Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.9 - Definitions

Current through June, 2024
Aerosol can
means a non-refillable
					 receptacle containing a gas compressed, liquefied, or dissolved under pressure,
					 the sole purpose of which is to expel a liquid, paste, or powder and fitted
					 with a self-closing release device allowing the contents to be ejected by the
					 gas.
Ampule
means an airtight vial made of
					 glass, plastic, metal, or any combination of these materials.
Battery
means a device consisting of one
					 or more electrically connected electrochemical cells which is designed to
					 receive, store, and deliver electric energy. An electrochemical cell is a
					 system consisting of an anode, cathode, and an electrolyte, plus such
					 connections (electrical and mechanical) as may be needed to allow the cell to
					 deliver or receive electrical energy. The term battery also includes an intact,
					 unbroken battery from which the electrolyte has been removed.
Circuit board
means the part of an
					 electronic device that mechanically supports and electrically connects
					 electronic components (such as capacitors, diodes, power sources, resistors,
					 sensors, switches, transducers, transistors, etc.) using conductive
					 tracks.
Destination facility
means a facility that
					 treats, disposes of, or recycles a particular category of universal waste,
					 except those management activities described in § 273.13 and §
					 273.33. A facility at which a particular category of universal waste is only
					 accumulated, is not a destination facility for purposes of managing that
					 category of universal waste.
FIFRA
means the Federal Insecticide,
					 Fungicide, and Rodenticide Act (7 U.S.C.
					 136-136y)
					 .
Electronic item
, also referred to as
universal waste electronic item
, means a device containing a
					 circuit board, or other complex circuitry, or a video display. Indicators that
					 a device likely contains a circuit board include the presence of a keypad,
					 touch screen, any type of video or digital display, or common electronic ports
					 or connectors, such as serial, parallel, Rj45 ("network"), or USB. Examples of
					 common universal waste electronic items include, but are not limited to:
					 computer central processing unit; computer monitor; portable computer
					 (including notebook, laptop, and tablet computer); devices designed for use
					 with computers (also known as computer peripherals) such as keyboard, mouse,
					 desktop printer, scanner, and external storage drive; server; television;
					 digital video disc (DVD) recorder or player; videocassette recorder or player
					 (VCR); eBook reader; digital picture frame; fax machine; video game equipment;
					 cellular telephone; answering machine; digital camera; portable music or video
					 player; wireless paging device; remote control; and smoke detector. Electronic
					 item does not include a device that is physically a part of, connected to, or
					 integrated within a large piece of equipment that is not meant to be
					 hand-carried by one person (for example, an automobile, large medical
					 equipment, or white goods as defined in chapter
					 11-58.1). A device is considered
					 physically a part of, connected to, or integrated within a large piece of
					 equipment if the device cannot be easily disconnected from the large equipment
					 by a layperson without specialized training. When a device containing a circuit
					 board or a video display is removed, separated, or separate from the large
					 piece of equipment that it is meant to be a part of, it is a universal waste
					 electronic item.
Generator
means any person, by site, whose
					 act or process produces hazardous waste identified or listed in part 261 of
					 this chapter or whose act first causes a hazardous waste to become subject to
					 regulation.
Lamp,
also referred to as ''universal
					 waste lamp'' is defined as the bulb or tube portion of an electric lighting
					 device. A lamp is specifically designed to produce radiant energy, most often
					 in the ultraviolet, visible, and infra-red regions of the electromagnetic
					 spectrum. Examples of common universal waste electric lamps include, but are
					 not limited to, fluorescent, high intensity discharge, neon, mercury vapor,
					 high pressure sodium, and metal halide lamps.
Large quantity handler of universal waste
means a universal waste handler (as defined in this section) who accumulates
					 5,000 kilograms or more total of universal waste (batteries, pesticides,
					 mercury-containing equipment, lamps, aerosol cans, electronic items, or solar
					 panels, calculated collectively) at any time. This designation as a large
					 quantity handler of universal waste is retained through the end of the calendar
					 year in which the 5,000 kilogram limit is met or exceeded.
Mercury-containing equipment
means a
					 device or part of a device (including thermostats, but excluding batteries and
					 lamps) that contains elemental mercury integral to its function.
On-site
means the same or geographically
					 contiguous property which may be divided by public or private right-of way,
					 provided that the entrance and exit between the properties is at a cross-roads
					 intersection, and access is by crossing as opposed to going along the right of
					 way. Non-contiguous properties owned by the same person but connected by a
					 right-of-way which he controls and to which the public does not have access,
					 are also considered onsite property.
Pesticide
means any substance or mixture
					 of substances intended for preventing, destroying, repelling, or mitigating any
					 pest, or intended for use as a plant regulator, defoliant, or desiccant, other
					 than any article that:
(1) Is a new animal drug under FFDCA section 201(w);
					 or
(2) Is an animal drug that has been determined by
					 regulation of the Secretary of Health and Human Services not to be a new animal
					 drug; or
(3) Is an animal feed under FFDCA section 201(x) that bears
					 or contains any substances described by paragraph (1) or (2) of this
					 definition.
Photovoltaic cell
means a specialized
					 semiconductor diode designed to convert solar radiation into electrical energy.
					 Photovoltaic cells may be composed of, but are not limited to, monocrystalline
					 silicon, polycrystalline silicon, amorphous silicon, cadmium telluride, copper
					 indium gallium selenide, and gallium indium phosphide/gallium arsenide/gallium,
					 and perovskite. Photovoltaic cells are managed as solar panels.
Small quantity handler of universal waste
means a universal waste handler (as defined in this section) who does not
					 accumulate 5,000 kilograms or more of universal waste (batteries, pesticides,
					 mercury-containing equipment, lamps, aerosol cans, electronic items, or solar
					 panels, calculated collectively) at any time.
Solar panel
or
solar photovoltaic
					 panel
means a device consisting of one or more electrically connected
					 photovoltaic cells that are designed to convert solar radiation into electrical
					 energy. Solar panel includes integrated components that cannot be separated
					 without breaking the solar panel glass. Examples of integrated components
					 include, but are not limited to, protective glass, conductive metal contact,
					 metal framing the photovoltaic cells, housing or pocket holding the
					 photovoltaic cells, and top and back layer. Photovoltaic cells that are not
					 electrically connected are managed as solar panels. Solar panel does not
					 include solar thermal panels that do not contain photovoltaic cells.
Solar photovoltaic system
means a set of
					 components consisting of one or more solar panels and ancillary components such
					 as, but not limited to, metal frames used to support the solar panels,
					 connectors, junction boxes, batteries, inverters, wires, and cables that are
					 connected to the solar panels. Ancillary components are those components of the
					 system that can be manually separated from the solar panel without breaking the
					 solar panel glass.
Thermostat
means a temperature control
					 device that contains metallic mercury in an ampule attached to a bimetal
					 sensing element, and mercury containing ampules that have been removed from
					 these temperature control devices in compliance with the requirements of
					 40 CFR
					 273.13(c)(2) or
					 273.33(c)(2).
Universal waste
means any of the following
					 hazardous wastes that are subject to the universal waste requirements of this
					 part:
(1) Batteries as described in § 273.2;
(2) Pesticides as described in § 273.3;
(3) Mercury-containing equipment as described in §
					 273.4;
(4) Lamps as described in § 273.5;
(5) Aerosol cans as described in § 273.6;
(6) Electronic items as described in 40 C.F.R. section
					 273.6.1, as incorporated and amended in this chapter; and
(7) Solar panels as described in 40 C.F.R. section 273.6.2,
					 as incorporated and amended in this chapter.
Universal waste handler:
(1) Means:
(i) A generator (as defined in this section) of universal
					 waste; or
(ii) The owner or operator of a facility, including all
					 contiguous property, that receives universal waste from other universal waste
					 handlers, accumulates universal waste, and sends universal waste to another
					 universal waste handler, to a destination facility, or to a foreign
					 destination.
(2) Does not mean:
(i) A person who treats, disposes of, or recycles universal
					 waste (except under the provisions of
					 40 C.F.R. section
					 273.13 or
					 273.33, as
					 incorporated and amended in this chapter); or
(ii) A person engaged in the off-site transportation of
					 universal waste by air, rail, highway, or water, including a universal waste
					 transfer facility.
Universal waste transfer facility
means
					 any transportation-related facility including loading docks, parking areas,
					 storage areas and other similar areas where shipments of universal waste are
					 held during the normal course of transportation for ten days or less.
Universal waste transporter
means a person
					 engaged in the off-site transportation of universal waste by air, rail,
					 highway, or water.
Video display
means the part of an
					 electronic device capable of presenting images electronically on a screen
					 viewable by the device user. A video display may use cathode ray tube, liquid
					 crystal display (LCD), gas plasma, digital light processing, or other image
					 projection technology.