Section Env-Hw 701.02 - Exemptions(a) This chapter shall not apply to: (1) A full quantity generator who accumulates hazardous waste on-site for 90 days or less, except as provided in Env-Hw 507.03 and Env-Hw 509.03, and who does not dispose of hazardous waste on-site;(2) A small quantity generator who accumulates waste in accordance with Env-Hw 507.03 and Env-Hw 508;(3) The owner or operator of a solid waste facility, as defined in RSA 149-M:4, IX and permitted by the department pursuant to RSA 149-M to manage non-hazardous solid waste, provided that:a. The facility does not accept hazardous waste for transfer, treatment, storage, or disposal and does not transfer, treat, store, or dispose of hazardous waste; andb. If the facility recovers energy from the combustion of solid waste from any source other than a household, it does not combust any hazardous waste, including but not limited to ash and baghouse filters, produced from the operation of the facility;(4) The owner or operator of an elementary neutralization unit or wastewater treatment unit that meets the requirements of Env-Hw 304.04;(5) A New Hampshire registered transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of 40 CFR 262.30 for a period of less than 10 days, provided that:a. The wastes are en route to the facility designated on the manifest; andb. Wastes are not transferred or removed from the vehicle;(6) The owner or operator of a facility managing recyclable materials described in Env-Hw 401.03(b)(36) - (40) and Env-Hw 804.02 except to the extent that Env-Hw 700 requirements are referred to in Env-Hw 804 through Env-Hw 809;(7) A farmer who disposes of hazardous waste pesticide residues from the farmer's own use, provided the farmer triple rinses each emptied pesticide container in accordance with Env-Hw 401.03(d)(3), and disposes of the pesticide residues on the farmer's own farm in a manner consistent with the disposal instructions on the pesticide label;(8) Subject to (c), below, a person engaged in treatment or containment activities during immediate response to: a. A discharge of hazardous waste;b. An imminent and substantial threat of a discharge of hazardous waste;c. A discharge of a material that, when discharged, becomes a hazardous waste; ord. An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist;(9) The addition of absorbent to waste in a container provided that the absorbent does not change the chemical properties of the waste and the requirements of 40 CFR 264.1(g)(10) are met;(10) A full quantity generator who receives small quantity generator waste in accordance with Env-Hw 501.02(c)(1);(11) A household hazardous waste collection project that receives hazardous waste from small quantity generators, provided that:a. The project is a one-day household hazardous waste collection event;b. The waste is accompanied by a manifest in accordance with Env-Hw 510; andc. The small quantity generator gives the waste directly to a New Hampshire registered hazardous waste transporter during the one-day collection event;(12) A government entity that receives household hazardous waste from another government entity provided the receiving entity manages the waste in accordance with the applicable generator requirements of Env-Hw 500 and ships the waste off-site within 90 days after receipt;(13) A universal waste handler or a universal waste transporter who handles universal waste, provided that the waste is managed in accordance with Env-Hw 1100;(14) The owner or operator of a totally enclosed treatment facility as defined in Env-Hw 104; and(15) A reverse distributor who accumulates potentially creditable hazardous waste pharmaceuticals and evaluated hazardous waste pharmaceuticals in compliance with Env-Hw 1300.(b)Env-Hw 705.01(b)(1) through (3), (b) (6) through (10), and (c), Env-Hw 705.02, Env-Hw 705.03, Env-Hw 707.03(a)(2) and (10), and Env-Hw 708.02(a)(2) shall not apply to transfer facilities.(c) In the case of treatment or containment activities during immediate response to a situation specified in (a)(8), above: (1) A facility owner and operator shall comply with Env-Hw 708.02(a)(9) and Env-Hw 708.02(a)(10), except that the owner and operator of an existing facility shall comply with 40 CFR 265.54 instead of 40 CFR 264.54;(2) A person who continues or initiates hazardous waste treatment or containment activities after the immediate response is over shall be subject to Env-Hw 300 and this chapter; and(3) In the case of an explosives or munitions emergency response, including emergencies involving military munitions, the requirements of 40 CFR 264.1(g)(8)(iv), 40 CFR 265.1(c)(11)(iv), and 40 CFR 270.1(c)(3)(iii) shall apply.(d) Env-Hw 703 and Env-Hw 704 shall not apply to owners and operators of: (1) On-site facilities that do not receive any hazardous waste from off-site sources; or(2) Off-site facilities with respect to waste military munitions that are exempt from manifest requirements under 40 CFR 266.203(a).N.H. Code Admin. R. Env-Hw 701.02
#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; amd by #7578, eff 10-13-01; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 8-1-08; (See Revision Note at chapter heading for Env-Hw 700) ss by #9367, eff 1-28-09
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12349, Effective 8/14/2017, Expires 8/14/2027.Amended by Volume XLII Number 32, Filed August 11, 2022, Proposed by #13406, Effective 7/23/2022, Expires 7/23/2032