N.H. Code Admin. R. Env-Hw 803.03

Current through Register No. 25, June 20, 2024

Section Env-Hw 803.03 - Materials That Are Wastes When Recycled

(a) A material shall be a waste when it is recycled, or accumulated, stored, or treated before recycling, if it is:

(1) Used in a manner constituting disposal such that it is:

a. Applied to or placed on the land either without mixing or after mixing with any other substances, such as is prohibited by Env-Hw 805.02; or

b. Used to produce products that are applied to or placed on the land or is otherwise contained in products that are applied to or placed on the land, in which case the product itself shall remain a waste, unless it is a commercial chemical product listed in Env-Hw 402.04 or Env-Hw 402.05 being applied to the land in its ordinary manner of use;

(2) Subject to (c), below, burned for energy recovery such that it is:

a. Burned to recover energy; or

b. Used to produce a fuel or is otherwise contained in fuels, in which case the fuel itself shall remain a waste;

(3) Reclaimed, except those recycled materials identified in Env-Hw 803.04(b); or

(4) Accumulated speculatively, as determined in Env-Hw 811, except for the recycled materials identified in Env-Hw 803.04(c).

(b) The following recycled materials shall be wastes, even if the recycling involves use, reuse, or return to the original process, as specified in Env-Hw 803.04(a):

(1) Materials used in a manner constituting disposal, or used to produce products that are applied to the land;

(2) Materials burned for energy recovery, used to produce a fuel, or contained in fuels;

(3) Materials accumulated speculatively;

(4) Inherently waste-like material as defined in Env-Hw 103; or

(5) Materials classified by the commissioner or designee as inherently waste-like using the following criteria:

a. The materials are ordinarily disposed of, burned, or incinerated, or the materials contain toxic constituents listed in 40 CFR 261 Appendix VIII, and these constituents are not ordinarily found in raw materials or products for which the materials substitute, or are found in raw materials or products in smaller concentrations, and are not used or reused during the recycling process; and

b. The materials pose a hazard to human health and the environment when recycled.

(c) Notwithstanding (a)(2), above, a commercial chemical product is not a waste if it is itself a fuel.

N.H. Code Admin. R. Env-Hw 803.03

#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; 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 800) ss by #9367, eff 1-28-09

Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.