reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-41 - Requirements for petroleum UST systems

Current through June, 2024
(a) Tanks. Owners
				  and operators of petroleum UST systems must provide release detection for tanks
				  as follows:
(1) UST systems other than airport
				  hydrant fuel distribution systems and UST systems with field-constructed tanks:
(A) Tanks installed before August 9, 2013
				  must be monitored for releases at least every thirty-one days using one of the
				  methods listed in section 11-280.1-43(4) to (9), except that:
(i) UST systems that meet the performance
				  standards in section 11-280.1-20, and the monthly inventory control
				  requirements in section 11-280.1-43(1) or (2), may use tank tightness testing
				  (conducted in accordance with section 11-280.1-43(3)) at least every five years
				  until ten years after the tank was installed; and
(ii) Tanks with capacity of 550 gallons or
				  less and tanks with a capacity of 551 to 1,000 gallons that meet the tank
				  diameter criteria in section 11-280.1-43(2) may use manual tank gauging
				  (conducted in accordance with section 11-280.1-43(2)).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-42 - Requirements for hazardous substance UST systems

Current through June, 2024
Owners and operators of hazardous substance UST systems
					 must monitor these systems in accordance with section 11-280.1-43(7) at least
					 every thirty-one days. In addition, underground piping that conveys hazardous
					 substances under pressure must be equipped with an automatic line leak detector
					 in accordance with section 11-280.1-44(1).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-43 - Methods of release detection for tanks

Current through June, 2024
Each method of release detection for tanks used to meet the
					 requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in
					 accordance with the following:
(1)
				  Inventory control. Product inventory control (or another test of equivalent
				  performance) must be conducted monthly to detect a release of at least one
				  percent of flow-through plus one hundred thirty gallons on a monthly basis in
				  the following manner:
(A) Inventory volume
				  measurements for regulated substance inputs, withdrawals, and the amount still
				  remaining in the tank are recorded each operating day;
(B) The equipment used is capable of
				  measuring the level of product over the full range of the tank's height to the
				  nearest one-eighth of an inch;
(C)
				  If a manual measuring device is used (e.g., a gauge stick), the measurements
				  must be made through a drop tube that extends to within one foot of the tank
				  bottom. Level measurements shall be to the nearest one-eighth of an
				  inch;
(D) The regulated substance
				  inputs are reconciled with delivery receipts by measurement of the tank
				  inventory volume before and after delivery;
(E) Deliveries are made through a drop tube
				  that extends to within one foot of the tank bottom;
(F) Product dispensing is metered and
				  recorded within the state standards for meter calibration or an accuracy of six
				  cubic inches for every five gallons of product withdrawn, and the meter is
				  calibrated every three hundred sixty-five days; and
(G) The measurement of any water level in the
				  bottom of the tank is made to the nearest one-eighth of an inch at least once a
				  month.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-44 - Methods of release detection for piping

Current through June, 2024
Each method of release detection for piping used to meet
					 the requirements of sections 11-280.1-40 to 11-280.1-42 must be conducted in
					 accordance with the following:
(1)
				  Automatic line leak detectors. Methods which alert the operator to the presence
				  of a leak by restricting or shutting off the flow of regulated substances
				  through piping may be used only if they detect leaks of three gallons per hour
				  at ten pounds per square inch line pressure within one hour. An annual test of
				  the operation of the leak detector must be conducted in accordance with section
				  11-280.1-40(a)(4).
(2) Line
				  tightness testing. A periodic test of piping may be conducted only if it can
				  detect a 0.1 gallon per hour leak rate at one and one-half times the operating
				  pressure.
(3) Applicable tank
				  methods. Any of the methods in section 11-280.1-43(5) to (9) may be used if
				  they are designed to detect a release from any portion of the underground
				  piping that routinely contains regulated substances.
(4) Methods of release detection for piping
				  associated with airport hydrant systems and field-constructed tanks. One or a
				  combination of the following methods of release detection for piping may be
				  used when allowed by section 11-280.1-41.
(A)
(i) Perform a semiannual or annual line
				  tightness test at or above the piping operating pressure in accordance with the
				  table below.
MAXIMUM LEAK DETECTION RATE PER TEST SECTION VOLUME
Test section volume (gallons)
Semiannual test-leak detection rate not to exceed
								(gallons per hour)
Annual test-leak detection rate not to exceed
								(gallons pel hour)
<50,000.......
1.0
0.5
>=50,000 to <75,000.........
1.5
0.75
>=75 000 to <100,000.........
2.0
1.0
>=100,000......................
3.0
1.5
(ii) Piping segment volumes >=100,000
				  gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for
				  the semiannual test may be tested at a leak rate up to 6.0 gallons per hour
				  according to the following schedule:
PHASE IN FOR PIPING SEGMENTS >=100,000 GALLONS IN
					 VOLUME
First test................
Not later than three years after the effective date
								of these rules (may use up to 6.0 gph leak rate).
Second test...........
Between three and six years after the effective
								date of these rules (may use up to 6.0 gph leak rate).
Third test...............
Between six and seven years after the effective
								date of these rules (must use 3.0 gph for leak rate).
Subsequent tests..
Not later than seven years after the effective date
								of these rules, begin using semiannual or annual line testing according to the
								Maximum Leak Detection Rate Per Test Section Volume table above.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-45 - Release detection recordkeeping

Current through June, 2024
All UST system owners and operators must maintain records
					 in accordance with section 11-280.1-34 demonstrating compliance with all
					 applicable requirements of this subchapter. These records must include the
					 following:
(1) All written performance
				  claims pertaining to any release detection system used, and the manner in which
				  these claims have been justified or tested by the equipment manufacturer or
				  installer, must be maintained for the operating life of the UST system. Records
				  of site assessments required under section 11-280.1-43(5)(F) and (6)(G) must be
				  maintained for as long as the methods are used. Records of site assessments
				  developed after the effective date of these rules must be signed by a
				  professional engineer or professional geologist, or equivalent licensed
				  professional with experience in environmental engineering, hydrogeology, or
				  other relevant technical discipline acceptable to the department;
(2) The results of any sampling, testing, or
				  monitoring must be maintained for at least three years, except as follows:
(A) The results of annual operation tests
				  conducted in accordance with section 11-280.1-40(a)(4) must be maintained for
				  three years. At a minimum, the results must list each component tested,
				  indicate whether each component tested meets criteria in section
				  11-280.1-40(a)(4) or needs to have action taken, and describe any action taken
				  to correct an issue;
(B) The
				  results of tank tightness testing conducted in accordance with section
				  11-280.1-43(3) must be retained until the next test is conducted; and
(C) The results of tank tightness testing.
				  line tightness testing, and vapor monitoring using a tracer compound placed in
				  the tank system conducted in accordance with section 11-280.1-43(10) or section
				  11-280.1-44(4) must be retained until the next test is conducted;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 4 - RELEASE DETECTION › Section 11-280.1-46 - Release detection-codes of practice

Current through June, 2024
(a) The following
				  code of practice may be used to comply with section 11-280.1-40(a)(4):
				  Petroleum Equipment Institute Publication RP1200, "Recommended Practices for
				  the Testing and Verification of Spill, Overfill, Leak Detection and Secondary
				  Containment Equipment at UST Facilities".
(b) Practices described in the American
				  Petroleum Institute Recommended Practice RP 1621, "Bulk Liquid Stock Control at
				  Retail Outlets" may be used, where applicable, as guidance in meeting the
				  requirements of section 11-280.1-43(1).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 5 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section 11-280.1-50 - Reporting of suspected releases

Current through June, 2024
Owners and operators of UST systems must notify the
					 department within twenty-four hours and follow the procedures in section
					 11-280.1-52 for any of the following conditions:
(1) The discovery by any person of evidence
				  of released regulated substances at the UST site or in the surrounding area
				  (such as the presence of free product or vapors in soils, basements, sewer and
				  utility lines, and nearby surface water).
(2) Unusual UST or tank system operating
				  conditions observed or experienced by owners and operators (such as the erratic
				  behavior of product dispensing equipment, the sudden loss of product from the
				  UST system, an unexplained presence of water in the tank, or liquid in the
				  interstitial space of secondarily contained systems), unless:
(A) The system equipment or component is
				  found not to be releasing regulated substances to the environment;
(B) Any defective system equipment or
				  component is immediately repaired or replaced; and
(C) For secondarily contained systems, except
				  as provided for in section 11-280.1-43(7)(B)(iv), any liquid in the
				  interstitial space not used as part of the interstitial monitoring method (for
				  example, brine filled) is immediately removed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 5 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section 11-280.1-51 - Investigation of off-site impacts

Current through June, 2024
When required by the department, owners and operators of
					 UST systems must follow the procedures in section 11-280.1-52 to determine if
					 the UST system is the source of off-site impacts. These impacts include the
					 discovery of regulated substances (such as the presence of free product or
					 vapors in soils, basements, sewer and utility lines, and nearby surface and
					 drinking waters) that has been observed by the department or brought to the
					 department's attention by any person.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 5 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section 11-280.1-52 - Release investigation and confirmation steps

Current through June, 2024
(a) Unless
				  release response action is initiated in accordance with subchapter
				  6, owners and operators must
				  immediately investigate and confirm all suspected releases of regulated
				  substances requiring reporting under section 11-280.1-50 within seven days
				  following the discovery of the suspected release, unless a written request for
				  extension of time is granted by the director.
(b) Investigations and confirmations required
				  in subsection (a) must use the following steps or another procedure approved by
				  the department:
(1) System test. Owners and
				  operators must conduct tests (according to the requirements for tightness
				  testing in sections 11-280.1-43(3) and 11-280.1-44(2) or, as appropriate,
				  secondary containment testing described in section 11-280.1-33(a) (6).
(A) The test must determine whether:
(i) A leak exists in that portion of the tank
				  that routinely contains product, or the attached delivery piping; or
(ii) A breach of either wall of the secondary
				  containment has occurred.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 5 - RELEASE REPORTING, INVESTIGATION, AND CONFIRMATION › Section 11-280.1-53 - Reporting and cleanup of spills and overfills

Current through June, 2024
(a) Owners and
				  operators of UST systems must contain and immediately clean up all spills and
				  overfills in a manner which is protective of human health and the environment
				  as set forth in section 11-280.1-65.3.
(b) Owners and operators must notify the
				  department within twenty-four hours and begin release response action in
				  accordance with subchapter
				  6 in the following cases:
(1) Spill or overfill of petroleum that
				  results in a release to the environment that exceeds twenty-five gallons or
				  that causes a sheen on nearby surface waters; and
(2) Spill or overfill of a hazardous
				  substance that results in a release to the environment that equals or exceeds
				  its reportable quantity as determined in compliance with section
				  11-451-6.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-60 - General

Current through June, 2024
Owners and operators of petroleum or hazardous substance
					 UST systems must, in response to a confirmed release from the UST system,
					 comply with the requirements of this subchapter, except for USTs excluded under
					 section 11-280.1-10(b) and UST systems subject to RCRA Subtitle C corrective
					 action requirements under section 3004(u) of the Resource Conservation and
					 Recovery Act, as amended, or under section
					 342J-36,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-61 - Immediate response actions

Current through June, 2024
(a) Upon
				  confirmation of a release in accordance with section 11-280.1-52 or after a
				  release from the UST system is identified in any other manner, owners and
				  operators must perform the following response actions within twenty-four hours:
(1) Report the release to the department by
				  telephone;
(2) Take necessary
				  actions to prevent any further release of the regulated substance into the
				  environment, including removal of as much of the regulated substance from the
				  UST or tank system as possible;
(3)
				  Identify and mitigate any safety hazards (such as fire, explosion, and vapor
				  hazards) posed by the release of the regulated substance; and
(4) Take necessary action to minimize the
				  spread of contamination.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-61.1 - Posting of signs

Current through June, 2024
(a) If the department determines that posting
				  of signs is appropriate, owners and operators shall post signs around the
				  perimeter of the site informing passersby of the potential hazards. In this
				  instance, "site" means an area where contamination poses an immediate health
				  risk or an area where contaminated media is exposed to the surface.
(b) Signs shall be placed at each entrance to
				  the site and at other locations in sufficient numbers to be seen from any
				  approach to the site.
(c) Signs
				  shall be legible and readable from a distance of at least twenty-five feet. The
				  sign legend shall read, "Caution - Petroleum/Hazardous Substance Contamination
				  - Unauthorized Personnel Keep Out". Other sign legends may be used if the
				  legend on the sign indicates that only authorized personnel are allowed to
				  enter the site and that entry onto the site may be dangerous. A contact person
				  and telephone number shall be listed on the sign.
(d) The sign may be removed upon
				  determination by the department that no further release response action is
				  necessary or that posting of signs is no longer appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-62 - Initial abatement measures and site assessment

Current through June, 2024
(a) Unless
				  directed to do otherwise by the department, owners and operators must perform
				  the following abatement measures:
(1) Continue
				  to remove as much of the regulated substance from the UST system as is
				  necessary to prevent further release to the environment;
(2) Visually inspect the area around the UST
				  or tank system for evidence of any aboveground releases or exposed belowground
				  releases and continue to take necessary actions to minimize the spread of
				  contamination and to prevent further migration of the released substance into
				  surrounding soils, air, surface water, and groundwater;
(3) Continue to monitor and mitigate any
				  additional fire and safety hazards posed by vapors or free product that have
				  migrated from the UST excavation zone and entered into subsurface structures
				  (such as sewers or basements);
(4)
				  Remedy hazards (such as dust and vapors and the potential for leachate
				  generation) posed by contaminated soils and debris that are excavated or
				  exposed as a result of release confirmation, site investigation, abatement, or
				  release response action activities;
(5) Conduct an assessment of the release by
				  measuring for the presence of a release where contamination is most likely to
				  be present at the UST site, unless the presence and source of the release have
				  been confirmed in accordance with the site assessment required by section
				  11-280.1-52(b) or the site assessment required for change-in-service or
				  permanent closure in section 11-280.1-72(a). In selecting sample types, sample
				  locations, and measurement methods, the owner and operator must consider the
				  nature of the stored substance, the type of backfill and surrounding soil,
				  depth and flow of groundwater and other factors as appropriate for identifying
				  the presence and source of the release;
(6) Investigate to determine the possible
				  presence of free product, and begin free product removal in accordance with
				  section 11-280.1-64;
(7) Remove or
				  remediate contaminated soil at the site to the extent necessary to prevent the
				  spread of free product; and
(8) If
				  any of the remedies in this section include treatment or disposal of
				  contaminated soils, owners or operators must comply with all applicable local,
				  state, and federal requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-63 - Initial site characterization

Current through June, 2024
(a) Owners and
				  operators must assemble information about the site and the nature of the
				  release, including information gained while confirming the release or
				  completing the initial abatement measures in sections 11-280.1-60 and
				  11-280.1-61. This information must include, but is not necessarily limited to
				  the following:
(1) Data on the nature and
				  estimated quantity of release;
(2)
				  Data from available sources and all previous site investigations concerning the
				  following factors: surrounding populations, water quality, use and approximate
				  locations of wells potentially affected by the release, subsurface soil
				  conditions, locations of subsurface sewers, climatological conditions, and land
				  use;
(3) Results of the site
				  assessment required under section 11-280.1-62(a)(5); and
(4) Results of the free product
				  investigations required under section 11-280.1-62(a)(6), to be used by owners
				  and operators to determine whether free product must be recovered under section
				  11-280.1-64.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-64 - Free product removal

Current through June, 2024
(a) At sites where
				  investigations under section 11-280.1-62(a)(6) indicate the presence of free
				  product, owners and operators must remove free product to the maximum extent
				  practicable as determined by the department while continuing, as necessary, any
				  actions initiated under sections 11-280.1-61 to 11-280.1-63, or preparing for
				  actions required under sections 11-280.1-65 to 11-280.1-66. In meeting the
				  requirements of this section, owners and operators must:
(1) Conduct free product removal in a manner
				  that minimizes the spread of contamination into previously uncontaminated zones
				  by using recovery and disposal techniques appropriate to the hydrogeologic
				  conditions at the site, and that properly treats, discharges or disposes of
				  recovery byproducts in compliance with applicable local, state, and federal
				  regulations;
(2) Use abatement of
				  free product migration as a minimum objective for the design of the free
				  product removal system;
(3) Handle
				  any flammable products in a safe and competent manner to prevent fires or
				  explosions; and
(4) Prepare and
				  submit to the department, within forty-five days after confirming a release, a
				  free product removal report that provides at least the following information:
(A) The name of the person responsible for
				  implementing the free product removal measures;
(B) The estimated quantity, type, and
				  thickness of free product observed or measured in wells, boreholes, and
				  excavations;
(C) The type of free
				  product recovery system used;
(D)
				  Whether any discharge will take place on-site or off-site during the recovery
				  operation and where this discharge will be located;
(E) The type of treatment applied to, and the
				  effluent quality expected from, any discharge;
(F) All actions already performed or
				  currently underway to remove free product, including steps that have been or
				  are being taken to obtain necessary permits for any discharge;
(G) The disposition of the recovered free
				  product; and
(H) Schedule for
				  completion of free product removal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-65 - Investigations for soil and groundwater cleanup

Current through June, 2024
(a) In order
				  to determine the full extent and location of soils contaminated by the release
				  and the presence and concentrations of dissolved product contamination in the
				  groundwater and surface water, owners and operators must conduct investigations
				  of the release, the release site, and the surrounding area possibly affected by
				  the release if any of the following conditions exist:
(1) There is evidence that groundwater wells
				  have been affected by the release (e.g., as found during release confirmation
				  or previous release response actions);
(2) Free product is found to need recovery in
				  compliance with section 11-280.1-64;
(3) There is evidence that contaminated soils
				  may be in contact with groundwater (e.g., as found during conduct of the
				  initial response measures or investigations required under sections 11-280.1-60
				  to 11-280.1-64); and
(4) The
				  department requests an investigation, based on the potential effects of
				  contaminated soil or groundwater on nearby surface water and groundwater
				  resources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-65.1 - Notification of confirmed releases

Current through June, 2024
(a) Within ninety
				  days following confirmation of a release, the owner and operator shall notify
				  those members of the public directly affected by the release in writing of the
				  release and the proposed response to the release, including a historical
				  account of actions performed since the discovery of the release. Members of the
				  public directly affected by the release shall include:
(1) Persons who own, hold a lease for, or
				  have easements at, any property on which the regulated substance released from
				  the UST was discovered; and
(2)
				  Other persons identified by the director,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-65.2 - Release response reporting

Current through June, 2024
(a) No later than
				  ninety days following the confirmation of a release, owners and operators must
				  submit to the department a written report in the format specified by the
				  department. The report must include:
(1) All
				  release response actions taken pursuant to this subchapter during the first
				  ninety-day period (first quarter); and
(2) A plan for future release response
				  actions to be taken.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-65.3 - Site cleanup criteria

Current through June, 2024
(a) Owners and
				  operators must remediate soil, surface water, and groundwater, and materials
				  contaminated by releases from USTs or tank systems in a manner that is
				  protective of human health and the environment and achieves cleanup as
				  described in subsection (b).
(b)
				  Owners and operators must remediate contaminated soil, groundwater, and surface
				  water at the site to residual concentrations that meet one of the following
				  criteria:
(1) Default Tier 1 Screening Levels
				  as presented in Table 1 in subsection (e); or
(2) Site-specific action levels as approved
				  by the department. Owners and operators should consult with the department on
				  how the standards in this paragraph can be met. Site-specific action levels
				  must take into account the following factors:
(A) For systemic toxicants, acceptable levels
				  shall represent concentration levels to which the human population may be
				  exposed without adverse effect during a lifetime or part of a lifetime, and
				  incorporating an adequate margin of safety;
(B) For known or suspected carcinogens,
				  acceptable levels are generally concentration levels in soil, groundwater and
				  vapor that represent an excess upper bound lifetime cancer risk to an
				  individual of between 10-4 and
				  10-6 using information on the relationship between
				  dose and response. The 10-6  excess risk level shall
				  be used as the point of departure for determining acceptable levels for
				  alternatives when chemical-specific state or federal requirements are not
				  available or are not sufficiently protective because of the presence of
				  multiple contaminants at the site or multiple pathways of exposure;
(C) Impacts to ecological receptors,
				  including but not limited to plants and animals; and
(D) Other applicable requirements, including
				  but not limited to nuisance concerns for odor and taste, if
				  applicable.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-66 - Corrective action plan

Current through June, 2024
(a) The department
				  may require that the owner and operator submit a written corrective action plan
				  for responding to a release, if one or more of the following minimum threshold
				  criteria is met:
(1) Actual or probable
				  release to groundwater which is a drinking water supply;
(2) Actual or probable release to surface
				  water which is a drinking water supply;
(3) Actual or probable release to air that
				  poses a threat to public health;
(4) Actual or probable release to and
				  extensive contamination of soil that poses a direct contact hazard due to
				  uncontrolled access;
(5) Actual or
				  probable existence of uncontrolled regulated substances that pose a direct
				  contact hazard due to uncontrolled access;
(6) Actual or probable adverse impact to
				  natural resources;
(7) Actual or
				  probable imminent danger of fire or explosion; or
(8) A determination by the director that a
				  release poses a substantial endangerment to public health or welfare, the
				  environment, or natural resources.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 6 - RELEASE RESPONSE ACTION › Section 11-280.1-67 - Public participation, for corrective action plans

Current through June, 2024
(a)
				  The department shall conduct public participation activities in accordance with
				  subsections (c) through (h) when:
(1) A
				  corrective action plan required pursuant to section 11-280.1-66(a) has been
				  submitted and the department has made a tentative decision concerning the
				  proposed plan; or
(2)
				  Implementation of any previously approved corrective action plan has not
				  achieved the cleanup levels established in the plan and termination of the plan
				  is under consideration by the department,
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-70 - Temporary closure

Current through June, 2024
(a) When an UST
				  system is temporarily closed, owners and operators must continue operation and
				  maintenance of corrosion protection in accordance with section 11-280.1-31, and
				  applicable release detection in accordance with subchapter
				  4.
				  Subchapters
				  5 and
				  6 must be complied with if a release is
				  suspected or confirmed. Spill and overfill operation and maintenance testing
				  and inspections in subchapter
				  3 are not required during temporary
				  closure. If the UST system is empty, release detection and release detection
				  operation and maintenance testing and inspections in subchapters
				  3 and
				  4 are
				  not required. The UST system is empty when all materials have been removed
				  using commonly employed practices so that no more than 2.5 centimeters (one
				  inch) of residue, or 0.3 percent by weight of the total capacity of the UST
				  system, remain in the system.
(b)
				  When an UST system is temporarily closed for ninety days or more, owners and
				  operators must also comply with the following requirements:
(1) Leave vent lines open and functioning;
				  and
(2) Cap and secure all other
				  lines, pumps, manways, and ancillary equipment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-71 - Permanent closure and changes-in-service

Current through June, 2024
(a) At least thirty
				  days before beginning either permanent closure or a change-in-service of an UST
				  or tank system under subsections (c) and (d), owners and operators must notify
				  the department in writing of their intent to permanently close or make the
				  change-in-service, unless such action is in response to a confirmed release.
				  The required assessment of the excavation zone under section 11-280.1-72 must
				  be performed after notifying the department but before completion of the
				  permanent closure or change-in-service.
(b) At least seven days before excavation
				  work for a permanent closure or change-in-service, owners or operators must
				  notify the department of the exact date that the work will occur.
(c) To permanently close an UST or tank
				  system, owners and operators must:
(1) Empty
				  and clean the UST and tank system by removing all liquids and accumulated
				  sludges;
(2) Remove the UST or tank
				  system from the ground, fill the UST or tank system with an inert solid
				  material, or close the tank in place in a manner approved by the department;
				  and
(3) Conduct a site assessment
				  in accordance with section 11-280.1-72.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-72 - Assessing the site at closure or change-in-service

Current through June, 2024
(a) Before
				  permanent closure or a change-in-service is completed, owners and operators
				  must measure for the presence of a release where contamination is most likely
				  to be present at the UST site. In selecting sample types, sample locations, and
				  measurement methods, owners and operators must consider the method of closure,
				  the nature of the stored substance, the types of backfill and surrounding soil,
				  the depth and flow of groundwater, and other factors appropriate for
				  identifying the presence of a release. The requirements of this section are
				  satisfied if one of the external release detection methods allowed in section
				  11-280.1-43(5) and (6) is operating in accordance with the requirements in
				  section 11-280.1-43 at the time of closure, and indicates no release has
				  occurred.
(b) If contaminated
				  soils, contaminated groundwater, or free product as a liquid or vapor is
				  discovered under subsection (a), or by any other manner, owners and operators
				  must begin release response action in accordance with subchapter
				  6.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-73 - Applicability to previously closed UST systems

Current through June, 2024
(a) When
				  directed by the department, the owner and operator of an UST system permanently
				  closed before December 22, 1988 must assess the excavation zone and close the
				  UST system in accordance with this subchapter if releases from the UST may, in
				  the judgment of the department, pose a current or potential threat to human
				  health and the environment.
(b) When
				  directed by the department, the owner and operator of an UST system with
				  field-constructed tanks or an airport hydrant fuel distribution system
				  permanently closed before August 9, 2013 must assess the excavation zone and
				  close the UST system in accordance with this subchapter if releases from the
				  UST may, in the judgment of the department, pose a current or potential threat
				  to human health and the environment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-74 - Closure records

Current through June, 2024
Owners and operators must maintain records in accordance
					 with section 11-280.1-34 that are capable of demonstrating compliance with
					 closure requirements under this subchapter. The results of the excavation zone
					 assessment required in section 11-280.1-72 must be maintained for at least
					 three years after completion of permanent closure or change-in-service in one
					 of the following ways:
(1) By the
				  owners and operators who took the UST system out of service;
(2) By the current owners and operators of
				  the UST system site; or
(3) By
				  mailing these records to the department if they cannot be maintained at the
				  closed facility.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 7 - OUT-OF-SERVICE UST SYSTEMS AND CLOSURE › Section 11-280.1-75 - Closure - codes of practice

Current through June, 2024
The following cleaning and closure procedures may be used
					 to comply with section 11-280.1-71:
(1) American Petroleum Institute Recommended
				  Practice RP 1604, "Closure of Underground Petroleum Storage Tanks";
(2) American Petroleum Institute Standard
				  2015, "Safe Entry and Cleaning of Petroleum Storage Tanks, Planning and
				  Managing Tank Entry From Decommissioning Through Recommissioning";
(3) American Petroleum Institute Recommended
				  Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum
				  Storage Tanks";
(4) American
				  Petroleum Institute Recommended Practice RP 1631, "Interior Lining and Periodic
				  Inspection of Underground Storage Tanks", may be used as guidance for
				  compliance with this section;
(5)
				  National Fire Protection Association Standard 326, "Standard for the
				  Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair"; and
(6) National Institute for
				  Occupational Safety and Health Publication 80-106, "Criteria for a Recommended
				  Standard...Working in Confined Space", may be used as guidance for conducting
				  safe closure procedures at some tanks containing hazardous
				  substances.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-90 - Applicability

Current through June, 2024
(a) This subchapter applies to owners and
				  operators of all petroleum underground storage tank (UST) systems except as
				  otherwise provided in this section.
(b) State and federal government entities
				  whose debts and liabilities are the debts and liabilities of a state or the
				  United States are exempt from the requirements of this subchapter.
(c) The requirements of this subchapter do
				  not apply to owners and operators of any UST system described in section
				  11-280.1-10(b), (c)(1), (c)(3), or (c) (4).
(d) If the owner and operator of a petroleum
				  underground storage tank system are separate persons, only one person is
				  required to demonstrate financial responsibility; however, both parties are
				  liable in the event of noncompliance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-93 - Amount and scope of required financial responsibility

Current through June, 2024
(a)
				  Owners or operators of petroleum USTs or tank systems must demonstrate
				  financial responsibility for taking corrective action and for compensating
				  third parties for bodily injury and property damage caused by accidental
				  releases arising from the operation of petroleum USTs or tank systems in at
				  least the following per-occurrence amounts:
(1) For owners or operators of petroleum USTs
				  or tank systems that are located at petroleum marketing facilities, or that
				  handle an average of more than ten thousand gallons of petroleum per month
				  based on annual throughput for the previous calendar year: $1,000,000;
				  and
(2) For all other owners or
				  operators of petroleum USTs or tank systems: $500,000.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-94 - Allowable mechanisms and combinations of mechanisms

Current through June, 2024
(a)
				  Subject to the limitations of subsections (b) and (c):
(1) An owner or operator, including a local
				  government owner or operator, may use any one or combination of the mechanisms
				  listed in sections 11-280.1-95 through 11-280.1-103 to demonstrate financial
				  responsibility under this subchapter for one or more USTs or tank systems;
				  and
(2) A local government owner or
				  operator may use any one or combination of the mechanisms listed in sections
				  11-280.1-104 through 11-280.1-107 to demonstrate financial responsibility under
				  this subchapter for one or more USTs or tank systems.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-95 - Financial test of self-insurance

Current through June, 2024
(a) An owner or
				  operator, and/or guarantor, may satisfy the requirements of section 11-280.1-93
				  by passing a financial test as specified in this section. To pass the financial
				  test of self-insurance, the owner or operator, and/or guarantor, must meet the
				  criteria of subsection (b) or (c) based on year-end financial statements for
				  the latest completed fiscal year.
(b)
(1) The
				  owner or operator, and/or guarantor, must have a tangible net worth of at least
				  ten times:
(A) The total of the applicable
				  aggregate amount required by section 11-280.1-93, based on the number of
				  underground storage tanks for which a financial test is used to demonstrate
				  financial responsibility to the department, to EPA, or to a state implementing
				  agency under a state program approved by EPA under 40 C.F.R. part
				  281;
(B) The sum of the RCRA
				  subtitle C corrective action cost estimates, the current closure and
				  post-closure care cost estimates, and amount of liability coverage for which a
				  financial test is used to demonstrate financial responsibility to demonstrate
				  financial responsibility to the department under
				  40 C.F.R. sections
				  261.143 and
				  261.147,
				  as incorporated and amended in section 11-261.1-1,
				  40 C.F.R.
				  sections 264.101,
				  264.143,
				  264.145,
				  and
				  264.147,
				  as incorporated and amended in section 11-264.1-1, and
				  40 C.F.R. sections
				  265.143,
				  265.145,
				  and
				  265.147,
				  as incorporated and amended in section 11-265.1-1, to EPA under
				  40 C.F.R. sections
				  261.143,
				  261.147,
				  264.101,
				  264.143,
				  264.145,
				  264.147,
				  265.143,
				  265.145,
				  and
				  265.147,
				  or to a state implementing agency under a state program authorized by EPA under
				  40 C.F.R. part 271; and
(C) The sum
				  of current plugging and abandonment cost estimates for which a financial test
				  is used to demonstrate financial responsibility to EPA under
				  40 C.F.R. section
				  144.63 or to a state implementing agency
				  under a state program authorized by EPA under 4 0 C.F.R. part 145.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-96 - Guarantee

Current through June, 2024
(a) An owner or operator may satisfy the
				  requirements of section 11-280.1-93 by obtaining a guarantee that conforms to
				  the requirements of this section. The guarantor must be:
(1) A firm that:
(A) Possesses a controlling interest in the
				  owner or operator;
(B) Possesses a
				  controlling interest in a firm described under subparagraph (A); or
(C) Is controlled through stock ownership by
				  a common parent firm that possesses a controlling interest in the owner or
				  operator; or
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 280.1 - UNDERGROUND STORAGE TANKS › Subchapter 8 - FINANCIAL RESPONSIBILITY › Section 11-280.1-102 - Trust fund

Current through June, 2024
(a) An owner or operator may satisfy the
				  requirements of section 11-280.1-93 by establishing a trust fund that conforms
				  to the requirements of this section. The trustee must be an entity that has the
				  authority to act as a trustee and whose trust operations are regulated and
				  examined by a federal agency or an agency of the state in which the fund is
				  established.
(b) The wording of the
				  trust agreement must be identical to the wording specified in section
				  11-280.1-103(b)(1), and must be accompanied by a formal certification of
				  acknowledgment as specified in section 11-280.1-103(b)(2).
(c) The trust fund, when established, must be
				  funded for the full required amount of coverage, or funded for part of the
				  required amount of coverage and used in combination with other mechanism(s)that
				  provide the remaining required coverage.
(d) If the value of the trust fund is greater
				  than the required amount of coverage, the owner or operator may submit a
				  written request to the director for release of the excess.
(e) If other financial assurance as specified
				  in this subchapter is substituted for all or part of the trust fund, the owner
				  or operator may submit a written request to the director for release of the
				  excess.
(f) Within sixty days after
				  receiving a request from the owner or operator for release of funds as
				  specified in subsection (d) or (e), the director will instruct the trustee to
				  release to the owner or operator such funds as the director specifies in
				  writing.