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 A - GENERAL › Section 11-261-6 - Requirements for recyclable materials

Current through June, 2024
(a)
(1) Hazardous wastes that are recycled are
				  subject to the requirements for generators, transporters, and storage
				  facilities of subsections (b) and (c), except for the materials listed in
				  paragraphs (a)(2) and (a)(3). Hazardous wastes that are recycled will be known
				  as "recyclable materials."
(2) The
				  following recyclable materials are not subject to the requirements of this
				  section but are regulated under subchapters C through H of chapter 11-266 and
				  all applicable provisions in chapters
				  11-270 and 11-271;
(i) Recyclable materials used in a manner
				  constituting disposal (subchapter C);
(ii) Hazardous wastes burned for energy
				  recovery in boilers and industrial furnaces that are not regulated under
				  subchapter O of chapter 11-264 or 11-265 (subchapter H);
(iii) Recyclable materials from which
				  precious metals are reclaimed (subchapter F);
(iv) Spent lead-acid batteries that are being
				  reclaimed (subchapter G).
(3) The following recyclable materials are
				  not subject to regulation under chapters 11-262 through 11-266 or 11-268,
				  11-270 or 11-271, and are not subject to the notification requirements of
				  section
				  342J-6.5, HRS:
(i) Industrial ethyl alcohol that is
				  reclaimed except that, unless provided otherwise in an international agreement
				  as specified in section 11-262-58:
(A) A
				  person initiating a shipment for reclamation in a foreign country, and any
				  intermediary arranging for the shipment, must comply with the requirements
				  applicable to a primary exporter in
				  40 CFR
				  262.53 or section 11-262-53, 40 CFR 262.56
				  (a)(1) -(4), (6), and (b), or section 11-262-56(a)(1)-(4), (6), and (b), and
				  40 CFR
				  262.57 or section 11-262-57, export such
				  materials only upon consent of the receiving country and in conformance with
				  the EPA Acknowledgment of Consent as defined in subpart E of 40 CFR Part 262 or
				  subchapter E of chapter 11-262, and provide to the department and to the
				  transporter transporting the shipment for export a copy of the EPA
				  Acknowledgment of Consent to the shipment;
(B) Transporters transporting a shipment for
				  export may not accept a shipment if he or she knows the shipment does not
				  conform to the EPA Acknowledgment of Consent, must ensure that a copy of the
				  EPA Acknowledgment of Consent accompanies the shipment and must ensure that it
				  is delivered to the facility designated by the person initiating the
				  shipment.
(ii) Scrap
				  metal that is not excluded under section 11-261-4(a)(13);
(iii) Fuels produced from the refining of
				  oil-bearing hazardous wastes along with normal process streams at a petroleum
				  refining facility if such wastes result from normal petroleum refining,
				  production, and transportation practices (this exemption does not apply to
				  fuels produced from oil recovered from oil-bearing hazardous waste, where such
				  recovered oil is already excluded under paragraph 11-261-4(a)(12) );
(iv)
(A)
				  Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum
				  refining, production, or transportation practices, or produced from oil
				  reclaimed from such hazardous wastes, where such hazardous wastes are
				  reintroduced into a process that does not use distillation or does not produce
				  products from crude oil so long as the resulting fuel meets the used oil
				  specification under subsection 11-279-11 and so long as no other hazardous
				  wastes are used to produce the hazardous waste fuel;
(B) Hazardous waste fuel produced from
				  oil-bearing hazardous waste from petroleum refining production, and
				  transportation practices, where such hazardous wastes are reintroduced into a
				  refining process after a point at which contaminants are removed, so long as
				  the fuel meets the used oil fuel specification under subsection 11-279-11;
				  and
(C) Oil reclaimed from
				  oil-bearing hazardous wastes from petroleum refining, production, and
				  transportation practices, which reclaimed oil is burned as a fuel without
				  reintroduction to a refining process, so long as the reclaimed oil meets the
				  used oil fuel specification under subsection 11-279-11; and
(v) Petroleum coke produced from
				  petroleum refinery hazardous wastes containing oil by the same person who
				  generated the waste, unless the resulting coke product exceeds one or more of
				  the characteristics of hazardous waste in chapter 11-261, subchapter
				  C.
(4) Used oil that is
				  recycled and is also a hazardous waste solely because it exhibits a hazardous
				  characteristic is not subject to the requirements of chapters 11-260 through
				  11-268, but is regulated under chapter
				  11-279. Used oil that is recycled
				  includes any used oil which is reused, following its original use, for any
				  purpose (including the purpose for which the oil was originally used). Such
				  term includes, but is not limited to, oil which is re-refined, reclaimed,
				  burned for energy recovery, or reprocessed.
(5) Hazardous waste that is exported to or
				  imported from designated member countries of the Organization for Economic
				  Cooperation and Development (OECD) (as defined in
				  40 CFR section
				  262.58(a)(1) ) for purpose
				  of recovery is subject to the requirements of subchapter H of chapter 11-262,
				  if it is subject to either the federal manifesting requirements of 40 CFR Part
				  262, to the universal waste management standards of 40 CFR Part 273, or to
				  chapter 11-273.