Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 265.1 - HAZARDOUS WASTE MANAGEMENT: INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Part 265 - INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Subpart A - General › Section 11-265.1 - Purpose, scope, and applicability

Current through June, 2024
(a) The purpose of
					 this part is to establish minimum state standards that define the acceptable
					 management of hazardous waste during the period of interim status and until
					 certification of final closure or, if the facility is subject to post-closure
					 requirements, until post-closure responsibilities are fulfilled.
(b) Except as provided in § 265.1080(b),
					 the standards of this part, and of
					 40 CFR
					 264.552,
					 264.553, and
					 264.554, apply to
					 owners and operators of facilities that treat, store or dispose of hazardous
					 waste who have fully complied with the requirements for interim status under
					 section 3005(e) of RCRA and § 270.10 of this chapter until either a permit
					 is issued under section
					 342J-5,
					 HRS, or until applicable part 265 closure and post-closure responsibilities are
					 fulfilled, and to those owners and operators of existing HWM facilities, as
					 defined in
					 40
					 C.F.R. section 260.10, as incorporated and
					 amended in section 11-260.1-1, who have failed to provide timely notification
					 as required by
					 42
					 U.S.C. section 6925(a) or
					 section 342J-6.5, HRS and/or failed to file Part A of the permit application as
					 required by
					 40 CFR 270.10(e)
					 and (g). These standards apply to all
					 treatment, storage and disposal of hazardous waste at these facilities after
					 the effective date of these regulations, except as specifically provided
					 otherwise in this part or part 261 of this chapter.
[Comment: As stated in section 3005(a) of RCRA, after the
						effective date of regulations under that section (i.e., parts 270 and 124 of
						this chapter), the treatment, storage and disposal of hazardous waste is
						prohibited except in accordance with a permit. Section 3005(e) of RCRA provides
						for the continued operation of an existing facility that meets certain
						conditions, until final administrative disposition of the owner's and
						operator's permit application is made.]
(c) The requirements of this part do not
					 apply to:
(1) A person disposing of hazardous
					 waste by means of ocean disposal subject to a permit issued under the Marine
					 Protection, Research, and Sanctuaries Act;
[Comment: These part 265 regulations do apply to the
						treatment or storage of hazardous waste before it is loaded onto an ocean
						vessel for incineration or disposal at sea, as provided in paragraph (b) of
						this section.]
(2)
					 [Reserved]
(3) The owner or
					 operator of a POTW which treats, stores, or disposes of hazardous waste;
[Comment: The owner or operator of a facility under
						paragraphs (c)(1) through (3) of this section is subject to the requirements of
						part 264 of this chapter to the extent they are included in a permit by rule
						granted to such a person under part 122 of this chapter, or are required by
						§ 144.14 of this chapter.]
(4) [excluded from incorporation]
(5) The owner or operator of a facility
					 permitted, licensed, or registered by the State to manage municipal or
					 industrial solid waste, if the only hazardous waste the facility treats,
					 stores, or disposes of is excluded from regulation under this part by §
					 262.14 of this chapter;
(6) The
					 owner or operator of a facility managing recyclable materials described in
					 § 261.6 (a)(2), (3), and (4) of this chapter (except to the extent they
					 are referred to in part 279 or subparts C, F, G, or H of part 266 of this
					 chapter).
(7) A generator
					 accumulating waste on-site in compliance with applicable conditions for
					 exemption in §§ 262.14 through 262.17 and subpart L of part 262 of
					 this chapter, except to the extent the requirements of this part are included
					 in those sections and subparts;
(8)
					 A farmer disposing of waste pesticides from his own use in compliance with
					 § 262.70 of this chapter; or
(9) The owner or operator of a totally
					 enclosed treatment facility, as defined in § 260.10.
(10) The owner or operator of an elementary
					 neutralization unit or a wastewater treatment unit as defined in § 260.10
					 of this chapter, provided that if the owner or operator is diluting hazardous
					 ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
					 § 268.40 of this chapter, Table Treatment Standards for Hazardous Wastes),
					 or reactive (D003) waste, to remove the characteristic before land disposal,
					 the owner/operator must comply with the requirements set out in §
					 265.17(b).
(11)
(i) Except as provided in paragraph
					 (c)(11)(ii) of this section, a person engaged in treatment or containment
					 activities during immediate response to any of the following situations:
(A) A discharge of a hazardous
					 waste;
(B) An imminent and
					 substantial threat of a discharge of a hazardous waste;
(C) A discharge of a material which, when
					 discharged, becomes a hazardous waste.
(D) An immediate threat to human health,
					 public safety, property, or the environment, from the known or suspected
					 presence of military munitions, other explosive material, or an explosive
					 device, as determined by an explosive or munitions emergency response
					 specialist as defined in
					 40
					 CFR 260.10.
(ii) An owner or operator of a facility
					 otherwise regulated by this part must comply with all applicable requirements
					 of subparts C and D.
(iii) Any
					 person who is covered by paragraph (c)(11)(i) of this section and who continues
					 or initiates hazardous waste treatment or containment activities after the
					 immediate response is over is subject to all applicable requirements of this
					 part and chapter
					 11-55 for those activities.
(iv) In the case of an explosives or
					 munitions emergency response, if a Federal, State, Tribal or local official
					 acting within the scope of his or her official responsibilities, or an
					 explosives or munitions emergency response specialist, determines that
					 immediate removal of the material or waste is necessary to protect human health
					 or the environment, that official or specialist may authorize the removal of
					 the material or waste by transporters who do not have EPA identification
					 numbers and without the preparation of a manifest. In the case of emergencies
					 involving military munitions, the responding military emergency response
					 specialist's organizational unit must retain records for three years
					 identifying the dates of the response, the responsible persons responding, the
					 type and description of material addressed, and its disposition.
(12) A transporter storing
					 manifested shipments of hazardous waste in containers meeting the requirements
					 of 40
					 CFR 262.30 at a transfer facility for a
					 period of ten days or less.
(13)
					 The addition of absorbent material to waste in a container (as defined in
					 § 260.10 of this chapter) or the addition of waste to the absorbent
					 material in a container provided that these actions occur at the time waste is
					 first placed in the containers; and §§ 265.17(b), 265.171, and
					 265.172 are complied with.
(14)
					 Universal waste handlers and universal waste transporters (as defined in
					 40
					 CFR 260.10) handling the wastes listed below.
					 These handlers are subject to regulation under 40 CFR part 273, when handling
					 the below listed universal wastes.
(i)
					 Batteries as described in
					 40 CFR
					 273.2;
(ii) Pesticides as described in § 273.3
					 of this chapter;
(iii)
					 Mercury-containing equipment as described in § 273.4 of this
					 chapter;
(iv) Lamps as described in
					 § 273.5 of this chapter;
(v)
					 Aerosol cans as described in § 273.6 of this chapter;
(vi) Electronic items as described in 40
					 C.F.R. section 273.6.1, as incorporated and amended in section 11-273.1-1;
					 and
(vii) Solar panels as described
					 in 40 C.F.R. section 273.6.2, as incorporated and amended in section
					 11-273.1-1.
(15)
					 [excluded from incorporation]
(16)
					 Reverse distributors accumulating potentially creditable hazardous waste
					 pharmaceuticals and evaluated hazardous waste pharmaceuticals, as defined in
					 § 266.500. Reverse distributors are subject to regulation under 40 CFR
					 part 266 subpart P in lieu of this part for the accumulation of potentially
					 creditable hazardous waste pharmaceuticals and evaluated hazardous waste
					 pharmaceuticals.