Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 268 - HAZARDOUS WASTE MANAGEMENT LAND DISPOSAL RESTRICTIONS
Subchapter A - GENERAL
Section 11-268-7 - Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities

(1) Determine if the waste has to be treated before being land disposed, as follows: A generator of a hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in section 11-268-40 or 11-268-45. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as referenced in section 11-260-11, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed. These treatment standards are also found in section 11-268-40, and are described in detail in section 11-268-42, Table 1. These wastes do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they must comply with the special requirements of section 11-268-9 in addition to any applicable requirements in this section.

(2) If the waste does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column "11-268-7(a)(2) '' of the Generator Paperwork Requirements Table in subsection (a)(4). No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.

(3) If the waste meets the treatment standard at the original point of generation:

(4) For reporting, tracking and recordkeeping when exceptions allow certain wastes that do not meet the treatment standards to be land disposed: There are certain federal exemptions from the requirement that hazardous wastes meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under 40 CFR 268.5, disposal in a no-migration unit under 40 CFR 268.6, or a national capacity variance or case-by-case capacity variance under 40 CFR subpart C. If a generator's waste is so exempt under federal law and if the generator has received a similar exemption from the department with respect to that waste, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "11-268-7(a) (4) '' of the Generator Paperwork Requirements Table below. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files.

(5) If a generator is managing and treating prohibited waste in tanks, containers, or containment buildings regulated under section 11-262-34 to meet applicable LDR treatment standards found in section 11-268-40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, section 11-268-45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met:

(6) If a generator determines that the waste is restricted based solely on his or her knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in section 11-260-11, and all waste analysis data must be retained on-site in the generator's files.

(7) If a generator determines that he or she is managing a restricted waste that is excluded from the definition of hazardous or solid waste or exempt from regulation under sections 11-261-2 through 11-261-6 subsequent to the point of generation (including deactivated characteristic hazardous waste managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified in section 11-261-4(a)(2), or are CWA-equivalent), he or she must place a one-time notice stating such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from regulation under sections 11-261-2 through 11-261-6, and the disposition of the waste, in the facility's file.

(8) Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director. The requirements of this subsection apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under sections 11-261-2 through 11-261-6, or exempted from regulation, subsequent to the point of generation.

(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at section 11-268-42(c):

(10) Small quantity generators with tolling agreements pursuant to subsection 11-262-20(e) must comply with the applicable notification and certification requirements of subsection (a) of this section for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director.

(1) For wastes with treatment standards expressed as concentrations in the waste extract (TCLP), the owner or operator of the treatment facility must test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 11-260-11 ), to assure that the treatment residues extract meet the applicable treatment standards.

(2) For wastes with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.

(3) A one-time notice must be sent with the initial shipment of waste to the land disposal facility. A copy of the notice must be placed in the treatment facility's file.

(4) The treatment facility must submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification must state: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in section 11-268-40, Hawaii Administrative Rules without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."

(5) If the waste or treatment residue will be further managed at a different treatment or storage facility, the treatment, storage or disposal facility sending the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this section.

(6) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of subsection 11-266-20(b) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) is not required to notify the receiving facility, pursuant to paragraph (b)(4) of this section. With each shipment of such wastes the owner or operator of the recycling facility must submit a certification described in paragraph (b)(5) of this section, and a notice which includes the information listed in paragraph (b)(4) of this section (except the manifest number) to the director, or his or her delegated representative. The recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.

(1) Have copies of the notice and certifications specified in subsection (a) or (b) of this section.

(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure) , described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as incorporated by reference in section 11-260-11 ), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in subchapter D of this chapter. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by section 11-264-13 or 11-265-13.

(1) A one-time notification, including the following information, must be submitted to the director:

(2) The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under paragraph 11-261-2(e)(1), if a different type of debris is treated or if a different technology is used to treat the debris.

(3) For debris excluded under paragraph 11-261-3(e)(1), the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table 1, section 11-268-45, as follows: