HAR §11-273.1-1. (C

F.R.), published by the Office of the Federal Register, as amended as of July 1, 2024, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-273.1-2 to 11-273.1-9. [Eff 7/17/17; am and comp 9/30/18; am and comp 6/25/20; am and comp 6/7/21; am and comp 1/29/24; am and comp JUL -7 2025 ] (Auth: HRS §§342J-4, 342J-31, 342J-32, 342J-33, 342J-35) (Imp: HRS §§342J-4, 342J-31, 342J-32, 342J-33, 342J-35) §11-273.1-2 Substitution of state terms and citations for federal terms and citations. (a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 273, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid Waste and Emergency Response", "EPA Administrator", "EPA Regional Administrator", "Regional Administrator", and "State Director" shall be replaced with "director". (2) "Agency", "appropriate regional EPA office", "Environmental Protection Agency", "EPA", "EPA Headquarters", "EPA regional office", "EPA Regions", "U.S. Environmental Protection Agency", and "United States Environmental Protection Agency" shall be replaced with "state department of health" except in references to "EPA Acknowledgment of Consent", "EPA form(s)", "EPA guidance", "EPA hazardous waste numbers(s)", "EPA ID number", "EPA identification number(s)", "EPA manual(s)", "EPA publication(s)", and "EPA test methods". (b) The federal terms listed in subsection (a) are not replaced with state terms in the following sections of 40 C.F.R. part 273, as incorporated and amended in this chapter: 40 C.F.R. sections 273.32 (a) (3) and 273.52 (a). 273.1-2 §11-273.1-3 (c) All references to provisions of 40 C.F.R. parts 124, 260 to 268, 270, 273, and 279 in 40 C.F.R. part 273, as incorporated and amended in this chapter, shall mean the Hawaii Administrative Rules analog of the referenced federal regulation, as incorporated and amended in chapters 11-260.1 to 11-279.1, except as listed in subsection (d). The Hawaii Administrative Rules analogs are as follows: Federal citation State analog 40 C.F.R. part chapter 11- 124 271.1 260 260.1 261 261.1 262 262.1 263 263.1 264 264.1 265 265.1 266 266.1 268 268.1 270 270.1 273 273.1 279 279.1 (d) The following references to provisions of 40 C.F.R. parts 124, 260 to 268, 270, 273, and 279 in 40 C.F.R. part 273, as incorporated and amended in this chapter, refer to the federal regulations in the Code of Federal Regulations: references in 40 C.F.R. section 273.52. [Eff 7/17/17; comp 9/30/18; am and comp 6125/20; am and comp 6/7/21; comp 1/29/24; comp JUL - 7 2025 ] (Auth: HRS §§342J-4, 342J-31, 342J-32, 342J-33, 342J-35) (Imp: HRS §§342J-4, 342J-31, 342J-32, 342J-33, 342J-35) §11-273.1-3 Amendments to the incorporation of 40 C.F.R. part 273, subpart A. (a) The incorporation by reference of 40 C.F.R. section 273.1 is amended as follows: 273.1-3 §11-273.1-3 (1) In 40 C.F.R. section 273.l(a) (4), delete "and". (2) In 40 C.F.R. section 273.l(a) (5), replace the period at the end of the paragraph with a semicolon. (3) In 40 C.F.R. section 273.l(a), add a paragraph (6) to read: "(6) Electronic items as described in 40 C.F.R. section 273.6.1, as incorporated and amended in this chapter; and". (4) In 40 C.F.R. section 273.l(a), add a paragraph (7) to read: "(7) Solar panels as described in 40 C.F.R. section 273.6.2, as incorporated and amended in this chapter." (5) In 40 C.F.R. section 273.l(b), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (b) The incorporation by reference of 40 C.F.R. section 273.2 is amended as follows: in section 273.2 (a) (2) and (b) (1), replace "40 CFR part 266, subpart G" with "40 C.F.R. section 266.B0(b) to (e), as incorporated and amended in section 11-266.1-1". (c) The incorporation by reference of 40 C.F.R. section 273.3 is amended as follows: in section 273.3 (b) (2), replace "40 CFR parts 260 through 272" with "chapters 11-260.1 to 11-270.1". (d) The incorporation by reference of 40 C.F.R. part 273 is amended by adding a new section, 40 C.F.R. section 273.6.1, to read: "§273.6.1 Applicability-Electronic items. (a) Electronic items covered under chapter 11-273.1. The requirements of this chapter apply to persons managing electronic items, as described in 40 C.F.R. section 273.9, as incorporated and amended in this chapter, except those listed in paragraph (b) of this section. (b) Electronic items not covered under chapter 11-273.1. The requirements of this chapter do not apply to persons managing the following electronic items: 273.1-4 §11-273.1-3 (1) Electronic items that are not yet wastes under chapter 11-261.1. A universal waste handler who claims that an electronic item is not a waste must manage that item as a product and bears the burden of demonstrating that there is a known market or disposition for its re-use as an electronic item. (2) Electronic items that were previously identified as wastes under chapter 11-261.1 but are no longer identified as wastes (e.g., a discarded electronic item that is refurbished and is returned to service). (3) Electronic items that do not exhibit a toxicity characteristic of a hazardous waste as set forth in chapter 11-261.1 and that are not otherwise identified as hazardous waste pursuant to chapter 11-261.1. A universal waste handler who claims that a waste electronic item does not exhibit a toxicity characteristic bears the burden of demonstrating that the electronic item is not a hazardous waste. Assume all waste electronic items to be hazardous unless you evaluate and can document that they are non- hazardous (e.g., pass the Toxicity Characteristic Leaching Procedure [TCLP] test, as described in 40 C.F.R. sections 260.11 and 261.24 and incorporated by reference in chapters 11-260.1 and 11 261.1, and are not otherwise identified as hazardous waste pursuant to chapter 11-261.1) ." (e) The incorporation by reference of 40 C.F.R. part 273 is amended by adding a new section, 40 C.F.R. section 273.6.2, to read: "§273.6.2 Applicability-Solar panels. (a) Solar panels covered under chapter 11-273.1. The requirements of this chapter apply to persons managing solar panels, as described in 40 C.F.R. section 273.9, as incorporated and amended in this chapter, 273.1-5 §11-273.1-3 except those listed in paragraphs (b) and (c) of this section. (b) Solar panels not covered under chapter 11-273.1. The requirements of this chapter do not apply to persons managing the following solar panels: (1) Solar panels that are not yet wastes under chapter 11-261.1. Paragraph (d) of this section describes when a solar panel becomes a waste. A universal waste handler who claims that a solar panel is not a waste must manage that item as a product and bears the burden of demonstrating that there is a known market or disposition for its re-use as a solar panel. (2) Solar panels that were previously identified as wastes under chapter 11-261.1 but are no longer identified as wastes (e.g., a discarded solar panel that is refurbished and is returned to service). (3) Solar panels that do not exhibit a toxicity characteristic of a hazardous waste as set forth in chapter 11-261.1 and that are not otherwise identified as hazardous waste pursuant to chapter 11-261.1. A universal waste handler who claims that a waste solar panel does not exhibit a toxicity characteristic bears the burden of demonstrating that the solar panel is not a hazardous waste. (4) Solar panels that exhibit any characteristic of a hazardous waste other than the characteristic of toxicity. Such solar panels must be managed as hazardous waste pursuant to chapters 11-260.1 to 11-270.1. (5) Solar panels that are recycled in a manner constituting disposal, as described in 40 C.F.R. section 273.1-6 §11 273.1-3 261.2(c)(l), as incorporated and amended in section 11-261.1-1. Such solar panels must be managed as hazardous waste pursuant to chapters 11-260.1 to 11-270.1. (c) Solar panels that are integrated into the structure of an electronic item, as defined in 40 C.F.R. section 273.9, as incorporated and amended in this chapter, shall be managed as an electronic item under this chapter. (d) Generation of waste solar panels. (1) A used solar panel becomes a waste on the date it is discarded (i.e., when stored while destined for reclamation) (2) An unused solar panel becomes a waste on the date the handler decides to discard it." (f) The incorporation by reference of 40 C.F.R. section 273.9 is amended as follows: (1) The following definitions are amended as follows: "Destination facility" definition. Delete both instances of "(a) and (c)". "Large quantity handler of universal waste" definition. Replace "or aerosol cans," with "aerosol cans, electronic items, or solar panels,". "Small quantity handler of universal waste" definition. Replace "or aerosol cans," with "aerosol cans, electronic items, or solar panels,". "Universal waste" definition. Replace "; and" with";" and replace the period at the end of the definition with "; ( 6) Electronic items as described in 40 C.F.R. section 273.6.1, as incorporated and amended in this chapter; and (7) Solar panels as described in 40 C.F.R. section 273.6.2, as incorporated and amended in this chapter.". "Universal waste handler" definition. Replace "A person who treats (except under 273.1-7