N.H. Code Admin. R. Env-Hw 406.03

Current through Register No. 25, June 20, 2024

Section Env-Hw 406.03 - Review of Petition for Delisting

(a) Subject to Env-Hw 406.04 through Env-Hw 406.07, below, the department shall grant a delisting if:

(1) The petition includes all of the information in Env-Hw 406.02;

(2) The requirements in (b), below, are met; and

(3) None of the circumstances in (c), below, exist.

(b) To support a delisting, the petition shall demonstrate the following:

(1) The waste produced by a particular generating facility fails to meet any of the criteria under which the waste was listed as a hazardous waste;

(2) Based on the factors set forth in 40 CFR 261.11(a)(3), the waste is not capable of posing a significant present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise mismanaged;

(3) The waste for which delisting is requested is not ignitable, corrosive, reactive, or toxic, as described in Env-Hw 403;

(4) The waste does not contain any of the hazardous waste constituents listed in Appendix VIII of 40 CFR 261, using the appropriate test methods prescribed in 40 CFR 261 Appendix I, or although containing one or more of the constituents in Appendix VII or Appendix VIII, that the waste does not meet the criteria of Env-Hw 405.02(b);

(5) The waste does not meet the criteria of 40 CFR 261.11(a)(2); and

(6) All test methods and procedures are in conformance with the procedures, methods, and requirements referenced in Env-Hw 406.02(b) through (d) and in 40 CFR 260.11 and 40 CFR Part 261, or with any other method approved by EPA prior to filing a petition for delisting.

(c) The department shall not grant a delisting if:

(1) A 40 CFR Part 261 Appendix VIII toxicant is:

a. Used as a raw material or intermediate;

b. Used in the process as a catalyst, reactant, inhibitor, binder, or enhancer; or

c. Produced as a by-product or product;

(2) Analytical data presented in the petition discloses that hazardous levels of toxicants are contained in the waste;

(3) Process chemistry of reactions conducted at the facility indicates the formation of toxic by-product contaminants;

(4) Industry study data shows presence of other toxic constituents;

(5) Other data collected through review of scientific, toxicological, and industrial literature or operational data collected by the department during an inspection indicates the presence of additional hazardous constituents;

(6) The petitioner has a history of non-compliance; or

(7) Other information brought to the department's attention by any person or agency demonstrates that delisting would not be sufficiently protective of human health, safety, or the environment.

N.H. Code Admin. R. Env-Hw 406.03

#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.