HW Proposed Rule Changes
Public hearing notice – published in newspapers October 11, 2024
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 handle hazardous wastes and used oil. Proposed amendments align state regulations with updates to the US Environmental Protection Agency’s federal hazardous waste management program, update the after-hours phone number for contacting Department on-scene coordinators in an emergency, and apply emergency preparedness requirements to intermediate and reclamation facilities handling hazardous secondary materials. Changes are also proposed to correct typographical errors and cross-references.
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 November 13, 2024 at the Solid & Hazardous Waste Branch at 2827 Waimano Home Rd #100 Pearl City. All interested parties may attend to present relevant information and individual opinion. 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: HW Rules 2827 Waimano Home Rd #100 Pearl City, HI 96782 or [email protected]. Testimony must be received by November 20.
Proposed amendments (PDF)
Explanation of proposed amendments
Explanation of proposed amendments (PDF)
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, 2022 version of the CFR to the July 1, 2024 version, effectively adopting two new EPA rules.
The new federal rules to be adopted are as follows:
(1) Hazardous Waste Generator Improvements Rule, the Hazardous Waste Pharmaceuticals Rule, and the Definition of Solid Waste Rule; Technical Corrections
This direct final rule makes technical corrections to correct and/or clarify existing regulations in three major federal rules and other minor corrections in the same parts of the federal rules. The three rules being corrected have already been adopted by the State via incorporation by reference of the federal rules. Examples of the types of corrections being made in this rule include correcting typographical errors, correcting incorrect or outdated citations, making minor clarifications, and updating addresses. [88 FR 54086; for withdrawal of certain provisions, see also 88 FR 84713]
(2) EPA Method 23—Determination of Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans from Stationary Sources
This rule allows owners and operators of certain boilers and furnaces that are burning or processing hazardous wastes to use of EPA method 23, detailed in 40 CFR part 60 appendix A-7, as an alternative to SW-846 method 0023A to determine emission rates of chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs). [88 FR 16732]
Additional state-initiated changes are proposed as follows:
(3) Update the phone number for contacting the Department’s on-scene coordinators after business hours
The State rules require notification of the Department’s Hazard Evaluation and Emergency Response (HEER) Office’s on-scene coordinators in addition to EPA’s National Response Center in the event of an emergency such as a fire, explosion, or release that could threaten human health outside the boundaries of a hazardous waste facility. The currently listed phone number for contacting the on-scene coordinators after business hours is still functional, but the updated phone number will provide faster response through an improved trunk line (a central phone line that disperses into multiple lines) handling inbound calls at the State Hospital.
(4) Apply the emergency preparedness requirements in 40 CFR part 261 subpart M, as incorporated and amended in chapter 11-261.1, HAR, to intermediate or reclamation facilities handling hazardous secondary materials
The Department’s interpretation of court ordered vacaturs for the Definition of Solid Waste Rule differed from EPA’s interpretation [see 83 FR 24664], which has been clarified through work on the Technical Corrections rule. This change re-aligns the State rules with the federal rules and is needed to maintain State rules that are at least as stringent as the federal rules.
(5) Additional corrections to typographical errors