Section Env-Hw 303.02 - Exemptions(a) The operator of a transfer facility shall be exempt from the prohibitions of Env-Hw 304.09(d) and (e) (6).(b) A generator managing hazardous waste in accordance with Env-Hw 500 shall be exempt from facility permit requirements.(c) The operator of a facility that meets the requirements of Env-Hw 701.02(a)(6), (a) (8), and (a)(9) shall be exempt from facility permit requirements.(d) A farmer who disposes of hazardous waste pesticides from the farmer's own use in accordance with Env-Hw 501.02(a) shall be exempt from facility permit requirements.(e) A generator who has obtained a storage permit only for hazardous waste generated on site shall be exempt from any siting requirements of Env-Hw 304.09 that are more stringent than federal requirements, provided that all hazardous waste is stored in an enclosed area.(f) An applicant for a transfer facility permit who provides technical documentation to demonstrate the facility meets the following conditions shall be exempt from Env-Hw 304.11(a)(8): (1) The facility is operated so that all waste handling occurs in an enclosed building with an impervious floor designed in accordance with the criteria specified in 40 CFR Part 264, Subpart I and Subpart J;(2) No hazardous waste containers, tanks, and transport vehicles are located or stored at any time outside of the transfer facility building; and(3) The location of the transfer facility does not contravene the siting requirements of Env-Hw 304.09.(g) A generator who receives small quantity generator waste in accordance with Env-Hw 501.02(c) shall be exempt from facility permitting requirements.(h) A government entity that sponsors a household hazardous waste collection project that receives hazardous waste from small quantity generators shall be exempt from facility permitting requirements, provided that the hazardous waste is: (1) Manifested in accordance with Env-Hw 510;(2) Received only during a one-day household hazardous waste collection event; and(3) Given directly by the small quantity generator to a New Hampshire registered hazardous waste transporter during a one-day collection event.(i) Env-Hw 304 shall not apply to universal waste handlers and universal waste transporters handling universal waste, provided the waste is managed in accordance with Env-Hw 1100.(j) A government entity that receives household hazardous waste from another government entity shall be exempt from facility permitting requirements provided it ships the household hazardous waste off site within 90 days after receipt.(k) Subject to (l), below, and for the duration of the emergency response only, a person shall not be required to obtain a permit for treatment or containment activities taken during immediate response to any of the following situations: (1) An unplanned discharge of a hazardous waste;(2) An imminent and substantial threat of a discharge of hazardous waste;(3) A discharge of a material that, when discharged, becomes a hazardous waste; or(4) An immediate threat to human health, public safety, property, or the environment from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosives or munitions emergency response specialist.(l) In the case of (k), above:(1) A person who continues or initiates hazardous waste treatment or containment activities after the emergency response is over shall be subject to all applicable permitting requirements for those activities; and(2) In the case of emergency responses involving military munitions, the requirements of 40 CFR 270.1(c)(3)(iii) shall apply.(m) The owner and operator of a totally enclosed treatment facility as defined in Env-Hw 104 shall be exempt from the facility permit requirements of Env-Hw 304.N.H. Code Admin. R. Env-Hw 303.02
(See Revision Note at chapter heading for Env-Hw 300) #9362, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12345, Effective 8/14/2017, Expires 8/14/2027.