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 11-262.11 - Hazardous waste determination and recordkeeping

Current through June, 2024
A person who generates a solid waste, as defined in
					 40 CFR
					 261.2, must make an accurate determination as
					 to whether that waste is a hazardous waste in order to ensure wastes are
					 properly managed according to applicable RCRA regulations. A hazardous waste
					 determination is made using the following steps:
(a) The hazardous waste determination for
				  each solid waste must be made at the point of waste generation, before any
				  dilution, mixing, or other alteration of the waste occurs, and at any time in
				  the course of its management that it has, or may have, changed its properties
				  as a result of exposure to the environment or other factors that may change the
				  properties of the waste such that the RCRA classification of the waste may
				  change.
(b) A person must determine
				  whether the solid waste is excluded from regulation under
				  40
				  CFR 261.4.
(c) If the waste is not excluded under
				  40
				  CFR 261.4, the person must then use knowledge
				  of the waste to determine whether the waste meets any of the listing
				  descriptions under subpart D of 40 CFR part 261 . Acceptable knowledge that may
				  be used in making an accurate determination as to whether the waste is listed
				  may include waste origin, composition, the process producing the waste,
				  feedstock, and other reliable and relevant information.
(d) The person then must also determine
				  whether the waste exhibits one or more hazardous characteristics as identified
				  in subpart C of 40 CFR part 261 by following the procedures in paragraph (d)(1)
				  or (2) of this section, or a combination of both.
(1) The person must apply knowledge of the
				  hazard characteristic of the waste in light of the materials or the processes
				  used to generate the waste. Acceptable knowledge may include process knowledge
				  (e.g., information about chemical feedstocks and other inputs to the production
				  process); knowledge of products, by-products, and intermediates produced by the
				  manufacturing process; chemical or physical characterization of wastes;
				  information on the chemical and physical properties of the chemicals used or
				  produced by the process or otherwise contained in the waste; testing that
				  illustrates the properties of the waste; or other reliable and relevant
				  information about the properties of the waste or its constituents. A test other
				  than a test method set forth in subpart C of 40 CFR part 261, or an equivalent
				  test method approved by the Administrator under
				  40 C.F.R.
				  section 260.21 and approved by the director,
				  may be used as part of a person's knowledge to determine whether a solid waste
				  exhibits a characteristic of hazardous waste. However, such tests do not, by
				  themselves, provide definitive results. Persons testing their waste must obtain
				  a representative sample of the waste for the testing, as defined at
				  40
				  CFR 260.10.
(2) When available knowledge is inadequate to
				  make an accurate determination, the person must test the waste according to the
				  applicable methods set forth in subpart C of 40 CFR part 261 or according to an
				  equivalent method approved by the Administrator under
				  40 C.F.R.
				  260.21 and approved by the director and in
				  accordance with the following:
(i) Persons
				  testing their waste must obtain a representative sample of the waste for the
				  testing, as defined at
				  40
				  CFR 260.10.
(ii) Where a test method is specified in
				  subpart C of 40 CFR part 261 , the results of the regulatory test, when
				  properly performed, are definitive for determining the regulatory status of the
				  waste.