Section 11-273.1-5 - Amendments to the incorporation of 40 C.F.R. part 273, subpart C(a) The incorporation by reference of 40 C.F.R. section 273.32 is amended as follows: replace 40 C.F.R. section 273.32(b) in its entirety to read: "(b) This notification must include a completed EPA Form 8700-12. To obtain EPA Form 8700-12, call the department at (808) 586-4226."(b) The incorporation by reference of 40 C.F.R. section 273.33 is amended as follows: (1) In 40 C.F.R. section 273.33(a)(3)(i), (c)(2)(iii), (c)(2)(iv), (c)(4)(ii), and (e)(4)(v), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1".(2) In 40 C.F.R. section 273.33(e)(4)(vi), replace "or" with "and".(3) Add a subsection (f) to read: "(f) Electronic items. A large quantity handler of universal waste must manage electronic items in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) Electronic items shall be stored in: (i) A building, with a permanent roof and floor, that is constructed and maintained to minimize breakage of electronic items and to prevent exposure of the electronic items to precipitation; or(ii) A closed and secure container that is constructed and maintained to minimize breakage of electronic items and to prevent exposure of the electronic items to precipitation.(2) All universal waste electronic items must be stored in a building or container meeting the requirements of paragraph (1) within 24 hours of being discarded.(3) A large quantity handler of universal waste shall immediately clean up and place in a container any universal waste electronic item that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed, structurally sound, and compatible with the contents of the electronic item, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(4) A large quantity handler of universal waste may conduct the following activities: (i) Sorting electronic items by type;(ii) Mixing electronic item types in one container;(iii) Removal of discrete components that are typically removed by consumers for replacement during the normal operation of an electronic item (e.g., battery packs, hard drives, solid state drives). A universal waste handler shall conduct the removal of the discrete components in the manner that is prescribed in the operating manual for the electronic item, or in a manner that would otherwise reasonably be employed during the normal operation of the electronic item; and(iv) Removal of separable nonelectronic pieces that are intended for assembly by retailers or consumers (e.g., monitor saucer, wall hanging bracket, cell phone case).(5) A large quantity handler who generates other solid waste (e.g., battery packs, monitor saucers) as a result of the activities listed in paragraph (4) shall make a hazardous waste determination pursuant to 40 C.F.R. section 262.11, as incorporated and amended in section 11-262.1-1. (i) If the waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of chapters 11-260.1 to 11-270.1. If the waste is another type of universal waste (e.g., a battery), it may be alternatively managed under this chapter. The handler is considered the generator of the waste and is subject to chapter 11-262.1.(ii) If the waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, and local solid waste regulations.(6) A large quantity handler of universal waste who drills holes in or crushes hard drives, solid state drives, or similar electronic storage media for the purpose of meeting data security standards or media sanitization standards must meet the following requirements: (i) Establish and follow a written procedure detailing how to safely drill holes in or crush the electronic storage media (including proper assembly, operation, and maintenance of the drilling or crushing device and proper waste management practices to prevent releases); maintain a copy of the written procedure on site; and ensure employees conducting drilling or crushing are trained in the proper procedure;(ii) Conduct drilling or crushing over a catchment area or container and immediately collect and containerize any debris generated during the procedure;(iii) Ensure that all debris and electronic storage media are confined to a container that: (A) Is structurally sound;(B) Is compatible with the contents of the waste;(C) Lacks evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions; and(D) Remains closed except when drilling, crushing, or adding waste; and(iv) Manage the resulting debris and electronic storage media as universal waste electronic items."(4) Add a subsection (g) to read: "(g) Solar panels. A large quantity handler of universal waste must manage solar panels in a way that prevents releases of any universal waste or component of a universal waste to the environment, as follows: (1) Solar panels shall be stored in a manner that prevents breakage and release of any constituent of a solar panel to the environment under reasonably foreseeable conditions. A container or other method of storage (e.g., stretch-film wrapped panels on a pallet) used must prevent breakage, leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. Intact solar panels need not be contained to meet this standard.(2) A large quantity handler of universal waste shall immediately clean up and place in a container any universal waste solar panel that shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. The container shall be closed, structurally sound, and compatible with the contents of the solar panel, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions.(3) A large quantity handler of universal waste may conduct the following activities: (i) Sorting solar panels by type;(ii) Mixing solar panel types in one container, on one pallet, or in one demarcated storage area;(iii) Removal of ancillary components that are typically removed for replacement during the normal operation and maintenance of a solar photovoltaic system (e.g., connectors, junction boxes, batteries, inverters). A universal waste handler shall conduct the removal of the ancillary components in the manner that is prescribed in the operating manual for the solar photovoltaic system, or in a manner that would otherwise reasonably be employed during the normal operation and maintenance of the solar photovoltaic system; and(iv) Manual or mechanical separation of framing from solar panel glass, provided the following conditions are met: (A) All reasonable efforts shall be made to minimize breakage of solar panel glass;(B) Solar panels with framing removed shall be stored in a horizontal stack and shall be stretch-film wrapped as soon as practicable or at the end of each work shift;(C) Solar panels with framing removed shall be stored in: (1) A building, with a permanent roof and floor, that is constructed and maintained to minimize breakage of solar panels and to prevent exposure of the solar panels to precipitation; or(2) A closed and secure container that is constructed and maintained to minimize breakage of solar panels and to prevent exposure of the solar panels to precipitation; (D) Separated metal framing is recycled; and(E) Broken pieces of solar panel glass shall be cleaned up and placed in a container at the end of each work shift during which framing is removed from solar panels. The container shall be closed, structurally sound, and compatible with the contents of the solar panel, and shall lack evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable conditions. These pieces must be managed as universal waste.(4) A large quantity handler who generates other solid waste (e.g., batteries, inverters) as a result of the activities listed in paragraph (3) shall make a hazardous waste determination pursuant to 40 C.F.R. section 262.11, as incorporated and amended in section 11-262.1-1. (i) If the waste exhibits a characteristic of hazardous waste, it is subject to all applicable requirements of chapters 11-260.1 to 11-270.1.(ii) If the waste is another type of universal waste (e.g., a battery, an electronic item), it may be alternatively managed under this chapter. The handler is considered the generator of the waste and is subject to applicable requirements of chapter 11-262.1 and this chapter.(iii) If the waste is not hazardous, the handler may manage the waste in any way that is in compliance with applicable federal, state, and local solid waste regulations, except as provided in paragraph (g)(3)(iv)(D) of this section."(c) The incorporation by reference of 40 C.F.R. section 273.34 is amended as follows: (1) In 40 C.F.R. section 273.34(a), replace "Universal waste batteries (i.e., each battery), or a container in which the batteries are contained," with "Each battery, container or pallet containing universal waste batteries, or designated universal waste battery storage area demarcated by boundaries".(2) In 40 C.F.R. section 273.34, add a subsection (g) to read: "(g) Each electronic item, container or pallet containing universal waste electronic items, or designated universal waste electronic item storage area demarcated by boundaries must be labeled or marked clearly with one of the following phrases: "Universal Waste-electronic item(s)", or "Waste electronic item(s)", or "Used electronic item(s)"."(3) In 40 C.F.R. section 273.34, add a subsection (h) to read: "(h) Each solar panel, container or pallet containing solar panels, or designated universal waste solar panel storage area demarcated by boundaries, must be labeled or marked clearly with one of the following phrases: "Universal Waste-solar panel(s)", or "Waste solar panel(s)", or "Used solar panel(s)"."(d) The incorporation by reference of 40 C.F.R. section 273.37 is amended as follows: in 40 C.F.R. section 273.37(b), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1".(e) The incorporation by reference of 40 C.F.R. section 273.39 is amended as follows: in 40 C.F.R. section 273.39(a)(2) and 273.39(b)(2), replace "thermostats" with "mercury-containing equipment, lamps, electronic items".Haw. Code R. § 11-273.1-5
[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-33, 342J-35)