reglab/statecodes huggingface dataset:
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 B - Permit Application › Section 11-270.19 - Specific part B information requirements for incinerators

Current through June, 2024
Except as § 264.340 of this Chapter and §
						270.19(e) provide otherwise, owners and operators of facilities that incinerate
						hazardous waste must fulfill the requirements of paragraphs (a), (b), or (c) of
						this section.
(a) When seeking an
					 exemption under § 264.340 (b) or (c) of this chapter (Ignitable,
					 corrosive, or reactive wastes only):
(1)
					 Documentation that the waste is listed as a hazardous waste in part 261,
					 subpart D of this chapter, solely because it is ignitable (Hazard Code I) or
					 corrosive (Hazard Code C) or both; or
(2) Documentation that the waste is listed as
					 a hazardous waste in part 261, subpart D of this chapter, solely because it is
					 reactive (Hazard Code R) for characteristics other than those listed in §
					 261.23(a) (4) and (5) of this chapter, and will not be burned when other
					 hazardous wastes are present in the combustion zone; or
(3) Documentation that the waste is a
					 hazardous waste solely because it possesses the characteristic of ignitability,
					 corrosivity, or both, as determined by the tests for characteristics of
					 hazardous waste under part 261, subpart C of this chapter; or
(4) Documentation that the waste is a
					 hazardous waste solely because it possesses the reactivity characteristics
					 listed in § 261.23(a) (1), (2), (3), (6), (7), or (8) of this chapter, and
					 that it will not be burned when other hazardous wastes are present in the
					 combustion zone; or
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 B - Permit Application › Section 11-270.20 - Specific part B information requirements for land treatment facilities

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that use land treatment to dispose of hazardous waste
						must provide the following additional information:
(a) A description of plans to conduct a
					 treatment demonstration as required under § 264.272. The description must
					 include the following information;
(1) The
					 wastes for which the demonstration will be made and the potential hazardous
					 constituents in the waste;
(2) The
					 data sources to be used to make the demonstration (e.g., literature, laboratory
					 data, field data, or operating data);
(3) Any specific laboratory or field test
					 that will be conducted, including:
(i) The
					 type of test (e.g., column leaching, degradation);
(ii) Materials and methods, including
					 analytical procedures;
(iii)
					 Expected time for completion;
(iv)
					 Characteristics of the unit that will be simulated in the demonstration,
					 including treatment zone characteristics, climatic conditions, and operating
					 practices.
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 B - Permit Application › Section 11-270.21 - Specific part B information requirements for landfills

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that dispose of hazardous waste in landfills must
						provide the following additional information:
(a) A list of the hazardous wastes placed or
					 to be placed in each landfill or landfill cell; (b) Detailed plans and an
					 engineering report describing how the landfill is designed and is or will be
					 constructed, operated, and maintained to meet the requirements of §§
					 264.19, 264.301, 264.302, and 264.303 of this chapter, addressing the following
					 items:
(1)
(i) The liner system (except for an existing
					 portion of a landfill), if the landfill must meet the requirements of §
					 264.301(a) of this chapter. If an exemption from the requirement for a liner is
					 sought as provided by § 264.301(b) of this chapter, submit detailed plans,
					 and engineering and hydrogeological reports, as appropriate, describing
					 alternate designs and operating practices that will, in conjunction with
					 location aspects, prevent the migration of any hazardous constituents into the
					 ground water or surface water at any future time;
(ii) The double liner and leak (leachate)
					 detection, collection, and removal system, if the landfill must meet the
					 requirements of § 264.301(c) of this chapter. If an exemption from the
					 requirements for double liners and a leak detection, collection, and removal
					 system or alternative design is sought as provided by § 264.301(d), (e),
					 or (f) of this chapter, submit appropriate information;
(iii) If the leak detection system is located
					 in a saturated zone, submit detailed plans and an engineering report explaining
					 the leak detection system design and operation, and the location of the
					 saturated zone in relation to the leak detection system;
(iv) The construction quality assurance (CQA)
					 plan if required under § 264.19 of this chapter;
(v) Proposed action leakage rate, with
					 rationale, if required under § 264.302 of this chapter, and response
					 action plan, if required under § 264.303 of this chapter;
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 B - Permit Application › Section 11-270.22 - Specific part B information requirements for boilers and industrial furnaces burning hazardous waste

Current through June, 2024
When an owner or operator of a cement kiln, lightweight
						aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
						production furnace becomes subject to RCRA permit requirements after October
						12, 2005, or when an owner or operator of an existing cement kiln, lightweight
						aggregate kiln, solid fuel boiler, liquid fuel boiler, or hydrochloric acid
						production furnace demonstrates compliance with the air emission standards and
						limitations in part 63, subpart EEE, of this chapter (i.e., by conducting a
						comprehensive performance test and submitting a Notification of Compliance
						under §§ 63.1207(j) and 63.1210(d) of this chapter documenting
						compliance with all applicable requirements of part 63, subpart EEE, of this
						chapter), the requirements of this section do not apply. The requirements of
						this section do apply, however, if the Director determines certain provisions
						are necessary to ensure compliance with §§ 266.102(e)(1) and
						266.102(e)(2)(iii) of this chapter if you elect to comply with §
						270.235(a)(1)(i) to minimize emissions of toxic compounds from startup,
						shutdown, and malfunction events; or if you are an area source and elect to
						comply with the §§ 266.105, 266.106, and 266.107 standards and
						associated requirements for particulate matter, hydrogen chloride and chlorine
						gas, and non-mercury metals; or the Director determines certain provisions
						apply, on a case-by-case basis, for purposes of information collection in
						accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and
						270.32(b)(3).
(a) Trial burns-
(1) General. Except as provided below, owners
					 and operators that are subject to the standards to control organic emissions
					 provided by § 266.104 of this chapter, standards to control particulate
					 matter provided by § 266.105 of this chapter, standards to control metals
					 emissions provided by § 266.106 of this chapter, or standards to control
					 hydrogen chloride or chlorine gas emissions provided by § 266.107 of this
					 chapter must conduct a trial burn to demonstrate conformance with those
					 standards and must submit a trial burn plan or the results of a trial burn,
					 including all required determinations, in accordance with § 270.66.
(i) A trial burn to demonstrate conformance
					 with a particular emission standard may be waived under provisions of
					 §§ 266.104 through 266.107 of this chapter and paragraphs (a)(2)
					 through (a)(5) of this section; and
(ii) The owner or operator may submit data in
					 lieu of a trial burn, as prescribed in paragraph (a)(6) of this
					 section.
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 B - Permit Application › Section 11-270.23 - Specific part B information requirements for miscellaneous units

Current through June, 2024
Except as otherwise provided in § 264.600, owners
						and operators of facilities that treat, store, or dispose of hazardous waste in
						miscellaneous units must provide the following additional information:
(a) A detailed description of the unit being
					 used or proposed for use, including the following:
(1) Physical characteristics, materials of
					 construction, and dimensions of the unit;
(2) Detailed plans and engineering reports
					 describing how the unit will be located, designed, constructed, operated,
					 maintained, monitored, inspected, and closed to comply with the requirements of
					 §§ 264.601 and 264.602; and
(3) For disposal units, a detailed
					 description of the plans to comply with the postclosure requirements of §
					 264.603.
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 B - Permit Application › Section 11-270.24 - Specific part B information requirements for process vents

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that have process vents to which subpart AA of part 264
						applies must provide the following additional information:
(a) For facilities that cannot install a
					 closed-vent system and control device to comply with the provisions of 40 CFR
					 264 subpart AA on the effective date that the facility becomes subject to the
					 provisions of 40 CFR 264 or 265 subpart AA, an implementation schedule as
					 specified in § 264.1033(a)(2).
(b) Documentation of compliance with the
					 process vent standards in § 264.1032, including:
(1) Information and data identifying all
					 affected process vents, annual throughput and operating hours of each affected
					 unit, estimated emission rates for each affected vent and for the overall
					 facility (i.e., the total emissions for all affected vents at the facility),
					 and the approximate location within the facility of each affected unit (e.g.,
					 identify the hazardous waste management units on a facility plot
					 plan).
(2) Information and data
					 supporting estimates of vent emissions and emission reduction achieved by
					 add-on control devices based on engineering calculations or source tests. For
					 the purpose of determining compliance, estimates of vent emissions and emission
					 reductions must be made using operating parameter values (e.g., temperatures,
					 flow rates, or concentrations) that represent the conditions that exist when
					 the waste management unit is operating at the highest load or capacity level
					 reasonably expected to occur.
(3)
					 Information and data used to determine whether or not a process vent is subject
					 to the requirements of § 264.1032.
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 B - Permit Application › Section 11-270.25 - Specific part B information requirements for equipment

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that have equipment to which subpart BB of part 264
						applies must provide the following additional information:
(a) For each piece of equipment to which
					 subpart BB of part 264 applies:
(1) Equipment
					 identification number and hazardous waste management unit
					 identification.
(2) Approximate
					 locations within the facility (e.g., identify the hazardous waste management
					 unit on a facility plot plan).
(3)
					 Type of equipment (e.g., a pump or pipeline valve).
(4) Percent by weight total organics in the
					 hazardous waste stream at the equipment.
(5) Hazardous waste state at the equipment
					 (e.g., gas/vapor or liquid).
(6)
					 Method of compliance with the standard (e.g., "monthly leak detection and
					 repair" or "equipped with dual mechanical seals").
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 B - Permit Application › Section 11-270.28 - Part B information requirements for post-closure permits

Current through June, 2024
For post-closure permits, the owner or operator is
						required to submit only the information specified in §§ 270.14(b)(1),
						(4), (5), (6), (11), (13), (14), (16), (18) and (19), (c), and (d), unless the
						director determines that additional information from §§ 270.14,
						270.16, 270.17, 270.18, 270.20, or 270.21 is necessary. The owner or operator
						is required to submit the same information when an alternative authority is
						used in lieu of a post-closure permit as provided in §
						270.1(c)(7).
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 B - Permit Application › Section 11-270.29 - Permit denial

Current through June, 2024
The Director may, pursuant to the procedures in part 124,
						deny the permit application either in its entirety or as to the active life of
						a hazardous waste management facility or unit only.
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 C - Permit Conditions › Section 11-270.31 - Requirements for recording and reporting of monitoring results

Current through June, 2024
All permits shall specify:
(a) Requirements concerning the proper use,
					 maintenance, and installation, when appropriate, of monitoring equipment or
					 methods (including biological monitoring methods when appropriate);
(b) Required monitoring including type,
					 intervals, and frequency sufficient to yield data which are representative of
					 the monitored activity including, when appropriate, continuous
					 monitoring;
(c) Applicable
					 reporting requirements based upon the impact of the regulated activity and as
					 specified in chapters
					 11-264.1 and 11-266.1. Reporting shall
					 be no less frequent than specified in the above regulations.
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 C - Permit Conditions › Section 11-270.32 - Establishing permit conditions

Current through June, 2024
(a) In addition to
					 conditions required in all permits (§ 270.30), the Director shall
					 establish conditions, as required on a case-by-case basis, in permits under
					 §§ 270.50 (duration of permits), 270.33(a) (schedules of compliance),
					 270.31 (monitoring).
(b)
(1) Each RCRA permit shall include permit
					 conditions necessary to achieve compliance with chapter
					 342J, HRS and regulations, including
					 each of the applicable requirements specified in parts 264 and 266 through 268
					 of this chapter. In satisfying this provision, the director may incorporate
					 applicable requirements of parts 264 and 266 through 268 of this chapter
					 directly into the permit or establish other permit conditions that are based on
					 these parts.
(2) Each permit
					 issued under section
					 342J-5,
					 HRS, shall contain terms and conditions as the director determines necessary to
					 protect human health and the environment.
(3) If, as the result of an assessment(s) or
					 other information, the director determines that conditions are necessary in
					 addition to those required under 40 CFR parts 63, subpart EEE, 264 or 266 to
					 ensure protection of human health and the environment, he shall include those
					 terms and conditions in a RCRA permit for a hazardous waste combustion
					 unit.
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 C - Permit Conditions › Section 11-270.33 - Schedules of compliance

Current through June, 2024
(a) The permit may,
					 when appropriate, specify a schedule of compliance leading to compliance with
					 chapter
					 342J, HRS, and chapters
					 11-260.1 to 11-279.1.
(1) Time for compliance. Any schedules of
					 compliance under this section shall require compliance as soon as
					 possible.
(2) Interim dates. Except
					 as provided in paragraph (b)(1)(ii) of this section, if a permit establishes a
					 schedule of compliance which exceeds 1 year from the date of permit issuance,
					 the schedule shall set forth interim requirements and the dates for their
					 achievement.
(i) The time between interim
					 dates shall not exceed 1 year.
(ii)
					 If the time necessary for completion of any interim requirement is more than 1
					 year and is not readily divisible into stages for completion, the permit shall
					 specify interim dates for the submission of reports of progress toward
					 completion of the interim requirements and indicate a projected completion
					 date.
(3) Reporting. The
					 permit shall be written to require that no later than 14 days following each
					 interim date and the final date of compliance, the permittee shall notify the
					 Director in writing, of its compliance or noncompliance with the interim or
					 final requirements.
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 D - Changes to Permit › Section 11-270.40 - Transfer of permits

Current through June, 2024
(a) A permit may be
					 transferred by the permittee to a new owner or operator only if the permit has
					 been modified or revoked and reissued (under § 270.40(b) or §
					 270.41(b)(2)) to identify the new permittee and incorporate such other
					 requirements as may be necessary under chapter
					 342J, HRS, or chapters
					 11-260.1 to 11-279.1.
(b) Changes in the ownership or operational
					 control of a facility may be made as a Class 1 modification with prior written
					 approval of the Director in accordance with § 270.42. The new owner or
					 operator must submit a revised permit application no later than 90 days prior
					 to the scheduled change. A written agreement containing a specific date for
					 transfer of permit responsibility between the current and new permittees must
					 also be submitted to the Director. When a transfer of ownership or operational
					 control occurs, the old owner or operator shall comply with the requirements of
					 40 CFR part 264 , subpart H (Financial Requirements) until the new owner or
					 operator has demonstrated that he or she 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 of 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 that he or she no longer needs to comply with
					 subpart H as of the date of demonstration.
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 D - Changes to Permit › Section 11-270.42 - Permit modification at the request of the permittee

Current through June, 2024
(a)
					 Class 1 modifications.
(1) Except as provided
					 in paragraph (a)(2) of this section, the permittee may put into effect Class 1
					 modifications listed in appendix I of this section under the following
					 conditions:
(i) The permittee must notify the
					 Director concerning the modification by certified mail or other means that
					 establish proof of delivery within 7 calendar days after the change is put into
					 effect. This notice must specify the changes being made to permit conditions or
					 supporting documents referenced by the permit and must explain why they are
					 necessary. Along with the notice, the permittee must provide the applicable
					 information required by §§ 270.13 through 270.21, 270.62, and
					 270.63.
(ii) The permittee must
					 send a notice of the modification to all persons on the facility mailing list,
					 maintained by the Director in accordance with
					 40 C.F.R.
					 section 124.10(c)(1)(ix), as
					 incorporated and amended in section 11-271.1-1, and the appropriate units of
					 State and local government, as specified in
					 40 C.F.R.
					 section 124.10(c)(1)(x), as
					 incorporated and amended in section 11-271.1-1. This notification must be made
					 within 90 calendar days after the change is put into effect. For the Class I
					 modifications that require prior Director approval, the notification must be
					 made within 90 calendar days after the Director approves the request.
(iii) Any person may request the Director to
					 review, and the Director may for cause reject, any Class 1 modification. The
					 Director must inform the permittee by certified mail that a Class 1
					 modification has been rejected, explaining the reasons for the rejection. If a
					 Class 1 modification has been rejected, the permittee must comply with the
					 original permit conditions.
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 D - Changes to Permit › Appendix I to Section 270.42 - CLASSIFICATION OF PERMIT MODIFICATION

Current through June, 2024
Click here to
						view image
Click here to
						view image
Click here to
						view image
Click here to
						view image
Click here to
						view image
Click here to
						view image
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 D - Changes to Permit › Section 11-270.43 - Termination of permits

Current through June, 2024
(a) The following
					 are causes for terminating a permit during its term, or for denying a permit
					 renewal application:
(1) Noncompliance by the
					 permittee with any condition of the permit;
(2) The permittee's failure in the
					 application or during the permit issuance process to disclose fully all
					 relevant facts, or the permittee's misrepresentation of any relevant facts at
					 any time; or
(3) A determination
					 that the permitted activity endangers human health or the environment and can
					 only be regulated to acceptable levels by permit modification or
					 termination.
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 E - Expiration and Continuation of Permits › Section 11-270.50 - Duration of permits

Current through June, 2024
(a) RCRA permits
					 shall be effective for a fixed term not to exceed five years.
(b) Except as provided in § 270.51, the
					 term of a permit shall not be extended by modification beyond the maximum
					 duration specified in this section.
(c) The Director may issue any permit for a
					 duration that is less than the full allowable term under this
					 section.
(d) Each permit for a land
					 disposal facility shall be reviewed by the Director three years after the date
					 of permit issuance or reissuance and shall be modified as necessary, as
					 provided in § 270.41.
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 E - Expiration and Continuation of Permits › Section 11-270.51 - Continuation of expiring permits

Current through June, 2024
(a) The conditions
					 of an expired permit continue in force until the effective date of a new permit
					 (see
					 40 C.F.R. section
					 124.15, as incorporated and amended in
					 section 11-271.1-1) if:
(1) The permittee has
					 submitted a timely application under § 270.14 and the applicable sections
					 in §§ 270.15 through 270.29 which is a complete (under §
					 270.10(c)) application for a new permit; and
(2) The director through no fault of the
					 permittee, does not issue a new permit with an effective date under §
					 124.15 on or before the expiration date of the previous permit (for example,
					 when issuance is impracticable due to time or resource constraints).
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 F - Special Forms of Permits › Section 11-270.60 - Permits by rule

Current through June, 2024
Notwithstanding any other provision of this part or part
						124, the following shall be deemed to have a RCRA 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 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)
													40 CFR
					 264.11, Identification number;
(ii)
													40 CFR
					 264.71, Use of manifest system;
(iii)
													40 CFR
					 264.72, Manifest discrepancies;
(iv)
													40 CFR 264.73(a) and
					 (b)(1), Operating record;
(v)
													40 CFR 264.75,
					 Biennial report; and
(vi)
													40 CFR
					 264.76, Unmanifested waste report.
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 F - Special Forms of Permits › Section 11-270.61 - Emergency permits

Current through June, 2024
(a) Notwithstanding
					 any other provision of this part or part 124, in the event the Director finds
					 an imminent and substantial endangerment to human health or the environment the
					 Director may issue a temporary emergency permit:
(1) To a non-permitted facility to allow
					 treatment, storage, or disposal of hazardous waste or
(2) to a permitted facility to allow
					 treatment, storage, or disposal of a hazardous waste not covered by an
					 effective permit.
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 F - Special Forms of Permits › Section 11-270.62 - Hazardous waste incinerator permits

Current through June, 2024
When an owner or operator of a hazardous waste
						incineration unit becomes subject to RCRA permit requirements after October 12,
						2005, or when an owner or operator of an existing hazardous waste incineration
						unit demonstrates compliance with the air emission standards and limitations in
						part 63, subpart EEE, of this chapter (i.e., by conducting a comprehensive
						performance test and submitting a Notification of Compliance under §§
						63.1207(j) and 63.1210(d) of this chapter documenting compliance with all
						applicable requirements of part 63, subpart EEE, of this chapter), the
						requirements of this section do not apply, except those provisions the Director
						determines are necessary to ensure compliance with §§ 264.345(a) and
						264.345(c) of this chapter if you elect to comply with § 270.235(a)(1)(i)
						to minimize emissions of toxic compounds from startup, shutdown, and
						malfunction events. Nevertheless, the Director may apply the provisions of this
						section, on a case-by-case basis, for purposes of information collection in
						accordance with §§ 270.10(k), 270.10(l), 270.32(b)(2), and
						270.32(b)(3).
(a) For the purposes of
					 determining operational readiness following completion of physical
					 construction, the Director must establish permit conditions, including but not
					 limited to allowable waste feeds and operating conditions, in the permit to a
					 new hazardous waste incinerator. These permit conditions will be effective for
					 the minimum time required to bring the incinerator to a point of operational
					 readiness to conduct a trial burn, not to exceed 720 hours operating time for
					 treatment of hazardous waste. The Director may extend the duration of this
					 operational period once, for up to 720 additional hours, at the request of the
					 applicant when good cause is shown. The permit may be modified to reflect the
					 extension according to § 270.42 of this chapter.
(1) Applicants must submit a statement, with
					 part B of the permit application, which suggests the conditions necessary to
					 operate in compliance with the performance standards of § 264.343 of this
					 chapter during this period. This statement should include, at a minimum,
					 restrictions on waste constituents, waste feed rates and the operating
					 parameters identified in § 264.345 of this chapter.
(2) The Director will review this statement
					 and any other relevant information submitted with part B of the permit
					 application and specify requirements for this period sufficient to meet the
					 performance standards of § 264.343 of this chapter based on his
					 engineering judgment.
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 F - Special Forms of Permits › Section 11-270.63 - Permits for land treatment demonstrations using field test or laboratory analyses

Current through June, 2024
(a) For the purpose
					 of allowing an owner or operator to meet the treatment demonstration
					 requirements of § 264.272 of this chapter, the Director may issue a
					 treatment demonstration permit. The permit must contain only those requirements
					 necessary to meet the standards in § 264.272(c). The permit may be issued
					 either as a treatment or disposal permit covering only the field test or
					 laboratory analyses, or as a two-phase facility permit covering the field
					 tests, or laboratory analyses, and design, construction operation and
					 maintenance of the land treatment unit.
(1)
					 The Director may issue a two-phase facility permit if he finds that, based on
					 information submitted in part B of the application, substantial, although
					 incomplete or inconclusive, information already exists upon which to base the
					 issuance of a facility permit.
(2)
					 If the Director finds that not enough information exists upon which he can
					 establish permit conditions to attempt to provide for compliance with all of
					 the requirements of subpart M, he must issue a treatment demonstration permit
					 covering only the field test or laboratory analyses.
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 F - Special Forms of Permits › Section 11-270.65 - Research, development, and demonstration permits

Current through June, 2024
(a) The
					 director may issue a research, development, and demonstration permit for any
					 hazardous waste treatment facility which proposes to utilize an innovative and
					 experimental hazardous waste treatment technology or process for which permit
					 standards for such experimental activity have not been promulgated under part
					 264 or 266 Any such permit shall include such terms and conditions as will
					 assure protection of human health and the environment Such permits:
(1) Shall provide for the construction of
					 such facilities as necessary, and for operation of the facility for not longer
					 than one year unless renewed as provided in paragraph (d) of this section,
					 and
(2) Shall provide for the
					 receipt and treatment by the facility of only those types and quantities of
					 hazardous waste which the director deems necessary for purposes of determining
					 the efficacy and performance capabilities of the technology or process and the
					 effects of such technology or process on human health and the environment,
					 and
(3) Shall include such
					 requirements as the director deems necessary to protect human health and the
					 environment (including, but not limited to, requirements regarding monitoring,
					 operation, financial responsibility, closure, and remedial action), and such
					 requirements as the director deems necessary regarding testing and providing of
					 information to the director with respect to the operation of the facility
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 F - Special Forms of Permits › Section 11-270.68 - Remedial Action Plans (RAPs)

Current through June, 2024
Remedial Action Plans (RAPs) are special forms of permits
						that are regulated under subpart H of this part.
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 11-270.70 - Qualifying for interim status

Current through June, 2024
(a) Any person who
					 owns or operates an "existing HWM facility" or a facility in existence on the
					 effective date of statutory or regulatory amendments under chapter
					 342J, HRS that render the facility
					 subject to the requirement to have a RCRA permit shall have interim status and
					 shall be treated as having been issued a permit to the extent he or she has:
(1) Complied with the requirements of section
					 3010(a) of RCRA or section
					 342J-6.5, HRS,
					 pertaining to notification of hazardous waste activity.
[Comment: Some existing facilities may not be required to
						file a notification under section 3010(a) of RCRA. These facilities may qualify
						for interim status by meeting paragraph (a)(2) of this section.]
(2) Complied with the requirements
					 of § 270.10 governing submission of part A applications;
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 11-270.71 - Operation during interim status

Current through June, 2024
(a) During the
					 interim status period the facility shall not:
(1) Treat, store, or dispose of hazardous
					 waste not specified in part A of the permit application;
(2) Employ processes not specified in part A
					 of the permit application; or
(3)
					 Exceed the design capacities specified in part A of the permit
					 application.
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 11-270.73 - Termination of interim status

Current through June, 2024
Interim status terminates when:
(a) Final administrative disposition of a
					 permit application, except an application for a remedial action plan (RAP)
					 under subpart H of this part, is made.
(b) Interim status is terminated as provided
					 in § 270.10(e)(5).
(c) For
					 owners or operators of each land disposal facility which has been granted
					 interim status prior to November 8, 1984, on November 8, 1985, unless:
(1) The owner or operator submits a part B
					 application for a permit for such facility prior to that date; and
(2) The owner or operator certifies that such
					 facility is in compliance with all applicable ground-water monitoring and
					 financial responsibility requirements.
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 H - Remedial Action Plans (RAPs) › Section 11-270.79 - Why is this subpart written in a special format?

Current through June, 2024
This subpart is written in a special format to make it
						easier to understand the regulatory requirements. Like other state department
						of health regulations, this establishes enforceable legal requirements. For
						this subpart, "I" and "you" refer to the owner/operator.
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 H - Remedial Action Plans (RAPs) › GENERAL INFORMATION › Section 11-270.80 - What is a RAP?

Current through June, 2024
(a) A RAP is a special form of RCRA permit
						that you, as an owner or operator, may obtain, instead of a permit issued under
						§§ 270.3 through 270.66, to authorize you to treat, store, or dispose
						of hazardous remediation waste (as defined in § 260.10 of this chapter) at
						a remediation waste management site. A RAP may only be issued for the area of
						contamination where the remediation wastes to be managed under the RAP
						originated, or areas in close proximity to the contaminated area, except as
						allowed in limited circumstances under § 270.230.
(b) The requirements in §§ 270.3
						through 270.66 do not apply to RAPs unless those requirements for traditional
						RCRA permits are specifically required under §§ 270.80 through
						270.230. The definitions in § 270.2 apply to RAPs.
(c) Notwithstanding any other provision of
						this part or part 124 of this chapter, any document that meets the requirements
						in this section constitutes a State hazardous waste permit under section
						342J-5,
						HRS.
(d) A RAP may be:
(1) A stand-alone document that includes only
						the information and conditions required by this subpart; or
(2) Part (or parts) of another document that
						includes information and/or conditions for other activities at the remediation
						waste management site, in addition to the information and conditions required
						by this subpart.
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 H - Remedial Action Plans (RAPs) › GENERAL INFORMATION › Section 11-270.85 - When do I need a RAP?

Current through June, 2024
(a) Whenever you
						treat, store, or dispose of hazardous remediation wastes in a manner that
						requires a RCRA permit under § 270.1, you must either obtain:
(1) A RCRA permit according to §§
						270.3 through 270.66; or
(2) A RAP
						according to this subpart.
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 H - Remedial Action Plans (RAPs) › GENERAL INFORMATION › Section 11-270.90 - Does my RAP grant me any rights or relieve me of any obligations?

Current through June, 2024
The provisions of § 270.4 apply to RAPs. (Note:
						  The provisions of § 270.4(a) provide you assurance that, as long as you
						  comply with your RAP, [the] state department of health will consider you in
						  compliance with Subtitle C of RCRA, and will not take enforcement actions
						  against you. However, you should be aware of four exceptions to this provision
						  that are listed in § 270.4.)
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 H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.95 - How do I apply for a RAP?

Current through June, 2024
To apply for a RAP, you must complete an application,
						  sign it, and submit it to the Director according to the requirements in this
						  subpart.
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 H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.100 - Who must obtain a RAP?

Current through June, 2024
When a facility or remediation waste management site is
						  owned by one person, but the treatment, storage or disposal activities are
						  operated by another person, it is the operator's duty to obtain a RAP, except
						  that the owner must also sign the RAP application.
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 H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.105 - Who must sign the application and any required reports for a RAP?

Current through June, 2024
Both the owner and the operator must sign the RAP
						  application and any required reports according to § 270.11(a), (b), and
						  (c). In the application, both the owner and the operator must also make the
						  certification required under § 270.11(d)(1). However, the owner may choose
						  the alternative certification under § 270.11(d)(2) if the operator
						  certifies under § 270.11(d)(1).
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 H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.110 - What must I include in my application for a RAP?

Current through June, 2024
You must include the following information in your
						  application for a RAP:
(a) The name,
						address, and EPA identification number of the remediation waste management
						site;
(b) The name, address, and
						telephone number of the owner and operator;
(c) The latitude and longitude of the
						site;
(d) The United States
						Geological Survey (USGS) or county map showing the location of the remediation
						waste management site;
(e) A scaled
						drawing of the remediation waste management site showing:
(1) The remediation waste management site
						boundaries;
(2) Any significant
						physical structures; and
(3) The
						boundary of all areas on-site where remediation waste is to be treated, stored
						or disposed;