Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart G - Interim Status › Section 11-270.72 - Changes during interim status

Current through June, 2024
(a) Except as
					 provided in paragraph (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 local
					 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 local 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 90 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 40 CFR part 265 , subpart H (Financial
					 Requirements), until the new owner or operator has demonstrated to the Director
					 that he is complying with the requirements of that subpart. The new owner or
					 operator must demonstrate compliance with subpart 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 subpart H, the Director shall notify the old owner or operator
					 in writing that he no longer needs to comply with subpart 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) or other Federal authority, by an authorized State under
					 comparable State authority, or by a court in a judicial action brought by EPA
					 or by an authorized State. 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.