1. (a) “Hazardous waste fuel burner (HWF burner)” means an owner or operator of an industrial furnace or boiler identified in (g), below, that burns hazardous waste fuel.

2. (b) A HWF burner shall:

   1. (1) Notify the department of its hazardous waste fuel activities in accordance with Env-Hw 702; and

   2. (2) Comply with the following storage requirements:

      1. a. For accumulation for less than 90 days by generators who burn their hazardous waste fuel on site, the accumulation and storage requirements as set forth in Env-Hw 500; and
      2. b. For existing or new storage facilities, the applicable provisions of Env-Hw 300 and Env-Hw 700.
3. (c) A HWF burner shall notify the department of hazardous waste fuel activities even if the HWF burner has previously obtained an EPA identification number for other hazardous waste management activities.
4. (d) An owner or operator of a facility who intends to burn hazardous waste fuel shall obtain any required permits relating to control of air emissions from the department under RSA 125-C prior to burning such fuels.

5. (e) Before accepting the first shipment of hazardous waste fuel from a HWF marketer, the HWF burner shall provide the marketer a one-time written and signed notice certifying both pursuant to Env-Hw 207 and that:

   1. (1) The HWF burner has notified the department of the burner’s hazardous waste fuel activities; and
   2. (2) The HWF burner will burn the fuel only in a boiler or furnace as identified in (g), below.
6. (f) In addition to the applicable recordkeeping requirements of Env-Hw 500 and Env-Hw 700, a HWF burner shall keep, for 5 years from the date the burner last receives hazardous waste fuel from that marketer, a copy of each certification notice that the burner sends to a marketer.

7. (g) Hazardous waste fuel shall be burned for energy recovery in the following devices only:

   1. (1) Industrial furnaces as defined in Env-Hw 103; or

   2. (2) Boilers, as defined in Env-Hw 103, that are:

      1. a. Industrial boilers located on the site of a facility engaged in a manufacturing process where substances are transformed into new products, including the component parts of products, by mechanical or chemical processes; or
      2. b. Utility boilers used to produce electric power, steam, or heated or cooled air or other gases or fluids for sale.
8. (h) No fuel that contains any hazardous waste shall be burned in any cement kiln located within the boundaries of any incorporated municipality having a population greater than 500,000, based on the most recent federal census statistics, unless such kiln fully complies with Env-Hw 707.04(h) and Env-Hw 708.03(d)(7) as applicable to incinerators.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #12350, eff 8-14-17; ss by #14526, eff 2-28-26, EXPIRES: 2-28-36