Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-5 - Amendments to the incorporation of 40 C.F.R. part 273, subpart C

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 273.32 is amended as follows:
				replace
				40
				C.F.R. section 273.32(b) in
				its entirety to read: "(b) This notification must include a completed EPA Form
				8700-12. To obtain EPA Form 8700-12, call the department at (808)
				586-4226."
(b) The incorporation by
				reference of
				40 C.F.R. section
				273.33 is amended as follows:
(1) In
				40 C.F.R. section
				273.33(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and
				(e)(4)(v) replace " 40 CFR parts 260 through
				272 " with "chapters
				11-260.1 to 11-270.1".
(2) In
				40 C.F.R. section
				273.33(e)(4)(vi), replace
				"or" with "and".
(3) Add a
				subsection (f) to read: "(f) Electronic items. A large quantity handler of
				universal waste must manage electronic items in a way that prevents releases of
				any universal waste or component of a universal waste to the environment, as
				follows:
(1) Electronic items shall be stored
				in:
(i) A building, with a permanent roof and
				floor, that is constructed and maintained to minimize breakage of electronic
				items and to prevent exposure of the electronic items to precipitation; or
(ii) A closed and secure container
				that is constructed and maintained to minimize breakage of electronic items and
				to prevent exposure of the electronic items to precipitation.
(2) All universal waste electronic
				items must be stored in a building or container meeting the requirements of
				paragraph (1) within 24 hours of being discarded.
(3) A large quantity handler of universal
				waste shall immediately clean up and place in a container any universal waste
				electronic item that shows evidence of leakage, spillage, or damage that could
				cause leakage under reasonably foreseeable conditions. The container shall be
				closed, structurally sound, and compatible with the contents of the electronic
				item, and shall lack evidence of leakage, spillage, or damage that could cause
				leakage under reasonably foreseeable conditions.
(4) A large quantity handler of universal
				waste may conduct the following activities:
(i) Sorting electronic items by
				type;
(ii) Mixing electronic item
				types in one container;
(iii)
				Removal of discreet assemblies that are typically removed by consumers for
				replacement during the normal operation of an electronic item (e.g., battery
				packs, ink cartridges). A universal waste handler shall conduct the removal of
				the discrete assemblies in the manner that is prescribed in the operating
				manual for the electronic item, or in a manner that would otherwise reasonably
				be employed during the normal operation of the electronic item; and
(iv) Removal of separable non-electronic
				pieces that are intended for assembly by retailers or consumers (e.g., monitor
				saucer, wall hanging bracket, cell phone case).
(5) A large quantity handler who generates
				other solid waste (e.g., battery packs, monitor saucers) as a result of the
				activities listed in paragraph (4) shall make a hazardous waste determination
				pursuant to
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1.
(i) If the waste exhibits
				a characteristic of hazardous waste, it is subject to all applicable
				requirements of chapters
				11-260.1 to 11-270.1. If the waste is
				another type of universal waste (e.g., a battery), it may be alternatively
				managed under this chapter. The handler is considered the generator of the
				waste and is subject to chapter 11-262.1.
(ii) If the waste is not hazardous, the
				handler may manage the waste in any way that is in compliance with applicable
				federal, state, and local solid waste regulations."
(4) Add a
				subsection (g) to read: "(g) Solar panels. A large quantity handler of
				universal waste must manage solar panels in a way that prevents releases of any
				universal waste or component of a universal waste to the environment, as
				follows:
(1) Solar panels shall be stored in
				a manner that prevents breakage and release of any constituent of a solar panel
				to the environment under reasonably foreseeable conditions. A container or
				other method of storage (e.g., stretch-film wrapped panels on a pallet) used
				must prevent breakage, leakage, spillage, or damage that could cause leakage
				under reasonably foreseeable conditions. Intact solar panels need not be
				contained to meet this standard.
(2) A large quantity handler of universal
				waste shall immediately clean up and place in a container any universal waste
				solar panel that shows evidence of leakage, spillage, or damage that could
				cause leakage under reasonably foreseeable conditions. The container shall be
				closed, structurally sound, and compatible with the contents of the solar
				panel, and shall lack evidence of leakage, spillage, or damage that could cause
				leakage under reasonably foreseeable conditions.
(3) A large quantity handler of universal
				waste may conduct the following activities:
(i) Sorting solar panels by type;
(ii) Mixing solar panel types in one
				container, on one pallet, or in one demarcated storage area;
(iii) Removal of ancillary components that
				are typically removed for replacement during the normal operation and
				maintenance of a solar photovoltaic system (e.g., connectors, junction boxes,
				batteries, inverters). A universal waste handler shall conduct the removal of
				the ancillary components in the manner that is prescribed in the operating
				manual for the solar photovoltaic system, or in a manner that would otherwise
				reasonably be employed during the normal operation and maintenance of the solar
				photovoltaic system.
(4)
				A large quantity handler who generates other solid waste (e.g., batteries,
				inverters) as a result of the activities listed in paragraph (3) shall make a
				hazardous waste determination pursuant to
				40 C.F.R. section
				262.11, as incorporated and amended in
				section 11-262.1-1.
(i) If the waste exhibits
				a characteristic of hazardous waste, it is subject to all applicable
				requirements of chapters 11-260.1 to 11-270.1.
(ii) If the waste is another type of
				universal waste (e.g., a battery, an electronic item), it may be alternatively
				managed under this chapter. The handler is considered the generator of the
				waste and is subject to applicable requirements of chapter 11-262.1 and this
				chapter.
(iii) If the waste is not
				hazardous, the handler may manage the waste in any way that is in compliance
				with applicable federal, state, and local solid waste regulations."