N.H. Code Admin. R. Env-Hw 1202.02

Current through Register No. 25, June 20, 2024

Section Env-Hw 1202.02 - Amendments, Exceptions, and Modifications to Incorporated Federal Requirements

The following amendments, exceptions, and modifications shall apply to the incorporated requirements:

(a) Delete the following provisions of 40 CFR 268, which are administered and enforced by EPA, not by the department:

(1)40 CFR 268.5, 268.6, 268.42(b) and 268.44(a) through (g), relative to case-by-case extensions, exemptions, alternative treatment methods, and variances;

(2) "Effective dates" referenced within 40 CFR 268.20 through 40 CFR 268.50 that are earlier than August 14, 2017; and

(3) "Effective dates" listed within Appendices VII and VIII that are earlier than August 14, 2017;

(b) Delete the following provisions of 40 CFR 268, because Env-Hw 701.03(a) prohibits the use of underground injection wells as a means of disposal of hazardous waste within the state:

(1) All of 40 CFR 268.1(c)(3);

(2) In 40 CFR 268.7(a)(7), the phrase "or are managed in an underground injection well regulated by the SDWA";

(3) In 40 CFR 268.37(a), the phrase "or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),";

(4) All of 40 CFR 268.37(b);

(5) In 40 CFR 268.38(a), the phrase "or that are injected in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),";

(6) In 40 CFR 268.38(b) and 40 CFR 268.39(b), the phrase "or that inject in Class I deep wells regulated under the Safe Drinking Water Act (SDWA),";

(7) In 40 CFR 268.40(e), the phrase "or that is injected into a Class I nonhazardous deep injection well,"; and

(8) In 40 CFR 268.40 /Table "Treatment Standards for Hazardous Wastes", footnote 9;

(c) Amend 40 CFR 268.1(e)(1) by replacing "very small quantity generators, as defined in §260.10 of this chapter" with "small quantity generators, as defined in Env-Hw 104";

(d) Amend 40 CFR 268.1(f) to read as follows: "Universal waste handlers and universal waste transporters who manage universal waste in compliance with Env-Hw 1100 are exempt from the requirements of 40 CFR 268.7 and 268.50.";

(e) Amend 40 CFR 268.3(a) by adding the following: "Any deliberate mixing of one or more prohibited hazardous wastes with debris that changes its treatment classification from waste to debris or hazardous debris shall be prohibited.";

(f) Delete 40 CFR 268.3(b), regarding exceptions to the dilution prohibition;

(g) Amend 40 CFR 268.7(a)(5) by replacing "40 CFR 262.15, 262.16, and 262.17" with "Env-Hw 500";

(h) Amend 40 CFR 268.7(a)(8) by changing the last sentence to read as follows: "The requirements of this paragraph apply to wastes even when the hazardous characteristic is removed prior to disposal or when the waste is exempt from regulation subsequent to the point of generation.";

(i) Amend 40 CFR 268.7(a)(9)(iii) by replacing "D001-D043" with "D001-D008 and D010-D043";

(j) Delete 40 CFR 268.7(a)(10), regarding the exemption for tolling agreements;

(k) Amend 40 CFR 268.50(a)(1) by replacing "§§262.16 and 262.17 and parts 264 and 265 of this chapter" with "Env-Hw 500 and Env-Hw 700"; and

(l) Delete 40 CFR 268.50(g), regarding hazardous remediation wastes stored in a staging pile.

N.H. Code Admin. R. Env-Hw 1202.02

Derived From Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12354, Effective 8/14/2017, Expires 8/14/2027.

Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032