reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.103 - Interim status standards for burners

Current through June, 2024
(a) Purpose, scope,
					 applicability-
(1) General.
(i) The purpose of this section is to
					 establish minimum state standards for owners and operators of "existing"
					 boilers and industrial furnaces that burn hazardous waste where such standards
					 define the acceptable management of hazardous waste during the period of
					 interim status. The standards of this section apply to owners and operators of
					 existing facilities until either a permit is issued under § 266.102(d) or
					 until closure responsibilities identified in this section are
					 fulfilled.
(ii) Existing or in
					 existence means a boiler or industrial furnace that on or before August 21,
					 1991 is either in operation burning or processing hazardous waste or for which
					 construction (including the ancillary facilities to burn or to process the
					 hazardous waste) has commenced. A facility has commenced construction if the
					 owner or operator has obtained the Federal, State, and local approvals or
					 permits necessary to begin physical construction; and -either:
(A) A continuous on-site, physical
					 construction program has begun; or
(B) The owner or operator has entered into
					 contractual obligations-which cannot be canceled or modified without
					 substantial loss-for physical construction of the facility to be completed
					 within a reasonable time.
(iii) If a boiler or industrial furnace is
					 located at a facility that already has a permit or interim status, then the
					 facility must comply with the applicable regulations dealing with permit
					 modifications in § 270.42 or changes in interim status in § 270.72 of
					 this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.105 - Standards to control particulate matter

Current through June, 2024
(a) A boiler or
					 industrial furnace burning hazardous waste may not emit particulate matter in
					 excess of 180 milligrams per dry standard cubic meter (0.08 grains per dry
					 standard cubic foot) after correction to a stack gas concentration of 7%
					 oxygen, using procedures prescribed in 40 CFR part 60 , appendix A, methods 1
					 through 5, and appendix IX of this part.
(b) An owner or operator meeting the
					 requirements of § 266.109(b) for the low risk waste exemption is exempt
					 from the particulate matter standard.
(c) Oxygen correction.
(1) Measured pollutant levels must be
					 corrected for the amount of oxygen in the stack gas according to the formula:
Click
						here to view image
Where:
Pc is the corrected concentration of the pollutant in the
						stack gas, Pm is the measured concentration of the pollutant in the stack gas,
						E is the oxygen concentration on a dry basis in the combustion air fed to the
						device, and Y is the measured oxygen concentration on a dry basis in the
						stack.
(2) For devices that
					 feed normal combustion air, E will equal 21 percent. For devices that feed
					 oxygen-enriched air for combustion (that is, air with an oxygen concentration
					 exceeding 21 percent), the value of E will be the concentration of oxygen in
					 the enriched air.
(3) Compliance
					 with all emission standards provided by this subpart must be based on
					 correcting to 7 percent oxygen using this procedure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.106 - Standards to control metals emissions

Current through June, 2024
(a) General. The
					 owner or operator must comply with the metals standards provided by paragraphs
					 (b), (c), (d), (e), or (f) of this section for each metal listed in paragraph
					 (b) of this section that is present in the hazardous waste at detectable levels
					 by using appropriate analytical procedures.
(b) Tier I feed rate screening limits. Feed
					 rate screening limits for metals are specified in appendix I of this part as a
					 function of terrain-adjusted effective stack height and terrain and land use in
					 the vicinity of the facility. Criteria for facilities that are not eligible to
					 comply with the screening limits are provided in paragraph (b)(7) of this
					 -section.
(1) Noncarcinogenic metals. The feed
					 rates of antimony, barium, lead, mercury, thallium, and silver in all feed
					 streams, including hazardous waste, fuels, and industrial furnace feed stocks
					 shall not exceed the screening limits specified in appendix I of this part.
(i) The feed rate screening limits for
					 antimony, barium, mercury, thallium, and silver are based on either:
(A) An hourly rolling average as defined in
					 § 266.102(e)(6)(i)(B); or
(B)
					 An instantaneous limit not to be exceeded at any time.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.107 - Standards to control hydrogen chloride (HCl) and chlorine gas (Cl[2]) emissions

Current through June, 2024
(a) General. The
					 owner or operator must comply with the hydrogen chloride (HCl) and chlorine
					 (Cl2) controls provided by paragraph (b), (c), or (e) of
					 this section.
(b) Screening limits-
(1) Tier I feed rate screening limits. Feed
					 rate screening limits are specified for total chlorine in appendix II of this
					 part as a function of terrain-adjusted effective stack height and terrain and
					 land use in the vicinity of the facility. The feed rate of total chlorine and
					 chloride, both organic and inorganic, in all feed streams, including hazardous
					 waste, fuels, and industrial furnace feed stocks shall not exceed the levels
					 -specified.
(2) Tier II emission
					 rate screening limits. Emission rate screening limits for HCl and
					 Cl2 are specified in appendix III of this part as a
					 function of terrain-adjusted effective stack height and terrain and land use in
					 the vicinity of the facility. The stack emission rates of HCl and
					 Cl2 shall not exceed the levels specified.
(3) Definitions and limitations. The
					 definitions and limitations provided by § 266.106(b) for the following
					 terms also apply to the screening limits provided by this paragraph:
					 terrain-adjusted effective stack height, good engineering practice stack
					 height, terrain type, land use, and criteria for facilities not eligible to use
					 the screening limits.
(4) Multiple
					 stacks. Owners and operators of facilities with more than one on-site stack
					 from a boiler, industrial furnace, incinerator, or other thermal treatment unit
					 subject to controls on HCl or Cl2 emissions under a RCRA
					 operating permit or interim status controls must comply with the Tier I and
					 Tier II screening limits for those stacks assuming all hazardous waste is fed
					 into the device with the worstcase stack based on dispersion characteristics.
(i) The worst-case stack is determined by
					 procedures provided in § 266.106(b)(6).
(ii) Under Tier I, the total feed rate of
					 chlorine and chloride to all subject devices shall not exceed the screening
					 limit for the worst-case stack.
(iii) Under Tier II, the total emissions of
					 HCl and Cl2 from all subject stacks shall not exceed the
					 screening limit for the worst-case stack.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.108 - Small quantity on-site burner exemption

Current through June, 2024
(a) Exempt
					 quantities. Owners and operators of facilities that burn hazardous waste in an
					 on-site boiler or industrial furnace are exempt from the requirements of this
					 subpart provided that:
(1) The quantity of
					 hazardous waste burned in a device for a calendar month does not exceed the
					 limits provided in the following table based on the terrain-adjusted effective
					 stack height as defined in § 266.106(b)(3):
Click
						here to view image
(2) The maximum hazardous waste firing rate
					 does not exceed at any time 1 percent of the total fuel requirements for the
					 device (hazardous waste plus other fuel) on a total heat input or mass input
					 basis, whichever results in the lower mass feed rate of hazardous
					 waste.
(3) The hazardous waste has
					 a minimum heating value of 5,000 Btu/lb, as generated; and
(4) The hazardous waste fuel does not contain
					 (and is not derived from) EPA Hazardous Waste Nos. F020, F021, F022, F023,
					 F026, or F027.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.109 - Low risk waste exemption

Current through June, 2024
(a) Waiver of DRE
					 standard. The DRE standard of § 266.104(a) does not apply if the boiler or
					 industrial furnace is operated in conformance with (a)(1) of this section and
					 the owner or operator demonstrates by procedures prescribed in (a)(2) of this
					 section that the burning will not result in unacceptable adverse health
					 effects.
(1) The device shall be operated as
					 follows:
(i) A minimum of 50 percent of fuel
					 fired to the device shall be fossil fuel, fuels derived from fossil fuel, tall
					 oil, or, if approved by the Director on a case-by-case basis, other
					 nonhazardous fuel with combustion characteristics comparable to fossil fuel.
					 Such fuels are termed "primary fuel" for purposes of this section. (Tall oil is
					 a fuel derived from vegetable and rosin fatty acids.) The 50 percent primary
					 fuel firing rate shall be determined on a total heat or mass input basis,
					 whichever results in the greater mass feed rate of primary fuel
					 fired;
(ii) Primary fuels and
					 hazardous waste fuels shall have a minimum as-fired heating value of 8,000
					 Btu/lb;
(iii) The hazardous waste
					 is fired directly into the primary fuel flame zone of the combustion chamber;
					 and
(iv) The device operates in
					 conformance with the carbon monoxide controls provided by § 266.104(b)(1).
					 Devices subject to the exemption provided by this section are not eligible for
					 the alternative carbon monoxide controls provided by §
					 266.104(c).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.111 - Standards for direct transfer

Current through June, 2024
(a) Applicability.
					 The regulations in this section apply to owners and operators of boilers and
					 industrial furnaces subject to §§ 266.102 or 266.103 if hazardous
					 waste is directly transferred from a transport vehicle to a boiler or
					 industrial furnace without the use of a storage unit.
(b) Definitions.
(1) When used in this section, the following
					 terms have the meanings given below:
Direct transfer equipment means any device (including but
						not limited to, such devices as piping, fittings, flanges, valves, and pumps)
						that is used to distribute, meter, or control the flow of hazardous waste
						between a container (i.e., transport vehicle) and a boiler or industrial
						furnace.
Container means any portable device in which hazardous
						waste is transported, stored, treated, or otherwise handled, and includes
						transport vehicles that are containers themselves (e.g., tank trucks,
						tanker-trailers, and rail tank cars), and containers placed on or in a
						transport vehicle.
(2) This
					 section references several requirements provided in subparts I and J of parts
					 264 and 265. For purposes of this section, the term "tank systems" in those
					 referenced requirements means direct transfer equipment as defined in paragraph
					 (b)(1) of this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart H - Hazardous Waste Burned in Boilers and Industrial Furnaces › Section 11-266.112 - Regulation of residues

Current through June, 2024
A residue derived from the burning or processing of
						hazardous waste in a boiler or industrial furnace is not excluded from the
						definition of a hazardous waste under § 261.4(b) (4), (7), or (8) unless
						the device and the owner or operator meet the following requirements:
(a) The device meets the following criteria:
(1) Boilers. Boilers must burn at least 50%
					 coal on a total heat input or mass input basis, whichever results in the
					 greater mass feed rate of coal;
(2)
					 Ore or mineral furnaces. Industrial furnaces subject to § 261.4(b)(7) must
					 process at least 50% by weight normal, nonhazardous raw materials;
(3) Cement kilns. Cement kilns must process
					 at least 50% by weight normal cement-production raw materials;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart I-L - Reserved

Current through June, 2024
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.200 - Applicability

Current through June, 2024
(a) The regulations in this subpart identify
					 when military munitions become a solid waste, and, if these wastes are also
					 hazardous under this subpart or 40 CFR part 261 , the management standards that
					 apply to these wastes.
(b) Unless
					 otherwise specified in this subpart, all applicable requirements in 40 CFR
					 parts 260 through 270 apply to waste military munitions.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.201 - Definitions

Current through June, 2024
In addition to the definitions in
						40
						CFR 260.10, the following definitions apply
						to this subpart:
Active range
means a military range that
						is currently in service and is being regularly used for range
						activities.
Chemical agents
and munitions are
						defined as in
						50
						U.S.C. section
						1521(j)(1).
Director
is as defined in
						40
						CFR 270.2.
Explosives or munitions emergency
is as
						defined in
						40
						CFR 260.10.
Explosives or munitions emergency
						response
is as defined in
						40
						CFR 260.10.
Explosives or munitions emergency response
						specialist
is as defined in
						40
						CFR 260.10.
Inactive range
means a military range
						that is not currently being used, but that is still under military control and
						considered by the military to be a potential range area, and that has not been
						put to a new use that is incompatible with range activities.
Military
means the Department of Defense
						(DOD), the Armed Services, Coast Guard, National Guard, Department of Energy
						(DOE), or other parties under contract or acting as an agent for the foregoing,
						who handle military munitions.
Military munitions
is as defined in
						40
						CFR 260.10.
Military range
means designated land and
						water areas set aside, managed, and used to conduct research on, develop, test,
						and evaluate military munitions and explosives, other ordnance, or weapon
						systems, or to train military personnel in their use and handling. Ranges
						include firing lines and positions, maneuver areas, firing lanes, test pads,
						detonation pads, impact areas, and buffer zones with restricted access and
						exclusionary areas.
Unexploded ordnance (UXO)
means military
						munitions that have been primed, fused, armed, or otherwise prepared for
						action, and have been fired, dropped, launched, projected, or placed in such a
						manner as to constitute a hazard to operations, installation, personnel, or
						material and remain unexploded either by malfunction, design, or any other
						cause.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.202 - Definition of solid waste

Current through June, 2024
(a) A military
					 munition is not a solid waste when:
(1) Used
					 for its intended purpose, including:
(i) Use
					 in training military personnel or explosives and munitions emergency response
					 specialists (including training in proper destruction of unused propellant or
					 other munitions); or
(ii) Use in
					 research, development, testing, and evaluation of military munitions, weapons,
					 or weapon systems; or
(iii)
					 Recovery, collection, and on-range destruction of unexploded ordnance and
					 munitions fragments during range clearance activities at active or inactive
					 ranges. However, "use for intended purpose" does not include the on-range
					 disposal or burial of unexploded ordnance and contaminants when the burial is
					 not a result of product use.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.203 - Standards applicable to the transportation of solid waste military munitions

Current through June, 2024
(a) Criteria for
					 hazardous waste regulation of waste non-chemical military munitions in
					 transportation.
(1) Waste military munitions
					 that are being transported and that exhibit a hazardous waste characteristic or
					 are listed as hazardous waste under 40 CFR part 261 , are listed or identified
					 as a hazardous waste (and thus are subject to regulation under 40 CFR parts 260
					 through 270) , unless all the following conditions are met:
(i) The waste military munitions are not
					 chemical agents or chemical munitions;
(ii) The waste military munitions must be
					 transported in accordance with the Department of Defense shipping controls
					 applicable to the transport of military munitions;
(iii) The waste military munitions must be
					 transported from a military owned or operated installation to a military owned
					 or operated treatment, storage, or disposal facility; and
(iv) The transporter of the waste must
					 provide oral notice to the Director within 24 hours from the time the
					 transporter becomes aware of any loss or theft of the waste military munitions,
					 or any failure to meet a condition of paragraph (a)(1) of this section that may
					 endanger health or the environment. In addition, a written submission
					 describing the circumstances shall be provided within 5 days from the time the
					 transporter becomes aware of any loss or theft of the waste military munitions
					 or any failure to meet a condition of paragraph (a)(1) of this
					 section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.204 - Standards applicable to emergency responses

Current through June, 2024
Explosives and munitions emergencies involving military
						munitions or explosives are subject to
						40 CFR
						262.10(i),
						263.10(e),
						264.1(g)(8),
						265.1(c)(11),
						and
						270.1(c)(3),
						or alternatively to
						40 CFR
						270.61.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.205 - Standards applicable to the storage of solid waste military munitions

Current through June, 2024
(a) Criteria for hazardous waste regulation
					 of waste non-chemical military munitions in storage.
(1) Waste military munitions in storage that
					 exhibit a hazardous waste characteristic or are listed as hazardous waste under
					 40 CFR Part 261 , are listed or identified as a hazardous waste (and thus are
					 subject to regulation under 40 CFR Parts 260 through 279) , unless all the
					 following conditions are met:
(i) The waste
					 military munitions are not chemical agents or chemical munitions.
(ii) The waste military munitions must be
					 subject to the jurisdiction of the Department of Defense Explosives Safety
					 Board (DDESB).
(iii) The waste
					 military munitions must be stored in accordance with the DDESB storage
					 standards applicable to waste military munitions.
(iv) Within 90 days of August 12, 1997 or
					 within 90 days of when a storage unit is first used to store waste military
					 munitions, whichever is later, the owner or operator must notify the Director
					 of the location of any waste storage unit used to store waste military
					 munitions for which the conditional exemption in paragraph (a)(1) is
					 claimed.
(v) The owner or operator
					 must provide oral notice to the Director within 24 hours from the time the
					 owner or operator becomes aware of any loss or theft of the waste military
					 munitions, or any failure to meet a condition of paragraph (a)(1) that may
					 endanger health or the environment. In addition, a written submission
					 describing the circumstances shall be provided within 5 days from the time the
					 owner or operator becomes aware of any loss or theft of the waste military
					 munitions or any failure to meet a condition of paragraph (a)(1) of this
					 section.
(vi) The owner or operator
					 must inventory the waste military munitions at least annually, must inspect the
					 waste military munitions at least quarterly for compliance with the conditions
					 of paragraph (a)(1) of this section, and must maintain records of the findings
					 of these inventories and inspections for at least three years.
(vii) Access to the stored waste military
					 munitions must be limited to appropriately trained and authorized
					 personnel.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart M - Military Munitions › Section 11-266.206 - Standards applicable to the treatment and disposal of waste military munitions

Current through June, 2024
The treatment and disposal of hazardous waste military
						munitions are subject to the applicable permitting, procedural, and technical
						standards in 40 CFR Parts 260 through 270.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › STORAGE AND TREATMENT CONDITIONAL EXEMPTION AND ELIGIBILITY › Section 11-266.220 - What does a storage and treatment conditional exemption do?

Current through June, 2024
The storage and treatment conditional exemption exempts
						  your low-level mixed waste from the regulatory definition of hazardous waste in
						  40 CFR
						  261.3 if your waste meets the eligibility
						  criteria in § 266.225 and you meet the conditions in §
						  266.230.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › STORAGE AND TREATMENT CONDITIONAL EXEMPTION AND ELIGIBILITY › Section 11-266.225 - What wastes are eligible for the storage and treatment conditional exemption?

Current through June, 2024
Low-level mixed waste (LLMW), defined in §
						  266.210, is eligible for this conditional exemption if it is generated and
						  managed by you under a single NRC or NRC Agreement State license. (Mixed waste
						  generated at a facility with a different license number and shipped to your
						  facility for storage or treatment requires a permit and is ineligible for this
						  exemption. In addition, NARM waste is ineligible this exemption.)
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › TREATMENT › Section 11-266.235 - What waste treatment does the storage and treatment conditional exemption allow?

Current through June, 2024
You may treat your low-level mixed waste at your
						  facility within a tank or container in accordance with the terms of your NRC or
						  NRC Agreement State license. Treatment that cannot be done in a tank or
						  container without a RCRA permit (such as incineration) is not allowed under
						  this exemption.
Loss of Conditional Exemption
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › LOSS OF CONDITIONAL EXEMPTION › Section 11-266.240 - How could you lose the conditional exemption for your LLMW and what action must you take?

Current through June, 2024
(a) Your LLMW will automatically lose the
						storage and treatment conditional exemption if you fail to meet any of the
						conditions specified in § 266.230. When your LLMW loses the exemption, you
						must immediately manage that waste which failed the condition as RCRA hazardous
						waste, and the storage unit storing the LLMW immediately becomes subject to
						RCRA hazardous waste container and/or tank storage requirements.
(1) If you fail to meet any of the conditions
						specified in § 266.230 you must report to us and the NRC, or the oversight
						agency in the NRC Agreement State, in writing by certified delivery within 30
						days of learning of the failure. Your report must be signed by your authorized
						representative certifying that the information provided is true, accurate, and
						complete. This report must include:
(i) The
						specific condition(s) you failed to meet;
(ii) A description of the LLMW (including the
						waste name, hazardous waste codes and quantity) and storage location at the
						facility; and
(iii) The date(s) on
						which you failed to meet the condition(s).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › LOSS OF CONDITIONAL EXEMPTION › Section 11-266.245 - If you lose the storage and treatment conditional exemption for your LLMW, can the exemption be reclaimed?

Current through June, 2024
(a) You may reclaim
						the storage and treatment exemption for your LLMW if:
(1) You again meet the conditions specified
						in § 266.230; and
(2) You send
						us a notice by certified delivery that you are reclaiming the exemption for
						your LLMW. Your notice must be signed by your authorized representative
						certifying that the information contained in your notice is true, complete, and
						accurate. In your notice you must do the following:
(i) Explain the circumstances of each
						failure.
(ii) Certify that you have
						corrected each failure that caused you to lose the exemption for your LLMW and
						that you again meet all the conditions as of the date you specify.
(iii) Describe plans that you have
						implemented, listing specific steps you have taken, to ensure the conditions
						will be met in the future.
(iv)
						Include any other information you want us to consider when we review your
						notice reclaiming the exemption.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › RECORDKEEPING › Section 11-266.250 - What records must you keep at your facility and for how long?

Current through June, 2024
(a) In addition to those records required by
						your NRC or NRC Agreement State license, you must keep records as follows:
(1) Your initial notification records, return
						receipts, reports to us of failure(s) to meet the exemption conditions, and all
						records supporting any reclaim of an exemption;
(2) Records of your LLMW annual inventories,
						and quarterly inspections;
(3) Your
						certification that facility personnel who manage stored mixed waste are trained
						in safe management of LLMW including training in chemical waste management and
						hazardous materials incidents response; and
(4) Your emergency plan as specified in
						§ 266.230(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › REENTRY INTO RCRA › Section 11-266.255 - When is your LLMW no longer eligible for the storage and treatment conditional exemption?

Current through June, 2024
(a) When your LLMW
						has met the requirements of your NRC or NRC Agreement State license for
						decay-in-storage and can be disposed of as non-radioactive waste, then the
						conditional exemption for storage no longer applies. On that date your waste is
						subject to hazardous waste regulation under the relevant sections of chapters
						11-260.1 to 11270.1, and the time period for accumulation of a hazardous waste
						as specified in 40 CFR
						40
						CFR 262.16 or
						262.17
						begins.
(b) When your conditionally
						exempt LLMW, which has been generated and stored under a single NRC or NRC
						Agreement State license number, is removed from storage, it is no longer
						eligible for the storage and treatment exemption. However, your waste may be
						eligible for the transportation and disposal conditional exemption at §
						266.305.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › STORAGE UNIT CLOSURE › Section 11-266.260 - Do closure requirements apply to units that stored LLMW prior to the effective date of Subpart N?

Current through June, 2024
Interim status and permitted storage units that have
						  been used to store only LLMW prior to the effective date of subpart N of this
						  part and, after that date, store only LLMW which becomes exempt under this
						  subpart N, are not subject to the closure requirements of 40 CFR parts 264 and
						  265. Storage units (or portions of units) that have been used to store both
						  LLMW and non-mixed hazardous waste prior to the effective date of subpart N or
						  are used to store both after that date remain subject to closure requirements
						  with respect to the non-mixed hazardous waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › TRANSPORTATION AND DISPOSAL CONDITIONAL EXEMPTION › Section 11-266.305 - What does the transportation and disposal conditional exemption do?

Current through June, 2024
This conditional exemption exempts your waste from the
						  regulatory definition of hazardous waste in
						  40 CFR
						  261.3 if your waste meets the eligibility
						  criteria under § 266.310, and you meet the conditions in §
						  266.315.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › ELIGIBILITY › Section 11-266.310 - What wastes are eligible for the transportation and disposal conditional exemption?

Current through June, 2024
Eligible waste must be:
(a) A low-level mixed waste (LLMW), as
						defined in § 266.210, that meets the waste acceptance criteria of a
						LLRWDF; and/or
(b) An eligible NARM
						waste, defined in § 266.210.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.315 - What are the conditions you must meet for your waste to qualify for and maintain the transportation and disposal conditional exemption?

Current through June, 2024
You must meet the following conditions for your
						  eligible waste to qualify for and maintain the exemption:
(a) The eligible waste must meet or be
						treated to meet LDR treatment standards as described in §
						266.320.
(b) If you are not already
						subject to NRC, or NRC Agreement State equivalent manifest and transportation
						regulations for the shipment of your waste, you must manifest and transport
						your waste according to NRC regulations as described in §
						266.325.
(c) The exempted waste
						must be in containers when it is disposed of in the LLRWDF as described in
						§ 266.340.
(d) The exempted
						waste must be disposed of at a designated LLRWDF as described in §
						266.335.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.320 - What treatment standards must your eligible waste meet?

Current through June, 2024
Your LLMW or eligible NARM waste must meet Land
						  Disposal Restriction (LDR) treatment standards specified in 40 CFR part 268 ,
						  subpart D.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.325 - Are you subject to the manifest and transportation condition in Section 266.315(b)?

Current through June, 2024
If you are not already subject to NRC, or NRC Agreement
						  State equivalent manifest and transportation regulations for the shipment of
						  your waste, you must meet the manifest requirements under
						  10 CFR
						  20.2006 (or NRC Agreement State equivalent
						  regulations), and the transportation requirements under
						  10 CFR
						  1.5 (or NRC Agreement State equivalent
						  regulations) to ship the exempted waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.330 - When does the transportation and disposal exemption take effect?

Current through June, 2024
The exemption becomes effective once all the following
						  have occurred:
(a) Your eligible waste
						meets the applicable LDR treatment standards.
(b) You have received return receipts that
						you have notified us and the LLRWDF as described in § 266.345.
(c) You have completed the packaging and
						preparation for shipment requirements for your waste according to NRC Packaging
						and Transportation regulations found under 10 CFR part 71 (or NRC Agreement
						State equivalent regulations); and you have prepared a manifest for your waste
						according to NRC manifest regulations found under 10 CFR part 20 (or NRC
						Agreement State equivalent regulations), and
(d) You have placed your waste on a
						transportation vehicle destined for a LLRWDF licensed by NRC or an NRC
						Agreement State.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.335 - Where must your exempted waste be disposed of?

Current through June, 2024
Your exempted waste must be disposed of in a LLRWDF
						  that is regulated and licensed by NRC under 10 CFR part 61 or by an NRC
						  Agreement State under equivalent State regulations, including State NARM
						  licensing regulations for eligible NARM.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES › Subpart N - Conditional Exemption for Low-Level Mixed Waste Storage, Treatment, Transportation and Disposal › CONDITIONS › Section 11-266.340 - What type of container must be used for disposal of exempted waste?

Current through June, 2024
Your exempted waste must be placed in containers before
						  it is disposed. The container must be:
(a) A carbon steel drum; or
(b) An alternative container with equivalent
						containment performance in the disposal environment as a carbon steel drum;
						or
(c) A high integrity container
						as defined by NRC.