CHAPTER Env-Hw 600 REQUIREMENTS FOR HAZARDOUS WASTE TRANSPORTERS

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 600 as Env-Hw 600. 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 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Wm 600. The numerals of the rules remained unchanged, and the source note information for the rules under Document #9367 refer to those same numbers under the subtitle Env-Wm.

REVISION NOTE #2:

Document #12922, effective 11-23-19, readopted with amendments, repealed, or amended various rules in Chapter Env-Hw 600. Rule Env-Hw 609.01 titled “Registration Process” was amended. The following rules in Chapter Env-Hw 600 were readopted with amendments:

Env-Hw 601.01 Applicability.

Env-Hw 602.01 Transporter Registration Requirements.

Env-Hw 603.01 Packaging, Labeling, and Placarding.

Env-Hw 604.01 General Manifest Requirements.

Env-Hw 606.01 Requirements for Delivery.

Env-Hw 607.01 Recordkeeping.

Env-Hw 608.03 Waiver of Manifest, Permit, and Registration Requirements for

Emergency Response.

Document #12922 repealed the following rules in Chapter Env-Hw 600:

Env-Hw 604.02 Changes to Manifests.

Env-Hw 604.03 Rail and Water Shipments.

Env-Hw 604.04 International Shipments.

Env-Hw 606.02 Inability to Deliver.

Env-Hw 607.03 Rail and Water Shipments.

Env-Hw 607.04 Export Shipments.

Env-Hw 607.05 Retention of Records During Enforcement Actions.

PART Env-Hw 601 APPLICABILITY AND EXEMPTIONS

Env-Hw 601.01 Applicability.

(a) This chapter shall apply to all persons transporting hazardous wastes within or through New Hampshire, including hazardous waste destined for recycling, and to all persons transporting hazardous waste that is being imported from or exported to any other country for purposes of recovery or disposal.

(b) A transporter also shall comply with:

(1) Generator requirements of Env-Hw 500, if the transporter:

a. Transports hazardous waste into the United States from abroad; or

b. Mixes hazardous wastes of different US DOT shipping descriptions by placing them into a single container;

(2) Transfer facility requirements of Env-Hw 300 and Env-Hw 700, if the transporter operates a transfer facility as defined in Env-Hw 104;

(3) Storage facility requirements of Env-Hw 300, Env-Hw 700, and Env-Hw 1200, if the transporter stores hazardous waste in excess of 10 days;

(4) Applicable rules adopted by the New Hampshire department of safety; and

(5) Applicable requirements of 40 CFR 262 Subpart H, including, but not limited to, requirements for movement documents for importing and exporting hazardous waste.

(c) This chapter shall apply to the transportation of military munitions classified as solid waste under 40 CFR 266.202 only to the extent specified in 40 CFR 266.203.

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 601.02 Exemptions.

(a) This chapter shall not apply to the onsite transportation of hazardous wastes by generators or by owners or operators of permitted hazardous waste facilities.

(b) This chapter shall not apply to a very small quantity generator that self-transports 55 gallons or less of its own hazardous waste in accordance with Env-Hw 508.02(h).

(c) This chapter shall not apply to government entities that accumulate household hazardous waste and transport this waste in accordance with Env-Hw 501.02(b).

(d) This chapter shall not apply to universal waste handlers and universal waste transporters transporting universal waste, provided that the waste is managed in accordance with Env-Hw 1100.

(e) This chapter shall not apply to transportation during an explosives or munitions emergency response conducted 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.

(f) This chapter shall not apply to 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, that self-transports hazardous waste pharmaceuticals as specified in Env-Hw 508.02(i).

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 602 TRANSPORTER REGISTRATION AND NOTIFICATION

Env-Hw 602.01 Transporter Registration Requirements. No person shall transport hazardous waste into or within the state of New Hampshire without having a transporter registration issued by the department in accordance with Env-Hw 609.

Env-Hw 602.02 Notification; EPA Identification Number.

(a) A hazardous waste transporter who operates from a New Hampshire location shall notify the department prior to conducting any hazardous waste activities covered under the hazardous waste rules.

(b) Subject to (c), below, a transporter that has not previously notified the department shall do so within 30 days of the effective date of any statutory or regulatory amendments that require the transporter to be registered as a New Hampshire hazardous waste transporter.

(d) A transporter shall not transport hazardous wastes without having received an EPA identification number from the department, another state, or EPA.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.01) (See Revision Note at part heading for Env-Hw 603)

Env-Hw 602.03 Notification Requirements.

(a) The notification required by Env-Hw 602.02 shall be given 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) A transporter shall notify the department in writing of any changes to the information submitted pursuant to (a), above, within 30 days of such a change.

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.02) (See Revision Note at part heading for Env-Hw 603); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 602.04 Notification Determination.

(a) If the department, upon examination of a notification submitted as specified in Env-Hw 602.03, determines that the transporter has not provided all of the information required by Env-Hw 602.03, the department shall notify the transporter in writing of each deficiency.

(b) The transporter shall, no later than 30 days from receipt of the notice of deficiency, explain or correct the alleged deficiency.

(c) If the transporter does not respond within 30 days, the transporter shall submit a new notification prior to engaging in any regulated hazardous waste activities.

(d) If a transporter's notification is deemed complete, the department shall assign an EPA identification number to the transporter.

PART Env-Hw 603 REQUIREMENTS FOR SAFETY AND FOR IDENTIFYING WASTES AND VEHICLES

REVISION NOTE:

Document #12348, effective 8-14-17, readopted, readopted with amendments, or repealed all of the rules in Chapter Env-Hw 600. Document #12347 replaced all prior filings for hazardous waste rules formerly in Chapter Env-Hw 600.

Document #12348 made extensive changes to the existing rules in the former Part Env-Hw 603. These included the amendment of paragraphs (a) and (b) in Env-Hw 603.04 titled “EPA Identification Number” and insertion, respectively, as paragraph (d) in Env-Hw 602.02 titled “Notification; EPA Identification Number” and paragraph (d) in Env-Hw 602.04 titled “Notification Determination”. The former Env-Hw 603.07 titled “Department of Safety Rules” was repealed and inserted as subparagraph (b)(4) in Env-Hw 601.01 titled “Applicability.” Document #12348 also extensively renumbered rules in the former Part Env-Hw 603, including renumbering of certain rules from Env-Hw 603 as rules in Env-Hw 602. The former rule numbers are indicated in the source notes for rules in Env-Hw 602 and Env-Hw 603.

The filings for the former rules Env-Hw 603.04 and Env-Hw 603.07 prior to Document #12348 include the following documents:

#5053, eff 1-24-91

#5886, eff 8-26-94

#7333, eff 8-1-00

#9215, INTERIM, eff 8-1-08

#9367, eff 1-28-09

See the Revision Note #1 at the chapter heading for Env-Hw 600 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 600 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 #12348, effective 8-14-17.

Env-Hw 603.01 Packaging, Labeling, and Placarding.

(a) A transporter shall package and label all hazardous waste before and during shipment in accordance with (c) and (d), below, and the requirements for hazardous materials transportation in Saf-C 600.

(b) A transporter shall comply with the packaging standards in Saf-C 600 if:

(1) A hazardous waste is removed from its container and placed in another container; or

(2) Additional hazardous waste is added to a container.

(c) Prior to and during transportation, the transporter shall ensure that each container is labeled and clearly marked with:

(1) The words “Hazardous Waste”;

(2) All applicable EPA and NH hazardous waste numbers; and

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

(d) If a label is destroyed or mutilated, if hazardous waste is removed from its container, or if additional compatible hazardous waste is added to a container, the transporter shall remove or obliterate all previous labels and, as appropriate:

(1) Replace the label with a duplicate label; or

(2) Attach a label stating information pertaining to the hazardous waste now contained in that container.

(e) A transporter shall placard each vehicle with an appropriate warning of the hazardous waste contained therein as set forth in Saf-C 600.

(f) A tank, barrel, drum, or other packaging of hazardous waste that is not a part of a vehicle shall be secured against movement within the vehicle on which it is being transported.

(g) A transporter shall ensure that all containers of hazardous waste are sealed prior to and during transport.

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.05) (See Revision Note at part heading for Env-Hw 603); ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 603.02 Vehicle Identification.

(a) A transporter shall display the following on both sides of each power or waste carrying unit used to transport hazardous waste:

(1) The name of the transporter’s company, corporation, association, or proprietorship;

(2) The city and state where the transporter’s business office is located; and

(3) The transporter’s registration number.

(b) The information required by (a), above, shall be in lettering that:

(1) Is permanent and legible; and

(2) Contrasts with the background.

(d) When a vessel or vehicle that has been registered and marked changes ownership, the registrant shall permanently remove the name and transporter registration number from both sides of all power and waste carrying units being transferred prior to or upon transfer.

Env-Hw 603.03 Security.

(a) A transporter shall secure all loads of hazardous waste when left unattended so as to minimize access by unauthorized individuals.

(b) Vehicles on which the cargo carrying portion can be closed and locked shall be closed and locked whenever the vehicle is left unattended.

Env-Hw 603.04 Personnel Training. A transporter shall comply with the training requirements specified in 49 CFR Part 172 Subpart H.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.09) (See Revision Note at part heading for Env-Hw 603)

Env-Hw 603.05 Contingency Plan and Emergency Procedures.

(a) A transporter shall maintain a written current contingency plan and emergency procedures, as specified in (b), below.

(b) The contingency plan and emergency procedures shall include the following information:

(1) A brief description of the actions the transporter will take in the event of a fire, explosion, or discharge of hazardous waste to the air, soil, or surface water;

(2) Names and emergency telephone numbers of all persons employed by the transporter who are qualified to act as emergency coordinator;

(3) Telephone number of the department’s emergency response team, as listed in Appendix E, Monday through Friday, 8:00 a.m. to 4:00 p.m.; and

(4) Telephone number of the New Hampshire state police headquarters communications unit, as listed in Appendix E, 24 hours per day.

Source. #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.10) (See Revision Note at part heading for Env-Hw 603); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

Env-Hw 603.06 Preparedness and Prevention. A transporter shall:

(a) Comply with the preparedness and prevention requirements specified in 40 CFR Part 265 Subpart C if hazardous waste is stored in New Hampshire by the transporter for more than 24 hours; and

(b) Notify local emergency officials that hazardous waste is being stored in New Hampshire for greater than 24 hours.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.11) (See Revision Note at part heading for Env-Hw 603)

Env-Hw 603.07 Financial Responsibility. A transporter shall meet the financial responsibility requirements of 49 CFR 387.9.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 603.12) (See Revision Note at part heading for Env-Hw 603)

Env-Hw 603.08 Vehicle and Vessel Requirements. A transporter shall carry in each vehicle and with each vessel:

(a) A copy of the transporter’s valid registration or registration confirmation letter, which shall be displayed and surrendered for examination upon request of any peace officer or department official or employee;

(b) A copy of the contingency plan and emergency procedures specified in Env-Hw 603.05; and

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17 (formerly Env-Hw 609.06) (See Revision Note at part heading for Env-Hw 603)

PART Env-Hw 604 MANIFESTS

Env-Hw 604.01 General Manifest Requirements.

(a) Except as provided in Env-Hw 510.01(b) and subject to (c) and (d), below, a transporter shall comply with the manifest requirements of 40 CFR 263.20(a) through (g).

(b) A transporter shall verify that the generator EPA identification number on the manifest is valid for the transportation of the hazardous waste listed on the manifest.

(c) When transporting hazardous waste as authorized by Env-Hw 510.01(b), a transporter 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) The export requirements of 40 CFR 263.20(a)(2) shall not apply to NH-only wastes.

(e) Electronic manifest signatures shall meet the criteria described in 40 CFR 263.25.

(f) If a transporter makes a post-receipt manifest data correction pursuant to 40 CFR 263.20(a)(9) that pertains to a shipment that was accompanied by a paper manifest or a manifest that was printed for the generator’s signature, the transporter shall notify the generator of the correction.

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

PART Env-Hw 605 RECEIPT OF LIQUID HAZARDOUS WASTE

Env-Hw 605.01 Requirements for Receipt of Liquid Hazardous Waste. Notwithstanding any other requirements of this chapter, when liquid hazardous waste is transferred to a tank on a transport vehicle, the transporter shall:

(a) Measure, by metering, sticking, or weighing, the amount of liquid hazardous waste collected and transferred to the tank; and

(b) Record the amount of hazardous waste measured on the accompanying manifest.

PART Env-Hw 606 DELIVERY

Env-Hw 606.01 Requirements for Delivery. A transporter shall comply with 40 CFR 263.21 with regard to compliance with the manifest.

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; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

PART Env-Hw 607 RECORDKEEPING AND REPORTING

Env-Hw 607.01 Recordkeeping.

(a) A transporter shall comply with the recordkeeping requirements of 40 CFR 263.22.

(b) Manifests may be retained on electronic media if available during inspection by the department.

Env-Hw 607.02 Annual Reporting for Transporting Used Oil. A registered transporter that transports used oil pursuant to Env-Hw 1407 shall meet the annual reporting requirements of Env-Hw 1407.08 for the used oil transportation activities.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6385-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 608 EMERGENCY ACTION/REMEDIAL ACTION

Env-Hw 608.01 Immediate Discharge Response Actions.

(a) 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 transporter shall report the discharge:

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

(2) To local emergency officials and to:

a. The department’s emergency response team at the telephone number listed in Appendix E, Monday through Friday, 8:00 a.m. to 4:00 p.m.; or

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

(b) A transporter who has discharged hazardous waste also shall comply with all other applicable requirements of 40 CFR 263.30(c) or (d), including providing any required reports and notifications.

Env-Hw 608.02 Discharge Cleanup.

(a) A transporter shall immediately contain and clean up, within 24 hours, any discharge of hazardous waste or material that when discharged becomes a hazardous waste, if that discharge occurs while the hazardous waste or material is under the control of the transporter.

(b) All recovered hazardous waste, contaminated soil or surface water, and any other materials that result from a discharge of hazardous waste or material shall be managed in accordance with Env-Hw 500 and Env-Or 600.

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

Env-Hw 608.03 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).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17; ss by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600); ss by #14281, eff 8-1-25, EXPIRES: 8-1-35

PART Env-Hw 609 REGISTRATION OF HAZARDOUS WASTE TRANSPORTERS

Env-Hw 609.01 Registration Process.

(a) An applicant for a transporter registration shall provide the following information on a “Hazardous Waste Transporter Annual Registration Form” obtained from the department:

(1) The name, mailing address, and telephone number of the transporter;

(2) The name, title, and, if available, email address of the contact person;

(3) The transporter’s US DOT motor carrier census number or the interstate commerce commission number, and the transporter's EPA identification number;

(4) Subject to (b), below, the transporter’s U.S. Research and Special Programs Administration “(RSPA)” registration number, if applicable; and

(5) A statement signed by the transporter certifying, as specified in Env-Hw 207, that the transporter:

a. Complies with the financial responsibility requirements of 49 CFR 387.9; and

b. Has not demonstrated cause for suspension, revocation, refusal to renew, or denial of registration as specified in Env-Hw 610.02 or 610.03, as applicable.

(b) In lieu of (a)(4), above, a transporter may provide the hazardous materials registration number as assigned by the Pipelines and Hazardous Materials Safety Administration of the US DOT.

(c) A transporter seeking to renew a transporter registration shall submit the application on or before May 15 of the year for which registration is sought.

(d) If a registration application is incomplete, the department shall return the application to the applicant and notify the applicant in writing of each deficiency.

(e) Except as provided in Env-Hw 609.05, the department shall issue a transporter registration or a registration confirmation letter if a transporter has met the requirements of (a) through (c), above.

(f) A transporter shall provide, upon request of the department, the following:

(1) The name, address, EPA identification number, and phone number of the transporter's principal place of business and any regional offices, if applicable;

(2) The names, addresses, titles, and dates of birth of all corporate officers and all stockholders owning greater than 10% of the transporter's outstanding shares or debt equity;

(3) The names of all individuals or business firms that contract to perform part or all of the transportation of hazardous waste under the transporter's registration;

(4) For all transportation services provided to New Hampshire customers in any requested time period in the previous 3 years, a summary report on a searchable electronic document or other machine readable file that includes, but is not limited to, the following information for each shipment of hazardous waste regulated under the hazardous waste rules:

a. Generator name, site address, city, zip code, and EPA identification number, if applicable, regardless of generator classification;

b. Manifest tracking number;

c. Each transporter EPA identification number and state identification number;

d. Designated facility EPA identification number, site address, city, state, zip code;

e. For each waste stream, number and type of containers, total quantity, unit of measure, all applicable EPA and NH hazardous waste numbers, and management method code;

f. Generator certification date, transporter signature date, continuing transporter signature date as applicable, and designated facility signature date;

g. Special handling instructions; and

h. Discrepancy indication.

(5) A description of the transporter's introductory and continuing personnel training programs as required by 49 CFR 172 Subpart H;

(6) A contingency plan and emergency procedures plan as required by Env-Hw 603.05;

(7) A copy of the certificate of insurance or other proof of financial responsibility as required by (a)(5), above;

(8) A list of currently valid hazardous waste transporter permits or registrations from other states, including the state, expiration date, and the years held;

(9) Copies of any letters of commendation received by the transporter;

(10) A list of any other names under which the company has been known or done business within the past 5 years;

(11) Copies of any notices of violation, administrative orders, notices of suspension or denial, and civil or criminal actions completed or pending from or before state or federal agencies;

(12) A list of any pending suits, including any civil suits in which the company is presently involved as a plaintiff or defendant;

(13) A list of any environmental permits held by the transporter that have been revoked or suspended;

(14) Information regarding any convictions or pleas of guilty or no contest to a felony committed by the transporter or, in the case of a corporation or business entity, of any of its officers, directors, partners, or persons or business entities holding 10 percent or more of its equity or debt liability who has pled guilty or no contest to a felony in any state or federal court during the 5 years before the date of the registration by the transporter; and

(15) A signed statement certifying, as specified in Env-Hw 207, the information provided in (1) through (14).

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17; amd by #12922, eff 11-23-19 (See Revision Note #2 at chapter heading for Env-Hw 600)

Env-Hw 609.02 Transporter Registration.

(a) A transporter registration shall:

(1) Not be transferable; and

(2) Expire on the date specified on the registration.

(b) Upon a change in ownership or operational control of a transporter, the transporter registration shall not be transferred to the entity or individual gaining ownership or operational control.

(c) For purposes of (b), above, the following events shall constitute a change in ownership or operational control, as applicable:

(1) For a partnership, a change in the majority 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.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Env-Hw 609.03 Registration Modification. A transporter shall notify the department by providing updated information in writing within 15 days of any of the following:

(a) A name change for the transporter;

(b) A change in physical location or mailing address of the transporter;

(d) A change in telephone number of the transporter; and

(e) A change in the EPA identification number of the transporter.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Env-Hw 609.04 Registration Suspension and Revocation.

(a) The department shall suspend, revoke, or refuse to renew a transporter’s registration if the transporter does not demonstrate reliability, expertise, integrity and competence as specified in Env-Hw 610.02.

(b) Within 30 days of receiving a notice of the department's intent to suspend or revoke a transporter’s registration, the person identified on the registration may request an oral hearing before the department. The oral hearing shall be conducted as an adjudicative proceeding in accordance with the applicable provisions of RSA 541-A and Env-C 200.

(c) Within 30 days of receipt of a notice of decision by the hearing officer regarding the suspension or revocation of the transporter’s registration, the transporter may appeal the decision to the waste management council as specified in RSA 21-O:14.

(d) Within 5 days of suspension or revocation, the transporter shall return all original copies of the registration confirmation letter to the department.

(e) Within 15 days of suspension or revocation, the transporter shall:

(1) Notify all New Hampshire customers served during the prior year that it is not authorized to transport hazardous waste; and

(2) Publish a notice of suspension or revocation, as applicable, in a newspaper with statewide circulation.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17

Env-Hw 609.05 Registration Denial.

(a) If an applicant or registrant meets any of the criteria in RSA 147-A:6, V(d), Env-Hw 610.02, or Env-Hw 610.03, the department shall deny registration.

(b) If the applicant or registrant wishes to appeal a denial of registration, the appeal shall be filed with the waste management council as specified in RSA 21-O:14.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

PART Env-Hw 610 STANDARDS FOR HAZARDOUS WASTE TRANSPORTERS AND APPLICANTS FOR TRANSPORTER REGISTRATION

Env-Hw 610.01 Background Investigations. The department shall conduct a background investigation of a registrant or applicant to determine whether the registrant or applicant has sufficient reliability, expertise, integrity, and competence to transport hazardous waste in and through New Hampshire.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #12348, eff 8-14-17

Env-Hw 610.02 Registrant Integrity and Competence. The department shall suspend, revoke, or refuse to renew a transporter registration if the registrant does not have sufficient reliability, expertise, integrity, and competence to transport hazardous waste, as demonstrated by any of the following:

(a) The registrant transported hazardous waste without possessing a transporter registration that was current and in good standing;

(b) The registrant fails to demonstrate compliance with the financial responsibility requirements of 49 CFR 387.9;

(d) The registrant’s activities covered by the registration present an immediate and substantial threat to human health or the environment;

(e) The registrant failed to comply with an order issued by the department or by any state relative to hazardous waste transportation, including an order to undertake corrective measures, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(f) The registrant failed to comply with an order issued by the department or by any state relative to a violation of any other statute administered by the department or by any state, unless the registrant is complying with the order in accordance with a compliance schedule and is current with all items;

(g) The registrant owes any administrative fines to the department or to any state, unless the fines are being paid in accordance with a payment schedule and the registrant is current with all payments;

(h) The registrant owes any fees to the department or to any state, unless the fees are being paid in accordance with a payment schedule and the registrant is current with all payments;

(i) The registrant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the penalties are being paid in accordance with a payment schedule and the registrant is current with all payments;

(j) The registrant failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statue or rule implemented by the department or by any state, unless the registrant is complying in accordance with a compliance schedule and is current with all items; or

(k) Within 5 years of the renewal registration application date, the registrant has been the subject of 2 or more administrative or civil enforcement actions or one criminal enforcement action, that have not been overturned on appeal, for any violation of:

(1) Any registration or permit issued by the department or by any state; or

(2) Any statute or rule implemented by the department or by any state.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Env-Hw 610.03 Applicant Integrity and Competence. The department shall deny a transporter registration if the applicant does not have sufficient reliability, expertise, integrity, and competence to transport hazardous waste, as demonstrated by any of the following:

(a) The applicant transported hazardous waste without possessing a transporter registration that was current and in good standing;

(b) The applicant fails to demonstrate compliance with the financial responsibility requirements of 49 CFR 387.9;

(c) The applicant failed to comply with an order issued by the department or by any state relative to hazardous waste transportation, including an order to undertake corrective measures, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items;

(d) The applicant failed to comply with an order issued by the department or by any state relative to a violation of any other statute administered by the department or any state, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items;

(e) The applicant owes any administrative fines to the department or to any state, unless the fines are being paid in accordance with a payment schedule and the applicant is current with all payments;

(f) The applicant owes any fees to the department or to any state, unless the fees are being paid in accordance with a payment schedule and the applicant is current with all payments;

(g) The applicant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the penalties are being paid in accordance with a payment schedule and the applicant is current with all payments;

(h) The applicant failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by the department or by any state, unless the applicant is complying with the order in accordance with a compliance schedule and is current with all items; or

(i) Within 5 years of the application date, the applicant has been the subject of 2 or more administrative or civil enforcement actions or one criminal enforcement action, that have not been overturned on appeal, for any violation of:

(1) Any registration or permit issued by the department or by any state; or

(2) Any statute or rule implemented by the department or by any state.

Source. #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 600) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12348, eff 8-14-17

Appendix A: State Statutes, Federal Regulations Implemented

Rule Section(s)	State Statute(s)	Federal Regulation(s)
Env-Hw 600	RSA 147-A:3, IV-VIII; RSA 147-A:6	40 CFR 261; 40 CFR 263
Env-Hw 601	RSA 147-A:3, XXV; RSA 147-A:6	40 CFR 263.10
Env-Hw 602	RSA 147-A:3, VIII; RSA 147-A:6	40 CFR 263.11
Env-Hw 603	RSA 147-A:3, IV	40 CFR 263.10
Env-Hw 604	RSA 147-A:3, V	40 CFR 263 Subpart B
Env-Hw 605	RSA 147-A:3, IV
Env-Hw 606	RSA 147-A:3, IV and V	40 CFR 263 Subpart B
Env-Hw 607	RSA 147-A:3, VI	40 CFR 263 Subpart B
Env-Hw 608	RSA 147-A:3, VII and XXV	40 CFR 263 Subpart C
Env-Hw 609	RSA 147-A:3, VIII and IX; RSA 147-A:6
Env-Hw 610	RSA 147-A:3, IX; RSA 147-A:6

Appendix B: Incorporation by Reference Information

[None in this Chapter]

Appendix C: State Statutory Definitions

RSA 147-A:2

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RSA 147-B:2

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

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

Appendix D: Federal Definitions and Regulations

40 CFR 260.4

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

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

(2) Sign and date the facility certification;

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

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

40 CFR 260.5

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

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

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

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

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

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

40 CFR 260.10

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Incompatible waste means a hazardous waste which is unsuitable for:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

40 CFR 261.1(c)(3)

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

40 CFR 261.1(c)(6)

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

40 CFR 261.1(c)(9)

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

40 CFR 261.1(c)(10)

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

40 CFR 261.1(c)(11)

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

40 CFR 261.1(c)(12)

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

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

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

40 CFR 262.81

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

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

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

40 CFR 266.500

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

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

Healthcare facility means any person that is lawfully authorized to—

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

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

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

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

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

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

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

(2) Undispensed; and

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

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

40 CFR 268.2(c)

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

40 CFR 270.2

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

40 CFR 273.2(c)(2)

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

40 CFR 273.3(c)(1)

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

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

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

40 CFR 273.3(c)(2)

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

40 CFR 273.4(c)(2)

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

40 CFR 273.5(c)(2)

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

40 CFR 273.6(c)(2)

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

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

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

40 CFR 273.33(c)(2)

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

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

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

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

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

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

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

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

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

40 CFR 279.1

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

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

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

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

40 CFR 279.22(b)(1)

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

Appendix E: Emergency Telephone Numbers

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