The department shall issue an EQ certification to the applicant if it determines that the information submitted demonstrates that the solids:

1. (a) Are not a hazardous waste as defined in RSA 147-A:2, VII;
2. (b) Consistently meets the EQ pathogen and vector attraction requirements specified in the application;

3. (c) Do not exceed the following concentrations, expressed as the total concentration on a dry weight basis:

   1. (1) For arsenic, 11 mg/kg;
   2. (2) For cadmium, 14 mg/kg;
   3. (3) For chromium, 1000 mg/kg;
   4. (4) For copper, 1500 mg/kg;
   5. (5) For lead, 300 mg/kg;
   6. (6) For mercury, 7 mg/kg;
   7. (7) For molybdenum, 35 mg/kg;
   8. (8) For nickel, 200 mg/kg;
   9. (9) For selenium, 28 mg/kg;
   10. (10) For zinc, 2500 mg/kg;
   11. (11) For polychlorinated biphenyls (PCBs), 1.0 mg/kg; and
   12. (12) For dibenzodioxins and dibenzofurans, 27 ng/kg TEQ for all congeners determined by EPA Method 1613, available as noted in Appendix B, using the 1989 toxic equivalency factors;
4. (d) Is of sufficiently consistent quality such that for the constituents in (c), the mean concentration for data submitted under Env-Wq 1610.01(e) plus one standard deviation from the mean does not exceed 1.5 times the concentration specified in (c);
5. (e) Meets all applicable requirements of this chapter;

6. (f) Is of sufficiently consistent quality such that for the constituents in (c), above, the mean

   concentration for data submitted in accordance with Env-Wq 809.01(h) plus one standard deviation from the mean does not exceed the concentration specified in (c), above;

7. (g) Is not a threat to public health, safety, or the environment from other chemical contaminants when assessed according to risk methodologies described in the United States Environmental Protection Agency’s (US EPA’s) Soil Screening Guidance, EPA/540/R-96/018 dated April 1996, and the American Society for Testing and Materials E-1739-95, available as noted in Appendix B;
8. (h) If not generated in New Hampshire, meets the chemical standards of the state of origin for the equivalent category of septage solids; and
9. (i) If septage solids or mixtures of septage solids are to be certified for reclamation use, the material shall contain enteric virus concentrations of less than one plaque-forming unit per 4 grams of solid on a dry weight basis.

Source. (See Revision Note #1 and Revision Note #2 at chapter heading for Env-Wq 1600) #13944, eff 4-27-24