reglab/statecodes huggingface dataset:
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 F - SPECIAL FORMS OF PERMITS › Section 11-270-61 - Emergency permits

Current through June, 2024
(a) Notwithstanding
				  any other provision of this chapter or chapter 11-271, 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 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter F - SPECIAL FORMS OF PERMITS › Section 11-270-62 - Hazardous waste incinerator permits

Current through June, 2024
(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 seven-hundred and twenty hours
				  operating time for treatment of hazardous waste. The director may extend the
				  duration of this operational period once, for up to seven-hundred and twenty
				  additional hours, at the request of the applicant when good cause is shown. The
				  permit may be modified to reflect the extension according to section 11-270-42.
(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 section 11-264-343
				  during this period. This statement should include, at a minimum, restrictions
				  on waste constituents, waste feed rates and the operating parameters identified
				  in section 11-264-345.
(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 section 11-264-343
				  based on his engineering judgment.
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 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 section 11-264-272, the director may issue a treatment
				  demonstration permit. The permit must contain only those requirements necessary
				  to meet the standards in subsection 11-264-272(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 subchapter M of chapter 11-264 or 11-265, 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 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter 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
				  chapter
				  11-264 or 11-266. 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 subsection (d), 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 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter F - SPECIAL FORMS OF PERMITS › Section 11-270-66 - Permits for boilers and industrial furnaces burning hazardous waste

Current through June, 2024
(a) General. Owners and operators of new
				  boilers and industrial furnaces (those not operating under the interim status
				  standards of section 11-266-103 ) are subject to subsections (b) through (f) of
				  this section. Boilers and industrial furnaces operating under the interim
				  status standards of section 11-266-103 are subject to subsection (g) of this
				  section.
(b) Permit operating
				  periods for new boilers and industrial furnaces. A permit for a new boiler or
				  industrial furnace shall specify appropriate conditions for the following
				  operating periods:
(1) Pretrial burn period.
				  For the period beginning with initial introduction of hazardous waste and
				  ending with initiation of the trial burn, and only for the minimum time
				  required to bring the boiler or industrial furnace to a point of operational
				  readiness to conduct a trial burn, not to exceed seven hundred and twenty hours
				  operating time when burning hazardous waste, the director must establish in the
				  Pretrial Burn Period of the permit conditions, including but not limited to,
				  allowable hazardous waste feed rates and operating conditions. The director may
				  extend the duration of this operational period once, for up to seven hundred
				  and twenty additional hours, at the request of the applicant when good cause is
				  shown. The permit may be modified to reflect the extension according to section
				  11-270-42.
(i) Applicants must submit a
				  statement, with part B of the permit application, that suggests the conditions
				  necessary to operate in compliance with the standards of sections 11-266-104
				  through 11-266-107 during this period. This statement should include, at a
				  minimum, restrictions on the applicable operating requirements identified in
				  subsection 11-266-102(e).
(ii) 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 sections 11-266-104
				  through 11-266-107 based on his/her engineering judgment.
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 11-270-70 - Qualifying for interim status

Current through June, 2024
(a) Any person who
				  owns or operates an "existing HWM facility" subject to the requirement to have
				  a hazardous waste management 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 HRS section
				  342J-6.5 pertaining
				  to notification of hazardous waste activity; and
(2) Complied with the requirements of section
				  3005 of RCRA or section 11-270-10(e) governing submission of Part A
				  applications.
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 11-270-71 - 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 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter G - INTERIM STATUS › Section 11-270-73 - Termination of interim status

Current through June, 2024
Interim status terminates or terminated when:
(a) Final administrative disposition of a
				  permit application is made; or
(b)
				  Interim status is terminated as provided in paragraph 11-270-10(e)
				  (5).
(c) For owners or operators of
				  each land disposal facility which had been granted a RCRA interim status prior
				  to November 8, 1984, on November 8, 1985 (as provided by
				  40 CFR
				  270.73(1998) ), unless:
(1) The owner or operator submitted a Part B
				  application to EPA for a RCRA 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 - HAZARDOUS WASTE MANAGEMENT STATE ADMINISTERED PERMITS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subchapter H - APPENDICES › Section 11-270-101 - Appendix

Current through June, 2024
Appendix I entitled "Application for a Hazardous Waste
					 Permit - Part A (January 1990)," at the end of this chapter is made a part 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 › Section 11-270.1-1 - Incorporation of 40 C.F.R. part 270

Current through June, 2024
Title 40, part 270 of the Code of Federal Regulations
				  (C.F.R.), published by the Office of the Federal Register, as amended as of
				  July 1, 2020, is made a part of this chapter subject to the substitutions and
				  amendments set forth in sections 11-270.1-2 to 11-270.1-12.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-2 - Substitution of state terms and citations for federal terms and citations

Current through June, 2024
(a) The following federal terms are replaced
				by the indicated state terms in all provisions of 40 C.F.R. part 270 , as
				incorporated and amended in this chapter, except as listed in subsection (b):
(1) "Administrator", "Assistant
				Administrator", "Assistant Administrator for Solid Waste and Emergency
				Response", "Environmental Appeals Board", "EPA Administrator", "EPA Regional
				Administrator", "Regional Administrator", and "State Director" shall be
				replaced with "director".
(2)
				"Agency", "appropriate regional EPA office", "Environmental Protection Agency",
				"EPA", "EPA Headquarters", "EPA regional office", "EPA Regions", "U.S.
				Environmental Protection Agency", and "United States Environmental Protection
				Agency" shall be replaced with "State department of health" except for all
				references to "EPA Acknowledgment of Consent", "EPA form(s)", "EPA guidance",
				"EPA hazardous waste numbers(s)", "EPA ID number", "EPA identification
				number(s)", "EPA manual(s)", "EPA publication(s)", and "EPA test
				methods".
(3) "The Act" shall be
				replaced with "chapter
				342J, HRS".
(4) "The Act and regulations" shall be
				replaced with "chapter
				342J, HRS, and chapters
				11-260.1 to 11-279.1".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-3 - Amendments to the incorporation of 40 C.F.R. part 270, subpart A

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				270.1 is amended as follows:
(1) Replace
				40 C.F.R. section
				270.1(a)(1) in its entirety
				to read: "(1) These permit regulations establish provisions for the Hazardous
				Waste Permit Program under chapter
				342J, HRS."
(2) Replace
				40 C.F.R. section
				270.1(a)(2) in its entirety
				to read: "(2) The regulations in this part cover basic state department of
				health permitting requirements, such as application requirements, standard
				permit conditions, and monitoring and reporting requirements. These regulations
				are part of a regulatory scheme implementing chapter
				342J, HRS, set forth in chapters
				11-260.1 to 11-279.1."
(3) In
				40 C.F.R. section
				270.1(a)(3), delete "2
				67,".
(4) In
				40 C.F.R section
				270.1(b), replace "90 days"
				with "45 days". Replace both instances of "section 3010" with "section
				342J-6.5, HRS".
				Delete "Treatment, storage, and disposal facilities (TSDs) that are otherwise
				subject to permitting under RCRA and that meet the criteria in paragraph
				(b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized
				permit under subpart J of this part." Replace "EPA or a State with interim
				authorization for Phase II or final authorization under part 271" with "the
				state department of health". Delete "or with the analogous provisions of a
				State program which has received interim or final authorization under part
				271".
(5)
										40 C.F.R. section
				270.1(b)(1) and
				270.1(b)(2)
				is excluded from incorporation.
(6)
										40 C.F.R. section
				270.1(c)(1)(i) is excluded
				from incorporation. The State of Hawaii prohibits the underground injection of
				hazardous waste.
(7) In
				40 C.F.R. section
				270.1(c)(2) (viii)(D),
				delete "and".
(8) In
				40 C.F.R. section
				270.1(c)(2) (viii)(E),
				replace the period at the end of the subparagraph with a semicolon.
(9) In
				40 C.F.R. section
				270.1(c)(2) (viii), add a
				new subparagraph (F) to read: "(F) Electronic items as described in 40 C.F.R.
				section 273.6.1, as incorporated and amended in section 11-273.1-1;
				and".
(10) In
				40 C.F.R. section
				270.1(c)(2) (viii), add a
				new subparagraph (G) to read: "(G) Solar panels as described in 40 C.F.R.
				section 273.6.2, as incorporated and amended in section 11-273.1-1."
(11)
										40 C.F.R. section
				270.1(c)(2)(ix) is excluded
				from incorporation.
(12) In
				40 C.F.R. section
				270.1(c)(7), replace "EPA or
				by an authorized State" with "EPA or the state department of
				health".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-4 - Amendments to the incorporation of 40 C.F.R. part 270, subpart B

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				270.10 is amended as follows:
(1)
										40 C.F.R. section
				270.10(a)(6) is excluded
				from incorporation.
(2) In
				40 C.F.R. section
				270.10(e)(1)(ii), replace
				"March 24, 1987" with "June 18, 1994".
(3)
										40 C.F.R. section
				270.10(e)(2) is excluded
				from incorporation.
(4) In
				40 C.F.R. section
				270.10(e)(3), insert ", or
				the director may by compliance order issued under section
				342J-7, HRS," after
				"section 3008 of RCRA".
(5) In
				40 C.F.R. section
				270.10(e)(4), delete "The
				State Director may require submission of part B (or equivalent completion of
				the State RCRA application process) if the State in which the facility is
				located has received interim or final authorization; if not, the Regional
				Administrator may require submission of Part B." Replace "this Act" with
				"chapter
				342J, HRS".
(6) In
				40 C.F.R. section
				270.10(f)(2), replace "The
				application shall be filed with the Regional Administrator if at the time of
				application the State in which the new hazardous waste management facility is
				proposed to be located has not received interim or final authorization for
				permitting such activity; otherwise it shall be filed with the State Director"
				with "The application shall be filed with the director".
(7)
										40 C.F.R. section
				270.10(g)(1)(i) is excluded
				from incorporation.
(8) Replace
				40 C.F.R. section
				270.10(g)(1)(ii) in its
				entirety to read: "(ii) With the director, no later than the effective date of
				amendments to provisions in chapter
				11-261.1 listing or designating wastes
				as hazardous, if the facility is treating, storing, or disposing of any of
				those newly listed or designated wastes; or".
(9) Replace
				40 C.F.R. section
				270.10(g)(1)(iii) in its
				entirety to read: "(iii) As necessary to comply with provisions of
				40 C.F.R, section
				270.72, as incorporated and amended in this
				chapter, for changes during interim status. These revised Part A applications
				shall be filed with the director."
(10) Replace section
				40 C.F.R. section
				270.10(h) in its entirety to
				read: "(h) Reapplying for a permit. If you have an effective permit and you
				want to reapply for a new one, you must submit a new application at least 180
				days before the expiration date of the effective permit, unless the director
				allows a later date."
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-5 - Amendments to the incorporation of 40 C.F.R. part 270, subpart C

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 270.31 is amended as follows:
				in
				40
				C.F.R. section 270.31(c),
				replace "parts 264, 266 and 267" with "chapters
				11-264.1 and 11-266.1".
(b) The incorporation by reference of
				40 C.F.R. section
				270.32 is amended as follows:
(1) In
				40 C.F.R. section
				270.32(a), delete ", and for
				EPA issued permits only, 270.33(b) (alternate schedules of compliance) and
				270.3 (considerations under Federal law)".
(2) In
				40 C.F.R. section
				270.32(b)(2), replace
				"section 3005 of this act" with "section
				342J-5,
				HRS," and replace "Administrator or State Director" with "director".
(3) In
				40 C.F.R. section
				270.32(b)(3), replace
				"Administrator or State Director" with "director".
(4) Replace
				40 C.F.R. section
				270.32(c) in its entirety to
				read: "(c) An applicable requirement is a state statutory or regulatory
				requirement which takes effect prior to final administrative disposition of a
				permit.
				40 C.F.R. section
				124.14, as incorporated and amended in
				section 11-271.1-1, provides a means for reopening permit proceedings at the
				discretion of the director where new requirements become effective during the
				permitting process and are of sufficient magnitude to make additional
				proceedings desirable. An applicable requirement is also any requirement which
				takes effect prior to the modification or revocation and reissuance of a
				permit, to the extent allowed in
				40 C.F.R.
				section 270.41, as incorporated and amended
				in 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 › Section 11-270.1-6 - Amendments to the incorporation of 40 C.F.R. part 270, subpart D

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				270.40 is amended as follows:
(1) In
				40 C.F.R. section
				270.40(a), replace "the
				appropriate Act" with "chapter
				342J, HRS, or chapters
				11-260.1 to 11-279.1".
(2) In
				40 C.F.R, section
				270.40(b), delete "or as a
				routine change with prior approval under
				40
				CFR 124.213 ".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-7 - Amendments to the incorporation of 40 C.F.R. part 270, subpart E

Current through June, 2024
(a)The incorporation by reference of
				40 C.F.R. section
				270.50 is amended as follows:
(1) In
				40 C.F.R. section
				270.50(a), replace "10
				years" with "five years".
(2) In
				40 C.F.R. section
				270.50(d), replace "five
				years" with "three years",
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-8 - Amendments to the incorporation of 40 C.F.R. part 270, subpart F

Current through June, 2024
(a)
									40 C.F.R. sections
				270.60(b) and
				270.64
				are excluded from the incorporation by reference of 40 C.F.R. part 270 . Hawaii
				prohibits the underground injection of hazardous waste.
(b)
									40 C.F.R.
				section 270.67 is excluded from the
				incorporation by reference of 40 C.F.R. part 270 .
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-9 - Amendments to the incorporation of 40 C.F.R. part 270, subpart G

Current through June, 2024
The incorporation by reference of
				  40 C.F.R. section
				  270.70 is amended as follows:
(1) In
				40 C.F.R. section
				270.70(a)(1), insert "or
				section
				342J-6.5, HRS,"
				after "RCRA".
(2) In
				40 C.F.R. section
				270.70(b), insert "against
				the owner and/or operator of the facility, including, but not limited to, an
				enforcement action for operation of a facility without a permit or interim
				status" to the end of the last sentence.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-10 - Amendments to the incorporation of 40 C.F.R. part 270, subpart H

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				270.80 is amended as follows: in
				40 C.F.R. section
				270.80(c), replace "RCRA
				Permit under RCRA section 3005(c)" with "State hazardous waste permit under
				section
				342J-5,
				HRS".
(b) The incorporation by
				reference of
				40 C.F.R.
				section 270.115 is amended as follows:
				replace "Part 2 (Public Information) of this chapter" with "Applicable
				provisions of chapter
				2-71 and chapter
				92F, HRS" and replace "part 2 of this
				chapter" with "applicable provisions of chapter
				2-71 and chapter
				92F, HRS".
(c) The incorporation by reference of
				40
				C.F.R. section 270.140 is amended as follows:
				in
				40
				C.F.R. section
				270.140(b)(3), replace
				"issuing Regional Office" with "department".
(d) The incorporation by reference of
				40
				C.F.R. section 270.145 is amended as follows:
				in
				40
				C.F.R. section
				270.145(a)(4), replace
				"local government" with "county government".
(e) The incorporation by reference of
				40
				C.F.R. section 270.150 is amended as follows:
(1) In
				40
				C.F.R. section 270.150(e),
				insert ", chapter
				91, HRS, and section
				342J-12, HRS" at the end
				of the sentence.
(2) In
				40
				C.F.R. section 270.150(f),
				replace "issuing Regional office" with "department".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Section 11-270.1-12 - Amendments to the incorporation of 40 C.F.R. part 270, subpart J

Current through June, 2024
40 C.F.R. part 270 , subpart J is excluded from the
				  incorporation by reference of 40 C.F.R. part 270 .
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 A - General Information › Section 11-270.1 - Purpose and scope of these regulations

Current through June, 2024
(a) Coverage.
(1) These permit regulations establish
					 provisions for the Hazardous Waste Permit Program under chapter
					 342J, HRS.
(2) The regulations in this part cover basic
					 state department of health permitting requirements, such as application
					 requirements, standard permit conditions, and monitoring and reporting
					 requirements. These regulations are part of a regulatory scheme implementing
					 chapter
					 342J, HRS, set forth in chapters
					 11-260.1 to 11279.1.
(3) Technical regulations. The RCRA permit
					 program has separate additional Regulations that contain technical
					 requirements. These separate regulations are used by permit issuing authorities
					 to determine what requirements must be placed in permits if they are issued.
					 These separate regulations are located in 40 CFR parts 264, 266, and
					 268.
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 A - General Information › Section 11-270.4 - Effect of a permit

Current through June, 2024
(a)
(1) Compliance with a RCRA permit during its
					 term constitutes compliance, for purposes of enforcement, with subtitle C of
					 RCRA except for those requirements not included in the permit which:
(i) Become effective by statute;
(ii) Are promulgated under part 268 of this
					 chapter restricting the placement of hazardous wastes in or on the
					 land;
(iii) Are promulgated under
					 part 264 of this chapter regarding leak detection systems for new and
					 replacement surface impoundment, waste pile, and landfill units, and lateral
					 expansions of surface impoundment, waste pile, and landfill units. The leak
					 detection system requirements include double liners, CQA programs, monitoring,
					 action leakage rates, and response action plans, and will be implemented
					 through the procedures of § 270.42 Class 1 permit modifications;
					 or
(iv) Are promulgated under
					 subparts AA, BB, or CC of part 265 of this chapter limiting air
					 emissions.
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 A - General Information › Section 11-270.5 - Noncompliance and program reporting by the Director

Current through June, 2024
The Director shall prepare quarterly and annual reports
						as detailed below. When the State is the permit-issuing authority, the State
						Director shall submit any reports required under this section to the Regional
						Administrator. When EPA is the permit-issuing authority, the Regional
						Administrator shall submit any report required under this section to EPA
						Headquarters. For purposes of this section only, RCRA permittees shall include
						RCRA interim status facilities, when appropriate.
(a) Quarterly reports. The Director shall
					 submit quarterly narrative reports for major facilities as follows:
(1) Format. The report shall use the
					 following format:
(i) Information on
					 noncompliance for each facility;
(ii) Alphabetize by permittee name. When two
					 or more permittees have the same name, the lowest permit number shall be
					 entered first; and
(iii) For each
					 entry on the list, include the following information in the following order:
(A) Name, location, and permit number of the
					 noncomplying permittee.
(B) A brief
					 description and date of each instance of noncompliance for that permittee.
					 Instances of noncompliance may include one or more of the kinds set forth in
					 paragraph (a)(2) of this section. When a permittee has noncompliance of more
					 than one kind, combine the information into a single entry for each such
					 permittee.
(C) The date(s) and a
					 brief description of the action(s) taken by the Director to ensure
					 compliance.
(D) Status of the
					 instance(s) of noncompliance with the date of the review of the status or the
					 date of resolution.
(E) Any details
					 which tend to explain or mitigate the instance(s) of
					 noncompliance.
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 A - General Information › Section 11-270.6 - References

Current through June, 2024
(a) When used in part 270 of this chapter,
					 the following publications are incorporated by reference. These incorporations
					 by reference were approved by the Director of the Federal Register pursuant to
					 5
					 U.S.C. 552(a) and 1 CFR part
					 51 . These materials are incorporated as they exist on the date of approval and
					 a notice of any change in these materials will be published in the Federal
					 Register. Copies may be inspected at the Library, U.S. Environmental Protection
					 Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460,
					 libraryhq@epa.gov; or at the National Archives and Records Administration
					 (NARA). For information on the availability of this material at NARA, call
					 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.
(b) The following materials are
					 available for purchase from the National Technical Information Service (NTIS),
					 5285 Port Royal Road, Springfield, VA 22161, (703) 6056000 or (800) 553-6847;
					 or for purchase from the Superintendent of Documents, U.S. Government Printing
					 Office, Washington, DC 20402, (202) 512-1800:
(1) "APTI Course 415: Control of Gaseous
					 Emissions," EPA Publication EPA-450/2-81-005, December 1981, IBR approved for
					 §§ 270.24 and 270.25.
(2)
					 [Reserved]
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 11-270.10 - General application requirements

Current through June, 2024
(a) Applying for a
					 permit. Below is information on how to obtain a permit and where to find
					 requirements for specific permits:
(1) If you
					 are covered by RCRA permits by rule (§ 270.60), you need not
					 apply.
(2) If you currently have
					 interim status, you must apply for permits when required by the
					 Director.
(3) If you are required
					 to have a permit (including new applicants and permittees with expiring
					 permits), you must complete, sign, and submit an application to the Director,
					 as described in this section and §§ 270.70 through 270.73.
(4) If you are seeking an emergency permit,
					 the procedures for application, issuance, and administration are found
					 exclusively in § 270.61.
(5)
					 If you are seeking a research, development, and demonstration permit, the
					 procedures for application, issuance, and administration are found exclusively
					 in § 270.65.
(6) [excluded
					 from incorporation]
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 11-270.11 - Signatories to permit applications and reports

Current through June, 2024
(a)
					 Applications. All permit applications shall be signed as follows:
(1) For a corporation: By a responsible
					 corporate officer. For the purpose of this section, a responsible corporate
					 officer means
(i) A president, secretary,
					 treasurer, or vice-president of the corporation in charge of a principal
					 business function, or any other person who performs similar policy- or
					 decisionmaking functions for the corporation, or
(ii) the manager of one or more
					 manufacturing, production or operating facilities employing more than 250
					 persons or having gross annual sales or expenditures exceeding $25 million (in
					 second-quarter 1980 dollars), if authority to sign documents has been assigned
					 or delegated to the manager in accordance with corporate procedures.
Note: [The] state department of health does not require
						specific assignments or delegations of authority to responsible corporate
						officers identified in § 270.11(a)(1)(i). The state department of health
						will presume that these responsible corporate officers have the requisite
						authority to sign permit applications unless the corporation has notified the
						Director to the contrary. Corporate procedures governing authority to sign
						permit applications may provide for assignment or delegation to applicable
						corporate positions under § 270.11(a)(1)(ii) rather than to specific
						individuals.
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 11-270.12 - Confidentiality of information

Current through June, 2024
(a) In accordance
					 with sections
					 342J-14
					 and
					 342J-14.5, HRS,
					 and any applicable provisions of chapter
					 2-71 and chapter
					 92F, HRS, any information submitted
					 to [the] state department of health pursuant to these regulations may be
					 claimed as confidential by the submitter. Any such claim must be asserted at
					 the time of submission in the manner prescribed on the application form or
					 instructions or, in the case of other submissions, by stamping the words
					 "confidential business information" on each page containing such information.
					 If no claim is made at the time of submission, [the] state department of health
					 may make the information available to the public without further notice. If a
					 claim is asserted, the information will be treated in accordance with the
					 procedures in sections
					 342J-14
					 and
					 342J-14.5, HRS,
					 and any applicable provisions of chapter 2-71 and chapter
					 92F, HRS.
(b) Claims of confidentiality for the name
					 and address of any permit applicant or permittee will be denied.
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 11-270.13 - Contents of part A of the permit application

Current through June, 2024
Part A of the RCRA application shall include the
						following information:
(a) The
					 activities conducted by the applicant which require it to obtain a permit under
					 RCRA.
(b) Name, mailing address,
					 and location, including latitude and longitude of the facility for which the
					 application is submitted.
(c) Up to
					 four SIC codes which best reflect the principal products or services provided
					 by the facility.
(d) The operator's
					 name, address, telephone number, ownership status, and status as Federal,
					 State, private, public, or other entity.
(e) The name, address, and phone number of
					 the owner of the facility.
(f)
					 Whether the facility is located on Indian lands.
(g) An indication of whether the facility is
					 new or existing and whether it is a first or revised application.
(h) For existing facilities,
(1) a scale drawing of the facility showing
					 the location of all past, present, and future treatment, storage, and disposal
					 areas; and
(2) photographs of the
					 facility clearly delineating all existing structures; existing treatment,
					 storage, and disposal areas; and sites of future treatment, storage, and
					 disposal areas.
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 11-270.15 - Specific part B information requirements for containers

Current through June, 2024
Except as otherwise provided in § 264.170, owners or
						operators of facilities that store containers of hazardous waste must provide
						the following additional information:
(a) A description of the containment system
					 to demonstrate compliance with § 264.175. Show at least the following:
(1) Basic design parameters, dimensions, and
					 materials of construction.
(2) How
					 the design promotes drainage or how containers are kept from contact with
					 standing liquids in the containment system.
(3) Capacity of the containment system
					 relative to the number and volume of containers to be stored.
(4) Provisions for preventing or managing
					 run-on.
(5) How accumulated liquids
					 can be analyzed and removed to prevent overflow.
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 11-270.16 - Specific part B information requirements for tank systems

Current through June, 2024
Except as otherwise provided in § 264.190, owners
						and operators of facilities that use tanks to store or treat hazardous waste
						must provide the following additional information:
(a) A written assessment that is reviewed and
					 certified by a qualified Professional Engineer as to the structural integrity
					 and suitability for handling hazardous waste of each tank system, as required
					 under § 264.191 and § 264.192 of this chapter;
(b) Dimensions and capacity of each
					 tank;
(c) Description of feed
					 systems, safety cutoff, bypass systems, and pressure controls (e.g.,
					 vents);
(d) A diagram of piping,
					 instrumentation, and process flow for each tank system;
(e) A description of materials and equipment
					 used to provide external corrosion protection, as required under §
					 264.192(a)(3)(ii);
(f) For new tank
					 systems, a detailed description of how the tank system(s) will be installed in
					 compliance with § 264.192 (b), (c), (d), and (e);
(g) Detailed plans and description of how the
					 secondary containment system for each tank system is or will be designed,
					 constructed, and operated to meet the requirements of § 264.193 (a), (b),
					 (c), (d), (e), and (f);
(h) For
					 tank systems for which a variance from the requirements of § 264.193 is
					 sought (as provided by § 264.193(g)):
(1) Detailed plans and engineering and
					 hydrogeologic reports, as appropriate, describing alternate design and
					 operating practices that will, in conjunction with location aspects, prevent
					 the migration of any hazardous waste or hazardous constituents into the ground
					 water or surface water during the life of the facility, or
(2) A detailed assessment of the substantial
					 present or potential hazards posed to human health or the environment should a
					 release enter the environment.
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 11-270.17 - Specific part B information requirements for surface impoundments

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that store, treat or dispose of hazardous waste in
						surface impoundments must provide the following additional information:
(a) A list of the hazardous wastes placed or
					 to be placed in each surface impoundment;
(b) Detailed plans and an engineering report
					 describing how the surface impoundment is designed and is or will be
					 constructed, operated, and maintained to meet the requirements of §§
					 264.19, 264.221, 264.222, and 264.223 of this chapter, addressing the following
					 items:
(1) The liner system (except for an
					 existing portion of a surface impoundment). If an exemption from the
					 requirement for a liner is sought as provided by § 264.221(b), submit
					 detailed plans and engineering and hydrogeologic reports, as appropriate,
					 describing alternate design 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;
(2) The double liner and leak (leachate)
					 detection, collection, and removal system, if the surface impoundment must meet
					 the requirements of § 264.221(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 § 264.221 (d), (e),
					 or (f) of this chapter, submit appropriate information;
(3) 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;
(4) The construction quality assurance (CQA)
					 plan if required under § 264.19 of this chapter;
(5) Proposed action leakage rate, with
					 rationale, if required under § 264.222 of this chapter, and response
					 action plan, if required under § 264.223 of this chapter;
(6) Prevention of overtopping; and
(7) Structural integrity of dikes;
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 11-270.18 - Specific part B information requirements for waste piles

Current through June, 2024
Except as otherwise provided in § 264.1, owners and
						operators of facilities that store or treat hazardous waste in waste piles must
						provide the following additional information:
(a) A list of hazardous wastes placed or to
					 be placed in each waste pile;
(b)
					 If an exemption is sought to § 264.251 and subpart F of part 264 as
					 provided by § 264.250(c) or § 264.90(b)(2), an explanation of how the
					 standards of § 264.250(c) will be complied with or detailed plans and an
					 engineering report describing how the requirements of § 264.90(b)(2) will
					 be met.
(c) Detailed plans and an
					 engineering report describing how the waste pile is designed and is or will be
					 constructed, operated, and maintained to meet the requirements of §§
					 264.19, 264.251, 264.252, and 264.253 of this chapter, addressing the following
					 items:
(1)
(i) The liner system (except for an existing
					 portion of a waste pile), if the waste pile must meet the requirements of
					 § 264.251(a) of this chapter. If an exemption from the requirement for a
					 liner is sought as provided by § 264.251(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 waste pile must meet the
					 requirements of § 264.251(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 § 264.251(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 § 264.252 of this chapter, and response
					 action plan, if required under § 264.253 of this chapter;