Haw. Code R. § 11-265-13 - General waste analysis

(a)

(1) Before an owner or operator treats, stores or disposes of any hazardous wastes, or non-hazardous wastes if applicable under subsection 11-265-113(d), he must obtain a detailed chemical and physical analysis of a representative sample of the wastes. At a minimum, the analysis must contain all the information which must be known to treat, store, or dispose of the waste in accordance with this chapter and chapter 11-268.

(2) The analysis may include data developed under chapter 11-261, and existing published or documented data on the hazardous waste or on waste generated from similar processes.

(3) The analysis must be repeated as necessary to ensure that it is accurate and up to date. At a minimum, the analysis must be repeated:

(i) When the owner or operator is notified, or has reason to believe, that the process or operation generating the hazardous wastes or non-hazardous wastes, if applicable, under subsection 11-265-113(d) has changed; and

(ii) For off-site facilities, when the results of the inspection required in paragraph (a)(4) indicate that the hazardous waste received at the facility does not match the waste designated on the accompanying manifest or shipping paper.

(4) The owner or operator of an off-site facility must inspect and, if necessary, analyze each hazardous waste movement received at the facility to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper.

(b) The owner or operator must develop and follow a written waste analysis plan which describes the procedures which he or she will carry out to comply with subsection (a). He or she must keep this plan at the facility. At a minimum, the plan must specify:

(1) The parameters for which each hazardous waste, or non-hazardous waste if applicable under subsection 11-265-113(d), will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties to comply with subsection (a));

(2) The test methods which will be used to test for these parameters;

(3) The sampling method which will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either:

(i) One of the sampling methods described in Appendix I of chapter 11-261; or

(ii) [Reserved]

(4) The frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up to date;

(5) For off-site facilities, the waste analyses that hazardous waste generators have agreed to supply; and

(6) Where applicable, the methods that will be used to meet the additional waste analysis requirements for specific waste management methods as specified in sections 11-265-200, 11-265-225, 11-265-252, 11-265-273, 11-265-314, 11-265-341, 11-265-375, 11-265-402, subsections 11-265-1034(d), and 11-265-1063(d), section 11-265-1084, and section 11-268-7.

(7) For surface impoundments exempted from land disposal restrictions under subsection 11-268-4(a), the procedures and schedule for:

(i) The sampling of impoundment contents;

(ii) The analysis of test data; and,

(iii) The annual removal of residues which are listed under subchapter D of chapter 11-261 or which exhibit a characteristic of hazardous waste and either:

(A) Do not meet applicable treatment standards of chapter 11-268, subchapter D; or

(B) Where no treatment standards have been established;

(1) Such residues are prohibited from land disposal under section 11-268-32 or RCRA section 3004(d) (1984); or

(2) Such residues are prohibited from land disposal under subsection 11-268-33(f).

(8) For owners and operators seeking an exemption to the air emission standards of subchapter CC in accordance with section 11-265-1083 --

(i) If direct measurement is used for the waste determination, the procedures and schedules for waste sampling and analysis, and the results of the analysis of test data to verify the exemption,

(ii) If knowledge of the waste is used for the waste determination, any information prepared by the facility owner or operator or by the generator of the hazardous waste, if the waste is received from off-site, that is used as the basis for knowledge of the waste.

(c) For off-site facilities, the waste analysis plan required in subsection (b) must also specify the procedures which will be used to inspect and, if necessary, analyze each movement of hazardous waste received at the facility to ensure that it matches the identity of the waste designated on the accompanying manifest or shipping paper. At a minimum, the plan must describe:

(1) The procedures which will be used to determine the identity of each movement of waste managed at the facility; and

(2) The sampling method which will be used to obtain a representative sample of the waste to be identified, if the identification method includes sampling.

(3) The procedures that the owner or operator of an off-site landfill receiving containerized hazardous waste will use to determine whether a hazardous waste generator or treater has added a biodegradable sorbent to the waste in the container.

Notes

Haw. Code R. § 11-265-13

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.13)