Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 260.1 - HAZARDOUS WASTE MANAGEMENT: GENERAL PROVISIONS › Part 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL › Subpart A - General › Section 11-260.2 - Availability of information; confidentiality of information

Current through June, 2024
(a)
					 Any information provided to EPA under parts 260 through 266 and 268 of this
					 chapter will be made available to the public to the extent and in the manner
					 authorized by the Freedom of Information Act,
					 5
					 U.S.C. section 552, section 3007(b) of RCRA
					 and EPA regulations implementing the Freedom of Information Act and section
					 3007(b), and part 2 of this chapter, as applicable. Any information provided to
					 the state department of health under chapters
					 11-260.1 to 11-268.1 will be made
					 available to the public to the extent and in the manner authorized by sections
					 342J-14
					 and
					 342J-14.5, HRS,
					 and any applicable provisions of chapter
					 92F, HRS, and of chapter
					 2-71.
(b) Except as provided under paragraphs (c)
					 and (d) of this section, any person who submits information to EPA in
					 accordance with parts 260 through 266 and 268 of this chapter may assert a
					 claim of business confidentiality covering part or all of that information by
					 following the procedures set forth in § 2.203(b) of this chapter.
Information covered by such a claim will be disclosed by
						EPA only to the extent, and by means of the procedures, set forth in part 2,
						subpart B, of this chapter. Except as provided under paragraph (c)(1) of this
						section, any person who submits information to the state department of health
						in accordance with chapters
						11-260.1 to 11-268.1 may assert a
						claim of business confidentiality covering part or all of that
						information.
Information covered by such a claim will be disclosed by
						the department only to the extent, and by means of the procedures, set forth in
						sections
						342J-14
						and
						342J-14.5, HRS,
						and any applicable provisions of chapter 92F, HRS, and of chapter
						2-71.
(c)
(1)
					 After August 6, 2014, no claim of business confidentiality may be asserted to
					 EPA by any person with respect to information entered on a Hazardous Waste
					 Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA
					 Form 8700-22A), or an electronic manifest format that may be prepared and used
					 in accordance with § 262.20(a)(3) of this chapter. After July 17, 2017, no
					 claim of business confidentiality may be asserted to the state department of
					 health by any person with respect to information entered on a Hazardous Waste
					 Manifest (EPA Form 8700-22), a Hazardous Waste Manifest Continuation Sheet (EPA
					 Form 8700-22A), or an electronic manifest format that may be prepared and used
					 in accordance with
					 40 C.F.R. §
													262.20(a)(3), as
					 incorporated and amended in this chapter.
(2) EPA will make any electronic manifest
					 that is prepared and used in accordance with § 262.20(a)(3), or any paper
					 manifest that is submitted to the system under §§264.71(a)(6) or
					 265.71(a)(6) of this chapter available to the public under this section when
					 the electronic or paper manifest is a complete and final document. Electronic
					 manifests and paper manifests submitted to the system are considered by EPA to
					 be complete and final documents and publicly available information after 90
					 days have passed since the delivery to the designated facility of the hazardous
					 waste shipment identified in the manifest.