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 A - General › Section 11-261.3 - Definition of hazardous waste

Current through June, 2024
(a)
A solid
					 waste, as defined in 2612, is a hazardous waste if:
(1) It is not excluded from regulation as a
					 hazardous waste under § 261.4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of
					 hazardous waste identified in subpart C of this part. However, any mixture of a
					 waste from the extraction, beneficiation, and processing of ores and minerals
					 excluded under § 261.4(b)(7) and any other solid waste exhibiting a
					 characteristic of hazardous waste under subpart C is a hazardous waste only if
					 it exhibits a characteristic that would not have been exhibited by the excluded
					 waste alone if such mixture had not occurred, or if it continues to exhibit any
					 of the characteristics exhibited by the non-excluded wastes prior to mixture.
					 Further, for the purposes of applying the Toxicity Characteristic to such
					 mixtures, the mixture is also a hazardous waste if it exceeds the maximum
					 concentration for any contaminant listed in table 1 to § 261.24 that would
					 not have been exceeded by the excluded waste alone if the mixture had not
					 occurred or if it continues to exceed the maximum concentration for any
					 contaminant exceeded by the nonexempt waste prior to mixture.
(ii) It is listed in subpart D of this part
					 and has not been excluded from the lists in subpart D of this part.
(iii) [Reserved]
(iv) It is a mixture of solid waste and one
					 or more hazardous wastes listed in subpart D of this part and has not been
					 excluded from paragraph (a)(2) of this section, paragraph (g) of this section,
					 or paragraph (h) of this section; however, the following mixtures of solid
					 wastes and hazardous wastes listed in subpart D of this part are not hazardous
					 wastes (except by application of paragraph (a)(2)(i) or (ii) of this section)
					 if the generator can demonstrate that the mixture consists of wastewater the
					 discharge of which is subject to regulation under either section 402 or section
					 307(b) of the Clean Water Act (including wastewater at facilities which have
					 eliminated the discharge of wastewater) and;
(A) One or more of the following spent
					 solvents listed in § 261.31- benzene, carbon tetrachloride,
					 tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the
					 combustion of these spent solvents-Provided, That the maximum total weekly
					 usage of these solvents (other than the amounts that can be demonstrated not to
					 be discharged to wastewater) divided by the average weekly flow of wastewater
					 into the headworks of the facility's wastewater treatment or pretreatment
					 system does not exceed 1 part per million, OR the total measured concentration
					 of these solvents entering the headworks of the facility's wastewater treatment
					 system (at facilities subject to regulation under the Clean Air Act, as
					 amended, at 40 CFR parts 60, 61, or 63, or at facilities subject to an
					 enforceable limit in a federal operating permit that minimizes fugitive
					 emissions), does not exceed 1 part per million on an average weekly basis. Any
					 facility that uses benzene as a solvent and claims this exemption must use an
					 aerated biological wastewater treatment system and must use only lined surface
					 impoundments or tanks prior to secondary clarification in the wastewater
					 treatment system. Facilities that choose to measure concentration levels must
					 file a copy of their sampling and analysis plan with the director. A facility
					 must file a copy of a revised sampling and analysis plan only if the initial
					 plan is rendered inaccurate by changes in the facility's operations. The
					 sampling and analysis plan must include the monitoring point location
					 (headworks), the sampling frequency and methodology, and a list of constituents
					 to be monitored. A facility is eligible for the direct monitoring option once
					 they receive confirmation that the sampling and analysis plan has been received
					 by the Director. The Director may reject the sampling and analysis plan if
					 he/she finds that, the sampling and analysis plan fails to include the above
					 information; or the plan parameters would not enable the facility to calculate
					 the weekly average concentration of these chemicals accurately. If the Director
					 rejects the sampling and analysis plan or if the Director finds that the
					 facility is not following the sampling and analysis plan, the Director shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; or
(B) One or more of the following spent
					 solvents listed in § 261.31-methylene chloride, 1,1,1-trichloroethane,
					 chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene,
					 toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent
					 chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters
					 derived-from the combustion of these spent solvents- Provided That the maximum
					 total weekly usage of these solvents (other than the amounts that can be
					 demonstrated not to be discharged to wastewater) divided by the average weekly
					 flow of wastewater into the headworks of the facility's wastewater treatment or
					 pretreatment system does not exceed 25 parts per million, OR the total measured
					 concentration of these solvents entering the headworks of the facility's
					 wastewater treatment system (at facilities subject to regulation under the
					 Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
					 subject to an enforceable limit in a federal operating permit that minimizes
					 fugitive emissions), does not exceed 25 parts per million on an average weekly
					 basis. Facilities that choose to measure concentration levels must file a copy
					 of their sampling and analysis plan with the director. A facility must file a
					 copy of a revised sampling and analysis plan only if the initial plan is
					 rendered inaccurate by changes in the facility's operations. The sampling and
					 analysis plan must include the monitoring point location (headworks), the
					 sampling frequency and methodology, and a list of constituents to be monitored.
					 A facility is eligible for the direct monitoring option once they receive
					 confirmation that the sampling and analysis plan has been received by the
					 Director. The Director may reject the sampling and analysis plan if he/she
					 finds that, the sampling and analysis plan fails to include the above
					 information; or the plan parameters would not enable the facility to calculate
					 the weekly average concentration of these chemicals accurately. If the Director
					 rejects the sampling and analysis plan or if the Director finds that the
					 facility is not following the sampling and analysis plan, the Director shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; or
(C) One of the following wastes listed in
					 § 261.32, provided that the wastes are discharged to the refinery oil
					 recovery sewer before primary oil/water/solids separation-heat exchanger bundle
					 cleaning sludge from the petroleum refining industry (EPA Hazardous Waste No.
					 K050), crude oil storage tank sediment from petroleum refining operations (EPA
					 Hazardous Waste No. K169), clarified slurry oil tank sediment and/or in-line
					 filter/separation solids from petroleum refining operations (EPA Hazardous
					 Waste No. K170), spent hydrotreating catalyst (EPA Hazardous Waste No. K171),
					 and spent hydrorefining catalyst (EPA Hazardous Waste No. K172); or
(D) A discarded hazardous waste, commercial
					 chemical product, or chemical intermediate listed in §§ 261.31
					 through 261.33, arising from
de minimis
losses of these
					 materials. For purposes of this paragraph (a)(2)(iv)(D),
de
					 minimis
losses are inadvertent releases to a wastewater treatment
					 system, including those from normal material handling operations (e.g., spills
					 from the unloading or transfer of materials from bins or other containers,
					 leaks from pipes, valves or other devices used to transfer materials); minor
					 leaks of process equipment, storage tanks or containers; leaks from well
					 maintained pump packings and seals; sample purgings; relief device discharges;
					 discharges from safety showers and rinsing and cleaning of personal safety
					 equipment; and rinsate from empty containers or from containers that are
					 rendered empty by that rinsing. Any manufacturing facility that claims an
					 exemption for
de minimis
quantities of wastes listed in
					 §§ 261.31 through 261.32, or any nonmanufacturing facility that
					 claims an exemption for
de minimis
quantities of wastes listed
					 in subpart D of this part must either have eliminated the discharge of
					 wastewaters or have included in its Clean Water Act permit application or
					 submission to its pretreatment control authority the constituents for which
					 each waste was listed (in 40 CFR 261 appendix VII) of this part; and the
					 constituents in the table "Treatment Standards for Hazardous Wastes" in
					 40 CFR
					 268.40 for which each waste has a treatment
					 standard (i.e., Land Disposal Restriction constituents). A facility is eligible
					 to claim the exemption once the permit writer or control authority has been
					 notified of possible
de minimis
releases via the Clean Water
					 Act permit application or the pretreatment control authority submission. A copy
					 of the Clean Water permit application or the submission to the pretreatment
					 control authority must be placed in the facility's on-site files; or
(E) Wastewater resulting from laboratory
					 operations containing toxic (T) wastes listed in subpart D of this part,
					 Provided, That the annualized average flow of laboratory wastewater does not
					 exceed one percent of total wastewater flow into the headworks of the
					 facility's wastewater treatment or pre-treatment system or provided the wastes,
					 combined annualized average concentration does not exceed one part per million
					 in the headworks of the facility's wastewater treatment or pre-treatment
					 facility. Toxic (T) wastes used in laboratories that are demonstrated not to be
					 discharged to wastewater are not to be included in this calculation;
					 or
(F) One or more of the following
					 wastes listed in § 261.32- wastewaters from the production of carbamates
					 and carbamoyl oximes (EPA Hazardous Waste No. K157)- Provided that the maximum
					 weekly usage of formaldehyde, methyl chloride, methylene chloride, and
					 triethylamine (including all amounts that cannot be demonstrated to be reacted
					 in the process, destroyed through treatment, or is recovered, i.e., what is
					 discharged or volatilized) divided by the average weekly flow of process
					 wastewater prior to any dilution into the headworks of the facility's
					 wastewater treatment system does not exceed a total of 5 parts per million by
					 weight OR the total measured concentration of these chemicals entering the
					 headworks of the facility's wastewater treatment system (at facilities subject
					 to regulation under the Clean Air Act as amended, at 40 CFR parts 60, 61, or
					 63, or at facilities subject to an enforceable limit in a federal operating
					 permit that minimizes fugitive emissions), does not exceed 5 parts per million
					 on an average weekly basis. Facilities that choose to measure concentration
					 levels must file copy of their sampling and analysis plan with the director. A
					 facility must file a copy of a revised sampling and analysis plan only if the
					 initial plan is rendered inaccurate by changes in the facility's operations.
					 The sampling and analysis plan must include the monitoring point location
					 (headworks), the sampling frequency and methodology, and a list of constituents
					 to be monitored. A facility is eligible for the direct monitoring option once
					 they receive confirmation that the sampling and analysis plan has been received
					 by the Director. The Director may reject the sampling and analysis plan if
					 he/she finds that, the sampling and analysis plan fails to include the above
					 information; or the plan parameters would not enable the facility to calculate
					 the weekly average concentration of these chemicals accurately. If the Director
					 rejects the sampling and analysis plan or if the Director finds that the
					 facility is not following the sampling and analysis plan, the Director shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected; or
(G) Wastewaters derived-from the treatment of
					 one or more of the following wastes listed in § 261.32-organic waste
					 (including heavy ends, still bottoms, light ends, spent solvents, filtrates,
					 and decantates) from the production of carbamates and carbamoyl oximes (EPA
					 Hazardous Waste No. K156).-Provided, that the maximum concentration of
					 formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to
					 any dilutions into the headworks of the facility's wastewater treatment system
					 does not exceed a total of 5 milligrams per liter OR the total measured
					 concentration of these chemicals entering the headworks of the facility's
					 wastewater treatment system (at facilities subject to regulation under the
					 Clean Air Act as amended, at 40 CFR parts 60, 61, or 63, or at facilities
					 subject to an enforceable limit in a federal operating permit that minimizes
					 fugitive emissions), does not exceed 5 milligrams per liter on an average
					 weekly basis. Facilities that choose to measure concentration levels must file
					 copy of their sampling and analysis plan with the director. A facility must
					 file a copy of a revised sampling and analysis plan only if the initial plan is
					 rendered inaccurate by changes in the facility's operations. The sampling and
					 analysis plan must include the monitoring point location (headworks), the
					 sampling frequency and methodology, and a list of constituents to be monitored.
					 A facility is eligible for the direct monitoring option once they receive
					 confirmation that the sampling and analysis plan has been received by the
					 Director. The Director may reject the sampling and analysis plan if he/she
					 finds that, the sampling and analysis plan fails to include the above
					 information; or the plan parameters would not enable the facility to calculate
					 the weekly average concentration of these chemicals accurately. If the Director
					 rejects the sampling and analysis plan or if the Director finds that the
					 facility is not following the sampling and analysis plan, the Director shall
					 notify the facility to cease the use of the direct monitoring option until such
					 time as the bases for rejection are corrected.
(v)
Rebuttable presumption for used
					 oil.
Used oil containing more than 1000 ppm total halogens is presumed
					 to be a hazardous waste because it has been mixed with halogenated hazardous
					 waste listed in subpart D of part 261 of this chapter. Persons may rebut this
					 presumption by demonstrating that the used oil does not contain hazardous waste
					 (for example, to show that the used oil does not contain significant
					 concentrations of halogenated hazardous constituents listed in appendix VIII of
					 part 261 of this chapter).
(A) The rebuttable
					 presumption does not apply to metalworking oils/fluids containing chlorinated
					 paraffins, if they are processed, through a tolling agreement, to reclaim
					 metalworking oils/fluids. The presumption does apply to metalworking
					 oils/fluids if such oils/fluids are recycled in any other manner, or
					 disposed.
(B) The rebuttable
					 presumption does not apply to used oils contaminated with chlorofluorocarbons
					 (CFCs) removed from refrigeration units where the CFCs are destined for
					 reclamation. The rebuttable presumption does apply to used oils contaminated
					 with CFCs that have been mixed with used oil from sources other than
					 refrigeration units.