Haw. Code R. § 11-264-1050 - Applicability
(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 contacts
hazardous wastes with organic concentrations of at least ten percent by weight
that are managed in one of the following:
(1)
A unit that is subject to the permitting requirements of chapter 11-270,
or
(2) A unit (including a
hazardous waste recycling unit) that is not exempt from permitting under the
provisions of section 11-262-34(a) (i.e., a hazardous waste recycling unit that
is not a "90-day" tank or container) and that is located at a hazardous waste
management facility otherwise subject to the permitting requirements of chapter
11-270, or
(c)
For the owner or operator of a facility subject to this subchapter and who
received a final permit under RCRA section 3005 prior to December 6, 1996, the
requirements of this subchapter shall be incorporated into the permit when a
State hazardous waste management permit is issued under section 11-271-15 or
the EPA-issued RCRA permit is reissued in accordance with the requirements of
section 11-271-15 or reviewed in accordance with the requirements of section
11-270-50(d). Until such date when the owner or operator receives a final
permit incorporating the requirements of this subchapter, the owner or operator
is subject to the requirements of 40 CFR part 265, subchapter BB.
(d) Each piece of equipment to which this
subchapter applies shall be marked in such a manner that it can be
distinguished readily from other pieces of equipment.
(e) Equipment that is in vacuum service is
excluded from the requirements of section 11-264-1052 to section 11-264-1060 if
it is identified as required in paragraph 11-264-1064(g) (5).
(f) Equipment that contains or contacts
hazardous waste with an organic concentration of at least 10 percent by weight
for less than 300 hours per calendar year is excluded from the requirements of
sections 11-264-1052 through 11-264-1060 if it is identified, as required in
section 11-264-1064(g) (6).
Notes
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