Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart H - Transboundary Movements of Hazardous Waste for Recovery or Disposal › Section 11-262.81 - Definitions

Current through June, 2024
In addition to the definitions set forth at
					 40
					 CFR 260.10, the following definitions apply
					 to this subpart:
Competent authority
means the regulatory
					 authority or authorities of concerned countries having jurisdiction over
					 transboundary movements of wastes.
Countries concerned
means the countries of
					 export or import and any countries of transit.
Country of export
means any country from
					 which a transboundary movement of hazardous wastes is planned to be initiated
					 or is initiated.
Country of import
means any country to
					 which a transboundary movement of hazardous wastes is planned or takes place
					 for the purpose of submitting the wastes to recovery or disposal operations
					 therein.
Country of transit
means any country other
					 than the country of export or country of import across which a transboundary
					 movement of hazardous wastes is planned or takes place.
Disposal operations
means activities which
					 do not lead to the possibility of resource recovery, recycling, reclamation,
					 direct re-use or alternate uses, which include:
(1) D1 Release or Deposit into or onto land, other than by
					 any of operations D2 through D5 or D12.
(2) D2 Land treatment, such as biodegradation of liquids or
					 sludges in soils.
(3) D3 Deep injection, such as injection into wells, salt
					 domes or naturally occurring repositories.
(4) D4 Surface impoundment, such as placing of liquids or
					 sludges into pits, ponds or lagoons.
(5) D5 Specially engineered landfill, such as placement
					 into lined discrete cells which are capped and isolated from one another and
					 the environment.
(6) D6 Release into a water body other than a sea or ocean,
					 and other than by operation D4.
(7) D7 Release into a sea or ocean, including sea-bed
					 insertion, other than by operation D4.
(8) D8 Biological treatment not specified elsewhere in
					 operations D1 through D12, which results in final compounds or mixtures which
					 are discarded by means of any of operations D1 through D12.
(9) D9 Physical or chemical treatment not specified
					 elsewhere in operations D1 through D12, such as evaporation, drying,
					 calcination, neutralization, or precipitation, which results in final compounds
					 or mixtures which are discarded by means of any of operations D1through
					 D12.
(10) D10 Incineration on land.
(11) D11 Incineration at sea.
(12) D12 Permanent storage.
(13) D13 Blending or mixing, prior to any of operations D1
					 through D12.
(14) D14 Repackaging, prior to any of operations D1 through
					 D13.
(15) D15 (or DC17 for transboundary movements with Canada
					 only) Interim Storage, prior to any of operations D1 through D12.
(16) DC15 Release, including the venting of compressed or
					 liquefied gases, or treatment, other than by any of operations D1 to D12 (for
					 transboundary movements with Canada only).
(17) DC16 Testing of a new technology to dispose of a
					 hazardous waste (for transboundary movements with Canada only).
EPA Acknowledgment of Consent
(AOC) means
					 the letter EPA sends to the exporter documenting the specific terms of the
					 country of import's consent and the country(ies) of transit's consent(s). The
					 AOC meets the definition of an export license in U.S. Census Bureau regulations
					 15 CFR
					 30.1.
Export
means the transportation of
					 hazardous waste from a location under the jurisdiction of the United States to
					 a location under the jurisdiction of another country, or a location not under
					 the jurisdiction of any country, for the purposes of recovery or disposal
					 operations therein.
Exporter
, also known as primary exporter
					 on the RCRA hazardous waste manifest, means the person domiciled in the United
					 States who is required to originate the movement document in accordance with
					 § 262.83(d) [federal] or the manifest for a shipment of hazardous waste in
					 accordance with subpart B of this part [federal], or equivalent State
					 provision, which specifies a foreign receiving facility as the facility to
					 which the hazardous wastes will be sent, or any recognized trader who proposes
					 export of the hazardous wastes for recovery or disposal operations in the
					 country of import.
Foreign exporter
means the person under
					 the jurisdiction of the country of export who has, or will have at the time the
					 planned transboundary movement commences, possession or other forms of legal
					 control of the hazardous wastes and who proposes shipment of the hazardous
					 wastes to the United States for recovery or disposal operations.
Foreign importer
means the person to whom
					 possession or other form of legal control of the hazardous waste is assigned at
					 the time the exported hazardous waste is received in the country of
					 import.
Foreign receiving facility
means a
					 facility which, under the importing country's applicable domestic law, is
					 operating or is authorized to operate in the country of import to receive the
					 hazardous wastes and to perform recovery or disposal operations on them.
Import
means the transportation of
					 hazardous waste from a location under the jurisdiction of another country to a
					 location under the jurisdiction of the United States for the purposes of
					 recovery or disposal operations therein.
Importer
means the person to whom
					 possession or other form of legal control of the hazardous waste is assigned at
					 the time the imported hazardous waste is received in the United States.
OECD area
means all land or marine areas
					 under the national jurisdiction of any OECD Member country. When the
					 regulations refer to shipments to or from an OECD Member country, this means
					 OECD area.
OECD
means the Organization for Economic
					 Cooperation and Development.
OECD Member country
means the countries
					 that are members of the OECD and participate in the Amended 2001 OECD Decision.
					 (EPA provides a list of OECD Member countries at
https://www.epa.gov/hwgenerators/international-agreementstransboundary-shipments-waste
).
Receiving facility
means a U.S. facility
					 which, under RCRA and other applicable domestic laws, is operating or is
					 authorized to operate to receive hazardous wastes and to perform recovery or
					 disposal operations on them.
Recovery operations
means activities
					 leading to resource recovery, recycling, reclamation, direct re-use or
					 alternative uses, which include:
(1) R1 Use as a fuel (other than in direct incineration) or
					 other means to generate energy.
(2) R2 Solvent reclamation/regeneration.
(3) R3 Recycling/reclamation of organic substances which
					 are not used as solvents.
(4) R4 Recycling/reclamation of metals and metal
					 compounds.
(5) R5 Recycling/reclamation of other inorganic
					 materials.
(6) R6 Regeneration of acids or bases.
(7) R7 Recovery of components used for pollution
					 abatement.
(8) R8 Recovery of components used from catalysts.
(9) R9 Used oil re-refining or other reuses of previously
					 used oil.
(10) R10 Land treatment resulting in benefit to agriculture
					 or ecological improvement.
(11) R11 Uses of residual materials obtained from any of
					 the operations numbered R1 through R10 or RC14 (for transboundary shipments
					 with Canada only).
(12) R12 Exchange of wastes for submission to any of the
					 operations numbered R1 through R11 or RC14 (for transboundary shipments with
					 Canada only).
(13) R13 Accumulation of material intended for any
					 operation numbered R1 through R12 or RC14 (for transboundary shipments with
					 Canada only).
(14) RC14 Recovery or regeneration of a substance or use or
					 re-use of a recyclable material, other than by any of operations R1 to R10 (for
					 transboundary shipments with Canada only).
(15) RC15 Testing of a new technology to recycle a
					 hazardous recyclable material (for transboundary shipments with Canada
					 only).
(16) RC16 Interim storage prior to any of operations R1 to
					 R11 or RC14 (for transboundary shipments with Canada only).
Transboundary movement
means any movement
					 of hazardous wastes from an area under the national jurisdiction of one country
					 to an area under the national jurisdiction of another country.