Section Env-Hw 807.01 - Applicability, Exemptions, and Prohibitions(a) This part shall apply to: (1) Used oil, as defined in Env-Hw 104;(2) Any person who generates, transports, collects, or markets used oil destined to be recycled by being burned for energy recovery or rerefined; and(3) Any person who burns used oil fuel for energy recovery, except where exempt as specified in (d), below.(b) Any person who stores used oil in aboveground storage tanks shall comply with all applicable state and local requirements pertaining to storage of petroleum products, including Env-Or 300 and the provisions of the state fire code that apply to flammable and combustible materials, currently Saf-C 6009, as may be amended pursuant to RSA 153:5, I.(c) Any person who stores used oil in underground storage tanks of any capacity shall comply with Env-Or 400, excluding Env-Or 401.02 relating to excluding tanks having a capacity of 110 gallons or less and Env-Or 401.03 relating to exclusions.(d) A person who generates used oil as a household waste shall be exempt from this part.(e) Recycling of used oil shall be subject to the following prohibitions: (1) Used oil shall not be applied to roads or other land areas for the purpose of dust suppression or any other reason. Use of used oil for such purposes shall be deemed to be disposal of hazardous waste;(2) Off-specification used oil, as defined in Env-Hw 807.03, shall not be used as an automotive undercoating; and(3) Used oil shall not be mixed with any other waste identified as a hazardous waste under Env-Hw 400, unless it is being purposely blended with hazardous waste to formulate a hazardous waste fuel to be burned pursuant to Env-Hw 806.N.H. Admin. Code § Env-Hw 807.01
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by #6385-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
Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12350, Effective 8/14/2017, Expires 8/14/2027.