Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 264.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 264 - STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - General › Section 11-264.1 - Purpose, scope and applicability

Current through June, 2024
(a) The purpose of
					 this part is to establish minimum state standards which define the acceptable
					 management of hazardous waste.
(b)
					 The standards in this part apply to owners and operators of all facilities
					 which treat, store, or dispose of hazardous waste, except as specifically
					 provided otherwise in this part or part 261 of this chapter.
(c) The requirements of this part apply to a
					 person disposing of hazardous waste by means of ocean disposal subject to a
					 permit issued under the Marine Protection, Research, and Sanctuaries Act only
					 to the extent they are included in a RCRA permit by rule granted to such a
					 person under part 270 of this chapter.
[Comment: These part 264 regulations do apply to the
						treatment or storage of hazardous waste before it is loaded onto an ocean
						vessel for incineration or disposal at sea.]
(d) Underground injection of hazardous waste
					 is prohibited in the State of Hawaii.
(e) The requirements of this part 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 RCRA permit by rule granted to
					 such a person under part 270 of this chapter.
(f) [excluded from incorporation]
(g) The requirements of this part 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 part by §
					 262.14 of this chapter;
(2) The
					 owner or operator of a facility managing recyclable materials described in
					 § 261.6 (a)(2), (3), and (4) of this chapter (except to the extent they
					 are referred to in part 279 or subparts C, F, G, or H of part 266 of this
					 chapter).
(3) A generator
					 accumulating waste on-site in compliance with §§ 262.14, 262.15,
					 262.16, or 262.17 of this chapter[;]
(4) A farmer disposing of waste pesticides
					 from his own use in compliance with § 262.70 of this chapter; or
(5) The owner or operator of a totally
					 enclosed treatment facility, as defined in § 260.10.
(6) The owner or operator of an elementary
					 neutralization unit or a wastewater treatment unit as defined in § 260.10
					 of this chapter, provided that if the owner or operator is diluting hazardous
					 ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
					 § 268.40 of this chapter, 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 §
					 264.17(b).
(7) [Reserved]
(8)
(i)
					 Except as provided in paragraph (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
					 40
					 CFR 260.10.
(ii) An owner or operator of a facility
					 otherwise regulated by this part must comply with all applicable requirements
					 of subparts C and D.
(iii) Any
					 person who is covered by paragraph (g)(8)(i) of this section 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
					 part and chapter
					 11-55 for those activities.
(iv) In the case of an explosives or
					 munitions emergency response, if a Federal, State, Tribal 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 40
					 CFR 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
					 § 260.10 of this chapter) 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 §§ 264.17(b), 264.171, and 264.172 are
					 complied with.
(11) Universal waste
					 handlers and universal waste transporters (as defined in
					 40
					 CFR 260.10) handling the wastes listed below.
					 These handlers are subject to regulation under 40 CFR part 273, when handling
					 the below listed universal wastes.
(i)
					 Batteries as described in
					 40 CFR
					 273.2;
(ii) Pesticides as described in § 273.3
					 of this chapter;
(iii)
					 Mercury-containing equipment as described in § 273.4 of this
					 chapter;
(iv) Lamps as described in
					 § 273.5 of this chapter;
(v)
					 Aerosol cans as described in § 273.6 of this chapter;
(vi) Electronic items as described in 40
					 C.F.R. section 273.6.1, as incorporated and amended in section 11-273.1-1;
					 and
(vii) Solar panels as described
					 in 40 C.F.R. section 273.6.2, as incorporated and amended in section
					 11-273.1-1.
(12)
					 [excluded from incorporation]
(13)
					 Reverse distributors accumulating potentially creditable hazardous waste
					 pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in
					 § 266.500. Reverse distributors are subject to regulation under 40 CFR
					 part 266 subpart P in lieu of this part for the accumulation of potentially
					 creditable hazardous waste pharmaceuticals and evaluated hazardous waste
					 pharmaceuticals.