Haw. Code R. § 11-264-553 - Temporary Units (TU)

(a) For temporary tanks and container storage areas used for treatment or storage of hazardous remediation wastes, during remedial activities required under section 11-264-101 or HRS section 342J-36, the director may determine that a design, operating, or closure standard applicable to such units may be replaced by alternative requirements which are protective of human health and the environment.

(b) Any temporary unit to which alternative requirements are applied in accordance with subsection (a) shall be:

(1) Located within the facility boundary; and

(2) Used only for treatment or storage of remediation wastes.

(c) In establishing standards to be applied to a temporary unit, the director shall consider the following factors:

(1) Length of time such unit will be in operation;

(2) Type of unit;

(3) Volumes of wastes to be managed;

(4) Physical and chemical characteristics of the wastes to be managed in the unit;

(5) Potential for releases from the unit;

(6) Hydrogeological and other relevant environmental conditions at the facility which may influence the migration of any potential releases; and

(7) Potential for exposure of humans and environmental receptors if releases were to occur from the unit.

(d) The director shall specify in the permit or order the length of time a temporary unit will be allowed to operate, to be no longer than a period of one year. The director shall also specify the design, operating, and closure requirements for the unit.

(e) The director may extend the operational period of a temporary unit once for no longer than a period of one year beyond that originally specified in the permit or order, if the director determines that:

(1) Continued operation of the unit will not pose a threat to human health and the environment; and

(2) Continued operation of the unit is necessary to ensure timely and efficient implementation of remedial actions at the facility.

(f) Incorporation of a temporary unit or a time extension for a temporary unit into an existing permit shall be:

(1) Approved in accordance with the procedures for department-initiated permit modifications under section 11-270-41; or

(2) Requested by the owner/operator as a Class II modification according to the procedures under section 11-270-42.

(g) The director shall document the rationale for designating a temporary unit and for granting time extensions for temporary units and shall make such documentation available to the public.

Notes

Haw. Code R. § 11-264-553

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.553)