HAR 11-280.1 — UNDERGROUND STORAGE TANKS (Subchapter 1 to 13)

(a) Every application for a permit shall be submitted to the department on the "Application for an Underground Storage Tank Permit" form prescribed by the director. (b) A permit fee in accordance with section 11-280.1-335 shall accompany each application for a permit. (c) The app…

(a) Upon approval of an application for a permit to instal and operate an UST or tank system, the director shall issue a permit for a term of five years except as noted in subsection (b). (b) The owner or operator shall have one year from the issuance of the permit to install an …

(a) On application, a permit may be renewed for a term of five years. (b) A renewal fee in accordance with section 11-280.1-335 shall accompany each application for renewal of a permit. (c) An application for a renewal shall be received by the department at least one hundred eigh…

(a) The director need not act upon nor consider any incomplete application for a permit. An application shall be deemed complete only when: (1) All required and requested information, including the application form, plans, specifications, and other information required by this su…

The director may impose conditions on a permit that the director deems reasonably necessary to ensure compliance with this chapter and any other relevant state requirement, including conditions relating to equipment, work practice, or operation. Conditions may include, but shall …

(a) The director may modify a permit if there is a change that requires a modification to an existing permit. Changes requiring a permit modification shall include but not be limited to:(1) The addition or removal of an UST from an UST system; and (2) Any change to or modificatio…

(a) Owners and operators of UST systems must ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs must meet the following requirements: (1) Repairs to UST systems must be prop…

The director may revoke or suspend a permit if the director finds any one of the following: (1) There is a release or threatened release of regulated substances that the department deems to pose an imminent and substantial risk to human health or the environment; (2) The permitte…

(a) No permit to install, own, or operate an UST or tank system shall be transferable unless approved by the department. An application to transfer a permit from one owner to another owner must be signed by both the current owner and the prospective new owner. An application to t…

Provisions of chapter 342L, Hawaii Revised Statutes, and this chapter relating to USTs or tank systems which are more stringent than Title 40, part 280 of the Code of Federal Regulations, published by the Office of the Federal Register, as amended as of July 1, 2017, may be varie…

(a) An application for a variance shall be submitted to the department on the "Application for an Underground Storage Tank Variance" form prescribed by the director. (b) A variance fee in accordance with section 11-280.1-335 shall accompany each application for a variance. (c) Ev…

(a) Permits and variances, including application records, shall be maintained at the location of the UST or tank system for which the permit was issued and shall be made available for inspection upon request of any duly authorized representative of the department. (b) No person s…

(a) Every applicant for a permit or a variance, or applicant for modification or renewal of a permit or variance, or applicant for a transfer of a permit, shall pay the applicable fees as set forth below: Type of Application Permit Variance Permit or variance application $300 $40…

Notes Haw. Code R. §§ 11-280.1-336 to 11-280.1-399 Reserved 7/15/2018 Res 3/21/2025

(a) Notification. Owners and operators shall notify the department of any of the following changes in information relating to an UST or tank system by submitting the "Notification for Underground Storage Tanks" form prescribed by the director: (1) Completed closure or change-in-s…

(a) Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping must meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment: (1) Spill…

(a) To properly operate and maintain UST systems, beginning not later than July 15, 2019, owners and operators must conduct walkthrough inspections that, at a minimum, check the following equipment as specified below:(1) Every thirty-one days:(A) Spill prevention equipment:(i) Vi…

(a) Under-dispenser containment that allows for visual inspection and access to the components in the containment system to meet the requirements of section 11-280.1-25 must be visually inspected for damage and have any liquid or debris removed every thirty-one days. (b) Sensing …

(a) The following codes of practice may be used to comply with section 11-280.1-30(a): the transfer procedures described in National Fire Protection Association Standard 385, "Standard for Tank Vehicles for Flammable and Combustible Liquids" or American Petroleum Institute Recomm…

Notes Haw. Code R. § 11-280.1-39 Reserved 7/15/2018 Res 3/21/2025

(a) Owners and operators of UST systems must provide a method, or combination of methods, of release detection that:(1) Can detect a release from any portion of the tank and the connected underground piping that routinely contains product; (2) Utilizes equipment compatible with t…

Notes Haw. Code R. §§ 11-280.1-400 to 11-280.1-420 Reserved 7/15/2018 Res 3/21/2025

(a) Tanks. Owners and operators of petroleum UST systems must provide release detection for tanks as follows:(1) Tanks that are neither part of an airport hydrant fuel distribution system nor a UST system with field-constructed tanks: (A) Tanks installed before August 9, 2013 mus…

Owners and operators of hazardous substance UST systems must monitor these systems in accordance with section 11-280.1-43(7) at least every thirty-one days. In addition, underground piping that conveys hazardous substances under pressure must be equipped with an automatic line le…

The purpose of this subchapter is to create an enforcement program that facilitates the effective and expeditious resolution of violations of chapter 342L, Hawaii Revised Statutes, and this chapter. Notes Haw. Code R. § 11-280.1-421 [Eff 7/15/2018] (Auth: HRS § 342L-3) (Imp: HRS …

(a) Field citations may be issued for violations of chapter 342L, Hawaii Revised Statutes, and this chapter that the department deems appropriate for resolution through the issuance of a field citation. Nothing in this section requires the department to elect one enforcement mech…

Notes Haw. Code R. §§ 11-280.1-423 to 11-280.1-428 Reserved 7/15/2018 Res 3/21/2025

(a) No person shall deliver to, deposit into, or accept a regulated substance into an UST or tank system that has been identified by the department as ineligible for delivery, deposit, or acceptance. (b) An UST or tank system shall be identified by the department as ineligible fo…

Each method of release detection for tanks used to meet the requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in accordance with the following: (1) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted month…

Each method of release detection for piping used to meet the requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in accordance with the following: (1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shu…

All UST system owners and operators must maintain records in accordance with section 11-280.1-34 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following: (1) All written performance claims pertaining to any release de…

(a) The following code of practice may be used to comply with section 11-280.1-40(a)(4): Petroleum Equipment Institute Publication RP1200, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilit…

Notes Haw. Code R. §§ 11-280.1-47 to 11-280.1-49 Reserved 7/15/2018 Res 3/21/2025

Owners and operators of UST systems must notify the department within twenty-four hours and follow the procedures in section 11-280.1-52 for any of the following conditions: (1) The discovery by any person of evidence of released regulated substances at the UST site or in the sur…

When required by the department, owners and operators of UST systems must follow the procedures in section 11-280.1-52 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free produ…

(a) Unless release response action is initiated in accordance with subchapter 6, owners and operators must immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 11-280.1-50 within seven days following the discovery of…

(a) Owners and operators of UST systems must contain and immediately clean up all spills and overfills in a manner which is protective of human health and the environment as set forth in section 11-280.1-65.3. (b) Owners and operators must notify the department within twenty-four…

Notes Haw. Code R. §§ 11-280.1-54 to 11-280.1-59 Reserved 7/15/2018 Res 3/21/2025

Owners and operators of petroleum or hazardous substance UST systems must, in response to a confirmed release from the UST system, comply with the requirements of this subchapter, except for USTs excluded under section 11-280.1-10(b) and UST systems subject to RCRA Subtitle C cor…

(a) Upon confirmation of a release in accordance with section 11-280.1-52 or after a release from the UST system is identified in any other manner, owners and operators must perform the following response actions within twenty-four hours: (1) Report the release to the department …

(a) Unless directed to do otherwise by the department, owners and operators must perform the following abatement measures:(1) Continue to remove as much of the regulated substance from the UST system as is necessary to prevent further release to the environment; (2) Visually insp…

(a) Owners and operators must assemble information about the site and the nature of the release, including information gained while confirming the release or completing the initial abatement measures in sections 11-280.1-60 and 11-280.1-61. This information must include, but is n…

(a) At sites where investigations under section 11-280.1-62(a)(6) indicate the presence of free product, owners and operators must remove free product to the maximum extent practicable as determined by the department while continuing, as necessary, any actions initiated under sec…

(a) In order to determine the full extent and location of soils contaminated by the release and the presence and concentrations of dissolved product contamination in the groundwater and surface water, owners and operators must conduct investigations of the release, the release si…

(a) The department may require that the owner and operator submit a written corrective action plan for responding to a release, if one or more of the following minimum threshold criteria is met:(1) Actual or probable release to groundwater which is a drinking water supply; (2) Ac…

(a) The department shall conduct public participation activities in accordance with subsections (c) through (h) when:(1) A corrective action plan required pursuant to section 11-280.1-66(a) has been submitted and the department has made a tentative decision concerning the propose…

Notes Haw. Code R. §§ 11-280.1-68 to 11-280.1-69 Reserved 7/15/2018 Res 3/21/2025