Haw. Code R. § 11-280.1-10 - Applicability
(a) The requirements of this chapter apply to
all owners and operators of an UST system as defined in section
11-280.1-12, except as otherwise
provided in this section.
(1) Airport hydrant
fuel distribution systems, UST systems with field-constructed tanks, and UST
systems that store fuel solely for use by emergency power generators must meet
the requirements of this chapter as follows:
(A) Airport hydrant fuel distribution systems
and UST systems with field-constructed tanks must meet all applicable
requirements of this chapter, except that those installed before July 15, 2018
must meet the applicable requirements of subchapters 4, 8, 10, and 12 no later
than July 15, 2019.
(B) UST systems
that store fuel solely for use by emergency power generators must meet all
applicable requirements of this chapter, except that those installed before
August 9, 2013 must meet the applicable requirements of subchapter 4 no later
than July 15, 2019.
(2)
Any UST system listed in subsection (c) must meet the requirements of section
11-280.1-11.
(b) Exclusions. The following UST systems are
excluded from the requirements of this chapter:
(1) Any UST system holding hazardous wastes
listed or identified under chapter 342J, Hawaii Revised Statutes, or the rules
adopted thereunder, or Subtitle C of the Solid Waste Disposal Act, or a mixture
of such hazardous waste and other regulated substances;
(2) Any wastewater treatment tank system that
is part of a wastewater treatment facility regulated under chapter 3420, Hawaii
Revised Statutes, or Section 402 or 307(b) of the Clean Water Act;
(3) Equipment or machinery that contains
regulated substances for operational purposes such as hydraulic lift tanks and
electrical equipment tanks;
(4) Any
UST system whose capacity is one hundred ten gallons or less;
(5) Any UST system that contains a de minimis
concentration of regulated substances; and
(6) Any emergency spill or overflow
containment UST system that is expeditiously emptied after
use.
(c) Partial
Exclusions. Subchapters 2, 3, 4, 5, 7, 10, and 12 do not apply to:
(1) Wastewater treatment tank systems not
covered under subsection (b)(2);
(2) Aboveground storage tanks associated
with:
(A) Airport hydrant fuel distribution
systems; and
(B) UST systems with
field-constructed tanks;
(3) Any UST systems containing radioactive
material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.
2011 and following); and
(4) Any UST system that is part of an
emergency generator system at nuclear power generation facilities licensed by
the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission
requirements regarding design and quality criteria, including but not limited
to 10 C.F.R. part 50.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(a) The requirements of this chapter apply to all owners and operators of an UST system as defined in section 11-280.1-12 except as otherwise provided in this section.
(1) Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators must meet the requirements of this chapter as follows:
(A) Airport hydrant fuel distribution systems and UST systems with field-constructed tanks must meet all applicable requirements of this chapter, except that those installed before the effective date of these rules must meet the applicable requirements of subchapters 4, 8, 10, and 12 no later than one year after the effective date of these rules.
(B) UST systems that store fuel solely for use by emergency power generators must meet all applicable requirements of this chapter except that those installed before August 9, 2013 must meet the applicable requirements of subchapter 4 no later than one year after the effective date of these rules.
(2) Any UST system listed in subsection (c) must meet the requirements of section 11-280.1-11.
(b) Exclusions. The following UST systems are excluded from the requirements of this chapter:
(1) Any UST system holding hazardous wastes listed or identified under chapter 342J, Hawaii Revised Statutes, or the rules adopted thereunder, or Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;
(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under chapter 342D, Hawaii Revised Statutes, or Section 402 or 307(b) of the Clean Water Act;
(3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;
(4) Any UST system whose capacity is one hundred ten gallons or less;
(5) Any UST system that contains a de minimis concentration of regulated substances; and
(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.
(c) Partial Exclusions. Subchapters 2, 3, 4, 5, 7, 10, and 12 do not apply to:
(1) Wastewater treatment tank systems not covered under subsection (b)(2);
(2) Aboveground storage tanks associated with:
(A) Airport hydrant fuel distribution systems; and
(B) UST systems with field-constructed tanks;
(3) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 and following); and
(4) Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 C.F.R. part 50.