Hawaii Administrative Code

(a) The incorporation by reference of 40 C.F.R. section 262.262 is amended as follows: in 40 C.F.R. section 262.262(b), replace "May 30, 2017" with "September 30, 2018". (b) The incorporation by reference of 40 C.F.R. section 262.265 is amended as follows: in 40 C.F.R. section 26…

(a) In addition to the requirements of 40 C.F.R. part 262, subpart H, as incorporated and amended in this chapter, any person who imports hazardous waste from a foreign country into the State must submit the following information in writing to the director within thirty days afte…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 262, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

(a) The incorporation by reference of 4 0 C.F.R. section 262.1 is amended as follows: the following definitions are amended as follows: "Condition of exemption" definition. Delete "subpart K or". "Independent requirement " definition. Delete "subpart K or". (b) The incorporation …

The incorporation by reference of 40 C.F.R. section 262.20 is amended as follows: 40 C.F.R. section 262.20(a)(2) is excluded from incorporation. Notes Haw. Code R. § 11-262.1-4 Reserved 7/17/2017 Reserved 6/25/2020 [Eff and comp 1/29/2024] (Auth: HRS § § 342J-4, 342J-31, 342J-32,…

Reserved for amendments to 40 C.F.R. part 262, subpart C. Notes Haw. Code R. § 11-262.1-5 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) Am and Comp 9/30/2018 Am and comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

(a) The incorporation by reference of 40 C.F.R. section 262.41 is amended as follows: in 40 C.F.R. section 262.41(b), delete "267". (b) The incorporation by reference of 40 C.F.R. section 262.42 is amended as follows: in 40 C.F.R. section 262.42(a)(2) and 262.42(b), delete "for t…

Reserved for amendments to 40 C.F.R. part 262, subpart E. Notes Haw. Code R. § 11-262.1-7 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-32, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

Notes Haw. Code R. §§ 11-262.1-8 to 11-262.1-9 Reserved 7/17/2017 Reserved 6/25/2020

(a) This chapter establishes standards which apply to persons transporting hazardous waste into, within, and out of the State if the transportation requires a manifest under chapter 11-262. (b) These rules do not apply to on-site transportation of hazardous waste by generators or…

(a) A transporter must not transport hazardous wastes without having received an EPA identification number from the Administrator or the director. (b) A transporter who has not received an EPA identification number may obtain one by applying to the director using EPA Form 8700-12…

A transporter who stores 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 is not subject to regulation under chapters 11-270, 11-264, 11-265, and 11-268 with respect to the …

(a) A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed in accordance with the provisions of section 11-262-20. In the case of exports other than those subject to subchapter H of chapter 11-262, a transporter may not accept …

(a) The transporter must deliver the entire quantity of hazardous waste which he has accepted from a generator or a transporter to: (1) The designated facility listed on the manifest; or (2) The alternate designated facility, if the hazardous waste cannot be delivered to the desi…

(a) A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initia…

(a) In the event of a discharge of hazardous waste during transportation, the transporter must take appropriate immediate action to protect human health and the environment (e.g., notify local authorities, dike the discharge area). (b) If a discharge of hazardous waste occurs dur…

A transporter must clean up any hazardous waste discharge that occurs during transportation or take such action as may be required or approved by Federal, State, or county officials so that the hazardous waste discharge no longer presents a hazard to human health or the environme…

Title 40, part 263 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-263.1-2 to 11-263.1-5. Notes Haw. Co…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 263, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

(a) The incorporation by reference of 40 C.F.R. section 263.10 is amended as follows: in the note to 40 C.F.R. section 263.10(a), replace "enforceable by EPA" with "enforceable by EPA and the state department of health". (b) The incorporation by reference of 40 C.F.R. section 263…

The incorporation by reference of 40 C.F.R. section 263.20 is amended as follows: (1) 40 C.F.R. section 263.20(a)(3) is excluded from incorporation. (2) In 40 C.F.R. section 263.20(b), add a new sentence at the end of the section to read: "Before transporting the hazardous waste,…

The incorporation by reference of 40 C.F.R. section 263.30 is amended as follows: in 40 C.F.R. section 263.30(c)(1), insert "and to the State department of health, Hazard Evaluation and Emergency Response Office via the State Hospital at (808) 247-2191 after business hours or dir…

(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 faci…

(a) The rules in this subchapter apply to owners and operators of all hazardous waste facilities, except as provided in section 11-264-1 and in subsection (b) of this section. (b) Subsection 11-264-18(b) applies only to facilities subject to regulation under subchapters I through…

An owner or operator required to establish a corrective action program under this subchapter must, at a minimum, discharge the following responsibilities: (a) The owner or operator must take corrective action to ensure that regulated units are in compliance with the ground-water …

(a) The owner or operator of a facility seeking a permit for the treatment, storage or disposal of hazardous waste must institute corrective action as necessary to protect human health and the environment for all releases of hazardous waste or constituents from any solid waste ma…

(a) The rules in this subchapter apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 11-264-1). (b) Except for subsections 11-264-1034(d) and (e), this subchapter applies to process vents associated with dis…

As used in this subchapter, all terms not defined herein shall have the meaning given them in HRS chapter 342J and Hawaii Administrative Rules chapters 11-260 through 11-266. "Air stripping operation" is a desorption operation employed to transfer one or more volatile components …

(a) The owner or operator of a facility with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations managing hazardous wastes with organic concentrations of at least ten ppmw shall either: (1) Red…

(a) (1) Owners or operators of closed-vent systems and control devices used to comply with provisions of this chapter shall comply with the provisions of this section. (2) (i) The owner or operator of an existing facility who cannot install a closed-vent system and control device…

(a) Each owner or operator subject to the provisions of this subchapter shall comply with the test methods and procedures requirements provided in this section. (b) When a closed-vent system is tested for compliance with no detectable emissions, as required in subsection 11-264-1…

(a) (1) Each owner or operator subject to the provisions of this subchapter shall comply with the recordkeeping requirements of this section. (2) An owner or operator of more than one hazardous waste management unit subject to the provisions of this subchapter may comply with the…

(a) A semiannual report shall be submitted by owners and operators subject to the requirements of this subchapter to the director by dates specified by the director. The report shall include the following information: (1) The EPA identification number, name, and address of the fa…

Notes Haw. Code R. § 11-264-1037 - 11-264-1049

(a) The rules in this subchapter apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 11-264-1). (b) Except as provided in subsection 11-264-1064(k), this subchapter applies to equipment that contains or cont…

As used in this subchapter, all terms shall have the meaning given them in section 11-264-1031, HRS chapter 342J, and chapters 11-260 through 11-266. Notes Haw. Code R. § 11-264-1051 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1051)…

(a) (1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in subsection 11-264-1063(b), except as provided in subsections (d), (e), and (f). (2) Each pump in light liquid service shall be checked by visual inspection each calend…

(a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in subsections (h) and (i). (b) Each compressor seal system as required in subsection (a) shall…

(a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than five-hundred ppm above background, as measured by the method specified in subsection 11-264-106…

(a) Each sampling connection system shall be equipped with a closed-purge, closed-loop, or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample con…

(a) (1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve. (2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous waste stream flow through the open-ended v…

(a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in subsection 11-264-1063(b) and shall comply with subsections (b) through (e), except as provided in subsections (f), (g), and (h), and sections 11-264-1061 an…

(a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within five days by the method specified in subsection 11-264-1063(b) if evidence of a potential leak is found by vis…

(a) Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous waste management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous waste manageme…

(a) Owners or operators of closed-vent systems and control devices subject to this subchapter shall comply with the provisions of section 11-264-1033. (b) (1) The owner or operator of an existing facility who cannot install a closed-vent system and control device to comply with t…

(a) An owner or operator subject to the requirements of section 11-264-1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak. (b) The following requirements shall …

(a) (1) An owner or operator subject to the requirements of section 11-264-1057 may elect for all valves within a hazardous waste management unit to comply with one of the alternative work practices specified in paragraphs (b) (2) and (3). (2) An owner or operator must notify the…