Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT
Subpart G - Petitions To Include Other Wastes Under 40 CFR Part 273
Section 11-273.80 - General

(a) Except as provided in paragraph (d) of this section, any person seeking to add a hazardous waste or category of hazardous waste to this part may petition for a regulatory amendment under this subpart and 40 CFR 260.20 and 260.23.

(b) To be successful, the petitioner must demonstrate to the satisfaction of the director that regulation under the universal waste regulations of 40 CFR part 273 is: appropriate for the waste or category of waste; will improve management practices for the waste or category of waste; and will improve implementation of the hazardous waste program. The petition must include the information required by 40 CFR 260.20(b). The petition should also address as many of the factors listed in 40 CFR 273.81 as are appropriate for the waste or waste category addressed in the petition.

(c) The director will evaluate petitions using the factors listed in 40 CFR 273.81. The director will grant or deny a petition using the factors listed in 40 CFR 273.81. The decision will be based on the weight of evidence showing that regulation under 40 CFR part 273 is appropriate for the waste or category of waste, will improve management practices for the waste or category of waste, and will improve implementation of the hazardous waste program.

(d) Hazardous waste pharmaceuticals and hazardous waste electronic nicotine delivery systems are regulated by 40 CFR part 266 subpart P and may not be added as categories of hazardous waste for management under this part.