Haw. Code R. § 11-265-1080 - Applicability
(a) The requirements of this subchapter apply
to owners and operators of all facilities that treat, store, or dispose of
hazardous waste in tanks, surface impoundments, or containers subject to either
subchapter I, J, or K except as section 11-265-1 and subsection (b) provide
otherwise.
(b) The requirements of
this subchapter do not apply to the following waste management units at the
facility:
(1) A waste management unit that
holds hazardous waste placed in the unit before December 6, 1996, and in which
no hazardous waste is added to the unit on or after December 6, 1996.
(2) A container that has a design capacity
less than or equal to 0.1 m3.
(3) A tank in which an owner or operator has
stopped adding hazardous waste and the owner or operator has begun implementing
or completed closure pursuant to an approved closure plan.
(4) A surface impoundment in which an owner
or operator has stopped adding hazardous waste (except to implement an approved
closure plan) and the owner or operator has begun implementing or completed
closure pursuant to an approved closure plan.
(5) A waste management unit that is used
solely for on-site treatment or storage of hazardous waste that is generated as
the result of implementing remedial activities required under the RCRA
corrective action authorities of 3004(u), 3004(v) or 3008(h), CERCLA
authorities, section
342J-36,
HRS, or similar federal or State authorities.
(6) A waste management unit that is used
solely for the management of radioactive mixed waste in accordance with all
applicable regulations under the authority of the Federal Atomic Energy Act and
the Federal Nuclear Waste Policy Act.
(7) A hazardous waste management unit that
the owner or operator certifies is equipped with and operating air emission
controls in accordance with the requirements of an applicable Federal Clean Air
Act regulation codified under 40 CFR part 60, part 61, or part 63. For the
purpose of complying with this paragraph, a tank for which the air emission
control includes an enclosure, as opposed to a cover, must be in compliance
with the enclosure and control device requirements of section 11-265-1085(i),
except as provided in section 11-265-1083(c)(5).
(8) A tank that has a process vent as defined
in section 11-264-1031.
(c) For the owner and operator of a facility
subject to this subchapter who has received a final permit under RCRA section
3005 prior to December 6, 1996, the following requirements apply:
(1) The requirements of chapter 11-264,
subchapter CC shall be incorporated into the permit when a State hazardous
waste management permit is issued in accordance with the requirements of
section 11-271-15 or the EPA-issued RCRA permit is reviewed in accordance with
the requirements of section 11-270-50(d).
(2) Until the date when the State hazardous
waste management permit is issued in accordance with the requirements of
section 11-271-15 or the EPA-issued RCRA permit is reviewed in accordance with
the requirements of section 11-270-50(d), the owner and operator is subject to
the requirements of this subchapter.
(d) The requirements of this subchapter,
except for the recordkeeping requirements specified in section 11-265-1090(i),
are administratively stayed for a tank or a container used for the management
of hazardous waste generated by organic peroxide manufacturing and its
associated laboratory operations when the owner or operator of the unit meets
all of the following conditions:
(1) The
owner or operator identifies that the tank or container receives hazardous
waste generated by an organic peroxide manufacturing process producing more
than one functional family of organic peroxides or multiple organic peroxides
within one functional family, that one or more of these organic peroxides could
potentially undergo self-accelerating thermal decomposition at or below ambient
temperatures, and that organic peroxides are the predominant products
manufactured by the process. For the purpose of meeting the conditions of this
paragraph, "organic peroxide" means an organic compound that contains the
bivalent -O-O- structure and which may be considered to be a structural
derivative of hydrogen peroxide where one or both of the hydrogen atoms has
been replaced by an organic radical.
(2) The owner or operator prepares
documentation, in accordance with the requirements of section 11-265-1090(i),
explaining why an undue safety hazard would be created if air emission controls
specified in sections 11-265-1085 through 11-265-1088 are installed and
operated on the tanks and containers used at the facility to manage the
hazardous waste generated by the organic peroxide manufacturing process or
processes meeting the conditions of paragraph (d)(1).
(3) The owner or operator notifies the
director in writing that hazardous waste generated by an organic peroxide
manufacturing process or processes meeting the conditions of paragraph (d)(1)
are managed at the facility in tanks or containers meeting the conditions of
paragraph (d)(2). The notification shall state the name and address of the
facility, and be signed and dated by an authorized representative of the
facility owner or operator.
Notes
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