Section 147-A:3 Rulemaking.
The commissioner shall adopt rules, pursuant to RSA 541-A and after public hearing, relative to:
I. Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter. ""Pesticides'' as defined in RSA 430 are subject to this chapter only to the extent that they are hazardous wastes.
II. A listing of wastes or combinations of wastes which are deemed to be hazardous.
III. Standards and procedures for the safe operation and maintenance of hazardous waste facilities, including qualifications required for personnel of hazardous waste facilities.
IV. The storage, treatment, containerization, transportation, and disposal of hazardous wastes; provided, however, that no rule shall be adopted or applied so as to impose any transporter permitting program or requirement.
V. A manifest system for tracking hazardous wastes from the point of generation to the point of treatment, storage or disposal.
VI. Procedures and requirements for the record keeping and reporting of the generation, storage, treatment, or disposal of hazardous wastes.
VII. Procedures for the immediate reporting of hazardous waste spills.
VIII. Information required in operator permit applications and transporter registrations.
IX. The terms and conditions under which the department shall issue, modify, suspend, revoke, deny, or approve the transfer of permits or registrations required by this chapter. Actions required by the department may include, but are not limited to, monitoring, contingency plans, closure, and evidence of financial responsibility.
IX-a. Criteria for determining the suitability of proposed hazardous waste facility sites.
X. A sliding scale for operator permit application fees, based on the cost of processing applications.
XI. Compliance schedules for operator permits.
XII. Establishment of minimum qualifications and procedures for persons providing hazardous waste cleanup, emergency response or other services related to the effective implementation of this chapter and RSA 147-B.
XIII. Tanks and all associated appurtenances used to store, transfer, or otherwise contain regulated substances as defined in section 9001(2)(A) of the Federal Resource Conservation and Recovery Act as amended in 1984 and hazardous waste as defined in rules adopted under RSA 147-A:3, except such tanks and appurtenances subject to the provisions of RSA 146-C. Rules regarding such tanks shall include, but are not limited to, tank standards and operating procedures, registration requirements, compliance schedules, enforcement and inspection, and requirements for closure, financial responsibility, and corrective actions.
XIV. Procedures and standards for certification of laboratories, including but not limited to the form and content of approval and certification application forms, analytical techniques to be employed, standard collection and testing procedures, performance on proficiency test samples, as well as qualifications for laboratory personnel. The procedures and standards shall be no less stringent than the rules and regulations of the Environmental Protection Agency for the certification of hazardous waste testing laboratories.
XV. Procedures and standards for provisional certification of laboratories.
XVI. Procedures and conditions under which certification of hazardous waste testing laboratories may be revoked, suspended, or modified.
XVII. Information to be disclosed when tests are subcontracted.
XVIII. Procedures and criteria for laboratory recertification.
XIX. Procedures for the certification of laboratories which have been certified by other states.
XX. Procedures for approval of alternate testing methodology.
XXI. Fees for certification, including rules for accounting of the fees.
XXII. Procedures and standards for testing of hazardous waste under any expanded certification program.
XXIII. A time frame for the completion of the certification process.
XXIV. Standards for the case-by-case establishment of maximum contaminant levels for unregulated contaminants.
XXV. Conditional exemptions from the permitting, registration, and siting requirements of RSA 147-A:4, 147-A:4-a, and RSA 147-A:6.
XXVI. Administration of a hazardous waste coordinator certification program and alternate programs pursuant to RSA 147-A:5, III, including criteria relating to education and experience and the procedures for initial certification of hazardous waste coordinators as well as continuing education requirements for renewals, and associated fees.
XXVII. Procedures and criteria for administration of a small quantity hazardous waste generator self-certification program and associated fees pursuant to RSA 147-A:5, IV.
XXVIII. Procedures for collection of the hazardous waste generator notification fee for new generators of hazardous waste specified in RSA 147-A:6-a.
Source. 1981, 413:2. 1983, 137:4; 227:3. 1985, 287:7. 1986, 120:2; 202:6, I(e). 1987, 143:2. 1989, 398:2. 1990, 208:12. 1995, 308:30-32. 1996, 228:107, 110. 1999, 52:1; 53:1. 2002, 87:3. 2003, 148:3, eff. July 1, 2003. 2005, 168:1, eff. Aug. 20, 2005.