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ECAR Fact Sheet for New Hampshire
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment. The New Hampshire Department of Environmental Services (DES) has adopted the federal hazardous waste regulations (40 CFR Parts 260-279) and has some of its own state-specific requirements. 

The DES has prepared guidance documents to help auto recyclers manage hazardous waste. Much of the information is included in the fact sheet below, or you can link to the Small Quantity Generator Requirements and the Full Quantity Generator Requirements guidance documents.

To comply with New Hampshire’s hazardous waste requirements, you must follow the steps below:

  1. Determine whether any hazardous waste is generated.
  2. Determine your facility’s generator status.
  3. Determine which regulations must be complied with depending upon your facility’s generator status, and comply with those requirements.

Regulations

Definition of Waste. A waste is considered hazardous if it meets any of the conditions below. It:

  • Is listed as a hazardous waste.
  • Is mixed with a listed waste.
  • Exhibits the characteristic of ignitability, corrosivity, reactivity, or toxicity.

Hazardous Waste Determination.  It is the responsibility of all generators to determine whether their waste is hazardous. The procedure for this is called a “hazardous waste determination.”  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

*In New Hampshire, used oil with the waste code NH01 is considered hazardous. In addition, strontium sulfide with waste code NH03 is considered an acutely hazardous waste.

Wastes can be hazardous if they are either “listed” or “characteristic”, or if they are a mixture of a listed hazardous waste and other wastes.

A. Listed wastes. Waste is considered hazardous if it is found on any one of four “lists”. These “lists” are called the “F”, “K”, “P” and “U” lists.

B. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are “characteristic” hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

  • IGNITABLE - combustible under certain conditions
  • CORROSIVE - highly acidic, basic and/or capable of corroding metal
  • REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
  • TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it’s more expensive to dispose of hazardous waste than it is solid waste).

D. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state’s universal waste requirements.

Generator Status.  If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of the two classifications below.

  • Small Quantity Generator (SQG).  You are considered a SQG if you, in each and every calendar month, generates less than:
    • 100 kg (220 lbs.) of hazardous waste;
    • 1 kg (2.2 lbs.) of an acutely hazardous waste; and
    • 100 kg (220 lbs.) of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of any acutely hazardous waste.
  • Full Quantity Generator (FQG).  You are considered a FQG if you, in each and every calendar month:
    • Generates equal to or greater than a total of 100 kg (220 lbs.) of hazardous waste in any single month; or
    • Generates equal to or greater than 1 kg (2.2 lbs.) of an acutely hazardous waste in any single month; or
    • Accumulates equal to or greater than 1 kg (2.2 lbs.) of an acutely hazardous waste at any time; or
    • Generates equal to or greater than 100 kg (220lbs.) of spill cleanup material contaminated with hazardous waste in any single month; or
    • Accumulates equal to or greater than 100 kg (220 lbs.) of spill cleanup material contaminated with acutely hazardous waste at any time.

Complying with Hazardous Waste Rules. Once you have determined whether you generate hazardous waste and your generator status, you can determine which requirements apply to you. See the Small Quantity Generator Requirements and the Full Quantity Generator Requirements guidance documents for more details

Links to the Regulations. Use the following links to view the regulations pertaining to hazardous waste management.

New Hampshire Hazardous Waste Management Requirements

Federal EPA Standards Applicable to Generators of Hazardous Waste


Contacts

  1. For more information, contact the New Hampshire DES Waste Management Division at
    603-271-2900.
  2. To report a spill or leak during business hours, call the DES at 603-271-3899. If after hours or the weekend, call the New Hampshire State Police Hazardous Material Response at 800-346-4009 (in-state), or 603-271-3636 (out-of-state).
  3. To report an environmental incident or complaint, contact the nearest regional office or link to the DES Public Information Center.

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