Solid & Hazardous Waste Branch

Public hearing notice & Ka Pa’akai statement (PDF)

Public hearing notice

Public Notice (to be published in newspapers by 7/16/2026)
The State of Hawaii Department of Health will hold a public hearing for the proposed amendment of Hawaii Administrative Rules chapters 11-260.1 to 11-279.1, which regulate businesses that generate or manage hazardous wastes and used oil. The proposed amendments align state regulations with updates to the US Environmental Protection Agency’s federal hazardous waste management program, conform terminology for universal waste accumulation, improve clarity, and correct formatting and typographical errors.

The proposed amendments are posted online at health.hawaii.gov/shwb/hazwaste and can be viewed at 2827 Waimano Home Rd #100 Pearl City, Mon-Fri, 8am-4pm (except state holidays). Copies will be mailed on request and payment of a 5 cent/page copy fee and postage; call 808-586-4226 to request.

The public hearing will be at 10am on August 27, 2026, at the Department of Health first floor Boardroom at 1250 Punchbowl St, Honolulu. All interested parties may attend and present relevant information, comments, and opinions, including but not limited to the ways in which the proposed amendments may impair or otherwise impact Native Hawaiian rights, traditions, and practices. To request an auxiliary aid or service (e.g. ASL interpreter, large print), call Noa at 808-586-4226 (voice/TDD) or e-mail [email protected] as soon as possible to allow adequate time to fulfill your request.

Anyone unable to attend may send written testimony to Attn: Noa Klein – CHIO, 1250 Punchbowl Street, Honolulu, HI 96813 or [email protected]. Testimony must be received by September 3.

Ka Pa’akai statement

The Hazardous Waste Management rules (chapters 11-260.1 to 11-279.1, Hawaii Administrative Rules) are designed to protect human health and the environment from pollution caused by mismanagement of hazardous waste and used oil. The Department of Health does not anticipate that the proposed amendments to these rules will impair or otherwise impact Native Hawaiian rights, traditions, and practices. Nevertheless, the Department welcomes input from stakeholders who may hold a different view.

 

Proposed amendments (PDF)

Summary explanation of proposed amendments (PDF)

Detailed list of proposed changes & citation crosswalk (PDF)

 

Explanation of proposed amendments

Most of the proposed changes in this rulemaking action are in response to changes EPA has made to the federal hazardous waste rules, which are incorporated by reference (with amendments) in the Department’s rules. This rulemaking updates the State’s incorporation of the federal rules from the July 1, 2024 version of the CFR to the July 1, 2025 version, effectively adopting four new EPA rules.

The new federal rules to be adopted are as follows:

(1) Integrating e-Manifest With Hazardous Waste Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections
This rule makes changes to the manifest regulations, including changes to timelines for exception reports, electronic reporting for discrepancy, exception, and unmanifested waste reports, e-Manifest data correction requirements, changes to the paper manifest form, and changes to manifest regulations for hazardous waste import and export shipments, including a new requirement for export manifests to be submitted to the e-Manifest system. The rule also makes changes to manifest regulations for and shipments of polychlorinated biphenyl (PCB) waste under 40 CFR part 761, but the PCB program is not delegated to states, so these changes are not adopted in State regulations. [89 FR 60692; 89 FR 86758 for corrections] Note: Most of the changes in this rule were adopted by EPA under e-Manifest Act authority and already became effective within the State on the federal effective dates. Adopting these changes into the State regulations will make this clearer for regulated businesses operating within the State, but does not change the requirements that apply to them.

(2) Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020
This rule establishes an emissions reduction and reclamation program for the management of hydrofluorocarbons during the service, repair, and disposal of equipment using refrigerants containing hydrofluorocarbons and certain substitutes in 40 CFR Part 84. The only part of this rule adopted within the hazardous waste rules (in this rulemaking) is a new set of standards for lower flammability ignitable spent refrigerants being recycled for reuse. These changes include applying emergency preparedness and response requirements to facilities receiving these spent refrigerants for recycling. [89 FR 82682]

(3) Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections
This rule is a follow-up to an earlier federal rule, finalizing technical corrections that were previously withdrawn by EPA. Some of the corrections finalized by this rule have already been adopted by the State. The changes are minor technical corrections to major federal rules that were adopted by the State in earlier rulemakings. [89 FR 99727; 90 FR 9010 for change to effective date]

(4) Clean Water Act Section 404 Tribal and State Assumption Program
This rule facilitates Tribal and State assumption and administration of Clean Water Act section 404 programs. The only part of this rule adopted within the hazardous waste rules (in this rulemaking) are technical revisions removing outdated references to the section 404 Tribal and State program regulations from 40 CFR part 124 subpart A, which is incorporated by reference in chapter 11-271.1, HAR. These do not result in any substantive changes to the State rules. [89 FR 103454]

Additional state-initiated changes are proposed as follows:

(5) Improve consistency of terminology for universal waste accumulation
We proposed to replace “storage area” with “accumulation area” in 40 CFR sections 273.14(a), (g), and (h) and 273.34(a), (g), and (h), as incorporated and amended in chapter 11-273.1, HAR, to improve internal consistency. The word “storage” was inadvertently added in previous state-initiated changes to chapter 11-273.1, HAR. 40 CFR sections 273.15 and 273.35, as incorporated and amended in chapter 11-273.1, HAR, refer to “accumulation time limits” and small and large quantity handlers of universal waste are defined based on the amount of universal waste they “accumulate” at one time (40 CFR sections 273.9, as incorporated and amended in chapter 11-273.1, HAR).

(6) Additional corrections to improve clarity and consistency with HAR formatting, and to correct typographical errors.