Haw. Code R. § 11-270-72 - Changes during interim status
(a) Except as
provided in subsection (b), the owner or operator of an interim status facility
may make the following changes at the facility:
(1) Treatment, storage, or disposal of new
hazardous wastes not previously identified in Part A of the permit application
(and, in the case of newly listed or identified wastes, addition of the units
being used to treat, store, or dispose of the hazardous wastes on the effective
date of the listing or identification) if the owner or operator submits a
revised Part A permit application prior to such treatment, storage, or
disposal;
(2) Increases in the
design capacity of processes used at the facility if the owner or operator
submits a revised Part A permit application prior to such a change (along with
a justification explaining the need for the change) and the director approves
the changes because:
(i) There is a lack of
available treatment, storage, or disposal capacity at other hazardous waste
management facilities, or
(ii) The
change is necessary to comply with a federal, State, or county
requirement.
(3) Changes
in the processes for the treatment, storage, or disposal of hazardous waste or
addition of processes if the owner or operator submits a revised Part A permit
application prior to such change (along with a justification explaining the
need for the change) and the director approves the change because:
(i) The change is necessary to prevent a
threat to human health and the environment because of an emergency situation,
or
(ii) The change is necessary to
comply with a federal, State, or county requirement.
(4) Changes in the ownership or operational
control of a facility if the new owner or operator submits a revised Part A
permit application no later than ninety days prior to the scheduled change.
When a transfer of operational control of a facility occurs, the old owner or
operator shall comply with the requirements of chapter 11-265, subchapter H
(Financial Requirements), until the new owner or operator has demonstrated to
the director that he is complying with the requirements of that subchapter. The
new owner or operator must demonstrate compliance with subchapter H
requirements within six months of the date of the change in ownership or
operational control of the facility. Upon demonstration to the director by the
new owner or operator of compliance with subchapter H, the director shall
notify the old owner or operator in writing that he no longer needs to comply
with subchapter H as of the date of demonstration. All other interim status
duties are transferred effective immediately upon the date of the change in
ownership or operational control of the facility.
(5) Changes made in accordance with an
interim status corrective action order issued by EPA under section 3008(h) of
RCRA or other federal authority, by the department under HRS section
342J-36,
or by a court in a judicial action brought by EPA or by the department. Changes
under this paragraph are limited to the treatment, storage, or disposal of
solid waste from releases that originate within the boundary of the
facility.
(6) Addition of newly
regulated units for the treatment, storage, or disposal of hazardous waste if
the owner or operator submits a revised Part A permit application on or before
the date on which the unit becomes subject to the new requirements.
(b) Except as specifically allowed
under this subsection, changes listed under subsection (a) may not be made if
they amount to reconstruction of the hazardous waste management facility.
Reconstruction occurs when the capital investment in the changes to the
facility exceeds fifty percent of the capital cost of a comparable entirely new
hazardous waste management facility. If all other requirements are met, the
following changes may be made even if they amount to a reconstruction:
(1) Changes made solely for the purposes of
complying with the requirements of section 11-265-193 for tanks and ancillary
equipment.
(2) If necessary to
comply with federal, State, or county requirements, changes to an existing
unit, changes solely involving tanks or containers, or addition of replacement
surface impoundments that satisfy the standards of section
11-265-221.
(3) Changes that are
necessary to allow owners or operators to continue handling newly listed or
identified hazardous wastes that have been treated, stored, or disposed of at
the facility prior to the effective date of the rule establishing the new
listing or identification.
(4)
Changes during closure of a facility or of a unit within a facility made in
accordance with an approved closure plan.
(5) Changes necessary to comply with an
interim status corrective action order issued by EPA under section 3008(h) of
RCRA or other federal authority, by the department under HRS section
342J-36,
or by a court in a judicial proceeding brought by EPA or the department,
provided that such changes are limited to the treatment, storage, or disposal
of solid waste from releases that originate within the boundary of the
facility.
(6) Changes to treat or
store, in tanks, containers, or containment buildings, hazardous wastes subject
to land disposal restrictions imposed by chapter 11-268, provided that such
changes are made solely for the purpose of complying with chapter
11-268.
(7) Addition of newly
regulated units under paragraph (a)(6).
Notes
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