Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Section 11-273.1-4 - Amendments to the incorporation of 40 C.F.R. part 273, subpart B

Universal Citation: HI Admin Rules 11-273.1-4

Current through February, 2024

(a) The incorporation by reference of 40 C.F.R. section 273.13 is amended as follows:

(1) In 40 C.F.R section 273.13(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and (e)(4)(v) replace " 40 CFR parts 260 through 272 " with "chapters 11-260.1 to 11-270.1".

(2) In 40 C.F.R. section 273.13(e)(4)(vi), replace "or" with "and".

(3) Add a subsection (f) to read: "(f) Electronic items. A small quantity handler of universal waste must manage electronic items in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Electronic items shall be stored in (i) A building, with a permanent roof and floor, that is constructed and maintained to minimize breakage of electronic items and to prevent exposure of the electronic items to precipitation; or (ii) A closed and secure container that is constructed and maintained to minimize breakage of electronic items and to prevent exposure of the electronic items to precipitation.

(2) All universal waste electronic items must be stored in a building or container meeting the requirements of paragraph (1) within 24 hours of being discarded.

(3) A small quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic item that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed, structurally sound, and compatible with the contents of the electronic item, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(4) A small quantity handler of universal waste may conduct the following activities:
(i) Sorting electronic items by type;

(ii) Mixing electronic item types in one container;

(iii) Removal of discreet assemblies that are typically removed by consumers for replacement during the normal operation of an electronic item (e.g., battery packs, ink cartridges). A universal waste handler shall conduct the removal of the discrete assemblies in the manner that is prescribed in the operating manual for the electronic item, or in a manner that would otherwise reasonably be employed during the normal operation of the electronic item.

(iv) Removal of separable non-electronic pieces that are intended for assembly by retailers or consumers (e.g., monitor saucer, wall hanging bracket, cell phone case).

(5) A small quantity handier who generates other solid waste (e.g., battery packs, monitor saucers) as a result of the activities listed in paragraph (4) shall make a hazardous waste determination pursuant to 40 C.F.R. section 262.11, as incorporated and amended in section 11-262.1-1.
(i) If the waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of chapters 11-260.1 to 11-270.1. If the waste is another type of universal waste (e.g., a battery), it may be alternatively managed under this chapter. The handler is considered the generator of the waste and is subject to chapter 11-262.1.

(ii) If the waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, and local solid waste regulations."

(4) Add a subsection (g) to read: "(g) Solar panels. A small quantity handler of universal waste must manage solar panels in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows:
(1) Solar panels shall be stored in a manner that prevents breakage and release of any constituent of a solar panel to the environment under reasonably foreseeable conditions. A container or other method of storage (e.g., stretch-film wrapped panels on a pallet) used must prevent breakage, leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Intact solar panels need not be contained to meet this standard.

(2) A small quantity handler of universal waste shall immediately clean up and place in a container any universal waste solar panel that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed, structurally sound, and compatible with the contents of the solar panel, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.

(3) A small quantity handler of universal waste may conduct the following activities:
(i) Sorting solar panels by type;

(ii) Mixing solar panel types in one container, on one pallet, or in one demarcated storage area;

(iii) Removal of ancillary components that are typically removed for replacement during the normal operation and maintenance of a solar photovoltaic system (e.g., connectors, junction boxes, batteries, inverters). A universal waste handler shall conduct the removal of the ancillary components in the manner that is prescribed in the operating manual for the solar photovoltaic system, or in a manner that would otherwise reasonably be employed during the normal operation and maintenance of the solar photovoltaic system.

(4) A small quantity handler who generates other solid waste (e.g., batteries, inverters) as a result of the activities listed in paragraph (3) shall make a hazardous waste determination pursuant to 40 C.F.R. section 262.11, as incorporated and amended in section 11-262.1-1.
(i) If the waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of chapters 11-260.1 to 11-270.1.

(ii) If the waste is another type of universal waste (e.g., a battery, an electronic item), it may be alternatively managed under this chapter. The handler is considered the generator of the waste and is subject to applicable requirements of chapter 11-262.1 and this chapter.

(iii) If the waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, and local solid waste regulations."

(b) The incorporation by reference of 40 C.F.R. section 273.14 is amended as follows:

(1) In 40 C.F.R. section 273.14(a), replace "Universal waste batteries (i.e., each battery), or a container in which the batteries are contained" with "Each battery, or container or pallet containing universal waste batteries".

(2) In 40 C.F.R. section 273.14, add a subsection (g) to read: "(g) Each electronic item, or container or pallet containing universal waste electronic items, must be labeled or marked clearly with one of the following phrases: "Universal Waste-electronic item(s)", or "Waste electronic item(s)", or "Used electronic item(s)"."

(3) In 40 C.F.R. section 273.14, add a subsection (h) to read: "(h) Each solar panel, container or pallet containing solar panels, or designated universal waste solar panel storage area demarcated by boundaries, must be labeled or marked clearly with one of the following phrases: "Universal Waste solar panel(s)", or "Waste solar panel(s)", or "Used solar panel(s)"."

(c) The incorporation by reference of 40 C.F.R. section 273.17 is amended as follows: in 40 C.F.R. section 273.17(b), replace " 40 CFR parts 260 through 272 " with "chapters 11-260.1 to 11-270.1".

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