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 › Part 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart D - Lists of Hazardous Wastes › Section 11-261.33 - Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof

Current through June, 2024
The following materials or items are hazardous wastes if
						and when they are discarded or intended to be discarded as described in §
						261.2(a)(2)(i), when they are mixed with waste oil or used oil or other
						material and applied to the land for dust suppression or road treatment, when
						they are otherwise applied to the land in lieu of their original intended use
						or when they are contained in products that are applied to the land in lieu of
						their original intended use, or when, in lieu of their original intended use,
						they are produced for use as (or as a component of) a fuel, distributed for use
						as a fuel, or burned as a fuel.
(a)
					 Any commercial chemical product, or manufacturing chemical intermediate having
					 the generic name listed in paragraph (e) or (f) of this section.
(b) Any off-specification commercial chemical
					 product or manufacturing chemical intermediate which, if it met specifications,
					 would have the generic name listed in paragraph (e) or (f) of this
					 section.
(c) Any residue remaining
					 in a container or in an inner liner removed from a container that has held any
					 commercial chemical product or manufacturing chemical intermediate having the
					 generic name listed in paragraphs (e) or (f) of this section, unless the
					 container is empty as defined in § 261.7(b) or § 266.507 of this
					 chapter.
[Comment: Unless the residue is being beneficially used
						or reused, or legitimately recycled or reclaimed; or being accumulated, stored,
						transported or treated prior to such use, re-use, recycling or reclamation,
						[the] state department of health considers the residue to be intended for
						discard, and thus, a hazardous waste. An example of a legitimate re-use of the
						residue would be where the residue remains in the container and the container
						is used to hold the same commercial chemical product or manufacturing chemical
						intermediate it previously held. An example of the discard of the residue would
						be where the drum is sent to a drum reconditioner who reconditions the drum but
						discards the residue.]
(d)
					 Any residue or contaminated soil, water or other debris resulting from the
					 cleanup of a spill into or on any land or water of any commercial chemical
					 product or manufacturing chemical intermediate having the generic name listed
					 in paragraph (e) or (f) of this section, or any residue or contaminated soil,
					 water or other debris resulting from the cleanup of a spill, into or on any
					 land or water, of any off-specification chemical product and manufacturing
					 chemical intermediate which, if it met specifications, would have the generic
					 name listed in paragraph (e) or (f) of this section.
[Comment: The phrase "commercial chemical product or
						manufacturing chemical intermediate having the generic name listed in." refers
						to a chemical substance which is manufactured or formulated for commercial or
						manufacturing use which consists of the commercially pure grade of the
						chemical, any technical grades of the chemical that are produced or marketed,
						and all formulations in which the chemical is the sole active ingredient. It
						does not refer to a material, such as a manufacturing process waste, that
						contains any of the substances listed in paragraph (e) or (f). Where a
						manufacturing process waste is deemed to be a hazardous waste because it
						contains a substance listed in paragraph (e) or (f), such waste will be listed
						in either § 261.31 or § 261.32 or will be identified as a hazardous
						waste by the characteristics set forth in subpart C of this part.]
(e) The commercial chemical
					 products, manufacturing chemical intermediates or off-specification commercial
					 chemical products or manufacturing chemical intermediates referred to in
					 paragraphs (a) through (d) of this section, are identified as acute hazardous
					 wastes (H).
[Comment: For the convenience of the regulated community
						the primary hazardous properties of these materials have been indicated by the
						letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that
						the compound only is listed for acute toxicity. Wastes are first listed in
						alphabetical order by substance and then listed again in numerical order by
						Hazardous Waste Number.]
These wastes and their corresponding EPA Hazardous Waste
						Numbers are:
See
						list in 40 CFR section 261.33
(f) The commercial chemical products,
					 manufacturing chemical intermediates, or off-specification commercial chemical
					 products referred to in paragraphs (a) through (d) of this section, are
					 identified as toxic wastes (T) unless otherwise designated.
[Comment: For the convenience of the regulated community,
						the primary hazardous properties of these materials have been indicated by the
						letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity).
						Absence of a letter indicates that the compound is only listed for toxicity.
						Wastes are first listed in alphabetical order by substance and then listed
						again in numerical order by Hazardous Waste Number.]
These wastes and their corresponding EPA Hazardous Waste
						Numbers are:
See
						list in 40 CFR section 261.33