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:

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

      1. a. Complies with the accumulation requirements of Env-Hw 507.01;
      2. b. Inspects central accumulation areas at least weekly to look for leaking containers and for deterioration of containers;

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

         1. 1. Add before each instance of “large quantity generator” the following words: “small or”; and
         2. 2. Add after ““No Smoking”” the following “, “Keep Fire Away”, or similar”;
      4. d. Complies with the requirements for accumulation of incompatible wastes in 40 CFR 262.17(a)(1)(vii); and

      5. 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. 1. The words “hazardous waste”;
         2. 2. Words that identify the contents;
         3. 3. Except as specified in Env-Hw 507.03(e), all applicable EPA and NH hazardous waste numbers;
         4. 4. An indication of the hazards of the contents; and
         5. 5. The date upon which each period of accumulation begins;

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

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

         1. 1. Except 40 CFR 265.197(c), 40 CFR 265.200, and 40 CFR 265.202; and
         2. 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;

      2. b. Marks or labels each tank with:

         1. 1. The words “hazardous waste”;
         2. 2. Words that identify the contents;
         3. 3. All applicable EPA and NH hazardous waste numbers; and
         4. 4. An indication of the hazards of the contents; and
      3. 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. (3) If hazardous wood preserving wastes are placed on drip pads, the small or large quantity generator:

      1. a. Complies with 40 CFR 265 Subpart W;

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

         1. 1. A central accumulation area subject to the 90-day accumulation limit in (a), above; or
         2. 2. A satellite accumulation area subject to Env-Hw 509.03; and

      3. c. Maintains the following records at the facility:

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

      1. a. Complies with 40 CFR 265 Subpart DD;

      2. 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. 1. The words “hazardous waste”;
         2. 2. Words that identify the contents;
         3. 3. All applicable EPA and NH hazardous waste numbers; and
         4. 4. An indication of the hazards of the contents;
      3. 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

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

         1. 1. All of the following:

            1. (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;
            2. (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
            3. (iii) Documentation that the procedures are complied with; or
         2. 2. Documentation that the containment building is emptied at least once every 90 days;

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

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

      2. 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:

      3. (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;
      4. (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
      5. (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.

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

   2. (2) The telephone numbers of the:

      1. (i) Fire department;
      2. (ii) Police department;
      3. (iii) Hospital(s);
      4. (iv) State emergency response team at the telephone numbers listed in Appendix E;
      5. (v) The generator’s emergency response contractor(s), if applicable; and
      6. (vi) The generator’s in-house emergency response team, if applicable; and
   3. (3) The location of fire extinguishers and spill control equipment, and, if present, fire and internal emergency alarms.”;
   4. 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”;
   5. 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.”;

   6. e. Amend 40 CFR 262.262 as follows:

      1. 1. Amend 40 CFR 262.262(a) by adding after “revisions” the following: “to the department and”; and
      2. 2. Amend 40 CFR 262.262(b) by replacing “May 30, 2017” with “the 2025 effective date of this rule”; and

   7. f. Amend 40 CFR 262.265 as follows:

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

         1. (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
         2. (ii) The New Hampshire state police headquarters communications unit at the telephone number listed in Appendix E, 24 hours per day.”; and

         “(2) Notify local emergency officials and:

      3. 3. Amend 40 CFR 262.265(g) by:

         1. (i) Replacing “§ 261.3(c) or (d) of this chapter” with “Env-Hw 401.01(c) and Env-Hw 404.03”; and
         2. (ii) Replacing “parts 262, 263, and 265 of this chapter” with “Env-Hw 500 through Env-Hw 700”;

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

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

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

               1. 1. An outside hazardous waste management trainer;
               2. 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. 3. A trainer who teaches a basic course or module offered by the department pursuant to Env-Hw 515; and
            3. 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;
         4. (7) Complies with the land disposal restrictions in Env-Hw 1200, as applicable; and

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

            1. a. The date and time of the inspection;
            2. b. The name of the inspector;
            3. c. A notation of the observations made, including any leaks, malfunctions, or deterioration observed; and
            4. d. The date and nature of any repairs or other remedial actions taken;

            5. (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:

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

            6. (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. (1) Add before each instance of “large quantity generator” the following words: “small or”;
               2. (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. (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. (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. (5) Amend 40 CFR 262.17(c)(4)(ii) by replacing “paragraph (a)(8) of this section” with “Env-Hw 513.05”;

               6. (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. (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)”;

            7. (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:

               1. (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. (2) The department shall grant the requested extension if hazardous wastes will remain onsite due to unforeseen, temporary, and uncontrollable circumstances; and
               3. (3) An extension granted by the department shall be limited to 30 days;

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

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

                  1. a. The name, site address, and contact information for the very small quantity generator;
                  2. b. A description of the waste received, including the quantity; and
                  3. c. The date of receipt;
               5. (5) Complies with the biennial reporting requirements of Env-Hw 512.04; and

               6. (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:

                  1. a. The date the hazardous waste was received from the very small quantity generator; or
                  2. 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;

            9. (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. (1) Sign:

                  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) Manage the waste or residues in accordance with (a) and (b), above; and
            10. (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