NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

1 Env-Hw 400

CHAPTER Env-Hw 400 IDENTIFICATION AND LISTING OF HAZARDOUS WASTES

REVISION NOTE: 

Document #9367, effective 1-28-09, readopted with amendments and redesignated the former Chapter 

Env-Wm 400 as Env-Hw 400. The redesignation from subtitle Env-Wm to Env-Hw was done pursuant to 

a rules reorganization plan for Department rules approved by the Director of the Office of Legislative

Services on 9-7-05. Document #9367 replaces all prior filings for hazardous waste rules formerly in 

Chapter Env-Wm 400. The numerals of the rules remained unchanged, and the source note information 

for the rules under Document #9367 refer to those same numbers under the subtitle Env-Wm. 

PART Env-Hw 401 PURPOSE, APPLICABILITY, EXEMPTIONS, AND METHODS

 Env-Hw 401.01 Purpose. The purpose of Env-Hw 400 is to identify those wastes which are subject to 

regulation as hazardous wastes.

Source. #5886, eff 8-26-94; ss by #6384-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 400) ss by 

#9367, eff 1-28-09 

 Env-Hw 401.02 Applicability.

 (a) A waste that is not exempted from regulation under Env-Hw 401.03 shall become a hazardous 

waste when any of the following events occur:

(1) In the case of a waste listed in Env-Hw 402, when the waste first meets the listing 

description set forth in Env-Hw 402;

(2) In the case of a mixture of any waste with one or more listed hazardous wastes, when the 

hazardous waste listed in Env-Hw 402 is first added to the mixture; and

(3) In the case of any other waste or waste mixture, when the waste or waste mixture exhibits 

any of the characteristics identified in Env-Hw 403 or by the department in accordance with 

Env-Hw 405.03.

 (b) A hazardous waste shall remain a hazardous waste unless and until it meets the following criteria:

(1) In the case of any waste, if the waste does not exhibit any of the characteristics of hazardous 

waste identified in Env-Hw 403;

(2) In the case of a federally listed waste or a waste which contains or is derived from a 

federally listed waste, if the EPA has excluded the waste in accordance with 40 CFR 260.22 and 

the department has delisted the waste under Env-Hw 406; and

(3) In the case of a New Hampshire-listed waste under Env-Hw 402.04(c), Env-Hw 402.05(c), 

Env-Hw 402.06(c) or Env-Hw 402.07(b) if the department has delisted the waste under Env-Hw 

406.

 (c) For the purposes of (b)(2) above, "federally listed wastes" means those wastes listed under EnvHw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) and Env-Hw 402.07(a).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-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 400) ss by #9367, eff 1-28-09
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

2 Env-Hw 400

 Env-Hw 401.03 Exemptions.

 (a) The following materials shall not be hazardous wastes under the hazardous waste rules, subject to 

the conditions specified:

(1) Domestic sewage;

(2) Wastewater discharges in compliance with applicable New Hampshire and federal permits;

(3) Irrigation return waters;

(4) Source, special nuclear, or nuclear by-product material as defined by the Atomic Energy 

Act of 1954 as amended, 42 USC 2011 et seq.;

(5) Material subjected to in-situ mining techniques which are not removed from the ground as 

part of the extraction process;

(6) Pulping liquors, that is black liquors, that are reclaimed in a pulping liquor recovery furnace 

and then reused in the pulping process, unless it is accumulated speculatively as defined in EnvHw 811.01;

(7) Spent sulfuric acid used to produce virgin sulfuric acid, unless it is accumulated 

speculatively as defined in Env-Hw 811.01;

(8) Secondary materials, as defined in Env-Hw 104, provided:

a. Only tank storage is involved and the entire process through completion of reclamation 

is closed by being entirely connected with pipes or other comparable enclosed means of 

conveyance;

b. Reclamation does not involve controlled flame combustion such as occurs in boilers, 

industrial furnaces, or incinerators;

c. The secondary materials are never accumulated in such tanks for over 12 months 

without being reclaimed; and

d. The reclaimed material is not used to produce a fuel, or used to produce products that 

are used in a manner constituting disposal;

(9) Excluded scrap metal, as defined in Env-Hw 103, being recycled;

(10) Shredded circuit boards being recycled provided that they are:

a. Stored in containers sufficient to prevent a release to the environment prior to recovery; 

and

b. Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium 

batteries; and 

(11) Solvent-contaminated wipes, as defined in (l), below, that are cleaned for reuse, provided 

that:

a. The generator either launders or dry cleans the solvent-contaminated wipes on site or 

sends the solvent-contaminated wipes to be cleaned by a laundry or dry cleaner:

1. That is located in New Hampshire, or in a state that has adopted the exclusion at 40 

CFR 261.4(a)(26), 7-1-14 edition; and
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

3 Env-Hw 400

2. Whose discharge, if any, is regulated under sections 301 and 402 or section 307 of 

the Clean Water Act; 

b. The generator maintains at its site the following documentation: 

1. The name and address of the laundry or dry cleaner that is receiving the solventcontaminated wipes; 

2. Documentation of compliance with (k)(2), below; and

3. A written description of the process the generator uses to ensure that solventcontaminated wipes contain no free liquids, as defined in (l), below, when laundered 

or dry cleaned on site or transported off site for laundering or dry cleaning; and

c. The requirements of (k), below, are met.

 (b) The following materials shall be exempt from regulation under the hazardous waste rules, subject

to the conditions specified:

(1) Household wastes, except that household hazardous waste collected as part of a household 

hazardous waste collection project as defined in Env-Hw 103, shall be managed in accordance 

with Env-Hw 500, unless the household hazardous waste is a pharmaceutical waste exempted 

by (26) below; 

(2) Agricultural wastes that are returned to the soil as fertilizers for growing agricultural crops 

and raising animals;

(3) Mining overburden returned to the mine site;

(4) Fly ash waste, bottom ash waste, slag waste, and flue gas emission control waste generated 

primarily from the combustion of coal or fossil fuels;

(5) Wastes which fail the test for the toxicity characteristic because chromium is present, or 

which are listed in Env-Hw 402 due to the presence of chromium, and meet the criteria of 40 

CFR 261.4(b)(6)(i), 7-1-07 edition, and are:

a. Listed in 40 CFR 261.4(b)(6)(ii), 7-1-07 edition; or

b. Subject to a waiver obtained by the generator in accordance with Env-Hw 202;

(6) Subject to (f), below, solid waste from the extraction, beneficiation, and processing of ores 

and minerals including coal, phosphate rock and overburden from the mining of uranium ore;

(7) Cement kiln dust waste;

(8) Waste which consists of discarded arsenical-treated wood or wood products which fail the 

test for the toxicity characteristic for hazardous waste codes D004 - D017 and which is not a 

hazardous waste for any other reason, provided the waste is generated by persons who use the 

arsenical-treated wood and wood products for these materials' intended end use;

(9) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer equipment, 

including mobile air conditioning systems, mobile refrigeration, and commercial and industrial 

air conditioning and refrigeration systems that use chlorofluorocarbons as the heat transfer fluid 

in a refrigeration cycle, provided the refrigerant is reclaimed for further use;

(10) Non-terne-plated used oil filters that are not mixed with wastes listed in Env-Hw 402, 

provided the oil filters have been gravity hot-drained using one of the following methods:

a. Puncturing the filter anti-drain back valve or the filter dome end and hot-draining;
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

4 Env-Hw 400

b. Hot-draining and crushing;

c. Dismantling and hot-draining; or

d. Any other equivalent hot-draining method that will remove used oil;

(11) Hazardous waste generated in a product or raw material storage tank, product or raw 

material transport vehicle or vessel, product or raw material pipeline, or in a manufacturing 

process unit or an associated non-waste-treatment-manufacturing unit before it exits the unit in 

which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste 

remains in the unit for greater than 90 days after the unit ceases to be operated for 

manufacturing, or for storage or transportation of product or raw materials;

(12) Samples of solid or hazardous wastes, water, soil or air which are collected for the sole 

purpose of testing to determine its characteristics or composition, provided the samples are 

being stored or transported in accordance with 40 CFR 261.4(d), 7-1-07 edition;

(13) Treatability study samples and samples undergoing treatability studies at laboratories and 

testing facilities of up to 250 kg non-acute hazardous waste and up to 1 kg acute hazardous 

waste and as set forth in 40 CFR 261.4(e) and (f), 7-1-07 edition;

(14) Materials that are reclaimed from wastes and that are used beneficially, unless the 

reclaimed material is burned for energy recovery or used in a manner constituting disposal;

(15) Waste pickle liquor sludges generated by lime stabilization of spent pickle liquor from the 

iron and steel industry Standard Industry Classification, Codes 331 and 332, even though they 

are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit 

one or more of the characteristics of hazardous waste as set forth in Env-Hw 403;

(16) The following wastes, provided that they do not exhibit a hazardous waste characteristic as 

set forth in Env-Hw 403:

a. Used oil sludges derived from collection, storage, treatment, or processing of used oils 

provided that the sludges are sent to a facility authorized to receive them; and

b. Waters separated from used oil by gravity separation or other physical or chemical 

means, unless the waters contain greater than 5 percent oil;

(17) Spill absorbent materials, soil and debris from the cleanup of spills of virgin fuel oil and 

virgin lubricating products, provided that the spill absorbent, materials, soil and debris do not 

exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

(18) Spill absorbent materials, soil and debris from the cleanup of used oil spills, provided the 

used oil was not previously mixed with any other hazardous wastes listed in Env-Hw 402, and 

provided the spill absorbent materials, soil or debris do not exhibit a hazardous waste 

characteristic as set forth in Env-Hw 403;

(19) Spill absorbent materials, soil and debris from the cleanup of spills of virgin gasoline, 

provided that the spill absorbent materials, soil and debris do not exhibit a hazardous waste 

characteristic as set forth in Env-Hw 403;

(20) Containers and inner liners from containers of hazardous waste, provided that the 

containers and inner liners are empty pursuant to (h), below;

(21) Petroleum-contaminated media and debris that:
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

5 Env-Hw 400

a. Fail the test for the toxicity characteristic of hazardous waste codes D018 - D043 only, 

as set forth in Env-Hw 403.06;

b. Are generated from releases of underground storage tanks subject to Env-Wm 1401; 

and

c. Are subject to the corrective action regulations under Env-Or 600;

(22) Manufactured gas plant contaminated media and debris that:

a. Fail the test for the toxicity characteristic of hazardous waste number D018 only, as set 

forth in Env-Hw 403.06; and

b. Are treated in an incinerator or a thermal desorption unit that is authorized under the 

destination state's rules;

(23) Wood ash from the burning of wood products which is only hazardous due to the corrosivity 

characteristic as set forth in Env-Hw 403.04(b)(3);

(24) Nitroglycerine, listed as P081, provided that it:

a. Was to be used for medicinal purposes; and

b. Does not exhibit a hazardous waste characteristic as set forth in Env-Hw 403;

(25) Used oil di-electric fluid containing PCBs in concentrations of 50 parts per million or greater,

provided that the used oil di-electric fluid: 

a. Would have only been identified under the hazardous waste rules as NH01 or because it 

fails the test for the toxicity characteristic of hazardous waste numbers D018 – D043, as set 

forth in Env-Hw 403.06; and 

b. Is managed in compliance with all applicable requirements of 40 CFR Part 761; 

(26) Pharmaceutical waste collected by police officers, provided that the waste is a household 

waste that is collected under the oversight of a police officer, stored, if necessary, at a police 

department, transported in a police vehicle, and delivered by a police officer to a solid waste 

disposal facility that is authorized to accept the waste under the destination state's rules; 

(27) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt 

products; 

(28) Solvent-contaminated wipes, as defined in (l), below, that are sent for disposal, provided 

that:

a. The solvent-contaminated wipes are not hazardous waste due to the presence of 

trichloroethylene;

b. The generator maintains at its site the following documentation:

1. The name and address of the disposal facility that is receiving the solventcontaminated wipes; 

2. Documentation of compliance with (k)(2), below; and

3. A written description of the process the generator uses to ensure that solventcontaminated wipes contain no free liquids, as defined in (l), below, when being 

transported for disposal; 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

6 Env-Hw 400

c. The generator sends the solvent-contaminated wipes for disposal to an authorized out-ofstate facility where the exclusion at 40 CFR 261.4(b)(18), 7-1-14 edition, has been adopted 

or to one of the following facilities in New Hampshire:

1. A municipal waste combustor or other combustion facility that is regulated under 

section 129 of the Clean Air Act; 

2. A hazardous waste combustor, boiler, or industrial furnace that is regulated under 

Env-Hw 707, Env-Hw 708 or 40 CFR part 266 subpart H, 7-1-14 edition; or

3. A hazardous waste landfill that is regulated under Env-Hw 707 or Env-Hw 708; 

and

d. The requirements of (k), below, are met; and

(29) Wipes contaminated with used oil, provided the used oil was not previously mixed with and 

does not otherwise contain any other hazardous wastes listed in Env-Hw 402, and provided the 

wipes do not exhibit a hazardous waste characteristic as set forth in Env-Hw 403.

 (c) For the purposes of (a)(1), above, "domestic sewage" means untreated sanitary wastes that pass 

through a sewer system.

 (d) For the purposes of (a)(2), above, "wastewater discharges" means industrial point source discharges 

in compliance with regulations under Section 402 of the Clean Water Act, as amended.

 (e) For the purposes of (d), above, "point source" means any pipe, ditch, channel, tunnel, conduit, 

well, discrete fissure, container, rolling stock, concentrated animal feeding operation, vessel or floating 

craft, or other discernable, defined and discrete conveyance from which pollutants are or may be discharged. 

The term "point source" does not include agricultural irrigation return waters.

 (f) The exemption at (b)(6), above, shall not include the following wastes, which shall be regulated

as hazardous wastes:

(1) Acid plant blowdown slurry/sludge resulting from the thickening of blowdown slurry from 

primary copper production;

(2) Surface impoundment solids contained in the dredged from surface impoundments at 

primary lead smelting facilities;

(3) Sludge from treatment of process wastewater and/or acid plant blowdown from primary 

zinc production;

(4) Spent potliners from primary aluminum reduction;

(5) Emission control dust or sludge from ferrochromium-silicon production; or

(6) Emission control dust or sludge from ferrochromium production.

 (g) For the purposes of (b)(17), above, "virgin lubricating products" means unused motor, engine, 

gear, machine and transmission oils.

 (h) For the purposes of (b)(20), above, containers and inner liners shall be deemed empty under the 

following conditions:

(1) For those containers or inner liners which have held hazardous waste other than compressed 

gas or acute hazardous waste identified in Env-Hw 402.04, when all wastes have been removed 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

7 Env-Hw 400

that can be removed using the practices commonly employed to remove materials from that type 

of container, such as pouring, pumping, and aspirating, and:

a. No more than one inch of residue remains on the bottom of the container or inner liner; 

or

b. The amount or residue remaining in the container or inner liner is:

1. No more than 3 percent by weight of the total capacity of the container if the 

container is less than or equal to 119 gallons in size; or

2. No more than 0.3 percent by weight of the total capacity of the container if the 

container is greater than 119 gallons in size;

(2) For those containers which have held a hazardous waste that is a compressed gas, when the 

pressure in the container approaches atmospheric pressure;

(3) For those containers or inner liners which have held acutely hazardous waste, when:

a. The containers or inner liner have been triple rinsed using a solvent capable of 

removing the commercial chemical product or manufacturing chemical intermediate;

b. The container or inner liner has been cleansed by another method that has been shown 

in the scientific literature, or by tests conducted by the generator, to achieve equivalent 

removal; or

c. In the case of a container, the inner liner that prevented contact of the commercial 

chemical product or manufacturing chemical intermediate with the container has been 

removed.

 (i) Residues removed from empty containers shall be subject to regulation under the hazardous waste 

rules as set forth in Env-Hw 404.04.

 (j) The following listed hazardous wastes shall be exempt from regulation under the hazardous waste 

rules, except that wastes exempted under this paragraph are subject to the land disposal restrictions of 40 

CFR Part 268, as applicable, even if they no longer exhibit a characteristic at the point of land disposal: 

(1) A hazardous waste that is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 

402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more characteristics of 

ignitability, corrosivity or reactivity as defined in Env-Hw 403.03 through 403.05, respectively, 

if the waste no longer exhibits any characteristic of hazardous waste identified in Env-Hw 403; 

(2) A waste or material, mixed with any hazardous waste listed in Env-Hw 402.04(b), Env-Hw 

402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it exhibits one or more 

characteristics of ignitability, corrosivity or reactivity, as regulated under Env-Hw 404.01(a)(1), 

if the mixture no longer exhibits any characteristic of hazardous waste identified in Env-Hw 403; 

(3) Any waste generated from treating, storing or disposing of a hazardous waste listed in EnvHw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) solely because it 

exhibits one or more characteristics of ignitability, corrosivity or reactivity, as regulated under 

Env-Hw 401.02(b)(2) and Env-Hw 404.03, if the waste no longer exhibits any characteristic of 

hazardous waste identified in Env-Hw 403; and 

(4) Any mixture of a waste excluded from regulation under Env-Hw 401.03(b)(6) and a 

hazardous waste listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 

402.07(a) solely because it exhibits one or more characteristics of ignitability, corrosivity or 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

8 Env-Hw 400

reactivity as regulated under Env-Hw 404.01(a)(1), if the mixture no longer exhibits any 

characteristic of hazardous waste identified in Env-Hw 403 for which the hazardous waste was 

listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a). 

 (k) For the purposes of (a)(11) and (b)(28), above, solvent-contaminated wipes shall be exempt from 

regulation under the hazardous waste rules, from the point of generation, provided that:

(1) Solvent-contaminated wipes and any containers in which they are stored contain only those 

solvents that were absorbed during use of such wipes in a cleaning or degreasing process;

(2) No more than 180 days after the date on which a generator begins to accumulate solventcontaminated wipes in any container, all solvent-contaminated wipes in that container shall be 

removed and sent for cleaning or disposal;

(3) Solvent-contaminated wipes, when accumulated, stored and transported, are contained in 

non-leaking, closed containers;

(4) Any container in which solvent-contaminated wipes are accumulated, stored or transported is 

able to contain free liquids;

(5) Containers in which solvent-contaminated wipes are accumulated or stored are closed at all 

times except when it is necessary to add or remove solvent-contaminated wipes;

(6) Containers in which solvent-contaminated wipes are accumulated, stored, or transported are 

clearly labeled or marked with the words “Excluded Solvent-Contaminated Wipes”;

(7) When the container is full, or when the solvent-contaminated wipes are no longer being 

accumulated, or when the container is being transported, the container is sealed with all lids 

properly and securely affixed to the container and all openings tightly bound or closed 

sufficiently to prevent leaks and emissions;

(8) At the point of being sent for cleaning on site or of being transported off site for cleaning or 

disposal, the solvent-contaminated wipes contain no free liquids, as defined in (l), below; and

(9) Free liquids removed from the solvent-contaminated wipes or from the container holding the 

wipes are managed in accordance with the hazardous waste rules.

 (l) For the purposes of (a)(11), (b)(28), (b)(29), and (k), above:

(1) “No free liquids” means that:

a. Free liquids are not present in solvent-contaminated wipes as determined by the paint 

filter liquids test, test method 9095B in EPA publication SW-846, as specified in Env-Hw 

104.52, available as noted in Appendix A; and 

b. Free liquids are not present in a container holding wipes;

(2) “Solvent-contaminated wipe” means a wipe that, after use in a cleaning or degreasing 

process:

a. Meets one or more of the following criteria:

1. It contains one or more of the F001 through F005 solvents listed in Env-Hw 

402.06(a) or the corresponding P- or U-listed solvents found in Env-Hw 402.04(b) or 

Env-Hw 402.05(b), respectively;
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

9 Env-Hw 400

2. It exhibits a hazardous characteristic found in Env-Hw 403 when that characteristic 

results from a solvent listed in Env-Hw 402.04(b), Env-Hw 402.05(b) or Env-Hw 

402.06(a); or

3. It exhibits only the hazardous waste characteristic of ignitability as found in EnvHw 403.03 due to the presence of one or more solvents that are not listed in Env-Hw 

402.04(b), Env-Hw 402.05(b) or Env-Hw 402.06(a); and

b. Does not contain listed waste other than solvents or used oil, or exhibit the characteristic 

of toxicity, corrosivity, or reactivity due to contaminants other than solvents;

(3) “Use in a cleaning or degreasing process” means that the wipe was used to remove oil or 

other contaminants from machinery, equipment, work stations or product components or for the 

cleanup of solvent spills of less than 12 fluid ounces; and 

(4) “Wipe” means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, 

fabric, cotton, polyester blends, or other material.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-B, eff 11-26-96; amd by #7207-B, eff 2-26-00; amd by 

#7208, eff 2-26-00; ss by #7333, eff 8-1-00; amd by #7578, eff 

10-13-01; amd by #8714, INTERIM, eff 9-5-06, EXPIRED: 

3-4-07; amd by #8790, eff 1-5-07; ss by #9215, INTERIM, eff 

8-1-08; (See Revision Note at chapter heading for Env-Hw 

400) ss by #9367, eff 1-28-09; amd by #10205, eff 10-19-12; 

amd by #10739, eff 12-2-14

 Env-Hw 401.04 Hazardous Waste Determination Methods. Sampling and analysis of waste for the 

purpose of identifying the waste as a hazardous or non-hazardous waste shall be conducted in accordance 

with the procedures specified in 40 CFR 261 Appendix I, 7-1-07 edition, EPA Publication "SW-846," as 

defined in Env-Hw 104 and incorporated by reference at Env-Hw 401.06, additional methods specified in 

Env-Hw 400, or equivalent procedures approved by EPA in accordance with 40 CFR 260.20 and 260.21, 7-1-

07 edition or by the department in accordance with Env-Hw 401.05.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss 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 400) ss by #9367, eff 1-28-09

 Env-Hw 401.05 Petitions for Equivalent Testing or Analytical Methods.

 (a) Any person seeking to add an analytical method to Env-Hw 400 or Env-Hw 800 with respect to 

hazardous wastes regulated by New Hampshire but not by EPA may petition for a rule change to allow use of 

a new testing method. The person shall demonstrate that the proposed method is equal to or superior to the 

corresponding method required by Env-Hw 400 or Env-Hw 800 in terms of its sensitivity, accuracy and 

reproducibility.

 (b) Each petition shall include the information required by 40 CFR 260.20(b) and 40 CFR 260.21(b), 

7-1-07 edition.

Source. #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 400) ss by 

#9367, eff 1-28-09
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

10 Env-Hw 400

 Env-Hw 401.06 Test Methods for Analyzing Hazardous Wastes. Test methods for analyzing 

hazardous wastes shall be in accordance with the following publications, as incorporated by reference in 40 

CFR 260.11, 7-1-07 edition:

 (a) "ASTM Standard Test Methods for Flash Point of Liquids by Setaflash Closed Tester," ASTM 

Standard D-3278-78, available from American Society for Testing and Materials, 100 Barr Harbor Drive, 

West Conshohocken, PA 19428-2959;

 (b) "ASTM Standard Test Methods for Flash Point by Pensky-Martens Closed Tester," ASTM 

Standard D-93-79 or D-93-80. D-93-80 is available from American Society for Testing and Materials, 100 

Barr Harbor Drive, West Conshohocken, PA 19428-2959;

 (c) "ASTM Standard Method for Analysis of Reformed Gas by Gas Chromatography," ASTM 

Standard D-1946-82, available from American Society for Testing and Materials, 100 Barr Harbor Drive, 

West Conshohocken, PA 19428-2959;

 (d) "ASTM Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb 

Calorimeter (High-Precision Method)," ASTM Standard D-2382-83, available from American Society for 

Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

 (e) "ASTM Standard Practices for General Techniques of Ultraviolet-Visible Quantitative Analysis," 

ASTM Standard E-169-87, available from American Society for Testing and Materials, 100 Barr Harbor 

Drive, West Conshohocken, PA 19428-2959;

 (f) "ASTM Standard Practices for General Techniques of Infrared Quantitative Analysis," ASTM 

Standard E 168-88, available from American Society for Testing and Materials, 100 Barr Harbor Drive, West 

Conshohocken, PA 19428-2959;

 (g) "ASTM Standard Practice for Packed Column Gas Chromatography," ASTM Standard E-260-85, 

available from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 

19428-2959;

 (h) "ASTM Standard Test Method for Aromatics in Light Naphthas and Aviation Gasolines by Gas 

Chromatography," ASTM Standard D-2267-88, available from American Society for Testing and Materials, 

100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

 (i) "APTI Course 415: Control of Gaseous Emissions," EPA Publication EPA-450/2-81-005, 

December 1981, available from National Technical Information Service, 5285 Port Royal Road, Springfield, 

VA 22161;

 (j) "Flammable and Combustible Liquids Code," 1977 or 1981, available from the National Fire 

Protection Association, 1 Batterymarch Park, PO Box 9101, Quincy, MA 02269-9101;

 (k) "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW846;

 (l) "Screening Procedures for Estimating the Air Quality Impact of Stationary Sources, Revised," 

October 1992, EPA Publication No. EPA-450/R-92-019, Environmental Protection Agency, Research 

Triangle Park, NC 27711;

 (m) "ASTM Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples for Analyses 

of Metals," ASTM Standard E926-88, Test Method C-Bomb, Acid Digestion Method, available from 

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

11 Env-Hw 400

 (n) "API Publication 2517, Third Edition," February 1989, "Evaporative Loss from External FloatingRoof Tanks," available from the American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005;

and

 (o) "ASTM Standard Test Method for Vapor Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope," ASTM Standard D 2879-92, available from 

American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.

Source. #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 400) ss by #9367, eff 1-28-09

PART Env-Hw 402 LISTED HAZARDOUS WASTES

 Env-Hw 402.01 Hazard Codes.

 (a) Unless otherwise specified in this chapter, Env-Hw 402 identifies the type of hazard presented by 

a waste using the following hazard codes:

(1) For ignitable waste, the hazard code shall be "(I)";

(2) For corrosive waste, the hazard code shall be "(C)";

(3) For reactive waste, the hazard code shall be "(R)";

(4) For toxicity characteristic waste, the hazard code shall be "(E)";

(5) For acutely hazardous waste, the hazard code shall be "(H)"; and

(6) For toxic waste, the hazard code shall be "(T)."

 (b) 40 CFR 261 Appendix VII, 7-1-07 edition, shall be used to identify the constituent which causes 

the administrator to list a waste as a toxicity characteristic waste (E) or toxic waste (T) listed in Env-Hw 

402.06(a) and 402.07(a).

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#6384-B, eff 11-26-96; ss 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 400) ss by 

#9367, eff 1-28-09

 Env-Hw 402.02 Hazardous Waste Numbers.

 (a) The EPA or NH hazardous waste number assigned to each hazardous waste listed in this part, 

shown preceding the name of the waste in Table 4.1 through Table 4.9, shall be used in complying with the 

notification requirements and certain recordkeeping and reporting requirements of the hazardous waste rules.

 (b) The hazardous waste numbers assigned by EPA and New Hampshire for listed hazardous wastes 

shall be as set forth in Env-Hw 402.04, Env-Hw 402.05, Env-Hw 402.06, and Env-Hw 402.07.

 (c) EPA Hazardous Waste Numbers F020, F021, F022, F023, F026, and F027, listed in Env-Hw 

402.06 or Env-Hw 402.07, shall be counted as acutely hazardous wastes when calculating generator status in 

accordance with Env-Hw 503.

Source. #5886, eff 8-26-94; ss 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 400) ss by 

#9367, eff 1-28-09
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

12 Env-Hw 400

 Env-Hw 402.03 Lists of Hazardous Wastes.

 (a) The materials or items specified in Env-Hw 402 shall be considered hazardous wastes:

(1) If they are discarded or intended to be discarded as defined in Env-Hw 103;

(2) When they are mixed with discarded oil or used oil or other material and applied to the land 

for dust suppression or road treatment;

(3) When they are otherwise applied to the land in lieu of their original intended use or when 

they are contained in products that are applied to the land in lieu of their original intended use; or

(4) When, in lieu of their original intended use, they are produced for use as a fuel, or as a 

component of a fuel, distributed for use as a fuel, or burned as a fuel.

 (b) For the purposes of dust suppression and road treatment, "discarded oil" means virgin oil that has 

been discarded before use.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 402.04 Acutely Hazardous Wastes.

 (a) The following materials, when waste, shall be considered acutely hazardous waste:

(1) Any commercial chemical product or manufacturing chemical intermediate, having the 

generic name listed in (b) or (c), below, or any off-specification chemical product or 

intermediate which, if it met specifications, would have the generic name listed in (b) or (c), 

below;

(2) Any residue remaining in a container or in an inner liner removed from a container that has 

held any material having the generic name listed in (b) and (c), below, unless the container is 

empty as defined in Env-Hw 401.03(h); or

(3) Any material listed in Env-Hw 402.06 that is identified with the symbol "H".

 (b) EPA listed acutely hazardous wastes shall be as listed in Table 4.1 below:

Table 4.1 EPA Acutely Hazardous Wastes 

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P023 107-20-0 Acetaldehyde, chloroP002 591-08-2 Acetamide,N-(aminothioxomethyl)- 

P057 640-19-7 Acetamide, 2-fluoroP058 62-74-8 Acetic acid, fluoro-, sodium salt 

P002 591-08-2 1-Acetyl-2-thiourea 

P003 107-02-8 Acrolein 

P070 116-06-3 Aldicarb 

P004 309-00-2 Aldrin 

P005 107-18-6 Allyl alcohol 

P006 20859-73-8 Aluminum phosphide (R,T) 

P007 2763-96-4 5-(Aminomethyl)-3-isoxazolol 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

13 Env-Hw 400

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P008 504-24-5 4-Aminopyridine 

P009 131-74-8 Ammonium picrate (R) 

P119 7803-55-6 Ammonium vanadate 

P099 506-61-6 Argentate(1-),bis(cyano-C)-,potassium

P010 7778-39-4 Arsenic acid H3AsO4

P012 1327-53-3 Arsenic oxide As2O3

P011 1303-28-2 Arsenic oxide As2O5

P011 1303-28-2 Arsenic pentoxide 

P012 1327-53-3 Arsenic trioxide 

P038 692-42-2 Arsine, diethylP036 696-28-6 Arsonous dichloride, phenylP054 151-56-4 Aziridine 

P067 75-55-8 Aziridine, 2-methylP013 542-62-1 Barium cyanide 

P024 106-47-8 Benzenamine, 4-chloroP077 100-01-6 Benzenamine, 4-nitroP028 100-44-7 Benzene, (chloromethyl)- 

P042 51-43-4 1,2-Benzenediol,4-[1-hydroxy-2-methylamino)ethyl]-, (R)- 

P046 122-09-8 Benzeneethanamine, alpha,alpha-dimethyl 

P014 108-98-5 Benzenethiol 

P001 181-81-2 

2H-1-Benzopyran-2-one, 4-hydroxy-3-

(3-oxo-1-phenylbutyl)-, & salts, when

present at concentrations greater than 0.3% 

P028 100-44-7 Benzyl chloride 

P015 7440-41-7 Beryllium powder 

P017 598-31-2 Bromoacetone 

P018 357-57-3 Brucine 

P045 39196-18-4 2-Butanone,3,3-dimethyl-1-(methylthio)-, 

O -[methylamino) carbonyl]oxime 

P021 592-01-8 Calcium cyanide 

P021 592-01-8 Calcium cyanide Ca(CN)2

P022 75-15-0 Carbon disulfide 

P095 75-44-5 Carbonic dichloride 

P023 107-20-0 Chloroacetaldehyde 

P024 106-47-8 p-Chloroaniline 

P026 5344-82-1 1-(o-Chlorophenyl) thiourea 

P027 542-76-7 3-Chloropropionitrile 

P029 544-92-3 Copper cyanide 

P029 544-92-3 Copper cyanide Cu(CN) 

P030 -------- Cyanides (soluble cyanide salts), not otherwise specified 

P031 460-19-5 Cyanogen 

P033 506-77-4 Cyanogen chloride 

P033 506-77-4 Cyanogen chloride (CN)Cl 

P034 131-89-5 2-Cyclohexyl-4,6- dinitrophenol 

P016 542-88-1 Dichloromethyl ether 

P036 696-28-6 Dichlorophenylarsine 

P037 60-57-1 Dieldrin 

P038 692-42-2 Diethylarsine 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

14 Env-Hw 400

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P041 311-45-5 Diethyl-p-nitrophenyl phosphate 

P040 297-97-2 O, O -Diethyl O -pyrazinyl phosphorothioate 

P043 55-91-4 Diisopropylfluorophosphate (DFP) 

P004 309-00-2 

1,4,5,8-Dimethanonaphthalene,

1,2,3,4,10,10-hexachloro-1, 4,4a,5,8,8

a,-hexahydro-,(1alpha,4alpha,4abeta,5 alpha,8alpha,8abeta)- 

P060 465-73-6 

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro

-1,4,4a,5,8,8a,-[hexachloro]hexahydro-(1alpha,4alpha,

4abeta,5beta,8beta,8abeta)- 

P037 60-57-1 

2,7:3,6-Dimethanonaphth[2,3-b]oxirene,

3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,

7,7a-octahydro-(laalpha,2beta,2aalpha,

3beta,6beta,6aalpha,7beta,7aalpha)- 

P051 172-20-8 

2,7:3,6-Dimethanonaphth [2,3-b] oxirene,3,4,5,6,9,9-

hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-,

(1aalpha,2beta,2abeta,3alpha,6alpha,

6abeta,7beta,7aalpha)-,& metabolites 

P044 60-51-5 Dimethoate 

P046 122-09-8 alpha,alpha-Dimethylphenethylamine 

P047 1534-52-1 4,6-Dinitro-o-cresol, & salts 

P048 51-28-5 2,4-Dinitrophenol 

P020 88-85-7 Dinoseb 

P085 152-16-9 Diphosphoramide, octamethylP111 107-49-3 Diphosphoric acid, tetraethyl ester 

P039 298-04-4 Disulfoton 

P049 541-53-7 Dithiobiuret 

P050 115-29-7 Endosulfan 

P088 145-73-3 Endothall 

P051 72-20-8 Endrin 

P051 72-20-8 Endrin, & metabolites 

P042 51-43-4 Epinephrine 

P031 460-19-5 Ethanedinitrile 

P066 16752-77-5 Ethanimidothioic acid, 

N-[[(methylamino)carbonyl]oxy]-, methyl ester 

P101 107-12-0 Ethyl cyanide 

P054 151-56-4 Ethyleneimine 

P097 52-85-7 Famphur 

P056 7782-41-4 Fluorine 

P057 640-19-7 Fluoroacetamide 

P058 62-74-8 Fluoroacetic acid, sodium salt 

P065 628-86-4 Fulminic acid, mercury(2+) salt (R,T)

P059 76-44-8 Heptachlor 

P062 757-58-4 Hexaethyl tetraphosphate 

P116 79-19-6 Hydrazinecarbothioamide 

P068 60-34-4 Hydrazine, methylP063 74-90-8 Hydrocyanic acid 

P063 74-90-8 Hydrogen cyanide 

P096 7803-51-2 Hydrogen phosphide 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

15 Env-Hw 400

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P060 465-73-6 Isodrin 

P007 2763-96-4 3(2H)-Isoxazolone, 5-(aminomethyl)- 

P092 62-38-4 Mercury, (acetato- O)phenylP065 628-86-4 Mercury fulminate (R,T) 

P082 62-75-9 Methanamine, N-methyl-N-nitrosoP064 624-83-9 Methane, isocyanatoP016 542-88-1 Methane, oxybis[chloroP112 509-14-8 Methane, tetranitroP118 75-70-7 Methanethiol, trichloroP050 115-29-7 6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10-

hexachloro-1,5,5a,6, 9,9a-hexahydro-, 3-oxide 

P059 76-44-8 4,7-Methano-1H-indene, 1,4,5,6,7,8,8- heptachloro-3a,4,7,7atetrahydroP066 16752-77-5 Methomyl 

P068 60-34-4 Methyl hydrazine 

P064 824-83-9 Methyl isocyanate 

P069 75-86-5 2-Methyllactonitrile 

P071 298-00-0 Methyl parathion 

P072 86-88-4 alpha Naphthylthiourea 

P073 13463-39-3 Nickel carbonyl 

P073 13463-39-3 Nickel carbonyl Ni(CO)4, (T-4)- 

P074 557-19-7 Nickel cyanide 

P074 557-19-7 Nickel cyanide Ni(CN)2 

P075 54-11-5 Nicotine, & salts 

P076 10102-43-9 Nitric oxide 

P077 100-01-6 p-Nitroaniline 

P078 10102-44-0 Nitrogen dioxide 

P076 10102-43-9 Nitrogen oxide N0 

P078 10102-44-0 Nitrogen oxide N02

P081 55-63-0 Nitroglycerine (R) 

P082 62-75-9 N-Nitrosodimethylamine 

P084 4549-40-0 N-Nitrosomethylvinylamine 

P085 152-16-9 Octamethylpyrophosphoramide 

P087 20816-12-0 Osmium oxide OsO4, (T-4)- 

P087 20816-12-0 Osmium tetroxide 

P088 145-73-3 7-Oxabicyclo[2.2.1]heptane-2,3- dicarboxylic acid 

P089 56-38-2 Parathion 

P034 131-89-5 Phenol, 2-cyclohexyl-4,6-dinitroP048 51-28-5 Phenol, 2,4-dinitroP047 1

534-52-1 Phenol, 2-methyl-4,6-dinitro-, & salts 

P020 88-85-7 Phenol, 2-(1-methylpropyl)-4,6-dinitroP009 131-74-8 Phenol, 2,4,6-trinitro-, ammonium salt (R) 

P092 62-38-4 Phenylmercury acetate 

P093 103-85-5 Phenylthiourea 

P094 298-02-2 Phorate 

P095 75-44-5 Phosgene 

P096 7803-51-2 Phosphine 

P041 311-45-5 Phosphoric acid, diethyl 4-nitrophenyl ester 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

16 Env-Hw 400

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P039 298-04-4 Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] 

ester 

P094 298-02-2 Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P044 60-51-5 Phosphorodithioic acid, O,O-dimethyl-[2-methylamino)-

2-oxoethyl] ester 

P043 55-91-4 Phosphorofluoridic acid, bis(1-methylethyl) ester 

P089 56-38-2 Phosphorothioic acid, O,O-diethyl 0-(4-nitrophenyl) ester 

P040 297-97-2 Phosphorothioic acid, O,O-diethyl 0-pyrazinyl ester 

P097 52-85-7 Phosphorothioic acid, O-[4-[(dimethylamino)sufonyl]

phenyl] O,O-dimethyl ester 

P071 298-00-0 Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester 

P110 78-00-2 Plumbane, tetraethylP098 151-50-8 Potassium cyanide 

P098 151-50-8 Potassium cyanide K(CN) 

P099 506-61-6 Potassium silver cyanide 

P070 116-06-3 Propanal, 2-methyl-2(methylthio)-, 

O-[(methylamino)carbonyl]oxime 

P101 107-12-0 Propanenitrile 

P027 542-76-7 Propanenitrile, 3-chloroP069 75-86-5 Propanenitrile, 2-hydroxy-2-methylP081 55-63-0 1,2,3-Propanetriol, trinitrate (R) 

P017 598-31-2 2-Propanone, 1-bromoP102 107-19-7 Propargyl alcohol 

P003 107-02-8 2-Propenal 

P005 107-18-6 2-Propen-1-ol 

P067 75-55-8 1,2-Propylenimine 

P102 107-19-7 2-Propyn-1-ol 

P008 504-24-5 4-Pyridinamine 

P075 154-11-5 Pyridine, 3-(1-methyl-3pyrrolidinyl)-, (S)-, & salts 

P114 12039-52-0 Selenious acid, dithallium(1+) salt

P103 630-10-4 Selenourea 

P104 506-64-9 Silver cyanide 

P104 506-64-9 Silver cyanide Ag(CN) 

P105 26628-22-8 Sodium azide 

P106 143-33-9 Sodium cyanide 

P106 143-33-9 Sodium cyanide Na(CN) 

P108 157-24-9 Strychnidin-10-one, & salts 

P018 357-57-3 Strychnidin-10-one, 2,3-dimethoxyP108 1

57-24-9 Strychnine, & salts 

P115 7446-18-6 Sulfuric acid, dithallium(1+) salt 

P109 3689-24-5 Tetraethyldithiopyrophosphate 

P110 78-00-2 Tetraethyl lead 

P111 107-49-3 Tetraethyl pyrophosphate 

P112 509-14-8 Tetranitromethane (R) 

P062 757-58-4 Tetraphosphoric acid, hexaethyl ester

P113 1314-32-5 Thallic oxide 

P113 1314-32-5 Thallium oxide Tl2O3

P114 12039-52-0 Thallium(1) selenite 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

17 Env-Hw 400

EPA 

Hazardous 

Waste Number

Chemical

Abstracts

Number 

Hazardous Waste 

P115 7446-18-6 Thallium(1) sulfate 

P109 3689-24-5 Thiodiphosphoric acid, tetraethyl ester 

P045 39196-18-4 Thiofanox 

P049 541-53-7 Thioimidodicarbonic diamide [(H2N)C(S)]2NH 

P014 108-98-5 Thiophenol 

P116 79-19-6 Thiosemicarbazide 

P026 5344-82-1 Thiourea, (2-chlorophenyl)- 

P072 86-88-4 Thiourea, 1-naphthalenylP093 103-85-5 Thiourea, phenylP123 8001-35-2 Toxaphene 

P118 75-70-7 Trichloromethanethiol 

P119 7803-55-6 Vanadic acid, ammonium salt 

P120 1314-62-1 Vanadium oxide V2O5

P120 1314-62-1 Vanadium pentoxide 

P084 4549-40-0 Vinylamine, N-methyl-N-nitrosoP001 1

81-81-2 Warfarin, & salts, when present at concentrations greater than 

0.3% 

P121 557-21-1 Zinc cyanide 

P121 557-21-1 Zinc cyanide Zn(CN)2

P122 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations greater 

than 10% (R,T) 

 (c) New Hampshire listed acutely hazardous wastes shall be as listed in Table 4.2 below:

Table 4.2 New Hampshire Acutely Hazardous Wastes

NH Hazardous Waste No. Hazardous Waste 

NH03 Strontium sulfide 

NH04 to NH11 Reserved 

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-B, eff 11-26-96; 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 400) ss by 

#9367, eff 1-28-09

 Env-Hw 402.05 Toxic Hazardous Wastes.

 (a) The following materials, when waste, shall constitute toxic hazardous waste:

(1) Any commercial chemical product or manufacturing chemical intermediate, having the 

generic name listed in (b) or (c), below, or any off-specification chemical product or 

intermediate which, if it met specification, would have the generic name listed in (b) or (c), 

below; or

(2) Any residue remaining in a container or in an inner liner removed from a container that has 

held any material having the generic name listed in (b), below, unless the container is empty as 

defined in Env-Hw 401.03(h).
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

18 Env-Hw 400

 (b) EPA listed toxic wastes shall be as listed in Table 4.3 below:

Table 4.3 EPA Toxic Hazardous Wastes 

EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U001 75-07-0 Acetaldehyde (I) 

U034 75-87-6 Acetaldehyde, trichloroU187 62-44-2 Acetamide, N-(4-ethoxyphenyl)- 

U005 53-96-3 Acetamide, N-9H-fluoren-2-ylU240 1

94-75-7 Acetic acid (2,4-dichlorophenoxy)-, salts and esters 

U112 141-78-6 Acetic acid ethyl ester (I) 

U144 301-04-2 Acetic acid, lead (2+) salt 

U214 563-68-8 Acetic acid, thallium (1+) salt 

See F027 93-76-5 Acetic acid,(2,4,5-trichlorophenoxy)- 

U002 67-64-1 Acetone (I) 

U003 75-05-8 Acetonitrile (I,T) 

U004 98-86-2 Acetophenone 

U005 53-96-3 2-Acetylaminofluorene 

U006 75-36-5 Acetyl chloride (C,R,T) 

U007 79-06-1 Acrylamide 

U008 79-10-7 Acrylic acid (I) 

U009 107-13-1 Acrylonitrile 

U011 61-82-5 Amitrole 

U012 62-53-3 Aniline (I,T) 

U136 75-60-5 Arsinic acid, dimethylU014 492-80-8 Auramine 

U015 115-02-6 Azaserine 

U010 50-07-7 

Azirino [2',3':3,4] pyrrolo [1,2-a] indole-4,7-

dione,6-amino-8-[[(aminocarbonyl)oxy]methyl]-

1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-,

[1aS-(1aalpha,8beta,8aalpha,8balpha)]- 

U157 56-49-5 Benz [j] aceanthrylene, 1,2-dihydro-3-methylU016 225-51-4 Benz [c] acridine 

U017 98-87-3 Benzal chloride 

U192 23950-58-5 Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)- 

U018 56-55-3 Benz [a] anthracene 

U094 57-97-6 Benz [a] anthracene, 7,12-dimethylU012 62-53-3 Benzenamine (I,T) 

U014 492-80-8 Benzenamine, 4,4'-carbonimidoylbis[N,N- dimethylU049 3165-93-3 Benzenamine, 4-chloro-2-methyl-, hydrochloride 

U093 60-11-7 Benzenamine, N,N-dimethyl-4-(phenylazo)- 

U328 95-53-4 Benzenamine, 2-methylU353 106-49-0 Benzenamine, 4-methylU158 101-14-4 Benzenamine, 4,4'-methylenebis[2-chloroU222 636-21-5 Benzenamine, 2-methyl-, hydrochloride

U181 99-55-8 Benzenamine, 2-methyl-5-nitroU019 71-43-2 Benzene (I,T) 

U038 510-15-6 Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-

alpha-hydroxy-, ethyl ester 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

19 Env-Hw 400

EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U030 101-55-3 Benzene, 1-bromo-4-phenoxyU035 305-03-3 Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]- 

U037 108-90-7 Benzene, chloroU221 25376-45-8 Benzenediamine, ar-methylU028 117-81-7 1,2-Benzenedicarboxylic acid, bis (2-ethylhexyl) ester 

U069 84-74-2 1,2-Benzenedicarboxylic acid, dibutyl ester 

U088 84-66-2 1,2-Benzenedicarboxylic acid, diethyl ester 

U102 131-11-3 1,2-Benzenedicarboxylic acid, dimethyl ester 

U107 117-84-0 1,2-Benzenedicarboxylic acid, dioctyl ester 

U070 95-50-1 Benzene, 1,2-dichloroU071 541-73-1 Benzene, 1,3-dichloroU072 106-46-7 Benzene, 1,4-dichloroU060 72-54-8 Benzene, 1,1'-(2,2-dichloroethylidene) bis [4-chloroU017 98-87-3 Benzene, (dichloromethyl)- 

U223 26471-62-5 Benzene, 1,3-diisocyanatomethyl(R,T) 

U239 1330-20-7 Benzene, dimethyl-(I,T) 

U201 108-46-3 1,3-Benzenediol 

U127 118-74-1 Benzene, hexachloroU056 110-82-7 Benzene, hexahydro-(I) 

U220 108-88-3 Benzene, methylU105 121-14-2 Benzene, 1-methyl-2,4-dinitro 

U106 606-20-2 Benzene, 2-methyl-1,3-dinitroU055 98-82-8 Benzene, (1-methylethyl)- (I) 

U169 98-95-3 Benzene, nitroU183 608-93-5 Benzene, pentachloroU185 82-68-8 Benzene, pentachloronitroU020 98-09-9 Benzenesulfonic acid chloride (C,R) 

U020 98-09-9 Benzenesulfonyl chloride (C,R) 

U207 95-94-3 Benzene, 1,2,4,5-tetrachloroU061 50-29-3 Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-chloro 

U247 72-43-5 Benzene, 1,1'-(2,2,2-trichloroethylidene) bis[4-methoxyU023 98-07-7 Benzene, (trichloromethyl)- 

U234 99-35-4 Benzene, 1,3,5-trinitroU021 92-87-5 Benzidine 

U202 181-07-2 1,2-Benzisothiazol-3(2H)-one, 1,1-dioxide & salts 

U203 94-59-7 1,3 Benzodioxole, 5-(2-propenyl)- 

U141 120-58-1 1,3 Benzodioxole, 5-(1-propenyl)- 

U090 94-58-6 1,3 Benzodioxole, 5-propylU064 189-55-9 Benzo[rst]pentaphene 

U248 181-81-2 

2H-1-Benzopyran-2-one, 4 hydroxy-3- (3-oxo-1-phenylbutyl)-, and salts when present at concentrations of 0.3% 

or less 

U022 50-32-8 Benzo[a]pyrene 

U197 106-51-4 p-Benzoquinone 

U023 98-07-7 Benzotrichloride (C,R,T,) 

U085 1464-53-5 2,2'-Bioxirane 

U021 92-87-5 [1,1'-Biphenyl]-4-4'-diamine 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

20 Env-Hw 400

EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U073 91-94-1 [1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloroU091 119-90-4 [1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethoxyU095 119-93-7 [1,1'-Biphenyl]-4-4'-diamine, 3,3'-dimethylU225 75-25-2 Bromoform 

U030 101-55-3 4-Bromophenyl phenyl ether 

U128 87-68-3 1,3-Butadiene, 1,1,2,3,4,4-hexachloroU172 924-16-3 1-Butanamine, N-butyl-N-nitrosoU031 71-36-3 1-Butanol (I) 

U159 78-93-3 2-Butanone (I,T) 

U160 1338-23-4 2-Butanone, peroxide (R,T) 

U053 4170-30-3 2-Butenal 

U074 764-41-0 2-Butene, 1,4-dichloro(I,T) 

U143 303-34-4 

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy-2-

(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]-

2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, 

[1S-[1alpha(Z),7(2S*,3R*),7aalpha]]- 

U031 71-36-3 n-Butyl alcohol (I) 

U136 75-60-5 Cacodylic acid 

U032 13765-19-0 Calcium chromate 

U238 51-79-6 Carbamic acid, ethyl ester 

U178 615-53-2 Carbamic acid, methylnitroso-, ethyl ester 

U097 79-44-7 Carbamic chloride, dimethylU114 1

111-54-6 Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters 

U062 2303-16-4 Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-di-chloro2-propenyl) ester 

U215 6533-73-9 Carbonic acid, dithallium(1+) salt 

U033 353-50-4 Carbonic difluoride 

U156 79-22-1 Carbonochloridic acid, methyl ester (I,T) 

U033 353-50-4 Carbon oxyfluoride (R,T) 

U211 56-23-5 Carbon tetrachloride 

U034 75-87-6 Chloral 

U035 305-03-3 Chlorambucil 

U036 57-74-9 Chlordane, alpha & gamma isomers 

U026 494-03-1 Chlornaphazin 

U037 108-90-7 Chlorobenzene 

U038 510-15-6 Chlorobenzilate 

U039 59-50-7 p-Chloro-m-cresol 

U042 110-75-8 2-Chloroethyl vinyl ether 

U044 67-66-3 Chloroform 

U046 107-30-2 Chloromethyl, methyl ether 

U047 91-58-7 beta-Chloronaphthalene 

U048 95-57-8 o-Chlorophenol 

U049 3165-93-3 4-Chloro-o-toluidine, hydrochloride 

U032 13765-19-0 Chromic acid H2CrO4, calcium salt 

U050 218-01-9 Chrysene 

U051 --------- Creosote 

U052 1319-77-3 Cresol (Cresylic acid) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U053 4170-30-3 Crotonaldehyde 

U055 98-82-8 Cumene (I) 

U246 506-68-3 Cyanogen bromide (CN)Br 

U197 106-51-4 2,5-Cyclohexadiene-1,4-dione 

U056 110-82-7 Cyclohexane (I) 

U129 58-89-9 Cyclohexane, 1,2,3,4,5,6-hexachloro-, 

(1alpha,2alpha,3beta,4alpha,5alpha,6beta)- 

U057 108-94-1 Cyclohexanone (I) 

U130 77-47-4 1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloroU058 50-18-0 Cyclophosphamide 

U240 194-75-7 2,4-D, salts and esters 

U059 20830-81-3 Daunomycin 

U060 72-54-8 DDD 

U061 50-29-3 DDT 

U062 2303-16-4 Diallate 

U063 53-70-3 Dibenz[a,h]anthracene 

U064 189-55-9 Dibenzo[a,i]pyrene 

U066 96-12-8 1,2-Dibromo-3-chloropropane 

U069 84-74-2 Dibutyl phthalate 

U070 95-50-1 o-Dichlorobenzene 

U071 541-73-1 m-Dichlorobenzene 

U072 106-46-7 p-Dichlorobenzene 

U073 91-94-1 3,3'-Dichlorobenzidine 

U074 764-41-0 1,4-Dichloro-2-butene (I,T) 

U075 75-71-8 Dichlorodifluoromethane 

U078 75-35-4 1,1-Dichloroethylene 

U079 156-60-5 1,2-Dichloroethylene 

U025 111-44-4 Dichloroethyl ether 

U027 108-60-1 Dichloroisopropyl ether 

U024 111-91-1 Dichloromethoxy ethane 

U081 120-83-2 2,4-Dichlorophenol 

U082 87-65-0 2,6-Dichlorophenol 

U084 542-75-6 1,3-Dichloropropene 

U085 1464-53-5 1,2:3,4-Diepoxybutane (I,T) 

U108 123-91-1 1,4-Diethyleneoxide 

U028 117-81-7 Diethylhexyl phthalate 

U086 1615-80-1 N,N'-Diethylhydrazine 

U087 3288-58-2 O,O-Diethyl S-methyl dithiophosphate

U088 84-66-2 Diethyl phthalate 

U089 56-53-1 Diethylstilbestrol 

U090 94-58-6 Dihydrosafrole 

U091 119-90-4 3,3'-Dimethoxybenzidine 

U092 124-40-3 Dimethylamine (I) 

U093 60-11-7 p-Dimethylaminoazobenzene 

U094 57-97-6 7,12-Dimethylbenz[a]anthracene 

U095 119-93-7 3,3'-Dimethylbenzidine 

U096 80-15-9 alpha,alpha-Dimethylbenzylhydroperoxide (R) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U097 79-44-7 Dimethylcarbamoyl chloride 

U098 57-14-7 1,1-Dimethylhydrazine 

U099 540-73-8 1,2-Dimethylhydrazine 

U101 105-67-9 2,4-Dimethylphenol 

U102 131-11-3 Dimethyl phthalate 

U103 77-78-1 Dimethyl sulfate 

U105 121-14-2 2,4-Dinitrotoluene 

U106 606-20-2 2,6-Dinitrotoluene 

U107 117-84-0 Di-n-octyl phthalate 

U108 123-91-1 1,4-Dioxane 

U109 122-66-7 1,2-Diphenylhydrazine 

U110 142-84-7 Dipropylamine (I) 

U111 621-64-7 Di-n-propylnitrosamine 

U041 106-89-8 Epichlorohydrin 

U001 75-07-0 Ethanal (I) 

U174 55-18-5 Ethanamine, N-ethyl-N-nitrosoU155 91-80-5 1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-

thienylmethyl)- 

U067 106-93-4 Ethane, 1,2-dibromoU076 75-34-3 Ethane, 1,1-dichloroU077 107-06-2 Ethane, 1,2-dichloroU131 67-72-1 Ethane, hexachloroU024 111-91-1 Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloroU117 60-29-7 Ethane, 1,1'-oxybis- (I) 

U025 111-44-4 Ethane, 1,1'-oxybis[2-chloroU184 76-01-7 Ethane, pentachloroU208 630-20-6 Ethane, 1,1,1,2-tetrachloroU209 79-34-5 Ethane, 1,1,2,2-tetrachloroU218 62-55-5 Ethanethioamide 

U226 71-55-6 Ethane, 1,1,1-trichloroU227 79-00-5 Ethane, 1,1,2-trichloroU359 110-80-5 Ethanol, 2-ethoxyU173 1116-54-7 Ethanol, 2,2'-(nitrosoimino)bisU004 98-86-2 Ethanone, 1-phenylU043 75-01-4 Ethene, chloroU042 110-75-8 Ethene, (2-chloroethoxy) 

U078 75-35-4 Ethene, 1,1-dichloroU079 156-60-5 Ethene, 1,2-dichloro-,(E)- 

U210 127-18-4 Ethene, tetrachloroU228 79-01-6 Ethene, trichloroU112 141-78-6 Ethyl acetate (I) 

U113 140-88-5 Ethyl acrylate (I) 

U238 51-79-6 Ethyl carbamate (urethane) 

U117 60-29-7 Ethyl ether (I) 

U114 1111-54-6 Ethylenebisdithiocarbamic acid, salts & esters 

U067 106-93-4 Ethylene dibromide 

U077 107-06-2 Ethylene dichloride 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U359 110-80-5 Ethylene glycol monoethyl ether 

U115 75-21-8 Ethylene oxide (I,T) 

U116 96-45-7 Ethylenethiourea 

U076 75-34-3 Ethylidene dichloride 

U118 97-63-2 Ethyl methacrylate 

U119 62-50-0 Ethyl methanesulfonate 

U120 206-44-0 Fluoranthene 

U122 50-00-0 Formaldehyde 

U123 64-18-6 Formic acid (C,T) 

U124 110-00-9 Furan (I) 

U125 98-01-1 2-Furancarboxaldehyde (I) 

U147 108-31-6 2,5-Furandione 

U213 109-99-9 Furan, tetrahydro (I) 

U125 98-01-1 Furfural (I) 

U124 110-00-9 Furfuran (I) 

U206 18883-66-4 Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-,DU206 18883-66-4 D-Glucose, 2-deoxy-2-[[(methylnitrosoamino) -

carbonyl]amino]- 

U126 765-34-4 Glycidylaldehyde 

U163 70-25-7 Guanidine, N-methyl-N'-nitro-N-nitrosoU127 118-74-1 Hexachlorobenzene 

U128 87-68-3 Hexachlorobutadiene 

U130 77-47-4 Hexachlorocyclopentadiene 

U131 67-72-1 Hexachloroethane 

U132 70-30-4 Hexachlorophene 

U243 1888-71-7 Hexachloropropene 

U133 302-01-2 Hydrazine (R,T) 

U086 1615-80-1 Hydrazine, 1,2-diethylU098 57-14-7 Hydrazine, 1,1-dimethylU099 540-73-8 Hydrazine, 1,2-dimethylU109 122-66-7 Hydrazine, 1,2-diphenylU134 7664-39-3 Hydrofluoric acid (C,T) 

U134 7664-39-3 Hydrogen fluoride (C,T) 

U135 7783-06-4 Hydrogen sulfide 

U135 7783-06-4 Hydrogen sulfide H2S 

U096 80-15-9 Hydroperoxide, 1-methyl-1-phenylethyl (R) 

U116 96-45-7 2-Imidazolidinethione 

U137 193-39-5 Indeno[1,2,3-cd]pyrene 

U190 85-44-9 1,3-Isobenzofurandione 

U140 78-83-1 Isobutyl alcohol (I,T) 

U141 120-58-1 Isosafrole 

U142 143-50-0 Kepone 

U143 303-34-4 Lasiocarpine 

U144 301-04-2 Lead acetate 

U146 1335-32-6 Lead, bis(acetato-O)tetrahydroxytriU145 7446-27-7 Lead phosphate 

U146 1335-32-6 Lead subacetate 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U129 58-89-9 Lindane 

U163 70-25-7 MNNG 

U147 108-31-6 Maleic anhydride 

U148 123-33-1 Maleic hydrazide 

U149 109-77-3 Malononitrile 

U150 148-82-3 Melphalan 

U151 7439-97-6 Mercury 

U152 126-98-7 Methacrylonitrile (I,T) 

U092 124-40-3 Methanamine, N-methyl-(I) 

U029 74-83-9 Methane, bromoU045 74-87-3 Methane, chloro (I,T) 

U046 107-30-2 Methane, chloromethoxyU068 74-95-3 Methane, dibromoU080 75-09-2 Methane, dichloroU075 75-71-8 Methane, dichlorodifluoroU138 74-88-4 Methane, iodoU119 62-50-0 Methanesulfonic acid, ethyl ester 

U211 56-23-5 Methane, tetrachloroU153 74-93-1 Methanethiol (I,T) 

U225 75-25-2 Methane, tribromoU044 67-66-3 Methane, trichloroU121 75-69-4 Methane, trichlorofluoroU036 57-74-9 4,7-Methano-1H-indene, 1,2,4,5,6,7,8, 8-octachloro2,3,3a,4,7,7a-hexahydroU154 67-56-1 Methanol (I) 

U155 91-80-5 Methapyrilene 

U142 143-50-0 1,3,4-Metheno-2H-cyclobuta[cd]pentalen -2-

one,1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydroU247 72-43-5 Methoxychlor 

U154 67-56-1 Methyl alcohol (I) 

U029 74-83-9 Methyl bromide 

U186 504-60-9 1-Methylbutadiene (I) 

U045 74-87-3 Methyl chloride (I,T) 

U156 79-22-1 Methyl chlorocarbonate (I,T) 

U226 71-55-6 Methyl chloroform 

U157 56-49-5 3-Methylcholanthrene 

U158 101-14-4 4,4'-Methylenebis(2-chloroaniline) 

U068 74-95-3 Methylene bromide 

U080 75-09-2 Methylene chloride 

U159 78-93-3 Methyl ethyl ketone (MEK) (I,T) 

U160 1338-23-4 Methyl ethyl ketone peroxide (R,T) 

U138 74-88-4 Methyl iodide 

U161 108-10-1 Methyl isobutyl ketone (I) 

U162 80-62-6 Methyl methacrylate (I,T) 

U161 108-10-1 4-Methyl-2-pentanone (I) 

U164 56-04-2 Methylthiouracil 

U010 50-07-7 Mitomycin C 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U059 20830-81-3 

5,12-Napthacenedione, 8-acetyl-10-[(3-amino-2,3,6-

trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-

tetrahydro-6,8,11-trihydroxy-1-methoxy-,(8S-cis)- 

U167 134-32-7 1-Naphthalenamine 

U168 91-59-8 2-Naphthalenamine 

U026 494-03-1 Napthalenamine, N,N'-bis(2-chloroethyl)- 

U165 91-20-3 Naphthalene 

U047 91-58-7 Naphthalene, 2-chloroU166 130-15-4 1,4-Naphthalenedione 

U236 72-57-1 

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'-dimethyl[1,1'-

biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, 

tetrasodium salt 

U166 130-15-4 1,4-Naphthoquinone 

U167 134-32-7 alpha-Naphthylamine 

U168 91-59-8 beta-Naphthylamine 

U217 10102-45-1 Nitric acid, thallium(1+) salt 

U169 98-95-3 Nitrobenzene (I,T) 

U170 100-02-7 p-Nitrophenol 

U171 79-46-9 2-Nitropropane (I,T) 

U172 924-16-3 N-Nitrosodi-n-butylamine 

U173 1116-54-7 N-Nitrosodiethanolamine 

U174 55-18-5 N-Nitrosodiethylamine 

U176 759-73-9 N-Nitroso-N-ethylurea 

U177 684-93-5 N-Nitroso-N-methylurea 

U178 615-53-2 N-Nitroso-N-methylurethane 

U179 100-75-4 N-Nitrosopiperidine 

U180 930-55-2 N-Nitrosopyrrolidine 

U181 99-55-8 5-Nitro-o-toluidine 

U193 1120-71-4 1,2-Oxathiolane, 2,2-dioxide 

U058 50-18-0 2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis (2-

chloroethyl)tetrahydro-, 2-oxide 

U115 75-21-8 Oxirane (I,T) 

U126 765-34-4 Oxiranecarboxyaldehyde 

U041 106-89-8 Oxirane, (chloromethyl)- 

U182 123-63-7 Paraldehyde 

U183 608-93-5 Pentachlorobenzene 

U184 76-01-7 Pentachloroethane 

U185 82-68-8 Pentachloronitrobenzene (PCNB) 

See F027 87-86-5 Pentachlorophenol 

U186 504-60-9 1,3-Pentadiene (I) 

U161 108-10-1 Pentanol, 4-methylU187 62-44-2 Phenacetin 

U188 108-95-2 Phenol 

U048 95-57-8 Phenol, 2-chloroU039 59-50-7 Phenol, 4-chloro-3-methylU081 120-83-2 Phenol, 2,4-dichloroU082 87-65-0 Phenol, 2,6-dichloro- 
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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U089 56-53-1 Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)- 

U101 105-67-9 Phenol, 2,4-dimethylU052 1319-77-3 Phenol, methylU132 70-30-4 Phenol, 2,2'-methylenebis[3,4,6-trichloroU170 100-02-7 Phenol, 4-nitroSee F027 87-86-5 Phenol, pentachloroSee F027 58-90-2 Phenol, 2,3,4,6-tetrachloroSee F027 95-95-4 Phenol, 2,4,5-trichloroSee F027 88-06-2 Phenol, 2,4,6-trichloroU150 148-82-3 L-Phenylalanine, 4-[bis(2-chloroethyl)amino]- 

U145 7446-27-7 Phosphoric acid, lead(2+) salt (2:3)

U087 3288-58-2 Phosphorodithioic acid, O,O-diethyl S-methyl ester 

U189 1314-80-3 Phosphorous sulfide (R) 

U190 85-44-9 Phthalic anhydride 

U191 109-06-8 2-Picoline 

U179 100-75-4 Piperidine, 1-nitrosoU192 23950-58-5 Pronamide 

U194 107-10-8 1-Propanamine (I,T) 

U111 621-64-7 1-Propanamine, N-nitroso-N-propylU110 142-84-7 1-Propanamine, N-propyl-(I) 

U066 96-12-8 Propane, 1,2-dibromo-3-chloroU083 78-87-5 Propane, 1,2-dichloroU149 109-77-3 Propanedinitrile 

U171 79-46-9 Propane, 2-nitro-(I,T) 

U027 108-60-1 Propane, 2,2'-oxybis[2-chloroU193 1120-71-4 1,3-Propane sultone 

See F027 93-72-1 Propanoic acid, 2-(2,4,5-trichlorophenoxy)- 

U235 126-72-7 1-Propanol, 2,3-dibromo-, phosphate (3:1) 

U140 78-83-1 1-Propanol, 2-methyl-(I,T) 

U002 67-64-1 2-Propanone (I) 

U007 79-06-1 2-Propenamide 

U084 542-75-6 1-Propene, 1,3-dichloroU243 1888-71-7 1-Propene, 1,1,2,3,3,3-hexachloroU009 107-13-1 2-Propenenitrile 

U152 126-98-7 2-Propenenitrile, 2-methyl-(I,T) 

U008 79-10-7 2-Propenoic acid (I) 

U113 140-88-5 2-Propenoic acid, ethyl ester (I) 

U118 97-63-2 2-Propenoic acid, 2-methyl-, ethyl ester 

U162 80-62-6 2-Propenoic acid, 2-methyl-, methyl ester (I,T) 

U194 107-10-8 n-Propylamine (I,T) 

U083 78-87-5 Propylene dichloride 

U148 123-33-1 3,6-Pyridazinedione, 1,2-dihydroU196 110-86-1 Pyridine 

U191 109-06-8 Pyridine, 2-methylU237 66-75-1 2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2-chloroethyl) 

amino]- 

U164 56-04-2 4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo- 
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27 Env-Hw 400

EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U180 930-55-2 Pyrrolidine, 1-nitrosoU200 50-55-5 Reserpine 

U201 108-46-3 Resorcinol 

U203 94-59-7 Safrole 

U204 7783-00-8 Selenious acid 

U204 7783-00-8 Selenium dioxide 

U205 7488-56-4 Selenium sulfide 

U205 7488-56-4 Selenium sulfide SeS2(R,T) 

U015 115-02-6 L-Serine, diazoacetate (ester) 

See F027 93-72-1 Silvex (2,4,5-TP) 

U206 18883-66-4 Streptozotocin 

U103 77-78-1 Sulfuric acid, dimethyl ester 

U189 1314-80-3 Sulfur phosphide (R) 

See F027 93-76-5 2,4,5-T 

U207 95-94-3 1,2,4,5-Tetrachlorobenzene 

U208 630-20-6 1,1,1,2-Tetrachloroethane 

U209 79-34-5 1,1,2,2-Tetrachloroethane 

U210 127-18-4 Tetrachloroethylene 

See F027 58-90-2 2,3,4,6-Tetrachlorophenol 

U213 109-99-9 Tetrahydrofuran (I) 

U214 563-68-8 Thallium(I) acetate 

U215 6533-73-9 Thallium(I) carbonate 

U216 7791-12-0 Thallium(I) chloride 

U216 7791-12-0 Thallium chloride TlCl 

U217 10102-45-1 Thallium(I) nitrate 

U218 62-55-5 Thioacetamide 

U153 74-93-1 Thiomethanol (I,T) 

U244 137-26-8 Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, 

tetramethylU219 62-56-6 Thiourea 

U244 137-26-8 Thiram 

U220 108-88-3 Toluene 

U221 25376-45-8 Toluenediamine 

U223 26471-62-5 Toluene diisocyanate (R,T) 

U328 95-53-4 o-Toluidine 

U353 106-49-0 p-Toluidine 

U222 636-21-5 o-Toluidine hydrochloride 

U011 61-82-5 1H-1,2,4-Triazol-3-amine 

U227 79-00-5 1,1,2-Trichloroethane 

U228 79-01-6 Trichloroethylene 

U121 75-69-4 Trichloromonofluoromethane 

See F027 95-95-4 2,4,5-Trichlorophenol 

See F027 88-06-2 2,4,6-Trichlorophenol 

U234 99-35-4 1,3,5-Trinitrobenzene (R,T) 

U182 123-63-7 1,3,5-Trioxane, 2,4,6-trimethylU235 126-72-7 Tris(2,3-dibromopropyl) phosphate 

U236 72-57-1 Trypan blue 
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EPA 

Hazardous 

Waste 

Number 

Chemical

Abstracts

Number 

Hazardous Waste 

U237 66-75-1 Uracil mustard 

U176 759-73-9 Urea, N-ethyl-N-nitrosoU177 684-93-5 Urea, N-methyl-N-nitrosoU043 75-01-4 Vinyl chloride 

U248 181-81-2 Warfarin, & salts, when present at concentrations of 0.3% 

or less 

U239 1330-20-7 Xylene (I) 

U200 50-55-5 

Yohimban-16-carboxylic acid,11,17-dimethoxy -18-

[(3,4,5-trimethoxybenzoyl)oxy]-,methyl 

ester,(3beta,16beta,17alpha,18beta,20alpha)- 

U249 1314-84-7 Zinc phosphide Zn3P2, when present at concentrations of 

10% or less 

 1 CAS number given for parent compound only.

 (c) New Hampshire-listed toxic wastes shall be as listed in Table 4.4 below:

Table 4.4 New Hampshire-Listed Toxic Wastes

NH12 to NH50 Reserved 

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-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 400) ss by #9367, eff 1-28-09; amd by #10205, eff 

10-19-12

 Env-Hw 402.06 Generic Industrial Process Wastes.

 (a) EPA listed generic industrial process wastes shall be as listed in Table 4.5 below:

Table 4.5 EPA Generic Industrial Process Wastes 

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste Hazard

Code 

Generic: 

F001 The following spent halogenated solvents used in degreasing:

Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-

trichloroethane, carbon tetrachloride, and chlorinated 

fluorocarbons; all spent solvent mixtures/blends used in degreasing 

containing, before use, a total of 10 percent or more, by volume, of 

one or more of the above halogenated solvents or those solvents 

listed in F002, F004, and F005; and still bottoms from the recovery 

of these spent solvents and spent solvent mixtures.

(T) 

F002 The following spent halogenated solvents:

Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-

trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-

trifluoroethane, ortho-dichlorobenzene,

(T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

29 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste Hazard

Code 

trichlorofluoromethane, and 1,1,2- trichloroethane; all spent solvent 

mixtures/blends containing, before use, a total of 10 percent or 

more, by volume, of one or more of the above halogenated solvents 

or those listed in F001, F004, or F005; and still bottoms from the 

recovery of these spent solvents and spent solvent mixtures. 

F003 The following spent non-halogenated solvents:

Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl 

isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all 

spent solvent mixtures/blends containing, before use, only the 

above spent non-halogenated solvents; all spent solvent 

mixtures/blends containing, before use, one or more of the above 

non-halogenated solvents, and, a total of 10 percent or more, by 

volume, of one or more of those solvents listed in F001, F002, 

F004, and F005; and stillbottoms from the recovery of these spent 

solvents and spent solvent mixtures. 

(I) 

F004 The following spent non-halogenated solvents:

Cresols and cresylic acid, and nitrobenzene; all spent solvent 

mixtures/blends containing, before use, a total of 10 percent or 

more, by volume, of one or more of the above non-halogenated 

solvents or those solvents listed in F001, F002, and F005; and still 

bottoms from the recovery of these spent solvents and spent 

solvent mixtures. 

(T) 

F005 The following spent non-halogenated solvents:

Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, 

pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent 

solvent mixtures/blends containing, before use, a total of 10 

percent or more, by volume, of one or more of the above nonhalogenated solvents or those solvents listed in F001, F002, or 

F004; and still bottoms from the recovery of these spent solvents 

and spent solvent mixtures. 

(I,T) 

F006 Wastewater treatment sludges from electroplating operations except 

from the following processes:

(1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon 

steel; (3) zinc plating (segregated basis) on carbon steel; (4) 

aluminum or zinc-aluminum plating on carbon steel; (5) 

cleaning/stripping associated with tin, zinc and aluminum plating 

on carbon steel; and (6) chemical etching and milling of aluminum. 

(T) 

F007 Spent cyanide plating bath solutions from electroplating operations. (R,T) 

F008 Plating bath residues from the bottom of plating baths from 

electroplating operations where cyanides are used in the process. 

(R,T) 

F009 Spent stripping and cleaning bath solutions from electroplating 

operations where cyanides are used in the process. 

(R,T) 

F010 Quenching bath residues from oil baths from metal heat treating 

operations where cyanides are used in the process. 

(R,T) 

F011 Spent cyanide solutions from salt bath pot cleaning from metal heat 

treating operations. 

(R,T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

30 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste Hazard

Code 

F012 Quenching waste water treatment sludges from metal heat treating 

operations where cyanides are used in the process. 

(T) 

F019 Wastewater treatment sludges from the chemical conversion coating 

of aluminum except from zirconium phosphating in aluminum can 

washing when such phosphating is an exclusive conversion coating 

process. 

(T) 

F020 Wastes, except wastewater and spent carbon from hydrogen 

chloride purification, from the production or manufacturing use, as a 

reactant, chemical intermediate, or component in a formulating 

process, of tri- or tetrachlorophenol, or of intermediates used to 

produce their pesticide derivatives. Wastes from the production of 

Hexachlorophene from highly purified 2,4,5-trichlorophenol shall 

not be included with the wastes listed under the F020 hazardous 

waste number. 

(H) 

F021 Wastes, except wastewater and spent carbon from hydrogen 

chloride purification, from the production or manufacturing use as a 

reactant, chemical intermediate, or component in a formulating 

process, of pentachlorophenol, or of intermediates used to produce 

its derivatives. 

(H) 

F022 Wastes, except wastewater and spent carbon from hydrogen 

chloride purification, from the production or manufacturing use as a 

reactant, chemical intermediate, or component in a formulating 

process, of tetra-, penta-, or hexachlorobenzenes under alkaline 

conditions. 

(H) 

F023 Wastes, except wastewater and spent carbon from hydrogen 

chloride purification, from the production of materials on equipment 

previously used for the production or manufacturing use as a 

reactant, chemical intermediate, or component in a formulating 

process, of tri- and tetrachlorophenols. Wastes from equipment 

used only for the production or use of Hexachlorophene from highly 

purified 2,4,5-trichlorophenol shall not be included with the wastes 

listed under the F023 hazardous waste number. 

(H) 

F024 Process wastes, including but not limited to, distillation residues, 

heavy ends, tars, and reactor clean-out wastes, from the production 

of certain chlorinated aliphatic hydrocarbons by free radical 

catalyzed processes. These chlorinated aliphatic hydrocarbons are 

those having carbon chain lengths ranging from 1 to and including 

5, with varying amounts and positions of chlorine substitution. This 

listing does not include wastewaters, wastewater treatment sludges, 

spent catalysts, and wastes listed in Env-Hw 402.06 and 402.07. 

(T) 

F025 Condensed light ends, spent filters and filter aids, and spent 

desiccant wastes from the production of certain chlorinated aliphatic 

hydrocarbons, by free radical catalyzed processes. These 

chlorinated aliphatic hydrocarbons are those having carbon chain 

lengths ranging from 1 to and including 5, with varying amounts and 

positions of chlorine substitution. 

(T) 

F026 Wastes, except wastewater and spent carbon from hydrogen 

chloride purification, from the production of materials on equipment 

previously used for the manufacturing use, as a reactant, chemical 

(H) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

31 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste Hazard

Code 

intermediate, or component in a formulating process, of tetra-, 

penta-, or hexachlorobenzene under alkaline conditions. 

F027 Discarded unused formulations containing tri-, tetra-, or 

pentachlorophenol or discarded unused formulations containing 

compounds derived from these chlorophenols. Formulations 

containing Hexachlorophene synthesized from prepurified 2,4,5-

trichlorophenol as the sole component shall not be included with the 

wastes listed under the F027 hazardous waste number. 

(H) 

F028 Residues resulting from the incineration or thermal treatment of soil 

contaminated with EPA Hazardous Waste Numbers F020, F021, 

F022, F023, F026, and F027. 

(T) 

 (b) The hazard codes (I, T) shall be used to specify mixtures of F003 with F001, F002, F004, and 

F005 wastes which would then contain ignitable and toxic constituents.

 (c) New Hampshire listed generic process wastes shall be as listed in Table 4.6 below:

Table 4.6 New Hampshire Generic Process Wastes 

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste Hazard 

Code 

NH01 Used Oil (T) 

NH51 to NH74 Reserved 

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-B, eff 11-26-96; 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 400) ss by 

#9367, eff 1-28-09

 Env-Hw 402.07 Specific Industrial Process Wastes.

 (a) EPA listed specific industrial process wastes shall be as listed in Table 4.7 below:

Table 4.7 EPA Specific Industrial Process Wastes 

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

Wood Preservation: 

K001 Bottom sediment sludge from the treatment of wastewaters from 

wood preserving processes that use creosote and/or 

pentachlorophenol. 

(T) 

Inorganic Pigments: 

K002 Wastewater treatment sludge from the production of chrome 

yellow and orange pigments. 

(T) 

K003 Wastewater treatment sludge from the production of molybdate 

orange pigments. 

(T) 

K004 Wastewater treatment sludge from the production of zinc yellow 

pigments. 

(T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

32 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

K005 Wastewater treatment sludge from the production of chrome 

green pigments. 

(T) 

K006 Wastewater treatment sludge from the production of chrome 

oxide green pigments (anhydrous and hydrated). 

(T) 

K007 Wastewater treatment sludge from the production of iron blue 

pigments. 

(T) 

K008 Oven residue from the production of chrome oxide green 

pigments. 

(T) 

Organic Chemicals: 

K009 Distillation bottoms from the production of acetaldehyde from 

ethylene. 

(T) 

K010 Distillation side cuts from the production of acetaldehyde from 

ethylene. 

(T) 

K011 Bottom stream from the wastewater stripper in the production of 

acrylonitrile. 

(R,T) 

K013 Bottom stream from the acetonitrile column in the production of 

acrylonitrile. 

(R,T) 

K014 Bottoms from the acetonitrile purification column in the 

production of acrylonitrile. 

(T) 

K015 Still bottoms from the distillation of benzyl chloride. (T) 

K016 Heavy ends or distillation residues from the production of carbon 

tetrachloride. 

(T) 

K017 Heavy ends (still bottoms) from the purification column in the 

production of epichlorohydrin. 

(T) 

K018 Heavy ends from the fractionation column in ethyl chloride 

production. 

(T) 

K019 Heavy ends from the distillation of ethylene dichloride in 

ethylene dichloride production. 

(T) 

K020 Heavy ends from the distillation of vinyl chloride in vinyl 

chloride monomer production. 

(T) 

K021 Aqueous spent antimony catalyst waste from fluoromethanes 

production. 

(T) 

K022 Distillation bottom tars from the production of phenol/acetone 

from cumene. 

(T) 

K023 Distillation light ends from the production of phthalic anhydride 

from napthalene. 

(T) 

K024 Distillation bottoms from the production of phthalic anhydride 

from naphthalene. 

(T) 

K025 Distillation bottoms from the production of nitrobenzene by the 

nitration of benzene. 

(T) 

K026 Stripping still tails from the production of methyl ethyl pyridines. (T) 

K027 Centrifuge and distillation residues from toluene diisocyanate 

production. 

(R,T) 

K028 Spent catalyst from the hydrochlorinator reactor in the production 

of 1,1,1-trichloroethane. 

(T) 

K029 Waste from the product steam stripper in the production of 1,1,1-

trichloroethane. 

(T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

33 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

K030 Column bottoms or heavy ends from the combined production for 

trichloroethylene and perchloroethylene. 

(T) 

K083 Distillation bottoms from aniline production. (T) 

K085 Distillation or fractionation column bottoms from the production 

of chlorobenzenes. 

(T) 

K093 Distillation light ends from the production of phthalic anhydride 

from ortho-xylene. 

(T) 

K094 Distillation bottoms from the production of phthalic anhydride 

from ortho-xylene. 

(T) 

K095 Distillation bottoms from the production of 1,1,1-trichloroethane. (T) 

K096 Heavy ends from the heavy ends column from the production of 

1,1,1-trichloroethane 

(T) 

K103 Process residues from aniline extraction from the production of 

aniline. 

(T) 

K104 Combined wastewater streams generated from nitrobenzene/ 

aniline production. 

(T) 

K105 Separated aqueous stream from the reactor product washing step 

in the production of chlorobenzenes. 

(T) 

K107 Column bottoms from product separation from the production of 

1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides. 

(C,T) 

K108 Condensed column overheads from product separation and 

condensed reactor vent gases from the production of 1,1- 

dimethylhydrazine (UDMH) from carboxylic acid hydrazides. 

(I,T) 

K109 Spent filter cartridges from product purification from the 

production of 1,1-dimethylhydrazine (UDMH) from carboxylic 

acid hydrazides. 

(T) 

K110 Condensed column overheads from immediate separation from the 

production of 1,1-dimethylhydrazine (UDMH) from carboxylic 

acid hydrazides. 

(T) 

K111 Product washwaters from the production of dinitrotoluene via 

nitration of toluene. 

(C,T) 

K112 Reaction by-product water from the drying column in the 

production of toluenediamine via hydrogenation of dinitrotoluene. 

(T) 

K113 Condensed liquid light ends from the purification of 

toluenediamine in the production of toluenediamine via 

hydrogenation of dinitrotoluene. 

(T) 

K114 Vicinals from the purification of toluenediamine in the production 

of toluenediamine via hydrogenation of dinitrotoluene. 

(T) 

K115 Heavy ends from the purification of toluenediamine in the 

production of toluenediamine via hydrogenation of dinitrotoluene. 

(T) 

K116 Organic condensate from the solvent recovery column in the 

production of toluene diisocyanate via phosgenation of 

toluenediamine. 

(T) 

K117 Wastewater from the reactor vent gas scrubber in production of 

ethylene dibromide via bromination of ethene. 

(T) 

K118 Spent adsorbent solids from purification of ethylene dibromide in 

the production of ethylene dibromide via bromination of ethene. 

(T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

34 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

K136 Still bottoms from the purification of ethylene dibromide in the 

production of ethylene dibromide via bromination of ethene. 

(T) 

K149 Distillation bottoms from the production of alpha- or methylchlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, 

and compounds with mixtures of these functional groups. This 

waste does not include still bottoms from the distillation of benzyl 

chloride. 

(T) 

K150 Organic residuals, excluding spent carbon adsorbent, from the 

spent chlorine gas and hydrochloric acid recovery processes 

associated with the production of alpha- or methyl- chlorinated 

toluenes, ring-chlorinated toluenes, benzoyl chlorides, and 

compounds with mixtures of these functional groups.

(T) 

K151 Wastewater treatment sludges, excluding neutralization and 

biological sludges, generated during the treatment of wastewaters 

from the production of alpha- or methyl- chlorinated toluenes, 

ring-chlorinated toluenes, benzoyl chlorides, and compounds with 

mixtures of these functional groups. 

(T) 

Inorganic Chemicals: 

K071 Brine purification muds from the mercury cell process in chlorine 

production, where separately prepurified brine is not used. 

(T) 

K073 Chlorinated hydrocarbon waste from the purification step of the 

diaphragm cell process using graphite. 

(T) 

K106 Wastewater treatment sludge from the mercury cell process in 

chlorine production. 

(T) 

Pesticides: 

K031 By-product salts generated in the production of MSMA and 

cacodylic acid. 

(T) 

K032 Wastewater treatment sludge from the production of chlordane. (T) 

K033 Wastewater and scrub water from the chlorination of 

cyclopentadiene in the production of chlordane. 

(T) 

K034 Filter solids from the filtration of hexachlorocyclo-pentadiene in 

the production of chlordane. 

(T) 

K035 Wastewater treatment sludges generated in the production of 

creosote. 

(T) 

K036 Still bottoms from toluene reclamation distillation in the 

production of disulfoton. 

(T) 

K037 Wastewater treatment sludges from the production of disulfoton. (T) 

K038 Wastewater from the washing and stripping of phorate production. (T) 

K039 Filter cake from the filtration of diethylphosphorodithioic acid in 

the production of phorate. 

(T) 

K040 Wastewater treatment sludge from the production of phorate. (T) 

K041 Wastewater treatment sludge from the production of toxaphene. (T) 

K042 Heavy ends or distillation residues from the distillation of 

tetrachlorobenzene in the production of 2,4,5-T. 

(T) 

K043 2,6-Dichlorophenol waste from the production of 2,4-D (T) 

K097 Vacuum stripper discharge from the chlordane chlorinator in the 

production of chlordane. 

(T) 

K098 Untreated process wastewater from the production of toxaphene. (T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

35 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

K099 Untreated wastewater from the production of 2,4-D (T) 

K123 Process wastewater, including supernates, filtrates and 

washwaters, from the production of ethylenebisdithiocarbamic 

acid and its salt. 

(T) 

K124 Reactor vent scrubber water from the production of 

ethylenebisdithiocarbamic acid and its salts. 

(C,T) 

K125 Filtration, evaporation, and centrifugation solids from the 

production of ethylenebisdithiocarbamic acid and its salts. 

(T) 

K126 Baghouse dust and floor sweepings in milling and packaging 

operations from the production or formulation of 

ethylenebisdithiocarbamic acid and its salts. 

(T) 

K131 Wastewater from the reactor and spent sulfuric acid from the acid 

dryer from the production of methyl bromide. 

(C,T) 

K132 Spent absorbent and wastewater separator solids from the 

production of methyl bromide. 

(T) 

Explosives: 

K044 Wastewater treatment sludges from the manufacturing processing 

of explosives. 

(R) 

K045 Spent carbon from the treatment of wastewater containing 

explosives. 

(R) 

K046 Wastewater treatment sludges from the manufacturing, 

formulation and loading of lead-based initiating compounds. 

(T) 

K047 Pink/red water from TNT operations. (R) 

Petroleum Refining: 

K048 Dissolved air flotation (DAF) float from the petroleum refining 

industry. 

(T) 

K049 Slop oil emulsion solids from the petroleum refining industry. (T) 

K050 Heat exchanger bundle cleaning sludge from the petroleum 

refining industry. 

(T) 

K051 API separator sludge from the petroleum refining industry. (T) 

K052 Tank bottoms (leaded) from the petroleum refining industry. (T) 

Iron and Steel: 

K061 Emission control dust/sludge from the primary production of steel 

in electric furnaces. 

(T) 

K062 Spent pickle liquor generated by steel finishing operations of 

facilities within the iron and steel industry (SIC codes 331 and 

332). 

(C,T) 

Primary copper: 

K064 Acid plant blowdown slurry/sludge resulting from the thickening 

of blowdown slurry from primary copper production. 

(T) 

Primary lead: 

K065 Surface impoundment solids contained in and dredged from 

surface impoundments at primary lead smelting facilities. 

(T) 

Primary zinc: 

K066 Sludge from treatment of process wastewater and/or acid plant 

blowdown from primary zinc production. 

(T) 

Primary aluminum: 

K088 Spent potliners from primary aluminum reduction. (T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

36 Env-Hw 400

Industry and 

EPA Hazardous 

Waste Number 

Hazardous Waste 

Hazard

Code 

Ferroalloys: 

K090 Emission control dust or sludge from ferrochromium-silicon 

production. 

(T) 

K091 Emission control dust or sludge from ferrochromium production. (T) 

Secondary Lead: 

K069 Emission control dust/sludge from secondary lead smelting. (T) 

K100 Waste leaching solution from acid leaching of emission control 

dust/sludge from secondary lead smelting. 

(T) 

Veterinary Pharmaceuticals: 

K084 Wastewater treatment sludges generated during the production of 

veterinary pharmaceuticals from arsenic or organo-arsenic 

compounds. 

(T) 

K101 Distillation tar residues from the distillation of aniline-based 

compounds in the production of veterinary pharmaceuticals from 

arsenic or organo-arsenic compounds. 

(T) 

K102 Residue from the use of activated carbon for decolorization in the 

production of veterinary pharmaceuticals from arsenic or organoarsenic compounds. 

(T) 

Ink Formulation: 

K086 Solvent washes and sludges, caustic washes and sludges, or water 

washes and sludges from cleaning tubs and equipment used in the 

formulation of ink from pigments, driers, soaps, and stabilizers 

containing chromium and lead. 

(T) 

Coking: 

K060 Ammonia still lime sludge from coking operations. (T) 

K087 Decanter tank tar sludge from coking operations. (T) 

K141 Process residues from the recovery of coal tar, including but not 

limited to, collecting sump residues from the production of coke 

from coal tar or the recovery of coke by-products produced from 

coal. This listing does not include K087 (decanter tank tar sludges 

from coking operations). 

(T) 

K142 Tar storage tank residues from the production of coke from coal or 

from the recovery of coke by-products produced from coal. 

(T) 

K143 Process residues from the recovery of light oil, including but not 

limited to, those generated in stills, decanters, and wash oil 

recovery units from the recovery of coke by-products produced 

from coal. 

(T) 

K144 Wastewater sump residues from light oil refining, including but 

not limited to, intercepting or contamination sump sludges from 

the recovery of coke by-products produced from coal. 

(T) 

K145 Residues from naphthalene collection and recovery operations 

from the recovery of coke by-products produced from coal. 

(T) 

K147 Tar storage tank residues from coal tar refining. (T) 

K148 Residues from coal tar distillation, including but not limited to, 

still bottoms. 

(T) 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

37 Env-Hw 400

 (b) New Hampshire specific industrial process wastes shall be as listed in Table 4.8 below:

Table 4.8 New Hampshire Specific Industrial Wastes

NH Hazardous Waste Hazardous Waste 

NH75 to NH97 Reserved 

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-B, eff 11-26-96; 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 400) ss by 

#9367, eff 1-28-09; amd by #10205, eff 10-19-12

PART Env-Hw 403 CHARACTERISTIC HAZARDOUS WASTES

 Env-Hw 403.01 Characteristic Hazardous Wastes.

 (a) A waste shall be considered a hazardous waste if it exhibits any of the characteristics identified in 

Env-Hw 403.

 (b) For purposes of Env-Hw 403 and Env-Hw 405.03, the department shall consider a sample 

obtained using a sampling method appropriate for the waste as specified in 40 CFR 261 Appendix I, 7-1-07 

edition, to be a representative sample as defined in Env-Hw 104.

Source. #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 400) ss by #9367, eff 1-28-09

 Env-Hw 403.02 Hazardous Waste Numbers.

 (a) The hazardous waste numbers assigned by EPA for characteristic hazardous wastes shall be as 

set forth in Env-Hw 403.03, Env-Hw 403.04, Env-Hw 403.05, and Env-Hw 403.06.

 (b) EPA hazardous waste numbers or NH hazardous waste numbers for characteristic hazardous 

wastes shall be used in complying with the notification, labeling, manifest and recordkeeping and reporting 

requirements of Env-Hw 500, Env-Hw 600, Env-Hw 700, and Env-Hw 800.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 403.03 Ignitability.

 (a) A waste that exhibits the characteristic of ignitability but is not listed as a hazardous waste in EnvHw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) and is not a mixture under EnvHw 404.01(a) shall be assigned the EPA hazardous waste number of D001.

 (b) A waste shall be classified under these rules as ignitable if a representative sample of the waste 

has any of the following characteristics:

(1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by 

volume, and has a flash point less than 60°C (140°F) as determined by:
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

38 Env-Hw 400

a. A Pensky-Martens Closed Cup Tester, using the test method specified in ASTM 

Standard D-93-79 or D-93-80, incorporated by reference at Env-Hw 401.06;

b. A Setaflash Closed Cup Tester, using the test method specified in ASTM Standard D3278-78; or

c. As determined by an equivalent test method approved by the administrator of EPA 

pursuant to 40 CFR 260.20 and 40 CFR 260.21, 7-1-07 edition;

(2) It is not a liquid and is capable, under standard temperatures and pressure, of causing fire 

through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, it 

burns so vigorously and persistently that it creates a hazard;

(3) It is an ignitable compressed gas or a flammable gas as defined by the US DOT at 49 CFR 

173.115(a), 10-1-07 edition and as determined by the test method described in that regulation or 

an equivalent test method approved by the administrator of EPA pursuant to 40 CFR 260.20, 7-1-

07 edition; or

(4) It is an oxidizer as defined by 49 CFR 173.127, 10-1-07 edition.

Source. #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 400) ss by #9367, eff 1-28-09

 Env-Hw 403.04 Corrosivity.

 (a) A waste that exhibits the characteristic of corrosivity but is not listed as a hazardous waste in EnvHw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) and is not a mixture under EnvHw 404.01(a) shall be assigned the EPA hazardous waste number of D002 if it meets the criteria set forth in 

(b)(1) or (2), below, and the NH hazardous waste number of NH02 if it meets the criteria set forth in (b)(3), 

below.

 (b) A waste shall be classified under these rules as corrosive if a representative sample has any of the 

following characteristics: 

(1) It is aqueous and has a pH of less than or equal to 2, or greater than or equal to 12.5, as 

determined by a pH meter using either Method 9040 in SW-846, as defined in Env-Hw 104 and 

incorporated by reference at Env-Hw 401.06, or an equivalent test method approved by the 

administrator of EPA under the procedures set forth in 40 CFR 260.20 and 40 CFR 260.21, 7-1-

07 edition;

(2) It is a liquid and corrodes steel (SAE 1020) at a rate of greater than 6.35 mm or 0.250 inch 

per year at a test temperature of 55°C (130°F) as determined by the test method specified in 

National Association of Corrosion Engineers (NACE) Standard TM-01-69 as standardized in 

SW-846, or an equivalent test method approved by the administrator of EPA under the 

procedures set forth in 40 CFR 260.20 and 40 CFR 260.21, 7-1-07 edition; or

(3) It is a non-aqueous waste that when mixed 50% by weight with distilled water, or a gaseous 

material that when mixed with distilled water to form a 2 molar solution, yields a pH less than 

or equal to 2 or greater than or equal to 12.5 as measured with a pH meter using the protocol 

specified in US EPA publication SW-846 Method 9045D, available as noted in Appendix A. 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

39 Env-Hw 400

 (c) Wastes specified in (b)(3) above shall have the NH hazardous waste number of NH02.

Source. #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 400) ss by #9367, eff 1-28-09; amd by 

#10205, eff 10-19-12

 Env-Hw 403.05 Reactivity.

 (a) A waste that exhibits the characteristic of reactivity but is not listed in Env-Hw 402.04(b), EnvHw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) and is not a mixture under Env-Hw 404.01(a) shall 

be assigned the EPA hazardous waste number of D003.

 (b) A waste shall be considered reactive if a representative sample has any of the following 

characteristics:

(1) It is unstable and readily undergoes violent change without detonation under standard 

conditions of temperature and pressure;

(2) It reacts violently with water or air;

(3) It forms potentially explosive mixtures with water or air;

(4) If mixed with water or exposed to air, it generates toxic gases, fumes, or vapors in a 

quantity sufficient to present a danger to human health or the environment;

(5) It is a cyanide or sulfide-bearing waste, which, when exposed to pH conditions between 2 

and 12.5 can generate toxic gases, fumes, or vapors in a quantity sufficient to present a danger 

to human health or the environment;

(6) It is capable of detonation or explosive reaction if it is subjected to an initiating force, or if 

heated in confinement;

(7) It is capable of detonation or an explosive decomposition or reaction at standard 

temperature and pressure; or

(8) It is a forbidden explosive as defined by 49 CFR 173.54, 10-1-07 edition, or a division 1.1 

explosive as defined by 49 CFR 173.50(b)(1), 10-1-07 edition, or a division 1.2 explosive as 

defined by 49 CFR 173.50(b)(2), 10-1-07 edition, or a division 1.3 explosive as defined by 49 

CFR 173.50(b)(3), 10-1-07 edition.

Source. #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 400) ss by #9367, eff 1-28-09

Env-Hw 403.06 Toxicity Characteristic.

 (a) A waste shall be considered to exhibit the characteristic of toxicity if, using the toxicity 

characteristic leaching procedure, test method 1311 in SW-846, as defined in Env-Hw 104 and incorporated 

by reference in Env-Hw 401.06, the extract from a representative sample of the waste contains any of the 

contaminants listed in (d), below, at a concentration equal to or greater than the respective value in that table.

 (b) Where the waste contains less than 0.5 percent filterable solids, the waste, by itself, after filtering, 

shall be considered to be the extract.
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

40 Env-Hw 400

 (c) A waste that exhibits the characteristic of toxicity but is not listed as a hazardous waste in Env-Hw 

402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a) shall be assigned the EPA hazardous 

waste number specified in (d), below, which corresponds to the toxic contaminant causing it to be hazardous.

 (d) Contaminants, EPA hazardous waste numbers, and maximum allowable concentrations shall be 

listed in Table 4.9 below:

Table 4.9 Maximum Concentration of Contaminants for the Toxicity Characteristic 

EPA 

Hazardous 

Waste 

Number 

Contaminant 

Chemical 

Abstract 

Number 

Regulatory Level 

(milligrams per 

liter) 

D004 Arsenic 7440-38-2 5.0 

D005 Barium 7440-39-3 100.0 

D018 Benzene 71-43-2 0.5 

D006 Cadmium 7440-43-9 1.0 

D019 Carbon tetrachloride 56-23-5 0.5 

D020 Chlordane 57-74-9 0.03 

D021 Chlorobenzene 108-90-7 100.0 

D022 Chloroform 67-66-3 6.0 

D007 Chromium 7440-47-3 5.0 

D023 o-Cresol 95-48-7 200.0 

D024 m-Cresol 108-39-4 200.0 

D025 p-Cresol 106-44-5 200.0 

D026 Cresol ............ 200.0 

D016 2,4-D 94-75-7 10.0 

D027 1,4-Dichlorobenzene 106-46-7 7.5 

D028 1,2-Dichloroethane 107-06-2 0.5 

D029 1,1-Dichloroethylene 75-35-4 0.7 

D030 2,4-Dinitrotoluene 121-14-2 0.13 

D012 Endrin 72-20-8 0.02 

D031 Heptachlor (and its epoxide). 76-44-8 0.008 

D032 Hexachlorobenzene 118-74-1 0.13 

D033 Hexachlorobutadiene 87-68-3 0.5 

D034 Hexachloroethane 67-72-1 3.0 

D008 Lead 7439-92-1 5.0 

D013 Lindane 58-89-9 0.4 

D009 Mercury 7439-97-6 0.2 

D014 Methoxychlor 72-43-5 10.0 

D035 Methyl ethyl ketone 78-93-3 200.0 

D036 Nitrobenzene 98-95-3 2.0 

D037 Pentachlorophenol 87-86-5 100.0 

D038 Pyridine 110-86-1 5.0 
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

41 Env-Hw 400

EPA 

Hazardous 

Waste 

Number 

Contaminant 

Chemical 

Abstract 

Number 

Regulatory Level 

(milligrams per 

liter) 

D010 Selenium 7782-49-2 1.0 

D011 Silver 7440-22-4 5.0 

D039 Tetrachloroethylene 127-18-4 0.7 

D015 Toxaphene 8001-35-2 0.5 

D040 Trichloroethylene 79-01-6 0.5 

D041 2,4,5-Trichlorophenol 95-95-4 400.0 

D042 2,4,6-Trichlorophenol 88-06-2 2.0 

D017 2,4,5-TP (Silvex) 93-72-1 1.0 

D043 Vinyl chloride 75-01-4 0.2 

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; amd by 

#6384-B, eff 11-26-96; ss 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 400) ss by 

#9367, eff 1-28-09

PART Env-Hw 404 OTHER HAZARDOUS WASTES

 Env-Hw 404.01 Hazardous Waste Mixtures.

 (a) The following mixtures shall be regulated as hazardous wastes:

(1) Any waste or material, mixed with any waste listed in Env-Hw 402.04(b), Env-Hw 

402.05(b), Env-Hw 402.06(a) or Env-Hw 402.07(a), unless the listed waste has been excluded 

from regulation as a hazardous waste pursuant to: 

a. 40 CFR 260.20, 40 CFR 260.22, and Env-Hw 406; or 

b. Env-Hw 401.03(j); or 

(2) Any waste or material, mixed with any waste exhibiting a hazardous waste characteristic 

identified in Env-Hw 403, if the resultant mixture exhibits one or more of the hazardous 

characteristics identified in Env-Hw 403 or by the department in accordance with Env-Hw 

405.03.

 (b) Mixing, neutralizing, diluting, or otherwise treating any hazardous waste or other material 

regulated under Env-Hw 400 shall constitute hazardous waste treatment. Any such treatment shall comply 

with all permit requirements and facility standards.

Source. #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; amd by 

#7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09; amd by #10205, eff 10-19-12
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

42 Env-Hw 400

 Env-Hw 404.02 Spill Residues and Contaminated Soil, Water and Debris. Any residue or 

contaminated soil, water or other debris resulting from the spill or cleanup of a spill into or on any land or 

water of any hazardous waste or any material listed in Env-Hw 402 shall be regulated as a hazardous waste 

mixture in accordance with Env-Hw 404.01.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 404.03 Treatment, Storage, or Disposal Residues.

 (a) Any waste generated from the treatment, storage, or disposal of a hazardous waste, including any

sludge, spill residue, ash, emission control dust, or leachate, including precipitation run-off that exhibits a 

hazardous characteristic, shall be considered a hazardous waste except as provided by Env-Hw 401.03(b)(15) 

or Env-Hw 401.03(j). 

 (b) Materials that are reclaimed from wastes and that are used beneficially shall not be wastes and so 

shall not be considered hazardous wastes under this chapter unless the reclaimed material is burned for 

energy recovery or used in a manner constituting disposal.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09; ss by #10205, eff 10-19-12

 Env-Hw 404.04 Hazardous Waste Residues in Empty Containers.

 (a) Hazardous waste residue remaining in either an empty container or an inner liner removed from an

empty container, as defined in Env-Hw 401.03(h), shall not be subject to regulation under the hazardous 

waste rules, provided that the residue is not mixed with any other material and remains in its original 

container or inner liner.

 (b) Any hazardous waste residue or mixture of residue with other material which leaves the confines 

of a container after the container has been determined to be empty in accordance with Env-Hw 401.03(h), 

including washwaters, solvents and other materials generated in the process of cleaning and purging, shall be 

subject to regulation under Env-Hw 404 as a hazardous waste mixture.

Source. #5886, eff 8-26-94; ss by #7333, eff 8-1-00; ss by 

#9215, INTERIM, eff 8-1-08; (See Revision Note at chapter 

heading for Env-Hw 400) ss by #9367, eff 1-28-09

PART Env-Hw 405 LISTING AND IDENTIFYING ADDITIONAL HAZARDOUS WASTES

 Env-Hw 405.01 Procedure for Listing New Hampshire Listed Wastes.

 (a) The department shall list a waste as a New Hampshire listed hazardous waste in Env-Hw 402.04 

or Env-Hw 402.05 if the department determines that the waste meets the criteria set forth in Env-Hw 405.02.

 (b) The department shall list in Env-Hw 402.04 or Env-Hw 402.05 as hazardous any waste shown by 

the public or industry to meet the criteria set forth in Env-Hw 405.02.

 (c) The procedure for listing additional New Hampshire listed hazardous wastes shall conform with 

RSA 541-A:3.
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

43 Env-Hw 400

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 405.02 Criteria for Listing a Hazardous Waste.

 (a) The department shall list a waste as a New Hampshire acutely hazardous waste in Env-Hw 

402.04(c) only upon determining that the waste meets one of the following criteria:

(1) It has been found to be fatal to humans in low doses;

(2) In the absence of data on human toxicity, it has been shown in studies to have:

a. An oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram;

b. An inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter; or

c. A dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram; or

(3) Is otherwise capable of causing or significantly contributing to an increase in serious 

irreversible, or incapacitating reversible, illness.

 (b) The department shall list a waste as a New Hampshire toxic hazardous waste in Env-Hw 402.05(c) 

if it contains any of the toxic constituents listed in 40 CFR 261 Appendix VIII, 7-1-07 edition and, after 

considering the following factors, the department concludes that the waste is capable of posing a substantial 

present or potential hazard to human health or the environment when improperly treated, stored, transported 

or disposed of, or otherwise managed:

(1) The nature of the toxicity presented by the constituent;

(2) The concentration of the constituent in the waste;

(3) The potential of the constituent or any toxic degradation product of the constituent to 

migrate from the waste into the environment under the types of improper management 

considered in (b)(7), below;

(4) The persistence of the constituent or any toxic degradation product of the constituent;

(5) The potential for the constituent or any toxic degradation product of the constituent to 

degrade into non-harmful constituents and the rate of degradation;

(6) The degree to which the constituent or any degradation product of the constituent 

bioaccumulates in ecosystems;

(7) The plausible types of improper management to which the waste could be subjected;

(8) The quantities of the waste generated at individual generation sites or on a regional or 

national basis;

(9) The nature and severity of the human health and environmental damage that has occurred as 

a result of the improper management of wastes containing the constituent;

(10) Action taken by other governmental agencies or regulatory programs based on the health 

or environmental hazard posed by the waste or waste constituent; and
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

44 Env-Hw 400

(11) Such other factors relevant to the determination as brought to the department's attention by 

any person or agency.

 (c) The department shall list classes or types of waste as hazardous waste if it has reason to believe 

that individual wastes, within the class or type of waste, typically or frequently are hazardous under the 

definition of hazardous waste found in RSA 147-A:2, VII.

Source. #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 400) ss by #9367, eff 1-28-09

 Env-Hw 405.03 Criteria for Identifying Characteristic Wastes. The department shall identify and 

define a characteristic of hazardous waste only upon determining that:

 (a) A waste that exhibits the characteristic may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or 

incapacitating reversible illness; or

(2) Pose a present or potential hazard to human health or the environment when it is improperly 

treated, stored, transported, disposed of or otherwise managed; and

 (b) The characteristic can be:

(1) Measured by an available standardized test method which is within the capability of 

generators of waste or private sector laboratories that are available to serve generators of waste; 

or

(2) Detected by generators of waste through their knowledge of their waste.

Source. #5886, eff 8-26-95; ss by #7333, eff 8-1-00; ss by 

#9215, INTERIM, eff 8-1-08; (See Revision Note at chapter 

heading for Env-Hw 400) ss by #9367, eff 1-28-09

PART Env-Hw 406 DELISTING HAZARDOUS WASTES

 Env-Hw 406.01 Requests for Delisting.

 (a) Any person may petition the department to request delisting of the hazardous waste generated at a 

particular facility provided that:

(1) The waste is listed in Env-Hw 402.04(c), Env-Hw 402.05(c), Env-Hw 402.06(c), or EnvHw 402.07(b); or

(2) The waste is listed in Env-Hw 402.04(b), Env-Hw 402.05(b), Env-Hw 402.06(a), or EnvHw 402.07(a), and EPA has excluded the waste generated at the facility pursuant to 40 CFR 

260.20 and 40 CFR 260.22, 7-1-07 edition and listed it in 40 CFR 261 Appendix IX, 7-1-07 

edition.

 (b) A delisting petition shall only apply to the hazardous waste generated at the individual facility 

named in the petition.

Source. #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 400) ss by #9367, eff 1-28-09
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

45 Env-Hw 400

 Env-Hw 406.02 Requirements for Delisting.

 (a) The petitioner shall be granted a delisting providing the requirements of Env-Hw 200 and the 

requirements of this section are met.

 (b) The petitioner shall demonstrate the following:

(1) The waste produced by a particular generating facility fails to meet any of the criteria under 

which the waste was listed as a hazardous waste;

(2) The waste is not capable of posing a significant present or potential threat to human health 

or the environment when improperly treated, stored, transported, disposed of, or otherwise 

mismanaged;

(3) Factors to be used in determining the threat capability set forth in (b)(2), above, shall 

include those set forth in 40 CFR 261.11(a)(3), 7-1-07 edition;

(4) The waste for which delisting is requested is not ignitable, corrosive, reactive, or toxic, as 

defined in Env-Hw 403;

(5) The waste does not contain any of the hazardous waste constituents listed in Appendix VIII 

of 40 CFR 261, 7-1-07 edition, using the appropriate test methods prescribed in 40 CFR 261 

Appendix I, 7-1-07 edition, or although containing one or more of the constituents in Appendix 

VII or Appendix VIII, that the waste does not meet the criterion of Env-Hw 405.02(b);

(6) The waste does not meet the criteria of 40 CFR 261.11(a)(2), 7-1-07 edition; and

(7) All test methods and procedures are in conformance with the procedures, methods, and 

requirements referenced in (f) through (h), below, and in 40 CFR 260.11 and 40 CFR Part 261, 

7-1-07 edition, or with any other method approved by EPA prior to filing a petition for delisting.

 (c) The petitioner shall provide the following to the department:

(1) The petitioner's name and address;

(2) The location of the facility generating the waste for which the delisting is requested, along 

with a plot plan identifying the facility and surrounding properties located within 1,000 feet of 

the facility;

(3) A statement of the delisting action requested;

(4) A statement of the petitioner's interest in the delisting action requested;

(5) A statement of the petitioner's need and justification for the delisting action requested;

(6) A description of the waste for which the delisting is requested including a statement as to 

which category of waste in Env-Hw 402.01 it may be classified;

(7) An estimate of the average and the maximum quantities of the waste for which the delisting 

is requested generated monthly and annually;

(8) A description and flow diagram of the process generating the waste for which delisting is 

requested;

(9) A list, description, and schematic diagram for each process which may contribute waste, 

wastewater, or rinsewater to the waste for which delisting is requested;
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

46 Env-Hw 400

(10) A complete list of all raw materials, and, where known, intermediates, by-products, and 

products used in the manufacturing process grouped by sub-process;

(11) Copies of manufacturer's material safety data sheets and supplier's technical specification 

sheets for all materials including but not limited to solvents, acid cleaners, surface preparation 

agents, and paints used in the petitioner's manufacturing processes;

(12) An assessment of whether the manufacturing processes, facility operations, or feed 

materials can or might produce a waste that is not covered by the petition;

(13) A description of all tests performed on the waste for which delisting is requested and 

copies of all analytical results;

(14) A description of the methodologies and equipment used to obtain representative samples 

of the waste;

(15) A description of sample handling and preparation techniques, including those for 

extraction, containerization, and preservation of samples;

(16) Sampling and testing dates;

(17) The name and address of laboratory facilities sampling or testing the wastes for which 

delisting is requested;

(18) The names and qualifications of those doing the sampling and/or testing of the waste for 

which delisting is requested;

(19) The names, model numbers, year of manufacture, and last date of calibration of all 

instruments used in performing the tests referred to in Env-Hw 406.02(c)(13);

(20) A plan for treatment, storage or disposal of the delisted waste if delisting of the waste is to 

be permitted by the department; and

(21) The following statement signed by the generator of the waste for which delisting is 

requested or the generator’s authorized representative:

"I certify under penalty of law that I have personally examined and am familiar with the 

information submitted in this petition and all attached documents, and that, based on my 

inquiry of those individuals immediately responsible for obtaining or generating the 

information, I believe that the submitted information is true, accurate, and complete. I am 

aware that there are significant penalties for submitting false information, including the 

possibility of fine and imprisonment."

 (d) After receiving a petition for delisting, the department shall request any other additional 

information which is reasonably required to evaluate the petition.

 (e) The following factors shall be used by the department in defining whether a reasonable basis 

exists:

(1) A 40 CFR Part 261 Appendix VIII, 7-1-07 edition, toxicant is used as a raw material or 

intermediate;

(2) A 40 CFR Part 261 Appendix VIII, 7-1-07 edition, toxicant is used in the process as a 

catalyst, reactant, inhibitor, binder, or enhancer;
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

47 Env-Hw 400

(3) A 40 CFR Part 261 Appendix VIII, 7-1-07 edition, toxicant is produced as a by-product or 

product;

(4) Analytical data presented in the petition discloses that hazardous levels of toxicants are 

contained in the waste;

(5) Process chemistry of reactions conducted at the facility indicate the formation of toxic byproduct contaminants;

(6) Industry study data shows presence of other toxic constituents;

(7) Other data collected through review of scientific, toxicological and industrial literature 

indicates the presence of additional hazardous constituents;

(8) Compliance history of the petitioner;

(9) Operational data collected during state of New Hampshire inspection visits; and

(10) Other factors that are relevant to the determination as brought to the department's attention 

by any person or agency.

 (f) The petitioner shall perform the following tests and analyses and submit the results to the 

department:

(1) If other hazardous waste constituents are found to be present in the waste stream, the 

percentage of the oil content in the waste stream by analyzing at least 4 representative samples 

using ASTM Method 502D from Standard Methods, 15th edition, 1980;

(2) Total organic carbon and report results on the representative samples using Methods No. 

415.1 - Total Organic Carbon (Combustion or Oxidation) of Methods for Chemical Analysis of 

Water and Wastes as printed by the U.S. Environmental Protection Agency, March 1979;

(3) For wastes containing or processes using cyanide, the petitioner shall perform the following 

tests:

a. For liquids, total and free cyanide or cyanide amenable to chlorination, tests run on 

representative waste samples using Method #9010 in SW-846;

b. For solids and semi-solids, the cyanide extraction procedure, ASTM method number 

412.2A and B (from Standard Methods, l5th edition, 1980), to determine the total soluble 

and insoluble cyanide;

c. If the cyanide tests run in a. and b., above, indicate that there is an interference in the 

waste producing non-representative concentrations, then a detailed explanation of this 

interference shall be submitted and the waste shall be tested on at least four representative 

waste samples using Test Method for the Determination of Reactive Cyanide and Sulfide 

Containing Wastes, Final Method, and Proposed Revision of D2036-81C for the 

Determination of Reactive Cyanide in Solid Waste; and

d. If total cyanide exceeds 10 ppm in clause a above, the appropriate test as determined 

by the selection method found in Standard Methods, 15th edition, Section 412-3, shall be 

performed on representative waste samples;

(4) For organic wastes, total content of all hazardous constituents shall be quantified in 

representative waste samples using Method Nos. 8250, 8260, and 8270 in SW-846; and
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

48 Env-Hw 400

(5) For reactive wastes, representative waste samples shall be tested using the Department of 

the Army's Detonation Test, Ignition and Unconfined Burning Test, Thermal Stability Test, 

Card Gap Test, and Impact Sensitivity Test as set forth in Department of Army publication 

number TB700-2.

 (g) Representative samples shall consist of a sufficient number of samples, but in no case less than 4, 

and shall be taken over a period of time sufficient to represent the variability and the uniformity of the 

waste. A signed statement shall be provided by the petitioner verifying that the number of samples collected 

and analyzed is representative of any variation in constituent concentrations in the waste over time.

 (h) If hazardous waste constituents listed in Table 4.9 of Env-Hw 403 other than those for which 

delisting is requested might be present in the waste stream, the petitioner shall take representative samples of 

such waste stream and analyze those samples in order to quantify all hazardous waste constituents in the 

waste stream. A description and the results of all analyses performed shall be submitted to the department.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 406.03 Conditional Delisting.

 (a) The department shall grant delistings with or without conditions.

 (b) In cases where a delisting is granted with conditions, such conditions shall be based on the need 

for the petitioner to demonstrate periodically that the delisted waste is being managed in such a way that it 

does not pose a present or potential threat to human health or the environment.

 (c) In cases where a delisting is granted with conditions, such conditions shall include the following:

(1) Performing scheduled analytical testing on the delisted waste and reporting results;

(2) Quality assurance/quality control monitoring of the processes producing the delisted waste 

and reporting results; and

(3) For disposed wastes, design standards such as groundwater monitoring.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09

 Env-Hw 406.04 Partial Delisting. The department shall delist only part of the hazardous waste for 

which the petition is submitted if variability of the waste justifies this action.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by 

#7333, eff 8-1-00; ss by #9215, INTERIM, eff 8-1-08; (See 

Revision Note at chapter heading for Env-Hw 400) ss by 

#9367, eff 1-28-09
NEW HAMPSHIRE CODE OF ADMINISTRATIVE RULES

49 Env-Hw 400

APPENDIX A: INCORPORATION BY REFERENCE INFORMATION

Rule Title Obtain at: 

Env-Hw 

401.03(l)(1)a. 

EPA publication “SW-846 Test Methods 

for Evaluating Solid Waste, 

Physical/Chemical Methods”, Third 

Edition, November 1986, as amended by 

Update I dated July 1992, Update II 

dated September 1994, Update IIA dated 

August 1993, Update IIB dated January 

1995, Update III dated December 1996, 

Update IIIA dated April 1998, Update 

IIIB dated November 2004, and Update 

IV dated February 2007 

National Technical Information Service (NTIS) 

U.S. Department of Commerce

5285 Port Royal Road, Springfield, VA 22161

(800) 553-NTIS (800-553-6847) 

Free online at:

http://www.epa.gov/osw/hazard/testmethods/sw

846/online/9_series.htm 

Env-Hw 

403.04(b)(3) 

EPA publication “SW-846” Method 

9045D 

National Technical Information Service (NTIS) 

U.S. Department of Commerce 

5285 Port Royal Road, Springfield, VA 22161 

(800) 553-NTIS (800-553-6847) 

Free online at: 

http://www.epa.gov/osw/hazard/testmethods/sw8

46/online/9_series.htm 

APPENDIX B: EMERGENCY TELEPHONE NUMBERS

Organization Telephone Number Days/Hours 

DES Emergency Response Team (603) 271-3899 Monday through Friday; 8 a.m. to 4 p.m. 

N.H. State Police Headquarters 

Communications Unit (603) 223-4381 Every day; 24 hours per day 

APPENDIX C: STATE STATUTES AND FEDERAL REGULATIONS IMPLEMENTED

Rule Section(s) State Statute(s) Implemented Federal Regulation(s) 

Implemented 

Env-Hw 400 

(see also sections listed below) 

RSA 147-A:3, I & IV 40 CFR 261 

Env-Hw 401.03(a) intro & (11), 

(b) intro & (28)-(29), (k), and (l)

RSA 147-A:3, I, IV & VI 40 CFR 261.4