Section 11-268-7 - Testing, tracking, and recordkeeping requirements for generators, treaters, and disposal facilities(a) Requirements for generators: (1) Determine if the waste has to be treated before being land disposed, as follows: A generator of a hazardous waste must determine if the waste has to be treated before it can be land disposed. This is done by determining if the hazardous waste meets the treatment standards in section 11-268-40 or 11-268-45. This determination can be made in either of two ways: testing the waste or using knowledge of the waste. If the generator tests the waste, testing would normally determine the total concentration of hazardous constituents, or the concentration of hazardous constituents in an extract of the waste obtained using test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication SW-846, as referenced in section 11-260-11, depending on whether the treatment standard for the waste is expressed as a total concentration or concentration of hazardous constituent in the waste's extract. In addition, some hazardous wastes must be treated by particular treatment methods before they can be land disposed. These treatment standards are also found in section 11-268-40, and are described in detail in section 11-268-42, Table 1. These wastes do not need to be tested (however, if they are in a waste mixture, other wastes with concentration level treatment standards would have to be tested). If a generator determines they are managing a waste that displays a hazardous characteristic of ignitability, corrosivity, reactivity, or toxicity, they must comply with the special requirements of section 11-268-9 in addition to any applicable requirements in this section.(2) If the waste does not meet the treatment standard: With the initial shipment of waste to each treatment or storage facility, the generator must send a one-time written notice to each treatment or storage facility receiving the waste, and place a copy in the file. The notice must include the information in column "11-268-7(a)(2) '' of the Generator Paperwork Requirements Table in subsection (a)(4). No further notification is necessary until such time that the waste or facility change, in which case a new notification must be sent and a copy placed in the generator's file.(3) If the waste meets the treatment standard at the original point of generation: (i) With the initial shipment of waste to each treatment, storage, or disposal facility, the generator must send a one-time written notice to each treatment, storage, or disposal facility receiving the waste, and place a copy in the file. The notice must include the information indicated in column "11-268-7(a) (3) '' of the Generator Paperwork Requirements Table in subsection (a)(4) and the following certification statement, signed by an authorized representative: "I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in chapter 11-268, subchapter D, Hawaii Administrative Rules. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment."(ii) If the waste changes, the generator must send a new notice and certification to the receiving facility, and place a copy in their files. Generators of hazardous debris excluded from the definition of hazardous waste under section 11-261-3(f) are not subject to these requirements.(4) For reporting, tracking and recordkeeping when exceptions allow certain wastes that do not meet the treatment standards to be land disposed: There are certain federal exemptions from the requirement that hazardous wastes meet treatment standards before they can be land disposed. These include, but are not limited to case-by-case extensions under 40 CFR 268.5, disposal in a no-migration unit under 40 CFR 268.6, or a national capacity variance or case-by-case capacity variance under 40 CFR subpart C. If a generator's waste is so exempt under federal law and if the generator has received a similar exemption from the department with respect to that waste, then with the initial shipment of waste, the generator must send a one-time written notice to each land disposal facility receiving the waste. The notice must include the information indicated in column "11-268-7(a) (4) '' of the Generator Paperwork Requirements Table below. If the waste changes, the generator must send a new notice to the receiving facility, and place a copy in their files. | Generator Paperwork Requirements Table |
| Required information | Sec. 11-268-7(a)(2) | Sec. 11-268-7(a)(3) | Sec. 11-268-7(a)(4) | Sec. 11-268-7(a)(9) |
| 1. EPA Hazardous Waste and Manifest numbers............. | x | x | x | x |
| 2. Statement: this waste is not prohibited from land disposal............................................... | | | x | |
| 3. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents (for wastes that are not managed in a Clean Water Act (CWA) or CWA-equivalent facility), unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice................................................. | x | x | | |
| 4. The notice must include the applicable wastewater/ nonwastewater category (see sections 11-268-2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide) | x | x | | |
| 5. Waste analysis data (when available)................. | x | x | x | |
| 6. Date the waste is subject to the prohibition......... | | | x | |
| 7. For hazardous debris, when treating with the alternative treatment technologies provided by section 11-268-45: the contaminants subject to treatment, as described in section 11-268-45(b); and an indication that these contaminants are being treated to comply with section 11-268-45............................................ | x | | x | |
| 8. A certification is needed (see applicable section for exact wording)......................................... | | x | x | |
(5) If a generator is managing and treating prohibited waste in tanks, containers, or containment buildings regulated under section 11-262-34 to meet applicable LDR treatment standards found in section 11-268-40, the generator must develop and follow a written waste analysis plan which describes the procedures they will carry out to comply with the treatment standards. (Generators treating hazardous debris under the alternative treatment standards of Table 1, section 11-268-45, however, are not subject to these waste analysis requirements.) The plan must be kept on site in the generator's records, and the following requirements must be met: (i) The waste analysis plan must be based on a detailed chemical and physical analysis of a representative sample of the prohibited waste(s) being treated, and contain all information necessary to treat the waste(s) in accordance with the requirements of this chapter, including the selected testing frequency.(ii) Such plan must be kept in the facility's on-site files and made available to inspectors.(iii) Wastes shipped off-site pursuant to this section must comply with the notification requirements of paragraph 11-268-7(a)(3).(6) If a generator determines that the waste is restricted based solely on his or her knowledge of the waste, all supporting data used to make this determination must be retained on-site in the generator's files. If a generator determines that the waste is restricted based on testing this waste or an extract developed using the test method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as referenced in section 11-260-11, and all waste analysis data must be retained on-site in the generator's files.(7) If a generator determines that he or she is managing a restricted waste that is excluded from the definition of hazardous or solid waste or exempt from regulation under sections 11-261-2 through 11-261-6 subsequent to the point of generation (including deactivated characteristic hazardous waste managed in wastewater treatment systems subject to the Clean Water Act (CWA) as specified in section 11-261-4(a)(2), or are CWA-equivalent), he or she must place a one-time notice stating such generation, subsequent exclusion from the definition of hazardous or solid waste or exemption from regulation under sections 11-261-2 through 11-261-6, and the disposition of the waste, in the facility's file.(8) Generators must retain on-site a copy of all notices, certifications, waste analysis data, and other documentation produced pursuant to this section for at least three years from the date that the waste that is the subject of such documentation was last sent to on-site or off-site treatment, storage, or disposal. The three year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director. The requirements of this subsection apply to solid wastes even when the hazardous characteristic is removed prior to disposal, or when the waste is excluded from the definition of hazardous or solid waste under sections 11-261-2 through 11-261-6, or exempted from regulation, subsequent to the point of generation.(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use the alternative treatment standard for lab packs found at section 11-268-42(c): (i) With the initial shipment of waste to a treatment facility, the generator must submit a notice that provides the information in column "Sec. 11-268-7(a)(9) '' in the Generator Paperwork Requirements Table of paragraph (a)(4), and the following certification. The certification, which must be signed by an authorized representative and must be placed in the generator's files, must say the following: "I certify under penalty of law that I personally have examined and am familiar with the waste and that the lab pack contains only wastes that have not been excluded under appendix IV to chapter 11-268, Hawaii Administrative Rules and that this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for lab packs at subsection 11-268-42(c), Hawaii Administrative Rules. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine or imprisonment."(ii) No further notification is necessary until such time that the wastes in the lab pack change, or the receiving facility changes, in which case a new notice and certification must be sent and a copy placed in the generator's file.(iii) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying hazardous constituents (as defined in section 11-268-2(i)) need not be determined.(iv) The generator must also comply with the requirements in paragraphs (a)(6) and (a)(7).(10) Small quantity generators with tolling agreements pursuant to subsection 11-262-20(e) must comply with the applicable notification and certification requirements of subsection (a) of this section for the initial shipment of the waste subject to the agreement. Such generators must retain on-site a copy of the notification and certification, together with the tolling agreement, for at least three years after termination or expiration of the agreement. The three-year record retention period is automatically extended during the course of any unresolved enforcement action regarding the regulated activity or as requested by the director.(b) Treatment facilities must test their wastes according to the frequency specified in their waste analysis plans as required by section 11-264-13 (for permitted TSDs) or 11-265-13 (for interim status facilities). Such testing must be performed as provided in paragraphs (b)(1), (b)(2) and (b)(3) of this section. (1) For wastes with treatment standards expressed as concentrations in the waste extract (TCLP), the owner or operator of the treatment facility must test an extract of the treatment residues, using test method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in section 11-260-11), to assure that the treatment residues extract meet the applicable treatment standards.(2) For wastes with treatment standards expressed as concentrations in the waste, the owner or operator of the treatment facility must test the treatment residues (not an extract of such residues) to assure that they meet the applicable treatment standards.(3) A one-time notice must be sent with the initial shipment of waste to the land disposal facility. A copy of the notice must be placed in the treatment facility's file. (i) No further notification is necessary until such time that the waste or receiving facility change, in which case a new notice must be sent and a copy placed in the treatment facility's file.(ii) The one-time notice must include these requirements: | Treatment Facility Paperwork Requirements Table |
| Required information | Sec. 11-268-7(b) |
| 1. EPA Hazardous Waste and Manifest numbers.............. | X |
| 2. The waste is subject to the LDRs. The constituents of concern for F001-F005, and F039, and underlying hazardous constituents (for wastes that are not managed in a Clean Water Act (CWA) or CWA-equivalent facility), unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice.................................................. | X |
| 3. The notice must include the applicable wastewater/ x nonwastewater category (see sections 11-268-2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria (such as D003 reactive cyanide)....... | |
| 4. Waste analysis data (when available).................. | X |
| 5. A certification statement is needed (see applicable section for exact wording).............................. | X |
(4) The treatment facility must submit a one-time certification signed by an authorized representative with the initial shipment of waste or treatment residue of a restricted waste to the land disposal facility. The certification must state: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the treatment process has been operated and maintained properly so as to comply with the treatment standards specified in section 11-268-40, Hawaii Administrative Rules without impermissible dilution of the prohibited waste. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment." (i) A copy of the certification must be placed in the treatment facility's on-site files. If the waste or treatment residue changes, or the receiving facility changes, a new certification must be sent to the receiving facility, and a copy placed in the file.(ii) Debris excluded from the definition of hazardous waste under section 11-261-3(e) (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 11-268-45, and debris that the director has determined does not contain hazardous waste), however, is subject to the notification and certification requirements of subsection (d) rather than the certification requirements of this paragraph.(iii) For wastes with organic constituents having treatment standards expressed as concentration levels, if compliance with the treatment standards is based in whole or in part on the analytical detection limit alternative specified in section 11-268-40(d), the certification, signed by an authorized representative, must state the following: "I certify under penalty of law that I have personally examined and am familiar with the treatment technology and operation of the treatment process used to support this certification. Based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the nonwastewater organic constituents have been treated by combustion units as specified in section 11-268-42, Table 1, Hawaii Administrative Rules. I have been unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to analyze for such constituents. I am aware there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment."(5) If the waste or treatment residue will be further managed at a different treatment or storage facility, the treatment, storage or disposal facility sending the waste or treatment residue off-site must comply with the notice and certification requirements applicable to generators under this section.(6) Where the wastes are recyclable materials used in a manner constituting disposal subject to the provisions of subsection 11-266-20(b) regarding treatment standards and prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) is not required to notify the receiving facility, pursuant to paragraph (b)(4) of this section. With each shipment of such wastes the owner or operator of the recycling facility must submit a certification described in paragraph (b)(5) of this section, and a notice which includes the information listed in paragraph (b)(4) of this section (except the manifest number) to the director, or his or her delegated representative. The recycling facility also must keep records of the name and location of each entity receiving the hazardous waste-derived product.(c) Except where the owner or operator is disposing of any waste that is a recyclable material used in a manner constituting disposal pursuant to subsection 11-266-20(b), the owner or operator of any land disposal facility disposing any waste subject to restrictions under this chapter must: (1) Have copies of the notice and certifications specified in subsection (a) or (b) of this section.(2) Test the waste, or an extract of the waste or treatment residue developed using test method 1311 (the Toxicity Characteristic Leaching Procedure) , described in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846 as incorporated by reference in section 11-260-11), to assure that the wastes or treatment residues are in compliance with the applicable treatment standards set forth in subchapter D of this chapter. Such testing must be performed according to the frequency specified in the facility's waste analysis plan as required by section 11-264-13 or 11-265-13.(d) Generators or treaters who first claim that hazardous debris is excluded from the definition of hazardous waste under subsection 11-261-3(e) (i.e., debris treated by an extraction or destruction technology provided by Table 1, section 11-268-45, and debris that the director has determined does not contain hazardous waste) are subject to the following notification and certification requirements: (1) A one-time notification, including the following information, must be submitted to the director:(2) The notification must be updated if the debris is shipped to a different facility, and, for debris excluded under paragraph 11-261-2(e)(1), if a different type of debris is treated or if a different technology is used to treat the debris.(3) For debris excluded under paragraph 11-261-3(e)(1), the owner or operator of the treatment facility must document and certify compliance with the treatment standards of Table 1, section 11-268-45, as follows: (i) Records must be kept of all inspections, evaluations, and analyses of treated debris that are made to determine compliance with the treatment standards;(ii) Records must be kept of any data or information the treater obtains during treatment of the debris that identifies key operating parameters of the treatment unit; and(iii) For each shipment of treated debris, a certification of compliance with the treatment standards must be signed by an authorized representative and placed in the facility's files. The certification must state the following: "I certify under penalty of law that the debris has been treated in accordance with the requirements of section 11-268-45 of the Hawaii Administrative Rules. I am aware that there are significant penalties for making a false certification, including the possibility of fine and imprisonment.[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §268.7 )