Haw. Code R. § 11-270-60 - Permits by rule

Notwithstanding any other provision of this chapter or chapter 11-271, the following shall be deemed to have a hazardous waste management permit if the conditions listed are met:

(a) Ocean disposal barges or vessels. The owner or operator of a barge or other vessel which accepts hazardous waste for ocean disposal, if the owner or operator:

(1) Has a permit for ocean dumping issued under 40 CFR part 220 (Ocean Dumping, authorized by the federal Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1420 et seq.);

(2) Complies with the conditions of that permit; and

(3) Complies with the following hazardous waste regulations:

(i) Section 11-264-11, Identification number;

(ii) Section 11-264-71, Use of manifest system;

(iii) Section 11-264-72, Manifest discrepancies;

(iv) Subsection 11-264-73(a) and paragraph 11-264-73(b)(1), Operating record;

(v) Section 11-264-75, Biennial report; and

(vi) Section 11-264-76, Unmanifested waste report.

(b) Injection wells. The owner or operator of an injection well disposing of hazardous waste, if the owner or operator:

(1) Has a permit for underground injection issued under 40 CFR Part 144 or 145; and

(2) Complies with the conditions of that permit and the requirements of 40 CFR 144.14 (requirements for wells managing hazardous waste).

(3) For UIC permits issued after November 8, 1984:

(i) Complies with section 11-264-101; and

(ii) Where the UIC well is the only unit at a facility which requires a hazardous waste management permit, complies with subsection 11-270-14(d).

(c) Publicly owned treatment works. The owner or operator of a POTW which accepts for treatment hazardous waste, if the owner or operator:

(1) Has an NPDES permit;

(2) Complies with the conditions of that permit; and

(3) Complies with the following regulations:

(i) Section 11-264-11, Identification number;

(ii) Section 11-264-71, Use of manifest system;

(iii) Section 11-264-72, Manifest discrepancies;

(iv) Subsection 11-264-73(a) and paragraph 11-264-73(b)(1), Operating record;

(v) Section 11-264-75, Biennial report;

(vi) Section 11-264-76, Unmanifested waste report; and

(vii) For NPDES permits issued after November 8, 1984, section 11-264-101.

(4) If the waste meets all federal, State, and local pretreatment requirements which would be applicable to the waste if it were being discharged into the POTW through a sewer, pipe, or similar conveyance.

(d) Hazardous waste management facilities operating pursuant to an unexpired EPA permit.

(1) Upon the effective date of these rules, all hazardous waste management facilities operating pursuant to an unexpired EPA permit will be deemed to have a State permit if the facility is:

(i) In compliance with all EPA permit conditions;

(ii) In compliance with all applicable provisions of HRS chapter 342J; and

(iii) In compliance with all applicable provisions of chapters 11-260 through 11-279.

(2) The EPA permit will be deemed to be a State permit until:

(i) The department either issues or denies the facility a State permit; or

(ii) The EPA permit expires and the permittee has not complied with the provisions in 40 CFR 270.51(1998) or section 11-270-51; or

(iii) The effective date of a new State permit if the permittee has complied with the provisions in 40 CFR 270.51(1998) or section 11-270-51 and the expired EPA permit is continued under 40 CFR 270.51(1998) or section 11-270-51, whichever is applicable.

(3) In order to qualify for a deemed State permit under this subsection, the owner or operator of the hazardous waste management facility must submit the EPA permit to the department with a transmittal letter indicating that the owner and operator are applying for a deemed State permit for the facility pursuant to this subsection.

(4) Notwithstanding any provision to the contrary in section 11-270-50, an EPA permit deemed a State permit under this subsection shall expire on the expiration date of the EPA permit.

(5) Notwithstanding any provision to the contrary, the granting of a deemed State permit by the department under this subsection shall not constitute the reissuance of a permit.

Notes

Haw. Code R. § 11-270-60

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §270.60)