N.H. Admin. Code § Env-Hw 501.02

Current through Register No. 36, September 5, 2024

Section Env-Hw 501.02 - Exemptions

(a) Farmers who dispose of hazardous waste pesticide residues from their own use shall be exempt from this chapter provided they triple rinse each emptied pesticide container in accordance with Env-Hw 401.03(d)(3) and dispose of the pesticide residues on their own farm in a manner consistent with the disposal instructions on the pesticide label.

(b) The packaging, manifest, and delivery requirements of Env-Hw 507.04(a), Env-Hw 510, and Env-Hw 511, respectively, shall not apply to government entities transporting household hazardous wastes to a household hazardous waste collection project, a permitted transfer facility, or a permitted treatment, storage or disposal facility, provided:

(1) The government entity has obtained prior approval from the household hazardous waste collection project, transfer facility, or treatment, storage or disposal facility receiving the wastes;

(2) The household hazardous wastes being managed have been separated by US DOT hazard class, as specified in 49 CFR 177.848 (b), (c), (d), and (e), prior to transport;

(3) The household hazardous wastes being managed have been:

a. Loose-packed or over-packed in containers meeting US DOT specifications for hazardous materials, as defined in 49 CFR 178; or

b. Packaged in strong outside containers, as defined in 49 CFR 171.8, if the waste is in its original container and less than 8 gallons;

(4) The containers or strong outside containers required by (3), above, have been labeled with the following information:

a. US DOT hazard classes as specified in 49 CFR 173.2;

b. Date the waste was collected; and

c. Name of the original government entity that collected the waste;

(5) Each container has been sealed and secured for transport in a manner that prevents leakage, spillage, and releases to the environment;

(6) The wastes are transported only in a vehicle that is:

a. Owned and registered by a government entity; and

b. Operated by a government entity employee;

(7) During transport, the government employee transporting the wastes retains a bill of lading describing the contents of the vehicle;

(8) Each individual who transports 55 gallons or more of household hazardous wastes has had a minimum of 24 hours of initial training in function-specific hazardous waste handling, safety, hazard communication, and emergency procedures and 8 hours of annual refresher training; and

(9) The receiving facility counts the waste toward its generator status in accordance with Env-Hw 503.

(c) Env-Hw 510 shall not apply to:

(1) Small quantity generators transporting their own hazardous waste in accordance with Env-Hw 601.02(b)(1) and (b) (3) to another facility in New Hampshire, provided that:

a. The receiving facility:

1. Is under the control of the same person as the small quantity generator site;

2. Has notified the department of this activity in accordance with Env-Hw 504;

3. Counts the waste received towards its generator status in accordance with Env-Hw 503;

4. Is a full quantity generator; and

5. Complies with the biennial reporting requirements of Env-Hw 512.04; and

b. In addition to the container labeling requirements of Env-Hw 508.02 and Env-Hw 508.03, as applicable, the small quantity generator labels or marks the containers with an indication of the hazards of the contents, including but not limited to:

1. The following word(s) as applicable to the hazardous waste characteristic(s) of the waste:

(i) "Ignitable";

(ii) "Corrosive";

(iii) "Reactive"; and

(iv) "Toxic";

2. Hazard communication consistent with US DOT requirements for labeling or placarding at 49 CFR 172 Subpart E or F, respectively;

3. A hazard statement or pictogram consistent with the United States Occupational Safety and Health Administration hazard communication standard at 29 CFR 1910.1200; or

4. A chemical hazard label consistent with the National Fire Protection Association Code 704; and

(2) A healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, and that transports hazardous waste pharmaceuticals in accordance with Env-Hw 511.01(g).

(d) Env-Hw 507, Env-Hw 508, Env-Hw 509, Env-Hw 511, and Env-Hw 513 shall not apply to transporters while they are collecting only curbside household hazardous wastes.

(e) This chapter, except for Env-Hw 502.01, shall not apply to universal waste handlers and universal waste transporters handling universal waste, provided that the waste is managed in accordance with Env-Hw 1100.

(f) Env-Hw 515 shall not apply to a generator operating under a temporary EPA identification number pursuant to Env-Hw 504.04.

(g) This chapter shall not apply to any person responding to an explosives or munitions emergency in accordance with 40 CFR 264.1(g)(8)(i)(D) or (iv), 40 CFR 265.1(c)(11)(i)(D) or (iv), and 40 CFR 270.1(c)(3)(i)(D) or (iii), as applicable.

(h) A generator who manages all hazardous waste in accordance with Env-Hw 503.03, and as a result generates no waste that counts toward generator classification, shall not be subject to the requirements in Env-Hw 500 except those specified in Env-Hw 501, Env-Hw 502, and Env-Hw 503.03.

(i) Except as otherwise specified in Env-Hw 1300, this chapter shall not apply to a reverse distributor who complies with Env-Hw 1300 for the management of hazardous waste pharmaceuticals.

(j) A healthcare facility that is a small quantity generator when counting all of the hazardous waste it generates and accumulates in a calendar month, including both its hazardous waste pharmaceuticals and its hazardous waste that is not pharmaceutical hazardous waste, shall manage its hazardous waste pharmaceuticals in compliance with either:

(1) The provisions of 40 CFR 266.501(d), as amended by Env-Hw 1302.02(b)(2); or

(2) The provisions of Env-Hw 500, as applicable.

(k) A healthcare facility that is a small quantity generator and chooses to comply with (j)(1), above, shall not be eligible for the optional provisions of 40 CFR 266.504, as amended by Env-Hw 1302.02(e).

N.H. Admin. Code § Env-Hw 501.02

#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7208, 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 500) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; amd by #10494, eff 1-1-14

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