Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart G - Petitions To Include Other Wastes Under 40 CFR Part 273 › Section 11-273.81 - Factors for petitions to include other wastes under 40 CFR part 273

Current through June, 2024
(a) The waste or category of waste, as
				  generated by a wide variety of generators, is listed in subpart D of part 261
				  of this chapter, or (if not listed) a proportion of the waste stream exhibits
				  one or more characteristics of hazardous waste identified in subpart C of part
				  261 of this chapter. (When a characteristic waste is added to the universal
				  waste regulations of this part 273 by using a generic name to identify the
				  waste category (e.g., batteries), the definition of universal waste in §
				  260.10 of this chapter and § 273.9 will be amended to include only the
				  hazardous waste portion of the waste category (e.g., hazardous waste
				  batteries).) Thus, only the portion of the waste stream that does exhibit one
				  or more characteristics (i.e., is hazardous waste) is subject to the universal
				  waste regulations of this part 273;
(b) The waste or category of waste is not
				  exclusive to a specific industry or group of industries, is commonly generated
				  by a wide variety of types of establishments (including, for example,
				  households, retail and commercial businesses, office complexes, very small
				  quantity generators, small businesses, government organizations, as well as
				  large industrial facilities);
(c)
				  The waste or category of waste is generated by a large number of generators
				  (e.g., more than 1,000 nationally) and is frequently generated in relatively
				  small quantities by each generator;
(d) Systems to be used for collecting the
				  waste or category of waste (including packaging, marking, and labeling
				  practices) would ensure close stewardship of the waste;
(e) The risk posed by the waste or category
				  of waste during accumulation and transport is relatively low compared to other
				  hazardous wastes, and specific management standards proposed or referenced by
				  the petitioner (e.g., waste management requirements appropriate to be added to
				  40 CFR 273.13,
				  273.33, and
				  273.52; and/or
				  applicable Department of Transportation requirements) would be protective of
				  human health and the environment during accumulation and transport;
(f) Regulation of the waste or category of
				  waste under 40 CFR part 273 will increase the likelihood that the waste will be
				  diverted from non-hazardous waste management systems (e.g., the municipal waste
				  stream, nonhazardous industrial or commercial waste stream, municipal sewer or
				  stormwater systems) to recycling, treatment, or disposal in compliance with
				  Subtitle C of RCRA.
(g) Regulation
				  of the waste or category of waste under 40 CFR part 273 will improve
				  implementation of and compliance with the hazardous waste regulatory program;
				  and/or
(h) Such other factors as
				  may be appropriate.