Hawaii Administrative Code

(a) The contingency plan must describe the actions facility personnel must take to comply with sections 11-265-51 and 11-265-56 in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surf…

A copy of the contingency plan and all revisions to the plan must be: (a) Maintained at the facility; and (b) Submitted to all county police departments, fire departments, hospitals, and State and county emergency response teams that may be called upon to provide emergency servic…

The contingency plan must be reviewed, and immediately amended, if necessary, whenever: (a) Applicable regulations are revised; (b) The plan fails in an emergency; (c) The facility changes -- in its design, construction, operation, maintenance, or other circumstances -- in a way …

At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergenc…

(a) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately: (1) Activate internal facility alarms or communication systems, where applicable, to notify all facility person…

The rules in this subchapter apply to owners and operators of both on-site and off-site facilities, except as section 11-265-1 provides otherwise. Sections 11-265-71, 11-265-72, and 11-265-76 do not apply to owners and operators of on-site facilities that do not receive any hazar…

(a) If a facility receives hazardous waste accompanied by a manifest, the owner or operator, or his agent, must: (1) Sign and date each copy of the manifest to certify that the hazardous waste covered by the manifest was received; (2) Note any significant discrepancies in the man…

(a) Manifest discrepancies are differences between the quantity or type of hazardous waste designated on the manifest or shipping paper, and the quantity or type of hazardous waste a facility actually receives. Significant discrepancies in quantity are: (1) For bulk waste, variat…

(a) The owner or operator must keep a written operating record at his facility. (b) The following information must be recorded, as it becomes available, and maintained in the operating record until closure of the facility: (1) A description and the quantity of each hazardous wast…

(a) All records, including plans, required under this chapter must be furnished upon request, and made available at all reasonable times for inspection, by any officer, employee, or representative of the department who is duly designated by the director. (b) The retention period …

The owner or operator must prepare and submit a single copy of a biennial report to the director by March 1 of each even numbered year. The biennial report must be submitted on EPA Form 8700-13B (see Appendix VI). The report must cover facility activities during the previous cale…

If a facility accepts for treatment, storage, or disposal any hazardous waste from an off-site source without an accompanying manifest, or without an accompanying shipping paper as described in paragraph 11-263-20(e)(2), and if the waste is not excluded from the manifest requirem…

In addition to submitting the biennial report and unmanifested waste reports described in sections 11-265-75 and 11-265-76, the owner or operator must also report to the director: (a) Releases, fires, and explosions as specified in subsection 11-265-56(j); (b) Ground-water contam…

(a) The owner or operator of a surface impoundment, landfill, or land treatment facility which is used to manage hazardous waste must implement a ground-water monitoring program capable of determining the facility's impact on the quality of ground water in the uppermost aquifer u…

(a) A ground-water monitoring system must be capable of yielding ground-water samples for analysis and must consist of: (1) Monitoring wells (at least one) installed hydraulically upgradient (i.e., in the direction of increasing static head) from the limit of the waste management…

(a) The owner or operator must obtain and analyze samples from the installed ground-water monitoring system. The owner or operator must develop and follow a ground-water sampling and analysis plan. He must keep this plan at the facility. The plan must include procedures and techn…

(a) The owner or operator must prepare an outline of a ground-water quality assessment program. The outline must describe a more comprehensive ground-water monitoring program (than that described in sections 11-265-91 and 11-265-92) capable of determining: (1) Whether hazardous w…

(a) Unless the ground water is monitored to satisfy the requirements of paragraph 11-265-93(d)(4), the owner or operator must: (1) Keep records of the analyses required in subsections 11-265-92(c) and 11-265-92(d), the associated ground-water surface elevations required in subsec…

Title 40, part 265 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 11-265.1-2 to 11-265.1-25. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 265.143 is amended as follows: in 40 C.F.R. section 265.143(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with 'state…

Reserved for amendments to 40 C.F.R. part 265, subpart I. Notes Haw. Code R. § 11-265.1-11 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

The incorporation by reference of 40 C.F.R. section 265.191 is amended as follows: (1) In 40 C.F.R. section 265.191(a), replace "January 12, 1988" with "January 12, 1988 for HSWA tanks and June 18, 1995 for non-HSWA tanks". (2) In 40 C.F.R. section 265.191(c), replace "Tank syste…

The incorporation by reference of 40 C.F.R. section 265.221 is amended as follows: in 40 C.F.R. section 265.221(d)(2)(i)(C), replace "RCRA section 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-265.1-13 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

Notes Haw. Code R. §§ 11-265.1-14 to 11-265.1-15 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 265.301 is amended as follows: in 40 C.F.R. section 265.30l(d)(2)(i)(C), replace "RCRA 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-265.1-16 [Eff 7/17/20177] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp:…

The incorporation by reference of 40 C.F.R. section 265.340 is amended as follows: replace 40 C.F.R. section 265.340(b)(2) in its entirety to read: "(2) The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirem…

Notes Haw. Code R. §§ 11-265.1-18 to 11-265.1-19 Reserved 7/17/2017 Reserved 6/25/2020

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 265, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "applicable EPA Regional Administrator", "Assistant Administrat…

The incorporation by reference of 40 C.F.R. part 265, subpart R is amended as follows: replace 40 C.F.R. section 265.430 in its entirety to read: "§265.430 Applicability Underground injection of hazardous waste is prohibited in the State of Hawaii." Notes Haw. Code R. § 11-265.1-…

The incorporation by reference of 40 C.F.R. section 265.440 is amended as follows: in 40 C.F.R. section 265.440(a), replace "December 6, 1990" with "December 6, 1990 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads". Replace "December 24, 1992" with "December 24, 1992 …

(a) The incorporation by reference of 40 C.F.R. section 265.1030 is amended as follows: 40 C.F.R. section 265.1030(c) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1033 is amended as follows: (1) In 40 C.F.R. section 265.1033(a)(2)(ii…

(a) The incorporation by reference of 40 C.F.R. section 265.1050 is amended as follows: 40 C.F.R. section 265.1050(f) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1060 is amended as follows: in 40 C.F.R. section 265.1060 (b)(3), dele…

(a) The incorporation by reference of 40 C.F.R. section 265.1080 is amended as follows: (1) In 40 C.F.R. section 265.1080(b)(5), insert "section 342J-36, HRS;" after "CERCLA authorities; ". (2) In 40 C.F.R. section 265.1080(c)(1) and (2), replace "when the permit is reissued" wit…

The incorporation by reference of 40 C.F.R. section 265.1100 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. § 11-265.1-25 [Eff 7/17/2017]…

(a) The incorporation by reference of 40 C.F.R. section 265.1 is amended as follows: (1) In 40 C.F.R. section 265.1(a), replace "national standards" with "state standards ". (2) In 40 C.F.R. section 265.1(b), replace 'section 3005 RCRA" with "section 342J-5, HRS, ". Replace "faci…

(a) The incorporation by reference of 40 C.F.R. section 265.11 is amended as follows: replace "in accordance with the EPA notification procedures (45 FR 12746)" with "using EPA form 8700-12". (b) The incorporation by reference of 40 C.F.R. section 265.12 is amended as follows: ad…

Notes Haw. Code R. § 11-265.1-5 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 265.56 is amended as follows: in 40 C.F.R. section 265.56(d)(2), replace "either the government official designated as the on scene coordinator for that geographical area, or" with "the government official designated as the on-s…

(a) The incorporation by reference of 40 C.F.R. section 265.70 is amended as follows: 40 C.F.R. section 265.70(b) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.71 is amended as follows: the comment in 40 C.F.R. section 265.71(c) is ex…

The incorporation by reference of 40 C.F.R. section 265.90 is amended as follows: in section 40 C.F.R. section 265.90(d)(1), replace "develop" with "submit to the director". Notes Haw. Code R. § 11-265.1-8 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS…

(a) The incorporation by reference of 40 C.F.R. section 265.113 is amended as follows: 40 C.F.R. section 265.113(e)(7)(v) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.116 is amended as follows: replace "local zoning authority" with "…

All references in tables and appendices to provisions of the code of federal regulations shall be construed to mean the State rule analogue of the referenced federal regulation (for example, 40 CFR 260.1 shall be construed to mean section 11-260-1 of the Hawaii Administrative Rul…

(a) The regulations of this subchapter apply to hazardous waste burned or processed in a boiler or industrial furnace (as defined in section 11-260-10) irrespective of the purpose of burning or processing, except as provided by subsections (b), (c), (d), and (f) of this section. …

(a) Generators. Generators of hazardous waste that is burned in a boiler or industrial furnace are subject to chapter 11-262. (b) Transporters. Transporters of hazardous waste that is burned in a boiler or industrial furnace are subject to chapter 11-263. (c) Storage facilities. …

(a) Applicability. (1) General. Owners and operators of boilers and industrial furnaces burning hazardous waste and not operating under interim status must comply with the requirements of this section and sections 11-270-22 and 11-270-66, unless exempt under the small quantity bu…

(a) Purpose, scope, applicability.-- (1) General. (i) The purpose of this section is to establish minimum State standards for owners and operators of "existing" boilers and industrial furnaces that have achieved RCRA interim status on the effective date of this chapter and burn h…

(a) DRE standard. (1) General. Except as provided in paragraph (a)(3), a boiler or industrial furnace burning hazardous waste must achieve a destruction and removal efficiency (DRE) of 99.99 percent for all organic hazardous constituents in the waste feed. To demonstrate conforma…