Section Env-Hw 401.01 - Purpose and Applicability(a) The purpose of this chapter is to identify those wastes that are subject to regulation as hazardous wastes.(b) Unless a waste is exempt from regulation pursuant to Env-Hw 401.03, it shall be a hazardous waste when any of the following events occur: (1) In the case of a waste listed in Env-Hw 402, when the waste first meets the listing description set forth in Env-Hw 402;(2) In the case of a mixture of any waste or material with one or more hazardous wastes listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a), when the listed hazardous waste is first added to the mixture; and(3) In the case of any waste or a mixture of any waste or material with any waste exhibiting a hazardous waste characteristic identified in Env-Hw 403, when the waste or mixture exhibits any of the characteristics identified in Env-Hw 403 or by the department in accordance with Env-Hw 405.03, except as provided in (d), below.(c) A hazardous waste shall remain a hazardous waste unless and until it meets all of the following criteria: (1) Subject to (f), below, the waste does not exhibit any of the characteristics of hazardous waste identified in Env-Hw 403;(2) If the waste is a federally listed waste identified in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a), or a waste that contains or is derived from any of those federally listed wastes, the EPA has excluded the waste in accordance with 40 CFR 260.20 and 40 CFR 260.22 and the department has delisted the waste pursuant to Env-Hw 406; and(3) If the waste is a New Hampshire-listed waste identified in Env-Hw 402.04(d), Env-Hw 402.05(d), Env-Hw 402.06(c) or Env-Hw 402.07(b), the department has delisted the waste pursuant to Env-Hw 406.(d) Subject to (e), below, any mixture resulting from the combination of a waste that is exempt pursuant to Env-Hw 401.03(b)(7) and any other non-exempt waste exhibiting a characteristic of hazardous waste pursuant to Env-Hw 403 shall be a hazardous waste if:(1) The mixture exhibits a characteristic that would not have been exhibited by the exempt waste alone if mixing had not occurred; or(2) The mixture continues to exhibit any characteristic that was exhibited by the non-exempt waste prior to being mixed with the exempt waste.(e) For purposes of applying the toxicity characteristic to the mixture described in (d), above, the mixture shall be a hazardous waste if:(1) The mixture exceeds the maximum concentration for any contaminant identified in Env-Hw 403.06(d) that would not have been exceeded by the exempt waste alone if mixing had not occurred; or(2) The mixture continues to exceed the maximum concentration for any contaminant exceeded by the non-exempt waste prior to being mixed with the exempt waste.(f) A waste that exhibits a characteristic of hazardous waste at the point of generation and that is not exempt pursuant to Env-Hw 401.03 shall be subject to the requirements of Env-Hw 1200, even if it no longer exhibits a characteristic at the point of land disposal.N.H. Code Admin. R. Env-Hw 401.01
#5886, eff 8-26-94; ss by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 400) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12346, Effective 8/14/2017, Expires 8/14/2027.