Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264 - HAZADOUS WASTE MANAGEMENT STANDARDS FOR OWNERS AND OPERATERS OF HAZADOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subchapter A - GENERAL › Section 11-264-1 - Purpose, scope and applicability

Current through June, 2024
(a) The purpose of
				  this chapter is to establish minimum State standards which are consistent with
				  and at least as stringent as national standards which define the acceptable
				  management of hazardous waste.
(b)
				  The standards in this chapter apply to owners and operators of all facilities
				  which treat, store, or dispose of hazardous waste, except as specifically
				  provided otherwise in this chapter or chapter 11-261.
(c) The requirements of this chapter apply to
				  a person disposing of hazardous waste by means of ocean disposal subject to a
				  permit issued under the Federal Marine Protection, Research, and Sanctuaries
				  Act only to the extent they are included in a hazardous waste management permit
				  by rule granted to such a person under chapter 11-270.
(d) The requirements of this chapter apply to
				  a person disposing of hazardous waste by means of underground injection subject
				  to a permit issued under an Underground Injection Control (UIC) program
				  approved or promulgated under the Federal Safe Drinking Water Act only to the
				  extent they are required by
				  40 CFR
				  144.14.
(e) The requirements of this chapter apply to
				  the owner or operator of a POTW which treats, stores, or disposes of hazardous
				  waste only to the extent they are included in a hazardous waste management
				  permit by rule granted to such a person under chapter 11-270.
(f) [Reserved]
(g) The requirements of this chapter do not
				  apply to:
(1) The owner or operator of a
				  facility permitted, licensed, or registered by the State to manage municipal or
				  industrial solid waste, if the only hazardous waste the facility treats, stores
				  or disposes of is excluded from regulation under this chapter by section
				  11-261-5;
(2) The owner or operator
				  of a facility managing recyclable materials described in paragraphs
				  11-261-6(a)(2), 11-261-6(a)(3), and 11-261-6(a)(4) (except to the extent they
				  are referred to in chapter 11-279 or subchapters C, F, G, or H of chapter
				  11-266).
(3) A generator accumulating waste on-site in
				  compliance with section 11-262-34;
(4) A farmer disposing of waste pesticides
				  from his or her own use in compliance with section 11-262-70; or
(5) The owner or operator of a totally
				  enclosed treatment facility, as defined in section 11-260-10.
(6) The owner or operator of an elementary
				  neutralization unit or a wastewater treatment unit as defined in section
				  11-260-10, provided that if the owner or operator is diluting hazardous
				  ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
				  section 11-268-40, Table Treatment Standards for Hazardous Wastes), or reactive
				  (D003) waste, to remove the characteristic before land disposal, the
				  owner/operator must comply with the requirements set out in subsection
				  11-264-17(b).
(7)
				  (Reserved)
(8)
(i) Except as provided in subparagraph
				  (g)(8)(ii) of this section, a person engaged in treatment or containment
				  activities during immediate response to any of the following situations:
(A) A discharge of a hazardous
				  waste;
(B) An imminent and
				  substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
				  discharged, becomes a hazardous waste;
(D) An immediate threat to human health,
				  public safety, property, or the environment, from the known or suspected
				  presence of military munitions, other explosive material, or an explosive
				  device, as determined by an explosive or munitions emergency response
				  specialist as defined in section 11-260-10.
(ii) An owner or operator of a facility
				  otherwise regulated by this chapter must comply with all applicable
				  requirements of subchapters C and D.
(iii) Any person who is covered by
				  subparagraph (g)(8)(i) and who continues or initiates hazardous waste treatment
				  or containment activities after the immediate response is over is subject to
				  all applicable requirements of this chapter and chapters 11-270 and 11-271 for
				  those activities.
(iv) In the case
				  of an explosives or munitions emergency response, if a federal, State, or local
				  official acting within the scope of his or her official responsibilities, or an
				  explosives or munitions emergency response specialist, determines that
				  immediate removal of the material or waste is necessary to protect human health
				  or the environment, that official or specialist may authorize the removal of
				  the material or waste by transporters who do not have EPA identification
				  numbers and without the preparation of a manifest. In the case of emergencies
				  involving military munitions, the responding military emergency response
				  specialist's organizational unit must retain records for three years
				  identifying the dates of the response, the responsible persons responding, the
				  type and description of material addressed, and its disposition.
(9) A transporter storing
				  manifested shipments of hazardous waste in containers meeting the requirements
				  of section 11-262-30 at a transfer facility for a period of ten days or
				  less.
(10) The addition of
				  absorbent material to waste in a container (as defined in section 11-260-10 )
				  or the addition of waste to absorbent material in a container, provided that
				  these actions occur at the time waste is first placed in the container; and
				  subsection 11-264-17(b), sections 11-264-171, and 11-264-172 are complied
				  with.
(11) Universal waste handlers
				  and universal waste transporters (as defined in section 11-260-10 ) handling
				  the wastes listed below. These handlers are subject to regulation under chapter
				  11-273, when handling the below listed universal wastes.
(i) Batteries as described in section
				  11-273-2;
(ii) Pesticides as
				  described in section 11-273-3; and
(iii) Thermostats as described in section
				  11-273-4.