Section Env-Hw 402.03 - Lists of Hazardous Wastes(a) The materials or items specified in Env-Hw 402 shall be considered hazardous wastes: (1) When they are discarded or intended to be discarded as defined in Env-Hw 103;(2) When they are mixed with discarded oil or used oil or other material and applied to the land for dust suppression or road treatment;(3) When they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use; or(4) When, in lieu of their original intended use, they are produced for use as a fuel, or as a component of a fuel, distributed for use as a fuel, or burned as a fuel.(b) For the purposes of dust suppression and road treatment, "discarded oil" means virgin oil that has been discarded prior to being used.(c) For the purposes of the lists of hazardous waste in Env-Hw 402.04 and Env-Hw 402.05, the phrase "commercial chemical product or manufacturing chemical intermediate, having the generic name listed in . . .'' shall refer to a chemical substance that is manufactured or formulated for commercial or manufacturing use that consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. The phrase shall not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in Env-Hw 402.04 or Env-Hw 402.05.(d) When a material, such as a manufacturing process waste, is deemed to be a hazardous waste because it contains a substance listed in Env-Hw 402.04 or Env-Hw 402.05, such waste shall be listed in either Env-Hw 402.06 or Env-Hw 402.07 or shall be identified as a hazardous waste by the characteristics set forth in Env-Hw 403.N.H. Admin. Code § Env-Hw 402.03
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; 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.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032