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:

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

   1. (1) Two hundred kilograms or 440 pounds of non-acutely hazardous waste;
   2. (2) One kilogram or 2.2 pounds of acutely hazardous waste; and
   3. (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;

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

   1. (1) Hazardous waste determination requirements in Env-Hw 502.01;
   2. (2) Accumulation requirements in Env-Hw 507.01;
   3. (3) Pre-transport requirements in Env-Hw 507.03; and
   4. (4) Emergency action, remedial action, and closure requirements in Env-Hw 513, as applicable;

3. (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. (1) Spill control equipment, such as absorbent powder, granules, pads, or rags; and
   2. (2) Fire control equipment, such as fire extinguishers;
4. (d) The very small quantity generator posts a warning sign near ignitable or reactive wastes, such as “No Smoking” or “Keep Fire Away”;

5. (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. (1) The words “hazardous waste”; and
   2. (2) Words that identify the contents;
6. (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;

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

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

      1. a. Sealed;
      2. b. Compatible with the waste; and

      3. c. Labeled or marked:

         1. 1. In accordance with Env-Hw 508.02 or Env-Hw 508.03, as applicable; and
         2. 2. With an indication of the hazards of the contents, if transported to a facility identified in (h)(4)a., below;
   2. (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. (3) Has a mechanism for financial responsibility in not less than the following amounts:

      1. a. For bodily injury or death of each person in any one accident, $50,000; and
      2. b. For loss or damage in any one accident to the property of others, $50,000; and

   4. (4) Self-transports the waste to:

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

         1. 1. If located in New Hampshire:
9. (i) Has notified the department of this activity in accordance with Env-Hw 504;
10. (ii) Counts the waste received toward its generator status in accordance with Env-Hw 503; and
11. (iii) Is a small or large quantity generator; and
12. 2. If not in New Hampshire, is located in a state that has adopted rules for consolidation of very small quantity generator wastes;

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

    1. 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. 2. The waste is given directly to a New Hampshire registered hazardous waste transporter during the collection event; and
    3. 3. Permission is obtained in advance from the entity sponsoring the collection event; or

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

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

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

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

       3. (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. (1) Signs:

             1. a. Item 18c of the manifest, if the transporter returned the shipment using the original manifest; or
             2. b. Item 20 of the manifest, if the transporter returned the shipment using a new manifest; and
          2. (2) Manages the waste or residues in accordance with this section or Env-Hw 508.03, as applicable; and
       4. (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