Haw. Code R. § 11-273.1-4 - Amendments to the incorporation of 40 C.F.R. part 273, subpart B
(a) The incorporation by reference of
40 C.F.R. section
273.13 is amended as follows:
(1) In
40 C.F.R section
273.13(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and
(e)(4)(v), replace "40 CFR parts 260 through
272" with "chapters 11-260.1 to 11-270.1".
(2) In
40 C.F.R. section
273.13(e)(4)(vi), replace
"or" with "and".
(3) Add a
subsection (f) to read: "(f) Electronic items. A small quantity handler of
universal waste must manage electronic items in a way that prevents releases of
any universal waste or component of a universal waste to the environment, as
follows:
(1) Electronic items shall be stored
in
(i) A building, with a permanent roof and
floor, that is constructed and maintained to minimize breakage of electronic
items and to prevent exposure of the electronic items to precipitation;
or
(ii) A closed and secure
container that is constructed and maintained to minimize breakage of electronic
items and to prevent exposure of the electronic items to
precipitation.
(2) All
universal waste electronic items must be stored in a building or container
meeting the requirements of paragraph (1) within 24 hours of being
discarded.
(3) A small quantity
handler of universal waste shall immediately clean up and place in a container
any universal waste electronic item that shows evidence of leakage, spillage,
or damage that could cause leakage under reasonably foreseeable conditions. The
container shall be closed, structurally sound, and compatible with the contents
of the electronic item, and shall lack evidence of leakage, spillage, or damage
that could cause leakage under reasonably foreseeable conditions.
(4) A small quantity handler of universal
waste may conduct the following activities:
(i) Sorting electronic items by
type;
(ii) Mixing electronic item
types in one container;
(iii)
Removal of discrete components that are typically removed by consumers for
replacement during the normal operation of an electronic item (e.g., battery
packs, hard drives, solid state drives). A universal waste handler shall
conduct the removal of the discrete components in the manner that is prescribed
in the operating manual for the electronic item, or in a manner that would
otherwise reasonably be employed during the normal operation of the electronic
item; and
(iv) Removal of separable
nonelectronic pieces that are intended for assembly by retailers or consumers
(e.g., monitor saucer, wall hanging bracket, cell phone case).
(5) A small quantity handler who
generates other solid waste (e.g., battery packs, monitor saucers) as a result
of the activities listed in paragraph (4) shall make a hazardous waste
determination pursuant to 40
C.F.R. section 262.11, as incorporated and
amended in section
11-262.1-1.
(i) If the waste exhibits a characteristic of
hazardous waste, it is subject to all applicable requirements of chapters
11-260.1 to 11-270.1. If the waste is another type of universal waste (e.g., a
battery), it may be alternatively managed under this chapter. The handler is
considered the generator of the waste and is subject to chapter
11-262.1.
(ii) If the waste is not
hazardous, the handler may manage the waste in any way that is in compliance
with applicable federal, state, and local solid waste
regulations.
(6) A small
quantity handler of universal waste who drills holes in or crushes hard drives,
solid state drives, or similar electronic storage media for the purpose of
meeting data security standards or media sanitization standards must meet the
following requirements:
(i) Establish and
follow a written procedure detailing how to safely drill holes in or crush the
electronic storage media (including proper assembly, operation, and maintenance
of the drilling or crushing device and proper waste management practices to
prevent releases); maintain a copy of the written procedure on site; and ensure
employees conducting drilling or crushing are trained in the proper
procedure;
(ii) Conduct drilling or
crushing over a catchment area or container and immediately collect and
containerize any debris generated during the procedure;
(iii) Ensure that all debris and electronic
storage media are confined to a container that:
(A) Is structurally sound;
(B) Is compatible with the contents of the
waste;
(C) Lacks evidence of
leakage, spillage, or damage that could cause leakage under reasonably
foreseeable conditions; and
(D)
Remains closed except when drilling, crushing, or adding waste; and
(iv) Manage the resulting debris
and electronic storage media as universal waste electronic items."
(4) Add a subsection (g)
to read: "(g) Solar panels. A small quantity handler of universal waste must
manage solar panels in a way that prevents releases of any universal waste or
component of a universal waste to the environment, as follows:
(1) Solar panels shall be stored in a manner
that prevents breakage and release of any constituent of a solar panel to the
environment under reasonably foreseeable conditions. A container or other
method of storage (e.g., stretch-film wrapped panels on a pallet) used must
prevent breakage, leakage, spillage, or damage that could cause leakage under
reasonably foreseeable conditions. Intact solar panels need not be contained to
meet this standard.
(2) A small
quantity handler of universal waste shall immediately clean up and place in a
container any universal waste solar panel that shows evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions. The container shall be closed, structurally sound, and compatible
with the contents of the solar panel, and shall lack evidence of leakage,
spillage, or damage that could cause leakage under reasonably foreseeable
conditions.
(3) A small quantity
handler of universal waste may conduct the following activities:
(i) Sorting solar panels by type;
(ii) Mixing solar panel types in one
container, on one pallet, or in one demarcated storage area;
(iii) Removal of ancillary components that
are typically removed for replacement during the normal operation and
maintenance of a solar photovoltaic system (e.g., connectors, junction boxes,
batteries, inverters). A universal waste handler shall conduct the removal of
the ancillary components in the manner that is prescribed in the operating
manual for the solar photovoltaic system, or in a manner that would otherwise
reasonably be employed during the normal operation and maintenance of the solar
photovoltaic system; and
(iv)
Manual or mechanical separation of framing from solar panel glass, provided the
following conditions are met:
(A) All
reasonable efforts shall be made to minimize breakage of solar panel
glass;
(B) Solar panels with
framing removed shall be stored in a horizontal stack and shall be stretch-film
wrapped as soon as practicable or at the end of each work shift;
(C) Solar panels with framing removed shall
be stored in:
(1) A building, with a
permanent roof and floor, that is constructed and maintained to minimize
breakage of solar panels and to prevent exposure of the solar panels to
precipitation; or
(2) A closed and
secure container that is constructed and maintained to minimize breakage of
solar panels and to prevent exposure of the solar panels to precipitation;
(D) Separated metal
framing is recycled; and
(E) Broken
pieces of solar panel glass shall be cleaned up and placed in a container at
the end of each work shift during which framing is removed from solar panels.
The container shall be closed, structurally sound, and compatible with the
contents of the solar panel, and shall lack evidence of leakage, spillage, or
damage that could cause leakage under reasonably foreseeable conditions. These
pieces must be managed as universal waste.
(4) A small quantity handler who generates
other solid waste (e.g., batteries, inverters) as a result of the activities
listed in paragraph (3) shall make a hazardous waste determination pursuant to
40 C.F.R. section
262.11, as incorporated and amended in
section 11 262.1-1.
(i) If the waste exhibits
a characteristic of hazardous waste, it is subject to all applicable
requirements of chapters 11-260.1 to 11-270.1.
(ii) If the waste is another type of
universal waste (e.g., a battery, an electronic item), it may be alternatively
managed under this chapter. The handler is considered the generator of the
waste and is subject to applicable requirements of chapter 11-262.1 and this
chapter.
(iii) If the waste is not
hazardous, the handler may manage the waste in any way that is in compliance
with applicable federal, state, and local solid waste regulations, except as
provided in paragraph (g)(3)(iv)(D) of this
section."
(b) The incorporation by reference of
40 C.F.R. section
273.14 is amended as follows:
(1) In
40 C.F.R. section
273.14(a), replace
"Universal waste batteries (i.e., each battery), or a container in which the
batteries are contained," with "Each battery, container or pallet containing
universal waste batteries, or designated universal waste battery storage area
demarcated by boundaries".
(2) In
40 C.F.R. section
273.14, add a subsection (g) to read: "(g)
Each electronic item, container or pallet containing universal waste electronic
items, or designated universal waste electronic item storage area demarcated by
boundaries must be labeled or marked clearly with one of the following phrases:
"Universal Waste-electronic item(s) ", or "Waste electronic item(s)", or "Used
electronic item(s)"."
(3) In
40 C.F.R. section
273.14, add a subsection (h) to read: "(h)
Each solar panel, container or pallet containing solar panels, or designated
universal waste solar panel storage area demarcated by boundaries, must be
labeled or marked clearly with one of the following phrases: "Universal
Waste-solar panel(s)", or "Waste solar panel(s)", or "Used solar panel
(s)"."
Notes
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