Section Env-Hw 406.02 - Requirements for a Delisting Petition(a) To request a delisting, the petitioner shall provide the following information to the department:(1) The petitioner's name and address;(2) The location of the facility generating the waste for which the delisting is requested, along with a plot plan identifying the facility and surrounding properties located within 1,000 feet of the facility;(3) A statement of the delisting action requested;(4) A statement of the petitioner's interest in the delisting action requested;(5) A statement of the petitioner's need and justification for the delisting action requested;(6) A description of the waste for which the delisting is requested including a statement as to which category of waste in Env-Hw 402.01 it may be classified;(7) An estimate of the average and the maximum quantities of the waste for which the delisting is requested generated monthly and annually;(8) A description and flow diagram of the process generating the waste for which delisting is requested;(9) A list, description, and schematic diagram for each process that may contribute waste, wastewater, or rinse water to the waste for which delisting is requested;(10) A complete list of all raw materials, and, where known, intermediates, by-products, and products used in the manufacturing process grouped by sub-process;(11) Copies of manufacturer's material safety data sheets and supplier's technical specification sheets for all materials including but not limited to solvents, acid cleaners, surface preparation agents, and paints used in the petitioner's manufacturing processes;(12) An assessment of whether the manufacturing processes, facility operations, or feed materials can or might produce a waste that is not covered by the petition;(13) A description of all tests performed on the waste for which delisting is requested and copies of all analytical results;(14) A description of the methodologies and equipment used to obtain representative samples of the waste;(15) A description of sample handling and preparation techniques, including those for extraction, containerization, and preservation of samples;(16) Sampling and testing dates;(17) The name and address of laboratory facilities sampling or testing the wastes for which delisting is requested;(18) The names and qualifications of those doing the sampling and/or testing of the waste for which delisting is requested;(19) The names, model numbers, year of manufacture, and last date of calibration of all instruments used in performing the tests referred to in (a)(13), above; and(20) A plan for treatment, storage, or disposal of the delisted waste if delisting of the waste is to be permitted by the department.(b) The petitioner shall: (1) Collect a sufficient number of representative samples, but in no case fewer than 4, over a period of time sufficient to represent the variability and the uniformity of the waste;(2) Provide a signed statement certifying, as specified in Env-Hw 207, that the number of samples collected and analyzed is representative of any variation in constituent concentrations in the waste over time; and(3) A statement, signed by the generator of the waste or the generator's authorized representative, certifying, as specified in Env-Hw 207, the information submitted in accordance with (a), above.(c) If hazardous waste constituents listed in Table 4.9 of Env-Hw 403, other than those for which delisting is requested, might be present in the waste stream, the petitioner shall:(1) Analyze the representative samples of the waste stream to quantify all hazardous waste constituents in the waste stream; and(2) Submit a description and the results of all analyses performed to the department.(d) The petitioner shall perform the following tests on representative samples of the waste and include the analytical results of such tests with the petition: (1) Total organic carbon and report results on the representative samples using Method 415.1 - Total Organic Carbon (Combustion or Oxidation) of Methods for Chemical Analysis of Water and Wastes as printed by the U.S. Environmental Protection Agency, March 1979, available as noted in Appendix B;(2) For wastes containing or generated by processes using cyanide: a. If a liquid waste, total and free cyanide or cyanide amenable to chlorination using method 9010C in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B;b. If a solid or semi-solid waste, a cyanide extraction procedure from EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B, to determine the total soluble and insoluble cyanide; andc. If the cyanide tests run in a. and b., above, indicate that there is an interference in the waste producing non-representative concentrations, then a detailed explanation of this interference shall be submitted;(3) If an organic waste, the total quantities of all hazardous constituents using methods 8260 and 8270 in EPA publication SW-846, as specified in Env-Hw 104 and available as noted in Appendix B; and(4) If a reactive waste, representative waste samples shall be tested using the Department of the Army's Detonation Test, Ignition and Unconfined Burning Test, Thermal Stability Test, Card Gap Test, and Impact Sensitivity Test as set forth in Department of Army publication number TB700-2, available as noted in Appendix B.N.H. Code Admin. R. Env-Hw 406.02
#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.