Hawaii Administrative Code

This section identifies those materials which are subject to regulation as used oil under this chapter. This section also identifies some materials that are not subject to regulation as used oil under this chapter, and indicates whether these materials may be subject to regulatio…

Used oil burned for energy recovery, and any fuel produced from used oil by processing, blending, or other treatment, is subject to regulation under this chapter unless it is shown not to exceed any of the allowable levels of the constituents and properties in the specification s…

(a) Surface impoundment prohibition. Used oil shall not be managed in surface impoundments or waste piles unless the units are subject to regulation under chapter 11-264 or 11-265. (b) Use as a dust suppressant. The use of used oil as a dust suppressant is prohibited. (c) Burning…

(a) General. Except as provided in paragraphs (a)(1) through (a)(4), this subchapter applies to all used oil generators. A used oil generator is any person, by site, whose act or process produces used oil or whose act first causes used oil to become subject to regulation. (1) Hou…

(a) Mixtures of used oil and hazardous waste must be managed in accordance with section 11-279-10(b). (b) The rebuttable presumption for used oil of section 11-279-10(b)(1)(ii) applies to used oil managed by generators. Under the rebuttable presumption for used oil of section 11-…

Used oil generators are subject to all applicable federal Spill Prevention, Control and Countermeasures ( 40 CFR part 112) in addition to the requirements of this subchapter. Used oil generators are also subject to the State's underground storage tank standards and any applicable…

Generators may burn used oil in used oil-fired space heaters provided that: (a) The heater burns only used oil that the owner or operator generates or used oil received from household do-it-yourself used oil generators; (b) The heater is designed to have a maximum capacity of not…

Except as provided in subsections (a) through (c), generators must ensure that their used oil is transported only by transporters who have obtained EPA identification numbers and a State permit pursuant to section 11-279-90. (a) Self-transportation of small amounts to approved co…

(a) Applicability. This section applies to owners or operators of all do-it-yourselfer (DIY) used oil collection centers. A DIY used oil collection center is any site or facility that accepts/aggregates and stores used oil collected only from household do-it-yourselfers. (b) DIY …

(a) Applicability. This section applies to owners or operators of used oil collection centers. A used oil collection center is any site or facility that accepts/aggregates and stores used oil collected from used oil generators regulated under subchapter C who bring used oil to th…

(a) Applicability. This section applies to owners or operators of all used oil aggregation points. A used oil aggregation point is any site or facility that accepts, aggregates, and/or stores used oil collected only from other used oil generation sites owned or operated by the ow…

(a) General. Except as provided in paragraphs (a)(1) through (a)(4), this subchapter applies to all used oil transporters. Used oil transporters are persons who transport used oil, persons who collect used oil from more than one generator and transport the collected oil, and owne…

(a) Used oil transporters may consolidate or aggregate loads of used oil for purposes of transportation. However, except as provided in subsection (b), used oil transporters may not process used oil unless they also comply with the requirements for processors/re-refiners in subch…

(a) Identification numbers. Used oil transporters who have not previously complied with the notification requirements of section 342J-6.5, HRS must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil transporter who ha…

(a) Deliveries. A used oil transporter must deliver all used oil received to: (1) Another used oil transporter, provided that the transporter has obtained an EPA identification number; (2) A used oil processing/re-refining facility who has obtained an EPA identification number; (…

(a) To ensure that used oil is not a hazardous waste under the rebuttable presumption of section 11-279-10(b)(1)(ii), the used oil transporter must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 p…

Used oil transporters are subject to all applicable federal Spill Prevention, Control and Countermeasures ( 40 CFR part 112) in addition to the requirements of this subchapter. Used oil transporters are also subject to the State's underground storage tank rules and applicable fed…

(a) Acceptance. Used oil transporters must keep a record of each used oil shipment accepted for transport. Records for each shipment must include: (1) The name and address of the generator, transporter, or processor/re-refiner who provided the used oil for transport; (2) The EPA …

Transporters who generate residues from the storage or transport of used oil must manage the residues as specified in section 11-279-10(e). Notes Haw. Code R. § 11-279-47 [Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.47)

At a minimum, the permittee who is a transporter shall submit an annual report for the twelve-month period ending June 30. The report shall be submitted to the director not later than thirty days after June 30 of each year. The report shall detail the volume or weight of the inco…

(a) The requirements of this subchapter apply to owners and operators of facilities that process used oil. Processing means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used…

(a) Identification numbers. Used oil processors and re-refiners who have not previously complied with the notification requirements of section 342J-6.5, HRS must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil proc…

(a) Preparedness and prevention. Owners and operators of used oil processing and re-refining facilities must comply with the following requirements: (1) Maintenance and operation of facility. Facilities must be maintained and operated to minimize the possibility of a fire, explos…

(a) To ensure that used oil managed at a processing/re-refining facility is not hazardous waste under the rebuttable presumption of section 11-279-10(b)(1)(ii), the owner or operator of a used oil processing/re-refining facility must determine whether the total halogen content of…

Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and Countermeasures ( 40 CFR part 112) in addition to the requirements of this subchapter. Used oil processors/re-refiners are also subject to the State's underground storage tank rules and all…

Owners or operators of used oil processing and re-refining facilities must develop and follow a written analysis plan describing the procedures that will be used to comply with the analysis requirements of section 11-279-53 and, if applicable, section 11-279-72. The owner or oper…

(a) Acceptance. Used oil processors/re-refiners must keep a record of each used oil shipment accepted for processing/re-refining. These records may take the form of a log, invoice, manifest, bill of lading or other shipping documents. Records for each shipment must include the fo…

(a) Operating record. (1) The owner or operator must keep a written operating record at the facility. (2) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility; (i) Records and results of used oil…

Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used oil using a used oil transporter who has obtained an EPA identification number. Notes Haw. Code R. § 11-279-58 [Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §2…

Owners and operators who generate residues from the storage, processing, or re-refining of used oil must manage the residues as specified in section 11-279-10(e). Notes Haw. Code R. § 11-279-59 [Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.59)…

(a) General. The requirements of this subchapter apply to used oil burners except as specified in paragraphs (a)(1) and (a)(2). A used oil burner is a facility where used oil not meeting the specification requirements in section 11-279-11 is burned for energy recovery in devices …

(a) Off-specification used oil fuel may be burned for energy recovery in only the following devices: (1) Industrial furnaces identified in section 11-260-10; (2) Boilers, as defined in section 11-260-10, that are identified as follows: (i) Industrial boilers located on the site o…

(a) Identification numbers. Used oil burners which have not previously complied with the notification requirements of section 342J-6.5, HRS must comply with these requirements and obtain an EPA identification number. (b) Mechanics of notification. A used oil burner who has not re…

(a) To ensure that used oil managed at a used oil burner facility is not hazardous waste under the rebuttable presumption of section 11-279-10(b)(1)(ii), a used oil burner must determine whether the total halogen content of used oil managed at the facility is above or below 1,000…

Used oil burners are subject to all applicable Spill Prevention, Control and Countermeasures ( 40 CFR part 112) in addition to the requirements of this subchapter. Used oil burners are also subject to the State's underground storage tank rules and applicable federal underground s…

(a) Acceptance. Used oil burners must keep a record of each used oil shipment accepted for burning. These records may take the form of a log, invoice, manifest, bill of lading, or other shipping documents. Records for each shipment must include the following information: (1) The …

(a) Certification. Before a burner accepts the first shipment of off-specification used oil fuel from a generator, transporter, or processor/re-refiner, the burner must provide to the generator, transporter, or processor/re-refiner a one-time written and signed notice certifying …

Burners who generate residues from the storage or burning of used oil must manage the residues as specified in § 11-279-10(e). Notes Haw. Code R. § 11-279-67 [Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.67)

(a) Any person who conducts either of the following activities is subject to the requirements of this subchapter: (1) Directs a shipment of off-specification used oil from their facility to a used oil burner; or (2) First claims that used oil that is to be burned for energy recov…

A used oil fuel marketer may initiate a shipment of off-specification used oil only to a used oil burner who: (a) Has an EPA identification number; and (b) Burns the used oil in an industrial furnace or boiler identified in section 11-279-61(a). Notes Haw. Code R. § 11-279-71 [Ef…

(a) Analysis of used oil fuel. A generator, transporter, processor/re-refiner, or burner may determine that used oil that is to be burned for energy recovery meets the fuel specifications of section 11-279-11 by performing analyses or obtaining copies of analyses or other informa…

(a) Identification numbers. A used oil fuel marketer subject to the requirements of this subchapter who has not previously complied with the notification requirements of section 342J-6.5, HRS must comply with these requirements and obtain an EPA identification number. (b) A marke…

(a) Off-specification used oil delivery. Any used oil marketer who directs a shipment of off-specification used oil to a burner must keep a record of each shipment of used oil to a used oil burner. These records may take the form of a log, invoice, manifest, bill of lading or oth…

(a) Certification. Before a used oil generator, transporter, or processor/re-refiner directs the first shipment of off-specification used oil fuel to a burner, he or she must obtain a one-time written and signed notice from the burner certifying that: (1) The burner has notified …

At a minimum, the permittee shall submit an annual report for the twelve-month period ending June 30. The report shall be submitted to the director not later than thirty days after June 30 of each year. The report shall detail the volume or weight of the incoming used oil and the…

The requirements of this subchapter apply to all used oils that cannot be recycled and are therefore being disposed. Notes Haw. Code R. § 11-279-80 [Eff ] (Auth: HRS §§ 342J-4, 342J-31, 342J-35, 342J-52) (Imp: 40 C.F.R. §279.80)

(a) Disposal of hazardous used oils. Used oils that are identified as a hazardous waste and cannot be recycled in accordance with this chapter must be managed in accordance with the hazardous waste management requirements of chapters 11-260 through 11-266, 11-268, 11-270 and 11-2…