Haw. Code R. § 11-265-1 - Purpose, scope, and applicability

(a) The purpose of this chapter is to establish minimum State standards that are consistent with and at least as stringent as the federal standards set forth in 40 CFR Part 265(1998). These minimum State standards define the acceptable management of hazardous waste during the period of interim status and until certification of final closure or, if the facility is subject to post-closure requirements, until post-closure responsibilities are fulfilled.

(b) Except as provided in section 11-265-1080(b), the standards of this chapter, and of sections 11-264-552 and 11-264-553, apply to:

(1) Owners and operators of facilities that treat, store or dispose of hazardous waste who have fully complied with the requirements for interim status under section 342J-30, HRS and section 11-270-10 until either a permit is issued under section 342J-5, HRS or until applicable chapter 11-265 closure and post-closure responsibilities are fulfilled; and

(2) Owners and operators of facilities which:

(A) Were in existence on November 19, 1980; or

(B) Were in existence on the effective date of statutory or regulatory changes under RCRA that were made prior to the effective date of the first rules adopted under chapter 342J, HRS and that rendered the facility subject to the requirement to have a RCRA permit; or

(C) Are in existence on the effective date of statutory or regulatory changes under chapter 342J, HRS that are made after the effective date of the first rules adopted under chapter 342J, HRS and that render the facility subject to the requirement to have a permit under section 342J-30, HRS; and who have failed to provide timely notification as required by section 3010(a) of RCRA or section 342J-6.5, HRS and/or failed to file Part A of the permit application as required by 40 CFR 270.10(e) and (g) ( 1998) or subsections 11-270-10(e) and 11-270-10(g).

These standards apply to all treatment, storage and disposal of hazardous waste at these facilities after the effective date of these regulations, except as specifically provided otherwise in this chapter or chapter 11-261.

(c) The requirements of this chapter do not apply to:

(1) A person disposing of hazardous waste by means of ocean disposal subject to a permit issued under the Federal Marine Protection, Research, and Sanctuaries Act;

(2) [Reserved]

(3) The owner or operator of a POTW which treats, stores, or disposes of hazardous waste;

(4) [Reserved]

(5) The owner or operator of a facility permitted, licensed, or registered by the State to manage municipal or industrial solid waste, if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under this chapter by section 11-261-5;

(6) The owner or operator of a facility managing recyclable materials described in paragraphs 11-261-6(a)(2), 11-261-6(a)(3), and 11-261-6(a)(4) (except to the extent they are referred to in chapter 11-279 or subchapters C, F, G, or H of chapter 11-266).

(7) A generator accumulating waste on-site in compliance with section 11-262-34, except to the extent the requirements are included in section 11-262-34;

(8) A farmer disposing of waste pesticides from his own use in compliance with section 11-262-70; or

(9) The owner or operator of a totally enclosed treatment facility, as defined in section 11-260-10.

(10) The owner or operator of an elementary neutralization unit or a wastewater treatment unit as defined in section 11-260-10, provided that if the owner or operator is diluting hazardous ignitable (D001) wastes (other than the D001 High TOC Subcategory defined in section 11-268-40, Table Treatment Standards for Hazardous Wastes), or reactive (D003) waste, to remove the characteristic before land disposal, the owner/operator must comply with the requirements set out in subsection 11-265-17(b).

(11)

(i) Except as provided in subparagraph (c) (11) (ii), a person engaged in treatment or containment activities during immediate response to any of the following situations:

(A) A discharge of a hazardous waste;

(B) An imminent and substantial threat of a discharge of a hazardous waste;

(C) A discharge of a material which, when discharged, becomes a hazardous waste;

(D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in section 11-260-10.

(ii) An owner or operator of a facility otherwise regulated by this chapter must comply with all applicable requirements of subchapters C and D.

(iii) Any person who is covered by subparagraph (c)(11)(i) and who continues or initiates hazardous waste treatment or containment activities after the immediate response is over is subject to all applicable requirements of this chapter and chapters 11-270 and 11-271 for those activities.

(iv) In the case of an explosives or munitions emergency response, if a federal, State, or local official acting within the scope of his or her official responsibilities, or an explosives or munitions emergency response specialist, determines that immediate removal of the material or waste is necessary to protect human health or the environment, that official or specialist may authorize the removal of the material or waste by transporters who do not have EPA identification numbers and without the preparation of a manifest. In the case of emergencies involving military munitions, the responding military emergency response specialist's organizational unit must retain records for three years identifying the dates of the response, the responsible persons responding, the type and description of material addressed, and its disposition.

(12) A transporter storing manifested shipments of hazardous waste in containers meeting the requirements of section 11-262-30 at a transfer facility for a period of ten days or less.

(13) The addition of absorbent material to waste in a container (as defined in section 11-260-10) or the addition of waste to the absorbent material in a container provided that these actions occur at the time waste is first placed in the containers; and subsection 11-265-17(b), and sections 11-265-171 and 11-265-172 are complied with.

(14) Universal waste handlers and universal waste transporters (as defined in section 11-260-10) handling the wastes listed below. These handlers are subject to regulation under chapter 11-273, when handling the below listed universal wastes.

(i) Batteries as described in section 11-273-2;

(ii) Pesticides as described in section 11-273-3; and

(iii) Thermostats as described in section 11-273-4.

(d) The following hazardous wastes must not be managed at facilities subject to regulation under this chapter.

(1) EPA Hazardous Waste Nos. FO20, FO21, FO22, FO23, FO26, or FO27 unless:

(i) The wastewater treatment sludge is generated in a surface impoundment as part of the plant's wastewater treatment system;

(ii) The waste is stored in tanks or containers;

(iii) The waste is stored or treated in waste piles that meet the requirements of subsection 11-264-250(c) as well as all other applicable requirements of subchapter L;

(iv) The waste is burned in incinerators that are certified pursuant to the standards and procedures in section 11-265-352; or

(v) The waste is burned in facilities that thermally treat the waste in a device other than an incinerator and that are certified pursuant to the standards and procedures in section 11-265-383.

(e) The requirements of this chapter apply to owners or operators of all facilities which treat, store or dispose of hazardous waste referred to in chapter 11-268, and the chapter 11-268 standards are considered material conditions or requirements of the chapter 11-265 interim status standards.

(f) Section 11-266-205 identifies when the requirements of this chapter apply to the storage of military munitions classified as solid waste under section 11-266-202. The treatment and disposal of hazardous waste military munitions are subject to the applicable permitting, procedural, and technical standards in chapters 11-260 through 11-270.

(g) 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 Rules).

Notes

Haw. Code R. § 11-265-1

[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.1)