Haw. Code R. § 11-268-33 - Waste-specific prohibitions-organobromine wastes

(a) Effective November 4, 1998, the waste specified in section 11-261-32 as EPA Hazardous Waste Numbers K140, and in section 11-261-33 as EPA Hazardous Waste Number U408 are prohibited from land disposal. In addition, soils and debris contaminated with these wastes, radioactive wastes mixed with these hazardous wastes, and soils and debris contaminated with these radioactive mixed wastes, are prohibited from land disposal.

(b) The requirements of subsection (a) do not apply if:

(1) The wastes meet the applicable treatment standards specified in subchapter D;

(2) Persons have been granted an exemption from prohibition pursuant to a petition under 40 CFR 268.6, with respect to those wastes and units covered by the petition; and the petition is approved by the State pursuant to section 11-268-51;

(3) The wastes meet the applicable treatment standards established pursuant to a petition granted under 40 CFR 268.44; and the petition is approved by the State pursuant to section 11-268-51;

(4) Hazardous debris that has met treatment standards in section 11-268-40 or in the alternative treatment standards in section 11-268-45; or

(5) Persons have been granted an extension to the effective date of a prohibition pursuant to 40 CFR 268.5, with respect to these wastes covered by the extension; and the extension is approved by the State pursuant to section 11-268-51.

(c) To determine whether a hazardous waste identified in this section exceeds the applicable treatment standards specified in section 11-268-40, the initial generator must test a sample of the waste extract or the entire waste, depending on whether the treatment standards are expressed as concentrations in the waste extract or the waste, or the generator may use knowledge of the waste. If the waste contains constituents in excess of the applicable Universal Treatment Standard levels of section 11-268-48, the waste is prohibited from land disposal, and all requirements of this chapter are applicable, except as otherwise specified.

Notes

Haw. Code R. § 11-268-33

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.33)