N.H. Admin. Code § Env-Hw 509.02

Current through Register No. 36, September 5, 2024

Section Env-Hw 509.02 - Full Quantity Generator Accumulation Requirements

(a) Full quantity generators shall comply with the following standards:

(1)40 CFR 265.15, general inspection requirements;

(2) Subject to (g) through (i), below, 40 CFR 265.16, personnel training;

(3)40 CFR 265.17, general requirements for ignitable, reactive, or incompatible wastes;

(4) Subject to (j) and (k), below, 40 CFR 265, Subpart C, preparedness and prevention;

(5)40 CFR 265, Subpart D, contingency plan and emergency procedures;

(6)40 CFR 265, Subpart I, use and management of containers;

(7)40 CFR 265, Subpart J, tanks, except 40 CFR 265.197(c) and 40 CFR 265.200;

(8)40 CFR 265, Subpart W, drip pads; and

(9)40 CFR 265, Subpart DD, containment buildings.

(b) A full quantity generator shall post a list of the steps to take if an emergency occurs and the following information at the nearest telephone to each central accumulation area:

(1) The names and emergency telephone numbers of the emergency coordinators;

(2) The telephone numbers of the:

a. Fire department;

b. Police department;

c. Hospital(s);

d. State emergency response team at the telephone numbers listed in Appendix E;

e. The generator's emergency response contractor(s), if applicable; and

f. The generator's in-house emergency response team, if applicable; and

(3) The location of fire extinguishers and spill control material, and, if present, fire and internal emergency alarms.

(c) A full quantity generator shall provide the following security measures at all outdoor central accumulation areas:

(1) An artificial or natural barrier, such as a fence in good repair, that completely surrounds the central accumulation area to prevent the unauthorized or unknowing entry of individuals or livestock;

(2) A means to control entry, at all times, through gates or other entrances to the central accumulation area such as an attendant, television monitor, locked entrance, or controlled roadway access to the area; and

(3) A sign stating "Danger - Unauthorized Personnel Keep Out" at each entrance to the central accumulation area. Existing signs with other than the aforementioned words may be used if the sign clearly indicates that only authorized personnel are allowed to enter the area and that entry can be dangerous.

(d) A full quantity generator shall clearly label or mark containers and tanks used for the accumulation of hazardous wastes with the following information at the time they are first used to accumulate wastes:

(1) The beginning accumulation date;

(2) The words "hazardous waste";

(3) Words that identify the contents; and

(4) All applicable EPA and NH hazardous waste numbers.

(e) A full quantity generator shall not be required to obtain a storage permit to use a drip pad to accumulate and convey hazardous wood preserving wastes that are generated on site provided that:

(1) The wastes are shipped off site within 90 days of the date when accumulation of the waste first began, unless the generator requests and the department grants an extension of the 90-day period as provided in Env-Hw 507.03(e) through (g); and

(2) The generator maintains the following records at the facility:

a. A written description of procedures the generator will follow to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and

b. Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.

(f) A full quantity generator shall not be required to obtain a storage permit to accumulate, in a containment building, hazardous waste that is generated on site provided that:

(1) Prior to operation of the containment building, the generator obtains a professional certification from a licensed NH professional engineer that the building is constructed in accordance with the design standards specified in 40 CFR 265.1101 and is fit to operate as intended;

(2) The generator maintains the professional engineer certification described in (f)(1), above, in the generator's operating record;

(3) The waste is shipped off site within 90 days of the date the accumulation begins, unless the generator requests and the department grants an extension of the 90-day period as provided in Env-Hw 507.03(e) through (g); and

(4) The generator maintains the following records at the facility:

a. All of the following:

1. A written description of procedures the generator will follow to ensure that each waste volume remains in the unit for no more than 90 days;

2. A written description of the facility's waste generation and management practices showing that they are consistent with meeting the 90-day accumulation limit; and

3. Documentation that the procedures are complied with; or

b. Documentation that the containment building is emptied at least once every 90 days.

(g) As incorporated by reference in (a)(2), above, and used in 40 CFR 265.16(a)(2), "a person trained in hazardous waste management procedures" means:

(1) An outside hazardous waste management trainer;

(2) An in-house employee who has completed a hazardous waste management course or who provides documentation to demonstrate his or her own capabilities as in-house trainer; or

(3) A trainer who teaches a basic course or module offered by the department pursuant to Env-Hw 515.

(h) As incorporated by reference in (a)(2), above, and used in 40 CFR 265.16(c), "an annual review of the initial training" means review training that is received each year no more than 90 days prior to and no more than 90 days after the anniversary date of the initial training, such that training is received every 12 months on average, subject to (i), below.

(i) Provided that an annual review of initial training meets the requirements of 40 CFR 265.16(c), if such review training is received more than 90 days prior to the anniversary date of the initial training, the anniversary date for purposes of future compliance with paragraph (h), above, shall be the date on which such review training is received.

(j) As incorporated by reference in (a)(4), above, and used in 40 CFR Part 265.35 , "required aisle space" means not less than 2 feet to allow for inspection of at least one side of each container.

(k) As incorporated by reference in (a)(4), above, and used in 40 CFR Part 265.32 , "required equipment" means the equipment required at each central accumulation area, not more than 100 feet from each area and accessible along a path unobstructed by any obstacles other than doors, which shall be unlocked at all times.

(l) A full quantity generator who receives hazardous waste from a small quantity generator pursuant to Env-Hw 501.02(c)(1) shall:

(1) Maintain the following records for each shipment received:

a. The name, site address, and contact information for the small quantity generator;

b. A description of the waste received, including the quantity; and

c. The date of receipt;

(2) Manage the hazardous waste in accordance with the requirements of Env-Hw 509.01; and

(3) Label or mark containers and tanks storing wastes received from small quantity generators:

a. With an indication of the hazards of the contents, as specified in Env-Hw 501.02(c)(1)b.;

b. For purposes of Env-Hw 509.02(d)(1), with:

1. The date the hazardous waste was received from the small quantity generator; or

2. The earliest date any hazardous waste in the container was accumulated on site, if the full quantity generator is consolidating incoming hazardous waste from a small quantity generator either with its own hazardous waste or with hazardous waste from other small quantity generators; and

c. In accordance with Env-Hw 509.02(d)(2) through (d) (4).

N.H. Admin. Code § Env-Hw 509.02

#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 500) ss by #9367, eff 1-28-09; amd by #10494, eff 1-1-14

Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10739, Effective 12/2/2014, Expires12/2/2024.

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