Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268.1 - HAZARDOUS WASTE MANAGEMENT: LAND DISPOSAL RESTRICTIONS › Part 268 - LAND DISPOSAL RESTRICTIONS › Subpart A - General › Section 11-268.9 - Special rules regarding wastes that exhibit a characteristic

Current through June, 2024
(a)
					 The initial generator of a solid waste must determine each EPA Hazardous Waste
					 Number (waste code) applicable to the waste in order to determine the
					 applicable treatment standards under subpart D of this part. This determination
					 may be made concurrently with the hazardous waste determination required in
					 § 262.11 of this chapter. For purposes of part 268, the waste will carry
					 the waste code for any applicable listed waste ( 40 CFR part 261 , subpart D).
					 In addition, where the waste exhibits a characteristic, the waste will carry
					 one or more of the characteristic waste codes ( 40 CFR part 261 , subpart C),
					 except when the treatment standard for the listed waste operates in lieu of the
					 treatment standard for the characteristic waste, as specified in paragraph (b)
					 of this section. If the generator determines that their waste displays a
					 hazardous characteristic (and is not D001 nonwastewaters treated by CMBST,
					 RORGS, OR POLYM of § 268.42, Table 1), the generator must determine the
					 underlying hazardous constituents (as defined at § 268.2(i)) in the
					 characteristic waste.
(b) Where a
					 prohibited waste is both listed under 40 CFR part 261 , subpart D and exhibits
					 a characteristic under 40 CFR part 261 , subpart C, the treatment standard for
					 the waste code listed in 40 CFR part 261 , subpart D will operate in lieu of
					 the standard for the waste code under 40 CFR part 261 , subpart C, provided
					 that the treatment standard for the listed waste includes a treatment standard
					 for the constituent that causes the waste to exhibit the characteristic.
					 Otherwise, the waste must meet the treatment standards for all applicable
					 listed and characteristic waste codes.
(c) In addition to any applicable standards
					 determined from the initial point of generation, no prohibited waste which
					 exhibits a characteristic under 40 CFR part 261 , subpart C may be land
					 disposed unless the waste complies with the treatment standards under subpart D
					 of this part.
(d) Wastes that
					 exhibit a characteristic are also subject to § 268.7 requirements, except
					 that once the waste is no longer hazardous, a one-time notification and
					 certification must be placed in the generator's or treater's on-site files. The
					 notification and certification must be updated if the process or operation
					 generating the waste changes and/or if the subtitle D facility receiving the
					 waste changes.
(1) The notification must
					 include the following information:
(i) Name
					 and address of the RCRA Subtitle D facility receiving the waste shipment;
					 and
(ii) A description of the waste
					 as initially generated, including the applicable EPA hazardous waste code(s),
					 treatability group(s), and underlying hazardous constituents (as defined in
					 § 268.2(i)), unless the waste will be treated and monitored for all
					 underlying hazardous constituents. If all underlying hazardous constituents
					 will be treated and monitored, there is no requirement to list any of the
					 underlying hazardous constituents on the notice.