CHAPTER
Env-Hw 300 PERMITS
Statutory
Authority: RSA 147-A:3; RSA 541-A:16,
I(b)
REVISION NOTE:
Document
#9362, effective 1-28-09, readopted with amendments and renumbered the permit
rules on hazardous waste management, formerly in Part Env-Wm 301 and Part
Env-Wm 351 through Part Env-Wm 353 (Part Env-Wm 352 reserved), under a new
subtitle as Env-Hw 300. The
redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules
reorganization plan for Department rules approved by the Director of the Office
of Legislative Services on 9-7-05.
Document #9362 replaced all prior filings for hazardous waste rules
formerly in Chapter Env-Wm 300.
The prior filings for the former rules
in Env-Wm 300 on hazardous waste included the following documents:
#5053, eff 1-24-91
#5886, eff 8-26-94
#6619-B, eff 10-29-97
#7207-B, eff 2-26-00
#7333, eff 8-1-00
#7578, eff 10-13-01
#8462-A, eff 10-28-05
#9215, INTERIM, eff 8-1-08
PART
Env-Hw 301 PURPOSE AND APPLICABILITY
Env-Hw 301.01 Purpose. The purpose of this chapter is to establish a
hazardous waste management facility permit system pursuant to RSA 147-A.
Source.
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff
1-28-09; ss by #12345, eff 8-14-17
Env-Hw 301.02 Applicability. This chapter shall apply to any person who
holds a permit for or who is required to obtain a permit for a hazardous waste
management facility.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
PART Env-Hw 302
DEFINITIONS
Env-Hw 302.01 “Application” means the department's standard
form or the EPA standard national form for applying for a permit, the
information provided on and with the form, and the fee associated with the
application, as applicable.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 302.02 “Draft permit” means a document prepared
pursuant to Env-Hw 304.19 that reflects the department’s intent to issue,
modify, revoke and reissue, or reissue a permit.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 302.03 “Emergency permit” means a permit that is
issued to allow the treatment, storage, or disposal of hazardous waste when
necessary to abate or avoid an imminent and substantial endangerment to human
health or the environment.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 302.04 “Holocene” means the most recent epoch of the
Quaternary period, extending from the end of the Pleistocene to the present.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 302.05 “Limited permit” means a permit issued to
allow the operation of an elementary neutralization unit or wastewater
treatment unit.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 302.06 “National Pollutant Discharge Elimination
System (NPDES)” means the national permit program for imposing and enforcing
pretreatment requirements pursuant to §§307, 318, 402 and 405 of the Clean
Water Act, as amended, 33 U.S.C. §§1251 et seq.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
PART Env-Hw 303
PERMIT REQUIREMENTS; EXEMPTIONS
Env-Hw 303.01 Requirement to Obtain a Permit.
(a)
No person shall construct, modify or operate a facility without first
obtaining a permit from the department or without qualifying for and
maintaining interim status.
(b)
An operator of an existing facility that files an interim status
application with the department and otherwise qualifies for interim status in
accordance with Env-Hw 304.02 may operate without a standard permit or transfer
facility permit until the department makes a final determination on its
standard permit or transfer facility permit application. An interim status facility shall comply with
all requirements established by Env-Hw 304.02 in order to maintain interim
status and shall submit an application for a standard permit or transfer
facility permit in a timely fashion as required by Env-Hw 304.10(b).
(c)
Unless exempted by Env-Hw 303.02, the operator of a new facility shall
obtain a standard permit in accordance with all requirements of Env-Hw 304
before construction or operation of the facility begins.
(d)
The operator of a facility, including a generator, who operates an
elementary neutralization unit or wastewater treatment unit including an
evaporation unit, shall obtain a limited permit for that unit in accordance
with Env-Hw 304.04.
(e)
The operator of a facility shall have a duly issued permit from the
department throughout the facility’s active life, including closure and
post-closure care, as applicable. Denial
of a permit pursuant to this chapter for the active life of a facility shall
not affect the requirement to prepare and implement a closure and post-closure
plan.
(f)
The operator of a facility holding one or more permits issued by other
New Hampshire or federal programs shall also obtain a permit pursuant to this
chapter unless specifically exempted by the hazardous waste rules.
(g) When a facility is owned by one person but is operated by another person, then:
(1) The operator shall obtain the permit; and
(2) The owner shall also sign the permit application.
Source. (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 303.02 Exemptions.
(a) This chapter shall not apply to:
(1) A generator that accumulates hazardous waste onsite in compliance with all of the conditions for exemption provided in Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, and Env-Hw 513, as applicable;
(2) A farmer who disposes of hazardous waste pesticides from the farmer’s own use in accordance with Env-Hw 501.02(a);
(3) The owner and operator of a totally enclosed
treatment facility as defined in Env-Hw 104;
(4) Persons adding absorbent material to waste in a container and persons adding waste to absorbent material in a container, provided that:
a. These actions occur at the time waste is first placed in the container;
b. The addition does not change the chemical properties of the waste; and
c. The requirements of 40 CFR 264.17(b), 40 CFR 264.171, and 40 CFR 264.172 are met;
(5) A universal waste handler or universal waste transporter handling universal waste, provided the waste is managed in accordance with Env-Hw 1100;
(6) A reverse distributor that accumulates potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in accordance with Env-Hw 1300;
(7) The owner or operator of a household
hazardous waste collection project that receives hazardous waste from a very
small quantity generator, provided the hazardous waste is:
a. Manifested in accordance with Env-Hw 510;
b. Received only during a one-day household
hazardous waste collection event; and
c. Given directly by the very small quantity
generator to a New Hampshire registered hazardous waste transporter during a
one-day collection event; and
(8) A government entity that receives household
hazardous waste from another government entity provided the receiving entity
manages the household hazardous waste in accordance with the applicable
generator requirements of Env-Hw 500 and ships the household hazardous waste
off site within 90 days after receipt.
(b)
The operator of a transfer facility shall be exempt from the
prohibitions of Env-Hw 304.09(d) and (e)(6).
(c)
Subject to (d), below, and for the duration of the emergency response
only, a person shall not be required to obtain a permit for treatment or
containment activities taken during immediate response to any of the following
situations:
(1) A discharge of a hazardous waste;
(2) An imminent and substantial threat of a
discharge of hazardous waste;
(3) A discharge of a material that, when
discharged, becomes a hazardous waste; or
(4) An immediate threat to human health, public
safety, property, or the environment from the known or suspected presence of
military munitions, other explosive material, or an explosive device, as
determined by an explosives or munitions emergency response specialist.
(d)
In the case of (c), above:
(1) A person who continues or initiates hazardous
waste treatment or containment activities after the immediate response is over
shall be subject to all applicable permitting requirements for those
activities; and
(2) In the case of emergency responses involving
military munitions, the requirements of 40 CFR 270.1(c)(3)(iii) shall
apply.
(e)
A generator that has obtained a standard permit only for storage of
hazardous waste generated on site shall be exempt from any siting requirements
of Env-Hw 304.09 that are more stringent than federal requirements, provided
that all hazardous waste is stored in an enclosed area.
(f)
An applicant for a transfer facility permit shall be exempt from Env-Hw
304.11(a)(8) if the applicant provides technical documentation to demonstrate
the facility meets the following conditions:
(1) The facility is operated so that all waste
handling occurs in an enclosed building with an impervious floor designed in
accordance with the criteria specified in 40 CFR 264.175 and 264.193, as
applicable;
(2) No hazardous waste containers, tanks, and
transport vehicles are located or stored at any time outside of the transfer
facility building; and
(3) The location of the transfer facility does
not contravene the siting requirements of Env-Hw 304.09.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #13406, eff
7-23-22; ss by #14279, eff 8-1-25, EXPIRES: 8-1-35
PART
Env-Hw 304 PERMITTING HAZARDOUS WASTE
FACILITIES
Env-Hw
304.01
Standard Permits. The
department shall issue standard permits for treatment, storage and disposal
facilities pursuant to RSA 147-A and all applicable sections of Env-Hw
304.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.02
Qualifying for Interim Status.
(a)
To be granted and to maintain interim status authorization to operate,
an existing facility shall:
(1) Notify the department in accordance with
Env-Hw 702.01;
(2) Obtain an EPA identification number;
(3) Submit interim status part A application
information in accordance with 40 CFR 270.13 no later than the earliest of the
following:
a. Six months after the publication date of
regulations that first require the facility to comply with Env-Hw 700; or
b. Thirty days after the facility first becomes
subject to the standards set forth in Env-Hw 700.
(4) Comply with the transfer of ownership and
relinquishment of property requirements of Env-Hw 304.28;
(5) Comply with the emergency/remedial action
requirements of Env-Hw 706;
(6) Submit a completed standard permit or
transfer facility permit application in accordance with Env-Hw 304.10; and
(7) Implement all changes at the facility during
interim status, including changes in facility operation, design, ownership, or
operational control, only in accordance with 40 CFR 270.72.
(b)
If the department has reason to believe upon examination of an interim
status part A permit application that the application fails to meet the
requirements of 40 CFR 270.13, the department shall notify the owner and the
operator of the facility in writing of the apparent deficiency. Such notice shall specify the grounds for the
department’s belief that the application is deficient. The owner or operator of the facility shall,
within 30 days from receipt, respond to such a notification and explain or cure
the alleged deficiency in the permit application.
(c) An existing facility that previously has been
denied a facility permit or where authority to operate the facility previously
had been terminated shall not qualify for interim status.
(d) During the interim status period the facility
shall not:
(1) Treat, store,
or dispose of hazardous waste not specified in the permit application;
(2) Employ
processes not specified in the permit application; or
(3) Exceed the
design capacities specified in the permit application.
(e) During the interim status period, the
facility shall comply with the interim status standards set forth in Env-Hw
700.
(f)
All facility operators shall comply with the following requirements for
updating interim status part A applications:
(1) Updated interim status part A applications
shall be filed with the department or the EPA as required by 40 CFR
270.10(g)(1);
(2) Interim status shall only attach to
activities expressly covered by the interim status part A application; and
(3) An operator who does not file an updated
interim status part A application for new or expanded activities as allowed by
40 CFR 270.72 shall not receive interim status for those activities.
(g) Interim status shall terminate upon:
(1) The final
administrative disposition of the standard or transfer facility permit
application;
(2) Failure to
furnish a completed permit application on time;
(3) Failure to furnish information required by
Env-Hw 304.11 in a timely fashion; or
(4) Failure to
comply with the conditions of this part.
(h)
For any land disposal facility that was in existence on the effective
date of statutory amendments or amendments to the hazardous waste rules that
cause the facility to be subject to the requirement to have a hazardous waste
permit, interim status shall terminate 12 months after the date on which the
facility first becomes subject to such permit requirement unless the owner or
operator of such facility:
(1) Submits, in accordance with Env-Hw 304.10, an
application for a standard permit for such facility no later than 12 months
after the date on which the facility first becomes subject to such permit
requirement; and
(2) Certifies, as specified in Env-Hw 207, that
such facility is in compliance with all applicable groundwater monitoring and
financial responsibility requirements.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.03 Permits-by-Rule. An owner or operator shall be deemed to have
a permit-by-rule if the facility meets the conditions specified in 40 CFR
270.60(a) and (c).
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.04 Limited Permits.
(a) This section shall apply to owners and
operators of elementary neutralization units and wastewater treatment units
provided that, in the case of elementary neutralization units that are
transport vehicles or vessels or containers otherwise used to transport the
waste after neutralization, neutralization occurs in these units while they
remain stationary and before transport of the neutralized waste begins.
(b) This section shall not apply to the owner or
operator of an elementary neutralization unit or wastewater treatment unit if
the owner or operator is a very small quantity generator as described in Env-Hw
503.02.
(c)
A limited permit shall be granted only if the applicant meets the
conditions specified in (d) through (i), below.
(d) The owner or operator shall not treat or
store a hazardous waste in an elementary neutralization unit or a wastewater
treatment unit without having received an EPA identification number in
accordance with Env-Hw 504.
(e) The operator shall prevent the unknowing
entry, and minimize the possibility for the unauthorized entry, of persons or
livestock into or onto the elementary neutralization unit or wastewater
treatment unit, unless:
(1)
Physical contact with the waste contained in the unit will not injure
unknowing or unauthorized persons or livestock that might enter the unit; and
(2)
Disturbance of the waste or equipment by the unknowing or unauthorized
entry of persons or livestock into or onto the unit will not cause a violation
of the requirements of this section.
(f) The operator shall inspect the elementary
neutralization unit or wastewater treatment unit in accordance with 40 CFR
265.15, except that the minimum inspection frequencies cited in 40 CFR
265.15(b)(4) shall not apply.
(g) The
operator of an elementary neutralization unit or wastewater treatment unit
shall ensure that:
(1) The unit
is constructed of sturdy, leak-proof material;
(2) The unit
is designed, constructed, and operated so as to prevent hazardous wastes from
being spilled or leaked into or onto any land or water during the operating
life of the unit; and
(3) The
treatment process conducted in the unit does not:
a. Generate
extreme heat or pressure, fire, explosion, or violent reaction;
b. Produce
uncontrolled toxic mists, fumes, or gases in sufficient quantities to threaten
human health;
c. Produce
uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fire or explosion;
d. Damage the
structural integrity of the tank or equipment containing the waste;
e. Otherwise
threaten human health or the environment; or
f. Include
placement of hazardous wastes or treatment reagents if they could cause the
unit or any of its equipment to rupture, leak, abnormally corrode, or otherwise
fail before the end of its intended life.
(h) At
closure, the operator of an elementary neutralization unit or wastewater
treatment unit shall remove all hazardous waste and hazardous waste residues
from the unit.
(i) Within 15
days after any spill or leakage of hazardous waste from an elementary
neutralization unit or wastewater treatment unit, the operator of the unit
shall submit a written report to the department that contains the following information:
(1) Name,
address, and telephone number of the owner or operator;
(2) Name,
address, and telephone number of the facility;
(3) Date,
time, and nature of the incident;
(4) Name
and quantity of materials 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 spilled or leaked material
recovered after the incident.
(j) A limited
permit shall be granted only for an elementary neutralization unit or
wastewater treatment unit that:
(1) Meets
the applicable definition for such a unit in Env-Hw 103 or Env-Hw 104;
(2) Is
subject to and in compliance with a National Pollution Discharge Elimination
System (NPDES) permit if the unit discharges directly into surface waters;
(3) Meets
the best engineering practice for such units;
(4) Has
been assigned an EPA identification number, unless the unit is totally enclosed
with no hazardous waste sludges produced;
(5) Is in
compliance with the manifesting requirements of Env-Hw 510; and
(6) Is in
compliance with the recordkeeping and reporting requirements of Env-Hw 512, for a generator, or Env-Hw 705, for an owner or operator of a hazardous waste
facility.
(k) A limited permit shall be granted for a
wastewater evaporation unit only if the applicant demonstrates that:
(1) The
facility uses an evaporation-type unit that removes wastewaters by an
evaporation or heat process;
(2) The
unit is permitted for air emission discharges or demonstrates on documents that
air emission discharges from the evaporation unit do not significantly impact
ambient air quality; and
(3) The
facility complies with the requirements of (d) through (i), above.
(l) The operator of each unit subject to this section
shall complete and submit:
(1) Form
HWM-1 “Hazardous Waste Limited Permit Application” as amended August 2025;
(2) The following information:
a. Process design drawings, plans, or flow
diagrams;
b. Engineering
design plans or manufacturer technical specifications for the unit(s);
c. A copy of the inspection schedule for the
unit(s);
d. Analytical results, from analyses conducted
no more than 12 months prior to submittal of the application, for a
representative sample of:
1. Wastewater, before and after treatment; and
2. Treatment sludge, if applicable;
e. A copy
of the related, current wastewater discharge permit, if any; and
f. If
seeking a permit for a wastewater evaporation unit, a copy of any related,
current air resources division permits or documentation to demonstrate that
the air emissions do not significantly impact air quality; and
(3) The
application fee specified in Env-Hw 304.07(d)
or Env-Hw 304.07(e)(7), as applicable.
(m) A limited permit shall expire 5 years from
the date of issuance.
(n) The permittee shall apply for a permit
renewal by submitting an application as specified in (l), above, to the department before the limited permit expires.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; amd by #12922, eff
11-23-19; ss by #14279, eff 8-1-25, EXPIRES: 8-1-35
Env-Hw 304.05 Special Permits.
(a)
Emergency permits shall be issued in accordance with 40 CFR 270.61.
(b)
Hazardous waste incinerator permits shall be issued in accordance with
40 CFR 270.62.
(c)
Permits for land treatment demonstrations using field test or laboratory
analyses shall be issued in accordance with 40 CFR 270.63.
(d)
Research, development and demonstration permits shall be issued in
accordance with 40 CFR 270.65.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.06
Effect of a Permit.
(a)
After a permit is issued, the permittee shall comply with the express
terms and conditions of the permit and all of the following, provided that in
the case of a conflict, the requirement that is more protective of human
health, safety, and the environment shall apply:
(1) New Hampshire and federal statutes;
(2) Rules adopted by the department;
(3) 40 CFR Part 268, restricting the placement of
wastes in or on the land;
(4) 40 CFR 264 leak detection system
requirements, as described in 40 CFR 270.4(a)(1)(iii); and
(5) 40 CFR 265 Subpart AA, BB, or CC, limiting
air emissions.
(b) A permit shall not convey any:
(1) Property
rights of any sort; or
(2) Exclusive
privileges.
(c) A permit shall not authorize any injury to
persons or property or invasion of other private rights, or any infringement of
state or local law or rules.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #12922, eff
11-23-19
Env-Hw
304.07
Fees.
(a) As authorized by RSA 147-A:4, II, the
applicant shall remit a non-refundable fee with each permit application.
(b) The fee for a standard permit application
shall be:
(1) $7,500 for a
disposal facility;
(2) $7,500 for a
treatment facility;
(3) $7,500 for a
storage facility;
(4) $4,500 for a
generator storage facility that stores 1,000 kg or more for longer than 90
days; and
(5) $2,000 for a
generator storage facility that stores between 100 kg and 1,000 kg for longer
than 90 days.
(c) The fee for a transfer facility permit
application shall be $4,500.
(d) The fee for a limited permit application
shall be $750.
(e) The fee for a permit renewal or modification
application shall be:
(1) $4,000 for
standard permit for a disposal facility;
(2) $4,000 for
standard permit for a treatment facility;
(3) $4,000 for
standard permit for a storage facility;
(4) $2,500 for a
standard permit for a generator storage facility that stores 1,000 kg or more
for longer than 90 days;
(5) $1,000 for a
standard permit for a generator storage facility that stores between 100 kg and
1,000 kg for longer than 90 days;
(6) $3,000 for a
transfer facility permit; and
(7) $400 for a
limited permit.
(f) Fees paid by check or money order shall be
made payable to “Treasurer, State of New Hampshire”.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.08 Siting Requirements for
Existing Facilities.
(a) An existing facility may remain located in a
100-year floodplain only if:
(1) The facility
is designed, constructed, operated, and maintained to prevent washout of any
hazardous waste by a 100-year flood; or
(2) The operator
ensures that all waste can be removed safely to a location where the wastes
will not be vulnerable to flood waters
before flood waters can reach the
facility.
(b) Floodplain determinations shall be made in
accordance with 40 CFR 270.14(b)(11)(iii).
(c) No person shall place any hazardous waste in
a salt dome formation, salt bed formation, underground mine, or cave.
(d) No portion of a facility where treatment,
storage, or disposal of hazardous waste is conducted shall be located within 61
meters or 200 feet of a fault that has had displacement in Holocene time.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.09
Siting Requirements for New Facilities.
(a)
No new facility shall be issued a permit unless the applicant
demonstrates that the active portion of the facility shall be sited in compliance with Env-Hw 702.09.
(b) Landfills, land treatment facilities, piles,
and surface impoundments shall not be located within the 500-year floodplain.
(c) Transfer, treatment, storage, and disposal
facilities shall not be located within the 100-year floodplain.
(d) Portions of new facilities where
treatment, storage, or disposal of hazardous waste will be conducted shall not
be located within 61 meters or 200 feet of a fault that has had displacement in
Holocene time.
(e) Unless a facility is granted a waiver
pursuant to Env-Hw 202 or is exempt pursuant to Env-Hw 303.02, the department
shall not issue a permit to a new facility whose active portion is to be sited:
(1) Within 1,000
feet of a residence as defined in Env-Hw 104 that exists at the time an
applicant submits a permit application.
For the purposes of this subparagraph, a residence shall be deemed to
exist as soon as actual construction of the residence has begun;
(2) Within 1,000
feet for transfer facilities or within 3,000
feet for treatment, storage, or disposal facilities of a school, hospital, or
home for the elderly that exists at the time an applicant submits a permit
application, if such an institution:
a. Is a publicly owned institution and the
municipality or other governing body has reached the level of planning whereby
it has already committed specified funds toward the purchase or lease of a
specific site for the project or toward construction of the project; or
b. Is privately owned and the owner has already
begun construction on the project;
(3) Within 200
feet for transfer, treatment, or storage facilities or within 500 feet for
incinerators, landfills, land treatment facilities, piles, or surface
impoundments of an adjacent property line;
(4) Within an area
that has hydrologic characteristics such that an accidental discharge of
hazardous waste from the active portion could take less than one year to
migrate through the ground to:
a. The property
line of the parcel on which the facility is proposed to be built;
b. A down-gradient
discharge of groundwater to a surface water described in (9), (10), or (12),
below; or
c. An aquifer
described in (6), below;
(5) For landfills,
land treatment facilities, piles, and surface impoundments, within an area not
underlain by an aquiclude as defined in Env-Hw 103 unless an artificial barrier
is installed that has a hydraulic conductivity for water of 1x 10-7 cm per second or
less and that has sufficient thickness to function as an aquiclude;
(6) Within an area
underlain by an aquifer occurring in non-bedrock formations capable of having a
safe yield greater than 200,000 gallons per day;
(7) Within the
following distance of the intake of a surface water that is a source, or the
zone of contribution for a well that is a source, for a public water system as
defined in RSA 485:1-a as of the time the applicant submits a permit
application:
a. For landfills,
land treatment facilities, piles, or surface impoundments, 5,000 feet;
b. For treatment,
storage or other disposal facilities, 3,000 feet; or
c. For transfer
facilities, 1,000 feet;
(8) Within the
watershed of a river designated as a Class A water pursuant to RSA 485-A:9 as
of the time the applicant submits a permit application;
(9) Within 250
feet for transfer facilities or within 500 feet for treatment, storage, or
disposal facilities of the edge of a river or stream having a drainage area of
one square mile or more;
(10) Within 250
feet for transfer facilities or within 1,000 feet for treatment, storage, or
disposal facilities of a pond, lake, or reservoir whose surface area exceeds 10
acres;
(11) Within 1,500
feet for landfills, land treatment facilities, piles or surface impoundments,
within 750 feet for treatment, storage and other disposal facilities, or within
250 feet for transfer facilities, of the edge of a river or stream whose normal
width is 100 feet or more;
(12) Within 250
feet for transfer facilities or within 1,000 feet for treatment, storage, or
disposal facilities of a wetland as regulated by RSA 482-A whose surface area
exceeds 25 acres;
(13) Within the
corridor of a river designated as a natural river pursuant to RSA 483; or
(14) Within any
salt dome formation, salt bed formation, underground mine or cave.
(f) Determination of safe yield pursuant to
(e)(6), above, shall be made in accordance with accepted hydrogeological
practices.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff
8-14-17
Env-Hw 304.10 Permit Application Process.
(a)
Before beginning construction or operation of a new facility, including
a presently operating non-hazardous waste facility that proposes to treat,
store, or dispose of hazardous waste on-site, the operator shall:
(1) Submit a standard permit or transfer facility
permit application signed in accordance with (d), below, that contains the
information required in Env-Hw 304.11 and, as applicable, Env-Hw 304.18; and
(2) Obtain a standard permit or transfer facility
permit from the department.
(b)
The operator of an existing facility shall submit a complete standard
permit or transfer facility permit application, signed in accordance with (d),
below, to the department no later than 12 months from the date that the
department receives the interim status part A application from the facility,
unless subject to an earlier deadline as provided in Env-Hw 304.02(h).
(c) Existing facilities that do not qualify for
interim status shall submit a standard permit or transfer facility permit
application to the department immediately upon becoming
subject to the standards in Env-Hw 700.
(d)
Signatory requirements shall be as set forth in 40 CFR 270.11.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.11 Required Standard Permit
and Transfer Facility Permit Application Information.
(a) The applicant for a standard permit or a
transfer facility permit shall submit the following information:
(1) The Part A application information required
by 40 CFR 270.13, and the Part B application information required by 40 CFR
270.14(b) through (d);
(2) The name of a
contact person for the site;
(3) For new land
disposal facilities, the floodplain information required by 40 CFR
270.14(b)(11), including whether the facility is proposed to be located within
a 500-year floodplain;
(4) Facility
design plans and specifications, prepared and stamped approved by a New
Hampshire registered professional engineer, including a scale drawing of the
facility, showing the location of all past, present, and future treatment,
storage, and disposal areas in sufficient detail to provide complete
information to a contractor hired to build the facility even if the owner or
operator intends to construct the facility without hiring a contractor;
(5) Construction
schedule for any new construction or planned modifications to existing
structures;
(6) If the applicant is
leasing the property upon which the facility is located, a certification, as
specified in Env-Hw 207, from the owner of the property verifying that such a
lease exists and specifying the duration of that lease;
(7) The results of
a criminal records check and a performance history of the
applicant and of its officers and directors relative to the operation,
financial security, and ownership of all facilities owned or operated by the
applicant, submitted in accordance with RSA 147-A:4, II-c, II-d and IV‑a;
(8) Unless exempt pursuant to Env-Hw 303.02(e) or
(f), a hydrogeological analysis that includes the following:
a. Information
required by 40 CFR 264.97;
b. An accumulation
and evaluation of published or existing hydrogeological information;
c. An accumulation
and evaluation of geological structural controls at the site to determine the
site’s relationship to intermediate and regional flow systems;
d. An assessment
of the geophysical characteristics of the underlying materials so that the
hydrogeological characteristics of the site can be evaluated;
e. A determination
of the configuration of the groundwater table, including groundwater gradients
of the unconfined and, where appropriate, confined aquifers;
f. The saturated
thickness of the aquifers and the hydraulic interconnection between them;
g. Field data to
represent high and low water table conditions;
h. The location of
groundwater monitoring wells that are designed and will be located so as to
yield the following data from which site impacts can be determined:
1. Test pits;
2. Well logs;
3. Boring logs;
and
4. Well
construction specifications;
i. An evaluation
of pump tests to determine hydraulic conductivity, migration rates, and aquifer
transmissivities and storativities;
j. A determination
of background water quality, and a submittal of the sampling and analysis
methods used for such determination; and
k. A written
confirmation from the department whether a groundwater permit is required;
(9) If applicable, the information specified in
40 CFR 270.10(j), 40 CFR 270.15, 40 CFR 270.16, 40 CFR 270.17, 40 CFR 270.18,
40 CFR 270.19, 40 CFR 270.20, 40 CFR 270.21, 40 CFR 270.23, and 40 CFR 270.26;
and
(10) Any
additional information necessary to demonstrate that human health, safety and
the environment will be protected.
(b) As used in (a)(8)i., above, “transmissivity”
means the rate at which water of a prevailing density and viscosity is
transmitted through a unit width of aquifer or confining bed under a unit
hydraulic gradient.
(c) As used in (a)(8)i., above, “storativity”
means the volume of water taken into or released from storage per unit change
in head per unit area.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff
8-14-17
Env-Hw
304.12
Application Recordkeeping Requirements.
(a)
Each applicant shall keep records of all data used to complete the
permit application and any information required to be submitted with the
application for not less than 3 years from the date the applicant submitted the
application.
(b) The retention period for all records required
by this part shall be
extended automatically while any enforcement action regarding the facility is
pending.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.13)
Env-Hw 304.13 Pre-Submittal Conference. Upon the applicant’s request, the department
shall afford the applicant an opportunity to
meet with the department before
submitting an application in order to review the department’s permit application requirements, including, if
applicable, the siting requirements of Env-Hw 304.09.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.14)
Env-Hw 304.14 Submission of Application.
(a) The applicant shall submit:
(1) The original and 3 copies of the application
and all supporting materials required by Env-Hw 304.10;
(2) A cover letter signed by
the applicant certifying, as specified in Env-Hw 207, that the submitted
application meets all necessary application requirements sufficient to render
it technically adequate to undergo an engineering review; and
(3) The fee
required by Env-Hw 304.07.
(b)
An applicant who wishes to apply for a waiver to any provision of Env-Hw
304.09(e) shall do so pursuant to Env-Hw 202 at the time the application is
submitted. The department shall address the applicant’s waiver request within
its site evaluation.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.15)
Env-Hw
304.15
Determination of Completeness.
(a) Upon receipt of a permit application, the department
shall determine whether the application is
complete by carefully evaluating all technical information submitted by the
applicant to ensure that the submitted information is adequate, accurate, and
technically sufficient to meet the submittal requirements of the hazardous
waste rules.
(b) The application shall not be deemed complete
unless it clearly demonstrates that the proposed facility is capable of being
operated safely and that the operation of the facility will not pose an
unreasonable risk or threat to human health or the environment.
(c) If the application is deemed to be
incomplete, the department shall suspend its review of the application and send a letter to the
applicant that states the reason for incompleteness.
(d)
The applicant shall resubmit
the application only if all deficiencies noted by the department in the letter
of incompleteness are addressed.
(e)
If the department determines that a standard permit application is
complete, the department shall review the application in accordance with Env-Hw
304.17 through Env-Hw 304.23. If the
department determines that a transfer facility permit application is complete,
the department shall review the application in accordance with Env-Hw 304.21
through Env-Hw 304.23.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12345, eff
8-14-17 (formerly Env-Hw 304.16)
Env-Hw 304.16 Notification Upon Receipt
of Completed Applications.
(a)
Upon determining that a standard permit application is complete
according to the criteria set forth in Env-Hw 304.15, the department shall:
(1)
Send a letter to the applicant informing the applicant that the
application is considered to be complete and will undergo the review process
specified in Env-Hw 304.17;
(2)
Send written notification to the local governing body of the receipt of
the completed application so that a municipal review committee can be appointed
in accordance with RSA 147-C:2; and
(3)
Within 15 days of determining that an application is complete, notify
the general public as specified in Env-Hw 304.21 that the completed application
is available for review.
(b) If the department determines that a transfer facility permit
application is complete, a notification of the department’s completeness determination shall be sent to:
(1) The applicant;
(2) The local governing body for the town in
which the facility is proposed to be located; and
(3) The general public in accordance with Env-Hw
304.21.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.17); ss by #13406, eff 7-23-22
Env-Hw 304.17 Evaluation of Complete Standard Permit
Application.
(a)
After the application is deemed complete in accordance with Env-Hw
304.15, the commissioner or designee shall assign a staff engineer to conduct a
complete technical review of the application, including a determination as to
whether the proposed facility could be sited or operated, or a proposed
activity could be conducted, such that human
health, safety, and the environment will be protected.
(b)
The engineer assigned pursuant to (a), above, shall evaluate all
information submitted with the application, all facility requirements, and all
information submitted during the public comment period and public hearings
conducted in accordance with Env-Hw 304.21.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.18); ss by #13406, eff 7-23-22
Env-Hw 304.18 Result of Evaluation of
Complete Application for New Treatment, Storage or Disposal Facilities. For any application for a new treatment,
storage, or disposal facility, if the department determines that the permit application does not contain sufficient
information to determine whether the proposed facility could be sited or
operated, or the proposed activity could be conducted, such that human health,
safety, and the environment will be protected, the applicant shall, upon
request by the department, submit the following information:
(a) A health assessment that evaluates the
hazardous nature of the wastes that will be handled at the facility and their
potential impact on public health resulting from the operation of the facility,
including the following:
(1) Data on the
hazardous wastes regarding:
a. Known or
suspected health effects associated with the wastes being handled, including
information on acute toxicity, chronic toxicity, carcinogenicity, mutagenicity,
teratogenicity and reproductive effects;
b. Environmental
persistence in soil, air, and water;
c. Bioaccumulation
potential;
d. Emission or
discharge rates of the hazardous wastes or by-products from the facility;
e. Potential
pathways of human exposure or environmental receptors to the hazardous waste or
hazardous constituents and on the potential magnitude and nature of such
exposures; and
f. Existing
regulatory or suggested exposure limits for the hazardous wastes or their
by-products; and
(2) Identification
and discussion of the applicant’s health and safety procedures and control
measures intended to minimize the public health and safety risks associated
with the facility’s operation and location based on the health assessment;
(b) An ecological analysis of the potential
adverse effects to the local biotic habitat due to accidental discharge of
hazardous waste that describes the environment of the area of the facility and
includes a biologist’s report that lists the wildlife species known to live in
or migrate through the environmental area and evaluates the potential adverse
biological effects of such a discharge upon said species;
(c) An air impact analysis that includes the
following:
(1) An
identification of all pollutants and their emission rates from all emission
points at the facility including mobile, fugitive, and stack emissions;
(2) The seasonal
emission variation;
(3) Process and
control technology information;
(4) The ambient
background concentrations for all pollutants;
(5) Modeled
ground-level concentrations for all pollutants using EPA guidelines; and
(6) The impact on
soils, vegetation, visibility, climate, meteorology, and terrain;
(d) A transportation impact and safety analysis
that assesses the potential public health and environmental risks associated
with transporting hazardous waste to the facility, with a focus upon those
primary and alternate routes most likely to be used by transporters traveling
to the facility from their point of exit off the nearest divided,
limited-access highway, and frontage roadways providing immediate, direct
access to the facility, that includes the following:
(1) Identification
of all routes and frontage roads by federal, state and/or local name within
each of the major transportation corridors, and a map or maps that clearly
depict each of these routes;
(2) A description
of each major transportation corridor and each frontage roadway in each route
identified pursuant to (1), above, that includes all relevant information
pertaining to the safe transportation of the types of hazardous wastes to be
transported to and from the facility, including but not limited to type, width,
and condition of the routes in question;
(3) A description
of the type, size, and configuration of vehicles expected to be transporting
hazardous waste to the facility;
(4) Identification
of all road segments existing in each route identified pursuant to (1), above,
that are structurally, functionally, or topologically deficient based on the
latest American Association of State Highway and Transportation Officials
(AASHTO) standards, New Hampshire department of transportation adjusted
sufficiency ratings, and sound engineering judgment;
(5) A discussion
of all known or planned highway improvements that could affect each route
identified pursuant to (1), above;
(6) A general
traffic study for each route identified pursuant to (1), above, including data
pertaining to average daily traffic volumes and peak hour traffic volumes, as
well as all appropriate capacity analyses, and to the proposed facility’s
impact upon the generation of new traffic and new traffic patterns;
(7) Identification
and engineering analysis of all accidents that have occurred within the
previous 5 years along each route identified pursuant to (1), above, with
particular emphasis placed upon those accidents that could have posed public
health or environmental risks had they involved a vehicle transporting
hazardous waste;
(8) Identification
of and an emergency response analysis for each location along each route
identified pursuant to (1), above, where there is reasonable potential for the
occurrence of future accidents and where there is reasonable potential for the
occurrence of public health and environmental risks should such accidents
involve a vehicle transporting hazardous waste; and
(9) An analysis of
improvements that might be incorporated along each route identified pursuant to
(1), above, to reduce the risks associated with the transportation of hazardous
wastes along said roads, such as the correction of topological or structural
deficiencies or the upgrading of traffic control devices and signing.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17 (formerly Env-Hw
304.12)
Env-Hw
304.19
Preparation of Draft Permit and Fact Sheet.
(a)
If the department determines that the application demonstrates that the
proposed facility could be sited and operated,
or the proposed activity could be conducted, such that human health,
safety, and the environment will be protected, the department shall prepare a
draft permit based on the administrative record as defined by 40 CFR 124.9.
(b) The draft permit shall contain the following
information:
(1) All required
general and specific conditions;
(2) All compliance
schedules;
(3) All monitoring
requirements; and
(4) Standards for
treatment, storage, and disposal, as applicable, and other permit conditions.
(c) All draft permits prepared by the department
shall be accompanied by a fact sheet that:
(1) Briefly sets
forth the principal facts and the significant factual, legal, methodological,
and policy questions considered in preparing the draft permit;
(2) Describes the
type of facility or transfer facility or activity covered by the draft permit;
(3) Identifies the
type and quantity of wastes proposed to be treated or being treated, stored,
disposed of, emitted, or discharged;
(4) Summarizes the
basis for the draft permit conditions including applicable regulatory
citations;
(5) Describes the
procedures for making a final decision on the draft permit;
(6) Describes the
procedures for public comment and hearing, including:
a. The beginning
and ending date of the public comment period;
b. The mailing
address and an email address to which comments may be sent;
c. The procedures
for requesting a hearing and the nature of that hearing; and
d. Any other
procedures by which the public may participate in the final decision;
(7) Lists the name
and telephone number of an individual at the department to contact for further
information; and
(8) Describes the reasons why any requested waivers or
alternatives to required standards do or do not appear justified.
(d)
The department shall distribute and publish the fact sheet and the draft
permit and make the fact sheet, the draft permit, and the rest of the
administrative record available for public comment in accordance with Env-Hw
304.20 and Env-Hw 304.21.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.20 Review of Draft Permit by
the Applicant.
(a) The department shall provide a copy of the draft permit to the
applicant for review. The applicant
shall have 30 days from the date the department mailed the draft permit to the applicant to review the draft permit and
submit comments and suggested revisions to the department.
(b) If the applicant is unable to complete the
review and submit comments within 30 days, the applicant may request the
department to allow additional time. If
the applicant requests additional time, the department and the applicant shall
confer to determine a new deadline for submitting comments. This request shall not be subject to Env-Hw
202 relative to waivers.
(c) The department shall review all comments and
suggested revisions submitted by the applicant.
If the department determines that requested changes meet the
requirements of Env-Hw 304 and Env-Hw 700, the
department shall incorporate the suggested revisions into the draft permit.
(d)
After the applicant’s review has been completed and after any revisions
have been incorporated into the draft permit, the department shall solicit
public comments as specified in Env-Hw 304.21.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.21 Public Involvement in the
Permitting Process.
(a) The department shall give public notice
whenever:
(1) A complete
permit application has been received;
(2) A draft permit
has been prepared;
(3) A notice of intent to terminate has been
issued pursuant to Env-Hw 304.27;
(4) A public
hearing has been scheduled; or
(5) An appeal has
been filed with the waste management council.
(b) Public notice that a completed application or
a notice of intent to terminate is available for public review shall allow for
not less than 30 days after the date of the notice to submit public comment or
request a public hearing, or both.
(c) Public notice that a draft permit has been
prepared shall allow for not less than 45 days after the date of the notice to
submit public comment or request a public hearing, or both.
(d) The department shall provide public notice
by:
(1) Publishing a
notice in a newspaper of daily statewide circulation, in a local newspaper, on
the department’s website, and by broadcast over local radio stations;
(2) Mailing a copy
of the notice and, if available, a copy of the fact sheet and the draft permit
to:
a. The applicant;
b. Each New
Hampshire agency that implements any program(s) that could be affected by or is
required to issue permits for the proposed facility, including but not limited
to cultural and historic resources and coastal zone management;
c. Federal
agencies having jurisdiction over fish and wildlife resources that could be
affected by the proposed facility;
d. Each affected
Indian tribe, if any;
e. Each unit of
local government having jurisdiction over the area where the facility is to be
located; and
f. Persons on a
mailing list compiled from:
1. Persons who
have requested in writing to be on the list;
2. Responses to a
solicitation of persons on area lists of participants in past permit
proceedings in the area; and
3. Responses to
notifications to the public of the opportunity to be put on the mailing list
through periodic publication in the public press and in such publications as
regional and state funded newsletters, environmental bulletins, or state law
journals; and
(3) Any other
method calculated to give actual notice of the action in question to persons
potentially affected by it, including press releases or any other forum or
medium to elicit public participation.
(e)
During the comment period, any person may submit comments, request a
non-adjudicative public hearing, or both, as follows:
(1) All comments and requests shall be in writing
and identify the person submitting the comments or request by name and
affiliation; and
(2) A request for a public hearing shall include
a short statement regarding the need for a hearing.
(f) If a public hearing is to be held, the
department shall give public notice of the hearing not less than 30 days before
the hearing as specified in (d), above.
(g) All public notices
issued pursuant to this section shall include the following information:
(1) The name and
address of the department;
(2) The name and
address of the permittee or permit applicant and, if different, of the facility
or activity regulated by the permit;
(3) A brief
description of the business conducted at the facility or transfer facility or
activity described in the permit application or draft permit;
(4) The locations
where and times during which the permit application and other applicable
documents are available for review;
(5) A statement
that all information submitted by the applicant is available as part of the
administrative record;
(6) The name,
address, and telephone number of an individual at the department from whom
interested persons may obtain further information, including a copy of the fact
sheet, draft permit, and the application;
(7) A brief
description of the public comment procedures, including:
a. A statement of
how a hearing can be requested or, if a hearing has already been scheduled, the
date, time, and place of the hearing; and
b. Other
procedures by which the public may participate in the final permit decision;
(8) The date(s) of
previous public notices relating to the topic, if any;
(9) A brief
description of the nature of the hearing, if applicable; and
(10) Any
additional information considered necessary or proper.
(h) If a final permit is issued, the department
shall:
(1) Prepare a
summary of the comments and the department’s responses to the comments, which
shall:
a. Identify which
provisions, if any, of the draft permit have been changed in the final permit
decision and the reasons for that change; and
b. Describe and
respond to comments on the fact sheet and on the draft permit that were raised
during the comment period or during the hearing; and
(2) Make the
summary available to the public.
(i)
Public hearings shall be as follows:
(1) A public hearing shall be mandatory for
disposal facilities, or if the department receives written notice of opposition
to a draft permit and a request for a hearing within 45 days after public
notice is issued pursuant to (d), above;
(2) In all other cases, a public hearing shall be
held if such a hearing will clarify one or more issues involved in the permit
decision;
(3) All public hearings shall be conducted
according to the procedures applicable to non-adjudicative proceedings
specified in Env-C 200; and
(4) Whenever possible, all public hearings shall
be held at a location near the proposed or existing facility.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.22 Permit Issuance.
(a)
Prior to making a decision on an application, the department shall
evaluate all duly-submitted information, including the completed application,
all public comments received, all hearing testimony, and the draft permit if
one was prepared.
(b)
The department shall issue the permit in whole or in part or deny the
application either in its entirety or only as to the active life of the
facility based upon whether the information demonstrates compliance with the
requirements of Env-Hw 700, RSA 147-A:4, II-a, RSA 147-A:4, II-d, and any other
applicable provisions.
(c) The department shall inform the applicant of its decision no
later than 90 days after the final date that the public may submit comments.
(d) A standard permit, transfer facility permit,
or limited permit shall, subject to modification, suspension, or revocation by
the department, be valid for 5 years unless a shorter term
is requested by the applicant based on the anticipated need for the permit.
(e) Any permittee may seek renewal of a permit
pursuant to Env-Hw 304.31.
(f) Issuance or denial of a standard permit or
transfer facility permit shall terminate any interim status held by the
facility.
(g) If an applicant is issued a standard permit
or transfer facility permit, the owner or operator may begin construction of
the facility in accordance with conditions of the permit.
(h) An owner or operator shall not commence
operation of a new facility or any modified portion of an existing facility
before:
(1) Construction has been completed;
(2) The department has received a letter signed by
the owner or operator and a New Hampshire registered professional engineer
certifying, as specified in Env-Hw 207, that the facility has been constructed
in compliance with the standard permit or transfer facility permit conditions;
and
(3) The department has verified the facility’s compliance and has
notified the owner or operator in writing that operation of the facility may
begin.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #13406, eff
7-23-22
Env-Hw
304.23
Permit Application Denial.
(a) If a permit application is denied, the
following shall apply:
(1) The department
shall send written notice of denial to the applicant by registered mail, return
receipt requested;
(2) The notice of
denial shall include a list of specific reasons for denial; and
(3) The applicant
whose permit application has been denied may appeal such denial to the waste
management council in accordance with Env-WMC 200.
(b) If a permit application is denied, the owner
or operator may reapply to the department after making necessary modifications to the
original permit application. The
applicant shall submit the appropriate fee, as specified in Env-Hw 304.07(b) through (d), with any such reapplication.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.24
Permit Conditions and Schedules of Compliance.
(a) All facility permits shall contain terms and
conditions necessary for the operator to comply with the hazardous waste rules.
(b)
Permit conditions shall be in accordance with 40 CFR 270.30, 270.31, and
270.32.
(c) The department shall establish conditions to ensure compliance
with all applicable requirements of RSA 147-A and the hazardous waste rules.
(d)
Schedules of compliance shall be in accordance with 40 CFR 270.33.
(e)
For purposes of this section, "schedule of compliance" means a
schedule of remedial measures included in a permit, including an enforceable
sequence of interim requirements, such as actions, operations, or milestone
events, leading to compliance with RSA 147-A and the hazardous waste rules.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.25 Permit Modification Requested
by Permittee. Any permittee who
seeks to modify a permit shall proceed as specified in 40 CFR 270.42(a) through
(e), (g), and (h) and Appendix I to Section 270.42.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.26 Permit Modification or Revocation and
Reissuance Initiated by the Department Including Modification or Revocation and
Reissuance Requested by Third Parties.
(a)
The department shall initiate a permit modification if cause as listed
in 40 CFR 270.41(a) or (b), 7‑1-05 edition, is shown.
(b) When a permit is modified pursuant
to this section, only the conditions subject
to modification shall be reopened when a draft permit is prepared. All other aspects of the existing permit
shall remain in effect for the duration of the permit.
(c)
The department shall initiate a permit revocation and reissuance
proceeding if the criteria for permit revocation and reissuance established in
40 CFR 270.41(b), 7-1-05 edition, are met.
(d) When a permit is revoked and reissued pursuant
to this section, the entire permit shall be
subject to revision just as if the permit had expired and the permit reissued
for a new term.
(e) The permittee shall comply with all
conditions of the existing permit during modification proceedings or permit
revocation and reissuance proceedings until a new final permit is issued.
(f) Suitability of the facility location shall
not be considered at the time of permit modification or revocation and
reissuance unless new information or standards indicate that a threat to human
health or the environment exists that was unknown at the time of permit
issuance.
(g) Any interested third party may request
modification or revocation and reissuance of a permit. All requests shall be in writing and contain
facts or reasons supporting the request.
(h)
The department shall follow the procedures set forth below when it
initiates a permit modification or revocation and reissuance pursuant to this
section:
(1) If necessary to assist the department’s
decision to modify a permit, the permittee shall submit additional information
and an updated application;
(2) In the
case of a permit to be revoked and reissued, the permittee shall submit a new
application and such additional information as is necessary to assist the
department's decision;
(3)
The department shall prepare a draft permit incorporating the proposed changes
in accordance with Env-Hw 304.20;
(4) The department
shall make the draft permit available to the permittee for review and allow for
public comment in accordance with Env-Hw 304.21;
(5) At the
end of the public comment period, the department shall give the permittee an
opportunity for an adjudicative hearing in accordance with the applicable
provisions of RSA 541-A and Env-C 200 before modifying or revoking and
reissuing the permit;
(6) If a permittee wishes to request an
adjudicative hearing, the permittee shall:
a. Submit a written request for a hearing to the
department no later than 30 days after the department issues its draft permit;
and
b. Include in the request a short and plain
statement of the permittee’s objections or concerns with regard to the
department’s proposed action, a summary of the permittee’s compliance history
and current compliance status, and any other relevant information;
(7) If both a public hearing is requested during
the public comment period and an adjudicative hearing is requested by the
permittee pursuant to this section, the department shall determine whether to
hold a single hearing or two separate hearings; and
(8) If a single hearing is held, it shall be
conducted as an adjudicative hearing in accordance with the applicable
provisions in Env-C 200, and public notice shall be given in accordance with
Env-Hw 304.21.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.27
Termination of Permits.
(a) If the department receives
information that indicates good cause, as defined in (b), below, exists to terminate a permit or refuse to renew a permit the
department shall proceed in accordance with (d) through (k), below.
(b) The following shall constitute good cause for
permit termination or permit nonrenewal:
(1) Noncompliance by the permittee with any condition of the
permit;
(2) The
permittee’s failure in the permit renewal application or during the permit
renewal process to disclose fully
all relevant facts, or the permittee’s misrepresentation by act or omission of
any relevant facts at any time;
(3) A determination that the permitted activity endangers human
health or the environment and can only be regulated to acceptable levels by
permit termination, suspension, or nonrenewal;
(4) Noncompliance by the permittee with any applicable standard,
requirement, or provision set forth in the hazardous waste rules or RSA 147-A;
or
(5)
Noncompliance by the permittee with
any administrative order, compliance schedule, judicial decree, or consent
agreement issued pursuant to the
hazardous waste rules or RSA 147-A.
(c) Any person may request the termination or
nonrenewal of a permit. All requests
shall be in writing and shall contain facts or reasons supporting the request.
(d)
If the department decides to terminate or refuse to renew a permit, the
department shall issue a notice of intent to terminate to the permittee.
(e)
The notice of intent to terminate shall:
(1) Contain the reasons supporting the
department's decision to terminate or refuse renewal;
(2) Be based upon the administrative record; and
(3) Include a fact sheet prepared in accordance
with Env-Hw 304.19.
(f)
The department shall give public notice of the notice of intent to
terminate in accordance with Env-Hw 304.21.
(g)
At the end of the public comment period specified in Env-Hw 304.21(b),
the permittee may request an adjudicative hearing in accordance with the
applicable provisions of RSA 541-A and Env-C 200.
(h)
If a permittee wishes to request an adjudicative hearing, the permittee
shall:
(1) Submit a written request for a hearing to the
department no later than 30 days after the department issues its notice of
intent to terminate; and
(2) Include in the request, a short and plain
statement of the permittee's objections or concerns with regard to the
department's proposed action, a summary of the permittee's compliance history
and current compliance status, and any other relevant information.
(i) The department shall order the immediate suspension of a permit
in whole or in part, if the department
finds that public health, safety or welfare requires emergency action.
(j) An order of suspension shall act as a
temporary termination or modification of the permit, as specified in the department’s order and shall be immediately effective.
(k) The order shall be
vacated if the department does not begin an adjudicative proceeding in
accordance with the applicable provisions of RSA 541-A and Env-C 200 within 10
business days of the issuance of the suspension order.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.28 Transfer of Permits. Transfer of permits shall be in accordance
with 40 CFR 270.40, 7-1-05 edition and RSA 147-A:4, IV-a.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw
304.29
Appeals.
(a) The permittee may appeal to the waste
management council in accordance with RSA 147-A:15 within 30 days of the
issuance of a final decision of the department to:
(1) Grant or deny
a permit application, in whole or in part;
(2) Grant or deny
the permittee’s request for permit modification;
(3) Modify or
revoke and reissue a permit;
(4) Terminate a
permit or refuse to renew a permit; or
(5) Suspend a
permit.
(b)
Any other person aggrieved by a final permitting decision of the
department may appeal in accordance with (a), above, if that person has
standing as determined pursuant to Env-WMC 200.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.30 Continuation of Expiring Permits.
(a)
If a permittee wishes to continue a permitted activity after the
expiration date of the permit, the permittee shall apply for and obtain a
permit renewal.
(b)
An expiring permit shall remain valid in accordance with 40 CFR
270.51(a)-(d) and RSA 541-A:30 if the permittee has submitted an application
for renewal in accordance with Env-Hw 304.31.
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17
Env-Hw 304.31 Permit Renewal.
(a)
The operator of a facility that has a valid permit who wishes to renew
the permit shall submit an application for renewal in accordance with Env-Hw
304.10 and Env-Hw 304.11:
(1) At least 180 days before the permit expires,
for a standard permit; or
(2) Before the permit expires, for a transfer
facility permit.
(b)
An applicant who wishes to request an extension of time of the
application submittal deadline shall submit a request for waiver in accordance
with Env-Hw 202.
(c)
Except for limited permit renewals, an application for permit renewal
shall be treated as a new application for purposes of review, except that
denial of the permit renewal shall be in accordance with Env-Hw 304.27. Limited permit renewals shall be in
accordance with Env-Hw 304.04(n).
Source. (See Revision Note at chapter heading for
Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #12922, eff
11-23-19
Appendix
A: State Statutes, Federal Regulations
Implemented
|
Rule Section(s) |
State Statute(s) |
Federal Regulation(s) |
|
Env-Hw
301 |
RSA
147-A:3; RSA 147-A:4 |
40
CFR 124; 40 CFR 264.1; 40 CFR 265.1; 40
CFR 270.60 |
|
Env-Hw 302 |
RSA
147-A:3, VIII, IX, IX-a, and XXV; RSA
147-A:4; RSA 541-A:30 |
40
CFR 124; 40 CFR 264.1; 40 CFR 265.1; 40
CFR 270.60 |
|
Env-Hw
303 |
RSA
147-A:3, VIII, IX, IX-a, XI, and XXV; RSA 147-A:4; RSA 147-A:4-b; RSA
147-A:5, I |
40
CFR 124; 40 CFR 264.1; 40 CFR 265.1; 40
CFR 270 |
|
Env-Hw
304.01-Env-Hw 304.03, Env-Hw 304.05-Env-Hw 304.31 |
RSA
147-A:3, III, IV, VII-XI, XIII, and XXV; RSA 147-A:4; RSA
147-A:4-b; RSA 147-A:5; RSA
147-A:15; RSA 147-C:2; RSA
541-A:30 |
40
CFR 124; 40 CFR 264.1; 40 CFR 265.1; 40
CFR 270 |
|
Env-Hw
304.04 |
RSA
147-A:3, III, IV, VII-XI, XIII, and XXV; RSA 147-A:4; RSA 147-A:4-b; RSA
147-A:5 |
40
CFR 124; 40 CFR 264.1; 40 CFR 265.1; 40
CFR 270 |
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 |