Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 260.1 - HAZARDOUS WASTE MANAGEMENT: GENERAL PROVISIONS › Section 11-260.1-4 - Amendments to the incorporation of 40 C.F.R. part 260, subpart B

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 260.10 is amended as follows:
(1) The following definitions are excluded
				from incorporation: "AES filing compliance date", "Carbon dioxide stream",
				"Cathode ray tube or CRT", "CRT collector", "CRT exporter", "CRT glass
				manufacturer", "CRT processing", and "State".
(2) The following definitions are amended as
				follows:
"Active portion" definition. Replace "the effective date of
				  part 261 of this chapter" with "November 19, 1980".
"Airbag waste collection facility" definition. Replace
				  "§ 261.4(j) of this chapter" with
				  40
				  C.F.R. section 261.4(j) or
				  corresponding regulations of any authorized state".
"Airbag waste handler" definition. Replace "this chapter"
				  with " 40 C.F.R. parts 260 to 279 or corresponding regulations of any
				  authorized state".
"Central accumulation area" definition. Delete "A central
				  accumulation area at an eligible academic entity that chooses to operate under
				  40 C.F.R. part 262 subpar t K is also subject to §262. 211 when
				  accumulating unwanted material and/or hazardous waste."
"Designated facility " definition. Insert "or corresponding
				  regulations of any authorized state" after "part 266 of this chapter", after
				  "§262.20", and after "§265.72(f) of this chapter".
"Destination facility" definition. Delete "paragraphs (a) and
				  (c) of".
"EPA hazardous waste number" definition. Insert "or the
				  State" after "by EPA".
"EPA identification number" definition. Insert "or the State"
				  after "by EPA".
"Equivalent method" definition. Insert "and approved by the
				  director" at the end of the sentence.
"Existing hazardous waste management (HWM) facility or
				  existing facility" definition. Replace "on or before November 19, 1980" with
				  "on or before:
(1) November 19,
				1980;
(2) The effective date of
				statutory or regulatory changes made under RCRA prior to June 18, 1994 that
				made the facility subject to the requirement to have an RCRA permit;
				or
(3) The effective date of
				statutory or regulatory changes made under chapter
				342J, HRS, after June 18, 1994 that
				made the facility subject to the requirement to have a permit under section
				342J-30(a),
				HRS".
"Existing tank system or existing component" definition.
				  Replace "on or prior to July 14, 1986" with "on or prior to July 14, 1986 for
				  HSWA tanks and June 18, 1994 for non-HSWA tanks".
"Facility" definition. Delete "or 267.101" and replace "RCRA
				  Section 3008(h)" with "
				  42 U.S.C. section
				  6928(h) or section 342J-36,
				  HRS".
"Final closure" definition. Replace "§262.34" with "
				  40
				  C.F.R. sections 262.14 to
				  262.17,
				  as incorporated and amended in section 11-262.1-1".
"Inactive portion" definition. Replace "the effective date of
				  part 261 of this chapter" with "November 19, 1980".
"New hazardous waste management facility" definition. Replace
				  in its entirety to read: "New hazardous waste management facility or new
				  facility means a hazardous waste management facility which is not included in
				  the definition of an existing hazardous waste management facility."
"New tank system or new tank component" definition. Replace
				  both occurrences of "July 14, 1986" with "July 14, 1986 for HSWA tanks and June
				  18, 1994 for non-HSWA tanks".
"Person" definition. Replace in its entirety to read: "Person
				  means any individual, partnership, firm, joint stock company, association,
				  public or private corporation, federal agency, the State or any of its
				  political subdivisions, any state and any of its political subdivisions, trust,
				  estate, interstate body, or any other legal entity."
"Remediation waste management site" definition. Insert "or
				  section
				  342J-36,
				  HRS" after "
				  40 C.F.R.
				  264.101 ".
"Universal waste" definition. Replace "; and" with";" and
				  replace the period at the end of the definition with"; (6) Electronic items as
				  described in 40 C.F.R. section 273.6.1, as incorporated and amended in section
				  11-273.1-1; and (7) Solar panels as described in 40 C.F.R. section 273.6.2, as
				  incorporated and amended in section 11-273.1-1".
"Universal waste handler" definition. Replace "A person who
				  treats (except under the provisions of
				  40 C.F.R. 273.13(a) or
				  (c), or
				  40 C.F.R. 273.33(a) or
				  (c)) , disposes of, or recycles (except under
				  the provisions of
				  40 C.F.R.
				  273.13(e) or
				  40 C.F.R.
				  273.33(e)) universal waste;"
				  with "A person who treats, disposes of, or recycles universal waste (except
				  under the provisions of
				  40 C.F.R. section
				  273.13 or
				  273.33, as
				  incorporated and amended in section 11-273.1-1);".
(3) Add the following additional definitions
				In alphabetical order:
"Ampule" means an airtight vial made of glass, plastic,
				  metal, or any combination of these materials.
"Any state" means any of the several states, the District of
				  Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
				  Samoa, the Commonwealth of the Northern Mariana Islands, and any other U.S.
				  territory.
"Authorized state" or "approved state" means a State which
				  has been approved or authorized by EPA under 40 C.F.R. part 271 .
"Circuit board" means the part of an electronic device that
				  mechanically supports and electrically connects electronic components (such as
				  capacitors, diodes, power sources, resistors, sensors, switches, transducers,
				  transistors, etc.) using conductive tracks.
"CWA" means the federal Clean Water Act,
				  33 U.S.C. section
				  1251 et seq.
"Director", or "director of health", means the director of
				  the State of Hawaii department of health or the director' s authorized
				  agent.
"Electronic item", also referred to as "universal waste
				  electronic item", means a device containing a circuit board, or other complex
				  circuitry, or a video display. Indicators that a device likely contains a
				  circuit board include the presence of a keypad, touch screen, any type of video
				  or digital display, or common electronic ports or connectors, such as serial,
				  parallel, Rj45 ("network"), or USB. Examples of common universal waste
				  electronic items include, but are not limited to: computer central processing
				  unit; computer monitor; portable computer (including notebook, laptop, and
				  tablet computer); devices designed for use with computers (also known as
				  computer peripherals) such as keyboard, mouse, desktop printer, scanner, and
				  external storage drive; server; television; digital video disc (DVD) recorder
				  or player; videocassette recorder or player (VCR); eBook reader; digital
				  picture frame; fax machine; video game equipment; cellular telephone; answering
				  machine; digital camera; portable music or video player; wireless paging
				  device; remote control; and smoke detector. Electronic item does not include a
				  device that is physically a part of, connected to, or integrated within a large
				  piece of equipment that is not meant to be hand-carried by one person (for
				  example, an automobile, large medical equipment, or white goods as defined in
				  chapter
				  11-58.1). A device is considered
				  physically a part of, connected to, or integrated within a large piece of
				  equipment if the device cannot be easily disconnected from the large equipment
				  by a layperson without specialized training. When a device containing a circuit
				  board or a video display is removed, separated, or separate from the large
				  piece of equipment that it is meant to be a part of, it is a universal waste
				  electronic item.
"HRS" means the Hawaii Revised Statutes.
"HSWA" means Hazardous and Solid Waste Amendments.
"HSWA Drip Pad" means a drip pad handling F032 waste, as
				  defined in
				  40 C.F.R. section
				  261.31, as incorporated and amended in
				  section 11-261.1-1.
"HSWA Tank" means a tank owned or operated by a generator of
				  less than one thousand kilograms of hazardous waste in any single calendar
				  month; or, a new underground tank; or, an existing underground tank that cannot
				  be entered for inspection.
"Land disposal" means placement in or on the land, except in
				  a corrective action management unit or staging pile, and includes, but is not
				  limited to, placement in a landfill, surface impoundment, waste pile, injection
				  well, land treatment facility, salt dome formation, salt bed formation,
				  underground mine or cave, or placement in a concrete vault, or bunker intended
				  for disposal purposes.
"Non-HSWA Drip Pad" means a drip pad handling F034 and F035
				  wastes, as defined in
				  40 C.F.R. section
				  261.31, as incorporated and amended in
				  section 11-261.1-1.
"Non-HSWA Tank" means all tanks except HSWA tanks as defined
				  in this section.
"Photovoltaic cell" means a specialized semiconductor diode
				  designed to convert solar radiation into electrical energy. Photovoltaic cells
				  may be composed of, but are not limited to, monocrystalline silicon,
				  polycrystalline silicon, amorphous silicon, cadmium telluride, copper indium
				  gallium selenide, and gallium indium phosphide/gallium arsenide/gallium, and
				  perovskite. Photovoltaic cells are managed as solar panels.
"Solar panel" or "solar photovoltaic panel" means a device
				  consisting of one or more electrically connected photovoltaic cells that are
				  designed to convert solar radiation into electrical energy. Solar panel
				  includes integrated components that cannot be separated without breaking the
				  solar panel glass. Examples of integrated components include, but are not
				  limited to, protective glass, conductive metal contact, metal framing the
				  photovoltaic cells, housing or pocket holding the photovoltaic cells, and top
				  and back layer. Photovoltaic cells that are not electrically connected are
				  managed as solar panels. Solar panel does not include solar thermal panels that
				  do not contain photovoltaic cells.
"Solar photovoltaic system" means a set of components
				  consisting of one or more solar panels and ancillary components such as, but
				  not limited to, metal frames used to support the solar panels, connectors,
				  junction boxes, batteries, inverters, wires, and cables that are connected to
				  the solar panels. Ancillary components are those components of the system that
				  can be manually separated from the solar panel without breaking the solar panel
				  glass.
"Video display" means the part of an electronic device
				  capable of presenting images electronically on a screen viewable by the device
				  user. A video display may use cathode ray tube, liquid crystal display (LCD),
				  gas plasma, digital light processing, or other image projection
				  technology.