Section 11-264-1 - Purpose, scope and applicability(a) The purpose of this chapter is to establish minimum State standards which are consistent with and at least as stringent as national standards which define the acceptable management of hazardous waste.(b) The standards in this chapter apply to owners and operators of all facilities which treat, store, or dispose of hazardous waste, except as specifically provided otherwise in this chapter or chapter 11-261.(c) The requirements of this chapter apply to a person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act only to the extent they are included in a hazardous waste management permit by rule granted to such a person under chapter 11-270.(d) The requirements of this chapter apply to a person disposing of hazardous waste by means of underground injection subject to a permit issued under an Underground Injection Control (UIC) program approved or promulgated under the Federal Safe Drinking Water Act only to the extent they are required by 40 CFR 144.14.(e) The requirements of this chapter apply to the owner or operator of a POTW which treats, stores, or disposes of hazardous waste only to the extent they are included in a hazardous waste management permit by rule granted to such a person under chapter 11-270.(g) The requirements of this chapter do not apply to: (1) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores or disposes of is excluded from regulation under this chapter by section 11-261-5;(2) The owner or operator of a facility managing recyclable materials described in paragraphs 11-261-6(a)(2), 11-261-6(a)(3), and 11-261-6(a)(4) (except to the extent they are referred to in chapter 11-279 or subchapters C, F, G, or H of chapter 11-266).(3) A generator accumulating waste on-site in compliance with section 11-262-34;(4) A farmer disposing of waste pesticides from his or her own use in compliance with section 11-262-70; or(5) The owner or operator of a totally enclosed treatment facility, as defined in section 11-260-10.(6) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in section 11-260-10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in section 11-268-40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in subsection 11-264-17(b).(8)(i) Except as provided in subparagraph (g)(8)(ii) of this section, a person engaged in treatment or containment activities during immediate response to any of the following situations: (A) A discharge of a hazardous waste;(B) An imminent and substantial threat of a discharge of hazardous waste;(C) A discharge of a material which, when discharged, becomes a hazardous waste;(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in section 11-260-10.(ii) An owner or operator of a facility otherwise regulated by this chapter must comply with all applicable requirements of subchapters C and D.(iii) Any person who is covered by subparagraph (g)(8)(i) and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapters 11-270 and 11-271 for those activities.(iv) In the case of an explosives or munitions emergency response, if a federal, State, or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.(9) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of section 11-262-30 at a transfer facility for a period of ten days or less.(10) The addition of absorbent material to waste in a container (as defined in section 11-260-10) or the addition of waste to absorbent material in a container, provided that these actions occur at the time waste is first placed in the container; and subsection 11-264-17(b), sections 11-264-171, and 11-264-172 are complied with.(11) Universal waste handlers and universal waste transporters (as defined in section 11-260-10) handling the wastes listed below. These handlers are subject to regulation under chapter 11-273, when handling the below listed universal wastes. (i) Batteries as described in section 11-273-2;(ii) Pesticides as described in section 11-273-3; and(iii) Thermostats as described in section 11-273-4.(h) The requirements of this chapter apply to owners or operators of all facilities which treat, store, or dispose of hazardous wastes referred to in chapter 11-268.(i) Section 11-266-205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under section 11-266-202. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in chapters 11-260 through 11-270.(j) All references in tables and appendices to provisions of the Code of Federal Regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rules).[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1 )