Haw. Code R. § 11-273.1-3

Current through September, 2024

Section 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:

(1) In 40 C.F.R. section 273.1(a)(4), delete "and".

(2) In 40 C.F.R. section 273.1(a)(5), replace the period at the end of the paragraph with a semicolon.

(3) In 40 C.F.R. section 273.1(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 273.1(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 273.1(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 266.80(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:

(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, 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 261.2(c)(1), 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 the provisions of § 273.13(a) or (c), or § 273.33(a) or (c)), disposes of, or recycles (except under the provisions of § 273.13(e) or § 273.33(e)) universal waste;" with "A person who treats, disposes of, or recycles universal waste (except under the provisions of 40 C.F.R. section 273.13 or 273.33, as incorporated and amended in this chapter);".

(2) Add the following additional definitions in alphabetical order:

"Circuit board" means the part of an electronic device that mechanically supports and electrically connects electronic components (such as capacitors, diodes, power sources, resistors, sensors, switches, transducers, transistors, etc.) using conductive tracks.

"Electronic item", also referred to as "universal waste electronic item", means a device containing a circuit board, or other complex circuitry, or a video display. Indicators that a device likely contains a circuit board include the presence of a keypad, touch screen, any type of video or digital display, or common electronic ports or connectors, such as serial, parallel, Rj45 ("network"), or USB. Examples of common universal waste electronic items include, but are not limited to: computer central processing unit; computer monitor; portable computer (including notebook, laptop, and tablet computer); devices designed for use with computers (also known as computer peripherals) such as keyboard, mouse, desktop printer, scanner, and external storage drive; server; television; digital video disc (DVD) recorder or player; videocassette recorder or player (VCR); eBook reader; digital picture frame; fax machine; video game equipment; cellular telephone; answering machine; digital camera; portable music or video player; wireless paging device; remote control; and smoke detector. Electronic item does not include a device that is physically a part of, connected to, or integrated within a large piece of equipment that is not meant to be hand-carried by one person (for example, an automobile, large medical equipment, or white goods as defined in chapter 11-58.1). A device is considered physically a part of, connected to, or integrated within a large piece of equipment if the device cannot be easily disconnected from the large equipment by a layperson without specialized training. When a device containing a circuit board or a video display is removed, separated, or separate from the large piece of equipment that it is meant to be a part of, it is a universal waste electronic item.

"Photovoltaic cell" means a specialized semiconductor diode designed to convert solar radiation into electrical energy. Photovoltaic cells may be composed of, but are not limited to, monocrystalline silicon, polycrystalline silicon, amorphous silicon, cadmium telluride, copper indium gallium selenide, and gallium indium phosphide/gallium arsenide/gallium, and perovskite. Photovoltaic cells are managed as solar panels.

"Solar panel" or "solar photovoltaic panel" means a device consisting of one or more electrically connected photovoltaic cells that are designed to convert solar radiation into electrical energy. Solar panel includes integrated components that cannot be separated without breaking the solar panel glass. Examples of integrated components include, but are not limited to, protective glass, conductive metal contact, metal framing the photovoltaic cells, housing or pocket holding the photovoltaic cells, and top and back layer. Photovoltaic cells that are not electrically connected are managed as solar panels. Solar panel does not include solar thermal panels that do not contain photovoltaic cells.

"Solar photovoltaic system" means a set of components consisting of one or more solar panels and ancillary components such as, but not limited to, metal frames used to support the solar panels, connectors, junction boxes, batteries, inverters, wires, and cables that are connected to the solar panels. Ancillary components are those components of the system that can be manually separated from the solar panel without breaking the solar panel glass.

"Video display" means the part of an electronic device capable of presenting images electronically on a screen viewable by the device user. A video display may use cathode ray tube, liquid crystal display (LCD), gas plasma, digital light processing, or other image projection technology.

Haw. Code R. § 11-273.1-3

[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)

Am and Comp 9/30/2018

Comp 6/25/2020

Am and comp 6/7/2021

Comp 1/29/2024