Haw. Code R. § 11-261-6 - Requirements for recyclable materials

(a)

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of subsections (b) and (c), except for the materials listed in paragraphs (a)(2) and (a)(3). Hazardous wastes that are recycled will be known as "recyclable materials."

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under subchapters C through H of chapter 11-266 and all applicable provisions in chapters 11-270 and 11-271;

(i) Recyclable materials used in a manner constituting disposal (subchapter C);

(ii) Hazardous wastes burned for energy recovery in boilers and industrial furnaces that are not regulated under subchapter O of chapter 11-264 or 11-265 (subchapter H);

(iii) Recyclable materials from which precious metals are reclaimed (subchapter F);

(iv) Spent lead-acid batteries that are being reclaimed (subchapter G).

(3) The following recyclable materials are not subject to regulation under chapters 11-262 through 11-266 or 11-268, 11-270 or 11-271, and are not subject to the notification requirements of section 342J-6.5, HRS:

(i) Industrial ethyl alcohol that is reclaimed except that, unless provided otherwise in an international agreement as specified in section 11-262-58:

(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in 40 CFR 262.53 or section 11-262-53, 40 CFR 262.56 (a)(1) -(4), (6), and (b), or section 11-262-56(a)(1)-(4), (6), and (b), and 40 CFR 262.57 or section 11-262-57, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in subpart E of 40 CFR Part 262 or subchapter E of chapter 11-262, and provide to the department and to the transporter transporting the shipment for export a copy of the EPA Acknowledgment of Consent to the shipment;

(B) Transporters transporting a shipment for export may not accept a shipment if he or she knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.

(ii) Scrap metal that is not excluded under section 11-261-4(a)(13);

(iii) Fuels produced from the refining of oil-bearing hazardous wastes along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under paragraph 11-261-4(a)(12));

(iv)

(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under subsection 11-279-11 and so long as no other hazardous wastes are used to produce the hazardous waste fuel;

(B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under subsection 11-279-11; and

(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under subsection 11-279-11; and

(v) Petroleum coke produced from petroleum refinery hazardous wastes containing oil by the same person who generated the waste, unless the resulting coke product exceeds one or more of the characteristics of hazardous waste in chapter 11-261, subchapter C.

(4) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of chapters 11-260 through 11-268, but is regulated under chapter 11-279. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.

(5) Hazardous waste that is exported to or imported from designated member countries of the Organization for Economic Cooperation and Development (OECD) (as defined in 40 CFR section 262.58(a)(1) ) for purpose of recovery is subject to the requirements of subchapter H of chapter 11-262, if it is subject to either the federal manifesting requirements of 40 CFR Part 262, to the universal waste management standards of 40 CFR Part 273, or to chapter 11-273.

(b) Generators and transporters of recyclable materials are subject to the applicable requirements of chapters 11-262 and 11-263 and the notification requirements under HRS section 342J-6.5, except as provided in subsection (a) of this section.

(c)

(1) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of subchapters A through L, AA, BB, and CC of chapters 11-264 and 11-265, and under chapters 11-271, 11-266, 11-268, and 11-270 and the notification requirements under section 342J-6.5, HRS, except as provided in subsection (a) of this section. (The recycling process itself is exempt from regulation except as provided in subsection 11-261-6(d).)

(2) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in subsection (a):

(i) Notification requirements under section 342J-6.5, HRS;

(ii) Sections 11-265-71 and 11-265-72 (dealing with the use of the manifest and manifest discrepancies).

(iii) Section 11-261-6(d).

(d) Owners or operators of facilities subject to hazardous waste management permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of subchapters AA and BB of chapter 11-264 or 11-265.

Notes

Haw. Code R. § 11-261-6

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §261.6)