Hawaii Administrative Code

(a) The incorporation by reference of 40 C.F.R. section 264.1080 is amended as follows: (1) In 40 C.F.R. section 264.1080(b)(5), insert "section 342J-36, HRS;" after "CERCLA authorities; ". (2) In 40 C.F.R. section 264.1080(c), replace "when the permit is reissued" with "when a s…

The incorporation by reference of 40 C.F.R. section 264.1100 is amended as follows: in the introductory paragraph, replace "RCRA section 3004(k)" with "40 C.F.R. section 268.2(c), as incorporated and amended in section 11-268.1-1". Notes Haw. Code R. § 11-264.1-24 [Eff 7/17/2017]…

(a) The incorporation by reference of 40 C.F.R. section 264.1 is amended as follows: (1) In 40 C.F.R. section 264.1(a), replace "national standards" with "state standards". (2) Replace 40 C.F.R. section 264.1(d) in its entirety to read: "(d) Underground injection of hazardous was…

(a) The incorporation by reference of 40 C.F.R. section 264.12 is amended as follows: add a new subsection (d) to read: "(d) Any person who imports hazardous waste into the State from a foreign country or from any state must comply with section 11-262.1-16." (b) The incorporation…

(a) The incorporation by reference of 40 C.F.R. section 264.52 is amended as follows: in 40 C.F.R. section 264.52(d), replace "names, addresses, and phone numbers (office and home)" with "names and emergency telephone numbers". (b) The incorporation by reference of 40 C.F.R. sect…

(a) The incorporation by reference of 40 C.F.R. section 264.70 is amended as follows: 40 C.F.R. section 264.70(b) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 264.73 is amended as follows: (1) In 40 C.F.R. section 264.73(b)(4), replace "…

(a) The incorporation by reference of 40 C.F.R. section 264.113 is amended as follows: 40 C.F.R. section 264.113(e)(7)(v) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 264.116 is amended as follows: replace "local zoning authority" with "…

All earthen dikes must have a protective cover, such as grass, shale, or rock, to minimize wind and water erosion and to preserve their structural integrity. Notes Haw. Code R. § 11-265-222.1 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §26…

The rules in this subchapter apply to owners and operators of all hazardous waste facilities, except as section 11-265-1 provides otherwise. Notes Haw. Code R. § 11-265-10 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.10)

(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 11-265-1). (b) Except for subsections 11-265-1034(d) and 11-265-1034(e), this subchapter applies to process vents associat…

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. § 11-265-1031 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.1031)…

(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 at least 10 ppmw shall either: (1) Reduce t…

(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 11-265-1…

(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) 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 11-265-1). (b) Except as provided in subsection 11-265-1064(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. § 11-265-1051 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.1051)…

(a) (1) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in subsection 11-265-1063(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 11-265-106…

(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 11-265-1063(b) and shall comply with subsections (b) through (e), except as provided in subsections (f), (g), and (h) and sections 11-265-1061 and…

(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 11-265-1063(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 and operators of closed-vent systems and control devices subject to this subchapter shall comply with the provisions of section 11-265-1033. (b) (1) The owner or operator of an existing facility who can not install a closed-vent system and control device to comply with…

(a) An owner or operator subject to the requirements of section 11-265-1057 may elect to have all valves within a hazardous waste management unit comply with an alternative standard which allows no greater than two percent of the valves to leak. (b) The following requirements sha…

(a) (1) An owner or operator subject to the requirements of section 11-265-1057 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 (b) (3). (2) An owner or operator must notify…

(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) Leak detection monitoring, as required in sections 11-265-1052 through 11-265-1062, shall comply with the following…

(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) The requirements of this subchapter apply to owners and operators of all facilities that treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers subject to either subchapter I, J, or K except as section 11-265-1 and subsection (b) provide oth…

As used in this subchapter, all terms not defined herein shall have the meaning given to them by chapter 342J, HRS and chapters 11-260 through 11-266 of the Hawaii Administrative Rules. "Average volatile organic concentration" or "average VO concentration" means the mass-weighted…

(a) Owners or operators of facilities existing on December 6, 1996, and subject to subchapters I, J, and K shall meet the following requirements: (1) Install and begin operation of all control equipment or waste management units required to comply with this subchapter and complet…

(a) This section applies to the management of hazardous waste in tanks, surface impoundments, and containers subject to this subchapter. (b) The owner or operator shall control air pollutant emissions from each hazardous waste management unit in accordance with standards specifie…

(a) Waste determination procedure to determine average volatile organic (VO) concentration of a hazardous waste at the point of waste origination. (1) An owner or operator shall determine the average VO concentration at the point of waste origination for each hazardous waste plac…

(a) The provisions of this section apply to the control of air pollutant emissions from tanks for which section 11-265-1083(b) references the use of this section for such air emission control. (b) The owner or operator shall control air pollutant emissions from each tank subject …

(a) The provisions of this section apply to the control of air pollutant emissions from surface impoundments for which section 11-265-1083(b) references the use of this section for such air emission control. (b) The owner or operator shall control air pollutant emissions from the…

(a) The provisions of this section apply to the control of air pollutant emissions from containers for which section 11-265-1083(b) references the use of this section for such air emission control. (b) General requirements. (1) The owner or operator shall control air pollutant em…

(a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions in accordance with standards of this subchapter. (b) The closed-vent system shall meet the following requirements: (1) The closed-vent s…

(a) The owner or operator shall inspect and monitor air emission control equipment used to comply with this subchapter in accordance with the applicable requirements specified in sections 11-265-1085 through 11-265-1088. (b) The owner or operator shall develop and implement a wri…

(a) Each owner or operator of a facility subject to requirements in this subchapter shall record and maintain the information specified in subsections (b) through (j), as applicable to the facility. Except for air emission control equipment design documentation and information re…

Every facility owner or operator must apply to the State for an EPA identification number in accordance with the State notification procedures. Notes Haw. Code R. § 11-265-11 [Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.11)

Except as section 11-265-1 provides otherwise: (a) Sections 11-265-111 through 11-265-115 (which concern closure) apply to the owners and operators of all hazardous waste management facilities; and (b) Sections 11-265-116 through 11-265-120 (which concern post-closure care) apply…

The requirements of this subchapter apply to owners or operators who store or treat hazardous waste in units designed and operated under section 11-265-1101. The owner or operator is not subject to the definition of land disposal in chapter 11-260 provided that the unit: (a) Is a…

(a) All containment buildings must comply with the following design standards: (1) The containment building must be completely enclosed with a floor, walls, and a roof to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure containment of managed w…

(a) At closure of a containment building, the owner or operator must remove or decontaminate all waste residues, contaminated containment system components (liners, etc.), contaminated subsoils, and structures and equipment contaminated with waste and leachate, and manage them as…

The owner or operator must close the facility in a manner that: (a) Minimizes the need for further maintenance, and (b) Controls, minimizes or eliminates, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous consti…