reglab/statecodes huggingface dataset:
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 CC - Air Emission Standards for Tanks and Containers › Section 11-261.1089 - Recordkeeping requirements

Current through June, 2024
(a) Each
					 remanufacturer or other person that stores or treats the hazardous secondary
					 material subject to requirements of this subpart shall record and maintain the
					 information specified in paragraphs (b) through (j) of this section, as
					 applicable to the facility. Except for air emission control equipment design
					 documentation and information required by paragraphs (i) and (j) of this
					 section, records required by this section shall be maintained at the facility
					 for a minimum of 3 years. Air emission control equipment design documentation
					 shall be maintained at the facility until the air emission control equipment is
					 replaced or otherwise no longer in service. Information required by paragraphs
					 (i) and (j) of this section shall be maintained at the facility for as long as
					 the hazardous secondary material management unit is not using air emission
					 controls specified in §§ 261.1084 through 261.1087 of this subpart in
					 accordance with the conditions specified in § 261.1080(b)(7) or (d) of
					 this subpart, respectively.
(b) The
					 remanufacturer or other person that stores or treats the hazardous secondary
					 material using a tank with air emission controls in accordance with the
					 requirements of § 261.1084 of this subpart shall prepare and maintain
					 records for the tank that include the following information:
(1) For each tank using air emission controls
					 in accordance with the requirements of § 261.1084 of this subpart, the
					 remanufacturer or other person that stores or treats the hazardous secondary
					 material shall record:
(i) A tank
					 identification number (or other unique identification description as selected
					 by the remanufacturer or other person that stores or treats the hazardous
					 secondary material).
(ii) A record
					 for each inspection required by § 261.1084 of this subpart that includes
					 the following information:
(A) Date inspection
					 was conducted.
(B) For each defect
					 detected during the inspection: The location of the defect, a description of
					 the defect, the date of detection, and corrective action taken to repair the
					 defect. In the event that repair of the defect is delayed in accordance with
					 the requirements of § 261.1084 of this subpart, the remanufacturer or
					 other person that stores or treats the hazardous secondary material shall also
					 record the reason for the delay and the date that completion of repair of the
					 defect is expected.
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 CC - Air Emission Standards for Tanks and Containers › Section 11-261.1090 - Reserved

Current through June, 2024
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 › 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 and 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 considered 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
					 Standards are available from ASTM, 1916 Race St., Philadelphia, PA
					 19103]
Containerized liquid waste-"COLIWASA."
Liquid waste in pits, ponds, lagoons, and similar
					 reservoirs-"Pond Sampler."
This manual also contains additional information on
					 application of these protocols.
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 › Appendix IV to Part 261 - Reserved for Radioactive Waste Test Methods

Current through June, 2024
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 › Appendix V to Part 261 - Reserved for Infectious Waste Treatment Specifications

Current through June, 2024
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 › Appendix VI to Part 261 - Reserved for Etiologic Agents

Current through June, 2024
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 › Appendix VII to Part 261 - Basis for Listing Hazardous Waste

Current through June, 2024
Appendix VII to Part 261-Basis
					 for Listing Hazardous Waste
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 › Appendix VIII to Part 261 - Hazardous Constituents

Current through June, 2024
Appendix VIII to Part
					 261-Hazardous Constituents
[Appendix IX is excluded from
					 incorporation.]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-262-11 - Hazardous waste determination

Current through June, 2024
A person who generates a solid waste, as defined in
					 section 11-261-2, must determine if that
					 waste is a hazardous waste using the following method:
(a) He should first determine if the waste is
				  excluded from regulation under section 11-261-4.
(b) He must then determine if the waste is
				  listed as a hazardous waste in subchapter D of chapter 11-261.
(c) For purposes of compliance with chapter
				  11-268, or if the waste is not listed in subchapter D of chapter 11-261, the
				  generator must then determine whether the waste is identified in subchapter C
				  of chapter 11-261 by either:
(1) Testing the
				  waste according to the methods set forth in subchapter C of chapter 11-261;
				  or
(2) Applying knowledge of the
				  hazard characteristic of the waste in light of the materials or the processes
				  used.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-262-12 - EPA identification numbers

Current through June, 2024
(a) A generator
				  must not treat, store, dispose of, transport, or offer for transportation,
				  hazardous waste without having received an EPA identification number from the
				  Administrator or the director.
(b)
				  A generator who has not received an EPA identification number may obtain one by
				  applying to the director using EPA form 8700-12. Upon receiving the request the
				  Administrator or director will assign an EPA identification number to the
				  generator.
(c) A generator must not
				  offer his hazardous waste to transporters or to treatment, storage, or disposal
				  facilities that have not received an EPA identification number.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter B - THE MANIFEST › Section 11-262-20 - General requirements

Current through June, 2024
(a) A generator who
				  transports, or offers for transportation, hazardous waste for offsite
				  treatment, storage, or disposal must prepare a Manifest OMB control number
				  2050-0039 on EPA form 8700-22, and, if necessary, EPA form 8700-22A, according
				  to the instructions included in the Appendix to this chapter.
(b) A generator must designate on the
				  manifest one facility which is permitted to handle the waste described on the
				  manifest.
(c) A generator may also
				  designate on the manifest one alternate facility which is permitted to handle
				  his or her waste in the event an emergency prevents delivery of the waste to
				  the primary designated facility.
(d) If the transporter is unable to deliver
				  the hazardous waste to the designated facility or the alternate facility, the
				  generator must either designate another facility or instruct the transporter to
				  return the waste.
(e) The
				  requirements of this subchapter do not apply to hazardous waste produced by
				  generators of greater than one-hundred kg but less than one-thousand kg in a
				  calendar month where:
(1) The waste is
				  reclaimed under a contractual agreement pursuant to which:
(i) The type of waste and frequency of
				  shipments are specified in the agreement;
(ii) The vehicle used to transport the waste
				  to the recycling facility and to deliver regenerated material back to the
				  generator is owned and operated by the reclaimer of the waste; and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter B - THE MANIFEST › Section 11-262-21 - Acquisition of manifests

Current through June, 2024
(a) If the state to
				  which the shipment is manifested (consignment state) supplies the manifest and
				  requires its use, then the generator must use that manifest.
(b) If the consignment state does not supply
				  the manifest, then the generator must use the State's manifest.
(c) [Reserved]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter B - THE MANIFEST › Section 11-262-22 - Number of copies

Current through June, 2024
The manifest consists of at least the number of copies
					 which will provide the generator, each transporter, and the owner or operator
					 of the designated facility with one copy each for their records and another
					 copy to be returned to the generator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter B - THE MANIFEST › Section 11-262-23 - Use of the manifest

Current through June, 2024
(a) The generator
				  must:
(1) Sign the manifest certification by
				  hand; and
(2) Obtain the
				  handwritten signature of the initial transporter and date of acceptance on the
				  manifest; and
(3) Retain one copy,
				  in accordance with subsection 11-262-40(a).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter C - PRE-TRANSPORT REQUIREMENTS › Section 11-262-30 - Packaging

Current through June, 2024
Before transporting hazardous waste or offering hazardous
					 waste for transportation off-site, a generator must package the waste in
					 accordance with the applicable United States Department of Transportation (DOT)
					 regulations on packaging under 49 CFR Parts 173, 178, and
					 179.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter C - PRE-TRANSPORT REQUIREMENTS › Section 11-262-31 - Labeling

Current through June, 2024
Before transporting or offering hazardous waste for
					 transportation off-site, a generator must label each package in accordance with
					 the applicable U.S. Department of Transportation regulations on hazardous
					 materials under 49 CFR Part 172.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter C - PRE-TRANSPORT REQUIREMENTS › Section 11-262-32 - Marking

Current through June, 2024
(a) Before transporting or offering hazardous
				  waste for transportation off-site, a generator must mark each package of
				  hazardous waste in accordance with the applicable U.S. Department of
				  Transportation regulations on hazardous materials under 49 CFR Part
				  172;
(b) Before transporting
				  hazardous waste or offering hazardous waste for transportation off-site, a
				  generator must mark each container of one-hundred and ten gallons or less used
				  in such transportation with the following words and information displayed in
				  accordance with the requirements of
				  49 CFR
				  172.304:
HAZARDOUS WASTE -- Federal Law Prohibits Improper
					 Disposal. If found, contact the nearest police or public safety authority or
					 the U.S. Environmental Protection Agency.
Generator's Name and Address ---------.
Manifest Document Number -----------.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter C - PRE-TRANSPORT REQUIREMENTS › Section 11-262-33 - Placarding

Current through June, 2024
Before transporting hazardous waste or offering hazardous
					 waste for transportation off-site, a generator must placard or offer the
					 initial transporter the appropriate placards according to U.S. Department of
					 Transportation regulations for hazardous materials under 49 CFR Part 172,
					 Subpart F.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter C - PRE-TRANSPORT REQUIREMENTS › Section 11-262-34 - Accumulation time

Current through June, 2024
(a) Except as provided in subsections (d),
				  (e), and (f), a generator may accumulate hazardous waste on-site for ninety
				  days or less without a permit or without having interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies
				  with subchapter I of chapter 11-265; and or
(ii) In tanks and the generator complies with
				  subchapter J of chapter 11-265, except subsection 11-265-197(c) and section
				  11-265-200; and or
(iii) On drip
				  pads and the generator complies with subchapter W of chapter 11-265 and
				  maintains the following records at the facility:
(A) A description of procedures that will be
				  followed to ensure that all wastes are removed from the drip pad and associated
				  collection system at least once every ninety days; and
(B) Documentation of each waste removal,
				  including the quantity of waste removed from the drip pad and the sump or
				  collection system and the date and time of removal; and or
(iv) The waste is placed in containment
				  buildings and the generator complies with subchapter DD of chapter 11-265, has
				  placed its professional engineer certification that the building complies with
				  the design standards specified in section 11-265-1101 in the facility's
				  operating record. The professional engineer certification is required prior to
				  operation of the unit. The owner or operator shall maintain the following
				  records at the facility:
(A) A written
				  description of procedures to ensure that each waste volume remains in the unit
				  for no more than ninety days, a written description of the waste generation and
				  management practices for the facility showing that they are consistent with
				  respecting the ninety day limit, and documentation that the procedures are
				  complied with; or
(B) Documentation
				  that the unit is emptied at least once every ninety days. In addition, such a
				  generator is exempt from all the requirements in subchapters G and H of chapter
				  11-265, except for section 11-265-111 and section 11-265-114.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter D - RECORDKEEPING AND REPORTING › Section 11-262-40 - Recordkeeping

Current through June, 2024
(a) A generator must keep a copy of each
				  manifest signed in accordance with subsection 11-262-23(a) for three years or
				  until he receives a signed copy from the designated facility which received the
				  waste. This signed copy must be retained as a record for at least three years
				  from the date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each
				  Biennial Report and Exception Report for a period of at least three years from
				  the due date of the report.
(c) A
				  generator must keep records of any test results, waste analyses, or other
				  determinations made in accordance with section 11-262-11 for at least three
				  years from the date that the waste was last sent to on-site or off-site
				  treatment, storage, or disposal.
(d) The periods or retention referred to in
				  this section are extended automatically during the course of any unresolved
				  enforcement action regarding the regulated activity or as requested by the
				  director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter D - RECORDKEEPING AND REPORTING › Section 11-262-41 - Biennial report

Current through June, 2024
(a) A generator who
				  ships any hazardous waste off-site to a treatment, storage or disposal facility
				  within the United States must prepare and submit a single copy of a Biennial
				  Report to the director by March 1 of each even numbered year. The Biennial
				  Report must be submitted on a form approved by the director, must cover
				  generator activities during the previous year, and must include the following
				  information:
(1) The EPA identification
				  number, name, and address of the generator;
(2) The calendar year covered by the
				  report;
(3) The EPA identification
				  number, name, and address for each off-site treatment, storage, or disposal
				  facility in the United States to which waste was shipped during the
				  year;
(4) The name and EPA
				  identification number of each transporter used during the reporting year for
				  shipments to a treatment, storage or disposal facility within the United
				  States;
(5) A description, EPA
				  hazardous waste number (from chapter
				  11-261, subchapter C or D), U.S. DOT
				  hazard class, and quantity of each hazardous waste shipped off-site for
				  shipments to a treatment, storage or disposal facility within the United
				  States. This information must be listed by EPA identification number of each
				  such off-site facility to which waste was shipped.
(6) A description of the efforts undertaken
				  during the year to reduce the volume and toxicity of waste generated.
(7) A description of the changes in volume
				  and toxicity of waste actually achieved during the year in comparison to
				  previous years to the extent such information is available for years prior to
				  1984.
(8) The certification signed
				  by the generator or authorized representative.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter D - RECORDKEEPING AND REPORTING › Section 11-262-42 - Exception reporting

Current through June, 2024
(a)
(1) A generator of greater than one-thousand
				  kilograms of hazardous waste in a calendar month who does not receive a copy of
				  the manifest with the handwritten signature of the owner or operator of the
				  designated facility within thirty-five days of the date the waste was accepted
				  by the initial transporter must contact the transporter and or the owner or
				  operator of the designated facility to determine the status of the hazardous
				  waste.
(2) A generator of greater
				  than one-thousand kilograms of hazardous waste in a calendar month must submit
				  an Exception Report to the director if he has not received a copy of the
				  manifest with the handwritten signature of the owner or operator of the
				  designated facility within forty-five days of the date the waste was accepted
				  by the initial transporter. The Exception Report must include:
(i) A legible copy of the manifest for which
				  the generator does not have confirmation of delivery;
(ii) A cover letter signed by the generator
				  or his authorized representative explaining the efforts taken to locate the
				  hazardous waste and the results of those efforts.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter D - RECORDKEEPING AND REPORTING › Section 11-262-43 - Additional reporting

Current through June, 2024
The director, as he deems necessary under HRS section
					 342J-6,
					 may require generators to furnish additional reports concerning the quantities
					 and disposition of wastes identified or listed in chapter
					 11-261.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter D - RECORDKEEPING AND REPORTING › Section 11-262-44 - Special requirements for generators of between 100 and 1000 kilograms per month

Current through June, 2024
A generator of greater than 100 kilograms but less than
					 1000 kilograms of hazardous waste in a calendar month is subject only to the
					 following requirements in this subchapter:
(a) Subsections 11-262-40(a), (c), and (d),
				  recordkeeping;
(b) Subsection
				  11-262-42(b), exception reporting; and
(c) Section 11-262-43, additional
				  reporting.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-50 - Applicability

Current through June, 2024
This subchapter establishes requirements applicable to
					 exports of hazardous waste. Except to the extent section
					 11-262-58 provides otherwise, a
					 primary exporter of hazardous waste must comply with the special requirements
					 of this subchapter and a transporter transporting hazardous waste for export
					 must comply with applicable requirements of chapter 11-263.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-51 - Definitions

Current through June, 2024
In addition to the definitions set forth at section
					 11-260-10, the following
					 definitions apply to this subchapter:
"Consignee" means the ultimate treatment, storage or
					 disposal facility in a receiving country to which the hazardous waste will be
					 sent.
"EPA Acknowledgement of Consent" means the cable sent to
					 EPA from the U.S. Embassy in a receiving country that acknowledges the written
					 consent of the receiving country to accept the hazardous waste and describes
					 the terms and conditions of the receiving country's consent to the
					 shipment.
"Primary exporter" means any person who is required to
					 originate the manifest for a shipment of hazardous waste in accordance with
					 chapter
					 11-262, subchapter B, which specifies
					 a treatment, storage, or disposal facility in a receiving country as the
					 facility to which the hazardous waste will be sent and any intermediary
					 arranging for the export.
"Receiving country" means a foreign country to which a
					 hazardous waste is sent for the purpose of treatment, storage or disposal
					 (except short-term storage incidental to transportation).
"Transit country" means any foreign country, other than a
					 receiving country, through which a hazardous waste is
					 transported.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-52 - General requirements

Current through June, 2024
Exports of hazardous waste are prohibited except in
					 compliance with the applicable requirements of this subchapter and chapter
					 11-263. Exports of hazardous waste are prohibited unless:
(a) Notification in accordance with section
				  11-262-53 has been provided;
(b)
				  The receiving country has consented to accept the hazardous waste;
(c) A copy of the EPA Acknowledgment of
				  Consent to the shipment accompanies the hazardous waste shipment and, unless
				  exported by rail, is attached to the manifest (or shipping paper for exports by
				  water (bulk shipment)).
(d) The
				  hazardous waste shipment conforms to the terms of the receiving country's
				  written consent as reflected in the EPA Acknowledgment of Consent.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-53 - Notification of intent to export

Current through June, 2024
(a) A primary
				  exporter of hazardous waste must notify EPA of an intended export before such
				  waste is scheduled to leave the United States. A complete notification should
				  be submitted sixty (60) days before the initial shipment is intended to be
				  shipped off site. This notification may cover export activities extending over
				  a twelve (12) month or lesser period. The notification must be in writing,
				  signed by the primary exporter, and include the following information:
(1) Name, mailing address, telephone number
				  and EPA identification number of the primary exporter;
(2) By consignee, for each hazardous waste
				  type:
(i) A description of the hazardous
				  waste and the EPA hazardous waste number (from subchapters C and D of chapter
				  11-261 or subparts C and D of 40 CFR Part 261 ), U.S. DOT proper shipping name,
				  hazard class and identification number (UN/NA) for each hazardous waste as
				  identified in 49 CFR Parts 171 through 177;
(ii) The estimated frequency or rate at which
				  such waste is to be exported and the period of time over which such waste is to
				  be exported.
(iii) The estimated
				  total quantity of the hazardous waste in units as specified in the instructions
				  to the Uniform Hazardous Waste Manifest Form (8700-22);
(iv) All points of entry to and departure
				  from each foreign country through which the hazardous waste will
				  pass;
(v) A description of the
				  means by which each shipment of the hazardous waste will be transported (e.g.,
				  mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of
				  container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the
				  hazardous waste will be treated, stored or disposed of in the receiving country
				  (e.g., land or ocean incineration, other land disposal, ocean dumping,
				  recycling);
(vii) The name and site
				  address of the consignee and any alternate consignee; and
(viii) The name of any transit countries
				  through which the hazardous waste will be sent and a description of the
				  approximate length of time the hazardous waste will remain in such country and
				  the nature of its handling while there;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-54 - Special manifest requirements

Current through June, 2024
A primary exporter must comply with the manifest
					 requirements of sections
					 11-262-20 through
					 11-262-23 except that:
(a) In lieu of the name, site address and EPA
				  identification number of the designated permitted facility, the primary
				  exporter must enter the name and site address of the consignee;
(b) In lieu of the name, site address and EPA
				  identification number of a permitted alternate facility, the primary exporter
				  may enter the name and site address of any alternate consignee.
(c) In Special Handling Instructions and
				  Additional Information, the primary exporter must identify the point of
				  departure from the United States;
(d) The following statement must be added to
				  the end of the first sentence of the certification set forth in Item 16 of the
				  Uniform Hazardous Waste Manifest Form: "and conforms to the terms of the
				  attached EPA Acknowledgment of Consent";
(e) In lieu of the requirements of section
				  11-262-21, the primary exporter must obtain the manifest form from the
				  State.
(f) The primary exporter
				  must require the consignee to confirm in writing the delivery of the hazardous
				  waste to that facility and to describe any significant discrepancies (as
				  defined in subsection 11-264-72(a) ) between the manifest and the shipment. A
				  copy of the manifest signed by such facility may be used to confirm delivery of
				  the hazardous waste.
(g) In lieu of
				  the requirements of subsection 11-262-20(d), where a shipment cannot be
				  delivered for any reason to the designated or alternate consignee, the primary
				  exporter must:
(1) Renotify EPA of a change
				  in the conditions of the original notification to allow shipment to a new
				  consignee in accordance with subsection 11-262-53(c) and obtain an EPA
				  Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the
				  waste to the primary exporter in the State or designate another facility within
				  the United States; and
(3) Instruct
				  the transporter to revise the manifest in accordance with the primary
				  exporter's instructions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-55 - Exception reports

Current through June, 2024
In lieu of the requirements of section
					 11-262-42, a primary exporter must
					 file an exception report with the Administrator if:
(a) He has not received a copy of the
				  manifest signed by the transporter stating the date and place of departure from
				  the United States within forty-five (45) days from the date it was accepted by
				  the initial transporter;
(b) Within
				  ninety (90) days from the date the waste was accepted by the initial
				  transporter, the primary exporter has not received written confirmation from
				  the consignee that the hazardous waste was received;
(c) The waste is returned to the United
				  States.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-56 - Annual reports

Current through June, 2024
(a) Primary
				  exporters of hazardous waste shall file with the Administrator no later than
				  March 1 of each year, a report summarizing the types, quantities, frequency,
				  and ultimate destination of all hazardous waste exported during the previous
				  calendar year. Such reports shall include the following:
(1) The EPA identification number, name, and
				  mailing and site address of the exporter;
(2) The calendar year covered by the
				  report;
(3) The name and site
				  address of each consignee;
(4) By
				  consignee, for each hazardous waste exported, a description of the hazardous
				  waste, the EPA hazardous waste number (from subchapter C or D of chapter 11-261
				  or subpart C or D of 40 CFR Part 261 ), U.S. DOT hazard class, the name and
				  U.S. EPA identification number (where applicable) for each transporter used,
				  the total amount of waste shipped and number of shipments pursuant to each
				  notification;
(5) Except for
				  hazardous waste produced by exporters of greater than 100 kg but less than 1000
				  kg in a calendar month, unless provided pursuant to section 11-262-41, in even
				  numbered years:
(i) A description of the
				  efforts undertaken during the year to reduce the volume and toxicity of waste
				  generated; and
(ii) A description
				  of the changes in volume and toxicity of waste actually achieved during the
				  year in comparison to previous years to the extent such information is
				  available for years prior to 1984.
(6) A certification signed by the primary
				  exporter which states:
"I certify under penalty of law that I have personally
					 examined and am familiar with the information submitted in this and all
					 attached documents, and that based on my inquiry of those individuals
					 immediately responsible for obtaining the information, I believe that the
					 submitted information is true, accurate, and complete. I am aware that there
					 are significant penalties for submitting false information including the
					 possibility of fine and imprisonment."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-57 - Recordkeeping

Current through June, 2024
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of
				  intent to export for a period of at least three years from the date the
				  hazardous waste was accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of
				  Consent for a period of at least three years from the date the hazardous waste
				  was accepted by the initial transporter;
(3) Keep a copy of each confirmation of
				  delivery of the hazardous waste from the consignee for at least three years
				  from the date the hazardous waste was accepted by the initial transporter;
				  and
(4) Keep a copy of each annual
				  report for a period of at least three years from the due date of the
				  report.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter E - EXPORTS OF HAZARDOUS WASTE › Section 11-262-58 - International agreements

Current through June, 2024
(a) Any person who
				  exports or imports hazardous waste subject to the federal manifest requirements
				  of 40 CFR Part 262, or subject to the universal waste management standards of
				  40 CFR Part 273, or subject to chapter 11-273, to or from designated member
				  countries of the Organization for Economic Cooperation and Development (OECD)
				  as defined in paragraph (a)(1) for purposes of recovery is subject to
				  subchapter H of this chapter. The requirements of subchapters E and F do not
				  apply.
(1) For the purposes of this
				  subchapter, the designated OECD countries consist of Australia, Austria,
				  Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy,
				  Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain, Sweden,
				  Switzerland, Turkey, United Kingdom, and the United States.
(2) For the purposes of this subchapter,
				  Canada and Mexico are considered OECD member countries only for the purpose of
				  transit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter F - IMPORTS OF HAZARDOUS WASTE › Section 11-262-60 - Imports of hazardous waste from a foreign country

Current through June, 2024
(a)
				  Any person who imports hazardous waste from a foreign country into the United
				  States must comply with the requirements of this chapter and the special
				  requirements of this subchapter.
(b) When importing hazardous waste, a person
				  must meet all the requirements of subsection 11-262-20(a) for the manifest
				  except that:
(1) In place of the generator's
				  name, address and EPA identification number, the name and address of the
				  foreign generator and the importer's name, address and EPA identification
				  number must be used.
(2) In place
				  of the generator's signature on the certification statement, the U.S. importer
				  or his agent must sign and date the certification and obtain the signature of
				  the initial transporter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter F - IMPORTS OF HAZARDOUS WASTE › Section 11-262-61 - Imports of hazardous waste from any state

Current through June, 2024
(a) Any person who
				  imports hazardous waste from any state into the State must comply with
				  subsection 11-262-20(a) and submit the following information in writing to the
				  director within thirty days after the waste has arrived in the State:
(1) The date the waste arrived in the State;
				  and
(2) The disposition of the
				  waste, i.e. storage, treatment, recycling, disposal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter G - FARMERS › Section 11-262-70 - Farmers

Current through June, 2024
A farmer disposing of waste pesticides from his own use
					 which are hazardous wastes is not required to comply with the standards in this
					 chapter or other standards in chapters 11-264, 11-265, 11-268, or 11-270 for
					 those wastes provided he triple rinses each emptied pesticide container in
					 accordance with paragraph
					 11-261-7(b)(3) 
					 and disposes of the pesticide residues on his own farm in a manner consistent
					 with the disposal instructions on the pesticide label.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-80 - Applicability

Current through June, 2024
(a) The requirements of this subchapter apply
				  to imports and exports of wastes that are considered hazardous under United
				  States national procedures and are destined for recovery operations in the
				  countries listed in section 11-262-58(a)(1). A waste is considered hazardous
				  under United States national procedures if it meets the federal definition of
				  hazardous waste in
				  40 CFR
				  261.3 and it is subject to either the federal
				  manifesting requirements at 40 CFR Part 262, Subpart B, to the universal waste
				  management standards of 40 CFR Part 273, or to chapter 11-273.
(b) Any person (notifier, consignee, or
				  recovery facility operator) who mixes two or more wastes (including hazardous
				  and non-hazardous wastes) or otherwise subjects two or more wastes (including
				  hazardous and non-hazardous wastes) to physical or chemical transformation
				  operations, and thereby creates a new hazardous waste, becomes a generator and
				  assumes all subsequent generator duties under chapter 342J, HRS and the rules
				  adopted thereunder, and any notifier duties, if applicable, under this
				  subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-82 - General conditions

Current through June, 2024
(a) Scope. The
				  level of control for exports and imports of waste is indicated by assignment of
				  the waste to a green, amber, or red list and by United States national
				  procedures as defined in section 11-262-80(a). The green, amber, and red lists
				  are incorporated by reference in section 11-262-89(e).
(1) Wastes on the green list are subject to
				  existing controls normally applied to commercial transactions, except as
				  provided below:
(i) Green-list wastes that
				  are considered hazardous under United States national procedures are subject to
				  amber-list controls.
(ii)
				  Green-list wastes that are sufficiently contaminated or mixed with amber-list
				  wastes, such that the waste or waste mixture is considered hazardous under
				  United States national procedures, are subject to amber-list
				  controls.
(iii) Green-list wastes
				  that are sufficiently contaminated or mixed with other wastes subject to
				  red-list controls such that the waste or waste mixture is considered hazardous
				  under United States national procedures must be handled in accordance with the
				  red-list controls.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-84 - Tracking document

Current through June, 2024
(a) All United
				  States parties subject to the contract provisions of section 11-262-85 must
				  ensure that a tracking document meeting the conditions of section 11-262-84(b)
				  accompanies each transfrontier shipment of wastes subject to amber-list or
				  red-list controls from the initiation of the shipment until it reaches the
				  final recovery facility, including cases in which the waste is stored and or
				  exchanged by the consignee prior to shipment to the final recovery facility,
				  except as provided in section 11-262-84(a)(1) and (2).
(1) For shipments of hazardous waste within
				  the United States solely by water (bulk shipments only) the generator must
				  forward the tracking document with the manifest to the last water (bulk
				  shipment) transporter to handle the waste in the United States if exported by
				  water, (in accordance with the manifest routing procedures at section
				  11-262-23(c) ).
(2) For rail
				  shipments of hazardous waste within the United States which originate at the
				  site of generation, the generator must forward the tracking document with the
				  manifest (in accordance with the routing procedures for the manifest in section
				  11-262-23(d) ) to the next non-rail transporter, if any, or the last rail
				  transporter to handle the waste in the United States if exported by
				  rail.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-85 - Contracts

Current through June, 2024
(a) Transfrontier movements of hazardous
				  wastes subject to amber or red control procedures are prohibited unless they
				  occur under the terms of a valid written contract, chain of contracts, or
				  equivalent arrangements (when the movement occurs between parties controlled by
				  the same corporate or legal entity). Such contracts or equivalent arrangements
				  must be executed by the notifier and the owner or operator of the recovery
				  facility, and must specify responsibilities for each. Contracts or equivalent
				  arrangements are valid for the purposes of this section only if persons
				  assuming obligations under the contracts or equivalent arrangements have
				  appropriate legal status to conduct the operations specified in the contract or
				  equivalent arrangement.
(b)
				  Contracts or equivalent arrangements must specify the name and EPA
				  identification number, where available, of:
(1) The generator of each type of
				  waste;
(2) Each person who will
				  have physical custody of the wastes;
(3) Each person who will have legal control
				  of the wastes; and
(4) The recovery
				  facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-86 - Provisions relating to recognized trader

Current through June, 2024
(a) A recognized
				  trader who takes physical custody of a waste and conducts recovery operations
				  (including storage prior to recovery) is acting as the owner or operator of a
				  recovery facility and must be so authorized in accordance with all applicable
				  federal laws.
(b) A recognized
				  trader acting as a notifier or consignee for transfrontier shipments of waste
				  must comply with all the requirements of this subchapter associated with being
				  a notifier or consignee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262 - HAZARDOUS WASTE MANAGEMENT STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subchapter H - TRANSFRONTIER SHIPMENTS OF HAZARDOUS WASTE FOR RECOVERY WITHIN THE OECD › Section 11-262-88 - Pre-approval for United States recovery facilities [Reserved]

Current through June, 2024