reglab/statecodes huggingface dataset:
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 › Section 11-261.1-2 - Substitution of state terms and citations for federal terms and citations

Current through June, 2024
(a) The following federal terms are replaced
				by the indicated state terms in all provisions of 40 C.F.R. part 261 , as
				incorporated and amended in this chapter, except as listed in subsection (b):
(1) "Administrator", "Assistant
				Administrator", "Assistant Administrator for Solid Waste and Emergency
				Response", "EPA Administrator", "EPA Regional Administrator", "Regional
				Administrator", "Regional Administrator or State Director", and "State
				Director" shall be replaced with "director".
(2) "Agency", "appropriate regional EPA
				office", "Environmental Protection Agency", "EPA", "EPA Headquarters", "EPA
				regional office", "EPA Regions", "U.S. Environmental Protection Agency", and
				"United States Environmental Protection Agency" shall be replaced with "state
				department of health" except for all references to "EPA Acknowledgment of
				Consent", "EPA form(s)", "EPA guidance", "EPA hazardous waste numbers(s)", "EPA
				ID number", "EPA identification number(s)", "EPA manual(s)", "EPA
				publication(s)", and "EPA test methods".
(3) "Section 3010 of RCRA" and "section 3010
				of the Act" shall be replaced with "section
				342J-6.5,
				HRS".
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 › Section 11-261.1-3 - Amendments to the incorporation of 40 C.F.R. part 261, subpart A

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				261.1 is amended as follows:
(1) In
				40 C.F.R. section
				261.1(a), delete
				"271,".
(2) In
				40 C.F.R. section
				261.1(a)(1), delete
				"hazardous waste produced by very small quantity generators and".
(3) In
				40 C.F.R. section
				261.1(b)(2), replace
				"sections 3007, 3013, and 7003 of RCRA" with "chapter 342J, HRS" and replace
				"these sections" with "sections
				342J-6,
				342J-7,
				342J-8,
				342J-9(a),
				342J-9(b),
				342J-10,
				and
				342J-11,
				HRS,".
(4) Replace
				40 C.F.R. section
				261.1(b)(2)(i) in its
				entirety to read: "(i) In the case of sections
				342J-6,
				342J-7,
				342J-9(a),
				342J-9(b),
				342J-10,
				and
				342J-11,
				HRS, the department has reason to believe that the material may be a solid
				waste as the term is defined in section
				342J-2, HRS, and a
				hazardous waste as the term is defined in section
				342J-2, HRS;
				or".
(5) In
				40 C.F.R. section
				261.1(b)(2)(ii), replace
				"7003" with "342J-8,
				HRS".
(6) In
				40 C.F.R. section
				261.1(c)(1), insert ",
				spilled, or otherwise contaminated" after "used".
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 › Section 11-261.1-4 - Amendments to the incorporation of 40 C.F.R. part 261, subpart B

Current through June, 2024
The incorporation by reference of
				  40 C.F.R. section
				  261.11 is amended as follows:
(1) In
				40 C.F.R. section
				261.11(b), replace "section
				1004(5) of the Act" with "section
				342J-2,
				HRS".
(2) In
				40 C.F.R. section
				261.11(c), replace
				"§261.5(c)" with "
				40 C.F.R. section
				262.13, as incorporated and amended in
				section 11-262.1-1".
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 › Section 11-261.1-6 - Amendments to the incorporation of 40 C.F.R. part 261, subpart D

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 261.30 is amended as follows:
(1) In
				40
				C.F.R. section 261.30(a),
				delete "under §§260.20 and 260.22".
(2) In
				40
				C.F.R. section 261.30(c),
				delete "267,".
(3) In
				40
				C.F.R. section 261.30(d),
				replace "subject to the exclusion limits for acutely hazardous wastes
				established in §261.5" with "identified as acute hazardous wastes
				(H)".
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 › Section 11-261.1-7 - Amendments to the incorporation of 40 C.F.R. part 261, subpart E

Current through June, 2024
40 C.F.R. part 261 , subpart E is excluded from the
				  incorporation by reference of 40 C.F.R. part 261 ,
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 › Section 11-261.1-12 - Amendments to the incorporation of 40 C.F.R. part 261, subpart J

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 261.196 is amended as follows:
				in the first note to
				40
				C.F.R. section 261.196, replace "RCRA section
				7003(a)" with "section
				342J-8,
				HRS".
(b) The incorporation by
				reference of
				40 C.F.R. section
				261.197 is amended as follows: delete
				"271,".
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 › Section 11-261.1-15 - Amendments to the incorporation of 40 C.F.R. part 261, subpart M

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 261.411 is amended as follows:
				in
				40
				C.F.R. section
				261.411(d)(3), insert "the
				government official designated as the on-scene coordinator from the Hawaii
				department of health's Hazard Evaluation and Emergency Response Office via the
				State Hospital at (808) 247-2191 after business hours or directly at (808)
				586-4249 during business hours and" before "the National Response
				Center".
(b) The incorporation by
				reference of
				40
				C.F.R. section 261.420 is amended as follows:
				in
				40
				C.F.R. section
				261.420(f)(4)(ii), replace
				"either the government official designated as the on-scene coordinator for that
				geographical area, or" with "the government official designated as the on-scene
				coordinator from the Hawaii department of health's Hazard Evaluation and
				Emergency Response Office via the State Hospital at (808) 247-2191 after
				business hours or directly at (808) 586-4249 during business hours and".
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 › Section 11-261.1-29 - Amendments to the incorporation of 40 C.F.R. part 261, subpart AA

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R.
				section 261.1033 is amended as follows:
(1) In
				40 C.F.R.
				section 264.1033(n)(1)(i),
				insert "or a state hazardous waste permit under chapter
				11-270.1 which implements the
				requirements of 40 C.F.R. part 264 , subpart X, as incorporated and amended in
				section 11-264.1-1" before or".
(2)
				In
				40 C.F.R.
				section 264.1033(n)(2)(i),
				insert "or a state hazardous waste permit under chapter
				11-270.1 which implements the
				requirements of 40 C.F.R. part 264 , subpart 0, as incorporated and amended in
				section 11-264.1-1" before or".
(3)
				In
				40 C.F.R.
				section 264.1033(n)(3)(i),
				insert "or a state hazardous waste permit under chapter
				11-270.1 which implements the
				requirements of 40 C.F.R. part 266 , subpart H, as incorporated and amended in
				section 11-266.1-1" before "; or".
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 › Section 11-261.1-30 - Amendments to the incorporation of 40 C.F.R. part 261, subpart BB

Current through June, 2024
The incorporation by reference of
				  40 C.F.R. section
				  261.1064 is amended as follows:
				  40 C.F.R. section
				  261.1064(b)(2) is excluded
				  from incorporation.
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 › Section 11-261.1-31 - Amendments to the incorporation of 40 C.F.R. part 261, subpart CC

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				261.1083 is amended as follows: in
				40 C.F.R. section
				261.1083(a)(1) and
				261.1083(a)(1)(i),
				replace "§261.1082(c)(1)" with "§261.1082(c)".
(b) The incorporation by reference of
				40 C.F.R. section
				261.1084 is amended as follows:
(1) In
				40 C.F.R. section
				261.1084(j)(2)(i), replace
				"§261.1082(c)(1)" with "§261.1082(c)".
(2) In
				40 C.F.R. section
				261.1084(j)(2)(ii), replace
				"§261.1082(c)(2)" with "§261.1082(c)".
(3) In
				40 C.F.R. section
				261.1084(j)(2)(iii), replace
				"§261.1082(c)(4)" with "§261.1082(c)".
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 › Section 11-261.1-32 - Amendments to the incorporation of 40 C.F.R. part 261 appendices

Current through June, 2024
40 C.F.R. part 261 appendix IX is excluded from the
				  incorporation by reference of 40 C.F.R. part 261 .
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 11-261.1 - Purpose and scope

Current through June, 2024
(a) This part identifies those solid wastes
					 which are subject to regulation as hazardous wastes under parts 262 through
					 265, 268, and parts 270, and 124 of this chapter and which are subject to the
					 notification requirements of section
					 342J-6.5, HRS. In
					 this part:
(1) Subpart A defines the terms
					 ''solid waste'' and ''hazardous waste'', identifies those wastes which are
					 excluded from regulation under parts 262 through 266, 268 and 270 of this
					 chapter and establishes special management requirements for hazardous waste
					 which is recycled.
(2) Subpart B
					 sets forth the criteria used by [the] state department of health to identify
					 characteristics of hazardous waste and to list particular hazardous
					 wastes.
(3) Subpart C identifies
					 characteristics of hazardous waste.
(4) Subpart D lists particular hazardous
					 wastes.
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 11-261.2 - Definition of solid waste

Current through June, 2024
(a)
(1)
A solid waste is any discarded
					 material that is not excluded
under § 261.4(a) or that is not
					 excluded by a variance granted under §§ 260.30 and 260.31 or that is
					 not excluded by a non-waste determination under §§ 260.30 and
					 260.34
(2)
(i) A
discarded material
is
					 any material which is:
(A) Abandoned, as
					 explained in paragraph (b) of this section; or
(B) Recycled, as explained in paragraph (c)
					 of this section; or
(C) Considered
					 inherently waste-like, as explained in paragraph (d) of this section;
					 or
(D) A military munition
					 identified as a solid waste in § 266.202
(ii) [Reserved]
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 11-261.4 - Exclusions

Current through June, 2024
(a)
Materials which are not solid
					 wastes.
The following materials are not solid wastes for the purpose of
					 this part:
(1)
(i) Domestic sewage; and
(ii) Any mixture of domestic sewage and other
					 wastes that passes through a sewer system to a publicly-owned treatment works
					 for treatment, except as prohibited by § 266.505 and Clean Water Act
					 requirements at
					 40 CFR
					 403.5(b). "Domestic sewage"
					 means untreated sanitary wastes that pass through a sewer
					 system.
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 11-261.5 - Reserved

Current through June, 2024
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 11-261.7 - Residues of hazardous waste in empty containers

Current through June, 2024
(a)
(1) Any hazardous waste remaining in either:
					 an empty container; or an inner liner removed from an empty container, as
					 defined in paragraph (b) of this section, is not subject to regulation under
					 parts 261 through 268, 270, or 124 this chapter or to the notification
					 requirements of section
					 342J-6.5,
					 HRS.
(2) Any hazardous waste in
					 either a container that is not empty or an inner liner removed from a container
					 that is not empty, as defined in paragraph (b) of this section, is subject to
					 regulation under parts 261 through 268, 270 and 124 of this chapter and to the
					 notification requirements of section
					 342J-6.5,
					 HRS.
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 11-261.8 - PCB wastes regulated under Toxic Substance Control Act

Current through June, 2024
The disposal of PCB-containing dielectric fluid and
						electric equipment containing such fluid authorized for use and regulated under
						part 761 of this chapter and that are hazardous only because they fail the test
						for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only)
						are exempt from regulation under parts 261 through 265, and parts 268, 270, and
						124 of this chapter, and the notification requirements of section
						342J-6.5,
						HRS.
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 11-261.9 - Requirements for Universal Waste

Current through June, 2024
The wastes listed in this section are exempt from
						regulation under parts 262 through 270 of this chapter except as specified in
						part 273 of this chapter and, therefore are not fully regulated as hazardous
						waste. The wastes listed in this section are subject to regulation under 40 CFR
						part 273 :
(a) Batteries as described
					 in
					 40 CFR
					 273.2;
(b) Pesticides as described in § 273.3
					 of this chapter;
(c)
					 Mercury-containing equipment as described in § 273.4 of this
					 chapter;
(d) Lamps as described in
					 § 273.5 of this chapter;
(e)
					 Aerosol cans as described in § 273.6 of this chapter;
(f) Electronic items as described in 40
					 C.F.R. section 273.6.1, as incorporated and amended in section 11-273.1-1;
					 and
(g) Solar panels as described
					 in 40 C.F.R. section 273.6.2, as incorporated and amended in section
					 11-273.1-1.
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 B - Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste › Section 11-261.10 - Criteria for identifying the characteristics of hazardous waste

Current through June, 2024
(a) The director shall identify and define a
					 characteristic of hazardous waste in subpart C only upon determining that:
(1) A solid waste that exhibits the
					 characteristic may:
(i) Cause, or
					 significantly contribute to, an increase in mortality or an increase in serious
					 irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
					 hazard to human health or the environment when it is improperly treated,
					 stored, transported, disposed of or otherwise managed; and
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 C - Characteristics of Hazardous Waste › Section 11-261.20 - General

Current through June, 2024
(a) A solid waste, as defined in §
					 261.2, which is not excluded from regulation as a hazardous waste under §
					 261.4(b), is a hazardous waste if it exhibits any of the characteristics
					 identified in this subpart.
[Comment: § 262.11 of this chapter sets forth the
						generator's responsibility to determine whether his waste exhibits one or more
						of the characteristics identified in this subpart]
(b) A hazardous waste which is identified by
					 a characteristic in this subpart is assigned every EPA Hazardous Waste Number
					 that is applicable as set forth in this subpart. This number must be used in
					 complying with the notification requirements of section
					 342J-6.5, HRS and
					 all applicable recordkeeping and reporting requirements under parts 262 through
					 265, 268, and 270 of this chapter.
(c) For purposes of this subpart, the
					 director will consider a sample obtained using any of the applicable sampling
					 methods specified in appendix I to be a representative sample within the
					 meaning of part 260 of this chapter.
[Comment: Since the appendix I sampling methods are not
						being formally adopted by the director, a person who desires to employ an
						alternative sampling method is not required to demonstrate the equivalency of
						his method under the procedures set forth in §§ 260.20 and
						260.21.]
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 C - Characteristics of Hazardous Waste › Section 11-261.22 - Characteristic of corrosivity

Current through June, 2024
(a) A solid waste
					 exhibits the characteristic of corrosivity if a representative sample of the
					 waste has either of the following properties:
(1) It is aqueous and has a pH less than or
					 equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
					 Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical
					 Methods," EPA Publication SW-846, as incorporated by reference in § 260.11
					 of this chapter.
(2) It is a liquid
					 and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per
					 year at a test temperature of 55 °C (130 °F) as determined by Method
					 1110A in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
					 EPA Publication SW-846, and as incorporated by reference in § 260.11 of
					 this chapter.
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 C - Characteristics of Hazardous Waste › Section 11-261.23 - Characteristic of reactivity

Current through June, 2024
(a) A solid waste
					 exhibits the characteristic of reactivity if a representative sample of the
					 waste has any of the following properties:
(1) It is normally unstable and readily
					 undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures
					 with water.
(4) When mixed with
					 water, it generates toxic gases, vapors or fumes 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, vapors or fumes 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 a strong
					 initiating source or if heated under confinement.
(7) It is readily capable of detonation or
					 explosive decomposition or reaction at standard temperature and
					 pressure.
(8) It is a forbidden
					 explosive as defined in
					 49 CFR
					 173.54, or is a Division 1.1, 1.2 or 1.3
					 explosive as defined in
					 49 CFR 173.50
					 and
					 173.53.
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 C - Characteristics of Hazardous Waste › Section 11-261.24 - Toxicity characteristic

Current through June, 2024
(a) A solid waste
					 (except manufactured gas plant waste) exhibits the characteristic of toxicity
					 if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in
					 "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
					 Publication SW-846, as incorporated by reference in § 260.11 of this
					 chapter, the extract from a representative sample of the waste contains any of
					 the contaminants listed in table 1 at the concentration equal to or greater
					 than the respective value given in that table. Where the waste contains less
					 than 0.5 percent filterable solids, the waste itself, after filtering using the
					 methodology outlined in Method 1311, is considered to be the extract for the
					 purpose of this section.
(b) A
					 solid waste that exhibits the characteristic of toxicity has the EPA Hazardous
					 Waste Number specified in Table 1 which corresponds to the toxic contaminant
					 causing it to be hazardous.
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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 D - Lists of Hazardous Wastes › Section 11-261.30 - General

Current through June, 2024
(a) A solid waste is a hazardous waste if it
					 is listed in this subpart, unless it has been excluded from this
					 list.
(b) The director will
					 indicate his basis for listing the classes or types of wastes listed in this
					 subpart by employing one or more of the following Hazard Codes:
Ignitable Waste (I)
Corrosive Waste (C)
Reactive Waste (R)
Toxicity Characteristic Waste (E)
Acute Hazardous Waste (H)
Toxic Waste (T)
Appendix VII identifies the constituent which caused the
						director to list the waste as a Toxicity Characteristic Waste (E) or Toxic
						Waste (T) in §§ 261.31 and 261.32.
(c) Each hazardous waste listed in this
					 subpart is assigned an EPA Hazardous Waste Number which precedes the name of
					 the waste. This number must be used in complying with the notification
					 requirements of section
					 342J-6.5, HRS and
					 certain recordkeeping and reporting requirements under parts 262 through 265,
					 268, and 270 of this chapter.
(d)
					 The following hazardous wastes listed in § 261.31 are identified as acute
					 hazardous wastes (H): EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026
					 and F027.
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 D - Lists of Hazardous Wastes › Section 11-261.32 - Hazardous wastes from specific sources

Current through June, 2024
(a) The following
					 solid wastes are listed hazardous wastes from specific sources unless they are
					 excluded and listed in appendix IX.
Click
						See list in 40 CFR section 261.32
(b) Listing Specific Definitions:
(1) For the purposes of the K181 listing,
					 dyes and/or pigments production is defined to include manufacture of the
					 following product classes: dyes, pigments, or FDA certified colors that are
					 classified as azo, triarylmethane, perylene or anthraquinone classes. Azo
					 products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and
					 pyrazolone products. Triarylmethane products include both triarylmethane and
					 triphenylmethane products. Wastes that are not generated at a dyes and/or
					 pigments manufacturing site, such as wastes from the offsite use, formulation,
					 and packaging of dyes and/or pigments, are not included in the K181
					 listing.
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 D - Lists of Hazardous Wastes › Section 11-261.35 - Deletion of certain hazardous waste codes following equipment cleaning and replacement

Current through June, 2024
(a) Wastes from
					 wood preserving processes at plants that do not resume or initiate use of
					 chlorophenolic preservatives will not meet the listing definition of F032 once
					 the generator has met all of the requirements of paragraphs (b) and (c) of this
					 section. These wastes may, however, continue to meet another hazardous waste
					 listing description or may exhibit one or more of the hazardous waste
					 characteristics.
(b) Generators
					 must either clean or replace all process equipment that may have come into
					 contact with chlorophenolic formulations or constituents thereof, including,
					 but not limited to, treatment cylinders, sumps, tanks, piping systems, drip
					 pads, fork lifts, and trams, in a manner that minimizes or eliminates the
					 escape of hazardous waste or onstituents, leachate, contaminated drippage, or
					 hazardous waste decomposition products to the ground water, surface water, or
					 atmosphere.
(1) Generators shall do one of the
					 following:
(i) Prepare and follow an equipment
					 cleaning plan and clean equipment in accordance with this section;
(ii) Prepare and follow an equipment
					 replacement plan and replace equipment in accordance with this section;
					 or
(iii) Document cleaning and
					 replacement in accordance with this section, carried out after termination of
					 use of chlorophenolic preservations.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.140 - Applicability

Current through June, 2024
(a) The requirements of this subpart apply to
					 owners or operators of reclamation and intermediate facilities managing
					 hazardous secondary materials excluded under
					 40
					 CFR §
												261.4(a)(24),
					 except as provided otherwise in this section.
(b) States and the Federal government are
					 exempt from the financial assurance requirements of this subpart.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.141 - Definitions of terms as used in this subpart

Current through June, 2024
The terms defined in § 265.141(d), (f), (g), and (h)
						of this chapter have the same meaning in this subpart as they do in §
						265.141 of this chapter.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.142 - Cost estimate

Current through June, 2024
(a) The owner or
					 operator must have a detailed written estimate, in current dollars, of the cost
					 of disposing of any hazardous secondary material as listed or characteristic
					 hazardous waste, and the potential cost of closing the facility as a treatment,
					 storage, and disposal facility.
(1) The
					 estimate must equal the cost of conducting the activities described in
					 paragraph (a) of this section at the point when the extent and manner of the
					 facility's operation would make these activities the most expensive;
					 and
(2) The cost estimate must be
					 based on the costs to the owner or operator of hiring a third party to conduct
					 these activities. A third party is a party who is neither a parent nor a
					 subsidiary of the owner or operator. (See definition of parent corporation in
					 § 265.141(d) of this chapter.) The owner or operator may use costs for
					 on-site disposal in accordance with applicable requirements if he can
					 demonstrate that on-site disposal capacity will exist at all times over the
					 life of the facility.
(3) The cost
					 estimate may not incorporate any salvage value that may be realized with the
					 sale of hazardous secondary materials, or hazardous or non-hazardous wastes if
					 applicable under
					 40 C.F.R. section
					 265.113(d), as incorporated
					 and amended in section 11-265.1-1, facility structures or equipment, land, or
					 other assets associated with the facility.
(4) The owner or operator may not incorporate
					 a zero cost for hazardous secondary materials, or hazardous or non-hazardous
					 wastes if applicable under
					 40 C.F.R. section
					 265.113(d), as incorporated
					 and amended in section 11-265.11[,] that might have economic
					 value.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.144-11-261.146 - Reserved

Current through June, 2024
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.147 - Liability requirements

Current through June, 2024
(a) Coverage for
					 sudden accidental occurrences An owner or operator of a hazardous secondary
					 material reclamation facility or an intermediate facility subject to financial
					 assurance requirements under § 261.4(a)(24)(vi)(F) of this chapter, or a
					 group of such facilities, must demonstrate financial responsibility for bodily
					 injury and property damage to third parties caused by sudden accidental
					 occurrences arising from operations of the facility or group of facilities The
					 owner or operator must have and maintain liability coverage for sudden
					 accidental occurrences in the amount of at least $1 million per occurrence with
					 an annual aggregate of at least $2 million, exclusive of legal defense costs
					 This liability coverage may be demonstrated as specified in paragraphs (a)(1),
					 (2), (3), (4), (5), or (6) of this section:
(1) An owner or operator may demonstrate the
					 required liability coverage by having liability insurance as specified in this
					 paragraph.
(i) Each insurance policy must be
					 amended by attachment of the Hazardous Secondary Material Facility Liability
					 Endorsement, or evidenced by a Certificate of Liability Insurance The wording
					 of the endorsement must be identical to the wording specified in 261151(h) The
					 wording of the certificate of insurance must be identical to the wording
					 specified in § 261.151(i) The owner or operator must submit a signed
					 duplicate original of the endorsement or the certificate of insurance to the
					 director If the facilities are located in more than one state, identical
					 evidence of financial assurance must be submitted to and maintained with the
					 state agency regulating hazardous waste in all such states or with the
					 appropriate Regional Administrator if the facility is located in an
					 unauthorized state If requested by the director, the owner or operator must
					 provide a signed duplicate original of the insurance policy.
(ii) Each insurance policy must be issued by
					 an insurer which, at a minimum, is licensed to transact the business of
					 insurance, or eligible to provide insurance as an excess or surplus lines
					 insurer, in one or more States.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.148 - Incapacity of owners or operators, guarantors, or financial institutions

Current through June, 2024
(a) An owner or operator must notify the
					 director by certified mail of the commencement of a voluntary or involuntary
					 proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator
					 as debtor, within 10 days after commencement of the proceeding. A guarantor of
					 a corporate guarantee as specified in § 261.143(e) must make such a
					 notification if he is named as debtor, as required under the terms of the
					 corporate guarantee.
(b) An owner
					 or operator who fulfills the requirements of § 261.143 or § 261.147
					 by obtaining a trust fund, surety bond, letter of credit, or insurance policy
					 will be deemed to be without the required financial assurance or liability
					 coverage in the event of bankruptcy of the trustee or issuing institution, or a
					 suspension or revocation of the authority of the trustee institution to act as
					 trustee or of the institution issuing the surety bond, letter of credit, or
					 insurance policy to issue such instruments. The owner or operator must
					 establish other financial assurance or liability coverage within 60 days after
					 such an event.
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 H - Financial Requirements for Management of Excluded Hazardous Secondary Materials › Section 11-261.151 - Wording of the instruments

Current through June, 2024
[Use
chapter 11-261.1, Hawaii
						Administrative Rules
This section not
						reproduced.]
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 I - Use and Management of Containers › Section 11-261.170 - Applicability

Current through June, 2024
This subpart applies to hazardous secondary materials
						excluded under the remanufacturing exclusion at § 261.4(a)(27) and stored
						in containers.
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 I - Use and Management of Containers › Section 11-261.171 - Condition of containers

Current through June, 2024
If a container holding hazardous secondary material is
						not in good condition (e.g., severe rusting, apparent structural defects) or if
						it begins to leak, the hazardous secondary material must be transferred from
						this container to a container that is in good condition or managed in some
						other way that complies with the requirements of this part.
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 I - Use and Management of Containers › Section 11-261.172 - Compatibility of hazardous secondary materials with containers

Current through June, 2024
The container must be made of or lined with materials
						which will not react with, and are otherwise compatible with, the hazardous
						secondary material to be stored, so that the ability of the container to
						contain the material is not impaired.
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 I - Use and Management of Containers › Section 11-261.173 - Management of containers

Current through June, 2024
(a) A container
					 holding hazardous secondary material must always be closed during storage,
					 except when it is necessary to add or remove the hazardous secondary
					 material.
(b) A container holding
					 hazardous secondary material must not be opened, handled, or stored in a manner
					 which may rupture the container or cause it to leak.
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 I - Use and Management of Containers › Section 11-261.175 - Containment

Current through June, 2024
(a) Container storage areas must have a
					 containment system that is designed and operated in accordance with paragraph
					 (b) of this section.
(b) A
					 containment system must be designed and operated as follows:
(1) A base must underlie the containers which
					 is free of cracks or gaps and is sufficiently impervious to contain leaks,
					 spills, and accumulated precipitation until the collected material is detected
					 and removed;
(2) The base must be
					 sloped or the containment system must be otherwise designed and operated to
					 drain and remove liquids resulting from leaks, spills, or precipitation, unless
					 the containers are elevated or are otherwise protected from contact with
					 accumulated liquids;
(3) The
					 containment system must have sufficient capacity to contain 10% of the volume
					 of containers or the volume of the largest container, whichever is
					 greater.
(4) Run-on into the
					 containment system must be prevented unless the collection system has
					 sufficient excess capacity in addition to that required in paragraph (b)(3) of
					 this section to contain any run-on which might enter the system; and
(5)  Spilled or leaked material and
					 accumulated precipitation must be removed from the sump or collection area in
					 as timely a manner as is necessary to prevent overflow of the collection
					 system.
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 I - Use and Management of Containers › Section 11-261.176 - Special requirements for ignitable or reactive hazardous secondary material

Current through June, 2024
Containers holding ignitable or reactive hazardous
						secondary material must be located at least 15 meters (50 feet) from the
						facility's property line.
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 I - Use and Management of Containers › Section 11-261.177 - Special requirements for incompatible materials

Current through June, 2024
(a)
					 Incompatible materials must not be placed in the same container.
(b) Hazardous secondary material must not be
					 placed in an unwashed container that previously held an incompatible
					 material.
(c) A storage container
					 holding a hazardous secondary material that is incompatible with any other
					 materials stored nearby must be separated from the other materials or protected
					 from them by means of a dike, berm, wall, or other device.
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 I - Use and Management of Containers › Section 11-261.179 - Air emission standards

Current through June, 2024
The remanufacturer or other person that stores or treats
						the hazardous secondary material shall manage all hazardous secondary material
						placed in a container in accordance with the applicable requirements of
						subparts AA, BB, and CC of this part.
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 J - Tank Systems › Section 11-261.190 - Applicability

Current through June, 2024
(a) The requirements of this subpart apply to
					 tank systems for storing or treating hazardous secondary material excluded
					 under the remanufacturing exclusion at § 261.4(a)(27).
(b) Tank systems, including sumps, as defined
					 in § 260.10, that serve as part of a secondary containment system to
					 collect or contain releases of hazardous secondary materials are exempted from
					 the requirements in § 261.193(a).
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 J - Tank Systems › Section 11-261.191 - Assessment of existing tank system's integrity

Current through June, 2024
(a) Tank
					 systems must meet the secondary containment requirements of § 261.193, or
					 the remanufacturer or other person that handles the hazardous secondary
					 material must determine that the tank system is not leaking or is unfit for
					 use. Except as provided in paragraph (c) of this section, a written assessment
					 reviewed and certified by a qualified Professional Engineer must be kept on
					 file at the remanufacturer's facility or other facility that stores or treats
					 the hazardous secondary material that attests to the tank system's
					 integrity.
(b) This assessment must
					 determine that the tank system is adequately designed and has sufficient
					 structural strength and compatibility with the material(s) to be stored or
					 treated, to ensure that it will not collapse, rupture, or fail. At a minimum,
					 this assessment must consider the following:
(1) Design standard(s), if available,
					 according to which the tank and ancillary equipment were constructed;
(2) Hazardous characteristics of the
					 material(s) that have been and will be handled;
(3) Existing corrosion protection
					 measures;
(4) Documented age of the
					 tank system, if available (otherwise, an estimate of the age); and
(5) Results of a leak test, internal
					 inspection, or other tank integrity examination such that:
(i) For non-enterable underground tanks, the
					 assessment must include a leak test that is capable of taking into account the
					 effects of temperature variations, tank end deflection, vapor pockets, and high
					 water table effects, and
(ii) For
					 other than non-enterable underground tanks and for ancillary equipment, this
					 assessment must include either a leak test, as described above, or other
					 integrity examination that is certified by a qualified Professional Engineer
					 that addresses cracks, leaks, corrosion, and erosion.
Note to paragraph (b)(5)(ii): The practices described in
						the American Petroleum Institute (API) Publication, Guide for Inspection of
						Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks,"
						4th edition, 1981, may be used, where applicable, as guidelines in conducting
						other than a leak test.
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 J - Tank Systems › Section 11-261.192 - Reserved

Current through June, 2024