Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261.1 - HAZARDOUS WASTE MANAGEMENT: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Part 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart A - General › Section 11-261.6 - Requirements for recyclable materials

Current through June, 2024
(a)
(1) Hazardous wastes that are recycled are
					 subject to the requirements for generators, transporters, and storage
					 facilities of paragraphs (b) and (c) of this section, except for the materials
					 listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that
					 are recycled will be known as "recyclable materials."
(2) The following recyclable materials are
					 not subject to the requirements of this section but are regulated under
					 subparts C through N of part 266 of this chapter and all applicable provisions
					 in parts 268, 270, and 124 of this chapter.
(i) Recyclable materials used in a manner
					 constituting disposal ( 40 CFR part 266 , subpart C);
(ii) Hazardous wastes burned (as defined in
					 section 266.100(a)) in boilers and industrial furnaces that are not regulated
					 under subpart O of part 264 or 265 of this chapter ( 40 CFR part 266 , subpart
					 H);
(iii) Recyclable materials from
					 which precious metals are reclaimed ( 40 CFR part 266 , subpart F);
(iv) Spent lead-acid batteries that are being
					 reclaimed ( 40 CFR part 266 , subpart G).
(3) The following recyclable materials are
					 not subject to regulation under parts 262 through parts 268, 270 or 124 of this
					 chapter, and are not subject to the notification requirements of section
					 342J-6.5, HRS:
(i) Industrial ethyl alcohol that is
					 reclaimed except that exports and imports of such recyclable materials must
					 comply with the requirements of 40 CFR part 262 , subpart H.
(A) A person initiating a shipment for
					 reclamation in a foreign country, and any intermediary arranging for the
					 shipment, must comply with the requirements applicable to a primary exporter in
					 §262.83, export such materials only upon consent of the receiving country
					 and in conformance with the EPA Acknowledgment of Consent as defined in subpart
					 H of part 262, and provide a copy of the EPA Acknowledgment of Consent to the
					 shipment to the transporter transporting the shipment for export;
(B) Transporters transporting a shipment for
					 export may not accept a shipment if he knows the shipment does not conform to
					 the EPA Acknowledgment of Consent, must ensure that a copy of the EPA
					 Acknowledgment of Consent accompanies the shipment and must ensure that it is
					 delivered to the facility designated by the person initiating the
					 shipment.
(ii) Scrap
					 metal that is not excluded under § 261.4(a)(13);
(iii) Fuels produced from the refining of
					 oil-bearing hazardous waste along with normal process streams at a petroleum
					 refining facility if such wastes result from normal petroleum refining,
					 production, and transportation practices (this exemption does not apply to
					 fuels produced from oil recovered from oil-bearing hazardous waste, where such
					 recovered oil is already excluded under § 261.4(a)(12);
(iv)
(A)
					 Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum
					 refining, production, or transportation practices, or produced from oil
					 reclaimed from such hazardous wastes, where such hazardous wastes are
					 reintroduced into a process that does not use distillation or does not produce
					 products from crude oil so long as the resulting fuel meets the used oil
					 specification under § 279.11 of this chapter and so long as no other
					 hazardous wastes are used to produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from
					 oil-bearing hazardous waste from petroleum refining production, and
					 transportation practices, where such hazardous wastes are reintroduced into a
					 refining process after a point at which contaminants are removed, so long as
					 the fuel meets the used oil fuel specification under § 279.11 of this
					 chapter; and
(C) Oil reclaimed from
					 oil-bearing hazardous wastes from petroleum refining, production, and
					 transportation practices, which reclaimed oil is burned as a fuel without
					 reintroduction to a refining process, so long as the reclaimed oil meets the
					 used oil fuel specification under § 279.11 of this
					 chapter.
(4)
					 Used oil that is recycled and is also a hazardous waste solely because it
					 exhibits a hazardous characteristic is not subject to the requirements of parts
					 260 through 268 of this chapter, but is regulated under part 279 of this
					 chapter. Used oil that is recycled includes any used oil which is reused,
					 following its original use, for any purpose (including the purpose for which
					 the oil was originally used). Such term includes, but is not limited to, oil
					 which is re-refined, reclaimed, burned for energy recovery, or
					 reprocessed.
(5) Hazardous waste
					 that is exported or imported for purpose of recovery is subject to the
					 requirements of 40 CFR part 262 , subpart H.