reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279 - HAZARDOUS WASTE MANAGEMENT STANDARDS FOR THE MANAGEMENT OF USED OIL › Subchapter J - USED OIL AND USED OIL FUEL PERMITTING SYSTEM › Section 11-279-95 - Permit filing fees

Current through June, 2024
(a) The permit
				  filing fee shall be as follows:
Type of Handler
Initial Applic.
Renewal
Modif. requested to DOH
Modif. requested by DOH
Recycler
$250
$250
$250
none
Recycler & marketer
250
250
250
none
Recycler & transporter
300
300
300
none
Recycler, transporter & marketer
300
300
300
none
Transporter
50
50
50
none
Transporter & marketer
50
50
50
none
(b) The permit filing fee will not be
				  refunded nor applied to any subsequent application.
(c) Fees shall be made payable to the State
				  of Hawaii.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279 - HAZARDOUS WASTE MANAGEMENT STANDARDS FOR THE MANAGEMENT OF USED OIL › Subchapter J - USED OIL AND USED OIL FUEL PERMITTING SYSTEM › Section 11-279-96 - Penalties

Current through June, 2024
Any person who violates any provision of this subchapter
					 shall be subject to the penalties provided in chapter 342J,
					 HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-1 - Incorporation of 40 C.F.R. part 279

Current through June, 2024
Title 40, part 279 of the Code of Federal Regulations
				  (C.F.R.), published by the Office of the Federal Register, as amended as of
				  July 1, 2020, is made a part of this chapter subject to the substitutions and
				  amendments set forth in sections 11-279.1-2 to 11-279.1-11.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-2 - Substitution of state terms and citations for federal terms and citations

Current through June, 2024
(a) The following federal terms are replaced
				by the indicated state terms in all provisions of 40 C.F.R. part 279 , as
				incorporated and amended in this chapter:
(1)
				"Administrator", "Assistant Administrator", "Assistant Administrator for Solid
				Waste and Emergency Response", "EPA Administrator", "EPA Regional
				Administrator", "Regional Administrator", and "State Director" shall be
				replaced with "director".
(2)
				"Agency", "appropriate regional EPA office", "Environmental Protection Agency",
				"EPA", _: "EPA Headquarters", "EPA regional office", "EPA Regions", "U.S.
				Environmental Protection Agency", and "United States Environmental Protection
				Agency" shall be replaced with "State department of health" except in
				references to "EPA Acknowledgment of Consent", "EPA form(s)", "EPA guidance",
				"EPA hazardous waste numbers(s)", "EPA ID number", "EPA identification
				number(s)", "EPA manual(s)", "EPA publication(s)", and "EPA test
				methods".
(3) "RCRA section 3010"
				shall be replaced with "section
				342J-6.5,
				HRS".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-3 - Amendments to the incorporation of 40 C.F.R. part 279, subpart A

Current through June, 2024
The incorporation by reference of
				  40
				  C.F.R. section 279.1 is amended as
				  follows:
(1) In the introductory
				paragraph of
				40
				C.F.R. section 279.1, replace the comma
				between "260.10" and "261.1" with the word "and" and delete ", and
				280.12".
(2) The following
				definitions are amended as follows:
"Aboveground tank" definition. Replace "§280.12 of this
				  chapter" with "section
				  342L-1, HRS".
"Existing tank" definition. Replace "the effective date of
				  the authorized used oil program for the State in which the tank is located"
				  with "November 13, 2001".
"New tank" definition. Replace "the effective date of the
				  authorized used oil program for the State in which the tank is located" with
				  "November 13, 2001".
"Used oil collection center" definition. Delete "is
				  registered/licensed/permitted/recognized by a state/county/municipal government
				  to manage used oil and".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-4 - Amendments to the incorporation of 40 C.F.R. part 279, subpart B

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.10 is amended as follows:
(1) In
				40
				C.F.R. section 279.10(a),
				insert at the end of the paragraph: "For used oil sent for disposal, a
				hazardous waste determination shall be made in accordance with
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1."
(2) In
				40
				C.F.R. section 279.10(b)(2),
				insert "of 40 C.F.R. part 261 , as incorporated and amended in section
				11-261.1-1," after "subpart D" and after the second instance of "subpart
				C".
(3) In
				40
				C.F.R. section 279.10, add a new subsection
				(j) to read: "(j) Oily water. Oily water, any water that is contaminated with
				more than de minimis quantities of used oil, is subject to regulation as used
				oil under this part."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-5 - Amendments to the incorporation of 40 C.F.R. part 279, subpart C

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.20 is amended as follows:
(1) In
				40
				C.F.R. section 279.20(b),
				replace "(b)(1) through (5)" with "(b)(1) to (6)".
(2) In
				40
				C.F.R. section 279.20(b)(5),
				delete ", including the use of used oil as a dust suppressant,".
(3) In
				40
				C.F.R. section 279.20(b),
				add a new paragraph (6) to read: "(6) Used oil generators shall also comply
				with the requirements of section 11-279.1-12."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-6 - Amendments to the incorporation of 40 C.F.R. part 279, subpart D

Current through June, 2024
The incorporation by reference of
				  40 C.F.R. section
				  279.31 is amended as follows: replace
				  40 C.F.R. section
				  279.31(b)(2) in its entirety
				  to read: "(2) Obtain a permit under section 11-279.1-14."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-7 - Amendments to the incorporation of 40 C.F.R. part 279, subpart E

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.40 is amended as follows:
(1) In the introductory paragraph of
				40
				C.F.R. section 279.40(d),
				replace "(d)(1) through (5)" with "(d)(1) to (6)".
(2) In
				40
				C.F.R. section 279.40(d)(4)
				delete "and".
(3) In
				40
				C.F.R. section 279.40(d)(5),
				delete ", including the use of used oil as a dust suppressant," and replace the
				period at the end with "; and".
(4)
				In 40 C.F.R. section
				279.40(d), add a new
				paragraph (6) to read: "(6) Used oil transporters are also subject to the
				requirements of sections 11-279.1-13 and 11-279.1-14."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-8 - Amendments to the incorporation of 40 C.F.R. part 279, subpart F

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.50 is amended as follows:
(1) In the introductory paragraph of
				40
				C.F.R. section 279.50(b),
				replace "(b)(1) through (b)(5)" with "(b)(1) to (6)".
(2) In
				40
				C.F.R. section 279.50(b)(4),
				delete "and".
(3) In
				40
				C.F.R. section 279.50(b)(5),
				delete ", including the use of used oil as a dust suppressant," and replace the
				period at the end with "; and".
(4)
				In 40 C.F.R. section
				279.50(b), Add a new
				paragraph (6) to read: "(6) Used oil processors/re-refiners are also subject to
				the requirements of sections 11-279.1-13 and 11-279.1-14."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-9 - Amendments to the incorporation of 40 C.F.R. part 279, subpart G

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.60 is amended as follows:
(1) In
				40
				C.F.R. section 279.60(b)(4),
				delete "and".
(2) In
				40
				C.F.R. section 279.60(b)(5),
				delete ", including the use of used oil as a dust suppressant," and replace the
				period at the end with "; and".
(3)
				In 40 C.F.R. section
				279.60(b), add a new
				paragraph (6) to read: "(6) Used oil burners are also subject to the clean air
				requirements of chapter
				11-60.1."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-10 - Amendments to the incorporation of 40 C.F.R. part 279, subpart H

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				279.72 is amended as follows:
(1) In
				40 C.F.R. section
				279.72(a), delete "or other
				information".
(2) In
				40 C.F.R. section
				279.72(b), delete, "(or
				other information used to make the determination)".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-11 - Amendments to the incorporation of 40 C.F.R. part 279, subpart I

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 279.80 is amended as follows:
				add a second sentence to read: "For used oil sent for disposal, a hazardous
				waste determination shall be made in accordance with
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1."
(b) The
				incorporation by reference of
				40
				C.F.R. section 279.81 is amended as follows:
				in 40
				C.F.R. section 279.81(b),
				replace "parts 257 and 258 of this chapter" with " 40 C.F.R. part 257 and
				chapter
				11-58.1".
(c) The incorporation by reference of
				40 C.F.R. section
				279.82 is amended as follows: replace
				40 C.F.R. section
				279.82 in its entirety to read: "§279.82
				Use as a dust suppressant. The use of used oil as a dust suppressant is
				prohibited."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-12 - Recordkeeping requirement for used oil generators

Current through June, 2024
Used oil generators shall keep a record of each shipment of
				  used oil that is delivered to a used oil transporter, or to a used oil burner,
				  processor/re-refiner, or disposal facility.
(1) Records of each delivery shall include:
(A) The name and address of the receiving
				facility or transporter;
(B) The
				EPA identification number of the receiving facility or transporter;
(C) The quantity of used oil
				delivered;
(D) The date of
				delivery; and
(E) Except as
				provided in paragraph (2), the signature, dated upon receipt of the used oil,
				of a representative of the receiving facility or transporter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-13 - Annual reporting requirement for used oil transporters and processors/re-refiners

Current through June, 2024
(a) Each used oil
				transporter shall submit an annual report for the twelve-month period ending
				June 30. The report shall be submitted to the director not later than July 31
				of each year. The report shall be completed on forms furnished by the director
				and shall contain the following information concerning used oil activities:
(1) The EPA identification number, name, and
				address of the used oil transporter.
(2) The quantity of used oil picked
				up.
(3) The quantities of used oil
				delivered to:
(A) Another used oil
				transporter;
(B) A used oil
				processing/re-refining facility;
(C) An off-specification used oil
				burner;
(D) An on-specification
				used oil burner; and
(E) A disposal
				facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Section 11-279.1-14 - Used oil and used oil fuel permitting system

Current through June, 2024
(a) No person shall
				own, operate, add, extend, or modify a used oil or used oil fuel transportation
				or processing/re-refining facility or used oil collection center without first
				obtaining a permit from the department, except as provided in subsection (b). A
				permit shall be issued in accordance with this section and part IV of chapter
				342J, HRS.
(b) Facilities exempted
				under section
				40
				C.F.R. section 279.40(a)(1) to
				(4), as incorporated and amended in this
				chapter, are not required to obtain a permit under this section. Used oil
				collection centers that collect oil exclusively from household
				"do-it-yourselfer" generators exempted from regulation by
				40
				C.F.R. section 279.20(a)(1),
				as incorporated and amended in this chapter, are not required to obtain a
				permit under this section.
(c)
				General requirements.
(1) An application for
				a used oil or used oil fuel permit shall be completed on forms furnished by the
				director.
(2) The applicant shall
				be the owner or operator of the facility. Each application shall contain the
				original signature of the applicant and shall constitute an acknowledgment that
				the applicant will assume responsibility for complying with this chapter and
				part IV of chapter 342J, HRS, with respect to the construction and operation of
				the facility. The application shall be signed by one of the following:
(A) In the case of a corporation, by a
				principal executive officer of at least the level of vice president;
(B) In the case of a partnership, by a
				general partner;
(C) In the case of
				a sole proprietorship, by the proprietor; or
(D) In the case of a county, state, or
				federal entity, by either a principal executive officer, ranking elected
				official, or other duly authorized employee.
(3) All permit applicants shall pay a permit
				filing fee as required by subsection (d)(8).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart B - Applicability › Section 11-279.10 - Applicability

Current through June, 2024
This section identifies those materials which are subject
						to regulation as used oil under this part. This section also identifies some
						materials that are not subject to regulation as used oil under this part, and
						indicates whether these materials may be subject to regulation as hazardous
						waste under parts 260 through 266, 268, 270, and 124 of this chapter.
(a) Used oil. [The] state department of
					 health presumes that used oil is to be recycled unless a used oil handler
					 disposes of used oil, or sends used oil for disposal. Except as provided in
					 §279.11, the regulations of this part apply to used oil, and to materials
					 identified in this section as being subject to regulation as used oil, whether
					 or not the used oil or material exhibits any characteristics of hazardous waste
					 identified in subpart C of part 261 of this chapter. For used oil sent for
					 disposal, a hazardous waste determination shall be made in accordance with
					 40 C.F.R. section
					 262.11, as incorporated and amended in
					 section 11-262.1-1.
(b) Mixtures of
					 used oil and hazardous waste-
(1) Listed
					 hazardous waste.
(i) Mixtures of used oil and
					 hazardous waste that is listed in subpart D of part 261 of this chapter are
					 subject to regulation as hazardous waste under parts 260 through 266, 268, 270,
					 and 124 of this chapter, rather than as used oil under this part.
(ii) Rebuttable presumption for used oil.
					 Used oil containing more than 1,000 ppm total halogens is presumed to be a
					 hazardous waste because it has been mixed with halogenated hazardous waste
					 listed in subpart D of part 261 of this chapter. Persons may rebut this
					 presumption by demonstrating that the used oil does not contain hazardous waste
					 (for example, by showing that the used oil does not contain significant
					 concentrations of halogenated hazardous constituents listed in appendix VIII of
					 part 261 of this chapter).
(A) The rebuttable
					 presumption does not apply to metalworking oils/fluids containing chlorinated
					 paraffins, if they are processed, through a tolling arrangement as described in
					 §279.24(c), to reclaim metalworking oils/fluids. The presumption does
					 apply to metalworking oils/fluids if such oils/fluids are recycled in any other
					 manner, or disposed.
(B) The
					 rebuttable presumption does not apply to used oils contaminated with
					 chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
					 destined for reclamation. The rebuttable presumption does apply to used oils
					 contaminated with CFCs that have been mixed with used oil from sources other
					 than refrigeration units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart B - Applicability › Section 11-279.11 - Used oil specifications

Current through June, 2024
Used oil burned for energy recovery, and any fuel
						produced from used oil by processing, blending, or other treatment, is subject
						to regulation under this part unless it is shown not to exceed any of the
						allowable levels of the constituents and properties shown in Table 1. Once used
						oil that is to be burned for energy recovery has been shown not to exceed any
						allowable level and the person making that showing complies with
						§§279.72, 279.73, and 279.74(b), the used oil is no longer subject to
						this part.
TABLE 1- USED OIL NOT EXCEEDING ANY ALLOWABLE LEVEL SHOWN
						BELOW IS NOT SUBJECT TO THIS PART WHEN BURNED FOR ENERGY
						RECOVERY1
Constituent/property
Allowable level
Arsenic
								  ...................................
5 ppm maximum.
Cadmium
								  ...............................
2 ppm maximum.
Chromium
								  ..............................
10 ppm maximum.
Lead
								  .......................................
100 ppm maximum.
Flash point
								  .............................
100 °F minimum.
Total halogens................
4,000 ppm
								  maximum.2
NOTE: Applicable standards for the burning of
								  used oil containing PCBs are imposed by
								  40 CFR
								  761.20(e).
1 The allowable levels do not
						apply to mixtures of used oil and hazardous waste that continue to be regulated
						as hazardous waste (see § 279.10(b)).
2 Used oil containing more
						than 1,000 ppm total halogens is presumed to be a hazardous waste under the
						rebuttable presumption provided under § 279.10(b)(1). Such used oil is
						subject to subpart H of part 266 of this chapter rather than this part when
						burned for energy recovery unless the presumption of mixing can be successfully
						rebutted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart B - Applicability › Section 11-279.12 - Prohibitions

Current through June, 2024
(a) Surface impoundment prohibition. Used oil
					 shall not be managed in surface impoundments or waste piles unless the units
					 are subject to regulation under parts 264 or 265 of this chapter.
(b) Use as a dust suppressant. The use of
					 used oil as a dust suppressant is prohibited.
(c) Burning in particular units.
					 Off-specification used oil fuel may be burned for energy recovery in only the
					 following devices:
(1) Industrial furnaces
					 identified in §260.10 of this chapter;
(2) Boilers, as defined in §260.10 of
					 this chapter, that are identified as follows:
(i) Industrial boilers located on the site of
					 a facility engaged in a manufacturing process where substances are transformed
					 into new products, including the component parts of products, by mechanical or
					 chemical processes;
(ii) Utility
					 boilers used to produce electric power, steam, heated or cooled air, or other
					 gases or fluids for sale; or
(iii)
					 Used oil-fired space heaters provided that the burner meets the provisions of
					 §279.23.
(3)
					 Hazardous waste incinerators subject to regulation under subpart O of parts 264
					 or 265 of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart C - Standards for Used Oil Generators › Section 11-279.20 - Applicability

Current through June, 2024
(a) General. Except as provided in paragraphs
					 (a)(1) through (a)(4) of this section, this subpart applies to all used oil
					 generators. A used oil generator is any person, by site, whose act or process
					 produces used oil or whose act first causes used oil to become subject to
					 regulation.
(1) Household "do-it-yourselfer"
					 used oil generators. Household "do-it-yourselfer" used oil generators are not
					 subject to regulation under this part.
(2) Vessels. Vessels at sea or at port are
					 not subject to this subpart. For purposes of this subpart, used oil produced on
					 vessels from normal shipboard operations is considered to be generated at the
					 time it is transported ashore. The owner or operator of the vessel and the
					 person(s) removing or accepting used oil from the vessel are co-generators of
					 the used oil and are both responsible for managing the waste in compliance with
					 this subpart once the used oil is transported ashore. The co-genenerators may
					 decide among them which party will fulfill the requirements of this
					 subpart.
(3) Diesel fuel. Mixtures
					 of used oil and diesel fuel mixed by the generator of the used oil for use in
					 the generator's own vehicles are not subject to this part once the used oil and
					 diesel fuel have been mixed. Prior to mixing, the used oil fuel is subject to
					 the requirements of this subpart.
(4) Farmers. Farmers who generate an average
					 of 25 gallons per month or less of used oil from vehicles or machinery used on
					 the farm in a calendar year are not subject to the requirements of this
					 part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart C - Standards for Used Oil Generators › Section 11-279.21 - Hazardous waste mixing

Current through June, 2024
(a) Mixtures of
					 used oil and hazardous waste must be managed in accordance with
					 §279.10(b).
(b) The rebuttable
					 presumption for used oil of §279.10(b)(1)(ii) applies to used oil managed
					 by generators. Under the rebuttable presumption for used oil of
					 §279.10(b)(1)(ii), used oil containing greater than 1,000 ppm total
					 halogens is presumed to be a hazardous waste and thus must be managed as
					 hazardous waste and not as used oil unless the presumption is rebutted.
					 However, the rebuttable presumption does not apply to certain metalworking
					 oils/fluids and certain used oils removed from refrigeration units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart C - Standards for Used Oil Generators › Section 11-279.22 - Used oil storage

Current through June, 2024
Used oil generators are subject to all applicable Spill
						Prevention, Control and Countermeasures ( 40 CFR part 112 ) in addition to the
						requirements of this Subpart. Used oil generators are also subject to the
						State's underground storage tank standards and any applicable federal standards
						for used oil stored in underground tanks whether or not the used oil exhibits
						any characteristics of hazardous waste, in addition to the requirements of this
						subpart.
(a) Storage units. Used oil
					 generators shall not store used oil in units other than tanks, containers, or
					 units subject to regulation under parts 264 or 265 of this chapter.
(b) Condition of units. Containers and
					 aboveground tanks used to store used oil at generator facilities must be:
(1) In good condition (no severe rusting,
					 apparent structural defects or deterioration);
(2) Not leaking (no visible leaks);
					 and
(3) Closed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart C - Standards for Used Oil Generators › Section 11-279.23 - On-site burning in space heaters

Current through June, 2024
Generators may burn used oil in used oil-fired space
						heaters provided that:
(a) The heater
					 burns only used oil that the owner or operator generates or used oil received
					 from household do-it-yourself used oil generators;
(b) The heater is designed to have a maximum
					 capacity of not more than 0.5 million Btu per hour; and
(c) The combustion gases from the heater are
					 vented to the ambient air.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart C - Standards for Used Oil Generators › Section 11-279.24 - Off-site shipments

Current through June, 2024
Except as provided in paragraphs (a) through (c) of this
						section, generators must ensure that their used oil is transported only by
						transporters who have obtained a State permit pursuant to section
						11-279.1-14.
(a) Self-transportation
					 of small amounts to approved collection centers. Generators may transport,
					 without an EPA identification number, used oil that is generated at the
					 generator's site and used oil collected from household do-it-yourselfers to a
					 used oil collection center provided that:
(1)
					 The generator transports the used oil in a vehicle owned by the generator or
					 owned by an employee of the generator;
(2) The generator transports no more than 55
					 gallons of used oil at any time; and
(3) The generator transports the used oil to
					 a used oil collection center that has obtained a state permit under section
					 11-279.1-14 to manage used oil.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart D - Standards for Used Oil Collection Centers and Aggregation Points › Section 11-279.30 - Do-it-yourselfer used oil collection centers

Current through June, 2024
(a) Applicability.
					 This section applies to owners or operators of all do-it-yourselfer (DIY) used
					 oil collection centers. A DIY used oil collection center is any site or
					 facility that accepts/aggregates and stores used oil collected only from
					 household do-it-yourselfers.
(b)
					 DIY used oil collection center requirements. Owners or operators of all DIY
					 used oil collection centers must comply with the generator standards in subpart
					 C of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart D - Standards for Used Oil Collection Centers and Aggregation Points › Section 11-279.31 - Used oil collection centers

Current through June, 2024
(a) Applicability.
					 This section applies to owners or operators of used oil collection centers. A
					 used oil collection center is any site or facility that accepts/aggregates and
					 stores used oil collected from used oil generators regulated under subpart C of
					 this part who bring used oil to the collection center in shipments of no more
					 than 55 gallons under the provisions of §279.24(a). Used oil collection
					 centers may also accept used oil from household do-it-yourselfers.
(b) Used oil collection center requirements.
					 Owners or operators of all used oil collection centers must:
(1) Comply with the generator standards in
					 subpart C of this part; and
(2)
					 Obtain a permit under section 11-279.1-14.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart D - Standards for Used Oil Collection Centers and Aggregation Points › Section 11-279.32 - Used oil aggregation points owned by the generator

Current through June, 2024
(a)
					 Applicability. This section applies to owners or operators of all used oil
					 aggregation points. A used oil aggregation point is any site or facility that
					 accepts, aggregates, and/or stores used oil collected only from other used oil
					 generation sites owned or operated by the owner or operator of the aggregation
					 point, from which used oil is transported to the aggregation point in shipments
					 of no more than 55 gallons under the provisions of §279.24(b). Used oil
					 aggregation points may also accept used oil from household
					 do-it-yourselfers.
(b) Used oil
					 aggregation point requirements. Owners or operators of all used oil aggregation
					 points must comply with the generator standards in subpart C of this
					 part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.40 - Applicability

Current through June, 2024
(a) General. Except as provided in paragraphs
					 (a)(1) through (a)(4) of this section, this subpart applies to all used oil
					 transporters. Used oil transporters are persons who transport used oil, persons
					 who collect used oil from more than one generator and transport the collected
					 oil, and owners and operators of used oil transfer facilities.
(1) This subpart does not apply to onsite
					 transportation.
(2) This subpart
					 does not apply to generators who transport shipments of used oil totalling 55
					 gallons or less from the generator to a used oil collection center as specified
					 in §279.24(a).
(3) This
					 subpart does not apply to generators who transport shipments of used oil
					 totalling 55 gallons or less from the generator to a used oil aggregation point
					 owned or operated by the same generator as specified in
					 §279.24(b).
(4) This subpart
					 does not apply to transportation of used oil from household do-it-yourselfers
					 to a regulated used oil generator, collection center, aggregation point,
					 processor/re-refiner, or burner subject to the requirements of this part.
					 Except as provided in paragraphs (a)(1) through (a)(3) of this section, this
					 subpart does, however, apply to transportation of collected household
					 do-it-yourselfer used oil from regulated used oil generators, collection
					 centers, aggregation points, or other facilities where household
					 do-it-yourselfer used oil is collected.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.41 - Restrictions on transporters who are not also processors or re-refiners

Current through June, 2024
(a) Used oil transporters may consolidate or
					 aggregate loads of used oil for purposes of transportation. However, except as
					 provided in paragraph (b) of this section, used oil transporters may not
					 process used oil unless they also comply with the requirements for
					 processors/re-refiners in subpart F of this part.
(b) Transporters may conduct incidental
					 processing operations that occur in the normal course of used oil
					 transportation (e.g., settling and water separation), but that are not designed
					 to produce (or make more amenable for production of) used oil derived products
					 unless they also comply with the processor/re-refiner requirements in subpart F
					 of this part.
(c) Transporters of
					 used oil that is removed from oil bearing electrical transformers and turbines
					 and filtered by the transporter or at a transfer facility prior to being
					 returned to its original use are not subject to the processor/re-refiner
					 requirements in subpart F of this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.42 - Notification

Current through June, 2024
(a) Identification numbers. Used oil
					 transporters who have not previously complied with the notification
					 requirements of section
					 342J-6.5, HRS must
					 comply with these requirements and obtain an EPA identification
					 number.
(b) Mechanics of
					 notification. A used oil transporter who has not received an EPA identification
					 number may obtain one by notifying the department of their used oil activity by
					 submitting a completed EPA Form 8700-12. To obtain EPA Form 8700-12, call the
					 department at (808) 586-4226.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.43 - Used oil transportation

Current through June, 2024
(a) Deliveries. A
					 used oil transporter must deliver all used oil received to:
(1) Another used oil transporter, provided
					 that the transporter has obtained a permit under section 11-279.1-14;
(2) A used oil processing/re-refining
					 facility who has obtained a permit under section 11-279.1-14;
(3) An off-specification used oil burner
					 facility who has obtained a permit pursuant to chapter
					 11-60.1 subchapter
					 4 or
					 5 that allows the burning of used oil;
					 or
(4) An on-specification used oil
					 burner facility who has obtained a permit pursuant to chapter
					 11-60.1 subchapter
					 4 or
					 5 that allows the burning of used
					 oil.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.44 - Rebuttable presumption for used oil

Current through June, 2024
(a) To ensure that
					 used oil is not a hazardous waste under the rebuttable presumption of
					 §279.10(b)(1)(ii), the used oil transporter must determine whether the
					 total halogen content of used oil being transported or stored at a transfer
					 facility is above or below 1,000 ppm.
(b) The transporter must make this
					 determination by testing the used oil by analytical or field test.
(c) If the used oil contains greater than or
					 equal to 1,000 ppm total halogens, it is presumed to be a hazardous waste
					 because it has been mixed with halogenated hazardous waste listed in subpart D
					 of part 261 of this chapter. The owner or operator may rebut the presumption by
					 demonstrating that the used oil does not contain hazardous waste (for example,
					 by showing that the used oil does not contain significant concentrations of
					 halogenated hazardous constituents listed in appendix VIII of part 261 of this
					 chapter).
(1) The rebuttable presumption does
					 not apply to metalworking oils/fluids containing chlorinated paraffins, if they
					 are processed, through a tolling arrangement as described in §279.24(c),
					 to reclaim metalworking oils/fluids. The presumption does apply to metalworking
					 oils/fluids if such oils/fluids are recycled in any other manner, or
					 disposed.
(2) The rebuttable
					 presumption does not apply to used oils contaminated with chlorofluorocarbons
					 (CFCs) removed from refrigeration units if the CFCs are destined for
					 reclamation. The rebuttable presumption does apply to used oils contaminated
					 with CFCs that have been mixed with used oil from sources other than
					 refrigeration units.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.45 - Used oil storage at transfer facilities

Current through June, 2024
Used oil transporters are subject to all applicable Spill
						Prevention, Control and Countermeasures ( 40 CFR part 112 ) in addition to the
						requirements of this subpart. Used oil transporters are also subject to the
						State's underground storage tank standards and any applicable federal standards
						for used oil stored in underground tanks whether or not the used oil exhibits
						any characteristics of hazardous waste, in addition to the requirements of this
						subpart.
(a) Applicability. This
					 section applies to used oil transfer facilities. Used oil transfer facilities
					 are transportation related facilities including loading docks, parking areas,
					 storage areas, and other areas where shipments of used oil are held for more
					 than 24 hours during the normal course of transportation and not longer than 35
					 days. Transfer facilities that store used oil for more than 35 days are subject
					 to regulation under subpart F of this part.
(b) Storage units. Owners or operators of
					 used oil transfer facilities may not store used oil in units other than tanks,
					 containers, or units subject to regulation under parts 264 or 265 of this
					 chapter.
(c) Condition of units.
					 Containers and aboveground tanks used to store used oil at transfer facilities
					 must be:
(1) In good condition (no severe
					 rusting, apparent structural defects or deterioration);
(2) Not leaking (no visible leaks);
					 and
(3) Closed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.46 - Tracking

Current through June, 2024
(a) Acceptance. Used oil transporters must
					 keep a record of each used oil shipment accepted for transport. Records for
					 each shipment must include:
(1) The name and
					 address of the generator, transporter, or processor/re-refiner who provided the
					 used oil for transport;
(2) The EPA
					 identification number (if applicable) of the generator, transporter, or
					 processor/re-refiner who provided the used oil for transport;
(3) The quantity of used oil
					 accepted;
(4) The date of
					 acceptance; and
(5)
(i) Except as provided in paragraph
					 (a)(5)(ii) of this section, the signature, dated upon receipt of the used oil,
					 of a representative of the generator, transporter, or processor/re-refiner who
					 provided the used oil for transport.
(ii) Intermediate rail transporters are not
					 required to sign the record of acceptance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart E - Standards for Used Oil Transporter and Transfer Facilities › Section 11-279.47 - Management of residues

Current through June, 2024
Transporters who generate residues from the storage or
						transport of used oil must manage the residues as specified in
						§279.10(e).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart F - Standards for Used Oil Processors and Re-Refiners › Section 11-279.50 - Applicability

Current through June, 2024
(a) The requirements of this subpart apply to
					 owners and operators of facilities that process used oil. Processing means
					 chemical or physical operations designed to produce from used oil, or to make
					 used oil more amenable for production of, fuel oils, lubricants, or other used
					 oil-derived products. Processing includes, but is not limited to: blending used
					 oil with virgin petroleum products, blending used oils to meet the fuel
					 specification, filtration, simple distillation, chemical or physical separation
					 and rerefining. The requirements of this subpart do not apply to:
(1) Transporters that conduct incidental
					 processing operations that occur during the normal course of transportation as
					 provided in §279.41; or
(2)
					 Burners that conduct incidental processing operations that occur during the
					 normal course of used oil management prior to burning as provided in
					 §279.61(b).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart F - Standards for Used Oil Processors and Re-Refiners › Section 11-279.51 - Notification

Current through June, 2024
(a) Identification numbers. Used oil
					 processors and re-refiners who have not previously complied with the
					 notification requirements of section
					 342J-6.5, HRS must
					 comply with these requirements and obtain an EPA identification
					 number.
(b) Mechanics of
					 notification. A used oil processor/re-refiner who has not received an EPA
					 identification number may obtain one by notifying the department of their used
					 oil activity by submitting a completed EPA Form 8700-12. To obtain EPA Form
					 8700-12, call the department at (808) 586-4226.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 279.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF USED OIL › Part 279 - STANDARDS FOR THE MANAGEMENT OF USED OIL › Subpart F - Standards for Used Oil Processors and Re-Refiners › Section 11-279.53 - Rebuttable presumption for used oil

Current through June, 2024
(a) To ensure that
					 used oil managed at a processing/re-refining facility is not hazardous waste
					 under the rebuttable presumption of §279.10(b)(1)(ii), the owner or
					 operator of a used oil processing/re-refining facility must determine whether
					 the total halogen content of used oil managed at the facility is above or below
					 1,000 ppm.
(b) The owner or
					 operator must make this determination by testing the used oil by analytical or
					 field test.
(c) If the used oil
					 contains greater than or equal to 1,000 ppm total halogens, it is presumed to
					 be a hazardous waste because it has been mixed with halogenated hazardous waste
					 listed in subpart D of part 261 of this chapter. The owner or operator may
					 rebut the presumption by demonstrating that the used oil does not contain
					 hazardous waste (for example, by showing that the used oil does not contain
					 significant concentrations of halogenated hazardous constituents listed in
					 appendix VIII of part 261 of this chapter).
(1) The rebuttable presumption does not apply
					 to metalworking oils/fluids containing chlorinated paraffins, if they are
					 processed, through a tolling agreement, to reclaim metalworking oils/fluids.
					 The presumption does apply to metalworking oils/fluids if such oils/fluids are
					 recycled in any other manner, or disposed.
(2) The rebuttable presumption does not apply
					 to used oils contaminated with chlorofluorocarbons (CFCs) removed from
					 refrigeration units where the CFCs are destined for reclamation. The rebuttable
					 presumption does apply to used oils contaminated with CFCs that have been mixed
					 with used oil from sources other than refrigeration units.