HAR §11-273.1-5
HAR §11-273.1-5. requirements of chapters 11-260
Cite as Haw. Code R. § 11-273.1-5
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
273.1-25
§11-273.1-5
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".
[Eff 7/17/17; comp 9/30/18;
am and comp 6/25/20; am and comp 6/7/21; am and 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)
§11-273.1-6
Amendments to the incorporation of
40 C.F.R. part 273, subpart D.
(a)
The incorporation
by reference of 40 C.F.R. section 273.54 is amended as
follows: in 40 C.F.R. section 273.54(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.
part 273 is amended by adding a new section 273.57, to
read:
"§273.57 Tracking universal waste shipments.
(a)
Records of receipt of shipments.
A transporter
of universal waste must keep a record of each
shipment of universal waste received by the
transporter. The record may take the form of a
log, invoice, manifest, bill of lading, or other
shipping document. The record for each shipment
of universal waste received must include the
following information:
273.1-26
§11-273.1-6
(1)
The name and address of the originating
universal waste handler or foreign shipper
from whom the universal waste was sent;
(2)
The quantity of each type of universal waste
received (e.g., batteries, pesticides,
mercury-containing equipment, lamps,
electronic items); and
(3)
The date of receipt of the shipment of
universal waste;
(b)
Records of delivery of shipments. A transporter
of universal waste must keep a record of each
shipment of universal waste delivered to other
facilities. The record may take the form of a
log, invoice, manifest, bill of lading or other
shipping document. The record for each shipment
of universal waste sent must include the
following information:
(1)
The name and address of the universal waste
handler, destination facility, or foreign
destination to which the universal waste was
sent;
(2)
The quantity of each type of universal waste
sent (e.g., batteries, pesticides, mercury-
containing equipment, lamps, electronic
devices); and
(3)
The date the shipment of universal waste was
delivered to the receiving universal waste
handler, destination facility, or foreign
destination.
(c)
Record retention.
(1)
A transporter of universal waste must retain
the records described in subsection (a) for
at least three years from the date of
receipt of a shipment of universal waste.
(2)
A transporter of universal waste must retain
the records described in subsection (b) for
at least three years from the date of
delivery of a shipment of universal waste."
[Eff 7/17/17; comp 9/30/18; comp 6/25/20; am
and comg., 6)7/21; comp 1/29/24; comp
JUL--, 2025
]
(Auth: HRS §§342J-4,
342J-31, 342J-32, 342J-33, 342J-35)
(Imp:
273.1 27
§11-273.1-7
HRS §§342J-4, 342J-31, 342J-32, 342J-33,
342J-35)
§11-273.1-7
Amendments to the incorporation of
40 C.F.R. part 273, subpart E.
(a)
The incorporation
by reference of 40 C.F.R. section 273.60 is amended as
follows: in 40 C.F.R. section 273.60(a), replace
"section 3010 of RCRA" with "section 342J-6.5, HRS".
(b)
The incorporation by reference of 40 C.F.R.
section 273.62 is amended as follows: in 40 C.F.R.
section 27 3. 62 (a) ( 2) , replace "thermostats" with
"mercury-containing equipment, lamps, electronic
items".
[Eff 7/17/17; comp 9/30/18; comp 6/25/20;
comp 6/7/21; comp 1/29/24; comp JIJI -7 2025
]
(Auth:
HRS §§342J-4, 342J-31, 342J-32, 34ZJ-33, 342J-35)
(Imp: HRS §§342J-4, 342J-31, 342J-32, 342J-33,
342J-35)