Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 262.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE › Subpart A - General › Section 11-262.14 - Conditions for exemption for a very small quantity generator

Current through June, 2024
(a) Provided that the very small quantity
				  generator meets all the conditions for exemption listed in this section,
				  hazardous waste generated by the very small quantity generator is not subject
				  to the requirements of parts 124, 262 (except §§ 262.10 through
				  262.14) through 268, and 270 of this chapter, and the notification requirements
				  of section
				  342J-6.5, HRS and
				  the very small quantity generator may accumulate hazardous waste on site
				  without complying with such requirements. The conditions for exemption are as
				  follows:
(1) In a calendar month the very
				  small quantity generator generates less than or equal to the amounts specified
				  in the definition of ''very small quantity generator'' in § 260.10 of this
				  chapter;
(2) The very small
				  quantity generator complies with § 262.11(a) through (d);
(3) If the very small quantity generator
				  accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous
				  waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or
				  other debris resulting from the cleanup of a spill, into or on any land or
				  water, of any acute hazardous waste listed in §§261.31 or 261.33(e)
				  of this chapter, all quantities of that acute hazardous waste are subject to
				  the following additional conditions for exemption:
(i) Such waste is held on site for no more
				  than 90 days beginning on the date when the accumulated wastes exceed the
				  amounts provided above; and
(ii)
				  The conditions for exemption in § 262.17(a) through (g).
(4) If the very small quantity
				  generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of
				  non-acute hazardous waste, all quantities of that hazardous waste are subject
				  to the following additional conditions for exemption:
(i) Such waste is held on site for no more
				  than 180 days, or 270 days, if applicable, beginning on the date when the
				  accumulated waste exceed the amounts provided above;
(ii) The quantity of waste accumulated on
				  site never exceeds 6,000 kilograms (13,200 lbs); and
(iii) The conditions for exemption in §
				  262.16(b)(2) through (f).
(5) A very small quantity generator that
				  accumulates hazardous waste in amounts less than or equal to the limits in
				  paragraphs (a)(3) and (4) of this section must either treat or dispose of its
				  hazardous waste in an on-site facility or ensure delivery to an off-site
				  treatment, storage, or disposal facility, either of which, if located in the
				  U.S., is:
(i) Permitted under part 270 of this
				  chapter or subtitle C of RCRA;
(ii)
				  In interim status under parts 265 and 270 of this chapter or subtitle C of
				  RCRA;
(iii) Authorized to manage
				  hazardous waste by a state with a hazardous waste management program approved
				  under part 271 of this chapter;
(iv) Permitted, licensed, or registered by
				  the State or any state to manage municipal solid waste and, if managed in a
				  municipal solid waste landfill is subject to part 258 of this chapter or state
				  rules that correspond to 40 C.F.R. part 258 ;
(v) Permitted, licensed, or registered by the
				  State or any state to manage non-municipal non-hazardous waste and, if managed
				  in a non-municipal non-hazardous waste disposal unit, is subject to the
				  requirements in §§ 257.5 through 257.30 of this chapter or state
				  rules that correspond to
				  40
				  C.F.R. sections 257.5 to
				  257.30;
(vi) A facility which:
(A) Beneficially uses or reuses, or
				  legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use
				  or reuse, or legitimate recycling or reclamation;
(vii) For universal waste managed under part
				  273 of this chapter, a universal waste handler or destination facility subject
				  to the requirements of 40 C.F.R. part 273 or state rules that correspond to 40
				  C.F.R. part 273 ;
(viii) A large
				  quantity generator under the control of the same person as the very small
				  quantity generator, provided the following conditions are met:
(A) The very small quantity generator and the
				  large quantity generator are under the control of the same person as defined in
				  §260.10 of this chapter. ''Control,'' for the purposes of this section,
				  means the power to direct the policies of the generator, whether by the
				  ownership of stock, voting rights, or otherwise, except that contractors who
				  operate generator facilities on behalf of a different person as defined in
				  § 260.10 of this chapter shall not be deemed to ''control'' such
				  generators.
(B) The very small
				  quantity generator marks its container(s) of hazardous waste with:
(1) The words ''Hazardous Waste''
				  and
(2) An indication of the
				  hazards of the contents (examples include, but are not limited to, the
				  applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
				  reactive, toxic); hazard communication consistent with the Department of
				  Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
				  F (placarding); a hazard statement or pictogram consistent with the
				  Occupational Safety and Health Administration Hazard Communication Standard at
				  29 CFR
				  1910.1200; or a chemical hazard label
				  consistent with the National Fire Protection Association code
				  704).
(ix) A
				  reverse distributor (as defined in § 266.500), if the hazardous waste
				  pharmaceutical is a potentially creditable hazardous waste pharmaceutical
				  generated by a healthcare facility (as defined in § 266.500).
(x) A healthcare facility or electronic
				  nicotine delivery system retailer (as defined in § 266.500) that meets the
				  conditions in §§ 266.502(l) and 266.503(b), as applicable, to accept
				  non-creditable subpart P hazardous waste and potentially creditable hazardous
				  waste pharmaceuticals from an off-site healthcare facility or electronic
				  nicotine delivery system retailer that is a very small quantity
				  generator.
(xi) For airbag waste,
				  an airbag waste collection facility or a designated facility subject to the
				  requirements of
				  40
				  C.F.R. section 261.4(j) or
				  corresponding regulations of any authorized
				  state.