Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 268.1 - HAZARDOUS WASTE MANAGEMENT: LAND DISPOSAL RESTRICTIONS › Part 268 - LAND DISPOSAL RESTRICTIONS › Subpart A - General › Section 11-268.7 - Testing, tracking, and recordkeeping requirements for generators, reverse distributors, treaters, and disposal facilities

Current through June, 2024
(a)
					 Requirements for generators and reverse distributors:
(1) A generator of hazardous waste must
					 determine if the waste has to be treated before it can be land disposed. This
					 is done by determining if the hazardous waste meets the treatment standards in
					 § 268.40, 268.45, or § 268.49. This determination can be made
					 concurrently with the hazardous waste determination required in § 262.11
					 of this chapter, in either of two ways: testing the waste or using knowledge of
					 the waste. If the generator tests the waste, testing would normally determine
					 the total concentration of hazardous constituents, or the concentration of
					 hazardous constituents in an extract of the waste obtained using test method
					 1311 in "Test Methods of Evaluating Solid Waste, Physical/Chemical Methods,"
					 EPA Publication SW-846, (incorporated by reference, see § 260.11 of this
					 chapter), depending on whether the treatment standard for the waste is
					 expressed as a total concentration or concentration of hazardous constituent in
					 the waste's extract. (Alternatively, the generator must send the waste to a
					 RCRA-permitted hazardous waste treatment facility, where the waste treatment
					 facility must comply with the requirements of § 264.13 of this chapter and
					 paragraph (b) of this section.) In addition, some hazardous wastes must be
					 treated by particular treatment methods before they can be land disposed and
					 some soils are contaminated by such hazardous wastes. These treatment standards
					 are also found in § 268.40, and are described in detail in § 268.42,
					 Table 1. These wastes, and soils contaminated with such wastes, do not need to
					 be tested (however, if they are in a waste mixture, other wastes with
					 concentration level treatment standards would have to be tested). If a
					 generator determines they are managing a waste or soil contaminated with a
					 waste, that displays a hazardous characteristic of ignitability, corrosivity,
					 reactivity, or toxicity, they must comply with the special requirements of
					 § 268.9 of this part in addition to any applicable requirements in this
					 section.
(2) If the waste or
					 contaminated soil does not meet the treatment standards, or if the generator
					 chooses not to make the determination of whether his waste must be treated,
					 with the initial shipment of waste to each treatment or storage facility, the
					 generator must send a one-time written notice to each treatment or storage
					 facility receiving the waste, and place a copy in the file. The notice must
					 include the information in column "268.7(a)(2)" of the Generator Paperwork
					 Requirements Table in paragraph (a)(4) of this section. (Alternatively, if the
					 generator chooses not to make the determination of whether the waste must be
					 treated, the notification must include the EPA Hazardous Waste Numbers and
					 Manifest Number of the first shipment and must state "This hazardous waste may
					 or may not be subject to the LDR treatment standards. The treatment facility
					 must make the determination.") No further notification is necessary until such
					 time that the waste or facility change, in which case a new notification must
					 be sent and a copy placed in the generator's file.
(3) If the waste or contaminated soil meets
					 the treatment standard at the original point of generation:
(i) With the initial shipment of waste to
					 each treatment, storage, or disposal facility, the generator must send a
					 one-time written notice to each treatment, storage, or disposal facility
					 receiving the waste, and place a copy in the file. The notice must include the
					 information indicated in column "268.7(a)(3)" of the Generator Paperwork
					 Requirements Table in § 268.7(a)(4) and the following certification
					 statement, signed by an authorized representative: "I certify under penalty of
					 law that I personally have examined and am familiar with the waste through
					 analysis and testing or through knowledge of the waste to support this
					 certification that the waste complies with the treatment standards specified in
					 40 CFR part 268 subpart D. I believe that the information I submitted is true,
					 accurate, and complete. I am aware that there are significant penalties for
					 submitting a false certification, including the possibility of a fine and
					 imprisonment."
(ii) For
					 contaminated soil, with the initial shipment of wastes to each treatment,
					 storage, or disposal facility, the generator must send a one-time written
					 notice to each facility receiving the waste and place a copy in the file. The
					 notice must include the information in column "268.7(a)(3)" of the Generator
					 Paperwork Requirements Table in § 268.7(a)(4).
(iii) If the waste changes, the generator
					 must send a new notice and certification to the receiving facility, and place a
					 copy in their files. Generators of hazardous debris excluded from the
					 definition of hazardous waste under § 261.3(f) of this chapter are not
					 subject to these requirements.
(4) For reporting, tracking, and
					 recordkeeping when exceptions allow certain wastes or contaminated soil that do
					 not meet the treatment standards to be land disposed: There are certain
					 exemptions from the requirement that hazardous wastes or contaminated soil meet
					 treatment standards before they can be land disposed. These include, but are
					 not limited to case-by-case extensions under § 268.5 [federal], disposal
					 in a no-migration unit under § 268.6 [federal], or a national capacity
					 variance or case-by-case capacity variance under subpart C of this part. If a
					 generator's waste is so exempt, then with the initial shipment of waste, the
					 generator must send a one-time written notice to each land disposal facility
					 receiving the waste. The notice must include the information indicated in
					 column "268.7(a)(4)" of the Generator Paperwork Requirements Table below. If
					 the waste changes, the generator must send a new notice to the receiving
					 facility, and place a copy in their files.
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(5) If a generator is managing and treating
					 prohibited waste or contaminated soil in tanks, containers, or containment
					 buildings regulated under
					 40
					 CFR 262.15,
					 262.16,
					 and
					 262.17
					 to meet applicable LDR treatment standards found at § 268.40, the
					 generator must develop and follow a written waste analysis plan which describes
					 the procedures they will carry out to comply with the treatment standards.
					 (Generators treating hazardous debris under the alternative treatment standards
					 of Table 1 to § 268.45, however, are not subject to these waste analysis
					 requirements.) The plan must be kept on site in the generator's records, and
					 the following requirements must be met:
(i)
					 The waste analysis plan must be based on a detailed chemical and physical
					 analysis of a representative sample of the prohibited waste(s) being treated,
					 and contain all information necessary to treat the waste(s) in accordance with
					 the requirements of this part, including the selected testing
					 frequency.
(ii) Such plan must be
					 kept in the facility's on-site files and made available to
					 inspectors.
(iii) Wastes shipped
					 off-site pursuant to this paragraph must comply with the notification
					 requirements of § 268.7(a)(3).
(6) If a generator determines that the waste
					 or contaminated soil is restricted based solely on his knowledge of the waste,
					 all supporting data used to make this determination must be retained on-site in
					 the generator's files. If a generator determines that the waste is restricted
					 based on testing this waste or an extract developed using the test method 1311
					 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
					 Publication SW-846, as referenced in § 260.11 of this chapter, and all
					 waste analysis data must be retained on-site in the generator's
					 files.
(7) If a generator
					 determines that he is managing a prohibited waste that is excluded from the
					 definition of hazardous or solid waste or is exempted from Subtitle C
					 regulation under
					 40 CFR
					 261.2 through
					 261.6
					 subsequent to the point of generation (including deactivated characteristic
					 hazardous wastes managed in wastewater treatment systems subject to the Clean
					 Water Act (CWA) as specified at
					 40
					 CFR 261.4(a)(2) or that are
					 CWA-equivalent, or are managed in an underground injection well regulated by
					 the SDWA), he must place a one-time notice describing such generation,
					 subsequent exclusion from the definition of hazardous or solid waste or
					 exemption from RCRA Subtitle C regulation, and the disposition of the waste, in
					 the facility's on-site files.
(8)
					 Generators must retain on-site a copy of all notices, certifications, waste
					 analysis data, and other documentation produced pursuant to this section for at
					 least three years from the date that the waste that is the subject of such
					 documentation was last sent to on-site or off-site treatment, storage, or
					 disposal. The three year record retention period is automatically extended
					 during the course of any unresolved enforcement action regarding the regulated
					 activity or as requested by the director. The requirements of this paragraph
					 apply to solid wastes even when the hazardous characteristic is removed prior
					 to disposal, or when the waste is excluded from the definition of hazardous or
					 solid waste under
					 40 CFR
					 261.2 through
					 261.6,
					 or exempted from Subtitle C regulation, subsequent to the point of
					 generation.
(9) If a generator is
					 managing a lab pack containing hazardous wastes and wishes to use the
					 alternative treatment standard for lab packs found at § 268.42(c):
(i) With the initial shipment of waste to a
					 treatment facility, the generator must submit a notice that provides the
					 information in column "§ 268.7(a)(9)" in the Generator Paperwork
					 Requirements Table of paragraph (a)(4) of this section, and the following
					 certification. The certification, which must be signed by an authorized
					 representative and must be placed in the generator's files, must say the
					 following: "I certify under penalty of law that I personally have examined and
					 am familiar with the waste and that the lab pack contains only wastes that have
					 not been excluded under appendix IV to 40 CFR part 268 and that this lab pack
					 will be sent to a combustion facility in compliance with the alternative
					 treatment standards for lab packs at
					 40 CFR
					 268.42(c). I am aware that
					 there are significant penalties for submitting a false certification, including
					 the possibility of fine or imprisonment."
(ii) No further notification is necessary
					 until such time that the wastes in the lab pack change, or the receiving
					 facility changes, in which case a new notice and certification must be sent and
					 a copy placed in the generator's file.
(iii) If the lab pack contains characteristic
					 hazardous wastes (D001-D043, excluding D009), underlying hazardous constituents
					 (as defined in § 268.2(i)) need not be determined.
(iv) The generator must also comply with the
					 requirements in paragraphs (a)(6) and (a)(7) of this section.
(10) Small quantity generators
					 with tolling agreements pursuant to
					 40 CFR
					 262.20(e) must comply with
					 the applicable notification and certification requirements of paragraph (a) of
					 this section for the initial shipment of the waste subject to the agreement.
					 Such generators must retain on-site a copy of the notification and
					 certification, together with the tolling agreement, for at least three years
					 after termination or expiration of the agreement. The three-year record
					 retention period is automatically extended during the course of any unresolved
					 enforcement action regarding the regulated activity or as requested by the
					 director.