reglab/statecodes huggingface dataset:
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 B - Definitions › Section 11-260.11 - Incorporation by reference

Current through June, 2024
(a) When used in
					 parts 260 through 268 of this chapter, the following publications are
					 incorporated by reference. These incorporations by reference were approved by
					 the Director of the Federal Register pursuant to
					 5
					 U.S.C. 552(a) and 1 CFR part
					 51. These materials are incorporated as they exist on the date of approval and
					 a notice of any change in these materials will be published in the Federal
					 Register. Copies may be inspected at the Library, U.S. Environmental Protection
					 Agency, 1200 Pennsylvania Ave., NW. (3403T), Washington, DC 20460,
libraryhq@epa.gov
; or at the National Archives and
					 Records Administration (NARA). For information on the availability of this
					 material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
(b) The following materials are available for
					 purchase from the American Society for Testing and Materials, 100 Barr Harbor
					 Drive, P.O. Box C700, West Conshohocken, PA 19428-2959.
(1) ASTM D-93-79 or D-93-80, "Standard Test
					 Methods for Flash Point by Pensky-Martens Closed Cup Tester," IBR approved for
					 § 261.21.
(2) ASTM D-1946-82,
					 "Standard Method for Analysis of Reformed Gas by Gas Chromatography," IBR
					 approved for §§ 264.1033, 265.1033.
(3) ASTM D 2267-88, "Standard Test Method for
					 Aromatics in Light Naphthas and Aviation Gasolines by Gas Chromatography," IBR
					 approved for § 264.1063.
(4)
					 ASTM D 2382-83, "Standard Test Method for Heat of Combustion of Hydrocarbon
					 Fuels by Bomb Calorimeter (High-Precision Method)," IBR approved for
					 §§ 264.1033, 265.1033.
(5) ASTM D 2879-92, "Standard Test Method for
					 Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature
					 of Liquids by Isoteniscope," IBR approved for § 265.1084.
(6) ASTM D-3278-78, "Standard Test Methods
					 for Flash Point for Liquids by Setaflash Closed Tester," IBR approved for
					 § 261.21(a).
(7) ASTM E
					 168-88, "Standard Practices for General Techniques of Infrared Quantitative
					 Analysis," IBR approved for § 264.1063.
(8) ASTM E 169-87, "Standard Practices for
					 General Techniques of Ultraviolet-Visible Quantitative Analysis," IBR approved
					 for § 264.1063.
(9) ASTM E
					 260-85, "Standard Practice for Packed Column Gas Chromatography," IBR approved
					 for § 264.1063.
(10) ASTM E
					 926-88, "Standard Test Methods for Preparing Refuse-Derived Fuel (RDF) Samples
					 for Analyses of Metals," Test Method C-Bomb, Acid Digestion Method.
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 C - Rulemaking Petitions › Section 11-260.20 - General

Current through June, 2024
(a) Any person may petition the director to
					 modify or revoke any provision in parts 260 through 266, 268 and 273 of this
					 chapter. This section sets forth general requirements which apply to all such
					 petitions. Section 260.23 sets forth additional requirements for petitions to
					 amend part 273 of this chapter to include additional hazardous wastes or
					 categories of hazardous waste as universal waste.
(b) Each petition must be submitted to the
					 director by certified mail and must include:
(1) The petitioner's name and
					 address;
(2) A statement of the
					 petitioner's interest in the proposed action;
(3) A description of the proposed action,
					 including (where appropriate) suggested regulatory language; and
(4) A statement of the need and justification
					 for the proposed action, including any supporting tests, studies, or other
					 information.
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 C - Rulemaking Petitions › Section 11-260.23 - Petitions to amend 40 CFR part 273 to include additional hazardous wastes

Current through June, 2024
(a) Any person seeking to add a hazardous
					 waste or a category of hazardous waste to the universal waste regulations of
					 part 273 of this chapter may petition for a regulatory amendment under this
					 section, 40 CFR 260.20, and
					 subpart G of 40 CFR part 273 .
(b)
					 To be successful, the petitioner must demonstrate to the satisfaction of the
					 director that regulation under the universal waste regulations of 40 CFR part
					 273: Is appropriate for the waste or category of waste; will improve management
					 practices for the waste or category of waste; and will improve implementation
					 of the hazardous waste program. The petition must include the information
					 required by
					 40 CFR
					 260.20(b). The petition
					 should also address as many of the factors listed in
					 40
					 CFR 273.81 as are appropriate for the waste
					 or category of waste addressed in the petition.
(c) The director will grant or deny a
					 petition using the factors listed in
					 40
					 CFR 273.81. The decision will be based on the
					 weight of evidence showing that regulation under 40 CFR part 273 is appropriate
					 for the waste or category of waste, will improve management practices for the
					 waste or category of waste, and will improve implementation of the hazardous
					 waste program.
(d) The director may
					 request additional information needed to evaluate the merits of the
					 petition.
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 C - Rulemaking Petitions › Section 11-260.30 - Non-waste determinations and variances from classification as a solid waste

Current through June, 2024
In accordance with the standards and criteria in §
						260.31 and § 260.34 and the procedures in § 260.33, the director may
						determine on a case-by-case basis that the following recycled materials are not
						solid wastes:
(a) Materials that are
					 accumulated speculatively without sufficient amounts being recycled (as defined
					 in § 261.1(c)(8) of this chapter);
(b) Materials that are reclaimed and then
					 reused within the original production process in which they were
					 generated;
(c) Materials that have
					 been reclaimed but must be reclaimed further before the materials are
					 completely recovered.
(d) Hazardous
					 secondary materials that are reclaimed in a continuous industrial process;
					 and
(e) Hazardous secondary
					 materials that are indistinguishable in all relevant aspects from a product or
					 intermediate.
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 C - Rulemaking Petitions › Section 11-260.31 - Standards and criteria for variances from classification as a solid waste

Current through June, 2024
(a) The director may grant requests for a
					 variance from classifying as a solid waste those materials that are accumulated
					 speculatively without sufficient amounts being recycled if the applicant
					 demonstrates that sufficient amounts of the material will be recycled or
					 transferred for recycling in the following year. If a variance is granted, it
					 is valid only for the following year, but can be renewed, on an annual basis,
					 by filing a new application. The director's decision will be based on the
					 following criteria:
(1) The manner in which
					 the material is expected to be recycled, when the material is expected to be
					 recycled, and whether this expected disposition is likely to occur (for
					 example, because of past practice, market factors, the nature of the material,
					 or contractual arrangements for recycling);
(2) The reason that the applicant has
					 accumulated the material for one or more years without recycling 75 percent of
					 the volume accumulated at the beginning of the year;
(3) The quantity of material already
					 accumulated and the quantity expected to be generated and accumulated before
					 the material is recycled;
(4) The
					 extent to which the material is handled to minimize loss;
(5) Other relevant factors.
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 C - Rulemaking Petitions › Section 11-260.32 - Variances to be classified as a boiler

Current through June, 2024
In accordance with the standards and criteria in §
						260.10 (definition of "boiler"), and the procedures in § 260.33, the
						director may determine on a case-by-case basis that certain enclosed devices
						using controlled flame combustion are boilers, even though they do not
						otherwise meet the definition of boiler contained in § 260.10, after
						considering the following criteria:
(a) The extent to which the unit has
					 provisions for recovering and exporting thermal energy in the form of steam,
					 heated fluids, or heated gases; and
(b) The extent to which the combustion
					 chamber and energy recovery equipment are of integral design; and
(c) The efficiency of energy recovery,
					 calculated in terms of the recovered energy compared with the thermal value of
					 the fuel; and
(d) The extent to
					 which exported energy is utilized; and
(e) The extent to which the device is in
					 common and customary use as a "boiler" functioning primarily to produce steam,
					 heated fluids, or heated gases; and
(f) Other factors, as appropriate.
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 C - Rulemaking Petitions › Section 11-260.33 - Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, or for non-waste determinations

Current through June, 2024
The director will use the following procedures in
						evaluating applications for variances from classification as a solid waste,
						applications to classify particular enclosed controlled flame combustion
						devices as boilers, or applications for non-waste determinations.
(a) The applicant must apply to the director
					 for the variance or non-waste determination. The application must address the
					 relevant criteria contained in § 260.31, § 260.32, or § 260.34,
					 as applicable.
(b) The director
					 will evaluate the application and issue a draft notice tentatively granting or
					 denying the application. Notification of this tentative decision will be
					 provided by newspaper advertisement or radio broadcast in the locality where
					 the recycler is located. The director will accept comment on the tentative
					 decision for 30 days, and may also hold a public hearing upon request or at his
					 discretion. The director will issue a final decision after receipt of comments
					 and after the hearing (if any).
(c)
					 In the event of a change in circumstances that affect how a hazardous secondary
					 material meets the relevant criteria contained in § 260.31, § 260.32,
					 or § 260.34 upon which a variance or non-waste determination has been
					 based, the applicant must send a description of the change in circumstances to
					 the director. The director may issue a determination that the hazardous
					 secondary material continues to meet the relevant criteria of the variance or
					 non-waste determination or may require the facility to re-apply for the
					 variance or non-waste determination.
(d) Variances and non-waste determinations
					 shall be effective for a fixed term not to exceed ten years. No later than six
					 months prior to the end of this term, facilities must re-apply for a variance
					 or non-waste determination. If a facility re-applies for a variance or
					 non-waste determination within six months, the facility may continue to operate
					 under an expired variance or non-waste determination until receiving a decision
					 on their reapplication from the director.
(e) Facilities receiving a variance or
					 non-waste determination must provide notification as required by § 260.42
					 of this chapter.
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 C - Rulemaking Petitions › Section 11-260.34 - Standards and criteria for non-waste determinations

Current through June, 2024
(a)
					 An applicant may apply to the director for a formal determination that a
					 hazardous secondary material is not discarded and therefore not a solid waste.
					 The determinations will be based on the criteria contained in paragraphs (b) or
					 (c) of this section, as applicable. If an application is denied, the hazardous
					 secondary material might still be eligible for a solid waste variance or
					 exclusion (for example, one of the solid waste variances under § 260.31).
					 Determinations may only be granted by the State if the State is either
					 authorized for this provision or if the following conditions are met:
(1) The State determines the hazardous
					 secondary material meets the criteria in paragraphs (b) or (c) of this section,
					 as applicable;
(2) The State
					 requests that EPA review its determination; and
(3) EPA approves the State
					 determination.
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 C - Rulemaking Petitions › Section 11-260.40 - Additional regulation of certain hazardous waste recycling activities on a case-by-case basis

Current through June, 2024
[The procedures for this decision are set forth in §
						260.41 of this chapter.]
(a) The
					 director may decide on a case-by-case basis that persons accumulating or
					 storing the recyclable materials described in § 261.6(a)(2)(iii) of this
					 chapter should be regulated under § 261.6 (b) and (c) of this chapter. The
					 basis for this decision is that the materials are being accumulated or stored
					 in a manner that does not protect human health and the environment because the
					 materials or their toxic constituents have not been adequately contained, or
					 because the materials being accumulated or stored together are incompatible. In
					 making this decision, the director will consider the following factors:
(1) The types of materials accumulated or
					 stored and the amounts accumulated or stored;
(2) The method of accumulation or
					 storage;
(3) The length of time the
					 materials have been accumulated or stored before being reclaimed;
(4) Whether any contaminants are being
					 released into the environment, or are likely to be so released; and
(5) Other relevant factors.
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 C - Rulemaking Petitions › Section 11-260.41 - Procedures for case-by-case regulation of hazardous waste recycling activities

Current through June, 2024
The director will use the following procedures when
						determining whether to regulate hazardous waste recycling activities described
						in § 261.6(a)(2)(iii) under the provisions of § 261.6 (b) and (c),
						rather than under the provisions of subpart F of part 266 of this
						chapter.
(a) If a generator is
					 accumulating the waste, the director will issue a notice setting forth the
					 factual basis for the decision and stating that the person must comply with the
					 applicable requirements of subparts A, C, D, and E of part 262 of this chapter.
					 The notice will become final within 30 days, unless the person served requests
					 a public hearing to challenge the decision. Upon receiving such a request, the
					 director will hold a public hearing. The director will provide notice of the
					 hearing to the public and allow public participation at the hearing. The
					 director will issue a final order after the hearing stating whether or not
					 compliance with part 262 is required. The order becomes effective 30 days after
					 service of the decision unless the director specifies a later date or unless
					 review by the director is requested. The order may be appealed to the director
					 by any person who participated in the public hearing. The director may choose
					 to grant or to deny the appeal. Final state department of health action occurs
					 when a final order is issued and state department of health review procedures
					 are exhausted.
(b) If the person is
					 accumulating the recyclable material as a storage facility, the notice will
					 state that the person must obtain a permit in accordance with all applicable
					 provisions of parts 270 and 124 of this chapter. The owner or operator of the
					 facility must apply for a permit within no less than 60 days and no more than
					 six months of notice, as specified in the notice. If the owner or operator of
					 the facility wishes to challenge the director's decision, he may do so in his
					 permit application, in a public hearing held on the draft permit, or in
					 comments filed on the draft permit or on the notice of intent to deny the
					 permit. The fact sheet accompanying the permit will specify the reasons for the
					 state department of health's determination. The question of whether the
					 director's decision was proper will remain open for consideration during the
					 public comment period discussed under § 124.11 of this chapter and in any
					 subsequent hearing.
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 C - Rulemaking Petitions › Section 11-260.42 - Notification requirement for hazardous secondary materials

Current through June, 2024
(a)
					 Facilities managing hazardous secondary materials under §§ 260.30,
					 261.4(a)(23), 261.4(a)(24), 261.4(a)(25), or 261.4(a)(27) must send a
					 notification prior to operating under the regulatory provision and by March 1
					 of each even numbered year thereafter to the director using EPA Form 8700-12
					 that includes the following information:
(1)
					 The name, address, and EPA ID number (if applicable) of the facility;
(2) The name and telephone number of a
					 contact person;
(3) The NAICS code
					 of the facility;
(4) The regulation
					 under which the hazardous secondary materials will be managed;
(5) For reclaimers and intermediate
					 facilities managing hazardous secondary materials in accordance with §
					 261.4(a)(24) or (25), whether the reclaimer or intermediate facility has
					 financial assurance (not applicable for persons managing hazardous secondary
					 materials generated and reclaimed under the control of the
					 generator);
(6) When the facility
					 began or expects to begin managing the hazardous secondary materials in
					 accordance with the regulation;
(7)
					 A list of hazardous secondary materials that will be managed according to the
					 regulation (reported as the EPA hazardous waste numbers that would apply if the
					 hazardous secondary materials were managed as hazardous wastes);
(8) For each hazardous secondary material,
					 whether the hazardous secondary material, or any portion thereof, will be
					 managed in a land-based unit;
(9)
					 The quantity of each hazardous secondary material to be managed annually;
					 and
(10) The certification
					 (included in EPA Form 8700-12) signed and dated by an authorized representative
					 of the facility.
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 C - Rulemaking Petitions › Section 11-260.43 - Legitimate recycling of hazardous secondary materials

Current through June, 2024
(a)
					 Recycling of hazardous secondary materials for the purpose of the exclusions or
					 exemptions from the hazardous waste regulations must be legitimate. Hazardous
					 secondary material that is not legitimately recycled is discarded material and
					 is a solid waste. In determining if their recycling is legitimate, persons must
					 address all the requirements of this paragraph and must consider the
					 requirements of paragraph (b) of this section.
(1) Legitimate recycling must involve a
					 hazardous secondary material that provides a useful contribution to the
					 recycling process or to a product or intermediate of the recycling process. The
					 hazardous secondary material provides a useful contribution if it:
(i) Contributes valuable ingredients to a
					 product or intermediate; or
(ii)
					 Replaces a catalyst or carrier in the recycling process; or
(iii) Is the source of a valuable constituent
					 recovered in the recycling process; or
(iv) Is recovered or regenerated by the
					 recycling process; or
(v) Is used as
					 an effective substitute for a commercial product.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-1 - Purpose and scope

Current through June, 2024
(a) This chapter
				  identifies those solid wastes which are subject to regulation as hazardous
				  wastes under chapters 11-262 through 11-280 and which are subject to the
				  notification requirements of HRS section
				  342J-6.5. The
				  definitions in chapter
				  11-260 apply to this chapter. In this
				  chapter:
(1) Subchapter A defines the terms
				  "solid waste" and "hazardous waste", identifies those wastes which are excluded
				  from regulation under chapters 11-262 through 11-280 and establishes special
				  management requirements for hazardous waste produced by conditionally exempt
				  small quantity generators and hazardous waste which is recycled.
(2) Subchapter B sets forth the criteria used
				  by the department to identify characteristics of hazardous waste and to list
				  particular hazardous wastes.
(3)
				  Subchapter C identifies characteristics of hazardous waste.
(4) Subchapter D lists particular hazardous
				  wastes.
(5) Subchapter E adopts by
				  reference Appendices I, II, III, VII, VIII, and X to 40 CFR Part 261.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-2 - Definition of solid waste

Current through June, 2024
(a)
(1) A "solid waste" is any discarded material
				  that is not excluded by subsection 11-261-4(a).
(2) A "discarded material" is any material
				  which is:
(i) "Abandoned," as explained in
				  subsection (b); or
(ii) "Recycled,"
				  as explained in subsection (c); or
(iii) Considered "inherently waste-like," as
				  explained in subsection (d); or
(iv) A "military munition" identified as a
				  solid waste in section 11-266-202.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-4 - Exclusions

Current through June, 2024
(a) Materials which are not solid wastes. The
				  following materials are not solid wastes for the purpose of this chapter:
(1)
(i)
				  Domestic sewage; and
(ii) Any
				  mixture of domestic sewage and other wastes that passes through a sewer system
				  to a publicly-owned treatment works for treatment. "Domestic sewage" means
				  untreated sanitary wastes that pass through a sewer system.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-5 - Special requirements for hazardous waste generated by conditionally exempt small quantity generators

Current through June, 2024
(a) A generator is
				  a conditionally exempt small quantity generator in a calendar month if he
				  generates no more than one-hundred kilograms of hazardous waste in that
				  month.
(b) Except for those wastes
				  identified in paragraphs (e), (f), (g), and (j), a conditionally exempt small
				  quantity generator's hazardous wastes are not subject to regulation under
				  chapters
				  11-262 through 11-266, 11-268, and
				  11-270 and 11-271, and the notification requirements of HRS section
				  342J-6.5, provided
				  the generator complies with the requirements of paragraphs (f), (g), and
				  (j).
(c) When making the quantity
				  determinations of this chapter and chapter 11-262, the generator must include
				  all hazardous waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under
				  subsections 11-261-4(c) through (f), paragraph 11-261-6(a)(3), paragraph
				  11-261-7(a)(1), or section 11-261-8; or
(2) Is managed immediately upon generation
				  only in on-site elementary neutralization units, wastewater treatment units, or
				  totally enclosed treatment facilities as defined in section 11-260-10;
				  or
(3) Is recycled, without prior
				  storage or accumulation, only in an on-site process subject to regulation under
				  paragraph 11-261-6(c)(2); or
(4) Is
				  used oil managed under the requirements of paragraph 11-261-6(a)(4) and chapter
				  11-279; or
(5) Is spent lead-acid
				  batteries managed under the requirements of subchapter G of chapter 11-266;
				  or
(6) Is universal waste managed
				  under section 11-261-9 and chapter 11-273.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-7 - Residues of hazardous waste in empty container

Current through June, 2024
(a)
(1) Any hazardous waste remaining in either
				  (i) an empty container or (ii) an inner liner removed from an empty container,
				  as defined in subsection (b), is not subject to regulation under chapters
				  11-261 through 11-265, or chapter 11-268, 11-270 or 11-271 or to the
				  notification requirements of HRS section
				  342J-6.5.
(2) Any hazardous waste in either (i) a
				  container that is not empty or (ii) an inner liner removed from a container
				  that is not empty, as defined in paragraph (b), is subject to regulation under
				  chapters
				  11-261 through 11-265, and chapters
				  11-268, 11-270 and 11-271 and to the notification requirements of HRS section
				  342J-6.5.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-8 - PCB wastes regulated under federal Toxic Substance Control Act

Current through June, 2024
The disposal of PCB-containing dielectric fluid and
					 electric equipment containing such fluid authorized for use and regulated under
					 40 CFR Part 761 and that are hazardous only because they fail the test for the
					 Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are
					 exempt from regulation under chapters 11-261 through 11-265, and chapters
					 11-268, 11-270, and 11-271, and the notification requirements of HRS section
					 342J-6.5.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-9 - Requirements for universal waste

Current through June, 2024
The wastes listed in this section are exempt from
					 regulation under chapters 11-262 through 11-270 except as specified in chapter
					 11-273 and, therefore are not fully
					 regulated as hazardous waste. The wastes listed in this section are subject to
					 regulation under chapter 11-273:
(a)
				  Batteries as described in section 11-273-2;
(b) Pesticides as described in section
				  11-273-3; and
(c) Thermostats as
				  described in section 11-273-4.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTE › Section 11-261-10 - Criteria for identifying the characteristics of hazardous waste

Current through June, 2024
(a) The director shall identify and define a
				  characteristic of hazardous waste in subchapter C only upon determining that:
(1) A solid waste that exhibits the
				  characteristic may:
(i) Cause, or
				  significantly contribute to, an increase in mortality or an increase in serious
				  irreversible, or incapacitating reversible, illness; or
(ii) Pose a substantial present or potential
				  hazard to human health or the environment when it is improperly treated,
				  stored, transported, disposed of or otherwise managed; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 11-261-20 - General

Current through June, 2024
(a) A solid waste, as defined in section
				  11-261-2, which is not excluded from regulation as a hazardous waste under
				  subsection 11-261-4(b), is a hazardous waste if it exhibits any of the
				  characteristics identified in this subchapter.
[Comment: Section 11-262-11 sets forth the generator's
					 responsibility to determine whether his waste exhibits one or more of the
					 characteristics identified in this subchapter.]
(b) A hazardous waste which is identified by
				  a characteristic in this subchapter is assigned every EPA Hazardous Waste
				  Number that is applicable as set forth in this subchapter. This number must be
				  used in complying with the notification requirements of HRS section
				  342J-6.5 and all
				  applicable recordkeeping and reporting requirements under chapters 11-262
				  through 11-265, 11-268, and 11-270.
(c) For purposes of this subchapter, the
				  director will consider a sample obtained using any of the applicable sampling
				  methods specified in Appendix I to be a representative sample within the
				  meaning of chapter
				  11-260.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 11-261-21 - Characteristic of ignitability

Current through June, 2024
(a) A solid waste
				  exhibits the characteristic of ignitability if a representative sample of the
				  waste has any of the following properties:
(1) It is a liquid, other than an aqueous
				  solution containing less than 24 percent alcohol by volume and has flash point
				  less than 60°C (140°F), as determined by a Pensky-Martens Closed Cup
				  Tester, using the test method specified in ASTM Standard D-93-79 or D-93-80
				  (incorporated by reference, see section 11-260-11 ), or a Setaflash Closed Cup
				  Tester, using the test method specified in ASTM Standard D-3278-78
				  (incorporated by reference, see section 11-260-11 ).
(2) It is not a liquid and is capable, under
				  standard temperature and pressure, of causing fire through friction, absorption
				  of moisture or spontaneous chemical changes and, when ignited, burns so
				  vigorously and persistently that it creates a hazard.
(3) It is an ignitable compressed gas as
				  defined in
				  49 CFR
				  173.300 and as determined by the test methods
				  described in that regulation.
(4)
				  It is an oxidizer as defined in
				  49 CFR
				  173.151. (b) A solid waste that exhibits the
				  characteristic of ignitability has the EPA Hazardous Waste Number of
				  D001.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 11-261-22 - Characteristic of corrosivity

Current through June, 2024
(a) A solid waste
				  exhibits the characteristic of corrosivity if a representative sample of the
				  waste has either of the following properties:
(1) It is aqueous and has a pH less than or
				  equal to 2 or greater than or equal to 12.5, as determined by a pH meter using
				  Method 9040 in "Test Methods for Evaluating Solid Waste, Physical/Chemical
				  Methods," EPA Publication SW-846, as incorporated by reference in section
				  11-260-11.
(2) It is a liquid and
				  corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year
				  at a test temperature of 55°C (130°F) as determined by the test method
				  specified in NACE (National Association of Corrosion Engineers) Standard
				  TM-01-69 as standardized in "Test Methods for Evaluating Solid Waste,
				  Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
				  reference in section 11-260-11.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 11-261-23 - Characteristic of reactivity

Current through June, 2024
(a) A solid waste
				  exhibits the characteristic of reactivity if a representative sample of the
				  waste has any of the following properties:
(1) It is normally unstable and readily
				  undergoes violent change without detonating.
(2) It reacts violently with water.
(3) It forms potentially explosive mixtures
				  with water.
(4) When mixed with
				  water, it generates toxic gases, vapors or fumes in a quantity sufficient to
				  present a danger to human health or the environment.
(5) It is a cyanide or sulfide bearing waste
				  which, when exposed to pH conditions between 2 and 12.5, can generate toxic
				  gases, vapors or fumes in a quantity sufficient to present a danger to human
				  health or the environment.
(6) It
				  is capable of detonation or explosive reaction if it is subjected to a strong
				  initiating source or if heated under confinement.
(7) It is readily capable of detonation or
				  explosive decomposition or reaction at standard temperature and
				  pressure.
(8) It is a forbidden
				  explosive as defined in
				  49 CFR
				  173.51, or a Class A explosive as defined in
				  49 CFR
				  173.53 or a Class B explosive as defined in
				  49 CFR 173.88.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter C - CHARACTERISTICS OF HAZARDOUS WASTE › Section 11-261-24 - Toxicity characteristic

Current through June, 2024
(a) A solid waste
				  exhibits the characteristic of toxicity if, using the Toxicity Characteristic
				  Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid
				  Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
				  reference in section 11-260-11, the extract from a representative sample of the
				  waste contains any of the contaminants listed in Table 1 at the concentration
				  equal to or greater than the respective value given in that Table. Where the
				  waste contains less than 0.5 percent filterable solids, the waste itself, after
				  filtering using the methodology outlined in Method 1311, is considered to be
				  the extract for the purpose of this section.
(b) A solid waste that exhibits the
				  characteristic of toxicity has the EPA Hazardous Waste Number specified in
				  Table I which corresponds to the toxic contaminant causing it to be hazardous.
Table 1. -- Maximum Concentration of Contaminants for
					 the
Toxicity Characteristic
EPA HW No. 
								1
Contaminant
CAS No. 
								2
Regulatory Level (mg/L)
D004
Arsenic
7440-38-2
5.0
D005
Barium
7440-39-3
100.0
D018
Benzene
71-43-2
0.5
D006
Cadmium
7440-43-9
1.0
D019
Carbon tetrachloride
56-23-5
0.5
D020
Chlordane
57-74-9
0.03
D021
Chlorobenzene
108-90-7
100.0
D022
Chloroform
67-66-3
6.0
D007
Chromium
7440-47-3
5.0
D023
o-Cresol
95-48-7
4 200.0
D024
m-Cresol
108-39-4
4 200.0
D025
p-Cresol
106-44-5
4 200.0
D026
Cresol
.......
4 200.0
D016
2,4-D
94-75-7
10.0
D027
1,4-Dichlorobenzene
106-46-7
7.5
D028
1,2-Dichloroethane
107-06-2
0.5
D029
1,1-Dichloroethylene
75-35-4
0.7
D030
2,4-Dinitrotoluene
121-14-2
3 0.13
D012
Endrin
72-20-8
0.02
D031
Heptachlor (and its epoxide)
76-44-8
0.008
D032
Hexachlorobenzene
118-74-1
3 0.13
D033
Hexachlorobutadiene
87-68-3
0.5
D034
Hexachloroethane
67-72-1
3.0
D008
Lead
7439-92-1
5.0
D013
Lindane
58-89-9
0.4
D009
Mercury
7439-97-6
0.2
D014
Methoxychlor
72-43-5
10.0
D035
Methyl ethyl ketone
78-93-3
200.0
D036
Nitrobenzene
98-95-3
2.0
D037
Pentrachlorophenol
87-86-5
100.0
D038
Pyridine
110-86-1
3 5.0
D010
Selenium
7782-49-2
1.0
D011
Silver
7440-22-4
5.0
D039
Tetrachloroethylene
127-18-4
0.7
D015
Toxaphene
8001-35-2
0.5
D040
Trichloroethylene
79-01-6
0.5
D041
2,4,5-Trichlorophenol
95-95-4
400.0
D042
2,4,6-Trichlorophenol
88-06-2
2.0
D017
2,4,5-TP (Silvex)
93-72-1
1.0
D043
Vinyl chloride
75-01-4
0.2
1 Hazardous waste number.
2 Chemical abstracts service
					 number.
3 Quantitation limit is greater than
					 the calculated regulatory level. The quantitation limit therefore becomes the
					 regulatory level.
4 If o-, m-, and p-Cresol
					 concentrations cannot be differentiated, the total cresol (D026) concentration
					 is used. The regulatory level of total cresol is 200 mg/l.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter D - LISTS OF HAZARDOUS WASTES › Section 11-261-30 - General

Current through June, 2024
(a) A solid waste is a hazardous waste if it
				  is listed in this subchapter.
(b)
				  The director will indicate his basis for listing the classes or types of wastes
				  listed in this subchapter by employing one or more of the following Hazard
				  Codes:
Ignitable Waste........
(I)
Corrosive Waste........
(C)
Reactive Waste.........
(R)
Toxicity Characteristic Waste.
(E)
Acute Hazardous Waste.....
(H)
Toxic Waste..........
(T)
Appendix VII identifies the constituent which caused the
					 director to list the waste as a Toxicity Characteristic Waste (E) or Toxic
					 Waste (T) in sections 11-261-31 and 11-261-32.
(c) Each hazardous waste listed in this
				  subchapter is assigned an EPA Hazardous Waste Number which precedes the name of
				  the waste. This number must be used in complying with the notification
				  requirements of HRS section
				  342J-6.5 and certain
				  recordkeeping and reporting requirements under chapters 11-262 through 11-265,
				  11-268, and chapter 11-270.
(d) The
				  following hazardous wastes listed in sections 11-261-31 or 11-261-32 are
				  subject to the exclusion limits for acutely hazardous wastes established in
				  section 11-261-5: EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026, and
				  F027.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter D - LISTS OF HAZARDOUS WASTES › Section 11-261-35 - Deletion of Certain Hazardous Waste Code Following Equipment Cleaning and Replacement

Current through June, 2024
(a) Wastes from
				  wood preserving processes at plants that do not resume or initiate use of
				  chlorophenolic preservatives will not meet the listing definition of F032 once
				  the generator has met all of the requirements of paragraphs (b) and (c). These
				  wastes may, however, continue to meet another hazardous waste listing
				  description or may exhibit one or more of the hazardous waste
				  characteristics.
(b) Generators
				  must either clean or replace all process equipment that may have come into
				  contact with chlorophenolic formulations or constituents thereof, including,
				  but not limited to, treatment cylinders, sumps, tanks, piping systems, drip
				  pads, fork lifts, and trams, in a manner that minimizes or eliminates the
				  escape of hazardous waste or constituents, leachate, contaminated drippage, or
				  hazardous waste decomposition products to the ground water, surface water, or
				  atmosphere.
(1) Generators shall do one of
				  the following:
(i) Prepare and follow an
				  equipment cleaning plan and clean equipment in accordance with this
				  section;
(ii) Prepare and follow an
				  equipment replacement plan and replace equipment in accordance with this
				  section; or
(iii) Document cleaning
				  and replacement in accordance with this section, carried out after termination
				  of use of chlorophenolic preservations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter E - APPENDICES › Section 11-261-40 - Appendices

Current through June, 2024
Appendices I, II, III, VII and VIII to 40 CFR Part 261,
					 revised as of May 25, 1998, are made a part of this chapter. These Appendices
					 are entitled:
Appendix I - Representative Sampling Methods Appendix II -
					 Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)
Appendix III - Chemical Analysis Test Methods
Appendix VII - Basis for Listing Hazardous Waste
Appendix VIII - Hazardous Constituents
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix I to Part 261 - Representative Sampling Methods

Current through June, 2024
The methods and equipment used for sampling waste materials
				  will vary with the form aid consistency of the waste materials to be sampled.
				  Samples collected using the sampling protocols listed below, for sampling waste
				  with properties similar to the indicated materials, will be consid4red by the
				  Agency to be representative of the waste.
Extremely viscous liquid -- ASTM Standard D140-70 Crushed or
				  powdered material -- ASTM Standard D346-75 Soil or rock-like material -- ASTM
				  Standard D420-69 Soil-like material -- ASTM Standard D1452-65
Fly Ash-like material -- ASTM Standard D2234-76 [ASTM
				  standard are available from ASTM, 1916 Race St., Philadelphia, PA 19103]
Containerized liquid wastes -- "COLIWASA" described in "Test
				  Methods for the Evaluation of Solid Waste, Physical/Chemical
				  Methods,"1a U.S. Environmental Protection agency,
				  office of Solid Waste, Washington, D.C. 20460. [Copies may be obtained from
				  Solid Waste Information, U.S. Environmental Pretection Agency, 26 W. St. Clair
				  St., Cincinnati, ohio 45268]
1aThese methods are also described in
				  "Samplers and Sampling Procedures for Hazardous Waste Streams," EPA
				  600/2-80-018, January 1980.
Liquid waste in pits, ponds, lagoon, and similar reservoirs.
				  --"Pond Sampler" described in "Test Methods for the Evaluation of Solid Waste,
				  Physical/Chemical Methods."1a
This manual also contain additional information on
				  application of these protocals.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix II to 40 CFR Part 261 - Method 1311 Toxicity Characteristic Leaching Procedure (TCLP)

Current through June, 2024
The TCLP (Method 1311) is published in "Test Methods for
					 Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as
					 incorporated by reference in § 260.11 of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Appendix III to 40 CFR Part 261 - Chemical Analysis Test Methods

Current through June, 2024
Appropriate analytical procedures to determine whether a
					 sample contains a given toxic constituent are specified in Chapter Two,
					 "Choosing the Correct Procedure" found in "Test Methods for Evaluating Solid
					 Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
					 reference in § 260.11 of this chapter. Prior to final sampling and
					 analysis method selection, the individual should consult the specific section
					 or method described in SW-846 for additional guidance on which of the approved
					 methods should be employed for a specific sample analysis situation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261.1 - HAZARDOUS WASTE MANAGEMENT: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 11-261.1-1 - Incorporation of 40 C.F.R. part 261

Current through June, 2024
Title 40, part 261 of the Code of Federal Regulations
				  (C.F.R.), published by the Office of the Federal Register, as amended as of
				  July 1, 2020, is made a part of this chapter subject to the substitutions and
				  amendments set forth in sections 11-261.1-2 to 11-261.1-32.