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

   1. (1) The entities identified in Env-Hw 303.02(a);

   2. (2) The owner or operator of a solid waste facility, as defined in RSA 149-M:4, IX and permitted by the department pursuant to RSA 149-M to manage non-hazardous solid waste, provided that:

      1. a. The facility does not accept hazardous waste for transfer, treatment, storage, or disposal and does not transfer, treat, store, or dispose of hazardous waste; and
      2. b. If the facility recovers energy from the combustion of solid waste from any source other than a household, it does not combust any hazardous waste, including but not limited to ash and baghouse filters, generated outside of, removed from, or stored at the facility;
   3. (3) The owner or operator of an elementary neutralization unit or wastewater treatment unit that meets the requirements of Env-Hw 304.04;

   4. (4) A New Hampshire registered transporter that stores manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 for a period of less than 10 days, provided that:

      1. a. The wastes are en route to the facility designated on the manifest; and
      2. b. Wastes are not transferred or removed from the vehicle;
   5. (5) The owner or operator of a facility managing recyclable materials described in Env-Hw 401.03(b)(34) – (36), Env-Hw 804.02, and Env-Hw 1402.01(b), except to the extent that Env-Hw 700 requirements are referred to in Env-Hw 804 through Env-Hw 809 and Env-Hw 1400; and
   6. (6) Subject to (c), below, a person engaged in treatment or containment activities during immediate response to the situations described in Env-Hw 303.02(c).
2. (b) Env-Hw 705.01(b)(1) through (3), (b)(6) through (10), and (c), Env-Hw 705.02, Env-Hw 705.03, Env-Hw 707.03(a)(2) and (10), and Env-Hw 708.02(a)(2) shall not apply to transfer facilities.

3. (c) In the case of treatment or containment activities during immediate response to a situation specified in (a)(6), above:

   1. (1) A facility owner and operator shall comply with Env-Hw 708.02(a)(9) and Env-Hw 708.02(a)(10), except that the owner and operator of an existing facility shall comply with 40 CFR 265.54 instead of 40 CFR 264.54;
   2. (2) A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over shall be subject to Env-Hw 300 and this chapter; and
   3. (3) In the case of an explosives or munitions emergency response, including emergencies involving military munitions, the requirements of 40 CFR 264.1(g)(8)(iv) and 40 CFR 265.1(c)(11)(iv) shall apply.

4. (d) Env-Hw 703 and Env-Hw 704 shall not apply to owners and operators of:

   1. (1) Onsite facilities that do not receive any hazardous waste from offsite sources; or
   2. (2) Offsite facilities with respect to waste military munitions that are exempt from manifest requirements under 40 CFR 266.203(a).

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; amd by #7578, eff 10-13-01; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note #1 at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09; ss by #12349, eff 8-14-17; ss by #13406, eff 7-23-22; ss by #14281, eff 8-1-25, EXPIRES: 8-1-35