CHAPTER Env-Hw 500 REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS

Statutory Authority: RSA 147-A:3

REVISION NOTE #1:

Document #9367, effective 1-28-09, readopted with amendments and redesignated the former Chapter Env-Wm 500 as Env-Hw 500. The redesignation from subtitle Env-Wm to Env-Hw was done pursuant to a rules reorganization plan for Department rules approved by the Director of the Office of Legislative Services on 9-7-05. Document #9367 replaces all prior filings for hazardous waste rules formerly in Chapter Env-Wm 500. The numerals of the rules remained unchanged, except that the former Env-Wm 506.01 was readopted with amendments and renumbered as Env-Hw 506.01 through Env-Hw 506.03.

REVISION NOTE #2:

Document #14280, effective 8-1-25, adopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 500. These actions necessitated the renumbering of various existing rules in the chapter. The subject matter of provisions in various rules amended or repealed in Part Env-Hw 501 and Part Env-Hw 506 through Part Env-Hw 511 were often addressed in other sections. Rule Env-Hw 507.02 titled “Requirements for Containers and Tanks” was divided into rules Env-Hw 507.01 titled “Accumulation Requirements” and Env-Hw 507.02 titled “Additional Requirements for Containers”. Rule Env-Hw 514.05 titled “Self-Certification Form: Self-Certification of Compliance” was combined with rule Env-Hw 514.06 titled “Corrective Action Plan” into a single rule numbered Env-Hw 514.04 titled “Self-Certification of Compliance; Corrective Action Plan.” Document #14280 replaces all prior filings affecting Chapter Env-Hw 500.

The former rules in Chapter Env-Hw 500 that were repealed or deleted by Document #14280 include the following:

PART Env-Hw 506 ENVIRONMENTAL AND HEALTH REQUIREMENTS

Env-Hw 506.01 Hazard Minimization

Env-Hw 506.02 Soil or Groundwater Contamination; Disposal of Hazardous Waste and Contaminated Materials Due to Closure or Cessation of Operations

Env-Hw 506.03 Management of Wastes Upon Cessation of Operations

Env-Hw 507.01 Accumulation Requirements

Env-Hw 507.03 Accumulation Time

Env-Hw 509.05 Land Disposal Restrictions

Env-Hw 514.04 Self-Certification Form: SQG Identification and Description

The filings affecting the former rules in Part Env-Hw 506 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7207-B, eff 2-26-00

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17

The filings affecting the former Env-Hw 507.01 included the following documents:

#12347, eff 8-14-17

#13406, eff 7-23-22

The filings affecting the former Env-Hw 507.03 included the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#7578, eff 10-13-01

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17 (formerly Env-Hw 507.02)

#12922, eff 11-23-19

#13406, eff 7-23-22

The filings affecting the former Env-Hw 509.05 included the following document:

#12347, eff 8-14-17

The filings affecting the former Env-Hw 514.04 included the following documents:

#7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

#8415, eff 8-19-05

(See Revision Note #1 at chapter heading for Env-Hw 500)

#9367, eff 1-28-09

#12347, eff 8-14-17

PART Env-Hw 501 SCOPE AND APPLICABILITY; EXEMPTIONS; DEFINITIONS

Env-Hw 501.01 Scope and Applicability.

(a) Except as specified in Env-Hw 501.02, this chapter shall apply to any person who generates hazardous waste, including:

(1) The owner or operator of any permitted facility that initiates a shipment of hazardous waste or waste residues;

(2) Any person who imports hazardous waste into the United States; and

(3) Any person who generates or accumulates any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any hazardous waste, as identified in Env-Hw 404.

(b) A person who generates a hazardous waste shall be subject to all independent requirements listed in Env-Hw 508.01(a) and Env-Hw 509.01(a), as applicable.

(c) A generator that accumulates hazardous waste onsite shall be a person who stores hazardous waste and shall be subject to the applicable hazardous waste storage facility requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless it is:

(1) A very small quantity generator that meets the conditions for exemption in Env-Hw 508.01(b); or

(2) A small or large quantity generator that meets the conditions for exemption in Env-Hw 509.01(b).

(d) A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility or not otherwise authorized to receive the generator’s hazardous waste.

(e) Any person who exports or imports hazardous waste shall:

(1) Notify the department as required in Env-Hw 504; and

(2) Comply with Env-Hw 510.06.

(f) Enforcement of this chapter shall be as specified in 40 CFR 262.10(g), amended as follows:

(1) Add after each instance of “section 3008 of RCRA” the following words: “, RSA 147-A:13, RSA 147-A:14, RSA 147-A:16, RSA 147-A:16-a, RSA 147-A:16-b, RSA 147-A:17, RSA 147-A:17-a, and Env-Hw 900;

(2) Replace “40 CFR part 262” with “Env-Hw 500”; and

(3) Replace “40 CFR parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA” with “Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300”.

(g) A healthcare facility that is a small or large quantity generator based on the total amount of hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall manage:

(1) Its hazardous waste pharmaceuticals in accordance with Env-Hw 1300 in lieu of this chapter; and

(2) Its hazardous waste that is not pharmaceutical hazardous waste, if any, in accordance with this chapter.

(h) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall be subject to the sewer prohibition of 40 CFR 266.505, as amended by Env-Hw 1302.02(f), and the empty container provisions of 40 CFR 266.507, as amended by Env-Hw 1302.02(h), and shall manage its hazardous waste pharmaceuticals in compliance with either:

(1) The provisions of 40 CFR 266.501(d), as amended by Env-Hw 1302.02(b)(2); or

(2) The provisions of this chapter, as applicable and subject to (i), below.

(i) A healthcare facility that is a very small quantity generator and chooses to manage its hazardous waste pharmaceuticals under (h)(2), above, may comply with the optional provisions of 40 CFR 266.504, as amended by Env-Hw 1302.02(e).

(j) Except as otherwise specified in Env-Hw 1400, this chapter shall not apply to the management of used oil by a used oil handler subject to Env-Hw 1400.

(k) With respect to household hazardous waste collected or accumulated at a household hazardous waste collection project, as specified in Env-Hw 401.03(b)(2), or by curbside collection, the owner, operator, or person so designated in a contractual agreement shall be the generator. Unacceptable wastes shall either be returned to the household that generated them or held by the operator until the generating household can make alternative disposal arrangements.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 501.02 Exemptions.

(a) Farmers who dispose of hazardous waste pesticides from their own use shall be exempt from this chapter provided they triple rinse each emptied pesticide container in accordance with Env-Hw 401.03(d)(3) and dispose of the pesticide residues on their own farm in a manner consistent with the disposal instructions on the pesticide label.

(b) A generator of household hazardous waste, as specified in Env-Hw 501.01(k), shall comply with the independent requirements and conditions for exemption applicable to its generator category, except as follows:

(1) The packaging, manifest, and delivery requirements of Env-Hw 507.03(a), Env-Hw 510, and Env-Hw 511, respectively, shall not apply to government entities transporting household hazardous wastes to a household hazardous waste collection project, a permitted transfer facility, or a permitted treatment, storage or disposal facility, provided:

a. The government entity has obtained prior approval from the household hazardous waste collection project, transfer facility, or treatment, storage or disposal facility receiving the wastes;

b. The household hazardous wastes being managed have been separated by US DOT hazard class, as specified in 49 CFR 177.848 (b), (c), (d), and (e), prior to transport;

c. The household hazardous wastes being managed have been:

1. Loose-packed or over-packed in containers meeting US DOT specifications for hazardous materials, as defined in 49 CFR 178; or

2. Packaged in strong outer packaging, as defined in 49 CFR 171.8, if the waste is in its original container and less than 8 gallons;

d. The containers or strong outer packaging required by (b)(1)c., above, have been labeled with the following information:

1. US DOT hazard classes as specified in 49 CFR 173.2;

2. Date the waste was collected; and

3. Name of the original government entity that collected the waste;

e. Each container has been sealed and secured for transport in a manner that prevents leakage, spillage, and releases to the environment;

f. The wastes are transported only in a vehicle that is:

1. Owned and registered by a government entity; and

2. Operated by a government entity employee;

g. During transport, the government employee transporting the wastes retains a bill of lading describing the contents of the vehicle;

h. Each individual who transports 55 gallons or more of household hazardous wastes has had a minimum of 24 hours of initial training in function-specific hazardous waste handling, safety, hazard communication, and emergency procedures and 8 hours of annual refresher training; and

i. The receiving facility counts the waste toward its generator status in accordance with Env-Hw 503; and

(2) Env-Hw 507, Env-Hw 508, Env-Hw 509, Env-Hw 511, and Env-Hw 513 shall not apply to transporters while they are collecting only curbside household hazardous wastes.

(c) This chapter shall not apply to any person responding to an explosives or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as applicable.

(d) A generator that manages all hazardous waste in accordance with Env-Hw 503.01(b) through (d), and as a result generates no waste that counts toward generator classification, shall not be subject to the requirements in Env-Hw 500 except those specified in Env-Hw 501, Env-Hw 502, and Env-Hw 503.01.

(e) Except as otherwise specified in Env-Hw 1300, this chapter shall not apply to a reverse distributor that complies with Env-Hw 1300 for the management of hazardous waste pharmaceuticals.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 501.03 Definitions. For purposes of this chapter, the following definitions shall apply:

(a) “An indication of the hazards of the contents” means using one or more of the following to describe the contents of a container, tank, or containment building:

(1) The following word(s) as applicable to the hazardous waste characteristic(s) of the waste:

a. “Ignitable”;

b. “Corrosive”;

c. “Reactive”; and

d. “Toxic”;

(2) Hazard communication consistent with US DOT requirements for labeling or placarding at 49 CFR 172 Subpart E or F, respectively;

(3) A hazard statement or pictogram consistent with the United States Occupational Safety and Health Administration hazard communication standard at 29 CFR 1910.1200; or

(4) A chemical hazard label consistent with the National Fire Protection Association Code 704;

(b) “Central accumulation area” means any onsite hazardous waste accumulation area with hazardous waste accumulating in units subject to the requirements of Env-Hw 508.02, Env-Hw 508.03 or Env-Hw 509.02, or any combination thereof;

(c) “Condition for exemption” means any requirement in Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, Env-Hw 513, and Env-Hw 516, that states an event, action, or standard that needs to occur or be met in order to obtain an exemption from any applicable requirement in Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300;

(d) “Control,” for purposes of consolidation by small or large quantity generators of hazardous waste received from very small quantity generators, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors that operate generator facilities on behalf of a different person shall not be deemed to control such generators;

(e) “Episodic event” means an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the quantity of hazardous waste generated in excess of the quantity limits for the generator’s usual category;

(f) “Independent requirement” means a requirement of Env-Hw 500 that states an event, action, or standard that needs to occur or be met. Such an independent requirement applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from a standard permit, interim status, and operating requirements under Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, Env-Hw 513, and Env-Hw 516; and

(g) “Satellite accumulation area” means any onsite hazardous waste accumulation area with hazardous waste accumulating in containers subject to the requirements of Env-Hw 509.03.

Source. #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 502 HAZARDOUS WASTE DETERMINATION

Env-Hw 502.01 Hazardous Waste Determination.

(a) A person who generates a waste shall accurately determine if that waste is a hazardous waste as set forth in Env-Hw 401.01 using the following steps:

(1) The person shall make a hazardous waste determination for each waste:

a. At the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs; and

b. At any time in the course of its management that the waste has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the hazardous waste determination may change;

(2) The person shall determine whether the waste is exempt from regulation under Env-Hw 401.03;

(3) If the waste is not exempt, the person shall determine if the waste is listed as a hazardous waste in Env-Hw 402 by using knowledge of the waste, such as waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information; and

(4) If the waste is not exempt, the person shall also determine whether the waste is a characteristic hazardous waste identified in Env-Hw 403 or is a hazardous waste mixture or other material regulated under Env-Hw 401.01 or Env-Hw 404, by using one or both of the following procedures:

a. Testing a representative sample of the waste according to the hazardous waste determination methods set forth in Env-Hw 401.04 and Env-Hw 403; or

b. Applying knowledge of the hazardous nature or properties of the waste based on the materials or processes used to generate the waste, knowledge which may include:

1. Information about chemical feedstocks and other inputs to the production process;

2. Information about products, by-products, and intermediates produced by the manufacturing process;

3. Chemical or physical characterization of wastes;

4. Information on the chemical or physical properties of the chemicals used or produced by the process or otherwise contained in the waste;

5. Subject to (b), below, testing that illustrates the properties of the waste; and

6. Other reliable and relevant information about the properties of the waste or its constituents.

(b) A test, other than a test method set forth in Env-Hw 401.04 and Env-Hw 403, may be used by a person as part of their knowledge of the waste but shall not, by itself, be used to determine whether a waste exhibits a characteristic of hazardous waste.

(c) If a waste is determined to be a hazardous waste, the generator shall refer to Env-Hw 400, Env-Hw 700, Env-Hw 800, and Env-Hw 1100 through Env-Hw 1300 for other possible exemptions or restrictions pertaining to management of the specific waste.

(d) The generator shall maintain records supporting its waste determinations as described in (a), above, which shall include but not be limited to the following:

(1) The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section;

(2) Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;

(3) Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and

(4) Records that explain the knowledge basis for the generator’s determination, as described (a)(3) and (a)(4)b., above.

(e) If a waste is determined to be hazardous waste, the generator shall identify all applicable EPA and NH hazardous waste numbers in Env-Hw 400 that apply to the waste.

(f) The generator shall maintain documentation of waste determinations as specified in Env-Hw 512.01.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 503 GENERATOR CATEGORY DETERMINATION

Env-Hw 503.01 Generator Category Determination and Calculation.

(a) A generator shall determine its generator category in accordance with this part.

(b) In determining the quantity of hazardous waste generated, a generator may exclude:

(1) Hazardous waste that is exempt from the hazardous waste rules pursuant to Env-Hw 401.03;

(2) Subject to (c), below, hazardous waste that is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in Env-Hw 103 or Env-Hw 104, as applicable;

(3) Subject to (d), below, hazardous waste that is recycled onsite by a process regulated under Env-Hw 804.01(b)(4), without prior storage or accumulation;

(4) Used oil, as defined in Env-Hw 104, that is managed in accordance with Env-Hw 1400;

(5) Spent lead acid batteries managed in accordance with Env-Hw 809 or Env-Hw 1100;

(6) Hazardous waste when it is removed from onsite accumulation, so long as the hazardous waste was counted once;

(7) Hazardous waste produced by onsite treatment, including reclamation, of a hazardous waste, so long as the hazardous waste that is treated was counted once;

(8) Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once;

(9) Universal waste managed in accordance with Env-Hw 1100;

(10) The weight of a container or inner liner from a container of hazardous waste, including a container or inner liner that is not deemed empty as specified in Env-Hw 401.03(d), provided that:

a. The weight of the hazardous waste, including any residue remaining in a non-empty container or inner liner, is counted; and

b. The non-empty container and inner liner are managed as hazardous waste;

(11) A hazardous waste pharmaceutical that is:

a. Subject to or managed in accordance with Env-Hw 1300; or

b. Regulated as a United States Drug Enforcement Administration controlled substance and is conditionally exempt pursuant to 40 CFR 266.506, as amended by Env-Hw 1302.02(g); and

(12) Hazardous waste that is managed as part of an episodic event in compliance with the conditions of Env-Hw 516.

(c) For purposes of (b)(2), above, “managed immediately upon generation” means that treatment begins within 24 hours after the hazardous waste is generated and:

(1) Treatment is conducted in the tank, tank system, or container in which the hazardous waste was generated;

(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the treatment unit without intermediate accumulation of the hazardous waste; or

(3) The hazardous waste is transferred directly from the container in which it was generated into the treatment unit without intermediate accumulation of the hazardous waste.

(d) For purposes of (b)(3), above, “without prior storage or accumulation” means that the recycling process begins within 24 hours after the hazardous waste is generated and:

(1) The recycling process is conducted in the tank, tank system, or container in which the hazardous waste was generated;

(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the recycling unit without intermediate accumulation of the hazardous waste; or

(3) The hazardous waste is transferred directly from the container in which it was generated into the recycling unit without intermediate accumulation of the hazardous waste.

(e) Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027, listed in Env-Hw 402.06, shall be counted as acutely hazardous wastes when calculating generator classification.

(f) A generator shall comply with the requirements for the applicable generator category as determined in accordance with (a) through (e), above.

(g) If a generator mixes hazardous waste with non-hazardous waste:

(1) The following provisions shall determine if the resulting mixture is a hazardous waste:

a. Env-Hw 404.01, regarding mixing, neutralizing, diluting, or otherwise treating hazardous waste;

b. Env-Hw 401.01(b)(2), (b)(3), and (c)(2), Env-Hw 401.03(f)(2) and (f)(3), and Env-Hw 404.02, regarding the applicability of hazardous waste characteristics and listings to the mixture;

c. 40 CFR 268.3(a), as incorporated and amended by Env-Hw 1202, regarding the prohibition on dilution of hazardous waste;

d. 40 CFR 268.40, as incorporated and amended by Env-Hw 1202, regarding land disposal restrictions; and

e. Env-Hw 502.01, regarding hazardous waste determinations; and

(2) Any mixture determined to be a hazardous waste shall be a newly generated hazardous waste, the total quantity of which shall be counted along with other hazardous waste generated and accumulated onsite when determining the generator’s category pursuant to this part.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.03)

Env-Hw 503.02 Very Small Quantity Generators. A very small quantity generator shall be a generator that:

(a) Generates, in a calendar month, less than or equal to:

(1) One hundred kilograms or 220 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; and

(b) Accumulates at all times:

(1) Less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.01)

Env-Hw 503.03 Small Quantity Generators. A small quantity generator shall be a generator that:

(a) Generates, in a calendar month:

(1) Greater than 100 kilograms or 220 pounds and less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; and

(b) Accumulates at all times less than or equal to:

(1) Six thousand kilograms or 13,200 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 503.04 Large Quantity Generators. A large quantity generator shall be a generator that:

(a) Generates, in a calendar month:

(1) Equal to or greater than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Greater than one kilogram or 2.2 pounds of acutely hazardous waste; or

(3) Greater than 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste; or

(b) Accumulates, at any time:

(1) Greater than 6,000 kilograms or 13,200 pounds of non-acutely hazardous waste;

(2) Greater than one kilogram or 2.2 pounds of acutely hazardous waste; or

(3) Greater than 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acutely hazardous waste.

PART Env-Hw 504 NOTIFICATION; EPA IDENTIFICATION NUMBER

Env-Hw 504.01 EPA Identification Number Required.

(a) A generator shall not generate, treat, store, dispose, transport, or offer a hazardous waste for transportation without an EPA identification number.

(b) Except as specified in Env-Hw 504.02(d), an EPA identification number assigned to a generator shall be valid only at the specific site for which the number was assigned.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 504.02 Notification Requirements for an EPA Identification Number.

(a) Except as otherwise provided in Env-Hw 504.04, Env-Hw 505.01(a), Env-Hw 505.02, Env-Hw 505.04, or (d), below, a generator shall notify the department of its hazardous waste activities by completing and submitting:

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

(2) The following certification: “I certify, in accordance with Env-Hw 207, under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations.”

(b) Such notification and certification shall serve as an application for an EPA identification number.

(c) A generator shall submit a separate notification for each site where activities regulated by the hazardous waste rules are conducted.

(d) A transporter that becomes a generator as specified in Env-Hw 501.01(k), by collecting curbside household hazardous waste, shall obtain an EPA identification number that is non-site specific by submitting to the department at least 30 days prior to the collection, the following information:

(1) Generator name;

(2) Generator mailing address;

(3) The name, title, telephone number, and, if available, email address of a contact person;

(4) A description of the regulated activity;

(5) A description of the area(s) to be serviced;

(6) The start date and expected completion date of the collection; and

(7) The waste handling instructions provided by the generator to the household specifying how the household should handle its waste prior to acceptance by the generator.

(e) The following shall constitute a change in ownership of the generator and so requires the generator to file a new initial notification:

(1) For a partnership, a change in 50% or more of general partners;

(2) For a corporation, a transfer of all corporate assets or of a majority of voting shares to a new individual or entity;

(3) For other organizations, a transfer of the control of the organization to a new individual or entity; and

(4) For an individual, transfer of control to another individual or entity.

(f) Each initial notification of hazardous waste activity filed by a new generator shall be accompanied by the non-refundable fee of $150 established by RSA 147-A:6-a, I.

(g) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – RIMS

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – RIMS

29 Hazen Dr

Concord, NH 03301

(h) Pursuant to RSA 147-A:6-a, II, political subdivisions of the state shall be exempt from paying the fee in (f), above.

(i) A recognized trader shall provide the notification required by Env-Hw 504.01(c) in accordance with (a), above.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 504.03 Notification Determination for an EPA Identification Number.

(a) If the generator has not provided all of the information required by Env-Hw 504.02(a) or (d), as applicable, and the fee required by Env-Hw 504.02(f), the department shall notify the generator in writing of each deficiency.

(b) If the generator does not respond to the department’s written notice of deficiencies and correct the deficiencies identified therein within 30 days of such notice, then no EPA identification number shall be assigned and the generator shall submit a new notification prior to engaging in any activities regulated by the hazardous waste rules.

(c) If a notification is complete in that it includes all information required by Env-Hw 504.02(a) or (d), as applicable, and the fee required by Env-Hw 504.02(f), the department shall assign an EPA identification number.

(d) An EPA identification number shall remain valid until the department receives a request from the generator to:

(1) Inactivate the number, as specified in Env-Hw 505.02; or

(2) Declassify the number, as specified in Env-Hw 505.04.

Env-Hw 504.04 Notification Requirements for a Temporary EPA Identification Number.

(a) A generator of hazardous waste that is required to manifest hazardous waste due to a one-time, non-recurrent, temporary activity that is not related to normal production processes shall obtain a temporary EPA identification number.

(b) An activity eligible for a temporary EPA identification number shall include, but not be limited to, removal of:

(1) Off-specification materials from a site that normally does not otherwise generate hazardous waste;

(2) Underground storage tanks; and

(3) Contaminated soil due to a spill at a site that normally does not otherwise generate hazardous waste.

(c) A generator shall request a temporary EPA identification number by providing to the department, orally or in writing, the following information:

(1) Site’s legal name and mailing address;

(2) Street address where the waste is being generated;

(3) Contact person, title, telephone number, and if available, email address; and

(4) Waste description, all applicable EPA and NH hazardous waste numbers, and estimated amount to be transported.

(d) The department shall assign a temporary EPA identification number if the activity meets the provisions specified in (a) and (b), above, and the generator provides all of the information specified in (c), above.

(e) A temporary EPA identification number shall be valid for no longer than 30 days unless the generator has requested and the department has granted an extension of the 30-day period, as follows:

(1) A generator that wishes to obtain an extension of the time allowed for onsite accumulation of hazardous waste shall submit a written request for an extension that explains the circumstances warranting such an extension;

(2) The department shall grant the requested extension if the generator demonstrates that the waste cannot be removed within 30 days due to temporary, unforeseen, or uncontrollable circumstances.

(f) While hazardous waste activities are occurring at a site that is eligible for a temporary EPA identification number, the generator shall comply with the independent requirements and conditions for exemption applicable to its generator category, except for Env-Hw 509.04 and Env-Hw 514, as applicable.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 505.03); ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 505 SUBSEQUENT NOTIFICATION; RE-NOTIFICATION; INACTIVATION; REACTIVATION; NOTIFICATION OF CLOSURE; DECLASSIFICATION

REVISION NOTE:

Document #12347, effective 8-14-17, adopted, readopted, or readopted with amendments all of the rules in Chapter Env-Hw 500. Document #12347 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 500.

Document #12347 made extensive changes to the existing rules in the former Part Env-Hw 505, including the readoption with amendments and renumbering of the former Env-Hw 505.03 titled “Emergency and Temporary Identification Numbers” as Env-Hw 504.04 titled “Notification Requirements for a Temporary EPA Identification Number.”

The filings for the former rules in Env-Hw 505 prior to Document #12347 include the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#7578, eff 10-13-01

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See Revision Note #1 at the chapter heading for Env-Hw 500 explaining the history of the former rules under the subtitle Env-Wm prior to Document #9367, effective 1-28-09. The existing rules in Env-Hw 500 that were last affected by Document #9367 did not expire on 1-28-17 but were extended pursuant to
RSA 541-A:14-a until replaced by the rules in Document #12347, effective 8-14-17.

Env-Hw 505.01 Subsequent Notification; Re-Notification

(a) A generator shall notify the department orally or in writing of any changes to one or more of the following pieces of information provided pursuant to Env-Hw 504.02(a), within 30 days of the effective date of any change:

(1) Site’s legal name;

(2) Mailing address;

(3) Name, title, telephone number, and, if available, email address of a contact person;

(4) Type and description of regulated activity;

(5) Generator category, determined in accordance with Env-Hw 503; and

(6) For each waste stream, a narrative description, estimated quantity of hazardous waste generated per month, and all applicable EPA and NH hazardous waste numbers.

(b) A generator shall notify the department, on Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, of any changes to the information required in Env-Hw 504.02(a) other than those specified in (a), above, within 30 days of the effective date of any change.

(c) A small quantity generator shall re-notify the department, starting in 2025 and every 4 years thereafter, by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, by September 1 of each year in which re-notifications are required.

(d) Submittal of Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, by a small quantity generator to notify the department of changes to notification information pursuant to (a) or (b), above, shall satisfy the re-notification requirement in (c), above.

(e) A large quantity generator shall re-notify the department by March 1 of each even-numbered year by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025.

(f) A large quantity generator may submit the re-notification required in (e), above, as part of its biennial report required under Env-Hw 512.04.

Source. #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 505.02 Inactivation of EPA Identification Numbers.

(a) A very small or small quantity generator that ceases activities regulated by the hazardous waste rules but continues business operations at a particular site may inactivate the site's EPA identification number if:

(1) All hazardous waste has been removed from the site; and

(2) The generator has met the requirements of Env-Hw 513.04(a).

(b) To inactivate an EPA identification number, a very small or small quantity generator shall request inactivation by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/ Declassification Form” as amended February 2026.

(d) A generator shall not generate, treat, store, dispose, transport, or offer a hazardous waste for transportation while the generator's EPA identification number is inactive.

(e) An EPA identification number shall remain inactive until the department receives a request from the generator to:

(1) Reactivate the number, as specified in Env-Hw 505.03; or

(2) Declassify the number, as specified in Env-Hw 505.04.

Source. #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 505.03 Reactivation of EPA Identification Numbers.

(a) If a generator with an inactive EPA identification number intends to resume activities regulated by the hazardous waste rules, the generator shall reactivate the number prior to engaging in any regulated activities by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504.02.

(b) Reactivation of an EPA identification number shall be subject to the non-refundable fee of $150 required in Env-Hw 504.02(f) only if ownership of the generator changed during the period of inactivation.

(d) Upon receipt of a notification to reactivate an inactive EPA identification number, the department shall process the notification in accordance with Env-Hw 504.03.

Source. #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 505.04 Notification of Closure; Declassification.

(a) A very small or small quantity generator that ceases business operations at a particular site shall:

(1) Meet the requirements of Env-Hw 513.04(a), which includes removing all hazardous waste from the site; and

(2) Notify the department within 30 days after meeting the requirements in (a)(1), above, by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/Declassification Form” as amended February 2026, which shall serve as a request for declassification of the generator’s EPA identification number.

(b) A very small or small quantity generator that ceases activities regulated by the hazardous waste rules but continues business operations at a particular site may request declassification of the site’s EPA identification number if:

(1) All hazardous waste has been removed from the site; and

(2) The very small or small quantity generator has met the requirements of Env-Hw 513.04(a).

(c) For purposes of (b), above, a very small or small quantity generator shall request declassification by completing and submitting Form HWM-3 “VSQG and SQG Inactivation/Declassification Form” as amended February 2026.

(d) The department shall declassify an EPA identification number if the applicable requirements in (a) through (c), above, are met.

(e) If a generator with a declassified EPA identification number intends to resume activities regulated by the hazardous waste rules, the generator shall notify the department prior to engaging in any regulated activities by completing and submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504.02, including the non-refundable fee of $150 required in Env-Hw 504.02(f).

(f) A large quantity generator that ceases business operations or ceases activities regulated by the hazardous waste rules shall be subject to the conditions for exemption for closure, including notification requirements, in Env-Hw 513.05.

Source. #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

PART Env-Hw 506 RESERVED

PART Env-Hw 507 ACCUMULATION REQUIREMENTS

Env-Hw 507.01 Accumulation Requirements.

(a) While accumulating hazardous wastes, a generator shall not use storage practices that pose a hazard to human health or the environment.

(b) Containers and tanks used to accumulate hazardous waste shall be:

(1) In good condition;

(2) Chemically compatible with the waste stored therein such that no leakage or deterioration of the container or tank occurs; and

(3) Closed at all times except to add, remove, or consolidate waste.

(1) Open, handle, and store each container in a manner that does not cause it to rupture or leak; and

(2) Immediately transfer hazardous waste from a leaking container to a container or tank that is in good condition.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09;; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.01); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.02(a)-(b)(1))

Env-Hw 507.02 Additional Requirements for Containers.

(a) A generator shall position each container of hazardous waste so that its hazardous waste label or marking is not hidden by walls or other containers and can be easily read without having to move any containers.

(b) Hazardous waste containers shall be stored on impervious surfaces. Impervious surfaces shall include concrete and asphalt unless cracks or holes are present, and shall not include earthen, wooden, or gravel surfaces.

(c) Except as provided in (d), below, hazardous waste containers shall not be stored in an area with functional floor drains or manholes, or in or near a sink with a functional drain present, unless secondary containment is provided around all hazardous waste containers in the area capable of containing the volume of the largest capacity hazardous waste container present.

(d) The containment system required by (c), above, or by (e)(2), below, shall not be required for areas that store containers holding only wastes that do not contain free liquids provided that:

(1) The area is sloped or is otherwise designed to drain and remove liquid resulting from precipitation; or

(2) The containers are elevated or otherwise protected from contact with accumulated liquid.

(e) Hazardous waste containers stored outdoors shall:

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

(2) Except as provided in (d), above, have secondary containment that:

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

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

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

a. For surface waters, 50 feet;

b. For private wells, 75 feet;

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

d. For storm drains, 50 feet.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.01); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.02(b)(2)-(g))

Env-Hw 507.03 Pre-transport Requirements.

(a) Before transporting or offering hazardous waste for transportation offsite, a generator shall:

(1) Package the waste in US DOT containers as specified in 49 CFR 173, 178, and 179;

(2) Mark and label each container in accordance with the applicable US DOT hazardous materials regulations in 49 CFR Part 172; and

(3) Mark each container of 119 gallons or less in accordance with 49 CFR 172.304, including the following:

a. The generator’s name and physical address;

b. The generator’s EPA identification number;

c. The manifest tracking number;

d. All applicable EPA and NH hazardous waste numbers, subject to (d) and (e), below; and

e. The following statement: “HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency”.

(b) Before transporting or offering hazardous waste for transportation offsite, a generator shall determine that the transport vehicle is placarded in accordance with US DOT regulations for hazardous materials under 49 CFR 172, subpart F and rules adopted by the New Hampshire department of safety.

(c) Prior to disposal in a hazardous waste landfill, liquid wastes shall meet the requirements specified in 40 CFR 262.35.

(d) For purposes of (a)(3)d., above, and (e), below, a generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA and NH hazardous waste numbers, except that small and large quantity generators shall label containers with EPA and NH hazardous waste numbers during accumulation pursuant to Env-Hw 509.02(a)(1)e.3.

(e) Lab packs that will be incinerated in compliance with 40 CFR 268.42(c), incorporated by reference at Env-Hw 1202.01, shall not be required to be marked with EPA and NH hazardous waste numbers, except D004, D005, D006, D007, D008, D010, and D011, as applicable.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17 (formerly Env-Hw 507.03); ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 507.04)

PART Env-Hw 508 VERY SMALL QUANTITY GENERATORS

Env-Hw 508.01 Very Small Quantity Generators.

(a) A very small quantity generator shall comply with the following independent requirements:

(1) Env-Hw 502 through Env-Hw 505;

(2) Env-Hw 507.02;

(3) Env-Hw 510 through Env-Hw 512; and

(4) Env-Hw 514.

(b) A very small quantity generator shall be subject to the applicable requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, unless it meets the conditions for exemption in Env-Hw 508.02 and Env-Hw 508.03, as applicable.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

New. #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 508.02 Very Small Quantity Generator Accumulation Requirements. A very small quantity generator may accumulate up to the quantity of hazardous waste specified in (a), below, onsite in containers or tanks for greater than 90 days without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, provided that all of the following conditions for exemption are met:

(a) The quantity of hazardous waste accumulated onsite is at all times less than or equal to:

(1) Two hundred kilograms or 440 pounds of non-acutely hazardous waste;

(2) One kilogram or 2.2 pounds of acutely hazardous waste; and

(3) One hundred kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste;

(b) The very small quantity generator complies with the:

(1) Hazardous waste determination requirements in Env-Hw 502.01;

(2) Accumulation requirements in Env-Hw 507.01;

(3) Pre-transport requirements in Env-Hw 507.03; and

(4) Emergency action, remedial action, and closure requirements in Env-Hw 513, as applicable;

(c) The very small quantity generator maintains the following equipment not more than 100 feet from the hazardous waste and accessible along a path unobstructed by any obstacles other than doors, which shall be unlocked at all times:

(1) Spill control equipment, such as absorbent powder, granules, pads, or rags; and

(2) Fire control equipment, such as fire extinguishers;

(d) The very small quantity generator posts a warning sign near ignitable or reactive wastes, such as “No Smoking” or “Keep Fire Away”;

(e) The very small quantity generator clearly labels or marks each container and tank used for the accumulation of hazardous wastes with the following information at the time the container or tank is first used to accumulate wastes:

(1) The words “hazardous waste”; and

(2) Words that identify the contents;

(f) While accumulating hazardous waste in a container, the very small quantity generator provides a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container;

(g) The very small quantity generator ensures delivery of its hazardous waste to a facility that has obtained an EPA identification number by either:

(1) Offering it to a transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration; or

(2) Self-transporting the waste as described in (h), below;

(h) A very small quantity generator may self-transport 55 gallons or less of hazardous waste generated at its site if the very small quantity generator:

(1) Transports the waste in containers that meet the US DOT specifications for hazardous materials and are:

a. Sealed;

b. Compatible with the waste; and

c. Labeled or marked:

1. In accordance with Env-Hw 508.02 or Env-Hw 508.03, as applicable; and

2. With an indication of the hazards of the contents, if transported to a facility identified in (h)(4)a., below;

(2) Complies with the manifest requirements of Env-Hw 510 and Env-Hw 604, unless use of a manifest is not required as specified in Env-Hw 510.01(g)(1);

(3) Has a mechanism for financial responsibility in not less than the following amounts:

a. For bodily injury or death of each person in any one accident, $50,000; and

b. For loss or damage in any one accident to the property of others, $50,000; and

(4) Self-transports the waste to:

a. A receiving facility that is under the control of the same person as the very small quantity generator and:

1. If located in New Hampshire:

(i) Has notified the department of this activity in accordance with Env-Hw 504;

(ii) Counts the waste received toward its generator status in accordance with Env-Hw 503; and

(iii) Is a small or large quantity generator; and

2. If not in New Hampshire, is located in a state that has adopted rules for consolidation of very small quantity generator wastes;

b. A one-day household hazardous waste collection event if:

1. A hazardous waste manifest, identifying the very small quantity generator as both the generator and the first transporter, accompanies the waste at all times;

2. The waste is given directly to a New Hampshire registered hazardous waste transporter during the collection event; and

3. Permission is obtained in advance from the entity sponsoring the collection event; or

c. A facility authorized under the destination state’s rules to handle the waste;

(i) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, may self-transport the following:

(1) A potentially creditable hazardous waste pharmaceutical to a reverse distributor; or

(2) A non-creditable hazardous waste pharmaceutical or a potentially creditable hazardous waste pharmaceutical to:

a. A healthcare facility that meets the applicable conditions of 40 CFR 266.502(l), as amended by Env-Hw 1302.02(c)(7) through (c)(9), and 40 CFR 266.503(b), as amended by Env-Hw 1302.02(d), to accept such wastes from an offsite healthcare facility; or

b. A site that meets the conditions of (h)(4)a., above, provided the conditions of (h)(1)c., above, are satisfied;

(j) If a very small quantity generator sends a shipment of hazardous waste to a designated facility and later receives the shipment back as a rejected load, or receives non-empty containers containing residue of the shipment, the very small quantity generator:

(1) Signs:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Manages the waste or residues in accordance with this section or Env-Hw 508.03, as applicable; and

(k) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with Env-Hw 516 in lieu of complying with Env-Hw 509.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 508.03 Very Small Quantity Generator Extended Quantity and Accumulation Requirements. A very small quantity generator may accumulate more than 200 kilograms or 440 pounds of non-acutely hazardous waste onsite in containers or tanks for greater than 90 days without a standard permit provided that:

(a) The quantity of hazardous waste accumulated onsite is at all times:

(1) Less than 1,000 kilograms or 2,200 pounds of non-acutely hazardous waste;

(2) Less than or equal to one kilogram or 2.2 pounds of acutely hazardous waste; and

(3) Less than or equal to 100 kilograms or 220 pounds of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste;

(b) The very small quantity generator meets the requirements of Env-Hw 508.02(b) through (j);

(1) Inspects containers at least weekly to look for leaks and deterioration;

(2) Complies with the requirements for accumulation of ignitable and reactive wastes in 40 CFR 262.17(a)(1)(vi)(B), amended as follows:

a. Replace each instance of “large” with “very small”; and

b. Add after “No Smoking” the following “, “Keep Fire Away”, or similar”; and

(3) Complies with the requirements for accumulation of incompatible wastes in 40 CFR 262.17(a)(1)(vii);

(d) Hazardous waste tanks are inspected and managed in accordance with 40 CFR Part 265 Subpart J – Tanks, but not including 40 CFR 265.197(c), 40 CFR 265.200, and 40 CFR 265.202;

(e) For any inspection required by (c) or (d), above, the generator remedies any leaks or deterioration discovered during an inspection on a schedule that ensures the problem does not lead to an environmental or human health hazard;

(f) The hazardous waste is under the control of a designated hazardous waste manager or emergency coordinator or designee;

(g) At all times there is at least one employee designated as the emergency coordinator who is either on the premises or on call, with the responsibility for coordinating all emergency response measures;

(h) The generator posts the following information next to the telephone nearest each central accumulation area:

(1) The name and emergency telephone number(s) of the emergency coordinator and, if applicable, the emergency coordinator’s designee;

(2) The telephone numbers of the fire department, police department, hospital, and state of New Hampshire and local emergency response teams that may be called upon to provide emergency services; and

(3) The location of fire extinguishers and spill control equipment, and, if present, fire alarm;

(i) The generator ensures that all employees are thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies;

(j) The generator maintains the following equipment, not more than 100 feet from each central accumulation area, and accessible along a path unobstructed by any obstacles other than doors that are unlocked at all times:

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

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

(k) The generator makes good faith efforts to make arrangements with local fire officials to familiarize them with the layout of the facility, properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes; and

(l) If the very small quantity generator does not ship its hazardous waste offsite prior to reaching the onsite accumulation limit specified in (a), above, the very small quantity generator:

(1) Notifies the department that it is a small quantity generator or large quantity generator, as applicable, and complies with the requirements of Env-Hw 509 for the applicable generator category;

(2) Clearly labels or marks all containers and tanks used for the accumulation of hazardous waste with the date the onsite accumulation limit is reached, in lieu of the requirements of Env-Hw 509.02(a)(1)e.5. or Env-Hw 509.02(a)(2)c., as applicable; and

(3) Ships all hazardous wastes offsite within 90 days in accordance with Env-Hw 510 and Env-Hw 511.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10739, eff 12-2-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 509 SMALL AND LARGE QUANTITY GENERATORS

Env-Hw 509.01 Small and Large Quantity Generator Requirements.

(a) A small or large quantity generator shall comply with the following independent requirements:

(1) Env-Hw 502 through Env-Hw 505;

(2) Env-Hw 507.02;

(3) Env-Hw 507.03;

(4) Env-Hw 509.04;

(5) Env-Hw 510 through Env-Hw 512; and

(6) Env-Hw 515.

(b) A small or large quantity generator shall be subject to the applicable requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, unless it meets the conditions for exemption in Env-Hw 509.02, Env-Hw 509.03, and Env-Hw 513, as applicable.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 509.02 Small and Large Quantity Generator Accumulation Requirements. A small or large quantity generator may accumulate hazardous waste on site without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided all of the following conditions for exemption are met:

(a) Unless in compliance with the accumulation time limit extension or F006 accumulation conditions for exemption in (b) through (d), below, a small or large quantity generator shall accumulate hazardous waste onsite for no more than 90 days, as well as the following accumulation conditions:

(1) If hazardous waste is placed in containers, the small or large quantity generator:

a. Complies with the accumulation requirements of Env-Hw 507.01;

b. Inspects central accumulation areas at least weekly to look for leaking containers and for deterioration of containers;

c. Complies with the requirements for accumulation of ignitable and reactive wastes in 40 CFR 262.17(a)(1)(vi), amended as follows:

1. Add before each instance of “large quantity generator” the following words: “small or”; and

2. Add after ““No Smoking”” the following “, “Keep Fire Away”, or similar”;

d. Complies with the requirements for accumulation of incompatible wastes in 40 CFR 262.17(a)(1)(vii); and

e. Labels or marks each container with the following information, clearly visible for inspection, at the time it is first used to accumulate wastes:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. Except as specified in Env-Hw 507.03(e), all applicable EPA and NH hazardous waste numbers;

4. An indication of the hazards of the contents; and

5. The date upon which each period of accumulation begins;

(2) If hazardous waste is placed in tanks, the small or large quantity generator:

a. Complies with the applicable requirements of 40 CFR 265, Subpart J:

1. Except 40 CFR 265.197(c), 40 CFR 265.200, and 40 CFR 265.202; and

2. Including the requirements for maintaining protective distances as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

b. Marks or labels each tank with:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. All applicable EPA and NH hazardous waste numbers; and

4. An indication of the hazards of the contents; and

c. Uses and maintains, onsite and readily available for inspection, inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 90 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 90 days of first entering;

(3) If hazardous wood preserving wastes are placed on drip pads, the small or large quantity generator:

a. Complies with 40 CFR 265 Subpart W;

b. Removes all wastes from the drip pad at least once every 90 days, then places the hazardous waste in either:

1. A central accumulation area subject to the 90-day accumulation limit in (a), above; or

2. A satellite accumulation area subject to Env-Hw 509.03; and

c. Maintains the following records at the facility:

1. A written description of procedures the generator will follow to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

2. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal;

(4) If hazardous waste is placed in containment buildings, the small or large quantity generator:

a. Complies with 40 CFR 265 Subpart DD;

b. Labels its containment building, in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site, with:

1. The words “hazardous waste”;

2. Words that identify the contents;

3. All applicable EPA and NH hazardous waste numbers; and

4. An indication of the hazards of the contents;

c. Prior to operation of the containment building, obtains and maintains in the generator’s operating record a professional certification from a licensed NH professional engineer that the building is constructed in accordance with the design standards specified in 40 CFR 265.1101 and is fit to operate as intended; and

d. Maintains, onsite and readily available for inspection, the following records by use of inventory logs, monitoring equipment, or any other effective means:

1. All of the following:

(i) A written description of procedures the generator will follow to ensure that each waste volume remains in the unit for no more than 90 days;

(ii) A written description of the facility’s waste generation and management practices showing that they are consistent with meeting the 90-day accumulation limit; and

(iii) Documentation that the procedures are complied with; or

2. Documentation that the containment building is emptied at least once every 90 days;

(5) Complies with the standards for preparedness, prevention, and emergency procedures in 40 CFR 262 Subpart M, amended as follows:

a. Add before each instance of “large quantity generator” the following words: “small or”;

b. Amend 40 CFR 262.251 by adding the following:

“(a) A small or large quantity generator shall provide the following security measures at all outdoor central accumulation areas:

(1) An artificial or natural barrier, such as a fence in good repair, that completely surrounds the central accumulation area to prevent the unauthorized or unknowing entry of individuals or livestock;

(2) A means to control entry, at all times, through gates or other entrances to the central accumulation area such as an attendant, television monitor, locked entrance, or controlled roadway access to the area; and

(3) A sign stating “Danger – Unauthorized Personnel Keep Out” at each entrance to the central accumulation area. Existing signs with other than the aforementioned words may be used if the sign clearly indicates that only authorized personnel are allowed to enter the area and that entry can be dangerous.

(b) A small or large quantity generator shall post a list of the steps to take if an emergency occurs and the following information at the nearest telephone to each central accumulation area:

(1) The names and emergency telephone numbers of the emergency coordinators;

(2) The telephone numbers of the:

(i) Fire department;

(ii) Police department;

(iii) Hospital(s);

(iv) State emergency response team at the telephone numbers listed in Appendix E;

(v) The generator’s emergency response contractor(s), if applicable; and

(vi) The generator’s in-house emergency response team, if applicable; and

(3) The location of fire extinguishers and spill control equipment, and, if present, fire and internal emergency alarms.”;

c. Amend 40 CFR 262.252 introductory language by adding after “emergencies” the following: “near areas where hazardous waste is generated and near satellite accumulation areas. A small or large quantity generator shall locate equipment necessary to prepare for and respond to emergencies not more than 100 feet from each central accumulation area and accessible along a path unobstructed by any obstacles other than doors, which shall be unlocked at all times”;

d. Amend 40 CFR 262.255 to read as follows: “A small or large quantity generator shall provide a minimum of 2 feet of aisle space to allow for inspection of at least one side of each container and to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency.”;

e. Amend 40 CFR 262.262 as follows:

1. Amend 40 CFR 262.262(a) by adding after “revisions” the following: “to the department and”; and

2. Amend 40 CFR 262.262(b) by replacing “May 30, 2017” with “the 2025 effective date of this rule”; and

f. Amend 40 CFR 262.265 as follows:

1. Amend 40 CFR 262.265(a) introductory language to read as follows:

“(a) Whenever there is an imminent or actual emergency situation, including the discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater, or surface waters, the emergency coordinator, or their designee when the emergency coordinator is on call, shall immediately, not to exceed one hour from the discovery of the release:”;

2. Amend 40 CFR 262.265(a)(2) to read as follows:

“(2) Notify local emergency officials and:

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

(ii) The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.”; and

3. Amend 40 CFR 262.265(g) by:

(i) Replacing “§ 261.3(c) or (d) of this chapter” with “Env-Hw 401.01(c) and Env-Hw 404.03”; and

(ii) Replacing “parts 262, 263, and 265 of this chapter” with “Env-Hw 500 through Env-Hw 700”;

(6) Complies with the personnel training requirements in 40 CFR 262.17(a)(7), amended as follows:

a. Add before each instance of “large quantity generator” the following words: “small or”;

b. As used in 40 CFR 262.17(a)(7)(i)(B), “a person trained in hazardous waste management procedures” means:

1. An outside hazardous waste management trainer;

2. An in-house employee who has completed a hazardous waste management course or who provides documentation to demonstrate their own capabilities as in-house trainer; or

3. A trainer who teaches a basic course or module offered by the department pursuant to Env-Hw 515; and

c. As used in 40 CFR 262.17(a)(7)(iii), “an annual review of the initial training” means review training that is received each year no more than 90 days prior to and no more than 90 days after the anniversary date of the initial training, such that training is received every 12 months on average. In the event that any such review training is received more than 90 days prior to the anniversary date of the initial training, the anniversary date for purposes of future compliance with the annual review requirement shall be the date on which such review training is received;

(7) Complies with the land disposal restrictions in Env-Hw 1200, as applicable; and

(8) Records each inspection required by (a)(1) through (a)(4), as applicable, in an inspection log or summary, which shall include:

a. The date and time of the inspection;

b. The name of the inspector;

c. A notation of the observations made, including any leaks, malfunctions, or deterioration observed; and

d. The date and nature of any repairs or other remedial actions taken;

(b) A small or large quantity generator that accumulates hazardous waste for more than 90 days shall be subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless the generator has requested and the department has granted a waiver pursuant to Env-Hw 202 or an extension of the 90-day period, as follows:

(2) The department shall grant the requested extension if the generator demonstrates that hazardous wastes will remain onsite due to unforeseen, temporary, and uncontrollable circumstances; and

(3) An extension granted by the department shall be limited to 30 days;

(c) A small or large quantity generator of wastewater treatment sludges from electroplating operations that meet the EPA hazardous waste number F006 pursuant to Env-Hw 402.06(a) may accumulate F006 waste for more than 90 days, but not more than 180 days, without being subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided the generator complies with the additional conditions for exemption in 40 CFR 262.17(c), amended as follows:

(1) Add before each instance of “large quantity generator” the following words: “small or”;

(2) Amend 40 CFR 262.17(c)(4)(i)(A) by replacing “paragraph (a)(1) of this section” with “Env-Hw 509.02(a)(1)”;

(3) Amend 40 CFR 262.17(c)(4)(i)(B) by replacing “paragraph (a)(2) of this section” with “Env-Hw 509.02(a)(2)”;

(4) Amend 40 CFR 262.17(c)(4)(i)(C) by adding after “40 CFR part 265” the following words: “and Env-Hw 509.02(a)(4)b.”;

(5) Amend 40 CFR 262.17(c)(4)(ii) by replacing “paragraph (a)(8) of this section” with “Env-Hw 513.05”;

(6) Amend 40 CFR 262.17(c)(4)(iv)(A) to read as follows:

“(A) The words “Hazardous Waste”, words that identify the contents, and all applicable EPA and NH hazardous waste numbers; and”; and

(7) Amend 40 CFR 262.17(c)(4)(v) by replacing “paragraphs(a)(6) and (7) of this section” with “Env-Hw 509.02(a)(5) and (a)(6)”;

(d) A small or large quantity generator that accumulates more than 20,000 kilograms of F006 waste onsite, or that accumulates F006 hazardous waste for more than 180 days, shall be an operator of a storage facility subject to the requirements Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, unless the generator has requested and the department has granted a waiver pursuant to Env-Hw 202 or an extension of the 180-day period, as follows:

(2) The department shall grant the requested extension if hazardous wastes will remain onsite due to unforeseen, temporary, and uncontrollable circumstances; and

(3) An extension granted by the department shall be limited to 30 days;

(e) A small or large quantity generator may accumulate onsite hazardous waste received from a very small quantity generator pursuant to Env-Hw 508.02(h)(4)a. without a standard permit or interim status, and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, Env-Hw 1200, and Env-Hw 1300, provided that the small or large quantity generator:

(1) Notifies the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, at least 30 days prior to receiving the first shipment of its intent by providing the requested information for each very small quantity generator;

(2) Submits an updated Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 30 days after a change in the name or street address of the very small quantity generator;

(3) Counts the waste received toward its generator category in accordance with Env-Hw 503;

(4) Maintains the following records for each shipment received:

a. The name, site address, and contact information for the very small quantity generator;

b. A description of the waste received, including the quantity; and

c. The date of receipt;

(5) Complies with the biennial reporting requirements of Env-Hw 512.04; and

(6) Complies with the independent requirements and conditions for exemption specified in Env-Hw 509.01 for all hazardous waste received from a very small quantity generator, except that for purposes of the labeling and marking requirements in (a)(1)e.5., above, the small or large quantity generator shall label or mark the container with:

a. The date the hazardous waste was received from the very small quantity generator; or

b. The earliest date any hazardous waste in the container was accumulated on site, if the small or large quantity generator is consolidating incoming hazardous waste from a very small quantity generator either with its own hazardous waste or with hazardous waste from other very small quantity generators;

(f) If a small or large quantity generator sends a shipment of hazardous waste to a designated facility and later receives the shipment back as a rejected load, or receives non-empty containers containing residue of the shipment, the small or large quantity generator shall:

(1) Sign:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Manage the waste or residues in accordance with (a) and (b), above; and

(g) A small quantity generator experiencing an episodic event may accumulate hazardous waste in accordance with Env-Hw 516 without being subject to the biennial reporting requirements of Env-Hw 512.04 and the large quantity generator closure requirements of Env-Hw 513.05.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10494, eff 1-1-14; amd by #10739, eff 12-2-14; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7‑23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 509.03 Small and Large Quantity Generator Satellite Accumulation Provision. In lieu of complying with the conditions for exemption in Env-Hw 509.02, and except as otherwise required below, a small or large quantity generator may accumulate up to the quantity of hazardous waste specified in (a), below, in containers at or near any point of generation where the wastes initially accumulate without a standard permit or interim status and without complying with the requirements of Env-Hw 300, Env-Hw 700, Env-Hw 800, and Env-Hw 1300, provided that all of the following conditions for exemption are met:

(a) The quantity of hazardous waste accumulated does not exceed:

(1) Fifty-five gallons of non-acutely hazardous waste; or

(2) Either:

a. One quart of liquid acutely hazardous waste; or

b. One kilogram, equivalent to 2.2 pounds, of solid acutely hazardous waste;

(b) The hazardous waste containers are under the control of the operator of the process generating the waste;

(c) The operator of the process generating the hazardous waste has been trained as specified in Env-Hw 509.02(a)(6), except that, in lieu of the annual training requirements specified, the training interval shall be 3 years;

(d) The generator meets the accumulation requirements of Env-Hw 507.01, except that containers shall not be required to be closed under the following circumstances:

(1) When adding, removing, or consolidating wastes; or

(2) When temporary venting of a container is necessary:

a. For the proper operation of equipment; or

b. To prevent dangerous situations, such as build-up of extreme pressure;

(e) The generator manages incompatible wastes pursuant to Env-Hw 509.02(a)(1)d.;

(f) At the time the containers are first used to accumulate wastes, the generator clearly labels or marks hazardous waste containers with:

(1) The words “hazardous waste”;

(2) Words that identify the contents; and

(3) An indication of the hazards of the contents;

(g) For satellite accumulation areas that have accumulated greater than 10 gallons of hazardous waste, in lieu of the weekly inspections required by Env-Hw 509.02(a)(1)b., the generator inspects the containers at least monthly for leaks and for deterioration caused by corrosion and other factors;

(h) When the amount of hazardous waste in a satellite accumulation area reaches the accumulation limit specified in this section, the generator:

(1) Immediately labels or marks the hazardous waste containers with the following:

a. The date the accumulation limit was reached; and

b. All applicable EPA and NH hazardous waste numbers; and

(2) Within 3 days of reaching the accumulation limit:

a. Ships all the hazardous waste from the satellite accumulation area to an offsite designated facility; or

b. Moves all the hazardous waste from the satellite accumulation area to a designated central accumulation area operated in accordance with the applicable requirements of Env-Hw 509.02(a) and ships the hazardous waste offsite within 90 days of the date the accumulation limit was reached; and

(i) The generator meets the standards for preparedness, prevention, and emergency procedures in Env-Hw 509.02(a)(5).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 509.04 Certified Hazardous Waste Coordinator Requirements.

(a) Unless exempt pursuant to Env-Hw 504.04(f), a small or large quantity generator shall, subject to (b), below, have at least one hazardous waste coordinator certified by the department pursuant to Env-Hw 515 on staff and physically at the facility where the hazardous waste is generated for an average, calculated on an annual basis, of no less than 30 hours per week or 75% of the generator’s standard work week if the generator’s standard work week is less than 40 hours.

(b) A small or large quantity generator shall not be without a hazardous waste coordinator physically at the facility where the hazardous waste is generated, due to illness, vacation, or any other reason, for more than 30 consecutive working days or more than 45 total working days during any calendar year, exclusive of Saturdays, Sundays, or state and federal holidays.

(c) A small or large quantity generator shall make available to the department upon request documentation to demonstrate that it is in compliance with (a) and (b), above.

(d) For the purposes of (a) and (b), above, the certified hazardous waste coordinator may be an employee of the generator or a third-party contractor hired by the generator.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 510 MANIFEST REQUIREMENTS

Env-Hw 510.01 General Requirements.

(a) Except as provided in (b) and (g), below, when shipping a hazardous waste offsite, a generator shall comply with the manifest requirements of:

(1) 40 CFR 262.20(a)(1), (b), and (c), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024;

(2) 40 CFR 262.21(a) through (g)(1), as amended effective January 22, 2025, by Federal Register volume 89, page 60692, dated July 26, 2024, and Federal Register volume 89, page 86758, dated October 31, 2024;

(3) 40 CFR 262.21(h) through (m);

(4) This chapter; and

(5) In the case of an electronic manifest, 40 CFR 262.24(a) through (f) and 40 CFR 262.25.

(b) Subject to (c), below, the requirements of 40 CFR 262 Subpart B and the marking requirements of Env-Hw 507.03(a)(3) shall not apply to the transport of hazardous wastes on a public or private right-of-way within or along the border of contiguous property under the control of the same person, even if such contiguous property is divided by a public or private right-of-way.

(c) When transporting hazardous waste as in (b), above, a generator shall comply with the immediate response actions and discharge cleanup requirements of Env-Hw 608.01 and Env-Hw 608.02 in the event of a discharge of hazardous waste on a public or private right-of-way.

(d) A generator shall:

(1) Determine whether the destination state for a shipment regulates any additional wastes as hazardous wastes beyond those regulated federally;

(2) Determine whether the destination state for a shipment requires the generator to submit any copies of the manifest to the state; and

(3) Based on its findings with respect to (1) and (2), comply with the requirements of the destination state, as applicable.

(e) A small or large quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(a) is true.

(f) A very small quantity generator that initiates a shipment of hazardous waste shall certify on the manifest that the waste minimization statement required by 40 CFR 262.27(b) is true.

(g) Env-Hw 510 shall not apply to:

(1) A very small quantity generator that self-transports its own hazardous waste in accordance with Env-Hw 508.02(h)(4)a.; and

(2) A healthcare facility that is a very small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, and that self-transports hazardous waste pharmaceuticals in accordance with Env-Hw 508.02(i).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 510.02 Manifest Copy Distribution and Signatory Requirements.

(a) If waste is to be shipped using a paper manifest, a generator shall:

(1) Sign and date by hand the certification on the first copy of the manifest form and ensure that the signature imprint and date are legible on all copies;

(2) Obtain the date of acceptance and handwritten signature of the initial transporter;

(3) Produce one legible copy of the manifest with signatures as described in (a)(1) and (a)(2) if the destination state does not require a copy of the manifest and 2 legible copies if the destination state does require a copy;

(4) Retain one copy of the manifest with signatures as described in (a)(1) and (a)(2), above;

(5) Submit, within 5 days of shipment, one copy of the manifest as described in (a)(3), above, to:

a. The destination state if required by that destination state; and

b. The department; and

(6) Provide the remaining copies of the manifest to the transporter to accompany the shipment.

(b) If waste is to be shipped using an electronic manifest that has been printed for a generator’s signature, the generator shall:

(1) Sign and date by hand the certification on the manifest;

(2) Obtain the handwritten signature of the initial transporter;

(3) Produce 2 legible copies of the manifest with signatures as described in (b)(1) and (b)(2), above, if the destination state does not require a copy of the manifest and 3 legible copies if the destination state does require a copy;

(4) Retain one copy of the manifest with signatures as described in (b)(1) and (b)(2), above;

(5) Submit, within 5 days of shipment, one copy of the manifest as described in (b)(3), above, to:

a. The destination state if required by that destination state; and

b. The department; and

(6) Provide the manifest to the transporter to accompany the shipment.

(c) If waste is to be shipped using an electronic manifest that the generator will sign electronically, the generator shall:

(1) Sign the electronic manifest in accordance with 40 CFR 262.25; and

(2) Provide one printed copy of the electronic manifest to the transporter to accompany the shipment.

Env-Hw 510.03 Manifest Information.

(a) The manifest shall contain all of the information required by 40 CFR 262.20(a).

(b) For manifest item 13, in addition to all applicable EPA and NH hazardous waste numbers, a generator that claims an exemption from a hazardous waste cleanup fund fee shall identify wastes using the following exemption codes, as applicable:

(1) “NHX1” for wastes that are destined for recycling and are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, III;

(2) “NHX2” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, VI;

(3) “NHX3” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, IV;

(4) “NHX4” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, I;

(5) “NHX5” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, II; and

(6) “NHX6” for wastes that are exempt from the hazardous waste cleanup fund fee based on RSA 147-B:9, V.

(c) A generator that claims an exemption from a hazardous waste cleanup fund fee shall provide, upon request, the following documentation, as applicable:

(1) For exemption code “NHX1”, a certification from the receiving facility that the waste was or will be recycled; and

(2) For exemption codes “NHX2” through “NHX6”, documentation that demonstrates eligibility for the exemption.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 510.04 Manifest Errors/Corrections.

(a) The generator shall initial and date any corrections to a paper manifest prior to shipment.

(b) If a paper manifest is rendered unusable, the manifest shall be voided and destroyed.

(c) If an error on a paper or electronic manifest is detected after the waste has been shipped but before the receiving facility has signed the manifest in the electronic manifest system, the generator shall:

(1) Advise the operator of the receiving facility of the error no more than one business day after detection of the error and ensure that the error is corrected, either by:

a. Confirming in the electronic manifest system that the operator of the receiving facility made the correction; or

b. Obtaining written confirmation from the operator of the receiving facility that the correction was made; or

(2) Subject to (e), below, submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after the receiving facility has certified receipt.

(d) If an error on a paper or electronic manifest is detected after the receiving facility has signed the manifest in the electronic manifest system:

(1) A very small quantity generator shall:

a. Advise the operator of the receiving facility of the error no more than one business day after detection of the error and ensure that the error is corrected, either by:

1. Confirming in the electronic manifest system that the operator of the receiving facility made the correction; or

2. Obtaining written confirmation from the operator of the receiving facility that the correction was made; or

b. Subject to (e), below, submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after detection of the error; and

(2) Subject to (e), below, a small or large quantity generator shall submit data corrections via the electronic manifest system by following the procedures in 40 CFR 265.71(l) no more than one business day after detection of the error.

(e) In the case of (c)(2), (d)(1)b., or (d)(2), above, if a generator makes corrections involving:

(1) The addition of the fee exemption codes provided in Env-Hw 510.03 to a waste(s) on a manifest, the department shall acknowledge such changes only as specified in Env-Hw 512.02(j)(2); or

(2) The type or quantity of waste on a manifest, the department shall acknowledge such changes only if the generator provides to the department documentation that the operator of the receiving facility agrees with the change.

(f) If the department requests corrections to portions of a manifest that a generator is required to complete, the generator shall address the data corrections within 30 days from the date of the request.

Env-Hw 510.05 Rail or Water Shipments.

(a) For bulk shipments of hazardous waste that occur solely by water and for rail shipments of hazardous waste that originate at the site of generation, the generator shall comply with this section instead of with Env-Hw 510.02(a)(5), (a)(6), (b)(5), (b)(6), and (c)(3), as applicable.

(b) For bulk shipments of hazardous waste that occur solely by water, if waste is to be shipped using a paper manifest, the generator shall, within 5 days of shipment, send:

(1) To the owner or operator of the designated facility, or to the last water transporter to handle the waste in the United States if exported by water, 3 copies of the dated and signed manifest;

(2) To the department, one copy of the dated and signed manifest; and

(3) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

(c) For rail shipments of hazardous waste that originate at the site of generation, if waste is to be shipped using a paper manifest, the generator shall, within 5 days of shipment, send:

(1) To the following, 3 copies of the dated and signed manifest:

a. The next non-rail transporter, if any;

b. The designated facility if transported solely by rail; or

c. The last rail transporter to handle the waste in the United States if exported by rail;

(2) To the department, one copy of the dated and signed manifest; and

(3) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

(d) For bulk shipments of hazardous waste that occur solely by water and for rail shipments of hazardous waste that originate at the site of generation, if waste is to be shipped using an electronic manifest that has been printed for a generator’s signature, the generator shall, within 5 days of shipment, send:

(1) To the department, one copy of the dated and signed manifest; and

(2) To the destination state, one copy of the dated and signed manifest if the shipment remains within the United States and the destination state requires a copy.

Env-Hw 510.06 International Shipments.

(a) Any person who exports or imports hazardous waste, except NH-only waste, shall comply with 40 CFR 262 Subpart H.

(b) In accordance with 40 CFR 262.82, exports and imports of hazardous waste shall be subject to the level of control specified in “Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure,” as incorporated by reference in 40 CFR 260.11(e)(1) and available as noted in Appendix B.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7207-B, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 511 DELIVERY OF HAZARDOUS WASTE

Env-Hw 511.01 Delivery.

(a) A very small quantity generator shall deliver or offer hazardous waste only as specified in the conditions for exemption in Env-Hw 508.02(g) through (i), as applicable.

(b) A small or large quantity generator shall deliver or offer hazardous waste only to:

(1) A facility that has obtained an EPA identification number; or

(2) A transporter that possesses an EPA identification number and a current and valid New Hampshire hazardous waste transporter registration.

(c) If a very small or small quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, the very small or small quantity generator shall submit to the department:

(1) A legible copy of the manifest; and

(2) A handwritten or typed note, on the manifest itself or on an attached sheet of paper, indicating that the generator has not received confirmation of delivery.

(d) Beginning on December 1, 2025, a very small quantity generator may submit the documentation required in (c), above, to the electronic manifest system in lieu of submitting it to the department.

(e) Beginning on December 1, 2025, a small quantity generator shall submit the documentation required in (c), above, to the electronic manifest system instead of to the department.

(f) If a large quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter, the large quantity generator shall contact the transporter or the owner or operator of the designated facility to determine the status of the hazardous waste.

(g) If a large quantity generator does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter, the large quantity generator shall submit to the department an exception report consisting of the following:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(2) A cover letter signed by the generator or their authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(h) Beginning on December 1, 2025, instead of submitting an exception report to the department as required in (g), above, a large quantity generator shall submit to the electronic manifest system an exception report consisting of the following:

(1) A legible copy of the manifest for which the generator does not have confirmation of delivery; and

(2) An explanation of the efforts taken to locate the hazardous waste and the results of those efforts.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7208, eff 2-26-00; ss by #7333, eff 8-1-00; ss by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; ss by #8790, eff 1-5-07; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 511.02 Inability to Deliver.

(a) If a transporter is unable to deliver all or part of a hazardous waste shipment, or if a facility rejects all or part of a hazardous waste shipment, the generator shall either designate an alternate authorized facility or instruct the transporter or operator to return the waste to the generator.

(b) If a waste shipment is, or container residues contained in non-empty containers are, returned to the generator in accordance with 40 CFR 264.72(f) and 40 CFR 265.72(f), as applicable, the generator shall:

(1) Sign:

a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or

b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and

(2) Provide a copy of the manifest to the transporter.

(c) If a paper manifest or an electronic manifest that was printed for the generator’s signature accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall submit a copy of the manifest, signed as specified in (b)(2), above, to the department within 5 days of receipt of the returned shipment or residues.

(d) If a paper manifest accompanies a returned shipment or returned container residues contained in non-empty containers, the generator shall send a copy of the manifest to the designated facility that returned the shipment or residues to the generator within 30 days of receipt of the returned shipment or residues.

(e) If the designated facility uses a new manifest to forward a waste shipment to an alternate facility as specified in (a), above, the generator shall comply with the shipment tracking requirements of Env-Hw 511.01(c) through (h) by:

(1) Ensuring that the manifest copy received by the generator has the signature of the owner or operator of the alternate facility in place of the signature of the owner or operator of the designated facility; and

(2) Starting the 45- and 60-day timeframes, as applicable, on the date the waste was accepted by the initial transporter forwarding the hazardous waste shipment from the designated facility to the alternate facility.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #13406, 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 512 RECORDKEEPING AND REPORTING REQUIREMENTS

Env-Hw 512.01 Recordkeeping.

(a) A generator shall keep the following records, as applicable, for at least 3 years:

(1) Subject to (d) through (f), below, all manifest copies, including the original generator copy and the copy certified by the designated facility or the foreign receiving facility, for 3 years from the date of signature by the generator;

(2) A copy of each quarterly activity report and biennial report, for 3 years from the due date of the report;

(3) A copy of each exception report;

(4) Records on any test results, waste analyses, or other waste determinations, made in accordance with Env-Hw 401.03(j) or Env-Hw 502.01, for 3 years from the date that the waste was last sent to be recycled or for treatment, storage or disposal;

(5) Records of any hazardous waste spills or discharges;

(6) Records of the inspections required by Env-Hw 509.02, for 3 years from the date of the inspection;

(7) Records pertaining to the use of tanks as required by Env-Hw 509.02(a)(2);

(8) Records pertaining to the use of drip pads as required by Env-Hw 509.02(a)(3);

(9) Records pertaining to the use of containment buildings as required by Env-Hw 509.02(a)(4);

(10) Records pertaining to land disposal restrictions as required by Env-Hw 509.02(a)(7), for 3 years from the date that the waste was last sent to onsite or offsite treatment, storage, or disposal;

(11) Records pertaining to hazardous waste received from very small quantity generators as required by Env-Hw 509.02(e)(4), for 3 years from the date of receipt of the waste; and

(12) Records pertaining to episodic events as required by Env-Hw 516.03(j), Env-Hw 516.04(h) and Env-Hw 516.05(e), for 3 years from the end date of the event.

(b) The time period specified in (a), above, shall be automatically extended while any enforcement action is pending.

(c) The records in (a), above, may be retained on electronic media provided the records are available during an inspection by the department.

(d) Except as specified in (e) and (f), below, a generator may rely on the electronic manifest system to satisfy manifest recordkeeping requirements in (a)(1), above, only if the generator has registered in the electronic manifest system and has established access to manifest records stored therein.

(e) For shipments of waste using an electronic manifest that was printed for the generator’s signature, the generator shall retain the paper copy of the electronic manifest with the generator’s signature for 3 years from the date of signature by the generator.

(f) For shipments of waste using a paper manifest, a generator that has registered in the electronic manifest system shall retain the original generator copy of the manifest as specified in (a)(1), above, until such time as the generator verifies, in the electronic manifest system, receipt of the shipment by the receiving facility.

(g) Beginning December 1, 2025, a generator may rely on the electronic manifest system to satisfy exception report recordkeeping requirements in (a)(3), above, only if the generator has registered in the electronic manifest system and has established access to exception reports stored therein.

(h) A generator shall not be held liable for the inability to produce for inspection an electronic record from the electronic manifest system if the generator can demonstrate that such inability is due exclusively to a technical difficulty with the electronic manifest system for which the generator bears no responsibility.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 512.02 Quarterly Reporting.

(a) The department shall compile a hazardous waste quarterly activity report summarizing hazardous waste manifest information from the electronic manifest system and mail or email the report to each generator that ships hazardous waste offsite using a manifest.

(b) If a generator ships hazardous waste offsite using a manifest and has not received a quarterly activity report within 45 days following the last day of the previous quarter, the generator shall ask the department to send a new report.

(1) 1st Quarter - January 1 to March 31;

(2) 2nd Quarter - April 1 to June 30;

(3) 3rd Quarter - July 1 to September 30; and

(4) 4th Quarter - October 1 to December 31.

(d) Quarterly activity reports shall include the following:

(1) Reporting quarter;

(2) Name, mailing address, site location, and EPA identification number of the generator;

(3) Weight in pounds of the hazardous waste manifested during the reporting quarter, summarized by manifest tracking number and EPA or NH hazardous waste number;

(4) Weight in pounds of the quarter’s manifested hazardous waste that is exempt from fees pursuant to RSA 147-B:9; and

(5) Fee due to the state of New Hampshire.

(e) Unless exempt under (f), below, a generator that receives a hazardous waste quarterly activity report from the department shall, within 30 days of receipt of the report:

(1) Review the report for accuracy;

(2) Notify the department of any needed corrections;

(3) Certify, as specified in Env-Hw 207, the report; and

(4) Return a certified copy of the report to the department.

(f) Political subdivisions that generate less than 660 pounds of hazardous waste in a 3-month period shall be exempt from certifying and submitting a quarterly activity report pursuant to (e)(3) and (e)(4), above.

(g) A generator that generates equal to or greater than 660 pounds of hazardous waste in a 3-month period shall pay the quarterly hazardous waste generator fee established in RSA 147-B:8, subject to the exemptions established in RSA 147-B:9, to the department for deposit into the hazardous waste cleanup fund.

(h) Fees required by RSA 147-B:8 shall be assessed based on the weight of hazardous wastes calculated from information from the electronic manifest system, as follows:

(1) The assessed weight of hazardous wastes shall be calculated from information from the electronic manifest system; and

(2) If the generator inadvertently omits an exemption code in manifest item 13 as required by Env-Hw 510.03(b)(1), the hazardous waste shall not be exempt from the fee unless the generator corrects the error by:

a. For exemption code “NHX1”, having the receiving facility submit a certification to the department that the waste was or will be recycled; or

b. For exemption codes “NHX2” through “NHX6”, submitting documentation that demonstrates eligibility for the exemption.

(i) The generator shall submit to the department the appropriate fee within 30 days of receipt of the quarterly activity report.

(j) Failure to submit the fees due as specified in (i), above, within 60 days of the due date shall result in the assessment of interest pursuant to RSA 147-B:8, at the rate established by RSA 336:1, II.

(k) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using Form HWM-15 “Hazardous Waste Quarterly Activity Fee Payment Form” as amended August 2025;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – RIMS

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – RIMS

29 Hazen Dr

Concord, NH 03301

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRES: 3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 512.03 Export and Import Recordkeeping and Reporting.

(a) An exporter shall:

(1) Meet the recordkeeping requirements of 40 CFR 262.83(i);

(2) File an annual report with the administrator of EPA, by March 1 of each year, that is based on exports made during the previous calendar year, as specified in 40 CFR 262.83(g); and

(3) In lieu of the requirements of 40 CFR 262.42, if applicable, meet the exception reporting requirements of 40 CFR 262.83(h).

(b) An importer shall meet the recordkeeping requirements of 40 CFR 262.84(h).

Env-Hw 512.04 Biennial Reporting. On even-numbered years, a generator that is subject to the biennial reporting requirements in 40 CFR 262.41 shall complete and submit a biennial report to EPA by March 1 of that year.

Source. #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 512.05 Additional Reporting. A generator that also operates a treatment, storage, or disposal facility at the same location shall submit additional biennial report information as required by Env-Hw 705.03.

Source. #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 513 EMERGENCY ACTION; REMEDIAL ACTION; CLOSURE

Env-Hw 513.01 Immediate Discharge Response Actions.

(a) A very small quantity generator shall comply with the following requirements:

(1) In the event of any discharge of hazardous waste or of a material that when discharged becomes a hazardous waste that poses a threat to human health or the environment, including but not limited to a discharge into storm drains or sanitary sewers, onto the land, or into the air, groundwater, or surface waters, the generator shall report the discharge:

a. Immediately, not to exceed one hour from the discovery of the release; and

b. To local emergency officials and to:

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

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

(2) The very small quantity generator also shall comply with the emergency procedures specified in the conditions for exemption in 40 CFR 262.265, as amended by Env-Hw 509.02(a)(5)f.

(b) A small or large quantity generator shall comply with the emergency procedures specified in the conditions for exemption in 40 CFR 262 Subpart M, as amended by Env-Hw 509.02(a)(5).

Env-Hw 513.02 Discharge Cleanup.

(a) A generator shall immediately contain and cleanup, within 24 hours, any discharge of hazardous waste or material that, when discharged, becomes a hazardous waste.

(b) All recovered hazardous waste, contaminated soil or surface water, and any other materials that result from a discharge shall be properly managed in accordance with this chapter and Env-Or 600.

(c) If the hazardous waste discharge cannot be or is not cleaned up within 24 hours, then the generator shall comply with the requirements of Env-Or 600.

Env-Hw 513.03 Exemption from Permit Requirements for Emergency Response. Subject to Env-Hw 303.02(d), a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to the situations described in Env-Hw 303.02(c).

Env-Hw 513.04 Very Small and Small Quantity Generator Closure Requirements. A very small or small quantity generator shall meet the following closure requirements:

(a) Prior to closing the facility:

(1) Meets the conditions for exemption for closure in Env-Hw 513.05(d), (f), and (g), as applicable;

(2) Manages any hazardous waste accumulated onsite or generated in the process of closing the generator’s facility in accordance with all applicable standards of Env-Hw 500, Env-Hw 600, Env-Hw 700, and Env-Hw 1200, including shipping these wastes to a facility authorized under the destination state’s rules to handle the hazardous waste; and

(3) If contamination is discovered at the site, meets the contaminated site management requirements of Env-Or 600; and

(b) Meets the independent requirements for declassification in Env-Hw 505.04(a)(2).

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 513.05 Large Quantity Generator Closure Requirements. Subject to (h), below, a large quantity generator accumulating hazardous wastes in containers, tanks, drip pads, and containment buildings shall meet the following conditions for exemption prior to closing a waste accumulation unit at the facility, or prior to closing the facility:

(a) A large quantity generator shall perform one of the following when closing a waste accumulation unit, but not all waste accumulation units:

(1) Subject to (b), below, place a notice in the operating record within 30 days after closure identifying the location of the unit within the facility; or

(2) Meet the closure performance standards of (d) through (g), below, as applicable, and notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 90 days after closing the unit that it has complied with the applicable closure performance standards of (d) through (g), below, as applicable.

(b) For purposes of (a)(1), above, if the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record;

(1) Shall notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, no later than 30 days prior to closing the facility;

(2) Subject to (c)(3), below, shall notify the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, within 90 days after closing the facility:

a. That it has complied with the applicable closure performance standards of (d) through (g), below; or

b. If the facility cannot meet the applicable closure performance standards of (d) through (g), below, that it will close:

1. Under the standards of 40 CFR 265.310 in the case of a facility with container, tank, or containment building unit(s); or

2. Under the standards of 40 CFR 265.445(b) in the case of a facility with drip pads; and

(3) Within 75 days after the date provided in (c)(1), above, may request additional time to meet the applicable closure performance standards of (d) through (g), below, by notifying the department using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, and providing an explanation as to why the additional time is required;

(d) The generator shall close a container, tank system, or containment building waste accumulation unit or facility in a manner that:

(1) Minimizes the need for further maintenance by controlling, minimizing, or eliminating, to the extent necessary to protect human health and the environment, the post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated run-off, or hazardous waste decomposition products to the ground or surface waters or to the atmosphere; and

(2) Removes or decontaminates all contaminated equipment, structures and soil and any remaining hazardous waste residues from waste accumulation units including containment system components, such as pads and liners, contaminated soils and subsoils, bases, and structures and equipment contaminated with waste, unless Env-Hw 401.01(c) applies;

(e) Any hazardous waste generated in the process of closing either the generator’s facility or unit(s) accumulating hazardous waste shall be managed in accordance with all applicable standards of Env-Hw 500, Env-Hw 600, Env-Hw 700, and Env-Hw 1200, including removing any hazardous waste contained in these units within 90 days of generating it and shipping these wastes to a facility authorized under the destination state’s rules to handle the hazardous waste;

(f) If the generator demonstrates that any contaminated soils and wastes cannot be practicably removed or decontaminated as required in (d)(2), above, then the waste accumulation unit shall be subject to 40 CFR 262.17(a)(8)(iii)(A)(4);

(g) At closure of a drip pad waste accumulation unit, the generator shall comply with the closure requirements of (d)(1), and (e), above, and 40 CFR 265.445(a) and (b); and

(h) The closure requirements of this section:

(1) Shall not apply to satellite accumulation areas; and

(2) Shall apply to any generator that was a large quantity generator on one or more occasions for a total of greater than 30 days.

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 514 VERY SMALL QUANTITY GENERATOR SELF-CERTIFICATION

Env-Hw 514.01 Purpose and Applicability.

(a) The purpose of this part is to implement RSA 147-A:5, IV relative to self-certification of compliance with applicable hazardous waste rules by very small quantity generators (VSQGs) of hazardous waste.

(b) Unless exempt pursuant to Env-Hw 504.04(f), this part shall apply to any hazardous waste generator that generates, for every month of the generator’s operations, less than 100 kilograms or 220 pounds of hazardous waste per month.

(c) Nothing in this part shall eliminate or otherwise affect the obligation of a VSQG to comply with all applicable requirements of RSA 147-A and the hazardous waste rules.

Source. #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

New. #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 514.02 Definitions. For purposes of this part, the following definitions shall apply:

(a) “Declaration” means a completed self-certification form and any attachments thereto;

(b) “Fees that are due” means the non-refundable fees required by RSA 147-A:5, IV(b) that are due for the 3 years following the year in which the declaration is due;

(c) “Self-certification form” means Form HWM-4 “Very Small Quantity Generator Self-Certification and Declaration of Compliance Form” as amended February 2026, a VSQG completes to certify compliance with applicable hazardous waste rules;

(d) “Very small quantity generator (VSQG)” means a generator that generates less than 100 kilograms or 220 pounds of hazardous waste in each and every calendar month;

(e) “VSQG whose declaration is due” means:

(1) In 2024 and every third year thereafter, VSQGs in Rockingham and Strafford counties;

(2) In 2025 and every third year thereafter, VSQGs in Hillsborough and Cheshire counties; and

(3) In 2026 and every third year thereafter, VSQGs in Merrimack, Coos, Carroll, Belknap, Sullivan, and Grafton counties; and

(f) “Year in which the declaration is due” means:

(1) For VSQGs in Rockingham and Strafford counties, 2024 and every third year thereafter;

(2) For VSQGs in Hillsborough and Cheshire counties, 2025 and every third year thereafter; and

(3) For VSQGs in Merrimack, Coos, Carroll, Belknap, Sullivan, and Grafton counties, 2026 and every third year thereafter.

Source. #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

New. #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 514.03 Self-Certification Procedures.

(a) On or before October 1 of each year, the department shall email, if available, or mail a self-certification form and explanatory information to each VSQG whose declaration is due.

(b) Subject to (d) below, any VSQG whose declaration is due that does not receive a self-certification form by October 10 of the year in which the declaration is due shall notify the department no later than October 20 of that same year.

(c) Upon receiving notification pursuant to (b), above, the department shall email, if available, or mail a self-certification form and explanatory information to the VSQG.

(d) A VSQG whose declaration is due may download the self-certification form and explanatory information from the department’s website in lieu of requesting a paper copy from the department.

(e) A VSQG whose declaration is due shall complete and submit Form HWM-4, “Very Small Quantity Generator Self-Certification and Declaration of Compliance Form”, as amended February 2026, no later than January 1 of the year immediately following the year in which the declaration is due, together with:

(1) The certification that the signer is familiar with the New Hampshire hazardous waste rules applicable to VSQGs and with this facility’s operations and procedures with respect to hazardous waste;

(2) The fees that are due, if any, as specified in RSA 147-A:5, IV(b) through (e);

(3) Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, if a subsequent notification as specified in Env-Hw 505.01 is necessary; and

(4) The corrective action plan required by Env-Hw 514.04, if applicable.

(f) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using the self-certification form;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – VSQG Self-Certification Program

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – VSQG Self-Certification Program

29 Hazen Dr

Concord, NH 03301

Source. #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

New. #8415, eff 8-19-05; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 514.04 Self-Certification of Compliance; Corrective Action Plan.

(a) A VSQG whose declaration is due shall verify through appropriate inspections and record reviews that the VSQG is in compliance with the following rules, if applicable to the VSQG’s operations, and certify such compliance on the self-certification form:

(1) Env-Hw 502.01 relative to hazardous waste determinations;

(2) Env-Hw 504 relative to initial notification;

(3) Env-Hw 505.01 relative to subsequent notification;

(4) Env-Hw 505.04 relative to filing Form HWM-3 “VSQG and SQG Inactivation/ Declassification Form” as amended February 2026, if the VSQG has ceased business operations, including activities regulated by the hazardous waste rules, at the location identified on the VSQG’s original notification form;

(5) Env-Hw 507.01 relative to accumulation requirements;

(6) Env-Hw 507.02 relative to additional requirements for containers;

(7) Env-Hw 507.03 relative to labeling containers containing hazardous waste and shipping hazardous waste offsite;

(8) Env-Hw 508.02 relative to quantity of accumulation and preparedness and prevention;

(9) Env-Hw 508.03 relative to extended accumulation;

(10) Env-Hw 510.01 through Env-Hw 510.06 relative to manifests;

(11) Env-Hw 511.01 relative to delivery of hazardous wastes to an authorized facility;

(12) Env-Hw 512.01 relative to maintaining records; and

(13) Env-Hw 513.01 relative to reporting discharges of hazardous waste.

(b) If, at the time the declaration is due, a VSQG is not in compliance with one or more of the rules identified in (a), above, the VSQG shall submit a corrective action plan, as described in (c) and (d), below, with the declaration.

(1) The rule with which the VSQG is not in compliance;

(2) The action(s) the VSQG has taken to date, if any, and the action(s) the VSQG will take to come into compliance;

(3) The schedule on which the remaining corrective action(s) will be implemented; and

(4) The procedures adopted by the VSQG to prevent a recurrence of the non-compliance.

(d) The corrective action plan shall also specify the date by which all remaining corrective actions shall be completed, which shall be as soon as practicable but in no event later than 90 days from the date the declaration is due, unless an extension is requested and granted pursuant to (f) and (g), below.

(e) Within 30 days of completing all actions included in the corrective action plan, the VSQG shall submit a statement of completion to the department that includes:

(1) A description of the corrective actions taken to comply with the corrective action plan;

(2) The date each corrective action was completed; and

(3) A certification, in accordance with Env-Hw 207, and that the corrective action has been completed in accordance with the corrective action plan.

(f) If a corrective action cannot be completed within 90 days of the date the declaration is due, the VSQG may submit a written request for an extension explaining the circumstances warranting such an extension.

(g) The department shall grant an extension requested pursuant to (f), above, if the corrective action cannot be completed within 90 days due to circumstances that are beyond the control of the VSQG.

Source. #7966, INTERIM, eff 9-26-03, EXPIRED: 3-24-04

New. #8415, eff 8-19-05; ss by #9367, eff 1-28-09; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25 (formerly Env-Hw 514.05 and Env-Hw 514.06); ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 514.05 Interest on Unpaid Fees.

(a) As specified in RSA 147-A:5, IV(c), if the self-certification fee is not paid within 60 days of the due date, interest shall be assessed.

(b) The interest rate shall be the rate established by RSA 336:1, II.

Source. #10205, eff 10-19-12; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 514.07)

PART Env-Hw 515 HAZARDOUS WASTE COORDINATOR CERTIFICATION

Env-Hw 515.01 Purpose. The purpose of this part is to implement RSA 147-A:5, III relative to hazardous waste coordinator certification.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.02 Applicability.

(a) This part shall apply to hazardous waste coordinators, as identified in RSA 147-A:5, III(a).

(b) Nothing in this part shall eliminate or otherwise affect the obligation of a generator to comply with all applicable requirements of RSA 147-A and the hazardous waste rules.

(c) A hazardous waste generator or any other person may participate in the hazardous waste coordinator certification program administered by the department in accordance with this part. Any person who voluntarily participates shall be subject to all program requirements, except that the person may withdraw from the program at any time without penalty.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.03 Definitions.

(a) “Basic course” means the initial training course administered by the department that provides the hazardous waste management information needed to pass the examination required by Env-Hw 515.05.

(b) “Certified hazardous waste coordinator” means an individual who holds a hazardous waste coordinator certification that is current and in good standing.

(c) “Hazardous waste coordinator certification” means the certification granted to an individual by the department upon completing the requirements set forth in Env-Hw 515.04, Env-Hw 515.06, and Env-Hw 515.07, as applicable.

(d) “Hazardous waste coordinator certification program” means the training, education, and certification program administered by the department to implement the requirements of RSA 147-A:5, III.

(e) “Initial certification” means the hazardous waste coordinator certification granted to an individual:

(1) Who has not previously been certified by the department; or

(2) Whose certification expired prior to obtaining a renewal.

(f) “Module” means a training course, other than a basic course, that is offered by the department to fulfill the continuing education requirement for renewal of certification.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.04 Application for Certification.

(a) An applicant for an initial certification or a renewal certification shall submit the following to the department:

(1) A completed signed Form HWM-5 “Hazardous Waste Coordinator Certification Training Application” as amended February 2026;

(2) The course fee of $175 pursuant to Env-Hw 515.05(a)(2); and

(3) The application fee specified in RSA 147-A:5, III(b).

(b) Payment shall be submitted by one of the following methods:

(1) Electronically by credit card or eCheck using:

a. Form HWM-5 “Hazardous Waste Coordinator Certification Training Application” as amended February 2026, if the applicant pays while submitting their training application online; or

b. Form HWM-16 “Hazardous Waste Coordinator Certification Training Application Fee – Payment Only; Pay Multiple” as amended February 2026, if payment is made separate from the training application for one or more applicants;

(2) Checks or money orders made payable to “Treasurer, State of New Hampshire” and sent or delivered to:

NHDES Waste Management Division – HWCC Program

PO Box 95, 29 Hazen Dr

Concord, NH 03302-0095; or

(3) Cash payments only accepted in person at:

NHDES Waste Management Division – HWCC Program

29 Hazen Dr

Concord, NH 03301

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 515.05 Courses and Examinations.

(a) The department shall:

(1) Administer basic courses, modules, and for initial certifications, written examinations to determine the knowledge, ability, and judgment of the applicants for initial coordinator certification; and

(2) Charge a fee of $175, pursuant to RSA 147-A:5, III(a), sufficient to cover the actual costs of administering a basic course or module.

(b) Unless otherwise arranged for purposes of retaking an examination pursuant to (e)(1), below, examinations shall be administered at the conclusion of a basic course attended by the applicant.

(c) The examinations shall be graded on a pass/fail basis, with a score of 70% correct, or greater, constituting a passing grade.

(d) An applicant who does not successfully pass the examination shall not be issued a hazardous waste coordinator certification.

(e) An applicant who fails the examination may, within one year of the date of the examination:

(1) Retake the examination one time without a payment of an application fee and without repeating a basic course; or

(2) Submit a new application pursuant to Env-Hw 515.04, without payment of the application fee, attend another basic course, subject to payment of the course fee, and retake the examination at the conclusion of the basic course.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25; ss by #14375, INTERIM, eff 9-20-25; ss by #14525, eff 2-28-26, EXPIRES: 2-28-36

Env-Hw 515.06 Issuance of Initial Certification.

(a) The department shall issue an initial hazardous waste coordinator certification to an applicant if the applicant:

(1) Submits a complete application for initial certification as specified in Env-Hw 515.04;

(2) Attends a basic course administered by the department pursuant to Env-Hw 515.05; and

(3) Passes a written examination administered by the department pursuant to Env-Hw 515.05.

(b) The department shall not issue an initial certification if:

(1) The requirements of paragraph (a), above, are not satisfied;

(2) There exist any grounds that would constitute good cause to deny an application pursuant to Env-C 209.02; or

(3) There exist any grounds that would constitute good cause to suspend, revoke, or refuse to renew an application pursuant to Env-Hw 515.09 or Env-C 209.03.

(1) Issued in writing in the form of a certificate that contains a unique identification number, the name of the certification holder, and the expiration date of the certification;

(2) Effective for a period of one year from the date of issuance, unless revoked or suspended pursuant to Env-Hw 515.09;

(3) Subject to renewal pursuant to Env-Hw 515.07; and

(4) Non-transferable to another individual.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.07 Issuance of Renewal Certification.

(a) The department shall issue a renewal hazardous waste coordinator certification to an applicant if the applicant:

(1) Submits a complete application for renewal pursuant to Env-Hw 515.04 at any time prior to the expiration date of the certification being renewed; and

(2) Attends a basic course or a module no more than 90 days after the expiration date of the certification being renewed.

(b) The department shall not issue a renewal certification if:

(1) The requirements of (a), above, are not satisfied; or

(2) There exist any grounds that would constitute good cause to suspend, revoke, or refuse to renew an application pursuant to Env-Hw 515.09 or Env-C 209.03.

(1) Issued in writing in the form of a certificate containing a unique identification number, the name of the certification holder, and the expiration date of the certification;

(2) Unless revoked or suspended pursuant to Env-Hw 515.09, effective for a period of one year from:

a. The expiration date of the expiring certification, if the applicant attends a basic course or module no more than 90 days prior to, or no more than 90 days after the expiration date of the certification being renewed; or

b. The date that the applicant attends a basic course or module if the applicant attends such course or module more than 90 days prior to the expiration date of the certification being renewed; and

(3) Non-transferable to another person.

(d) Subject to Env-Hw 515.09, the certification of an applicant who submits a complete application for renewal in accordance with (a)(1), above, but who has not attended a basic course or module prior to the expiration date of the expiring certification shall be extended until the applicant attends a basic course or module or 90 days, whichever is less.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.08 Expired Hazardous Waste Coordinator Certification.

(a) A hazardous waste coordinator whose certification has expired shall not be eligible for issuance of a renewal certification pursuant to Env-Hw 515.07.

(b) A hazardous waste coordinator whose certification has expired who wishes to be re-certified shall apply for issuance of an initial certification in accordance with Env-Hw 515.04 and Env-Hw 515.06.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 515.09 Suspension, Revocation, or Refusal to Renew Certification.

(a) If the department receives information that indicates that good cause, as defined in (d), below, exists to suspend or revoke the certification, the department shall proceed in accordance with the provisions of RSA 541-A that are applicable to adjudicative proceedings and Env-C 209.

(b) After proceeding in accordance with (a), above, the department shall:

(1) Revoke the certificate if it determines that the reason that good cause exists cannot be corrected to conform to applicable requirements and revoking the certificate will provide greater protection to public health and safety than renewing the certificate; or

(2) Suspend the certificate, subject to (d), below, if it determines that the reason that good cause exists can be corrected to conform to applicable requirements.

(1) The underlying problem identified in (a), above, has been corrected; and

(2) The certification holder submits either a written request to the department requesting that certification be reinstated or, if the suspended certification has also expired, an application for initial certification pursuant to Env-Hw 515.04.

(d) Good cause to suspend, revoke, or refuse to renew a hazardous waste coordinator certification shall include the following:

(1) The certified hazardous waste coordinator obtained or attempted to obtain certification through fraud, deceit, or falsification;

(2) The certified hazardous waste coordinator knowingly violated the hazardous waste rules, conditions of a hazardous waste permit, or other rules or permits related to protection of the environment; or

(3) Any grounds set forth in Env-C 209.03.

Source. #10494, eff 1-1-14; ss by #12347, eff 8-14-17; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 516 ALTERNATIVE STANDARDS FOR EPISODIC GENERATION

Env-Hw 516.01 Applicability. This part shall apply to very small quantity generators and small quantity generators.

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 516.02 Definitions. For purposes of this part, the following definitions shall apply:

(a) “Planned episodic event” means an episodic event that the generator planned and prepared for, including but not limited to regular maintenance, tank cleanouts, short-term projects, or removal of excess chemical inventory; and

(b) “Unplanned episodic event” means an episodic event that the generator did not plan or reasonably did not expect to occur, including but not limited to production process upsets, product recalls, accidental spills, or acts of nature, such as tornado, hurricane, or flood.

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 516.03 Conditions for a Very Small Quantity Generator. A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided the very small quantity generator:

(a) Has no more than one episodic event per calendar year, unless a petition for a second episodic event is granted pursuant to Env-Hw 516.05;

(b) Notifies the department:

(1) At least 30 days prior to initiating a planned episodic event using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; or

(2) Within 72 hours of the unplanned episodic event via telephone, email, or fax and subsequently submits Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(c) Has an EPA identification number or obtains one by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504;

(d) Accumulates hazardous waste generated from an episodic event only in containers, tanks, or both;

(e) Complies with the following requirements:

(1) Env-Hw 508.02(b)-(d), (f), (g)(1), and (j);

(2) Env-Hw 508.03(c) and (e)-(i); and

(3) If hazardous waste generated from an episodic event is accumulated in a tank:

a. Inspects the tank and tank system at least daily to look for leaks and deterioration;

b. Any ignitable or reactive hazardous waste is accumulated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; and

c. The tank, if used to accumulate ignitable or reactive hazardous waste, is located to maintain protective distances between the waste management area and any public ways, streets, alleys, or adjoining property lines, as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;

(f) If accumulating in a container, clearly marks or labels the container with the following:

(1) The words “Episodic Hazardous Waste”;

(2) Words that identify the contents;

(3) An indication of the hazards of the contents; and

(4) The date upon which the episodic event began;

(g) If accumulating in a tank:

(1) Clearly marks or labels the tank with the following:

a. The words “Episodic Hazardous Waste”;

b. Words that identify the contents; and

c. An indication of the hazards of the contents;

(2) Uses inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and

(3) Keeps inventory logs or records with the information in (g)(2), above, on site and readily available for inspection;

(h) Complies with Env-Hw 510 through Env-Hw 512, as applicable, when it sends its episodic event hazardous waste offsite to a designated facility;

(i) Ships the hazardous waste from its episodic event offsite to a designated facility no more than 60 days from the start of the episodic event;

(j) Compiles and maintains the following records:

(1) Beginning and end dates of the episodic event;

(2) A description of the episodic event;

(3) A description of the types and quantities of hazardous wastes generated during the event;

(4) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste;

(5) The name(s) of hazardous waste transporters;

(6) Manifest copies; and

(7) An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year; and

(k) Maintains the records of its episodic event as specified in Env-Hw 512.01(a)(12).

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 516.04 Conditions for a Small Quantity Generator. A small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided the small quantity generator:

(a) Has no more than one episodic event per calendar year, unless a petition for a second episodic event is granted pursuant to Env-Hw 516.05;

(b) Notifies the department:

(1) At least 30 days prior to initiating a planned episodic event using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; or

(2) Within 72 hours of the unplanned episodic event via telephone, email, or fax and subsequently submits Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;

(c) Has an EPA identification number or obtains one by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504;

(d) Accumulates hazardous waste generated from an episodic event only in containers, tanks, or both;

(e) If accumulating in a container, complies with Env-Hw 509.02(a)(1)a. through d. and clearly marks or labels the container with the following:

(1) The words “Episodic Hazardous Waste”;

(2) Words that identify the contents;

(3) All applicable EPA and NH hazardous waste numbers;

(4) An indication of the hazards of the contents; and

(5) The date upon which the episodic event began;

(f) If accumulating in a tank, complies with Env-Hw 509.02(a)(2)a. and:

(1) Clearly marks or labels the tank with the following:

a. The words “Episodic Hazardous Waste”;

b. Words that identify the contents;

c. All applicable EPA and NH hazardous waste numbers; and

d. An indication of the hazards of the contents;

(2) Uses inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and

(3) Keeps inventory logs or records with the information in (f)(2), above, on site and readily available for inspection;

(g) No more than 60 days from the start of the episodic event, either treats the hazardous waste from its episodic event onsite in compliance with a limited permit issued under Env-Hw 304.04 or manifests and ships such hazardous waste to a designated facility;

(h) Compiles and maintains the following records:

(1) Beginning and end dates of the episodic event;

(2) A description of the episodic event;

(3) A description of the types and quantities of hazardous wastes generated during the event;

(4) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste;

(5) The name(s) of hazardous waste transporters;

(6) Manifest copies; and

(7) An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year; and

(i) Maintains the records of its episodic event as specified in Env-Hw 512.01(a)(12).

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 516.05 Petition for a Second Episodic Event in a Calendar Year.

(a) A generator may petition the department for a second episodic event in a calendar year without impacting its generator category under the following conditions:

(1) If a very small quantity generator or small quantity generator has already held a planned episodic event in a calendar year, the generator may petition the department for an unplanned episodic event in that calendar year within 72 hours of the unplanned event; or

(2) If a very small quantity generator or small quantity generator has already held an unplanned episodic event in a calendar year, the generator may petition the department for a planned episodic event in that calendar year.

(b) The petition shall include the following:

(1) The reason(s) why an additional episodic event is needed and the nature of the episodic event;

(2) The estimated amount of hazardous waste to be managed from the event;

(3) How the hazardous waste is to be managed;

(4) The estimated length of time needed to complete management of the hazardous waste generated from the episodic event, which shall not exceed 60 days; and

(5) Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.

(d) If the petition satisfies the requirements of this part, the department shall issue to the generator a letter approving the petition.

(e) The generator shall retain the approval letter in its records as specified in Env-Hw 512.01(a)(12).

Source. #14280, eff 8-1-25, EXPIRES: 8-1-35

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)	State Statute(s)	Federal Regulation(s)
Env-Hw 501	RSA 147-A:3, IV and VI; RSA 147-A:5, III and IV	40 CFR 261.9; 40 CFR 262.1; 40 CFR 262.10; 40 CFR 262.31; 40 CFR 262.70
Env-Hw 502	RSA 147-A:3, I and III	40 CFR 262.11
Env-Hw 503	RSA 147-A:3, IV and VI	40 CFR 262.13
Env-Hw 504	RSA 147-A:3, VI and XXVIII; RSA 147-A:5, III and IV; RSA 147-A:6-a	40 CFR 262.10; 40 CFR 262.17; 40 CFR 262.18
Env-Hw 505	RSA 147-A:3, VI	40 CFR 262.17; 40 CFR 262.18
Env-Hw 505.02; Env-Hw 505.04	RSA 147-A:3, VI	40 CFR 262.17; 40 CFR 262.18
Env-Hw 506 (Reserved)	N/A	N/A
Env-Hw 507	RSA 147-A:3, III, IV, and XIII	40 CFR 262.16; 40 CFR 262.17; 40 CFR 262 Subpart C
Env-Hw 508	RSA 147-A:3, III, IV, VI, XIII, and XXVII; RSA 147-A:5, IV	40 CFR 262.14; 40 CFR 262.16; 40 CFR 262 Subpart L
Env-Hw 509	RSA 147-A:3, III, IV, VI, XIII, and XXVI; RSA 147-A:5, III	40 CFR 262
Env-Hw 510	RSA 147-A:3, IV and V	40 CFR 262 Subparts B & H
Env-Hw 511	RSA 147-A:3, III-VI	40 CFR 262.17; 40 CFR 262.18; 40 CFR 262 Subpart B; 40 CFR 262.42
Env-Hw 512	RSA 147-A:3, I-VII and XIII; RSA 147-B:7; RSA 147-B:8; RSA 147-B:9; RSA 147-B:11	40 CFR 262 Subparts D & H
Env-Hw 513	RSA 147-A:3, III, IV, VI, VII, and XXV; RSA 147-A:11	40 CFR 262.16; 40 CFR 262.17; 40 CFR 262 Subpart M
Env-Hw 514	RSA 147-A:5, IV
Env-Hw 514.02; Env-Hw 514.03; Env-Hw 514.04	RSA 147-A:5, IV	N/A
Env-Hw 515	RSA 147-A:5, III
Env-Hw 515.04; Env-Hw 515.05	RSA 147-A:5, III	N/A
Env-Hw 516	RSA 147-A:3, III, IV, VI, and XIII	40 CFR 262 Subpart L

Appendix B: Incorporation by Reference Information

Rule	Title	Obtain at:
Env-Hw 509.02(a)(2)a.2.; Env-Hw 516.03(e)(3)c.	“Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981	National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 (617) 770-3000, (800) 344-3555 Free online at: https://www.nfpa.org/codes-and-standards/nfpa-30-standard-development/30
Env-Hw 510.06(b)	“Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure”	Organization for Economic Cooperation and Development, Environment Directorate 2 rue Andre´ Pascal 75775 Paris Cedex 16 France Tel: +33 1 45 24 82 00 Free online at: Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes \| OECD

Rule

Title

Obtain at:

Env-Hw 509.02(a)(2)a.2.;

Env-Hw 516.03(e)(3)c.

“Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981

National Fire Protection Association

1 Batterymarch Park

Quincy, MA 02269

(617) 770-3000, (800) 344-3555

Free online at:

https://www.nfpa.org/codes-and-standards/nfpa-30-standard-development/30

Env-Hw 510.06(b)

“Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes, copyright 2009, Annex B: OECD Consolidated List of Wastes Subject to the Green Control Procedure and Annex C: OECD Consolidated List of Wastes Subject to the Amber Control Procedure”

Organization for Economic Cooperation and Development,

Environment Directorate

2 rue Andre´ Pascal

75775 Paris Cedex 16

France

Tel: +33 1 45 24 82 00

Free online at:

Guidance Manual for the Control of Transboundary Movements of Recoverable Wastes | OECD

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