1. (a) This chapter shall not apply to:

   1. (1) A generator that accumulates hazardous waste onsite in compliance with all of the conditions for exemption provided in Env-Hw 508.02, Env-Hw 508.03, Env-Hw 509.02, Env-Hw 509.03, and Env-Hw 513, as applicable;
   2. (2) A farmer who disposes of hazardous waste pesticides from the farmer’s own use in accordance with Env-Hw 501.02(a);
   3. (3) The owner and operator of a totally enclosed treatment facility as defined in Env-Hw 104;

   4. (4) Persons adding absorbent material to waste in a container and persons adding waste to absorbent material in a container, provided that:

      1. a. These actions occur at the time waste is first placed in the container;
      2. b. The addition does not change the chemical properties of the waste; and
      3. c. The requirements of 40 CFR 264.17(b), 40 CFR 264.171, and 40 CFR 264.172 are met;
   5. (5) A universal waste handler or universal waste transporter handling universal waste, provided the waste is managed in accordance with Env-Hw 1100;
   6. (6) A reverse distributor that accumulates potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in accordance with Env-Hw 1300;

   7. (7) The owner or operator of a household hazardous waste collection project that receives hazardous waste from a very small quantity generator, provided the hazardous waste is:

      1. a. Manifested in accordance with Env-Hw 510;
      2. b. Received only during a one-day household hazardous waste collection event; and
      3. c. Given directly by the very small quantity generator to a New Hampshire registered hazardous waste transporter during a one-day collection event; and
   8. (8) A government entity that receives household hazardous waste from another government entity provided the receiving entity manages the household hazardous waste in accordance with the applicable generator requirements of Env-Hw 500 and ships the household hazardous waste off site within 90 days after receipt.
2. (b) The operator of a transfer facility shall be exempt from the prohibitions of Env-Hw 304.09(d) and (e)(6).

3. (c) Subject to (d), below, and for the duration of the emergency response only, a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to any of the following situations:

   1. (1) A discharge of a hazardous waste;
   2. (2) An imminent and substantial threat of a discharge of hazardous waste;
   3. (3) A discharge of a material that, when discharged, becomes a hazardous waste; or
   4. (4) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosives or munitions emergency response specialist.

4. (d) In the case of (c), above:

   1. (1) A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over shall be subject to all applicable permitting requirements for those activities; and
   2. (2) In the case of emergency responses involving military munitions, the requirements of 40 CFR 270.1(c)(3)(iii) shall apply.
5. (e) A generator that has obtained a standard permit only for storage of hazardous waste generated on site shall be exempt from any siting requirements of Env-Hw 304.09 that are more stringent than federal requirements, provided that all hazardous waste is stored in an enclosed area.

6. (f) An applicant for a transfer facility permit shall be exempt from Env-Hw 304.11(a)(8) if the applicant provides technical documentation to demonstrate the facility meets the following conditions:

   1. (1) The facility is operated so that all waste handling occurs in an enclosed building with an impervious floor designed in accordance with the criteria specified in 40 CFR 264.175 and 264.193, as applicable;
   2. (2) No hazardous waste containers, tanks, and transport vehicles are located or stored at any time outside of the transfer facility building; and
   3. (3) The location of the transfer facility does not contravene the siting requirements of Env-Hw 304.09.

Source. (See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09; ss by #12345, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14279, eff 8-1-25, EXPIRES: 8-1-35