Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261 - HAZARDOUS WASTE MANAGEMENT IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Subchapter A - GENERAL › Section 11-261-3 - Definition of hazardous waste

Current through June, 2024
(a) A solid waste,
				  as defined in section 11-261-2, is a hazardous waste if:
(1) It is not excluded from regulation as a
				  hazardous waste under subsection 11-261-4(b); and
(2) It meets any of the following criteria:
(i) It exhibits any of the characteristics of
				  hazardous waste identified in subchapter C except that any mixture of a waste
				  from the extraction, beneficiation, and processing of ores and minerals
				  excluded under subsection 11-261-4(b)(7) and any other solid waste exhibiting a
				  characteristic of hazardous waste under subchapter C only if it exhibits a
				  characteristic that would not have been exhibited by the excluded waste alone
				  if such mixture had not occurred or if it continues to exhibit any of the
				  characteristics exhibited by the non-excluded wastes prior to mixture. Further,
				  for the purposes of applying the Toxicity Characteristic to such mixtures, the
				  mixture is also a hazardous waste if it exceeds the maximum concentration for
				  any contaminant listed in table I to section 11-261-24 that would not have been
				  exceeded by the excluded waste alone if the mixture had not occurred or if it
				  continues to exceed the maximum concentration for any contaminant exceeded by
				  the nonexempt waste prior to mixture.
(ii) It is listed in subchapter D.
(iii) It is a mixture of a solid waste and a
				  hazardous waste that is listed in subchapter D solely because it exhibits one
				  or more of the characteristics of hazardous waste identified in subchapter C,
				  unless the resultant mixture no longer exhibits any characteristic of hazardous
				  waste identified in subchapter C, or unless the solid waste is excluded from
				  regulation under paragraph 11-261-4(b)(7) and the resultant mixture no longer
				  exhibits any characteristic of hazardous waste identified in subchapter C for
				  which the hazardous waste listed in subchapter D was listed. (However,
				  nonwastewater mixtures are still subject to the requirements of chapter
				  11-268, even if they no longer exhibit
				  a characteristic at the point of land disposal).
(iv) It is a mixture of solid waste and one
				  or more hazardous wastes listed in subchapter D; however, the following
				  mixtures of solid wastes and hazardous wastes listed in subchapter D are not
				  hazardous wastes (except by application of subparagraphs (a)(2)(i) or (ii) of
				  this section) if the generator can demonstrate that the mixture consists of
				  wastewater the discharge of which is subject to regulation under either section
				  402 or section 307(b) of the Federal Clean Water Act (including wastewater at
				  facilities which have eliminated the discharge of wastewater) and:
(A) One or more of the following solvents
				  listed in section 11-261-31 -- carbon tetrachloride, tetrachloroethylene,
				  trichloroethylene --provided, that the maximum total weekly usage of these
				  solvents (other than the amounts that can be demonstrated not to be discharged
				  to wastewater) divided by the average weekly flow of wastewater into the
				  headworks of the facility's wastewater treatment or pre-treatment system does
				  not exceed 1 part per million; or
(B) One or more of the following spent
				  solvents listed in section 11-261-31 -- methylene chloride,
				  1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic
				  acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol,
				  pyridine, spent chlorofluorocarbon solvents -- provided that the maximum total
				  weekly usage of these solvents (other than the amounts that can be demonstrated
				  not to be discharged to wastewater) divided by the average weekly flow of
				  wastewater into the headworks of the facility's wastewater treatment or
				  pre-treatment system does not exceed 25 parts per million; or
(C) One of the following wastes listed in
				  section 11-261-32 -- heat exchanger bundle cleaning sludge from the petroleum
				  refining industry (EPA Hazardous Waste No. K050); or
(D) A discarded commercial chemical product,
				  or chemical intermediate listed in section 11-261-33, arising from de minimis
				  losses of these materials from manufacturing operations in which these
				  materials are used as raw materials or are produced in the manufacturing
				  process. For purposes of this clause (a)(2)(iv)(D), "de minimis" losses include
				  those from normal material handling operations (e.g., spills from the unloading
				  or transfer of materials from bins or other containers, leaks from pipes,
				  valves or other devices used to transfer materials); minor leaks of process
				  equipment, storage tanks or containers; leaks from well-maintained pump
				  packings and seals; sample purgings; relief device discharges; discharges from
				  safety showers and rinsing and cleaning of personal safety equipment; and
				  rinsate from empty containers or from containers that are rendered empty by
				  that rinsing; or
(E) Wastewater
				  resulting from laboratory operations containing toxic (T) wastes listed in
				  subchapter D, provided, that the annualized average flow of laboratory
				  wastewater does not exceed one percent of total wastewater flow into the
				  headworks of the facility's wastewater treatment or pre-treatment system, or
				  provided the wastes, combined annualized average concentration does not exceed
				  one part per million in the headworks of the facility's wastewater treatment or
				  pre-treatment facility. Toxic (T) wastes used in laboratories that are
				  demonstrated not to be discharged to wastewater are not to be included in this
				  calculation; or
(F) One or more of
				  the following wastes listed in section 11-261-32 --wastewaters from the
				  production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
				  K157)--Provided that the maximum weekly usage of formaldehyde, methyl chloride,
				  methylene chloride, and triethylamine (including all amounts that can not be
				  demonstrated to be reacted in the process, destroyed through treatment, or is
				  recovered, i.e., what is discharged or volatilized) divided by the average
				  weekly flow of process wastewater prior to any dilutions into the headworks of
				  the facility's wastewater treatment system does not exceed a total of 5 parts
				  per million by weight; or
(G)
				  Wastewaters derived from the treatment of one or more of the following wastes
				  listed in section 11-261-32 --organic waste (including heavy ends, still
				  bottoms, light ends, spent solvents, filtrates, and decantates) from the
				  production of carbamates and carbamoyl oximes (EPA Hazardous Waste No.
				  K156).--Provided, that the maximum concentration of formaldehyde, methyl
				  chloride, methylene chloride, and triethylamine prior to any dilutions into the
				  headworks of the facility's wastewater treatment system does not exceed a total
				  of 5 milligrams per liter.
(v) Rebuttable presumption for used oil. Used
				  oil containing more than 1000 ppm total halogens is presumed to be a hazardous
				  waste because it has been mixed with halogenated hazardous waste listed in
				  subchapter D of chapter 11-261. Persons may rebut this presumption by
				  demonstrating that the used oil does not contain hazardous waste (for example,
				  by using an analytical method from SW-846, Third Edition, to show that the used
				  oil does not contain significant concentrations of halogenated hazardous
				  constituents listed in appendix VIII of chapter 11-261). EPA Publication
				  SW-846, Third Edition, is available for the cost of $110.00 from the Government
				  printing Office, Superintendent of Documents, PO Box 371954, Pittsburgh, PA
				  15250-7954. [202-783-3238 ] 202-512-1800 (document number 955-001-00000-1 ).
(A) The rebuttable presumption does not apply
				  to metalworking oils/fluids containing chlorinated paraffins, if they are
				  processed, through a tolling agreement, to reclaim metalworking oil/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.