Section Env-Hw 806.04 - Hazardous Waste Fuel Marketer Requirements(a) "Hazardous waste fuel marketer (HWF marketer)" means: (1) A generator who markets hazardous waste fuel directly to a burner;(2) A person who receives hazardous waste from generators and produces, processes, or blends hazardous waste fuel from the hazardous waste; and(3) A person who distributes but does not process or blend hazardous waste fuel.(b) A HWF marketer shall be subject to: (1) The notification requirements of Env-Hw 702;(2) The permitting requirements of Env-Hw 300, if applicable;(3) The accumulation and storage requirements set forth in Env-Hw 500 and Env-Hw 700; and(4) The requirements set forth in Env-Hw 500 when a HWF marketer initiates a shipment of hazardous waste fuel.(c) A HWF marketer shall notify the department of hazardous waste fuel activities even if the HWF marketer has previously obtained an EPA identification number for other hazardous waste management activities.(d) Before a HWF marketer initiates the first shipment of hazardous waste fuel to a burner or another HWF marketer, the HWF marketer shall obtain a one-time written and signed notice from the recipient certifying, as specified in Env-Hw 207, that: (1) The recipient of the fuel has notified the department to identify the recipient's hazardous waste fuel activities; and(2) If the recipient is a hazardous waste fuel burner, as defined in Env-Hw 806.05(a), the recipient will burn the hazardous waste fuel only in an industrial furnace or boiler identified in Env-Hw 806.05(g).(e) A person shall only market hazardous waste fuel:(1) To persons who have notified the department of their hazardous waste fuel activities and have an EPA identification number; and(2) If the fuel is burned, to persons who burn the fuel in boilers or industrial furnaces identified in Env-Hw 806.05(g).(f) Before accepting the first shipment of hazardous waste fuel from another HWF marketer, the receiving HWF marketer shall provide the shipping HWF marketer with a one-time written and signed statement certifying, as specified in Env-Hw 207, that the receiving HWF marketer has notified the department as specified in (b)(1) and (c), above, to identify hazardous waste fuel activities.(g) In addition to the applicable recordkeeping requirements of Env-Hw 500 and Env-Hw 700, the HWF marketer shall keep, for 3 years from the date the HWF marketer last engages in a hazardous waste fuel marketing transaction with the person who sends or receives the certification notice, a copy of each certification notice the HWF marketer receives or sends.N.H. Code Admin. R. Env-Hw 806.04
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6384-B, eff 11-26-96; ss by #7333, eff 8-1-00; 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; amd by #10205, eff 10-19-12
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.