Hawaii Administrative Code

The incorporation by reference of 40 C.F.R. section 266.70 is amended as follows: in 40 C.F.R. section 266.70(d), delete "267,". Notes Haw. Code R. § 11-266.1-8 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-34, 342J-34.5, 342J-35) (Imp: HRS §§ 342J-4, 342J…

The incorporation by reference of 40 C.F.R. part 266, subpart G is amended by replacing 40 C.F.R. section 266.80 in its entirety to read: "§266.80 Applicability and requirements. The rules of this section apply to persons who handle spent lead-acid batteries that are recyclable m…

(a) This chapter identifies hazardous wastes that are restricted from land disposal and defines those limited circumstances under which an otherwise prohibited waste may continue to be land disposed. (b) Except as specifically provided otherwise in this chapter or chapter 11-261,…

When used in this chapter the following terms have the meanings given below: (a) "Halogenated organic compounds" or "HOCs" means those compounds having a carbon-halogen bond which are listed under appendix III to this chapter. (b) "Hazardous constituent" or "constituents" means t…

(a) Except as provided in subsection (b), no generator, transporter, handler, or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a restricted waste or the residual from treatment of a restricted waste as a substitute for adequate treatment …

(a) The following wastes are prohibited from land disposal: the wastes specified in chapter 11-261 as EPA Hazardous Waste numbers F032, F034, and F035. (b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil and debris contaminated with F032, F034…

(a) The dioxin-containinq wastes specified in section 11-261-31 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027, and F028, are prohibited from land disposal unless the following condition applies: (1) The F020 - F023 and F026 - F028 dioxin-containinq waste is conta…

(a) Effective November 4, 1998, the waste specified in section 11-261-32 as EPA Hazardous Waste Numbers K140, and in section 11-261-33 as EPA Hazardous Waste Number U408 are prohibited from land disposal. In addition, soils and debris contaminated with these wastes, radioactive w…

(a) The wastes specified in section 11-261-21 as D001 (and is not in the High TOC Ignitable Liquids Subcategory), and specified in section 11-261-22 as D002, that are managed in systems other than those whose discharge is regulated under the federal Clean Water Act (CWA), or that…

(a) Effective on the effective date of this section, the wastes specified in section 11-261-32 as EPA Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150, and K151 are prohibited from land disposal. In addition, debris contaminated with EPA Hazardous Wast…

(a) The wastes specified in section 11-261-32 as EPA Hazardous Waste numbers K156-159, and K161; and in section 11-261-33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364, U367, U372, U373, U387, U389, U394, U395, U404,…

(a) Wastes which are otherwise prohibited from land disposal under this chapter may be treated in a surface impoundment or series of impoundments provided that: (1) Treatment of such wastes occurs in the impoundments; (2) The following conditions are met: (i) Sampling and testing…

(a) A prohibited waste identified in the table "Treatment Standards for Hazardous Wastes" may be land disposed only if it meets the requirements found in the table. For each waste, the table identifies one of three types of treatment standard requirements: (1) All hazardous const…

For the requirements previously found in this section and for treatment standards in Table CCWE-Constituent Concentrations in Waste Extracts, refer to section 11-268-40. Notes Haw. Code R. § 11-268-41 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 4…

Note: For the requirements previously found in this section in Table 2-Technology-Based Standards By RCRA Waste Code, and Table 3-Technology-Based Standards for Specific Radioactive Hazardous Mixed Waste, refer to section 11-268-40. (a) The following wastes in paragraphs (a)(1) a…

For the requirements previously found in this section and for treatment standards in Table CCW-Constituent Concentrations in Wastes, refer to section 11-268-40. Notes Haw. Code R. § 11-268-43 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. …

(a) Treatment standards. Hazardous debris must be treated prior to land disposal as follows unless the department determines under paragraph 11-261-3(e)(2) that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment stan…

For the treatment standards previously found in this section, refer to section 11-268-40. Notes Haw. Code R. § 11-268-46 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.46)

(a) Table UTS identifies the hazardous constituents, along with the nonwastewater and wastewater treatment standard levels, that are used to regulate most prohibited hazardous wastes with numerical limits. For determining compliance with treatment standards for underlying hazardo…

(a) Except as provided in this section, the storage of hazardous wastes restricted from land disposal under subchapter C of this chapter or RCRA section 3004 (42 U.S.C. 6924) (1984) is prohibited, unless the following conditions are met: (1) A generator stores such wastes in tank…

An approval by EPA pursuant to 40 CFR 268.5 (procedures for case-by-case extensions to an effective date), 40 CFR 268.6 (petitions to allow land disposal of a waste prohibited under subpart C of 40 CFR Part 268), 40 CFR 268.42(b) (alternative treatment methods), or 40 CFR 268.44 …

Appendices I through VI, VIII, IX, and XI to 40 CFR Part 268, revised as of May 25, 1998, are made a part of this chapter. These Appendices are entitled: Appendix I - [Reserved] Appendix II - [Reserved] Appendix III - [Reserved] Appendix IV - Wastes Excluded From Lab Packs Under …

(a) Requirements for generators: (1) Determine if the waste has to be treated before being land disposed, as follows: A generator of a 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 …

(a) The initial generator of a solid waste must determine each EPA Hazardous Waste Number (waste code) applicable to the waste in order to determine the applicable treatment standards under subchapter D of this chapter. For purposes of chapter 11-268, the waste will carry the was…

Title 40, part 268 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 11-268.1-2 to 11-268.1-7. Notes Haw. Co…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 268, 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 268.1 is amended as follows: (1) In 40 C.F.R. section 268.1(f)(4), delete "and". (2) In 40 C.F.R. section 268.1(f)(5), replace the period at the end of the paragraph with a semicolon. (3) In 40 C.F.R. section 268.1(f), add a…

40 C.F.R. sections 268.42(b) and 268.44 are excluded from the incorporation by reference of 40 C.F.R. part 268. Notes Haw. Code R. § 11-268.1-6 [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…

The incorporation by reference of 40 C.F.R. section 268.50 is amended as follows: in 40 C.F.R. section 268.50(a)(4), insert "or electronic nicotine delivery system retailer" after each instance of "healthcare facility" and replace "hazardous waste pharmaceuticals" with "subpart P…

(a) Coverage. (1) These permit rules establish provisions for the hazardous waste permit program under HRS chapter 342J. (2) The rules in this chapter cover basic State permitting requirements, such as application requirements, standard permit conditions, and monitoring and repor…

(a) Permit application. Any person who is required to have a permit (including new applicants and permittees with expiring permits) shall complete, sign, and submit an application to the director as described in this section and sections 11-270-70 through 11-270-73. Persons curre…

Appendix I entitled "Application for a Hazardous Waste Permit - Part A (January 1990)," at the end of this chapter is made a part of this chapter. Notes Haw. Code R. § 11-270-101 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: None)

(a) Applications. All permit applications shall be signed as follows: (1) For a corporation: By a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: (i) A president, secretary, treasurer, or vice-president of the corporation in …

(a) In accordance with chapter 11-280, any information submitted to the department pursuant to these rules may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner described in the instructions, or, if there are no i…

Part A of the hazardous waste management permit application shall include the following information: (a) The activities conducted by the applicant which require it to obtain a permit under HRS chapter 342J. (b) Name, mailing address, and location, including latitude and longitude…

(a) Part B of the permit application consists of the general information requirements of this section, and the specific information requirements in sections 11-270-14 through 11-270-29 applicable to the facility. The Part B information requirements presented in sections 11-270-14…

Except as otherwise provided in section 11-264-170, owners or operators of facilities that store containers of hazardous waste must provide the following additional information: (a) A description of the containment system to demonstrate compliance with section 11-264-175. Show at…

Except as otherwise provided in section 11-264-190, owners and operators of facilities that use tanks to store or treat hazardous waste must provide the following additional information: (a) A written assessment that is reviewed and certified by an independent, qualified, registe…

Except as otherwise provided in section 11-264-1, owners and operators of facilities that store, treat or dispose of hazardous waste in surface impoundments must provide the following additional information: (a) A list of the hazardous wastes placed or to be placed in each surfac…

Except as otherwise provided in section 11-264-1, owners and operators of facilities that store or treat hazardous waste in waste piles must provide the following additional information: (a) A list of hazardous wastes placed or to be placed in each waste pile; (b) If an exemption…

Except as section 11-264-340 provides otherwise, owners and operators of facilities that incinerate hazardous waste must fulfill the requirements of subsection (a), (b), or (c) of this section. (a) When seeking an exemption under subsection 11-264-340(b) or (c) (Ignitable, corros…

The following definitions apply to chapters 11-270 and 11-271. Terms not defined in this section have the meaning given by HRS chapter 342J and chapter 11-260 of the Hawaii Administrative Rules. "Administrator" means the Administrator of the United States Environmental Protection…

Except as otherwise provided in section 11-264-1, owners and operators of facilities that use land treatment to dispose of hazardous waste must provide the following additional information: (a) A description of plans to conduct a treatment demonstration as required under section …

Except as otherwise provided in section 11-264-1, owners and operators of facilities that dispose of hazardous waste in landfills must provide the following additional information: (a) A list of the hazardous wastes placed or to be placed in each landfill or landfill cell; (b) De…

(a) Trial burns. (1) General. Except as provided below, owners and operators that are subject to the standards to control organic emissions provided by section 11-266-104, standards to control particulate matter provided by section 11-266-105, standards to control metals emission…

Except as otherwise provided in section 11-264-600, owners and operators of facilities that treat, store, or dispose of hazardous waste in miscellaneous units must provide the following additional information: (a) A detailed description of the unit being used or proposed for use,…

Except as otherwise provided in section 11-264-1, owners and operators of facilities that have process vents to which subchapter AA of chapter 11-264 applies must provide the following additional information: (a) For facilities that cannot install a closed-vent system and control…