Section Env-Hw 503.03 - Classification Calculation(a) In determining the quantity of hazardous waste generated, a generator may exclude: (1) Hazardous waste that is exempt from the hazardous waste rules pursuant to Env-Hw 401.03;(2) Subject to (b), below, hazardous waste that is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in Env-Hw 103 or Env-Hw 104, as applicable;(3) Subject to (c), below, hazardous waste that is recycled on-site by a process regulated under Env-Hw 804.01(b)(4), without prior storage or accumulation;(4) Used oil, as defined in Env-Hw 104, that is recycled in accordance with Env-Hw 807;(5) Spent lead acid batteries managed in accordance with Env-Hw 809;(6) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was counted once;(7) Hazardous waste produced by on-site treatment, including reclamation, of a hazardous waste, so long as the hazardous waste that is treated was counted once;(8) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once;(9) Universal waste managed in accordance with Env-Hw 1100;(10) The weight of a container or inner liner from a container of hazardous waste, including a container or inner liner that is not deemed empty as specified in Env-Hw 401.03(d), provided that: a. The weight of the hazardous waste, including any residue remaining in a non-empty container or inner liner, is counted; andb. The non-empty container and inner liner are managed as hazardous waste; and(11) A hazardous waste pharmaceutical that is: a. Subject to or managed in accordance with Env-Hw 1300; orb. Regulated as a United States drug enforcement administration controlled substance and is conditionally exempt pursuant to 40 CFR 266.506, as amended by Env-Hw 1302.02(g).(b) For purposes of (a)(2), above, "managed immediately upon generation" means that treatment begins within 24 hours after the hazardous waste is generated and: (1) Treatment is conducted in the tank, tank system, or container in which the hazardous waste was generated;(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the treatment unit without intermediate accumulation of the hazardous waste; or(3) The hazardous waste is transferred directly from the container in which it was generated into the treatment unit without intermediate accumulation of the hazardous waste.(c) For purposes of (a)(3), above, "without prior storage or accumulation" means that the recycling process begins within 24 hours after the hazardous waste is generated and: (1) The recycling process is conducted in the tank, tank system, or container in which the hazardous waste was generated;(2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the recycling unit without intermediate accumulation of the hazardous waste; or(3) The hazardous waste is transferred directly from the container in which it was generated into the recycling unit without intermediate accumulation of the hazardous waste.(d) Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027, listed in Env-Hw 402.06, shall be counted as acutely hazardous wastes when calculating generator classification.N.H. Admin. Code § Env-Hw 503.03
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12347, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XXXIX Number 50, Filed December 12, 2019, Proposed by #12922, Effective 11/23/2019, Expires 11/23/2029.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032