Haw. Code R. § 11-264-340 - Applicability

(a) The rules of this subchapter apply to owners and operators of hazardous waste incinerators (as defined in section 11-260-10), except as section 11-264-1 provides otherwise.

(b) After consideration of the waste analysis included with Part B of the permit application, the director, in establishing the permit conditions, must exempt the applicant from all requirements of this subchapter except section 11-264-341 (Waste analysis) and section 11-264-351 (Closure),

(1) If the director finds that the waste to be burned is:

(i) Listed as a hazardous waste in subchapter D of chapter 11-261, solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or

(ii) Listed as a hazardous waste in subchapter D of chapter 11-261, solely because it is reactive (Hazard Code R) for characteristics other than those listed in paragraphs 11-261-23(a) (4) and (5), and will not be burned when other hazardous wastes are present in the combustion zone; or

(iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under subchapter C of chapter 11-261; or

(iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by paragraphs 11-261-23(a) (1), (2), (3), (6), (7), and (8), and will not be burned when other hazardous wastes are present in the combustion zone; and

(2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in Appendix VIII of chapter 11-261, which would reasonably be expected to be in the waste.

(c) If the waste to be burned is one which is described by subparagraphs (b)(1)(i), (ii), (iii), or (iv) and contains insignificant concentrations of the hazardous constituents listed in Appendix VIII of chapter 11-261, then the director may, in establishing permit conditions, exempt the applicant from all requirements of this subchapter, except section 11-264-341 (Waste analysis) and section 11-264-351 (Closure), after consideration of the waste analysis included with Part B of the permit application, unless the director finds that the waste will pose a threat to human health and the environment when burned in an incinerator.

(d) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of section 11-270-62 (Short term and incinerator permits).

Notes

Haw. Code R. § 11-264-340

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.340)