(a) A waste-derived product which meets a published standard shall be deemed certified for distribution and use for the purpose prescribed in the published standard, provided that:
- (1) The standard shall be published by an agency or organization having no direct sales interest in the product, as identified in (b) below; and
(2) Production, distribution, and use of the waste-derived product for the intended purpose shall not:
- a. Cause a violation of the universal environmental performance standards specified in Env-Sw 1002; or
- b. Pose a greater risk to the environment, public health, and safety than is posed by a comparable existing non-waste-derived alternative product or, if no such comparable product exists, by disposing of the waste of origin in accordance with the solid waste rules.
- (b) The published standards referenced in (a) above shall include standards published by New Hampshire and federal agencies which establish standards for the procurement or distribution of goods for public use or consumption, including departments overseeing transportation, environmental protection, health and welfare, agriculture, education, and defense.
(c) The subject waste-derived products shall include:
- (1) Coal-fired electric power plant fly ash used as a lightweight aggregate in concrete masonry units meeting the “Standard Specification for Lightweight Aggregates for Concrete (ASTM C-331/C331M-10)” last updated on July 31, 2023, and copyrighted by ASTM International, available as noted in Appendix B; and
- (2) Processed glass aggregate for roadway construction meeting a published state or federal highway construction standard.
Source. #6619-B, eff 10-29-97; amd by #6894-B, eff 12-1-98; (See Revision Note at chapter heading for Env-Sw 1500); ss by #8459, eff 10-28-05 (formerly Env-Wm 3203.07); ss by #10599, eff 7-1-14; ss by #14067, eff 9-3-24