Hazardous Waste

New Hampshire

Comparison of State and Federal Hazardous Waste Rules

General Summary (find a description of Federal Rules here).

    New Hampshire generally follows the federal rules for hazardous waste management and also has more stringent state requirements.

1. Do I need an EPA ID number to handle hazardous wastes in New Hampshire?

    The RCRA C Site Identification Form; Notification of Hazardous Waste Activity (instructions) form is used to notify the NH Department of Environmental Services (DES) of hazardous waste activities taking place at sites located within New Hampshire. This form is designed to help hazardous waste generators meet both the federal and state hazardous waste notification requirements, and the federal biennial report requirements (if applicable). This form is also used to update any information previously supplied to DES.

    The New Hampshire Hazardous Waste Rules require this information to be submitted by anyone that generates hazardous waste, transports hazardous waste, or operates a treatment/storage/disposal/transfer facility of hazardous waste. These activities include sites that manage 5,000 kg (11,000 lbs) or more of combined universal waste on site at any one time and sites that manage used oil. Generators of used oil destined for recycling do not need to notify DES if this is the only hazardous waste activity at the site.

    An EPA identification number must be obtained before beginning hazardous waste generator activities. If you need an EPA identification number immediately, you can call DES to obtain a preliminary identification number that is valid for 30 days. This 30-day period should be sufficient to complete this form and return it to DES. Call (603) 271-2921 from 8 AM to 4 PM, Monday through Friday to request a preliminary number.

    All new generators submitting an "Initial Notification" will need to pay a non-refundable fee of $150 to obtain their EPA ID number (Political Subdivisions are exempt). To ensure that your notification is processed promptly include with your initial notification request a check for $150 made out to "Treasurer, State of New Hampshire." All generators must notify DES on a state-approved form before conducting any hazardous waste activities at each on-site location, and also, when there are any informational changes or cessation of activities. An EPA ID number is issued upon proper completion of the form.


Main Hazardous Waste Page: State Hazardous Waste Management Information

Permits and Associated Guidance Documents: Hazardous Waste Permits

2. How do I determine my generator status?

      New Hampshire defines generators as follows:

      Full Quantity Generator (FQG):

      • generates equal to or greater than a total of 100 kilograms or 220 pounds of hazardous waste in any single month;
      • generates equal to or greater than one kilogram or 2.2 pounds of an acutely hazardous waste in any single month;
      • accumulates equal to or greater than one kilogram or 2.2 pounds of an acutely hazardous waste at any time;
      • generates equal to or greater than 100 kilograms or 220 pounds of spill cleanup material contaminated with acutely hazardous waste in any single month; or
      • accumulates equal to or greater than 100 kilograms or 220 pounds of spill cleanup material contaminated with acutely hazardous waste at any time.

      Small Quantity Generator (SQG): Generates in each and every calendar month, less than

      • 100 kilograms (220 pounds) of hazardous waste;
      • one kilogram (2.2 pounds) of an acutely hazardous waste; and
      • 100 kilograms (220 pounds) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.

      Note that there is no CESQG classification in New Hampshire.

      The Small Quantity Generator (SQG) Self-Certification Program requires each SQG to review its hazardous waste management procedures, conduct a self-inspection of its facility and certify compliance to DES every three years. SQGs that are not in compliance must develop a Corrective Action Plan, specifying how they plan to come into compliance within 90 days from the date the declaration is due.

      Effective July 1, 2007, SQGs must also submit a fee of $90 per year, payable every three years at the time of certification. Please note, the renewal fee is $270 payable every three years. However, regardless of the certification date, each SQG is responsible for payment beginning in the year that the SQG becomes an active hazardous waste generator. Political subdivisions of the state, typically municipalities and public schools, are exempt from the fee but not the certification requirement. State agencies are not considered political subdivisions and are required to pay the fee. See link below for more detailed information and requirements:

    3. How can I tell if the waste materials I handle are considered hazardous wastes?

      New Hampshire somewhat follows the federal rules for defining hazardous wastes, but there are some differences:
      • New Hampshire does not use the solid waste portion of the hazardous waste determination test used by the federal rules. A waste is hazardous in New Hampshire if it is listed as a hazardous waste; it is mixed with a listed waste; or it exhibits the characteristic of ignitability, corrosivity, reactivity, or toxicity.
      • The following are wastes that are not exempt under the state's rules:
        • recovered oil from petroleum refining;
        • waste related to the exploration, development, or production of crude oil, natural gas, or geothermal energy;
        • certain chromium wastes;
        • injected groundwater that is hazardous only because it fails the toxicity characteristic test;
        • used oil rerefining distillation bottoms used as feed stocks to manufacture asphalt products;
        • and leachate or gas condensate collected from landfills where certain solid wastes have been disposed, under certain conditions.
      • New Hampshire regulates strontium sulfide (NH03) as an acutely hazardous waste.
      • Used oil with waste code NH01 is considered a hazardous waste.

    4. How long can I store hazardous wastes on site?

      New Hampshire generally follows federal hazardous waste storage rules but also has added more stringent state rules. Since the state's generator classifications are different from the federal, the rules are different when generators store hazardous waste on-site without a permit.

      The state's permit requirements for facilities storing hazardous waste include federal rules, and also state rules that require a health assessment, air impact analysis, ecological analysis, transportation and impact analysis and a permit application fee. In addition to federal rules for containers and hazardous waste storage tanks, all New Hampshire generators must follow additional state storage requirements, including:

      Generators who accumulate/store hazardous waste on-site that pose a hazard to human health or the environment must comply with all federal Clean Water Act and Safe Drinking Act surface water standards; federal Clean Air Act air emission limits and NH implementation plans; prevent exposure of humans or the environment to harmful quantities of hazardous waste or its constituents; prevent exposure of workers to chemicals which violate the federal OSHA or New Hampshire RSA 277-A standards; and meet the requirements of New Hampshire regulations that relate to notification and monitoring procedures, if soil or groundwater contamination is detected.

      Hazardous waste containers must be stored on impervious surfaces (concrete and asphalt), unless cracks or holes are present. This does not include earthen, wooden, or gravel surfaces. Locations that do not have functional manholes or floor drains, or in or near a sink with a functional drain present, must have secondary containment is provided around all hazardous waste container storage areas that is capable of containing the volume of the largest capacity container present.

      Hazardous waste containers being stored outside cannot be within fifty (50) feet of surface waters and must be covered at all times to protect from precipitation from contacting the tops of the containers. Exception to this is when generator is adding wastes, removing wastes or moving the container.

      In additional to federal labeling requirements, hazardous waste storage tanks and containers must be clearly labeled and marked the first time they are used for storage of wastes with words that identify the contents of the container or tank and with the EPA or state waste number. These labels cannot be hidden by other containers, tanks or walls.

      Full Quantity Generators (FQG) must also comply with federal general inspection requirements and federal rules for ignitable, reactive, or incompatible wastes. They must post a list of steps to be taken if an emergency occurs. They must post the telephone numbers of the fire and police, hospitals, state and local emergency response team, and the home and office telephone numbers of emergency coordinators. They must also post the locations of spill control materials, fire extinguishers and fire and internal emergency services.

      For outdoor waste storage areas, FQG's must place an artificial or natural barrier in good repair that completely surrounds the hazardous waste storage area. This is to prohibit unauthorized or knowing entry of persons or livestock. They must provide a way to control entry at all times at the gates or entrances to the storage area. At each entrance to the hazardous waste storage area, they must post a sign that says "Danger-Unauthorized Personnel Keep Out." If existing signs indicate that only authorized personnel are allowed to enter and that entry can be dangerous, the existing signs can be used. Aisle space cannot be less than two feet. This is to allow for inspection of at least one side of each container. Required equipment means "equipment required at each hazardous waste storage area, located "not more than 100 feet" from each storage area, and that is accessible "along a clear path." In clean rooms that use spill cars, doors may be present, but must be unlocked at all times. An outside hazardous waste management trainer or an in-house employee who has completed a hazardous waste management course or provided documentation to demonstrate his/her capabilities can be used as an in-house trainer.

      Small Quantity Generators (SQG's) are allowed to store up to 100 kg (220 lb) of hazardous waste on-site without a permit, indefinitely, if the quantity of waste stored on-site never exceeds 100 kg (220 lb) of hazardous waste or 1 kg (2.2 lb) of an acutely hazardous waste; if spill control and fire control equipment are present near the hazardous waste; there are "No smoking" signs located near ignitable or reactive wastes; a minimum of two feet of aisle space is present to allow for inspection of at least one side of each container at or near each hazardous waste storage area. Also, the hazardous wastes must be transported off-site to a DES-authority facility, and the transporter is registered with DES or the SQG transporter transports no more than 20 gallons (gal) of non-acutely hazardous waste. If the SQG does not meet these requirements, more stringent storage regulation apply,

      SQGs are allowed to store up to 1,000 kg (2,200 lb) of non-acutely hazardous waste, on-site and without a permit, if hazardous waste storage tanks are managed in accordance with federal rules. Containers must be in compliance with federal regulations and under the control of an assigned hazardous waste manager/emergency coordinator or a designee. The SQG must be in compliance with federal preparedness and prevention requirements. A designated emergency coordinator is at all times on the premises or on call. Near each telephone that is closest to the hazardous waste storage area, SQG's must post telephone numbers for fire and police, hospital and state emergency response teams, and the home and office numbers of the emergency coordinator. Also must post the locations of spill control material and fire extinguishers and fire alarm if present. The SQG must make sure that employees are very familiar with appropriate waste handling and emergency procedures that relate to their responsibilities during normal facility operations and emergencies.

      A minimum of two feet of aisle space must be available in the storage area to allow for inspection of at least one side of each container. Near each hazardous waste storage area, fire control and spill control equipment must be present. Near the storage area of ignitable or reactive wastes, "No Smoking" sign must be displayed.

      If on-site accumulation reaches the limit of 1,000 kg (2,200 lb) of nonacutely hazardous waste, the wastes must be shipped off-site to an authorized facility by a registered transporter within 90 days of meeting this quantity limitation.

      Full Quantity Generators (FQG's) must comply with federal satellite storage requirements. In addition, state rules include that the generator must immediately mark the containers holding excess accumulation of hazardous waste with the date the excess amount began accumulating; the containers are marked with the words "Hazardous Waste" and with words that identify the contents of the containers. Also, the operator of the process generating the waste must be trained in accordance with federal rules, state environmental and health requirements must be met; and, for satellite storage areas that have accumulated more than ten gallons of hazardous waste, the containers must be inspected monthly for leaks and for deterioration caused by corrosion and other factors. All containers must be in compliance with the state's storage container requirements.

    5. Who can transport and receive the wastes I ship off site?

      New Hampshire generally follows the federal rules for shipping hazardous wastes to a TSD, and has additional state regulations regarding transporter requirements for registration, manifests, packaging, delivery, used oil, discharges, and exports.

    6. What records do I have to keep?

      New Hampshire follows the federal rules for recordkeeping. Generators shall keep manifest copies and copies of each annual report, quarterly activity report, exception report, notification of intent to export, EPA acknowledgement of Consent, any test results, waste analysis, or other wastes determinations and any records of any hazardous waste spills or discharges, for at least three (3) years.

    7. Do I have to file reports?

      New Hampshire generally follows the federal rules for reporting. Generators must submit certified quarterly hazardous waste activity reports for manifesting hazardous waste off-site; or treating, storing, or disposing of hazardous waste on-site at permitted TSDFs and/or recycling facilities. There is a quarterly report fee. Reports must be kept on file for at least three years. Generators who export hazardous waste shall file an annual report.

    8. What training requirements do I have to meet?

      New Hampshire follows the federal rules for training.

    9. What differences between states may exist with regard to use of the the new standardized manifest form?

      As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For New Hampshire these differences include:

      Additional Wastes:
      NHX1 - Instead of Recycling Exempt; NHX2 - Instead of Household Hazardous Waste Exempt; NHX3 - Instead of Remediation; NHX4 - Instead of Sludge Exempt; NHX5 - Instead of MSW Ash Exempt; and NHX6 - Instead of Shooting Range Exempt

      Exemptions: None.

      Distribution:
      The new manifest will be six pages, but New Hampshire will require the NH generator to make a photocopy of page 6 of the manifest and submit it to: NH Dept. of Environmental Services, Waste Management Division-RIMS, PO Box 3900, Concord NH 03302-3900. If the destination state where your waste is being disposed of requires a copy of the manifest, you, as the New Hampshire generator, will be required to make a photocopy of page 6 of the manifest and submit that to the destination state.

      Reporting:
      Because New Hampshire incorporates the federal SQG category into its definition of full quantity generators (FQGs), there is only one set of exception reporting requirements applicable to the FQGs.

      Recordkeeping: None.

      Other Notes, Comments::
      If a generator has not received the manifest copy from the facility within 30 days of shipment, they must contact the facility to determine the status of the shipment (federal rules allow for 35 days from acceptance of the shipment by the initial transporter).

    10. What are some other differences between federal and state rules?

      As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For New Hampshire these differences include:

      The generator must distribute the manifest copies as follows: One copy must be kept in the generator's files. This must be the first copy of the manifest with the generator's hand-signed and dated certification, and the date of acceptance and handwritten signature of the initial transporter. Five copies go to the transporter to accompany the shipment. One copy must go to the DES within five days of shipment. One copy must go to the destination state (if required by the destination state). The copies sent to DES and the destination state should be photocopies of the copy kept by the generator.

      New Hampshire follows federal regulations regarding the time limits for filing exception reports for small quantity generators (SQGs). Since New Hampshire encompasses the federal category of SQGs into its definition of full quantity generators (FQGs), only one set of exception reporting requirements is applicable to the New Hampshire class of FQGs.

      New Hampshire follows federal rules and requires generators to keep the copy of the manifest signed by the generator and the copy certified by the destination TSDF for at least three years. Manifests may be retained on microfiche or any other electronic media approved by DES if certified by a responsible company official. Exception reports must also be kept for 3 years.

      Transporters must follow federal regulations and also initial and date any changes it makes on the manifest. Transporters must keep copies of the signed manifest for at least three years. Manifest may be retained on microfiche or on any other electronic media approved by DES if certified by an authorized company official.

      A TSDF must, within 15 days of signing the manifest, forward one copy to the generator, one copy to the generator state, and one copy to the destination state. If there is any manifest or shipping paper discrepancy, a TSDF must a report between the type or quantity of waste received and that reported on the manifest. The TSDF must also notify DES in writing of any discrepancy not previously corrected on the manifest and must include a copy of the manifest or a reference to the generator name, date of shipment, and manifest tracking number.

    11. Contacts