Hawaii Administrative Code

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…

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…

Notes Haw. Code R. §§ 11-268.1-4 to 11-268.1-5 Reserved 7/17/2017 Reserved 6/25/2020

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…

Title 40, part 270 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2020, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-270.1-2 to 11-270.1-12. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 270.80 is amended as follows: in 40 C.F.R. section 270.80(c), replace "RCRA Permit under RCRA section 3005(c)" with "State hazardous waste permit under section 342J-5, HRS". (b) The incorporation by reference of 40 C.F.R. se…

Notes Haw. Code R. § 11-270.1-11 Reserved 7/17/2017 Reserved 6/25/2020

40 C.F.R. part 270, subpart J is excluded from the incorporation by reference of 40 C.F.R. part 270. Notes Haw. Code R. § 11-270.1-12 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35)…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 270, 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 270.1 is amended as follows: (1) Replace 40 C.F.R. section 270.1(a)(1) in its entirety to read: "(1) These permit regulations establish provisions for the Hazardous Waste Permit Program under chapter 342J, HRS." (2) Replace …

(a) The incorporation by reference of 40 C.F.R. section 270.10 is amended as follows: (1) 40 C.F.R. section 270.10(a)(6) is excluded from incorporation. (2) In 40 C.F.R. section 270.10(e)(1)(ii), replace "March 24, 1987" with "June 18, 1994". (3) 40 C.F.R. section 270.10(e)(2) is…

(a) The incorporation by reference of 40 C.F.R. section 270.31 is amended as follows: in 40 C.F.R. section 270.31(c), replace "parts 264, 266 and 267" with "chapters 11-264.1 and 11-266.1". (b) The incorporation by reference of 40 C.F.R. section 270.32 is amended as follows: (1) …

(a) The incorporation by reference of 40 C.F.R. section 270.40 is amended as follows: (1) In 40 C.F.R. section 270.40(a), replace "the appropriate Act" with "chapter 342J, HRS, or chapters 11-260.1 to 11-279.1". (2) In 40 C.F.R, section 270.40(b), delete "or as a routine change w…

(a)The incorporation by reference of 40 C.F.R. section 270.50 is amended as follows: (1) In 40 C.F.R. section 270.50(a), replace "10 years" with "five years". (2) In 40 C.F.R. section 270.50(d), replace "five years" with "three years", (b) The incorporation by reference of 40 C.F…

(a) 40 C.F.R. sections 270.60(b) and 270.64 are excluded from the incorporation by reference of 40 C.F.R. part 270 . Hawaii prohibits the underground injection of hazardous waste. (b) 40 C.F.R. section 270.67 is excluded from the incorporation by reference of 40 C.F.R. part 270. …

The incorporation by reference of 40 C.F.R. section 270.70 is amended as follows: (1) In 40 C.F.R. section 270.70(a)(1), insert "or section 342J-6.5, HRS," after "RCRA". (2) In 40 C.F.R. section 270.70(b), insert "against the owner and/or operator of the facility, including, but …

Title 40, part 124, subparts A and B 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 11-271.1-2 to 11-271.…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 124, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Agency", "EPA", and "issuing Regional Office" shall be replaced with "state dep…

(a) The incorporation by reference of 40 C.F.R. section 124.1 is amended as follows: (1) Replace 40 C.F.R. section 124.1(a) in its entirety to read: "(a) This part contains state department of health procedures for issuing, modifying, revoking and reissuing, or terminating all RC…

(a) The incorporation by reference of 40 C.F.R. section 124.31 is amended as follows: (1) Replace 40 C.F.R. section 124.31(a) in its entirety to read: "(a) Applicability. The requirements of this section shall apply to all RCRA part B applications seeking initial permits for haza…

Title 40, part 273 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 11-273.1-2 to 11-273.1-9. Notes Haw. Co…

(a) In addition to the requirements of 40 C.F.R. section 273.70, as incorporated and amended in this chapter, any person who imports universal waste from a foreign country into the State must submit the following information in writing to the director within thirty days after the…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 273, 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 273.1 is amended as follows: (1) In 40 C.F.R. section 273.1(a)(4), delete "and". (2) In 40 C.F.R. section 273.1(a)(5), replace the period at the end of the paragraph with a semicolon. (3) In 40 C.F.R. section 273.1(a), add a…

(a) The incorporation by reference of 40 C.F.R. section 273.13 is amended as follows: (1) In 40 C.F.R section 273.13(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and (e)(4)(v), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (2) In 40 C.F.R. section…

(a) The incorporation by reference of 40 C.F.R. section 273.32 is amended as follows: replace 40 C.F.R. section 273.32(b) in its entirety to read: "(b) This notification must include a completed EPA Form 8700-12. To obtain EPA Form 8700-12, call the department at (808) 586-4226."…

(a) The incorporation by reference of 40 C.F.R. section 273.54 is amended as follows: in 40 C.F.R. section 273.54(b), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (b) The incorporation by reference of 40 C.F.R. part 273 is amended by adding a new s…

(a) The incorporation by reference of 40 C.F.R. section 273.60 is amended as follows: in 40 C.F.R. section 273.60(a), replace "section 3010 of RCRA" with "section 342J-6.5, HRS". (b) The incorporation by reference of 40 C.F.R. section 273.62 is amended as follows: in 40 C.F.R. se…

Notes Haw. Code R. § 11-273.1-8 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 273.80 is amended as follows: in 40 C.F.R. section 273.80(d), insert "and hazardous waste electronic nicotine delivery systems" after "pharmaceuticals" and replace "a category" with "categories". Notes Haw. Code R. § 11-273.1-9 …

Title 40, part 279 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 11-279.1-2 to 11-279.1-11. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 279.72 is amended as follows: (1) In 40 C.F.R. section 279.72(a), delete "or other information". (2) In 40 C.F.R. section 279.72(b), delete "(or other information used to make the determination)". (b) The incorporation by re…

(a) The incorporation by reference of 40 C.F.R. section 279.80 is amended as follows: add a second sentence to read: "For used oil sent for disposal, a hazardous waste determination shall be made in accordance with 40 C.F.R. section 262.11, as incorporated and amended in section …

Used oil generators shall keep a record of each shipment of used oil that is delivered to a used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. (1) Records of each delivery shall include: (A) The name and address of the receiving facility or…

(a) Each used oil 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 July 31 of each year. The report shall be completed on forms furnished by the director and shall contain the follow…

(a) No person shall own, operate, add, extend, or modify a used oil or used oil fuel transportation or processing/re-refining facility or used oil collection center without first obtaining a permit from the department, except as provided in subsection (b). a permit shall be issue…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 279, as incorporated and amended in this chapter:(1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid Waste and Emergency Response", "EPA Ad…

The incorporation by reference of 40 C.F.R. section 279.1 is amended as follows: (1) In the introductory paragraph of 40 C.F.R. section 279.1, replace the comma between "260.10" and "261.1" with the word "and" and delete ", and 280.12". (2) The following definitions are amended a…