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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