Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Section 11-266.1-18 - Amendments to the incorporation of 40 C.F.R. part 266, subpart P

Current through June, 2024
(a) The incorporation by reference of the
				heading of 40 C.F.R. part 266 , subpart P is amended as follows: insert "and
				Hazardous Waste Electronic Nicotine Delivery Systems" at the end of the
				heading.
(b) The incorporation by
				reference of
				40 C.F.R. section
				266.500 is amended as follows:
"(1) The following definitions are excluded
				from incorporation: "Non-hazardous waste pharmaceutical" and
				"Non-pharmaceutical hazardous waste".
(2) The following definitions are amended as
				follows:
"Hazardous waste pharmaceutical" definition. Replace the
				  definition in its entirety to read: ""Hazardous waste pharmaceutical" means a
				  pharmaceutical that is a solid waste, as defined in
				  40 C.F.R. section
				  261.2, as incorporated and amended in section
				  11-261.1-1, and a hazardous waste, as defined in
				  40 C.F.R. section
				  261.3, as incorporated and amended in section
				  11-261.1-1."
"Pharmaceutical" definition. Delete "; any electronic
				  nicotine delivery system (e.g., electronic cigarette or vaping pen); or any
				  liquid nicotine (e-liquid) packaged for retail sale for use in electronic
				  nicotine delivery systems (e.g., pre-filled cartridges or vials)" and insert
				  "Pharmaceutical includes an electronic nicotine delivery system that is subject
				  to regulation as a drug, device, or combination product by the U.S. Food and
				  Drug Administration." after "spills of pharmaceuticals.".
(3) Add the following additional definitions
				in alphabetical order:
"Electronic nicotine delivery system" means any electronic
				  device that can be used to aerosolize and deliver nicotine to the person
				  inhaling from the device (e.g., electronic cigarette, electronic pipe, vaping
				  pen) and any liquid nicotine (e-liquid) packaged for retail sale for use in
				  such a device (e.g., pre-filled cartridge, tank, pod, or vial).
"Electronic nicotine delivery system retailer" means any
				  person who distributes or sells electronic nicotine delivery systems. This
				  definition includes, but is not limited to, retailers who sell products
				  directly to consumers, wholesale distributors, and third-party logistics
				  providers that serve as forward distributors. This definition does not include
				  manufacturers or reverse logistics centers.
"Hazardous waste electronic nicotine delivery system" means
				  an electronic nicotine delivery system that is a solid waste, as defined in
				  40 C.F.R. section
				  261.2, as incorporated and amended in section
				  11-261.1-1, and a hazardous waste, as defined in
				  40 C.F.R. section
				  261.3, as incorporated and amended in section
				  11-261.1-1.
"Household waste electronic nicotine delivery system" means
				  an electronic nicotine delivery system that is a solid waste, as defined in
				  40 C.F.R. section
				  261.2, as incorporated and amended in section
				  11-261.1-1, but is excluded from being a hazardous waste under
				  40
				  C.F.R. section 261.4(b)(1),
				  as incorporated and amended in section 11-261.1-1.
"Non-creditable subpart P hazardous waste" means a
				  non-creditable hazardous waste pharmaceutical or a hazardous waste electronic
				  nicotine delivery system.
"Non-subpart P hazardous waste" means a solid waste, as
				  defined in
				  40 C.F.R. section
				  261.2, as incorporated and amended in section
				  11-261.1-1, that is a hazardous waste, as defined in
				  40 C.F.R. section
				  261.3, as incorporated and amended in section
				  11-261.1-1, and is not a pharmaceutical or electronic nicotine delivery system,
				  as defined in this section.
"Subpart P hazardous waste" means a hazardous waste
				  pharmaceutical or a hazardous waste electronic nicotine delivery system.