Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 260.1 - HAZARDOUS WASTE MANAGEMENT: GENERAL PROVISIONS
Section 11-260.1-4 - Amendments to the incorporation of 40 C.F.R. part 260, subpart B

(1) November 19, 1980;

(2) The effective date of statutory or regulatory changes made under RCRA prior to June 18, 1994 that made the facility subject to the requirement to have an RCRA permit; or

(3) The effective date of statutory or regulatory changes made under chapter 342J, HRS, after June 18, 1994 that made the facility subject to the requirement to have a permit under section 342J-30(a), HRS".

"Existing tank system or existing component" definition. Replace "on or prior to July 14, 1986" with "on or prior to July 14, 1986 for HSWA tanks and June 18, 1994 for non-HSWA tanks".

"Facility" definition. Delete "or 267.101" and replace "RCRA Section 3008(h)" with " 42 U.S.C. section 6928(h) or section 342J-36, HRS".

"Final closure" definition. Replace "§262.34" with " 40 C.F.R. sections 262.14 to 262.17, as incorporated and amended in section 11-262.1-1".

"Inactive portion" definition. Replace "the effective date of part 261 of this chapter" with "November 19, 1980".

"New hazardous waste management facility" definition. Replace in its entirety to read: "New hazardous waste management facility or new facility means a hazardous waste management facility which is not included in the definition of an existing hazardous waste management facility."

"New tank system or new tank component" definition. Replace both occurrences of "July 14, 1986" with "July 14, 1986 for HSWA tanks and June 18, 1994 for non-HSWA tanks".

"Person" definition. Replace in its entirety to read: "Person means any individual, partnership, firm, joint stock company, association, public or private corporation, federal agency, the State or any of its political subdivisions, any state and any of its political subdivisions, trust, estate, interstate body, or any other legal entity."

"Remediation waste management site" definition. Insert "or section 342J-36, HRS" after " 40 C.F.R. 264.101 ".

"Universal waste" definition. Replace "; and" with";" and replace the period at the end of the definition with"; (6) Electronic items as described in 40 C.F.R. section 273.6.1, as incorporated and amended in section 11-273.1-1; and (7) Solar panels as described in 40 C.F.R. section 273.6.2, as incorporated and amended in section 11-273.1-1".

"Universal waste handler" definition. Replace "A person who treats (except under the provisions of 40 C.F.R. 273.13(a) or (c), or 40 C.F.R. 273.33(a) or (c)) , disposes of, or recycles (except under the provisions of 40 C.F.R. 273.13(e) or 40 C.F.R. 273.33(e)) universal waste;" with "A person who treats, disposes of, or recycles universal waste (except under the provisions of 40 C.F.R. section 273.13 or 273.33, as incorporated and amended in section 11-273.1-1);".

(3) Add the following additional definitions In alphabetical order:

"Ampule" means an airtight vial made of glass, plastic, metal, or any combination of these materials.

"Any state" means any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any other U.S. territory.

"Authorized state" or "approved state" means a State which has been approved or authorized by EPA under 40 C.F.R. part 271 .

"Circuit board" means the part of an electronic device that mechanically supports and electrically connects electronic components (such as capacitors, diodes, power sources, resistors, sensors, switches, transducers, transistors, etc.) using conductive tracks.

"CWA" means the federal Clean Water Act, 33 U.S.C. section 1251 et seq.

"Director", or "director of health", means the director of the State of Hawaii department of health or the director' s authorized agent.

"Electronic item", also referred to as "universal waste electronic item", means a device containing a circuit board, or other complex circuitry, or a video display. Indicators that a device likely contains a circuit board include the presence of a keypad, touch screen, any type of video or digital display, or common electronic ports or connectors, such as serial, parallel, Rj45 ("network"), or USB. Examples of common universal waste electronic items include, but are not limited to: computer central processing unit; computer monitor; portable computer (including notebook, laptop, and tablet computer); devices designed for use with computers (also known as computer peripherals) such as keyboard, mouse, desktop printer, scanner, and external storage drive; server; television; digital video disc (DVD) recorder or player; videocassette recorder or player (VCR); eBook reader; digital picture frame; fax machine; video game equipment; cellular telephone; answering machine; digital camera; portable music or video player; wireless paging device; remote control; and smoke detector. Electronic item does not include a device that is physically a part of, connected to, or integrated within a large piece of equipment that is not meant to be hand-carried by one person (for example, an automobile, large medical equipment, or white goods as defined in chapter 11-58.1). A device is considered physically a part of, connected to, or integrated within a large piece of equipment if the device cannot be easily disconnected from the large equipment by a layperson without specialized training. When a device containing a circuit board or a video display is removed, separated, or separate from the large piece of equipment that it is meant to be a part of, it is a universal waste electronic item.

"HRS" means the Hawaii Revised Statutes.

"HSWA" means Hazardous and Solid Waste Amendments.

"HSWA Drip Pad" means a drip pad handling F032 waste, as defined in 40 C.F.R. section 261.31, as incorporated and amended in section 11-261.1-1.

"HSWA Tank" means a tank owned or operated by a generator of less than one thousand kilograms of hazardous waste in any single calendar month; or, a new underground tank; or, an existing underground tank that cannot be entered for inspection.

"Land disposal" means placement in or on the land, except in a corrective action management unit or staging pile, and includes, but is not limited to, placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, underground mine or cave, or placement in a concrete vault, or bunker intended for disposal purposes.

"Non-HSWA Drip Pad" means a drip pad handling F034 and F035 wastes, as defined in 40 C.F.R. section 261.31, as incorporated and amended in section 11-261.1-1.

"Non-HSWA Tank" means all tanks except HSWA tanks as defined in this section.

"Photovoltaic cell" means a specialized semiconductor diode designed to convert solar radiation into electrical energy. Photovoltaic cells may be composed of, but are not limited to, monocrystalline silicon, polycrystalline silicon, amorphous silicon, cadmium telluride, copper indium gallium selenide, and gallium indium phosphide/gallium arsenide/gallium, and perovskite. Photovoltaic cells are managed as solar panels.

"Solar panel" or "solar photovoltaic panel" means a device consisting of one or more electrically connected photovoltaic cells that are designed to convert solar radiation into electrical energy. Solar panel includes integrated components that cannot be separated without breaking the solar panel glass. Examples of integrated components include, but are not limited to, protective glass, conductive metal contact, metal framing the photovoltaic cells, housing or pocket holding the photovoltaic cells, and top and back layer. Photovoltaic cells that are not electrically connected are managed as solar panels. Solar panel does not include solar thermal panels that do not contain photovoltaic cells.

"Solar photovoltaic system" means a set of components consisting of one or more solar panels and ancillary components such as, but not limited to, metal frames used to support the solar panels, connectors, junction boxes, batteries, inverters, wires, and cables that are connected to the solar panels. Ancillary components are those components of the system that can be manually separated from the solar panel without breaking the solar panel glass.

"Video display" means the part of an electronic device capable of presenting images electronically on a screen viewable by the device user. A video display may use cathode ray tube, liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.