Hawaii Administrative Code

The incorporation by reference of 40 C.F.R. section 265.301 is amended as follows: in 40 C.F.R. section 265.30l(d)(2)(i)(C), replace "RCRA 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-265.1-16 [Eff 7/17/20177] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp:…

The incorporation by reference of 40 C.F.R. section 265.340 is amended as follows: replace 40 C.F.R. section 265.340(b)(2) in its entirety to read: "(2) The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirem…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 265, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "applicable EPA Regional Administrator", "Assistant Administrat…

The incorporation by reference of 40 C.F.R. part 265, subpart R is amended as follows: replace 40 C.F.R. section 265.430 in its entirety to read: "§265.430 Applicability Underground injection of hazardous waste is prohibited in the State of Hawaii." Notes Haw. Code R. § 11-265.1-…

The incorporation by reference of 40 C.F.R. section 265.440 is amended as follows: in 40 C.F.R. section 265.440(a), replace "December 6, 1990" with "December 6, 1990 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads". Replace "December 24, 1992" with "December 24, 1992 …

(a) The incorporation by reference of 40 C.F.R. section 265.1030 is amended as follows: 40 C.F.R. section 265.1030(c) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1033 is amended as follows: (1) In 40 C.F.R. section 265.1033(a)(2)(ii…

(a) The incorporation by reference of 40 C.F.R. section 265.1050 is amended as follows: 40 C.F.R. section 265.1050(f) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1060 is amended as follows: in 40 C.F.R. section 265.1060 (b)(3), dele…

(a) The incorporation by reference of 40 C.F.R. section 265.1080 is amended as follows: (1) In 40 C.F.R. section 265.1080(b)(5), insert "section 342J-36, HRS;" after "CERCLA authorities; ". (2) In 40 C.F.R. section 265.1080(c)(1) and (2), replace "when the permit is reissued" wit…

The incorporation by reference of 40 C.F.R. section 265.1100 is amended as follows: in the introductory paragraph, replace "RCRA section 3004(k)" with "40 C.F.R. section 268.2(c), as incorporated and amended in section 11-268.1-1". Notes Haw. Code R. § 11-265.1-25 [Eff 7/17/2017]…

(a) The incorporation by reference of 40 C.F.R. section 265.1 is amended as follows: (1) In 40 C.F.R. section 265.1(a), replace "national standards" with "state standards ". (2) In 40 C.F.R. section 265.1(b), replace 'section 3005 RCRA" with "section 342J-5, HRS, ". Replace "faci…

(a) The incorporation by reference of 40 C.F.R. section 265.11 is amended as follows: replace "in accordance with the EPA notification procedures (45 FR 12746)" with "using EPA form 8700-12". (b) The incorporation by reference of 40 C.F.R. section 265.12 is amended as follows: ad…

The incorporation by reference of 40 C.F.R. section 265.56 is amended as follows: in 40 C.F.R. section 265.56(d)(2), replace "either the government official designated as the on scene coordinator for that geographical area, or" with "the government official designated as the on-s…

(a) The incorporation by reference of 40 C.F.R. section 265.70 is amended as follows: 40 C.F.R. section 265.70(b) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.71 is amended as follows: the comment in 40 C.F.R. section 265.71(c) is ex…

The incorporation by reference of 40 C.F.R. section 265.90 is amended as follows: in section 40 C.F.R. section 265.90(d)(1), replace "develop" with "submit to the director". Notes Haw. Code R. § 11-265.1-8 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS…

(a) The incorporation by reference of 40 C.F.R. section 265.113 is amended as follows: 40 C.F.R. section 265.113(e)(7)(v) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.116 is amended as follows: replace "local zoning authority" with "…

All references in tables and appendices to provisions of the code of federal regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rul…

(a) The regulations of this subchapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 11-260-10) irrespective of the purpose of burning or processing, except as provided by subsections (b), (c), (d), and (f) of this section. …

(a) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to chapter 11-262. (b) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to chapter 11-263. (c) Storage facilities. …

(a) Applicability. (1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status must comply with the requirements of this section and sections 11-270-22 and 11-270-66, unless exempt under the small quantity bu…

(a) Purpose, scope, applicability.-- (1) General. (i) The purpose of this section is to establish minimum State standards for owners and operators of "existing" boilers and industrial furnaces that have achieved RCRA interim status on the effective date of this chapter and burn h…

(a) DRE standard. (1) General. Except as provided in paragraph (a)(3), a boiler or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99 percent for all organic hazardous constituents in the waste feed. To demonstrate conforma…

(a) A boiler or industrial furnace burning hazardous waste may not emit particulate matter in excess of one-hundred and eighty milligrams per dry standard cubic meter (0.08 grains per dry standard cubic foot) after correction to a stack gas concentration of seven percent oxygen, …

(a) General. The owner or operator must comply with the metals standards provided by subsection (b), (c), (d), (e), or (f) for each metal listed in subsection (b) that is present in the hazardous waste at detectable levels using analytical procedures specified in Test Methods for…

(a) General. The owner or operator must comply with the hydrogen chloride (HCl) and chlorine (Cl2) controls provided by subsection (b), (c), or (e). (b) Screening limits --- (1) Tier I feed rate screening limits. Feed rate screening limits are specified for total chlorine in Appe…

(a) Exempt quantities. Owners and operators of facilities that burn hazardous waste in an on-site boiler or industrial furnace are exempt from the requirements of this subchapter provided that: (1) The quantity of hazardous waste burned in a device for a calendar month does not e…

(a) Waiver of DRE standard. The DRE standard of subsection 11-266-104(a) does not apply if the boiler or industrial furnace is operated in conformance with paragraph (a)(1) of this section and the owner or operator demonstrates by procedures prescribed in paragraph (a)(2) of this…

Boilers that operate under the special requirements of this section, and that do not burn hazardous waste containing (or derived from) EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, or F027, are considered to be in conformance with the DRE standard of subsection 11-266-10…

(a) Applicability. The regulations in this section apply to owners and operators of boilers and industrial furnaces subject to section 11-266-102 or 11-266-103 if hazardous waste is directly transferred from a transport vehicle to a boiler or industrial furnace without the use of…

A residue derived from the burning or processing of hazardous waste in a boiler or industrial furnace is not excluded from the definition of a hazardous waste under paragraph 11-261-4(b)(4), (7), or (8) unless the device and the owner or operator meet the following requirements: …

(a) The rules of this subchapter apply to recyclable materials that are applied to or placed on the land: (1) Without mixing with any other substance(s); or (2) After mixing or combination with any other substance(s). These materials will be referred to throughout this subchapter…

(a) The regulations in this subchapter identify when military munitions become a solid waste, and, if these wastes are also hazardous under this subchapter or chapter 11-261, the management standards that apply to these wastes. (b) Unless otherwise specified in this subchapter, a…

In addition to the definitions in section 11-260-10, the following definitions apply to this subchapter: "Active range" means a military range that is currently in service and is being regularly used for range activities. "Chemical agents and munitions" are defined as in 50 U.S.C…

(a) A military munition is not a solid waste when: (1) Used for its intended purpose, including: (i) Use in training military personnel or explosives and munitions emergency response specialists (including training in proper destruction of unused propellant or other munitions); o…

(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in transportation. (1) Waste military munitions that are being transported and that exhibit a hazardous waste characteristic or are listed as hazardous waste under chapter 11-261, are listed or i…

Explosives and munitions emergencies involving military munitions or explosives are subject to sections 11-262-10(i), 11-263-10(e), 11-264-1(g) (8), 11-265-1(c) (11), and 11-270-1(c) (3), or alternatively to section 11-270-61. Notes Haw. Code R. § 11-266-204 [Eff 3/13/99; comp] (…

(a) Criteria for hazardous waste regulation of waste non-chemical military munitions in storage. (1) Waste military munitions in storage that exhibit a hazardous waste characteristic or are listed as hazardous waste under chapter 11-261, are listed or identified as a hazardous wa…

The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in chapters 11-260 through 11-270. Notes Haw. Code R. § 11-266-206 [Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C…

Generators and transporters of materials that are used in a manner that constitutes disposal are subject to the applicable requirements of chapters 11-262 and 11-263, and the notification requirement under HRS section 342J-6.5. Notes Haw. Code R. § 11-266-21 [Eff 6/18/94; comp] (…

Owners or operators of facilities that store recyclable materials that are to be used in a manner that constitutes disposal, but who are not the ultimate users of the materials, are regulated under all applicable provisions of subchapters A through L of chapters 11-264 and 11-265…

(a) Owners or operators of facilities that use recyclable materials in a manner that constitutes disposal are regulated under all applicable provisions of subchapters A through N of chapters 11-264 and 11-265, and chapters 11-268, 11-270 and 11-271 and the notification requiremen…

Appendices I through XII to 40 CFR Part 266, revised as of May 25, 1998, are made a part of this chapter. These Appendices are entitled: Appendix I - Tier I and Tier II Feed Rate and Emissions Screening Limits for Metals Appendix II - Tier I Feed Rate Screening Limits For Total C…

(a) The rules of this subchapter apply to recyclable materials that are reclaimed to recover economically significant amounts of gold, silver, platinum, paladium, irridium, osmium, rhodium, ruthenium, or any combination of these. (b) Persons who generate, transport, or store recy…

(a) The rules of this subchapter apply to persons who reclaim (including regeneration) spent lead-acid batteries that are recyclable materials ("spent batteries'')- Persons who generate, transport, or collect spent batteries, who regenerate spent batteries, or who store spent bat…

Title 40, part 266 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 11-266.1-2 to 11-266.1-18. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 266.100 is amended as follows: in 40 C.F.R. section 266.100(c)(3), replace "conditionally exempt small quantity generators under §261.5 of this chapter" with "very small quantity generators under 40 C.F.R. section 262.14, as…

The incorporation by reference of 40 C.F.R. section 266.202 is amended as follows: in 40 C.F.R. section 266.202(d), replace "RCRA section 1004(27)" with "section 342J-2, HRS" and delete "RCRA" before "corrective action". Replace "sections 3004(u) and (v), and 3008(h)" with "RCRA …

The incorporation by reference of 40 C.F.R. section 266.255 is amended as follows: in 40 C.F.R. section 266.255(a), replace "40 CFR parts 260 through 271," with "chapters 11-260.1 to 11-270.1,". Notes Haw. Code R. § 11-266.1-16 Reserved 6/25/2020 [Eff 6/7/2021] (Auth: HRS §§ 342J…