operator of a used oil processing/re-refining facility shall develop, keep at the facility, and follow a written analysis plan describing the procedures that will be used to comply with the requirements of Env-Hw 1405.02 and, if applicable, Env-Hw 1410.04.

(b) The analysis plan required by this section shall specify, at a minimum:

(1) Whether sample analyses or knowledge of the materials and processes generating the used oil will be used to determine halogen content pursuant to Env-Hw 1405.02;

(2) If sample analyses are used to make the determination:

a. The sampling method used to obtain representative samples to be analyzed, which shall be:

1. One of the sampling methods in 40 CFR 261 Appendix I; or

2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;

b. The frequency of sampling to be performed;

c. Whether the analysis will be performed onsite or offsite; and

d. The methods used to analyze used oil to rebut the presumption of mixing with hazardous waste pursuant to Env-Hw 1402.02(c); and

(3) If sample analyses are not used to make the determination, the type of information that will be used to determine the halogen content of the used oil.

(c) If the used oil processing/re-refining facility will determine whether used oil meets the specifications of Env-Hw 1404.02, the analysis plan shall specify, at a minimum:

(1) Whether sample analyses or other information will be used to make this determination;

(2) If sample analyses are used to make this determination:

a. The sampling method used to obtain representative samples to be analyzed, which shall be:

1. One of the sampling methods in 40 CFR 261 Appendix I; or

2. An equivalent method approved by EPA under 40 CFR 260.20 and 260.21;

b. Whether used oil will be sampled and analyzed prior to or after any processing/re-refining;

c. The frequency of sampling to be performed;

d. Whether the analysis will be performed onsite or offsite; and

e. The methods used to analyze used oil for the parameters specified in Env-Hw 1404.02; and

(3) If sample analyses are not used to make the determination, the type of information that will be used to determine whether the used oil meets the specifications of Env-Hw 1404.02.

(d) If a determination is made pursuant to (b)(3) or (c)(3), above, the used oil processor/re-refiner shall compile a written record of the basis for the determination that includes all information used to make the determination, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.09 Recordkeeping and Reporting.

(a) A used oil processor/re-refiner shall keep the following records for at least 3 years from the date of acceptance or shipment, as applicable:

(1) A record of acceptance for each used oil shipment accepted for processing/re-refining, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivered the used oil to the processor/re-refiner;

b. The name, address, and if applicable, EPA identification number of the generator or processor/re-refiner from which the used oil was sent;

c. The quantity of used oil accepted; and

d. The date of acceptance;

(2) A record of each shipment of used oil that is shipped to a used oil burner or processor/re-refiner, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that will deliver the used oil to the burner or processor/re-refiner;

b. The name, address, and EPA identification number of the burner or processor/re-refiner that will receive the used oil;

c. The quantity of used oil shipped; and

d. The date of shipment; and

(3) Pursuant to Env-Hw 512.01(a)(1), all manifest copies, including the original generator copy and the copy certified by the designated facility or the foreign receiving facility, for shipments of used oil to a disposal facility.

(b) The owner or operator shall record, as it becomes available, and maintain the following information in a written operating record until closure of the facility:

(1) Information gathered and records and results of used oil analyses performed as described in the analysis plan required under Env-Hw 1408.08; and

(2) Summary reports and details of all incidents that require implementation of the contingency plan as specified in Env-Hw 1408.05 and Env-Hw 1408.06.

(c) A used oil processor/re-refiner shall complete and submit, by March 1 of each year, Form HWM-12 “Annual Used Oil Processor/Re-refiner Report,” as amended August 2025, that includes information concerning used oil activities during the previous calendar year.

(d) The 3-year record retention period in (a), above, shall be extended automatically while any enforcement action is pending.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.10 Offsite Shipments of Used Oil. A used oil processor/re-refiner that initiates shipments of used oil offsite shall ensure that its used oil is transported only by a used oil transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.11 Management of Residues. A used oil processor/re-refiner that generates residues from the storage, processing, or re-refining of used oil shall manage the residues as specified in Env-Hw 1402.06.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1408.12 Closure.

(a) A used oil processor/re-refiner shall notify the department within 30 days after ceasing used oil processing at a particular site by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(b) Owners and operators that store or process used oil in aboveground tanks shall comply with the following requirements:

(1) At closure of a tank system, the owner or operator shall remove used oil and used oil residues from tanks and remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable; and

(2) If the owner or operator demonstrates that not all contaminated soils can be practicably removed or decontaminated as required in (b)(1), above, then the owner or operator shall close the tank system and perform post-closure care in accordance with the closure and post-closure care requirements that apply to hazardous waste landfills in 40 CFR 265.310.

(1) At closure, containers holding used oils or residues of used oil shall be removed from the site; and

(2) The owner or operator shall remove used oil residues and remove or decontaminate contaminated containment system components, soils, structures, and equipment, and manage such components, soils, structures, and equipment in accordance with Env-Hw 400 and Env-Hw 500, as applicable.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1409 ADDITIONAL STANDARDS FOR BURNERS OF USED OIL

Env-Hw 1409.01 Applicability.

(a) Except as provided in (b), below, this part shall apply to used oil burners.

(b) Facilities burning used oil for energy recovery under the following conditions shall not be subject to this part:

(1) The used oil is burned by the generator in an onsite space heater in accordance with the provisions of Env-Hw 1406.04, except that the generator shall notify the department in accordance with Env-Hw 1409.05; or

(2) The used oil is burned by a processor/re-refiner for purposes of processing used oil, which is considered burning incidentally to used oil processing.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.02 Requirements for Used Oil Burners. Used oil burners shall comply with the requirements of Env-Hw 1405 and, as applicable:

(a) Env-Hw 1409.03 through Env-Hw 1409.09;

(b) Env-A 1600 for fuel specifications and Env-A 2000 for fuel burning devices;

(d) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(e) Env-Hw 1408 for processing or re-refining used oil, except as provided under Env-Hw 1409.04(b); and

(f) Env-Hw 1410 for acting as a used oil fuel marketer.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.03 Restrictions on Burning.

(a) Off-specification used oil shall be burned only in the following devices:

(1) Industrial furnaces;

(2) Boilers, as defined in Env-Hw 103, that are:

a. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or

b. Utility boilers used to produce electric power, steam, heated or cooled air, or other gases or fluids for sale;

(3) Used oil-fired space heaters under the provisions of Env-Hw 1406.04; or

(4) Hazardous waste incinerators subject to regulation under Env-Hw 300 and Env-Hw 700.

(b) Specification used oil shall be burned only in the following devices:

(1) Oil furnaces and boilers that are not located at private residences, hotels, motels, apartment buildings, and residential institutions including hospitals, residential treatment facilities, and nursing homes;

(2) Used oil-fired space heaters, provided the heater is designed to have a maximum capacity 0.5 million Btu per hour, and combustion gases from the heater are vented to the outside ambient air; or

(3) Any device specified in (a), above.

(c) Used oil containing greater than or equal to 2 ppm PCBs shall be burned in compliance with 40 CFR 761, pursuant to the Toxic Substances Control Act.

(d) Prior to burning used oil, the owner or operator of a device in (b)(1) or (b)(2), above, shall determine whether the used oil meets the specifications in Env-Hw 1404.02 by:

(1) Performing analyses of the used oil as specified in Env-Hw 1404.01;

(2) Applying knowledge that the used oil has not been mixed or contaminated with any other wastes, provided that the used oil is either:

a. Automotive used oil generated by the used oil burner; or

b. Household DIY used oil received directly from household DIY used oil generators; or

(3) If the used oil was received from a used oil processor/re-refiner or used oil fuel marketer subject to Env-Hw 1408 or Env-Hw 1410, respectively, using information provided for each shipment of used oil.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.04 Processing Activities.

(a) Except as provided in (b), below, a used oil burner shall only process used oil if they also comply with the requirements of Env-Hw 1408.

(b) A used oil burner may only aggregate off-specification used oil with virgin oil or on-specification used oil for purposes of burning, and shall not aggregate such oils for purposes of producing on-specification used oil.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.05 Notification.

(a) A used oil burner shall not burn used oil without an EPA identification number.

(b) A used oil burner shall notify the department by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(d) If the used oil burner has not provided all of the information specified in Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, the department shall notify the used oil burner in writing of each deficiency.

(e) If the used oil burner does not respond to the department’s written notification of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil burner shall submit a new notification prior to burning any used oil.

(f) If a used oil burner’s notification is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil burner shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.06 Used Oil Management. A used oil burner shall comply with the requirements of Env-Hw 1405.03 and shall equip containers and tanks used to store used oil with a secondary containment system that:

(a) Is impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water;

(b) Is capable of holding:

(1) For container storage, 110% of the volume of the largest container in the storage area or 10% of the total volume of containers, whichever is greater; or

(2) For tank storage, 110% of the volume of the largest tank within the storage area; and

(2) An equivalent secondary containment system, such as a double-walled tank with a fill gauge and high-level alarm.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.07 Certification Prior to Receipt of Off-Specification Used Oil.

(a) Before a used oil burner accepts the first shipment of off-specification used oil from a used oil handler, the used oil burner shall provide to the used oil handler a one-time written and signed notice certifying that the used oil burner:

(1) Has submitted notification of the burner’s used oil management activities to the department, or if out of state, to the state or EPA region, as applicable, in which the burner is located; and

(2) Will burn the off-specification used oil only in an industrial furnace or boiler identified in Env-Hw 1409.03(a).

(b) Copies of the certifications required by this part shall be maintained by the used oil burner as specified in Env-Hw 1409.08(a)(3).

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.08 Recordkeeping.

(a) A used oil burner shall keep the following records:

(1) For at least 3 years from the date of acceptance, a record of acceptance for each used oil shipment accepted for burning, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivered the used oil to the used oil burner;

b. The name, address, and if applicable, EPA identification number of the generator or processor/re-refiner from which the used oil was sent;

c. The quantity of used oil accepted; and

d. The date of acceptance;

(2) Information gathered and records and results of used oil analyses performed, as applicable, to demonstrate compliance with Env-Hw 1409.03(d), for at least 3 years from the date the used oil burner last receives a shipment of specification used oil from that used oil handler; and

(3) The certification required in Env-Hw 1409.07, for at least 3 years from the date the used oil burner last receives a shipment of off-specification used oil from that used oil handler.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.09 Management of Residues. A used oil burner that generates residues from the storage or burning of used oil shall manage the residues as specified in Env-Hw 1402.06.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1409.10 Closure.

(a) A used oil burner shall notify the department within 30 days after ceasing used oil burning at a particular site by completing and submitting:

(1) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; and

(b) At closure of a used oil burner, the owner or operator shall:

(1) Remove all used oil and used oil residues from the site; and

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 1410 ADDITIONAL STANDARDS FOR USED OIL FUEL MARKETERS

Env-Hw 1410.01 Applicability.

(a) Except as provided in (b), below, this part shall apply to used oil fuel marketers.

(b) The following persons shall not be considered used oil fuel marketers subject to this part:

(1) A used oil generator, household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, or a used oil transporter that transports used oil received only from such entities, that directs a shipment of used oil to a used oil processor/re-refiner that incidentally burns used oil as described in Env-Hw 1409.01(b)(2);

(2) A person who directs shipments of on-specification used oil and who is not the first person to claim the oil meets the used oil fuel specifications of Env-Hw 1404.02; and

(3) A used oil generator, or the owner or operator of a household DIY used oil collection center, commercial used oil collection center, or used oil aggregation point, that:

a. Tests and burns used oil onsite in compliance with Env-Hw 1406.04; or

b. Directs used oil to a used oil burner that has notified and operates as a used oil fuel marketer under this part.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.02 Requirements for Used Oil Fuel Marketers. A used oil fuel marketer shall comply with the requirements of Env-Hw 1405, Env-Hw 1410.03 through Env-Hw 1410.07, and, as applicable:

(a) Env-Hw 1406 for generating used oil;

(b) Env-Hw 1407 for transporting used oil and operating a used oil transfer facility;

(d) Env-Hw 1409 for burning used oil for energy recovery.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.03 Restrictions on Delivery. A used oil fuel marketer shall initiate a shipment of used oil only to a used oil processor/re-refiner, used oil burner, or another used oil fuel marketer that has an EPA identification number.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.04 Specification Used Oil Fuel.

(a) The determination that used oil that is to be burned for energy recovery meets the fuel specifications of Env-Hw 1404.02 shall be made by performing analyses or obtaining copies of analyses or other information documenting that the used oil fuel meets the specifications, such as a description of the process generating the waste, safety data sheets, and other information material to the determination.

(b) Copies of analyses of the used oil or other information used to make the determination in (a), above, shall be kept as specified in Env-Hw 1410.07(a).

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.05 Notification.

(a) A used oil fuel marketer shall not market used oil without an EPA identification number.

(b) A used oil fuel marketer shall notify the department by completing and submitting:

(1) Form HWM‑2 “RCRA C Site Identification Form” as amended August 2025; and

(d) If the used oil fuel marketer has not provided all of the information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall notify the used oil fuel marketer in writing of each deficiency.

(e) If the used oil fuel marketer does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the used oil fuel marketer shall submit a new notification prior to engaging in any used oil processing.

(f) If a used oil fuel marketer's notification is complete in that it includes all information specified in Form HWM-2 “RCRA Site C Identification Form” as amended August 2025, the department shall assign an EPA identification number.

(g) A used oil fuel marketer shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required by (b), above, within 30 days of such a change.

(h) A used oil fuel marketer shall notify the department within 30 days after ceasing used oil fuel marketing at a particular site by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.06 Certification Prior to Shipment of Off-Specification Used Oil.

(a) Before a used oil marketer directs the first shipment of off-specification used oil fuel to a used oil burner, they shall obtain a one-time written and signed notice from the used oil burner certifying that the used oil burner:

(1) Has submitted notification of the burner’s used oil management activities to the department, or if out of state, to the state or EPA region in which the burner is located; and

(2) Will burn the off-specification used oil only in an industrial furnace or boiler identified in Env-Hw 1409.03(a).

(b) Certifications described in (a), above, shall be kept as specified in Env-Hw 1410.07(a)(3).

Source. #14282, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 1410.07 Recordkeeping Requirements.

(a) A used oil fuel marketer shall keep the following records, as applicable:

(1) Copies of analyses of the used oil or other information used to demonstrate compliance with Env-Hw 1410.04, for at least 3 years from the date the used oil was last marketed;

(2) For at least 3 years from the date of shipment, a record of each shipment of used oil that is shipped to a used oil processor/re-refiner, used oil burner, or another used oil fuel marketer, in the form of a log, invoice, manifest, bill of lading, or other shipping document, that includes:

a. The name, address, and EPA identification number of the transporter that delivers the used oil;

b. The name, address, and EPA identification number of the receiving entity;

c. The quantity of used oil shipped;

d. The date of shipment; and

e. If the used oil meets the specifications of Env-Hw 1404.02, a cross-reference to the record of used oil analysis or other information required in (a), above; and

(3) The certification required in Env-Hw 1410.06, for at least 3 years from the date the last shipment of off-specification used oil is shipped to the used oil burner.

(b) The 3-year record retention period for the records specified in this section shall be extended automatically while any enforcement action is pending.

Source. #14282, 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 1401	RSA 147-A:3, I, IV, VI, VII, and IX; RSA 147-B:14	40 CFR 261; 40 CFR 279
Env-Hw 1402	RSA 147-A:3, I, IV, and VI	40 CFR 261; 40 CFR 279.10
Env-Hw 1403	RSA 147-A:3, I and IV	40 CFR 261; 40 CFR 279.12
Env-Hw 1404	RSA 147-A:3, I	40 CFR 261; 40 CFR 279.11
Env-Hw 1405	RSA 147-A:3, I, IV, VI, and VII	40 CFR 261; 40 CFR 279
Env-Hw 1406	RSA 147-A:3, I, IV, VI, and IX	40 CFR 261; 40 CFR 279 Subparts C & D
Env-Hw 1407	RSA 147-A:3, I, IV, VI, and VII; RSA 147-B:14	40 CFR 261; 40 CFR 279 Subpart E
Env-Hw 1408	RSA 147-A:3, I, IV, VI, and VII	40 CFR 261; 40 CFR 279 Subpart F
Env-Hw 1409	RSA 147-A:3, I, IV, and VI	40 CFR 261; 40 CFR 279 Subpart G
Env-Hw 1410	RSA 147-A:3, I, IV, and VI	40 CFR 261; 40 CFR 279 Subpart H

Appendix B: Incorporation By Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RSA 147-B:2

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

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

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

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

(2) Sign and date the facility certification;

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

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

40 CFR 260.5

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

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

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

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

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

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

40 CFR 260.10

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Incompatible waste means a hazardous waste which is unsuitable for:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 CFR 261.1(c)(3)

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

40 CFR 261.1(c)(6)

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

40 CFR 261.1(c)(9)

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

40 CFR 261.1(c)(10)

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

40 CFR 261.1(c)(11)

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

40 CFR 261.1(c)(12)

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

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

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

40 CFR 262.81

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

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

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

40 CFR 266.500

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

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

Healthcare facility means any person that is lawfully authorized to—

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

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

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

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

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

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

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

(2) Undispensed; and

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

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

40 CFR 268.2(c)

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

40 CFR 270.2

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

40 CFR 273.2(c)(2)

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

40 CFR 273.3(c)(1)

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

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

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

40 CFR 273.3(c)(2)

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

40 CFR 273.4(c)(2)

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

40 CFR 273.5(c)(2)

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

40 CFR 273.6(c)(2)

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

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

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

40 CFR 273.33(c)(2)

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

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

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

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

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

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

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

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

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

40 CFR 279.1

Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived product. Processing includes, but is not limited to: blending used oil with virgin petroleum products, blending used oils to meet the fuel specification, filtration, simple distillation, chemical or physical separation and re-refining.

Used oil generator means any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation.

Used oil processor/re-refiner means a facility that processes used oil.

Used oil transporter means any person who transports used oil, any person who collects used oil from more than one generator and transports the collected oil, and owners and operators of used oil transfer facilities. Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation but, with the following exception, may not process used oil. Transporters may conduct incidental processing operations that occur in the normal course of used oil transportation (e.g., settling and water separation), but that are not designed to produce (or make more amenable for production of) used oil derived products or used oil fuel.

40 CFR 279.22(b)(1)

Containers and aboveground tanks used to store used oil at generator facilities must be: (1) In good condition (no severe rusting, apparent structural defects or deterioration).

Appendix E: Emergency Telephone Numbers

Organization	Telephone Number	Days/Hours
DES Emergency Response Team	(603) 271-3899	Monday through Friday; 8 a.m. to 4 p.m.
N.H. State Police Headquarters Communications Unit	(603) 223-4381	Every day; 24 hours per day