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

      1. a. At the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs; and
      2. 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. (2) The person shall determine whether the waste is exempt from regulation under Env-Hw 401.03;
   3. (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. (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:

      1. 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

      2. 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. 1. Information about chemical feedstocks and other inputs to the production process;
         2. 2. Information about products, by-products, and intermediates produced by the manufacturing process;
         3. 3. Chemical or physical characterization of wastes;
         4. 4. Information on the chemical or physical properties of the chemicals used or produced by the process or otherwise contained in the waste;
         5. 5. Subject to (b), below, testing that illustrates the properties of the waste; and
         6. 6. Other reliable and relevant information about the properties of the waste or its constituents.
2. (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.
3. (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.

4. (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. (1) The results of any tests, sampling, waste analyses, or other determinations made in accordance with this section;
   2. (2) Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;
   3. (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. (4) Records that explain the knowledge basis for the generator’s determination, as described (a)(3) and (a)(4)b., above.
5. (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.
6. (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