Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268 - HAZARDOUS WASTE MANAGEMENT LAND DISPOSAL RESTRICTIONS › Subchapter A - GENERAL › Section 11-268-7 - Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities

Current through June, 2024
(a) Requirements
				  for generators:
(1) Determine if the waste
				  has to be treated before being land disposed, as follows: A generator of a
				  hazardous waste must determine if the waste has to be treated before it can be
				  land disposed. This is done by determining if the hazardous waste meets the
				  treatment standards in section 11-268-40 or 11-268-45. This determination can
				  be made in either of two ways: testing the waste or using knowledge of the
				  waste. If the generator tests the waste, testing would normally determine the
				  total concentration of hazardous constituents, or the concentration of
				  hazardous constituents in an extract of the waste obtained using test method
				  1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,''
				  EPA Publication SW-846, as referenced in section 11-260-11, depending on
				  whether the treatment standard for the waste is expressed as a total
				  concentration or concentration of hazardous constituent in the waste's extract.
				  In addition, some hazardous wastes must be treated by particular treatment
				  methods before they can be land disposed. These treatment standards are also
				  found in section 11-268-40, and are described in detail in section 11-268-42,
				  Table 1. These wastes do not need to be tested (however, if they are in a waste
				  mixture, other wastes with concentration level treatment standards would have
				  to be tested). If a generator determines they are managing a waste that
				  displays a hazardous characteristic of ignitability, corrosivity, reactivity,
				  or toxicity, they must comply with the special requirements of section 11-268-9
				  in addition to any applicable requirements in this section.
(2) If the waste does not meet the treatment
				  standard: With the initial shipment of waste to each treatment or storage
				  facility, the generator must send a one-time written notice to each treatment
				  or storage facility receiving the waste, and place a copy in the file. The
				  notice must include the information in column "11-268-7(a)(2) '' of the
				  Generator Paperwork Requirements Table in subsection (a)(4). No further
				  notification is necessary until such time that the waste or facility change, in
				  which case a new notification must be sent and a copy placed in the generator's
				  file.
(3) If the waste meets the
				  treatment standard at the original point of generation:
(i) With the initial shipment of waste to
				  each treatment, storage, or disposal facility, the generator must send a
				  one-time written notice to each treatment, storage, or disposal facility
				  receiving the waste, and place a copy in the file. The notice must include the
				  information indicated in column "11-268-7(a) (3) '' of the Generator Paperwork
				  Requirements Table in subsection (a)(4) and the following certification
				  statement, signed by an authorized representative: "I certify under penalty of
				  law that I personally have examined and am familiar with the waste through
				  analysis and testing or through knowledge of the waste to support this
				  certification that the waste complies with the treatment standards specified in
				  chapter
				  11-268, subchapter D, Hawaii
				  Administrative Rules. I believe that the information I submitted is true,
				  accurate, and complete. I am aware that there are significant penalties for
				  submitting a false certification, including the possibility of a fine and
				  imprisonment."
(ii) If the waste
				  changes, the generator must send a new notice and certification to the
				  receiving facility, and place a copy in their files. Generators of hazardous
				  debris excluded from the definition of hazardous waste under section
				  11-261-3(f) are not subject to these requirements.
(4) For reporting, tracking and recordkeeping
				  when exceptions allow certain wastes that do not meet the treatment standards
				  to be land disposed: There are certain federal exemptions from the requirement
				  that hazardous wastes meet treatment standards before they can be land
				  disposed. These include, but are not limited to case-by-case extensions under
				  40 CFR
				  268.5, disposal in a no-migration unit under
				  40
				  CFR 268.6, or a national capacity variance or
				  case-by-case capacity variance under 40 CFR subpart C. If a generator's waste
				  is so exempt under federal law and if the generator has received a similar
				  exemption from the department with respect to that waste, then with the initial
				  shipment of waste, the generator must send a one-time written notice to each
				  land disposal facility receiving the waste. The notice must include the
				  information indicated in column "11-268-7(a) (4) '' of the Generator Paperwork
				  Requirements Table below. If the waste changes, the generator must send a new
				  notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Required information
Sec. 11-268-7(a)(2)
Sec. 11-268-7(a)(3)
Sec. 11-268-7(a)(4)
Sec. 11-268-7(a)(9)
1. EPA Hazardous Waste and Manifest
								numbers.............
x
x
x
x
2. Statement: this waste is not prohibited from land
								disposal...............................................
x
3. The waste is subject to the LDRs. The
								constituents of concern for F001-F005, and F039, and underlying hazardous
								constituents (for wastes that are not managed in a Clean Water Act (CWA) or
								CWA-equivalent facility), unless the waste will be treated and monitored for
								all constituents. If all constituents will be treated and monitored, there is
								no need to put them all on the LDR
								notice.................................................
x
x
4. The notice must include the applicable
								wastewater/ nonwastewater category (see sections 11-268-2(d) and (f) ) and
								subdivisions made within a waste code based on waste-specific criteria (such as
								D003 reactive cyanide)
x
x
5. Waste analysis data (when
								available).................
x
x
x
6. Date the waste is subject to the
								prohibition.........
x
7. For hazardous debris, when treating with the
								alternative treatment technologies provided by section 11-268-45: the
								contaminants subject to treatment, as described in section 11-268-45(b); and an
								indication that these contaminants are being treated to comply with section
								11-268-45............................................
x
x
8. A certification is needed (see applicable section
								for exact wording).........................................
x
x
(5) If a generator is managing and treating
				  prohibited waste in tanks, containers, or containment buildings regulated under
				  section 11-262-34 to meet applicable LDR treatment standards found in section
				  11-268-40, the generator must develop and follow a written waste analysis plan
				  which describes the procedures they will carry out to comply with the treatment
				  standards. (Generators treating hazardous debris under the alternative
				  treatment standards of Table 1, section 11-268-45, however, are not subject to
				  these waste analysis requirements.) The plan must be kept on site in the
				  generator's records, and the following requirements must be met:
(i) The waste analysis plan must be based on
				  a detailed chemical and physical analysis of a representative sample of the
				  prohibited waste(s) being treated, and contain all information necessary to
				  treat the waste(s) in accordance with the requirements of this chapter,
				  including the selected testing frequency.
(ii) Such plan must be kept in the facility's
				  on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to
				  this section must comply with the notification requirements of paragraph
				  11-268-7(a)(3).
(6) If a
				  generator determines that the waste is restricted based solely on his or her
				  knowledge of the waste, all supporting data used to make this determination
				  must be retained on-site in the generator's files. If a generator determines
				  that the waste is restricted based on testing this waste or an extract
				  developed using the test method 1311 in "Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in
				  section 11-260-11, and all waste analysis data must be retained on-site in the
				  generator's files.
(7) If a
				  generator determines that he or she is managing a restricted waste that is
				  excluded from the definition of hazardous or solid waste or exempt from
				  regulation under sections 11-261-2 through 11-261-6 subsequent to the point of
				  generation (including deactivated characteristic hazardous waste managed in
				  wastewater treatment systems subject to the Clean Water Act (CWA) as specified
				  in section 11-261-4(a)(2), or are CWA-equivalent), he or she must place a
				  one-time notice stating such generation, subsequent exclusion from the
				  definition of hazardous or solid waste or exemption from regulation under
				  sections 11-261-2 through 11-261-6, and the disposition of the waste, in the
				  facility's file.
(8) Generators
				  must retain on-site a copy of all notices, certifications, waste analysis data,
				  and other documentation produced pursuant to this section for at least three
				  years from the date that the waste that is the subject of such documentation
				  was last sent to on-site or off-site treatment, storage, or disposal. The three
				  year record retention period is automatically extended during the course of any
				  unresolved enforcement action regarding the regulated activity or as requested
				  by the director. The requirements of this subsection apply to solid wastes even
				  when the hazardous characteristic is removed prior to disposal, or when the
				  waste is excluded from the definition of hazardous or solid waste under
				  sections 11-261-2 through 11-261-6, or exempted from regulation, subsequent to
				  the point of generation.
(9) If a
				  generator is managing a lab pack containing hazardous wastes and wishes to use
				  the alternative treatment standard for lab packs found at section 11-268-42(c):
(i) With the initial shipment of waste to a
				  treatment facility, the generator must submit a notice that provides the
				  information in column "Sec. 11-268-7(a)(9) '' in the Generator Paperwork
				  Requirements Table of paragraph (a)(4), and the following certification. The
				  certification, which must be signed by an authorized representative and must be
				  placed in the generator's files, must say the following: "I certify under
				  penalty of law that I personally have examined and am familiar with the waste
				  and that the lab pack contains only wastes that have not been excluded under
				  appendix IV to chapter 11-268, Hawaii Administrative Rules and that this lab
				  pack will be sent to a combustion facility in compliance with the alternative
				  treatment standards for lab packs at subsection 11-268-42(c), Hawaii
				  Administrative Rules. I am aware that there are significant penalties for
				  submitting a false certification, including the possibility of fine or
				  imprisonment."
(ii) No further
				  notification is necessary until such time that the wastes in the lab pack
				  change, or the receiving facility changes, in which case a new notice and
				  certification must be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
				  hazardous wastes (D001-D043), underlying hazardous constituents (as defined in
				  section 11-268-2(i) ) need not be determined.
(iv) The generator must also comply with the
				  requirements in paragraphs (a)(6) and (a)(7).
(10) Small quantity generators with tolling
				  agreements pursuant to subsection 11-262-20(e) must comply with the applicable
				  notification and certification requirements of subsection (a) of this section
				  for the initial shipment of the waste subject to the agreement. Such generators
				  must retain on-site a copy of the notification and certification, together with
				  the tolling agreement, for at least three years after termination or expiration
				  of the agreement. The three-year record retention period is automatically
				  extended during the course of any unresolved enforcement action regarding the
				  regulated activity or as requested by the director.