Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - General › Section 11-262.16 - Conditions for exemption for a small quantity generator that accumulates hazardous waste

Current through June, 2024
A small quantity generator may accumulate hazardous waste
					 on site without a permit or interim status, and without complying with the
					 requirements of parts 124, 264 through 266, and 270 of this chapter, or the
					 notification requirements of section
					 342J-6.5, HRS,
					 provided that all the conditions for exemption listed in this section are
					 met:
(a) Generation. The generator
				  generates in a calendar month no more than the amounts specified in the
				  definition of ''small quantity generator'' in § 260.10 of this
				  chapter.
(b) Accumulation. The
				  generator accumulates hazardous waste on site for no more than 180 days, unless
				  in compliance with the conditions for exemption for longer accumulation in
				  paragraphs (c) and (d) of this section. The following accumulation conditions
				  also apply:
(1) Accumulation limit. The
				  quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms
				  (13,200 pounds);
(2) Accumulation
				  of hazardous waste in containers-
(i)
				  Condition of containers. If a container holding hazardous waste is not in good
				  condition, or if it begins to leak, the small quantity generator must
				  immediately transfer the hazardous waste from this container to a container
				  that is in good condition, or immediately manage the waste in some other way
				  that complies with the conditions for exemption of this section.
(ii) Compatibility of waste with container.
				  The small quantity generator must use a container made of or lined with
				  materials that will not react with, and are otherwise compatible with, the
				  hazardous waste to be accumulated, so that the ability of the container to
				  contain the waste is not impaired.
(iii) Management of containers.
(A) A container holding hazardous waste must
				  always be closed during accumulation, except when it is necessary to add or
				  remove waste.
(B) A container
				  holding hazardous waste must not be opened, handled, or accumulated in a manner
				  that may rupture the container or cause it to leak.
(iv) Inspections. At least weekly, the small
				  quantity generator must inspect central accumulation areas. The small quantity
				  generator must look for leaking containers and for deterioration of containers
				  caused by corrosion or other factors. See paragraph (b)(2)(i) of this section
				  for remedial action required if deterioration or leaks are detected. The owner
				  or operator must record inspections in an inspection log or summary. The owner
				  or operator must keep these records for at least three years from the date of
				  inspection. At a minimum, these records must include the date and time of the
				  inspection, the name of the inspector, a notation of the observations made, and
				  the date and nature of any repairs or other remedial actions.
(v) Special conditions for accumulation of
				  incompatible wastes.
(A) Incompatible wastes,
				  or incompatible wastes and materials, (see appendix V of part 265 for examples)
				  must not be placed in the same container, unless § 265.17(b) of this
				  chapter is complied with.
(B)
				  Hazardous waste must not be placed in an unwashed container that previously
				  held an incompatible waste or material (see appendix V of part 265 for
				  examples), unless § 265.17(b) of this chapter is complied with.
(C) A container accumulating hazardous waste
				  that is incompatible with any waste or other materials accumulated or stored
				  nearby in other containers, piles, open tanks, or surface impoundments must be
				  separated from the other materials or protected from them by means of a dike,
				  berm, wall, or other device.
(3) Accumulation of hazardous waste in tanks.
(i) [Reserved]
(ii) A small quantity generator of hazardous
				  waste must comply with the following general operating conditions:
(A) Treatment or accumulation of hazardous
				  waste in tanks must comply with § 265.17(b) of this chapter.
(B) Hazardous wastes or treatment reagents
				  must not be placed in a tank if they could cause the tank or its inner liner to
				  rupture, leak, corrode, or otherwise fail before the end of its intended
				  life.
(C) Uncovered tanks must be
				  operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the
				  tank is equipped with a containment structure (e.g., dike or trench), a
				  drainage control system, or a diversion structure (e.g., standby tank) with a
				  capacity that equals or exceeds the volume of the top 60 centimeters (2 feet)
				  of the tank.
(D) Where hazardous
				  waste is continuously fed into a tank, the tank must be equipped with a means
				  to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
				  stand-by tank).
(iii)
				  Except as noted in paragraph (b)(3)(iv) of this section, a small quantity
				  generator that accumulates hazardous waste in tanks must inspect, where
				  present:
(A) Discharge control equipment
				  (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at
				  least once each operating day, to ensure that it is in good working
				  order;
(B) Data gathered from
				  monitoring equipment (e.g., pressure and temperature gauges) at least once each
				  operating day to ensure that the tank is being operated according to its
				  design;
(C) The level of waste in
				  the tank at least once each operating day to ensure compliance with paragraph
				  (b)(3)(ii)(C) of this section;
(D)
				  The construction materials of the tank at least weekly to detect corrosion or
				  leaking of fixtures or seams; and
(E) The construction materials of, and the
				  area immediately surrounding, discharge confinement structures (e.g., dikes) at
				  least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or
				  dead vegetation). The generator must remedy any deterioration or malfunction of
				  equipment or structures which the inspection reveals on a schedule which
				  ensures that the problem does not lead to an environmental or human health
				  hazard. Where a hazard is imminent or has already occurred, remedial action
				  must be taken immediately.
(iv) A small quantity generator accumulating
				  hazardous waste in tanks or tank systems that have full secondary containment
				  and that either use leak detection equipment to alert personnel to leaks, or
				  implement established workplace practices to ensure leaks are promptly
				  identified, must inspect at least weekly, where applicable, the areas
				  identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the
				  alternate inspection schedule must be documented in the generator's operating
				  record. This documentation must include a description of the established
				  workplace practices at the generator.
(v) [Reserved]
(vi) A small quantity generator accumulating
				  hazardous waste in tanks must, upon closure of the facility, remove all
				  hazardous waste from tanks, discharge control equipment, and discharge
				  confinement structures. At closure, as throughout the operating period, unless
				  the small quantity generator can demonstrate, in accordance with §
				  261.3(c) or (d) of this chapter, that any solid waste removed from its tank is
				  not a hazardous waste, then it must manage such waste in accordance with all
				  applicable provisions of parts 262, 263, 265 and 268 of this chapter.
(vii) A small quantity generator must comply
				  with the following special conditions for accumulation of ignitable or reactive
				  waste:
(A) Ignitable or reactive waste must
				  not be placed in a tank, unless:
(1) The
				  waste is treated, rendered, or mixed before or immediately after placement in a
				  tank so that the resulting waste, mixture, or dissolution of material no longer
				  meets the definition of ignitable or reactive waste under § 261.21 or
				  §261.23 of this chapter and § 265.17(b) of this chapter is complied
				  with; or
(2) The waste is
				  accumulated or treated in such a way that it is protected from any material or
				  conditions that may cause the waste to ignite or react; or
(3) The tank is used solely for
				  emergencies.
(B) A small
				  quantity generator which treats or accumulates ignitable or reactive waste in
				  covered tanks must comply with the buffer zone requirements for tanks contained
				  in Tables 2-1 through 2-6 of the National Fire Protection Association's
				  ''Flammable and Combustible Liquids Code'' (1977 or 1981) (incorporated by
				  reference, see § 260.11).
(C)
				  A small quantity generator must comply with the following special conditions
				  for incompatible wastes:
(1) Incompatible
				  wastes, or incompatible wastes and materials, (see part 265 appendix V for
				  examples) must not be placed in the same tank, unless § 265.17(b) of this
				  chapter is complied with.
(2)
				  Hazardous waste must not be placed in an unwashed tank that previously held an
				  incompatible waste or material, unless § 265.17(b) of this chapter is
				  complied with.
(4) Accumulation of
				  hazardous waste on drip pads. If the waste is placed on drip pads, the small
				  quantity generator must comply with the following:
(i) Subpart W of 40 CFR part 265 (except
				  § 265.445 (c));
(ii) The small
				  quantity generator must remove all wastes from the drip pad at least once every
				  90 days. Any hazardous wastes that are removed from the drip pad at least once
				  every 90 days are then subject to the 180-day accumulation limit in paragraph
				  (b) of this section and § 262.15 if hazardous wastes are being managed in
				  satellite accumulation areas prior to being moved to the central accumulation
				  area; and
(iii) The small quantity
				  generator must maintain on site at the facility the following records readily
				  available for inspection:
(A) A written
				  description of procedures that are followed to ensure that all wastes are
				  removed from the drip pad and associated collection system at least once every
				  90 days; and
(B) Documentation of
				  each waste removal, including the quantity of waste removed from the drip pad
				  and the sump or collection system and the date and time of removal.
(5) Accumulation of
				  hazardous waste in containment buildings. If the waste is placed in containment
				  buildings, the small quantity generator must comply with 40 CFR part 265
				  subpart DD. The generator must label its containment buildings with the words
				  ''Hazardous Waste'' in a conspicuous place easily visible to employees,
				  visitors, emergency responders, waste handlers, or other persons on site and
				  also in a conspicuous place provide an indication of the hazards of the
				  contents (examples include, but are not limited to, the applicable hazardous
				  waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704). The
				  generator must also maintain:
(i) The
				  professional engineer certification that the building complies with the design
				  standards specified in
				  40 CFR
				  265.1101. This certification must be in the
				  generator's files prior to operation of the unit; and
(ii) The following records by use of
				  inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
				  ensure that each waste volume remains in the unit for no more than 90 days, a
				  written description of the waste generation and management practices for the
				  facility showing that the generator is consistent with maintaining the 90 day
				  limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
				  least once every 90 days.
(C)
				  Inventory logs or records with the above information must be maintained on site
				  and readily available for inspection.
(6) Labeling and marking of containers and
				  tanks-.
(i) Containers. A small quantity
				  generator must mark or label its containers with the following:
(A) The words ''Hazardous Waste'';
(B) An indication of the hazards of the
				  contents (examples include, but are not limited to, the applicable hazardous
				  waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704);
				  and
(C) The date upon which each
				  period of accumulation begins clearly visible for inspection on each
				  container.
(ii) Tanks. A
				  small quantity generator accumulating hazardous waste in tanks must do the
				  following:
(A) Mark or label its tanks with
				  the words ''Hazardous Waste'';
(B)
				  Mark or label its tanks with an indication of the hazards of the contents
				  (examples include, but are not limited to, the applicable hazardous waste
				  characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard
				  communication consistent with the Department of Transportation requirements at
				  49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard
				  statement or pictogram consistent with the Occupational Safety and Health
				  Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code 704);
(C) Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within
				  180 days of first entering the tank if using a batch process, or in the case of
				  a tank with a continuous flow process, demonstrate that estimated volumes of
				  hazardous waste entering the tank daily exit the tank within 180 days of first
				  entering; and
(D) Keep inventory
				  logs or records with the above information on site and readily available for
				  inspection.
(7) Land disposal restrictions. A small
				  quantity generator must comply with all the applicable requirements under 40
				  CFR part 268 .
(8) Preparedness and
				  prevention-
(i) Maintenance and operation of
				  facility. A small quantity generator must maintain and operate its facility to
				  minimize the possibility of a fire, explosion, or any unplanned sudden or
				  non-sudden release of hazardous waste or hazardous waste constituents to air,
				  soil, or surface water which could threaten human health or the
				  environment.
(ii) Required
				  equipment. All areas where hazardous waste is either generated or accumulated
				  must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this
				  section (unless none of the hazards posed by waste handled at the facility
				  could require a particular kind of equipment specified below or the actual
				  waste generation or accumulation area does not lend itself for safety reasons
				  to have a particular kind of equipment specified below). A small quantity
				  generator may determine the most appropriate locations to locate equipment
				  necessary to prepare for and respond to emergencies.
(A) An internal communications or alarm
				  system capable of providing immediate emergency instruction (voice or signal)
				  to facility personnel;
(B) A
				  device, such as a telephone (immediately available at the scene of operations)
				  or a hand-held two-way radio, capable of summoning emergency assistance from
				  local police departments, fire departments, or State or local emergency
				  response teams;
(C) Portable fire
				  extinguishers, fire control equipment (including special extinguishing
				  equipment, such as that using foam, inert gas, or dry chemicals), spill control
				  equipment, and decontamination equipment; and
(D) Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
(iii) Testing and maintenance of equipment.
				  All communications or alarm systems, fire protection equipment, spill control
				  equipment, and decontamination equipment, where required, must be tested and
				  maintained as necessary to assure its proper operation in time of
				  emergency.
(iv) Access to
				  communications or alarm system.
(A) Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation must have immediate access (e.g., direct or
				  unimpeded access) to an internal alarm or emergency communication device,
				  either directly or through visual or voice contact with another employee,
				  unless such a device is not required under paragraph (b)(8)(ii) of this
				  section.
(B) In the event there is
				  just one employee on the premises while the facility is operating, the employee
				  must have immediate access (e.g., direct or unimpeded access) to a device, such
				  as a telephone (immediately available at the scene of operation) or a hand-held
				  two-way radio, capable of summoning external emergency assistance, unless such
				  a device is not required under paragraph (b)(8)(ii) of this section.
(v) Required aisle space. The
				  small quantity generator must maintain aisle space to allow the unobstructed
				  movement of personnel, fire protection equipment, spill control equipment, and
				  decontamination equipment to any area of facility operation in an emergency,
				  unless aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities.
(A) The small quantity generator must attempt
				  to make arrangements with the local police department, fire department, other
				  emergency response teams, emergency response contractors, equipment suppliers
				  and local hospitals, taking into account the types and quantities of hazardous
				  wastes handled at the facility. Arrangements may be made with the Local
				  Emergency Planning Committee, if it is determined to be the appropriate
				  organization with which to make arrangements.
(1) A small quantity generator attempting to
				  make arrangements with its local fire department must determine the potential
				  need for the services of the local police department, other emergency response
				  teams, emergency response contractors, equipment suppliers and local
				  hospitals.
(2) As part of this
				  coordination, the small quantity generator shall attempt to make arrangements,
				  as necessary, to familiarize the above organizations with the layout of the
				  facility, the properties of hazardous waste handled at the facility and
				  associated hazards, places where facility personnel would normally be working,
				  entrances to roads inside the facility, and possible evacuation routes as well
				  as the types of injuries or illnesses that could result from fires, explosions,
				  or releases at the facility.
(3)
				  Where more than one police or fire department might respond to an emergency,
				  the small quantity generator shall attempt to make arrangements designating
				  primary emergency authority to a specific fire or police department, and
				  arrangements with any others to provide support to the primary emergency
				  authority.
(B) A small
				  quantity generator shall maintain records documenting the arrangements with the
				  local fire department as well as any other organization necessary to respond to
				  an emergency. This documentation must include documentation in the operating
				  record that either confirms such arrangements actively exist or, in cases where
				  no arrangements exist, confirms that attempts to make such arrangements were
				  made.
(C) A facility possessing
				  24-hour response capabilities may seek a waiver from the authority having
				  jurisdiction (AHJ) over the fire code within the facility's state or locality
				  as far as needing to make arrangements with the local fire department as well
				  as any other organization necessary to respond to an emergency, provided that
				  the waiver is documented in the operating record.
(9) Emergency procedures. The
				  small quantity generator complies with the following conditions for those areas
				  of the generator facility where hazardous waste is generated and accumulated:
(i) At all times there must be at least one
				  employee either on the premises or on call (i.e., available to respond to an
				  emergency by reaching the facility within a short period of time) with the
				  responsibility for coordinating all emergency response measures specified in
				  paragraph (b)(9)(iv) of this section. This employee is the emergency
				  coordinator.
(ii) The small
				  quantity generator must post the following information next to telephones and
				  in areas directly involved in the generation and accumulation of hazardous
				  waste:
(A) The name and emergency telephone
				  number of the emergency coordinator;
(B) Location of fire extinguishers and spill
				  control material, and, if present, fire alarm; and
(C) The telephone number of the fire
				  department, unless the facility has a direct alarm.
(iii) The small quantity generator must
				  ensure that all employees are thoroughly familiar with proper waste handling
				  and emergency procedures, relevant to their responsibilities during normal
				  facility operations and emergencies;
(iv) The emergency coordinator or his
				  designee must respond to any emergencies that arise. The applicable responses
				  are as follows:
(A) In the event of a fire,
				  call the fire department or attempt to extinguish it using a fire
				  extinguisher;
(B) In the event of a
				  spill, the small quantity generator is responsible for containing the flow of
				  hazardous waste to the extent possible, and as soon as is practicable, cleaning
				  up the hazardous waste and any contaminated materials or soil. Such containment
				  and cleanup can be conducted either by the small quantity generator or by a
				  contractor on behalf of the small quantity generator;
(C) In the event of a fire, explosion, or
				  other release that could threaten human health outside the facility or when the
				  small quantity generator has knowledge that a spill has reached surface water,
				  the small quantity generator must immediately notify the National Response
				  Center (using their 24-hour toll free number 800/424-8802) and 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)
				  5864249 during business hours. The report must include the following
				  information:
(1) The name, address, and U.S.
				  EPA identification number of the small quantity generator;
(2) Date, time, and type of incident (e.g.,
				  spill or fire);
(3) Quantity and
				  type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of
				  recovered materials, if any.