Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter B - CRITERIA FOR IDENTIFYING THE CHARACTERISTICS OF HAZARDOUS WASTE AND FOR LISTING HAZARDOUS WASTE › Section 11-261-11 - Criteria for listing hazardous waste

Current through June, 2024
(a) The director
				  shall list a solid waste as a hazardous waste only upon determining that the
				  solid waste meets one of the following criteria:
(1) It exhibits any of the characteristics of
				  hazardous waste identified in subchapter C.
(2) It has been found to be fatal to humans
				  in low doses or, in the absence of data on human toxicity, it has been shown in
				  studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per
				  kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per
				  liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per
				  kilogram or is otherwise capable of causing or significantly contributing to an
				  increase in serious irreversible, or incapacitating reversible, illness. (Waste
				  listed in accordance with these criteria will be designated Acute Hazardous
				  Waste.)
(3) It contains any of the
				  toxic constituents listed in Appendix VIII and, after considering the following
				  factors, the director concludes that the waste is capable of posing a
				  substantial present or potential hazard to human health or the environment when
				  improperly treated, stored, transported or disposed of, or otherwise managed:
(i) The nature of the toxicity presented by
				  the constituent.
(ii) The
				  concentration of the constituent in the waste.
(iii) The potential of the constituent or any
				  toxic degradation product of the constituent to migrate from the waste into the
				  environment under the types of improper management considered in subparagraph
				  (a)(3)(vii).
(iv) The persistence
				  of the constituent or any toxic degradation product of the
				  constituent.
(v) The potential for
				  the constituent or any toxic degradation product of the constituent to degrade
				  into non-harmful constituents and the rate of degradation.
(vi) The degree to which the constituent or
				  any degradation product of the constituent bioaccumulates in
				  ecosystems.
(vii) The plausible
				  types of improper management to which the waste could be subjected.
(viii) The quantities of the waste generated
				  at individual generation sites or on a regional or national basis.
(ix) The nature and severity of the human
				  health and environmental damage that has occurred as a result of the improper
				  management of wastes containing the constituent.
(x) Action taken by other governmental
				  agencies or regulatory programs based on the health or environmental hazard
				  posed by the waste or waste constituent.
(xi) Such other factors as may be
				  appropriate. Substances will be listed on appendix VIII only if they have been
				  shown in scientific studies to have toxic, carcinogenic, mutagenic or
				  teratogenic effects on humans or other life forms.
(Wastes listed in accordance with these criteria will be
					 designated Toxic wastes.)