Hawaii Administrative Code

(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…

Notes Haw. Code R. §§ 11-266.1-11 to 11-266.1-14 Reserved 7/17/2017 Reserved 6/25/2020

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…

Notes Haw. Code R. § 11-266.1-17 Reserved 6/25/2020

(a) The incorporation by reference of the heading of 40 C.F.R. part 266, subpart Pis amended as follows: insert "and Hazardous Waste Electronic Nicotine Delivery Systems" at the end of the heading. (b) The incorporation by reference of 40 C.F.R. section 266.500 is amended as foll…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 266, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "appropriate EPA Regional Administrator", "Assistant Administra…

Notes Haw. Code R. §§ 11-266.1-3 to 11-266.1-4 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 266.22 is amended as follows: replace the comma between "264" and "265" with "and" and delete "and 267,". (b) The incorporation by reference of 40 C.F.R. section 266.23 is amended as follows: in 40 C.F.R. section 266.23(a), …

Notes Haw. Code R. §§ 11-266.1-6 to 11-266.1-7 Reserved 7/17/2017 Reserved 6/25/2020

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,…

Notes Haw. Code R. §§ 11-268-10 through 11-268-29

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…

Notes Haw. Code R. § 11-268-32 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.32)

(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…

Notes Haw. Code R. § 11-268-34 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.34)

Notes Haw. Code R. § 11-268-35 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.35)

Notes Haw. Code R. § 11-268-36 [Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.36)

(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…