Haw. Code R. § 11-261-5 - Special requirements for hazardous waste generated by conditionally exempt small quantity generators

(a) A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than one-hundred kilograms of hazardous waste in that month.

(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j), a conditionally exempt small quantity generator's hazardous wastes are not subject to regulation under chapters 11-262 through 11-266, 11-268, and 11-270 and 11-271, and the notification requirements of HRS section 342J-6.5, provided the generator complies with the requirements of paragraphs (f), (g), and (j).

(c) When making the quantity determinations of this chapter and chapter 11-262, the generator must include all hazardous waste that it generates, except hazardous waste that:

(1) Is exempt from regulation under subsections 11-261-4(c) through (f), paragraph 11-261-6(a)(3), paragraph 11-261-7(a)(1), or section 11-261-8; or

(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in section 11-260-10; or

(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under paragraph 11-261-6(c)(2); or

(4) Is used oil managed under the requirements of paragraph 11-261-6(a)(4) and chapter 11-279; or

(5) Is spent lead-acid batteries managed under the requirements of subchapter G of chapter 11-266; or

(6) Is universal waste managed under section 11-261-9 and chapter 11-273.

(d) In determining the quantity of hazardous waste generated, a generator need not include:

(1) Hazardous waste when it is removed from on-site storage; or

(2) Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or

(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

(e) If a generator generates acute hazardous waste in a calendar month in quantities greater than set forth below, all quantities of that acute hazardous waste are subject to full regulation under chapters 11-262 through 11-266, 11-268, and 11-270 and 11-271, and the notification requirements of HRS section 342J-6.5:

(1) A total of one kilogram of acute hazardous wastes listed in sections 11-261-31, 11-261-32, or subsection 11-261-33(e).

(2) A total of one-hundred kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in sections 11-261-31, 11-261-32, or subsection 11-261-33(e).

[Comment: "Full regulation" means those regulations applicable to generators of greater than one-thousand kilograms of non-acutely hazardous waste in a calendar month.]

(f) In order for acute hazardous wastes generated by a generator of acute hazardous wastes in quantities equal to or less than those set forth in paragraph (e)(1) or (2) to be excluded from full regulation under this section, the generator must comply with the following requirements:

(1) Section 11-262-11;

(2) The generator may accumulate acute hazardous waste on-site. If he or she accumulates at any time acute hazardous wastes in quantities greater than those set forth in paragraph (e)(1) or (e)(2), all of those accumulated wastes are subject to regulation under chapters 11-262 through 11-266, 11-268, and 11-270 and 11-271, and the applicable notification requirements of section 342J-6.5, HRS. The time period of subsection 11-262-34(a), for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exclusion limit;

(3) A conditionally exempt small quantity generator may either treat or dispose of his or her acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under chapter 11-270 or subtitle C of RCRA;

(ii) In interim status under chapters 11-270 and 11-265 or subtitle C of RCRA;

(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271;

(iv) Permitted, licensed, or registered by the State or any state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR Part 258 or state rules that are the equivalent of 40 CFR Part 258;

(v) Permitted, licensed, or registered by the State or any state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR sections 257.5 through 257.30 or state rules that are the equivalent of 40 CFR sections 257.5 through 257.30; or

(vi) A facility which:

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or

(vii) For universal waste managed under chapter 11-273, a universal waste handler or destination facility subject to the requirements of chapter 11-273.

(g) In order for hazardous waste generated by a conditionally exempt small quantity generator in quantities of less than one-hundred kilograms of hazardous waste during a calendar month to be excluded from full regulation under this section, the generator must comply with the following requirements:

(1) Section 11-262-11;

(2) The conditionally exempt small quantity generator may accumulate hazardous waste on-site. If he or she accumulates at any time more than a total of one-thousand kilograms of his or her hazardous wastes, all of those accumulated wastes are subject to regulation under the special provisions of chapter 11-262 applicable to generators of between one-hundred kilograms and one-thousand kilograms of hazardous waste in a calendar month as well as the requirements of chapters 11-263 through 11-266, 11-268, 11-270 and 11-271, and the applicable notification requirements of section 342J-6.5, HRS. The time period of subsection 11-262-34(d) for accumulation of wastes on-site begins for a conditionally exempt small quantity generator when the accumulated wastes exceed one-thousand kilograms;

(3) A conditionally exempt small quantity generator may either treat or dispose of his or her hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under chapter 11-270 or subtitle C of RCRA;

(ii) In interim status under chapters 11-270 and 11-265 or subtitle C of RCRA;

(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271 ;

(iv) Permitted, licensed, or registered by the State or any state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to 40 CFR Part 258 or state rules that are the equivalent of 40 CFR Part 258 ;

(v) Permitted, licensed, or registered by the State or any state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit after January 1, 1998, is subject to the requirements in 40 CFR sections 257.5 through 257.30 or state rules that are the equivalent of 40 CFR sections 257.5 through 257.30; or

(vi) A facility which:

(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or

(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; or

(vii) For universal waste managed under chapter 11-273, a universal waste handler or destination facility subject to the requirements of chapter 11-273.

(h) Hazardous waste subject to the reduced requirements of this section may be mixed with non-hazardous waste and remain subject to these reduced requirements even though the resultant mixture exceeds the quantity limitations identified in this section, unless the mixture meets any of the characteristics of hazardous waste identified in subchapter C.

(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity exclusion level of this section, the mixture is subject to full regulation.

(j) If a conditionally exempt small quantity generator's wastes are mixed with used oil, the mixture is subject to chapter 11-279 if it is destined to be burned for energy recovery. Any material produced from such a mixture by processing, blending, or other treatment is also so regulated if it is destined to be burned for energy recovery.

Notes

Haw. Code R. § 11-261-5

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §261.5)