Section Env-Hw 405.02 - Criteria for Listing a Hazardous Waste(a) The department shall list a waste as a New Hampshire acutely hazardous waste in Env-Hw 402.04(d) only upon determining that the waste meets one of the following criteria: (1) It has been found to be fatal to humans in low doses;(2) In the absence of data on human toxicity, it has been shown in studies to have: a. An oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram;b. An inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter; orc. A dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram; or(3) Is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness.(b) The department shall list a waste as a New Hampshire toxic hazardous waste in Env-Hw 402.05(d) if the waste contains any of the toxic constituents listed in 40 CFR 261 Appendix VIII and, after considering the following factors, the department concludes that the waste could pose a substantial hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed: (1) The nature of the toxicity presented by the constituent;(2) The concentration of the constituent in the waste;(3) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in (b)(7), below;(4) The persistence of the constituent or any toxic degradation product of the constituent;(5) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation;(6) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;(7) The plausible types of improper management to which the waste could be subjected;(8) The quantities of the waste generated at individual generation sites or on a regional or national basis;(9) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;(10) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and(11) Such other factors relevant to the determination as brought to the department's attention by any person or agency.(c) The department shall list classes or types of waste as hazardous waste if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in RSA 147-A:2, VII.N.H. Code Admin. R. Env-Hw 405.02
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #7207-B, eff 2-26-00; 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.