HW rules (2024)
Rules and guidebooks
The Department of Health’s new Hawaii Administrative Rules (HAR) covering hazardous waste and used oil generators and handlers are
effective January 29, 2024.
Each HAR chapter and guidebooks are provided below. Chapters 11-260.1 to 11-279.1, HAR, are in Incorporation By Reference (IBR) format, so most users will find the guidebooks very helpful in understanding the effective content of the regulations.
The “track changes” version of the guidebook shows differences between the July 1, 2022 federal regulations and the Hawaii regulations. Changes from the previous Hawaii regulations are NOT marked. (For changes from previous versions of Hawaii regulations, see “History of recent rule updates” below table.)
Notes:
- Each chapter guidebook contains important information on the first page.
- The guidebook PDFs are indexed. Please use the clickable table of contents and the Adobe bookmark bar to help you navigate the guidebooks.
- How to cite Hawaii Administrative Rules chapters 11-260.1 to 11-279.1 (PDF)
- Click here for more information about e-manifest
HAR chapters and chapter guidebooks
Please report any problems or errors in the guidebooks to [email protected].
History of recent rule updates
January 29, 2024
Explanation of amendments effective January 29, 2024 (PDF)
Significant changes were made to chapters 11-260.1 to 11-265.1 and chapter 11-273.1, HAR. No significant changes to waste- and facility-specific regulations (chapter 11-266.1), land disposal restrictions (chapter 11-268.1), the hazardous waste permitting program (chapters 11-270.1 and 11-271.1), or used oil regulations (chapter 11-279.1) were included in this rulemaking.
March 5, 2024 webinar links and citations (PDF) | March 5, 2024 webinar slides (PDF)
Major changes
(1) Adopted new EPA rule: Modernizing Ignitable Liquids Determinations
This rule updates allowed testing methods related to the flashpoint of liquid waste and air sampling to align with current ASTM and EPA standards and allow alternatives to tests requiring use of mercury thermometers. It also codifies existing EPA guidance defining aqueous as “at least 50 percent water by weight” in relation to the exclusion of certain aqueous alcohol-containing wastes and updates references to Department of Transportation regulations. [85 FR 40594]
(2) Adopted new EPA rule: Conforming Changes to Canada-Specific Hazardous Waste Import-Export Recovery and Disposal Operation Codes
This rule makes changes related to codes used in hazardous waste export and import notices submitted to EPA. The changes conform with Canadian regulatory change to codes representing certain waste recovery and disposal operations. EPA requires the department’s authorized hazardous waste program to adopt this rule. [86 FR 54381]
(3) Universal waste solar panels: Add universal waste management standards allowing universal waste handlers to remove frames from solar panels when complying with conditions [in 40 CFR section 273.13(g)(3) and (4) and 273.33(g)(3) and (4), as incorporated and amended in chapter 11-273.1, HAR].
Under the proposed management standards for universal waste solar panels, handlers may remove the panels’ frames without a hazardous waste treatment permit. The metal frames can be recycled locally, and this will significantly reduce shipping costs for the remainder of the solar panel because panels can be stacked more closely within a shipping container. Conditions are included to ensure that de-framing is conducted in a manner that protects human health and the environment. This rule change has been requested by regulated entities.
(4) Universal waste electronic items
(a) Add universal waste management standards allowing universal waste handlers to drill holes in or crush electronic storage media when complying with conditions [in 40 Code of Federal Regulations (CFR) section 273.13(f)(6) and 273.33(f)(6), as incorporated and amended in chapter 11-273.1, HAR].
Under the proposed management standards for universal waste electronic items, handlers may drill holes in or crush hard drives, solid state drives, or similar electronic storage media for the purpose of meeting data security standards or media sanitization standards without a hazardous waste permit. Conditions are included to ensure that drilling or crushing is conducted in a manner that protects human health and the environment. This rule change has been requested by regulated entities.
(b) Clarify language allowing universal waste handlers to remove discrete components that are typically removed by consumers for replacement during the normal operation of an electronic item [in 40 CFR section 273.13(f)(4)(iii) and 273.33(f)(4)(iii), as incorporated and amended in chapter 11-273.1, HAR].
(c) Add an option for handlers of universal waste to label a designated universal waste electronic item storage area demarcated by boundaries rather than labeling each electronic item or container or pallet containing electronic items [in 40 CFR section 273.14(g) and 273.34(g), as incorporated and amended in chapter 11-273.1, HAR].
(5) Universal waste batteries: Add an option for handlers of universal waste to label a designated universal waste battery storage area demarcated by boundaries rather than labeling each battery or container or pallet containing batteries [in 40 CFR section 273.14(a) and 273.34(a), as incorporated and amended in chapter 11-273.1, HAR].
(6) Change the requirement for small quantity generator posting of emergency information from “next to telephones and in areas directly involved in the generation and accumulation of hazardous waste” to “in areas directly involved in the generation and accumulation of hazardous waste or, if cellular telephones cannot be safely used in these areas, next to the nearest telephones” [in 40 CFR section 262.16(b)(9)(ii), as incorporated and amended in chapter 11-262.1, HAR].
Small quantity generators must currently post emergency information both in areas where hazardous waste is generated and stored and next to telephones on their site. Due to the ubiquitous presence of cell phones at most sites, the department is proposing to alleviate burden on the generators by requiring the information to be posted only in areas where hazardous waste is generated and stored. For sites where cell phones cannot be used safely in areas of hazardous waste generation and accumulation, the information would instead be required to be posted only next to the nearest telephone. This rule change has been requested by regulated entities.
June 7, 2021 rules
January 2021 explanation of proposed amendments
Significant changes were made to chapters 11-260.1, 11-261.1, 11-262.1, 11-266.1, and 11-273.1, HAR. No significant changes to management standards for transporters (chapter 11-263.1), management standards for treatment, storage, and disposal facilities (TSDFs; chapters 11-264.1 and 11-265.1), land disposal restrictions (LDRs; chapter 11-268.1), the hazardous waste permitting program (chapters 11-270.1 and 11-271.1), or used oil regulations (chapter 11-279.1) were included in this rulemaking, with the exception of applying LDRs to the new type of waste management facility “Reverse Distributor”.
Major changes
(1) Adopted new EPA rule with state changes: Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine
This rule establishes streamlined standards for handling hazardous waste pharmaceuticals to better fit the operations of the healthcare sector while maintaining protection of human health and the environment. Retailers of electronic nicotine delivery systems (ENDS; e.g., electronic cigarettes and nicotine e-liquids) are also subject to streamline standards for handling these wastes.
Note: In the federal rule, ENDS are included in the definition of pharmaceuticals and retailers of ENDS are thereby included in the definition of healthcare facility. The state separates healthcare facilities and ENDS retailers as two different categories of hazardous waste generators.
This federal rule also removes FDA-approved, over-the-counter nicotine replacement therapies (nicotine patches, gums, and lozenges) from the P075 listing for nicotine, meaning these products are no longer hazardous wastes. The state adopted this change to the P075 listing in its June 25, 2020 rules.
Webinar on pharmaceuticals rule, recorded June 23, 2021: Selected slides (with resource links) 6/23/21, EPA pharmaceuticals rule adoption maps
(2) Adopted new EPA rule: Increasing Recycling: Adding Aerosol Cans to the Universal Waste Regulations
This rule establishes streamlined standards for handling hazardous waste aerosol cans under the universal waste program while maintaining protection of human health and the environment.
(3) Added solar panels as a category of universal waste
This rule establishes streamlined standards for handling hazardous waste solar panels under the universal waste program while maintaining protection of human health and the environment.
Webinar on UW rules, recorded June 30, 2021: Selected slides 6/30/21
June 25, 2020 rules
December 2019 explanation of proposed amendments
Video of Q&A on June 25, 2020 rules changes, recorded June 30, 2020. Note: The answer to the last questions is that used FDA-approved OTC nicotine replacement gums, patches, and lozenges are not hazardous waste.
Significant changes were made to chapters 11-260.1 to 11-265.1, HAR. No significant changes to waste- and facility-specific regulations (chapter 11-266.1), land disposal restrictions (chapter 11-268.1), the hazardous waste permitting program (chapters 11-270.1 and 11-271.1), universal waste regulations (chapter 11-273.1), or used oil regulations (chapter 11-279.1) were included in this rulemaking.
September 30, 2018 rules
Hawaii is an authorized state for the U.S. Environmental Protection Agency (EPA)’s national hazardous waste program implementing the Resource Conservation and Recovery Act (RCRA), Subtitle C. In order to maintain authorization and EPA funding for this program, Hawaii is required by the Code of Federal Regulations (CFR), Title 40 Part 271 (40 CFR 271) to adopt state rules equivalent to and at least as stringent as the program’s federal regulations, which are found in 40 CFR parts 124 and 260 to 279.The proposed amendments to chapters 11-260.1 to 11-279.1, HAR, are in response to changes made by EPA to the federal rules. The department proposes to adopt rules equivalent to two new EPA rules by amending the incorporation by reference of the federal regulations in chapters 11-260.1 to 11-279.1 from the July 1, 2016 version of the CFR to the July 1, 2017 version.
The contents of the two new federal rules to be adopted are as follows:
(1) Imports and Exports of Hazardous Waste
This rule amends existing regulations regarding the export and import of hazardous wastes from and into the United States. EPA is making these changes to provide greater protection to human health and the environment by making existing export and import related requirements more consistent with the current import-export requirements for shipments between members of the Organization for Economic Cooperation and Development (OECD); enable electronic submittal to EPA of all export and import-related documents (e.g., export notices, export annual reports); and enable electronic validation of consent in the Automated Export System (AES) for export shipments subject to RCRA export consent requirements prior to exit.
(2) Hazardous Waste Generator Rule Improvements
This rule amends the existing hazardous waste generator regulatory program by reorganizing the hazardous waste generator regulations to make them more user-friendly and thus improve their usability by the regulated community; providing a better understanding of how the RCRA hazardous waste generator regulatory program works; addressing gaps in the existing regulations to strengthen environmental protection; providing greater flexibility for hazardous waste generators to manage their hazardous waste in a cost-effective and protective manner; and making technical corrections and conforming changes to address inadvertent errors and remove obsolete references to programs that no longer exist.
New requirements to improve environmental protection:
- Small Quantity Generators (SQGs)
- Re-notify every four years beginning in 2021
- Large Quantity Generators (LQGs)
- Notify of container storage area or facility closure; clean closure performance standards
- Submit quick reference guide with contingency plan
- Additional precautions for containers holding ignitable and reactive wastes (including “no smoking” signs)
- SQGs and LQGs
- Document compliance with accumulation time limits for tanks using logs, monitoring equipment, or other records
- Label containers with hazardous waste numbers (or bar codes carrying this information) before transport
- Follow labeling and incompatible waste requirements in satellite accumulation areas (same as central accumulation areas)
- Document hazardous waste determinations
- Document arrangements (or attempts to make arrangements) with local emergency responders
- SQGs, LQGs, and Treatment, Storage and Disposal Facilities (TSDFs)
- Label containers and tanks “hazardous waste” and an indication of the hazards of the contents
- Facilities recycling hazardous waste (without prior storage)
- Biennial hazardous waste report
Provisions to increase flexibility:
- Allow very small quantity generators (VSQGs; currently known as “conditionally exempt small quantity generators” or CESQGs) to send hazardous waste to an LQG owned by the same company. The LQG consolidates the waste and manages it under more protective requirements (the same requirements as if the waste were generated by the LQG).
- Allow VSQGs and SQGs to maintain their existing generator category in the case of a one-time event (such as a clean out of old chemicals) where they generate more hazardous waste than usual. Generators that satisfy the listed conditions would not have to comply with the more stringent generator category standards when their generation temporarily increases.
- Allow LQGs to apply to local fire departments to receive a waiver allowing storage of ignitable or reactive waste within 50 feet of facility boundary if appropriate and safe.
July 17, 2017 rules
This was a major update, adopting the new chapters 11-260.1 to 11-279.1, Hawaii Administrative Rules (HAR), in Incorporation by Reference (IBR) format.
November 2016 detailed description of proposed changes
March 2017 detailed description of proposed changes
FAQs / August 22, 2017 meeting handout