Haw. Code R. § 11-265-340 - Applicability
(a) The rules in this subchapter apply to
owners and operators of hazardous waste incinerators (as defined in section
11-260-10), except as section 11-265-1 provides otherwise.
(b) Owners and operators of incinerators
burning hazardous waste are exempt from all of the requirements of this
subchapter, except section 11-265-351 (Closure), provided that the owner or
operator has documented, in writing, that the waste would not reasonably be
expected to contain any of the hazardous constituents listed in chapter
11-261, Appendix VIII, and such
documentation is retained at the facility, if the waste to be burned is:
(1) Listed as a hazardous waste in chapter
11-261, subchapter D, solely because
it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both;
or
(2) Listed as a hazardous waste
in chapter
11-261, subchapter D, solely because
it is reactive (Hazard Code R) for characteristics other than those listed in
paragraphs 11-261-23(a)(4) and 11-261-23(a)(5), and will not be burned when
other hazardous wastes are present in the combustion zone; or
(3) A hazardous waste solely because it
possesses the characteristic of ignitability, corrosivity, or both, as
determined by the tests for characteristics of hazardous wastes under chapter
11-261, subchapter C; or (4) A
hazardous waste solely because it possesses the reactivity characteristics
described by paragraph 11-261-23(a)(1), 11-261-23(a)(2), 11-261-23(a)(3),
11-261-23(a)(6), 11-261-23(a)(7), or 11-261-23(a)(8), and will not be burned
when other hazardous wastes are present in the combustion zone.
Notes
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