Haw. Code R. § 11-261-1 - Purpose and scope

(a) This chapter identifies those solid wastes which are subject to regulation as hazardous wastes under chapters 11-262 through 11-280 and which are subject to the notification requirements of HRS section 342J-6.5. The definitions in chapter 11-260 apply to this chapter. In this chapter:

(1) Subchapter A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under chapters 11-262 through 11-280 and establishes special management requirements for hazardous waste produced by conditionally exempt small quantity generators and hazardous waste which is recycled.

(2) Subchapter B sets forth the criteria used by the department to identify characteristics of hazardous waste and to list particular hazardous wastes.

(3) Subchapter C identifies characteristics of hazardous waste.

(4) Subchapter D lists particular hazardous wastes.

(5) Subchapter E adopts by reference Appendices I, II, III, VII, VIII, and X to 40 CFR Part 261.

(b)

(1) The definition of solid waste contained in this chapter applies only to wastes that also are hazardous for purposes of the rules implementing HRS chapter 342J. For example, it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.

(2) This chapter identifies only some of the materials which are solid wastes and hazardous wastes under HRS chapter 342J. A material which is not defined as a solid waste in this chapter, or is not a hazardous waste identified or listed in this chapter, is still a solid waste and a hazardous waste for purposes of HRS sections 342J-6, 342J-7, 342J-8, 342J-9(a), 342J-9(b), 342J-10, and 342J-11 if:

(i) In the case of HRS sections 342J-6, 342J-7, 342J-9(a), 342J-9(b), 342J-10, and 342J-11, the department has reason to believe that the material may be a solid waste as the term is defined in HRS section 342J-2, and a hazardous waste as the term is defined in HRS section 342J-2; or

(ii) In the case of HRS section 342J-8, the statutory elements are established.

(c) For the purposes of sections 11-261-2 and 11-261-6:

(1) A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing;

(2) "Sludge" has the same meaning used in section 11-260-10;

(3) A "by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

(4) A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents.

(5) A material is "used or reused" if it is either:

(i) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or

(ii) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).

(6) "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.

(7) A material is "recycled" if it is used, reused, or reclaimed.

(8) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that -- during the calendar year (commencing on January 1) -- the amount of material that is recycled, or transferred to a different site for recycling, equals at least seventy-five percent by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the seventy-five percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under subsection 11-261-4(c) are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.

(9) "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(10) "Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (section 11-261-4(a)(13)).

(11) "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.

(12) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.

(d) 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 Rules).

Notes

Haw. Code R. § 11-261-1

[Eff 6/18/94, am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §261.1)