Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter G - INTERIM STATUS › Section 11-270-72 - Changes during interim status

Current through June, 2024
(a) Except as
				  provided in subsection (b), the owner or operator of an interim status facility
				  may make the following changes at the facility:
(1) Treatment, storage, or disposal of new
				  hazardous wastes not previously identified in Part A of the permit application
				  (and, in the case of newly listed or identified wastes, addition of the units
				  being used to treat, store, or dispose of the hazardous wastes on the effective
				  date of the listing or identification) if the owner or operator submits a
				  revised Part A permit application prior to such treatment, storage, or
				  disposal;
(2) Increases in the
				  design capacity of processes used at the facility if the owner or operator
				  submits a revised Part A permit application prior to such a change (along with
				  a justification explaining the need for the change) and the director approves
				  the changes because:
(i) There is a lack of
				  available treatment, storage, or disposal capacity at other hazardous waste
				  management facilities, or
(ii) The
				  change is necessary to comply with a federal, State, or county
				  requirement.
(3) Changes
				  in the processes for the treatment, storage, or disposal of hazardous waste or
				  addition of processes if the owner or operator submits a revised Part A permit
				  application prior to such change (along with a justification explaining the
				  need for the change) and the director approves the change because:
(i) The change is necessary to prevent a
				  threat to human health and the environment because of an emergency situation,
				  or
(ii) The change is necessary to
				  comply with a federal, State, or county requirement.
(4) Changes in the ownership or operational
				  control of a facility if the new owner or operator submits a revised Part A
				  permit application no later than ninety days prior to the scheduled change.
				  When a transfer of operational control of a facility occurs, the old owner or
				  operator shall comply with the requirements of chapter 11-265, subchapter H
				  (Financial Requirements), until the new owner or operator has demonstrated to
				  the director that he is complying with the requirements of that subchapter. The
				  new owner or operator must demonstrate compliance with subchapter H
				  requirements within six months of the date of the change in ownership or
				  operational control of the facility. Upon demonstration to the director by the
				  new owner or operator of compliance with subchapter H, the director shall
				  notify the old owner or operator in writing that he no longer needs to comply
				  with subchapter H as of the date of demonstration. All other interim status
				  duties are transferred effective immediately upon the date of the change in
				  ownership or operational control of the facility.
(5) Changes made in accordance with an
				  interim status corrective action order issued by EPA under section 3008(h) of
				  RCRA or other federal authority, by the department under HRS section
				  342J-36,
				  or by a court in a judicial action brought by EPA or by the department. Changes
				  under this paragraph are limited to the treatment, storage, or disposal of
				  solid waste from releases that originate within the boundary of the
				  facility.
(6) Addition of newly
				  regulated units for the treatment, storage, or disposal of hazardous waste if
				  the owner or operator submits a revised Part A permit application on or before
				  the date on which the unit becomes subject to the new requirements.