Current through Register No. 13, March 27, 2025
(a) Full quantity
generators shall comply with the following standards:
(1)
40 CFR
265.15, general inspection
requirements;
(2) Subject to (g)
through (i), below, 40 CFR
265.16, personnel training;
(3)
40 CFR
265.17, general requirements for ignitable,
reactive, or incompatible wastes;
(4) Subject to (j) and (k), below, 40 CFR
265, Subpart C, preparedness and prevention;
(5)40 CFR 265, Subpart D, contingency plan
and emergency procedures;
(6)40 CFR
265, Subpart I, use and management of containers;
(7)40 CFR 265, Subpart J, tanks, except
40 CFR
265.197(c) and
40 CFR
265.200;
(8)40 CFR 265, Subpart W, drip pads;
and
(9)40 CFR 265, Subpart DD,
containment buildings.
(b) A full quantity generator shall post a
list of the steps to take if an emergency occurs and the following information
at the nearest telephone to each central accumulation area:
(1) The names and emergency telephone numbers
of the emergency coordinators;
(2)
The telephone numbers of the:
d. State emergency
response team at the telephone numbers listed in Appendix E;
e. The generator's emergency response
contractor(s), if applicable; and
f. The generator's in-house emergency
response team, if applicable; and
(3) The location of fire extinguishers and
spill control material, and, if present, fire and internal emergency
alarms.
(c) A full
quantity generator shall provide the following security measures at all outdoor
central accumulation areas:
(1) An artificial
or natural barrier, such as a fence in good repair, that completely surrounds
the central accumulation area to prevent the unauthorized or unknowing entry of
individuals or livestock;
(2) A
means to control entry, at all times, through gates or other entrances to the
central accumulation area such as an attendant, television monitor, locked
entrance, or controlled roadway access to the area; and
(3) A sign stating "Danger - Unauthorized
Personnel Keep Out" at each entrance to the central accumulation area. Existing
signs with other than the aforementioned words may be used if the sign clearly
indicates that only authorized personnel are allowed to enter the area and that
entry can be dangerous.
(d) A full quantity generator shall clearly
label or mark containers and tanks used for the accumulation of hazardous
wastes with the following information at the time they are first used to
accumulate wastes:
(1) The beginning
accumulation date;
(2) The words
"hazardous waste";
(3) Words that
identify the contents; and
(4) All
applicable EPA and NH hazardous waste numbers.
(e) A full quantity generator shall not be
required to obtain a storage permit to use a drip pad to accumulate and convey
hazardous wood preserving wastes that are generated on site provided that:
(1) The wastes are shipped off site within 90
days of the date when accumulation of the waste first began, unless the
generator requests and the department grants an extension of the 90-day period
as provided in Env-Hw 507.03(e) through
(g); and
(2) The generator maintains the following
records at the facility:
a. A written
description of procedures the generator will follow to ensure that all wastes
are removed from the drip pad and associated collection system at least once
every 90 days; and
b. Documentation
of each waste removal, including the quantity of waste removed from the drip
pad and the sump or collection system and the date and time of
removal.
(f) A
full quantity generator shall not be required to obtain a storage permit to
accumulate, in a containment building, hazardous waste that is generated on
site provided that:
(1) Prior to operation of
the containment building, the generator obtains a professional certification
from a licensed NH professional engineer that the building is constructed in
accordance with the design standards specified in
40 CFR
265.1101 and is fit to operate as
intended;
(2) The generator
maintains the professional engineer certification described in (f)(1), above,
in the generator's operating record;
(3) The waste is shipped off site within 90
days of the date the accumulation begins, unless the generator requests and the
department grants an extension of the 90-day period as provided in
Env-Hw
507.03(e) through (g); and
(4) The generator maintains the following
records at the facility:
a. All of the
following:
1. A written description of
procedures the generator will follow to ensure that each waste volume remains
in the unit for no more than 90 days;
2. A written description of the facility's
waste generation and management practices showing that they are consistent with
meeting the 90-day accumulation limit; and
3. Documentation that the procedures are
complied with; or
b.
Documentation that the containment building is emptied at least once every 90
days.
(g) As
incorporated by reference in (a)(2), above, and used in
40 CFR
265.16(a)(2), "a person
trained in hazardous waste management procedures" means:
(1) An outside hazardous waste management
trainer;
(2) An in-house employee
who has completed a hazardous waste management course or who provides
documentation to demonstrate his or her own capabilities as in-house trainer;
or
(3) A trainer who teaches a
basic course or module offered by the department pursuant to Env-Hw
515.
(h) As incorporated
by reference in (a)(2), above, and used in
40 CFR
265.16(c), "an annual review
of the initial training" means review training that is received each year no
more than 90 days prior to and no more than 90 days after the anniversary date
of the initial training, such that training is received every 12 months on
average, subject to (i), below.
(i)
Provided that an annual review of initial training meets the requirements of
40 CFR
265.16(c), if such review
training is received more than 90 days prior to the anniversary date of the
initial training, the anniversary date for purposes of future compliance with
paragraph (h), above, shall be the date on which such review training is
received.
(j) As incorporated by
reference in (a)(4), above, and used in 40 CFR Part 265.35 , "required aisle
space" means not less than 2 feet to allow for inspection of at least one side
of each container.
(k) As
incorporated by reference in (a)(4), above, and used in 40 CFR Part 265.32 ,
"required equipment" means the equipment required at each central accumulation
area, not more than 100 feet from each area and accessible along a path
unobstructed by any obstacles other than doors, which shall be unlocked at all
times.
(l) A full quantity
generator who receives hazardous waste from a small quantity generator pursuant
to Env-Hw
501.02(c)(1) shall:
(1) Maintain the following records for each
shipment received:
a. The name, site address,
and contact information for the small quantity generator;
b. A description of the waste received,
including the quantity; and
(2)
Manage the hazardous waste in accordance with the requirements of
Env-Hw
509.01; and
(3) Label or mark containers and tanks
storing wastes received from small quantity generators:
a. With an indication of the hazards of the
contents, as specified in
Env-Hw
501.02(c)(1)b.;
b. For purposes of
Env-Hw
509.02(d)(1), with:
1. The date the hazardous waste was received
from the small quantity generator; or
2. The earliest date any hazardous waste in
the container was accumulated on site, if the full quantity generator is
consolidating incoming hazardous waste from a small quantity generator either
with its own hazardous waste or with hazardous waste from other small quantity
generators; and
c. In
accordance with Env-Hw 509.02(d)(2) through
(d) (4).
#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; 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 #10494, eff 1-1-14