Hawaii Administrative Code

Notes Haw. Code R. § 11-260-1 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.1) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-10 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.10) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-11 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.11) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-2 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.2) Repealed 7/17/2017

Notes Haw. Code R. §§ 11-260-20 to 11-260-39 Repealed 7/17/2017

Notes Haw. Code R. § 11-260-3 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.3) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-40 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.40) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-41 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.41) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-42 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §260.22) Repealed 7/17/2017

Notes Haw. Code R. § 11-260-50 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: None) Repealed 7/17/2017

Title 40, part 260 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-260.1-2 to 11-260.1-5. Notes Haw. Co…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 260, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

(a) The incorporation by reference of 40 C.F.R. section 260.1 is amended as follows: 40 C.F.R. section 260.1(b)(5) and (6) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 260.2 is amended as follows: (1) In 40 C.F.R. section 260.2(a), inser…

(a) The incorporation by reference of 40 C.F.R. section 260.10 is amended as follows: (1) The following definitions are excluded from incorporation: "AES filing compliance date", "Carbon dioxide stream", "Cathode ray tube or CRT", "CRT collector", "CRT exporter", "CRT glass manuf…

(a) The incorporation by reference of 40 C.F.R. section 260.20 is amended as follows: (1) In 40 C.F.R. section 260.20(a), delete 'Section 260.21 sets forth additional requirements for petitions to add a testing or analytical method to part 261, 264 or 265 of this chapter. Section…

(a) This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under chapters 11-262 through 11-280 and which are subject to the notification requirements of HRS section 342J-6.5. The definitions in chapter 11-260 apply to this chapter. In this…

(a) The director shall identify and define a characteristic of hazardous waste in subchapter C only upon determining that: (1) A solid waste that exhibits the characteristic may: (i) Cause, or significantly contribute to, an increase in mortality or an increase in serious irrever…

(a) The director shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria: (1) It exhibits any of the characteristics of hazardous waste identified in subchapter C. (2) It has been found to be fatal to humans in …

(a) (1) A "solid waste" is any discarded material that is not excluded by subsection 11-261-4(a). (2) A "discarded material" is any material which is: (i) "Abandoned," as explained in subsection (b); or (ii) "Recycled," as explained in subsection (c); or (iii) Considered "inheren…

(a) A solid waste, as defined in section 11-261-2, which is not excluded from regulation as a hazardous waste under subsection 11-261-4(b), is a hazardous waste if it exhibits any of the characteristics identified in this subchapter. [Comment: Section 11-262-11 sets forth the gen…

(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties: (1) It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has flash point less than 60°C (140°…

(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties: (1) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040 in "…

(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties: (1) It is normally unstable and readily undergoes violent change without detonating. (2) It reacts violently with water. (3) It forms potential…

(a) A solid waste exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 11-260-11,…

(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 iden…

(a) A solid waste is a hazardous waste if it is listed in this subchapter. (b) The director will indicate his basis for listing the classes or types of wastes listed in this subchapter by employing one or more of the following Hazard Codes: Ignitable Waste........ (I) Corrosive W…

(a) The following solid wastes are listed hazardous wastes from non-specific sources. Industry and EPA hazard-ous waste No. Hazardous waste Hazard code Generic: F001 The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chl…

The following solid wastes are listed hazardous wastes from specific sources. Industry and EPA hazardous waste No. Hazardous waste Hazard code Wood preservation: K001 Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or …

The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in subparagraph 11-261-2(a)(2)(i), when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road t…

Notes Haw. Code R. § 11-261-34

(a) Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of paragraphs (b) and (c). These wastes may, however, continue to…

(a) Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this chapter: (1) (i) Domestic sewage; and (ii) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works for tre…

Appendices I, II, III, VII and VIII to 40 CFR Part 261, revised as of May 25, 1998, are made a part of this chapter. These Appendices are entitled: Appendix I - Representative Sampling Methods Appendix II - Method 1311 Toxicity Characteristic Leaching Procedure (TCLP) Appendix II…

(a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than one-hundred kilograms of hazardous waste in that month. (b) Except for those wastes identified in paragraphs (e), (f), (g), and (j), a conditionally exempt small qu…

(a) (1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of subsections (b) and (c), except for the materials listed in paragraphs (a)(2) and (a)(3). Hazardous wastes that are recycled will be known as "recycl…

(a) (1) Any hazardous waste remaining in either (i) an empty container or (ii) an inner liner removed from an empty container, as defined in subsection (b), is not subject to regulation under chapters 11-261 through 11-265, or chapter 11-268, 11-270 or 11-271 or to the notificati…

The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under 40 CFR Part 761 and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only…

The wastes listed in this section are exempt from regulation under chapters 11-262 through 11-270 except as specified in chapter 11-273 and, therefore are not fully regulated as hazardous waste. The wastes listed in this section are subject to regulation under chapter 11-273: (a)…

Title 40, part 261 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-261.1-2 to 11-261.1-32. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 261.142 is amended as follows: in 40 C.F.R. section 261.142(a)(3) and (4), replace "§ 265.5113(d) of this chapter" with "40 C.F.R. section 265.113(d), as incorporated and amended in section 11-265.1-1". (b) The incorporation…

Notes Haw. Code R. § 11-261.1-11 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 261.196 is amended as follows: in the first note to 40 C.F.R. section 261.196, replace "RCRA section 7003 (a)" with "section 342J-8, HRS". (b) The incorporation by reference of 40 C.F.R. section 261.197 is amended as follows…

Notes Haw. Code R. §§ 11-261.1-13 to 11-261.1-14 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 4 0 C.F.R. section 261.400 is amended as follows: (1) In 40 C.F.R. section 261.400(a), delete ", or an intermediate or reclamation facility operating under a verified recycler variance under § 260.31(d),". (2) In 40 C.F.R. section 261.400(b),…

Notes Haw. Code R. §§ 11-261.1-16 to 11-261.1-28 Reserved 7/17/2017 Reserved 6/25/2020

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 261, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

(a) The incorporation by reference of 40 C.F.R. section 261.1033 is amended as follows: (1) In 40 C.F.R. section 264.1033(n)(1)(i), insert "or a state hazardous waste permit under chapter 11-270.1 which implements the requirements of 40 C.F.R. part 264, subpart X, as incorporated…