Hawaii Administrative Code

40 C.F.R. part 261 appendix IX is excluded from the incorporation by reference of 40 C.F.R. part 261. Notes Haw. Code R. § 11-261.1-32 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021…

The incorporation by reference of 40 C.F.R. section 261.11 is amended as follows: (1) In 40 C.F.R. section 261.11(b), replace "section 1004(5) of the Act" with "section 342J-2, HRS". (2) In 40 C.F.R. section 261.11(c), replace "§261.5(c)" with "40 C.F.R. section 262.13, as incorp…

Notes Haw. Code R. § 11-261.1-5 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 261.30 is amended as follows: (1) In 40 C.F.R. section 261.30(a), delete "under §§260.20 and 260.22". (2) In 40 C.F.R. section 261.30(c), delete "267,". (3) In 40 C.F.R. section 261.30(d), replace "subject to the exclusion l…

40 C.F.R. part 261, subpart E is excluded from the incorporation by reference of 40 C.F.R. part 261. Notes Haw. Code R. § 11-261.1-7 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (IMP: HRS §§ 342J-4, 342J-31, 342J-35) Am and Comp 9/30/2018 Am and comp 6/25/2020 Am and c…

Notes Haw. Code R. §§ 11-261.1-8 to 11-261.1-9 Reserved 7/17/2017 Reserved 6/25/2020

(a) This chapter establishes standards for generators of hazardous waste. Chapters 11-260 through 11-280 govern hazardous waste management in the State. Reference to the other chapters may be necessary, specifically chapters 11-260 and 11-261 which are essential for defining term…

The Appendix to 40 CFR Part 262, revised as of May 25, 1998, entitled "Uniform Hazardous Waste Manifest and Instructions (EPA Forms 8700-22 and 8700-22A and Their Instructions)" is made a part of this chapter. Notes Haw. Code R. § 11-262-100 [Eff 3/13/99; comp] (Auth: HRS §§ 342J…

A person who generates a solid waste, as defined in section 11-261-2, must determine if that waste is a hazardous waste using the following method: (a) He should first determine if the waste is excluded from regulation under section 11-261-4. (b) He must then determine if the was…

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the Administrator or the director. (b) A generator who has not received an EPA identification number may obtain one…

(a) A generator who transports, or offers for transportation, hazardous waste for offsite treatment, storage, or disposal must prepare a Manifest OMB control number 2050-0039 on EPA form 8700-22, and, if necessary, EPA form 8700-22A, according to the instructions included in the …

(a) If the state to which the shipment is manifested (consignment state) supplies the manifest and requires its use, then the generator must use that manifest. (b) If the consignment state does not supply the manifest, then the generator must use the State's manifest. (c) [Reserv…

The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator. Notes Haw. Code R. § 11-262-22 [E…

(a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the handwritten signature of the initial transporter and date of acceptance on the manifest; and (3) Retain one copy, in accordance with subsection 11-262-40(a). (b) The generator must give the tr…

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable United States Department of Transportation (DOT) regulations on packaging under 49 CFR Parts 173, 178, and 179. Notes …

Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172. Notes Haw. Code R. § 11-262-31 [Eff 6/18/…

(a) Before transporting or offering hazardous waste for transportation off-site, a generator must mark each package of hazardous waste in accordance with the applicable U.S. Department of Transportation regulations on hazardous materials under 49 CFR Part 172; (b) Before transpor…

Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to U.S. Department of Transportation regulations for hazardous materials under 49 CFR Part 172…

(a) Except as provided in subsections (d), (e), and (f), a generator may accumulate hazardous waste on-site for ninety days or less without a permit or without having interim status, provided that: (1) The waste is placed: (i) In containers and the generator complies with subchap…

(a) A generator must keep a copy of each manifest signed in accordance with subsection 11-262-23(a) for three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years fro…

(a) A generator who ships any hazardous waste off-site to a treatment, storage or disposal facility within the United States must prepare and submit a single copy of a Biennial Report to the director by March 1 of each even numbered year. The Biennial Report must be submitted on …

(a) (1) A generator of greater than one-thousand kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within thirty-five days of the date the waste was accep…

The director, as he deems necessary under HRS section 342J-6, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in chapter 11-261. Notes Haw. Code R. § 11-262-43 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, …

A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month is subject only to the following requirements in this subchapter: (a) Subsections 11-262-40(a), (c), and (d), recordkeeping; (b) Subsection 11-262-42(b), exception report…

This subchapter establishes requirements applicable to exports of hazardous waste. Except to the extent section 11-262-58 provides otherwise, a primary exporter of hazardous waste must comply with the special requirements of this subchapter and a transporter transporting hazardou…

In addition to the definitions set forth at section 11-260-10, the following definitions apply to this subchapter: "Consignee" means the ultimate treatment, storage or disposal facility in a receiving country to which the hazardous waste will be sent. "EPA Acknowledgement of Cons…

Exports of hazardous waste are prohibited except in compliance with the applicable requirements of this subchapter and chapter 11-263. Exports of hazardous waste are prohibited unless: (a) Notification in accordance with section 11-262-53 has been provided; (b) The receiving coun…

(a) A primary exporter of hazardous waste must notify EPA of an intended export before such waste is scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off site. This notification…

A primary exporter must comply with the manifest requirements of sections 11-262-20 through 11-262-23 except that: (a) In lieu of the name, site address and EPA identification number of the designated permitted facility, the primary exporter must enter the name and site address o…

In lieu of the requirements of section 11-262-42, a primary exporter must file an exception report with the Administrator if: (a) He has not received a copy of the manifest signed by the transporter stating the date and place of departure from the United States within forty-five …

(a) Primary exporters of hazardous waste shall file with the Administrator no later than March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. Such reports shall inc…

(a) For all exports a primary exporter must: (1) Keep a copy of each notification of intent to export for a period of at least three years from the date the hazardous waste was accepted by the initial transporter; (2) Keep a copy of each EPA Acknowledgment of Consent for a period…

(a) Any person who exports or imports hazardous waste subject to the federal manifest requirements of 40 CFR Part 262, or subject to the universal waste management standards of 40 CFR Part 273, or subject to chapter 11-273, to or from designated member countries of the Organizati…

(a) Any person who imports hazardous waste from a foreign country into the United States must comply with the requirements of this chapter and the special requirements of this subchapter. (b) When importing hazardous waste, a person must meet all the requirements of subsection 11…

(a) Any person who imports hazardous waste from any state into the State must comply with subsection 11-262-20(a) and submit the following information in writing to the director within thirty days after the waste has arrived in the State: (1) The date the waste arrived in the Sta…

A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in this chapter or other standards in chapters 11-264, 11-265, 11-268, or 11-270 for those wastes provided he triple rinses each emptied pesticide conta…

(a) The requirements of this subchapter apply to imports and exports of wastes that are considered hazardous under United States national procedures and are destined for recovery operations in the countries listed in section 11-262-58(a)(1). A waste is considered hazardous under …

The following definitions apply to this subchapter. (a) "Competent authorities" means the regulatory authorities of concerned countries having jurisdiction over transfrontier movements of wastes destined for recovery operations. (b) "Concerned countries" means the exporting and i…

(a) Scope. The level of control for exports and imports of waste is indicated by assignment of the waste to a green, amber, or red list and by United States national procedures as defined in section 11-262-80(a). The green, amber, and red lists are incorporated by reference in se…

(a) Applicability. Consent must be obtained from the competent authorities of the relevant OECD importing and transit countries prior to exporting hazardous waste destined for recovery operations subject to this subchapter. Hazardous wastes subject to amber-list controls are subj…

(a) All United States parties subject to the contract provisions of section 11-262-85 must ensure that a tracking document meeting the conditions of section 11-262-84(b) accompanies each transfrontier shipment of wastes subject to amber-list or red-list controls from the initiati…

(a) Transfrontier movements of hazardous wastes subject to amber or red control procedures are prohibited unless they occur under the terms of a valid written contract, chain of contracts, or equivalent arrangements (when the movement occurs between parties controlled by the same…

(a) A recognized trader who takes physical custody of a waste and conducts recovery operations (including storage prior to recovery) is acting as the owner or operator of a recovery facility and must be so authorized in accordance with all applicable federal laws. (b) A recognize…

(a) Annual reports. For all waste movements subject to this subchapter, persons (e.g., notifiers, recognized traders) who meet the definition of primary exporter in section 11-262-51 shall file an annual report with the Office of Enforcement and Compliance Assurance, Office of Co…

Notes Haw. Code R. § 11-262-88

(a) General. For the purposes of this subchapter, a waste is considered hazardous under United States national procedures, and hence subject to this subchapter, if the waste: (1) Meets the federal definition of hazardous waste in 40 CFR 261.3; and (2) Is subject to either the fed…

Title 40, part 262 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 11-262.1-2 to 11-262.1-15. Notes Haw. C…