HW rules (2021)
Webinars & resources on new rules:
Rules and guidebooks
The Department of Health’s new Hawaii Administrative Rules (HAR) covering hazardous waste and used oil generators and handlers are
effective June 7, 2021.
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, 2020 federal regulations and the Hawaii regulations. Changes from the previous Hawaii regulations are NOT marked. (For changes from the June 25, 2020 Hawaii regulations, see “History of
recent rule updates” below table.)
- 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
- Click here for more information about e-manifest
HAR chapters and chapter guidebooks
June 7, 2021 rules
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”.
(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.
(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
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:
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.
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.