Haw. Code R. § 11-451-6 - Determination of reportable quantities

(a) Purpose. This section establishes the reportable quantities for those hazardous substances designated pursuant to section 11-451-5.

(b) Reportable quantities for listed hazardous substances. Listed hazardous substances designated under section 11-451-5(b), have the following reportable quantities:

(1) The reportable quantities contained in 40 C.F.R. Part 355, Appendices A and B, as of July 1, 1993;

(2) The reportable quantities contained in 40 C.F.R. Part 302, Table 302.4, as of July 1, 1993;

(3) The reportable quantities contained in 58 Federal Register 54840, Table 302.4;

(4) 10 pounds for trichloropropane; and

(5) For oil:

(A) Any amount of oil which when released into the environment causes a sheen to appear on surface water, or any navigable water of the State;

(B) Any free product that appears on ground water;

(C) Any amount of oil released to the environment greater than 25 gallons; and

(D) Any amount of oil released to the environment which is less than 25 gallons, but which is not contained and remedied within 72 hours.

(c) Reportable quantities for unlisted hazardous substances. Unlisted hazardous substances designated under section 11-451-5(c), have the following reportable quantities:

(1) Unlisted hazardous substances have the reportable quantity of 100 pounds, except for those unlisted hazardous wastes which exhibit toxicity characteristics pursuant to paragraph (2); and

(2) Unlisted hazardous wastes, which exhibit toxicity characteristics when tested with the TCLP test method 1311 have the reportable quantities listed in 40 C.F.R. Part 302, Table 302.4, as of July 1, 1993, for the hazardous substance on which the toxicity characteristic is based. If an unlisted hazardous waste exhibits toxicity characteristics on the basis of more than one hazardous substance, the reportable quantity of that material shall be the lowest of the reportable quantities listed in 40 C.F.R. Part 302, Table 302.4, as of July 1, 1993, for those hazardous substances. If an unlisted hazardous waste exhibits toxicity characteristics and one or more of the other characteristics referenced in section 11-451-5(c), the reportable quantity for that material shall be the lowest of the applicable reportable quantities. The reportable quantities described in this paragraph apply to the weight of the entire amount of material released, not merely to the hazardous substance component.

Notes

Haw. Code R. § 11-451-6

[Eff. AUG 17 1995] (Auth: HRS §§ 128D-3, 128D-7) (Imp: HRS §§ 128D-3, 128D-7)