Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 266.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Part 266 - STANDARDS FOR THE MANAGEMENT OF SPECIFIC HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE MANAGEMENT FACILITIES
Subpart P - Hazardous Waste Pharmaceuticals and Hazardous Waste Electronic Nicotine Delivery Systems
Section 11-266.506 - Conditional exemptions for hazardous waste pharmaceuticals that are also controlled substances and household waste pharmaceuticals and household waste electronic nicotine delivery systems collected in a takeback event or program
Universal Citation: HI Admin Rules 11-266.506
Current through January, 2025
(a) Conditional exemptions. Provided the conditions of paragraph (b) of this section are met, the following are exempt from 40 CFR parts 262 through 273:
(1) Hazardous waste pharmaceuticals that are
also listed on a schedule of controlled substances by the Drug Enforcement
Administration in 21 CFR part 1308, and
(2) Household waste pharmaceuticals and
household waste electronic nicotine delivery systems that are collected in a
take-back event or program, including those that are collected by an authorized
collector (as defined by the Drug Enforcement Administration) registered with
the Drug Enforcement Administration that commingles the household waste
pharmaceuticals and household waste electronic nicotine delivery systems with
controlled substances from an ultimate user (as defined by the Drug Enforcement
Administration).
(b) Conditions for exemption. The hazardous waste pharmaceuticals and hazardous waste electronic nicotine delivery systems must be:
(1) Managed in compliance with the sewer
prohibition of § 266.505; and
(2) Collected, stored, transported, and
disposed of in compliance with all applicable Drug Enforcement Administration
regulations for controlled substances; and
(3) Destroyed by a method that Drug
Enforcement Administration has publicly deemed in writing to meet their
non-retrievable standard of destruction or combusted at one of the following:
(i) A permitted large municipal waste
combustor, subject to 40 CFR part 62 subpart FFF or applicable state plan for
existing large municipal waste combustors, or 40 CFR part 60 subparts Eb for
new large municipal waste combustors; or
(ii) A permitted small municipal waste
combustor, subject to 40 CFR part 62 subpart JJJ or applicable state plan for
existing small municipal waste combustors, or 40 CFR part 60 subparts AAAA for
new small municipal waste combustors; or
(iii) A permitted hospital, medical and
infectious waste incinerator, subject to 40 CFR part 62 subpart HHH or
applicable state plan for existing hospital, medical and infectious waste
incinerators, or 40 CFR part 60 subpart Ec for new hospital, medical and
infectious waste incinerators; or
(iv) A permitted commercial and industrial
solid waste incinerator, subject to 40 CFR part 62 subpart III or applicable
state plan for existing commercial and industrial solid waste incinerators, or
40 CFR part 60 subpart CCCC for new commercial and industrial solid waste
incinerators;
or
(v)
A permitted hazardous waste combustor subject to 40 CFR part 63 subpart
EEE.
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