Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261.1 - HAZARDOUS WASTE MANAGEMENT: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Part 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subpart 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 subpart 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) [Wastes listed in
					 accordance with these criteria will be designated Toxic wastes.] 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 paragraph (a)(3)(vii) of this section.
(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.