(a) The purpose of
this chapter is to establish minimum State standards which are consistent with
and at least as stringent as national standards which define the acceptable
management of hazardous waste.
(b)
The standards in this chapter apply to owners and operators of all facilities
which treat, store, or dispose of hazardous waste, except as specifically
provided otherwise in this chapter or chapter 11-261.
(c) The requirements of this chapter apply to
a person disposing of hazardous waste by means of ocean disposal subject to a
permit issued under the Federal Marine Protection, Research, and Sanctuaries
Act only to the extent they are included in a hazardous waste management permit
by rule granted to such a person under chapter 11-270.
(d) The requirements of this chapter apply to
a person disposing of hazardous waste by means of underground injection subject
to a permit issued under an Underground Injection Control (UIC) program
approved or promulgated under the Federal Safe Drinking Water Act only to the
extent they are required by
40 CFR
144.14.
(e) The requirements of this chapter apply to
the owner or operator of a POTW which treats, stores, or disposes of hazardous
waste only to the extent they are included in a hazardous waste management
permit by rule granted to such a person under chapter 11-270.
(g) The requirements of this chapter do not
apply to:
(1) The owner or operator of a
facility permitted, licensed, or registered by the State to manage municipal or
industrial solid waste, if the only hazardous waste the facility treats, stores
or disposes of is excluded from regulation under this chapter by section
11-261-5;
(2) The owner or operator
of a facility managing recyclable materials described in paragraphs
11-261-6(a)(2), 11-261-6(a)(3), and 11-261-6(a)(4) (except to the extent they
are referred to in chapter 11-279 or subchapters C, F, G, or H of chapter
11-266).
(3) A generator accumulating waste on-site in
compliance with section 11-262-34;
(4) A farmer disposing of waste pesticides
from his or her own use in compliance with section 11-262-70; or
(5) The owner or operator of a totally
enclosed treatment facility, as defined in section 11-260-10.
(6) The owner or operator of an elementary
neutralization unit or a wastewater treatment unit as defined in section
11-260-10, provided that if the owner or operator is diluting hazardous
ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in
section 11-268-40, Table Treatment Standards for Hazardous Wastes), or reactive
(D003) waste, to remove the characteristic before land disposal, the
owner/operator must comply with the requirements set out in subsection
11-264-17(b).
(7)
(Reserved)
(8)
(i) Except as provided in subparagraph
(g)(8)(ii) of this section, a person engaged in treatment or containment
activities during immediate response to any of the following situations:
(A) A discharge of a hazardous
waste;
(B) An imminent and
substantial threat of a discharge of hazardous waste;
(C) A discharge of a material which, when
discharged, becomes a hazardous waste;
(D) An immediate threat to human health,
public safety, property, or the environment, from the known or suspected
presence of military munitions, other explosive material, or an explosive
device, as determined by an explosive or munitions emergency response
specialist as defined in section 11-260-10.
(ii) An owner or operator of a facility
otherwise regulated by this chapter must comply with all applicable
requirements of subchapters C and D.
(iii) Any person who is covered by
subparagraph (g)(8)(i) and who continues or initiates hazardous waste treatment
or containment activities after the immediate response is over is subject to
all applicable requirements of this chapter and chapters 11-270 and 11-271 for
those activities.
(iv) In the case
of an explosives or munitions emergency response, if a federal, State, or local
official acting within the scope of his or her official responsibilities, or an
explosives or munitions emergency response specialist, determines that
immediate removal of the material or waste is necessary to protect human health
or the environment, that official or specialist may authorize the removal of
the material or waste by transporters who do not have EPA identification
numbers and without the preparation of a manifest. In the case of emergencies
involving military munitions, the responding military emergency response
specialist's organizational unit must retain records for three years
identifying the dates of the response, the responsible persons responding, the
type and description of material addressed, and its disposition.
(9) A transporter storing
manifested shipments of hazardous waste in containers meeting the requirements
of section 11-262-30 at a transfer facility for a period of ten days or
less.
(10) The addition of
absorbent material to waste in a container (as defined in section 11-260-10 )
or the addition of waste to absorbent material in a container, provided that
these actions occur at the time waste is first placed in the container; and
subsection 11-264-17(b), sections 11-264-171, and 11-264-172 are complied
with.
(11) Universal waste handlers
and universal waste transporters (as defined in section 11-260-10 ) handling
the wastes listed below. These handlers are subject to regulation under chapter
11-273, when handling the below listed universal wastes.
(i) Batteries as described in section
11-273-2;
(ii) Pesticides as
described in section 11-273-3; and
(iii) Thermostats as described in section
11-273-4.
(h)
The requirements of this chapter apply to owners or operators of all facilities
which treat, store, or dispose of hazardous wastes referred to in chapter
11-268.
(i) Section 11-266-205
identifies when the requirements of this chapter apply to the storage of
military munitions classified as solid waste under section 11-266-202. The
treatment and disposal of hazardous waste military munitions are subject to the
applicable permitting, procedural, and technical standards in chapters 11-260
through 11-270.
(j) All references
in tables and appendices to provisions of the Code of Federal Regulations shall
be construed to mean the State rule analogue of the referenced federal
regulation (for example,
40 CFR
260.1 shall be construed to mean section
11-260-1 of the Hawaii Administrative Rules).
