2. Provide oversight and support to improve the operations of regulated facilities and activities.

3. Prevent releases of petroleum, hazardous substances and contaminants into the environment from illegal or unpermitted activities and underground storage tanks.

4. Provide technical assistance, education and outreach to the regulated community and the general public.

Hazardous Waste Program

The solid waste program is the oldest of the environmental management activities within our branch (circa 1969). Passage of the Integrated Solid Waste Management Act in 1991 established the Office of Solid Waste Management by Act 324-91, and codified as HRS 342G. Staff of 3 + coordinator (SW Engineer Vacant)/Focus on insuring that landfill owners/operators understand upcoming Subtitle D/40 CFR 258 regulations

1992: Revised Statues to be Compatible with Federal/Filled SW Engineer Position/Created SW inspector/Initiated Rule Revisions - focus on Sub D & functional standards/Hired Recycling Planner/Initiate Review of County ISWM Plans/Obtained first State P2 grant

1993: Sub D Became Effective - Focus on Landfill Repermitting/Tipping Fee Surcharge/Passed Tire Recycling Legislation/Expanded Outreach & Education/Funded County DIY Oil Recovery

1994: Glass ADF/Clean Hawaii Center

1995: Recycling Coordinator Position

Federal Mandates

Since RCRA passed in the mid 1970's, included section on SW management (Subtitle D)/40 CFR 257. Criteria for Classification of Solid Waste Disposal Facilities and Practices was promulgated in Sept 1979. Minimal regulatory control, primary focus industrial/commercial disposal/MSW issues until mid 1980s. Sub D (40 CFR 258) regulations were proposed in early 1980s, published in 1988, and promulgated October 1991

Underground Storage Tank Program (UST and LUST Federal Mandates 1984. Congress responded to the increasing threat to groundwater posed by leaking USTs by adding Subtitle I to the Resource Conservation and Recovery Act (RCRA). Subtitle I required EPA to develop a comprehensive regulatory program for USTs that stored petroleum or certain hazardous substances.

Congress directed EPA to create regulations to require owners and operators of new and existing USTs to prevent, detect, and clean up releases. At the same time, Congress banned the installation of unprotected steel USTs and piping beginning in 1985.

In 1986, Congress amended Subtitle I of RCRA and created the Leaking Underground Storage Tank Trust Fund, to be used for 2 purposes: To oversee remediation or clean ups by responsible parties of leaking USTs, To pay for clean ups at sites where owner/operator is unknown, unwilling, or unable to respond, and release sites that require emergency action.

The 1986 amendments also established financial responsibility requirements. Congress directed EPA to publish regulations to require UST owners and operators to demonstrate financial capacity to pay for remediation and clean up in the event of a release, and to compensate third parties for resulting damages.

In 1988, EPA finalized to technical and financial responsibility regulations for USTs.

Hazardous Waste Mandates

Passage of the Resource Conservation and Recovery Act in 1976 required the U.S. Environmental Protection Agency to promulgate regulations for the proper management of hazardous waste from its "cradle to grave". The federal regulations were promulgated regulations were promulgated in 1980 with the intent that states would accept delegation for managing an equivalent state program.

Back in 1982, the Department of Health's, Environmental Planning Office accepted a grant from the EPA to develop and implement a hazardous waste program. A planner was responsible for activities agreed to in the workplan. However, it soon became apparent that there was no administrative or financial support to continue the agreement and for the state to seek authorization. Thus in 1983, the state gave the program back to EPA.

However, by 1984 improper management of hazardous waste was fast becoming a national and statewide concern which prompted another attempt to establish a Cooperative Agreement through a grant and workplan agreement between Hawaii and EPA. In 1985 the state was given a grant and workplan commitments to implement a compliance and inspection, permits technical review and technical assistance program. The Cooperative Agreement was signed with the intent that the state seriously work towards delegation of the program.

Statutory Requirements

Federal Requirements

Resource Conservation and Recovery Act, Subtitle C 40 CFR Parts 260-279

Resource Conservation and Recovery Act, Subtitle D 40 CFR 258

Resource Conservation and Recovery Act, Subtitle I

Hawaii State Requirements

HRS 342-G, Integrated Solid Waste Management
HRS 342-H, Solid Waste Pollution
HRS 342-I, Special Waste Management
HRS 342-J, Hazardous Waste
HRS 342-L, Underground Storage Tanks
HRS 342-N, Used Oil Recycling

Administrative Rules (Hawaii Administrative Rules - HAR)

HAR, Title 11, chapter 58.1, Solid Waste Management Control

A portion of HAR, Title 11, Chapter 104, Infectious Waste Management

HAR, Title 11, Chapters 260-280, Hazardous Waste Management

 

Solid and Hazardous Waste Branch
Hawai'i Department of Health
919 Ala Moana Boulevard #212
Honolulu, Hawai'i 96814
Phone: (808) 586-4226
Fax: (808) 586-7509