Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-4 - Amendments to the incorporation of 40 C.F.R. part 273, subpart B

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				273.13 is amended as follows:
(1) In
				40 C.F.R section 273.13(a)(3)(i),
				(c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and
				(e)(4)(v) replace " 40 CFR parts 260 through
				272 " with "chapters
				11-260.1 to 11-270.1".
(2) In
				40 C.F.R. section
				273.13(e)(4)(vi), replace
				"or" with "and".
(3) Add a
				subsection (f) to read: "(f) Electronic items. A small quantity handler of
				universal waste must manage electronic items in a way that prevents releases of
				any universal waste or component of a universal waste to the environment, as
				follows:
(1) Electronic items shall be stored
				in (i) A building, with a permanent roof and floor, that is constructed and
				maintained to minimize breakage of electronic items and to prevent exposure of
				the electronic items to precipitation; or (ii) A closed and secure container
				that is constructed and maintained to minimize breakage of electronic items and
				to prevent exposure of the electronic items to precipitation.
(2) All universal waste electronic items must
				be stored in a building or container meeting the requirements of paragraph (1)
				within 24 hours of being discarded.
(3) A small quantity handler of universal
				waste shall immediately clean up and place in a container any universal waste
				electronic item that shows evidence of leakage, spillage, or damage that could
				cause leakage under reasonably foreseeable conditions. The container shall be
				closed, structurally sound, and compatible with the contents of the electronic
				item, and shall lack evidence of leakage, spillage, or damage that could cause
				leakage under reasonably foreseeable conditions.
(4) A small quantity handler of universal
				waste may conduct the following activities:
(i) Sorting electronic items by type;
(ii) Mixing electronic item types
				in one container;
(iii) Removal of
				discreet assemblies that are typically removed by consumers for replacement
				during the normal operation of an electronic item (e.g., battery packs, ink
				cartridges). A universal waste handler shall conduct the removal of the
				discrete assemblies in the manner that is prescribed in the operating manual
				for the electronic item, or in a manner that would otherwise reasonably be
				employed during the normal operation of the electronic item.
(iv) Removal of separable non-electronic
				pieces that are intended for assembly by retailers or consumers (e.g., monitor
				saucer, wall hanging bracket, cell phone case).
(5) A small quantity handier who generates
				other solid waste (e.g., battery packs, monitor saucers) as a result of the
				activities listed in paragraph (4) shall make a hazardous waste determination
				pursuant to
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1.
(i) If the waste exhibits
				a characteristic of hazardous waste, it is subject to all applicable
				requirements of chapters
				11-260.1 to 11-270.1. If the waste is
				another type of universal waste (e.g., a battery), it may be alternatively
				managed under this chapter. The handler is considered the generator of the
				waste and is subject to chapter 11-262.1.
(ii) If the waste is not hazardous, the
				handler may manage the waste in any way that is in compliance with applicable
				federal, state, and local solid waste regulations."
(4) Add a subsection (g) to read:
				"(g) Solar panels. A small quantity handler of universal waste must manage
				solar panels in a way that prevents releases of any universal waste or
				component of a universal waste to the environment, as follows:
(1) Solar panels shall be stored in a manner
				that prevents breakage and release of any constituent of a solar panel to the
				environment under reasonably foreseeable conditions. A container or other
				method of storage (e.g., stretch-film wrapped panels on a pallet) used must
				prevent breakage, leakage, spillage, or damage that could cause leakage under
				reasonably foreseeable conditions. Intact solar panels need not be contained to
				meet this standard.
(2) A small
				quantity handler of universal waste shall immediately clean up and place in a
				container any universal waste solar panel that shows evidence of leakage,
				spillage, or damage that could cause leakage under reasonably foreseeable
				conditions. The container shall be closed, structurally sound, and compatible
				with the contents of the solar panel, and shall lack evidence of leakage,
				spillage, or damage that could cause leakage under reasonably foreseeable
				conditions.
(3) A small quantity
				handler of universal waste may conduct the following activities:
(i) Sorting solar panels by type;
(ii) Mixing solar panel types in one
				container, on one pallet, or in one demarcated storage area;
(iii) Removal of ancillary components that
				are typically removed for replacement during the normal operation and
				maintenance of a solar photovoltaic system (e.g., connectors, junction boxes,
				batteries, inverters). A universal waste handler shall conduct the removal of
				the ancillary components in the manner that is prescribed in the operating
				manual for the solar photovoltaic system, or in a manner that would otherwise
				reasonably be employed during the normal operation and maintenance of the solar
				photovoltaic system.
(4)
				A small quantity handler who generates other solid waste (e.g., batteries,
				inverters) as a result of the activities listed in paragraph (3) shall make a
				hazardous waste determination pursuant to
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1.
(i) If the waste exhibits
				a characteristic of hazardous waste, it is subject to all applicable
				requirements of chapters 11-260.1 to 11-270.1.
(ii) If the waste is another type of
				universal waste (e.g., a battery, an electronic item), it may be alternatively
				managed under this chapter. The handler is considered the generator of the
				waste and is subject to applicable requirements of chapter 11-262.1 and this
				chapter.
(iii) If the waste is not
				hazardous, the handler may manage the waste in any way that is in compliance
				with applicable federal, state, and local solid waste
				regulations."