Hawaii Administrative Code

Ownership of an UST or UST system or facility or property on which an UST or UST system is located. A holder is not an "owner" of a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located for purposes of compliance with the UST techni…

Notes Haw. Code R. §§ 11-280.1-221 to 11-280.1-229 Reserved 7/15/2018 Res 3/21/2025

Owners and operators of hazardous substance UST systems must provide secondary containment for tanks and underground piping that meets the requirements of section 11-280.1-24. Notes Haw. Code R. § 11-280.1-23 [Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-32) (Imp: HRS §§ 342L-3, 342…

(a) Operating an UST or UST system prior to foreclosure. A holder, prior to foreclosure, as defined in section 11-280.1-210(c), is not an "operator" of a petroleum UST or UST system for purposes of compliance with the UST technical standards as defined in section 11-280.1-200(a),…

Notes Haw. Code R. §§ 11-280.1-231 to 11-280.1-239 Reserved 7/15/2018 Res 3/21/2025

(a) Secondary containment systems must be designed, constructed, and installed to: (1) Contain regulated substances leaked from the primary containment until they are detected and removed; (2) Prevent the release of regulated substances to the environment at any time during the o…

All owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subchapter. Notes Haw. Code R. § 11-280.1-240 [Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-32) (Imp: HRS §§ 342L-3, 342L-32) Comp 1/17/…

(a) UST system owners and operators must designate:(1) At least one Class A and one Class B operator for each UST or group of USTs at a facility; and (2) Each individual who meets the definition of Class C operator at the UST facility as a Class C operator. (b) Separate individua…

UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section. Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to th…

(a) An owner and operator must ensure that designated Class A, Class B, and Class C operators meet the requirements in section 11-280.1-242. (b) Class A and Class B operators designated on or after July 15, 2018 must meet requirements in section 11-280.1-242 within thirty days of…

(a) Class A and class B operators shall be retrained every five years. Class C operators shall be retrained every three hundred sixty-five days. (b) Class A and Class B operators of UST systems determined by the department to be out of compliance must complete a training program …

Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with section 11-280.1-34 as follows: …

Notes Haw. Code R. §§ 11-280.1-246 to 11-280.1-249 Reserved 7/15/2018 Res 3/21/2025

(a) Dispenser systems installed on or after August 9, 2013, other than for airport hydrant fuel distribution systems and UST systems with field-constructed tanks, must have under-dispenser containment that meets the requirements in subsection (c). (b) Dispenser systems installed …

Notes Haw. Code R. §§ 11-280.1-250 to 11-280.1-299 Reserved 7/15/2018 Res 3/21/2025

(a) The following codes of practice may be used to comply with section 11-280.1-20(b)(1): (1) Underwriters Laboratories Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures"; or (2) Underwriter's …

Notes Haw. Code R. §§ 11-280.1-27 to 11-280.1-29 Reserved 7/15/2018 Res 3/21/2025

(a) Owners and operators must remediate soil, surface water, and groundwater, and materials contaminated by releases from USTs or tank systems in a manner that is protective of human health and the environment and achieves cleanup as described in subsection (b). (b) Owners and op…

(a) Owners and operators must ensure that releases due to spilling or overfilling do not occur. The owner and operator must ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the tr…

Notes Haw. Code R. §§ 11-280.1-300 to 11-280.1-322 Reserved 7/15/2018 Res 3/21/2025

All owners and operators of metal UST systems with corrosion protection must comply with the following requirements to ensure that releases due to corrosion are prevented until the UST system is permanently closed or undergoes a change-in-service pursuant to section 11-280.1-71: …

(a) Owners and operators must use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. (b) Owners and operators must notify the department at least thirty days prior to switching to a regulated substance containing greater…

(a) No person shall install or operate an UST or tank system without first obtaining a permit from the director. (b) The director shall approve an application for a permit only if the applicant has submitted sufficient information to the satisfaction of the director that the tech…

(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…