Haw. Code R. §§ 11-262.14 - Conditions for exemption for a very small quantity generator
(a) Provided that the very small quantity
generator meets all the conditions for exemption listed in this section,
hazardous waste generated by the very small quantity generator is not subject
to the requirements of parts 124, 262 (except §§ 262.10 through
262.14) through 268, and 270 of this chapter, and the notification requirements
of section 342J-6.5, HRS and the very small
quantity generator may accumulate hazardous waste on site without complying
with such requirements. The conditions for exemption are as follows:
(1) In a calendar month the very small
quantity generator generates less than or equal to the amounts specified in the
definition of ''very small quantity generator'' in § 260.10 of this
chapter;
(3) If the very small
quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of
acute hazardous waste or 100 kilograms (220 lbs) of any residue or contaminated
soil, water, or other debris resulting from the cleanup of a spill, into or on
any land or water, of any acute hazardous waste listed in §§ 261.31
or 261.33(e) of this chapter, all quantities of that acute hazardous waste are
subject to the following additional conditions for exemption:
(i) Such waste is held on site for no more
than 90 days beginning on the date when the accumulated wastes exceed the
amounts provided above; and
(ii)
The conditions for exemption in § 262.17(a) through (g).
(4) If the very small quantity
generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of
non-acute hazardous waste, all quantities of that hazardous waste are subject
to the following additional conditions for exemption:
(i) Such waste is held on site for no more
than 180 days, or 270 days, if applicable, beginning on the date when the
accumulated waste exceed the amounts provided above;
(ii) The quantity of waste accumulated on
site never exceeds 6,000 kilograms (13,200 lbs); and
(iii) The conditions for exemption in §
262.16(b)(2) through (f).
(5) A very small quantity generator that
accumulates hazardous waste in amounts less than or equal to the limits in
paragraphs (a)(3) and (4) of this section must either treat or dispose of its
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 part 270 of this
chapter or subtitle C of RCRA;
(ii)
In interim status under parts 265 and 270 of this chapter or subtitle C of
RCRA;
(iii) Authorized to manage
hazardous waste by a state with a hazardous waste management program approved
under part 271 of this chapter;
(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 part 258 of this chapter or state
rules that correspond to 40 C.F.R. 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, is subject to the
requirements in §§ 257.5 through 257.30 of this chapter or state
rules that correspond to 40
C.F.R. sections 257.5 to
257.30;
(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;
(vii) For universal waste managed under part
273 of this chapter, a universal waste handler or destination facility subject
to the requirements of 40 C.F.R. part 273 or state rules that correspond to 40
C.F.R. part 273 ;
(viii) A large
quantity generator under the control of the same person as the very small
quantity generator, provided the following conditions are met:
(A) The very small quantity generator and the
large quantity generator are under the control of the same person as defined in
§ 260.10 of this chapter. ''Control,'' for the purposes of this section,
means the power to direct the policies of the generator, whether by the
ownership of stock, voting rights, or otherwise, except that contractors who
operate generator facilities on behalf of a different person as defined in
§ 260.10 of this chapter shall not be deemed to ''control'' such
generators.
(B) The very small
quantity generator marks its container(s) of hazardous waste with:
(1) The words ''Hazardous Waste''
and
(2) An indication of the
hazards of the contents (examples include, but are not limited to, the
applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive,
reactive, toxic); hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart
F (placarding); a hazard statement or pictogram consistent with the
Occupational Safety and Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).
(ix) A reverse
distributor (as defined in § 266.500), if the hazardous waste
pharmaceutical is a potentially creditable hazardous waste pharmaceutical
generated by a healthcare facility (as defined in § 266.500);
(x) A healthcare facility or electronic
nicotine delivery system retailer (as defined in § 266.500) that meets the
conditions in §§ 266.502(l) and 266.503(b), as applicable, to accept
non-creditable subpart P hazardous waste and potentially creditable hazardous
waste pharmaceuticals from an off-site healthcare facility or electronic
nicotine delivery system retailer that is a very small quantity generator;
or
(xi) For airbag waste, an airbag
waste collection facility or a designated facility subject to the requirements
of 40 C.F.R. section
261.4(j) or corresponding
regulations of any authorized state.
(b) The placement of bulk or noncontainerized
liquid hazardous waste or hazardous waste containing free liquids (whether or
not sorbents have been added) in any landfill is prohibited.
(c) A very small quantity generator
experiencing an episodic event may generate and accumulate hazardous waste in
accordance with subpart L of this part in lieu of §§ 262.15, 262.16,
and 262.17.
Notes
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