In lieu of complying with the conditions for exemption in Env-Hw 509.02, and except as otherwise required below, a small or large quantity generator may accumulate up to the quantity of hazardous waste specified in (a), below, in containers at or near any point of generation where the wastes initially accumulate 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 that all of the following conditions for exemption are met:

1. (a) The quantity of hazardous waste accumulated does not exceed:

   1. (1) Fifty-five gallons of non-acutely hazardous waste; or

   2. (2) Either:

      1. a. One quart of liquid acutely hazardous waste; or
      2. b. One kilogram, equivalent to 2.2 pounds, of solid acutely hazardous waste;
2. (b) The hazardous waste containers are under the control of the operator of the process generating the waste;
3. (c) The operator of the process generating the hazardous waste has been trained as specified in Env-Hw 509.02(a)(6), except that, in lieu of the annual training requirements specified, the training interval shall be 3 years;

4. (d) The generator meets the accumulation requirements of Env-Hw 507.01, except that containers shall not be required to be closed under the following circumstances:

   1. (1) When adding, removing, or consolidating wastes; or

   2. (2) When temporary venting of a container is necessary:

      1. a. For the proper operation of equipment; or
      2. b. To prevent dangerous situations, such as build-up of extreme pressure;
5. (e) The generator manages incompatible wastes pursuant to Env-Hw 509.02(a)(1)d.;

6. (f) At the time the containers are first used to accumulate wastes, the generator clearly labels or marks hazardous waste containers with:

   1. (1) The words “hazardous waste”;
   2. (2) Words that identify the contents; and
   3. (3) An indication of the hazards of the contents;
7. (g) For satellite accumulation areas that have accumulated greater than 10 gallons of hazardous waste, in lieu of the weekly inspections required by Env-Hw 509.02(a)(1)b., the generator inspects the containers at least monthly for leaks and for deterioration caused by corrosion and other factors;

8. (h) When the amount of hazardous waste in a satellite accumulation area reaches the accumulation limit specified in this section, the generator:

   1. (1) Immediately labels or marks the hazardous waste containers with the following:

      1. a. The date the accumulation limit was reached; and
      2. b. All applicable EPA and NH hazardous waste numbers; and

   2. (2) Within 3 days of reaching the accumulation limit:

      1. a. Ships all the hazardous waste from the satellite accumulation area to an offsite designated facility; or
      2. b. Moves all the hazardous waste from the satellite accumulation area to a designated central accumulation area operated in accordance with the applicable requirements of Env-Hw 509.02(a) and ships the hazardous waste offsite within 90 days of the date the accumulation limit was reached; and
9. (i) The generator meets the standards for preparedness, prevention, and emergency procedures in Env-Hw 509.02(a)(5).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by #7578, eff 10-13-01; ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35