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 11-270.14 - Contents of part B: General requirements

Current through June, 2024
(a) Part B of the
					 permit application consists of the general information requirements of this
					 section, and the specific information requirements in
					 40 C.F.R. sections
					 270.14 to
					 270.29, as
					 incorporated and amended in this chapter, applicable to the facility. The part
					 B information requirements presented in §§ 270.14 through 270.29
					 reflect the standards promulgated in 40 CFR part 264 . These information
					 requirements are necessary in order for [the] state department of health to
					 determine compliance with the part 264 standards. If owners and operators of
					 HWM facilities can demonstrate that the information prescribed in part B can
					 not be provided to the extent required, the Director may make allowance for
					 submission of such information on a case-by-case basis. Information required in
					 part B shall be submitted to the Director and signed in accordance with the
					 requirements in § 270.11. Certain technical data, such as design drawings
					 and specifications, and engineering studies shall be certified by a qualified
					 Professional Engineer. For post-closure permits, only the information specified
					 in § 270.28 is required in part B of the permit application.
(b) General information requirements. The
					 following information is required for all HWM facilities, except as §
					 264.1 provides otherwise:
(1) A general
					 description of the facility.
(2)
					 Chemical and physical analyses of the hazardous waste and hazardous debris to
					 be handled at the facility. At a minimum, these analyses shall contain all the
					 information which must be known to treat, store, or dispose of the wastes
					 properly in accordance with part 264 of this chapter.
(3) A copy of the waste analysis plan
					 required by § 264.13(b) and, if applicable § 264.13(c).
(4) A description of the security procedures
					 and equipment required by § 264.14, or a justification demonstrating the
					 reasons for requesting a waiver of this requirement.
(5) A copy of the general inspection schedule
					 required by
					 40 C.F.R. section
					 264.15(b), as incorporated
					 and amended in section 11-264.1-1.
(6) A justification of any request for a
					 waiver(s) of the preparedness and prevention requirements of part 264, subpart
					 C.
(7) A copy of the contingency
					 plan required by part 264, subpart D.
Note: Include, where applicable, as part of the
						contingency plan, specific requirements in §§ 264.227, 264.255, and
						264.200.
(8) A description
					 of procedures, structures, or equipment used at the facility to:
(i) Prevent hazards in unloading operations
					 (for example, ramps, special forklifts);
(ii) Prevent runoff from hazardous waste
					 handling areas to other areas of the facility or environment, or to prevent
					 flooding (for example, berms, dikes, trenches);
(iii) Prevent contamination of water
					 supplies;
(iv) Mitigate effects of
					 equipment failure and power outages;
(v) Prevent undue exposure of personnel to
					 hazardous waste (for example, protective clothing); and
(vi) Prevent releases to
					 atmosphere.
(9) A
					 description of precautions to prevent accidental ignition or reaction of
					 ignitable, reactive, or incompatible wastes as required to demonstrate
					 compliance with § 264.17 including documentation demonstrating compliance
					 with § 264.17(c).
(10) Traffic
					 pattern, estimated volume (number, types of vehicles) and control (for example,
					 show turns across traffic lanes, and stacking lanes (if appropriate); describe
					 access road surfacing and load bearing capacity; show traffic control
					 signals).
(11) Facility location
					 information;
(i) In order to determine the
					 applicability of the seismic standard [§ 264.18(a)] the owner or operator
					 of a new facility must identify the political jurisdiction (e.g., county,
					 township, or election district) in which the facility is proposed to be
					 located.
[Comment: If the county or election district is not
						listed in appendix VI of part 264, no further information is required to
						demonstrate compliance with § 264.18(a).]
(ii) If the facility is proposed to be
					 located in an area listed in appendix VI of part 264, the owner or operator
					 shall demonstrate compliance with the seismic standard. This demonstration may
					 be made using either published geologic data or data obtained from field
					 investigations carried out by the applicant. The information provided must be
					 of such quality to be acceptable to geologists experienced in identifying and
					 evaluating seismic activity. The information submitted must show that either:
(A) No faults which have had displacement in
					 Holocene time are present, or no lineations which suggest the presence of a
					 fault (which have displacement in Holocene time) within 3,000 feet of a
					 facility are present, based on data from:
(1)
					 Published geologic studies,
(2)
					 Aerial reconnaissance of the area within a five-mile radius from the
					 facility.
(3) An analysis of aerial
					 photographs covering a 3,000 foot radius of the facility, and
(4) If needed to clarify the above data, a
					 reconnaissance based on walking portions of the area within 3,000 feet of the
					 facility, or
(B) If
					 faults (to include lineations) which have had displacement in Holocene time are
					 present within 3,000 feet of a facility, no faults pass within 200 feet of the
					 portions of the facility where treatment, storage, or disposal of hazardous
					 waste will be conducted, based on data from a comprehensive geologic analysis
					 of the site. Unless a site analysis is otherwise conclusive concerning the
					 absence of faults within 200 feet of such portions of the facility data shall
					 be obtained from a subsurface exploration (trenching) of the area within a
					 distance no less than 200 feet from portions of the facility where treatment,
					 storage, or disposal of hazardous waste will be conducted. Such trenching shall
					 be performed in a direction that is perpendicular to known faults (which have
					 had displacement in Holocene time) passing within 3,000 feet of the portions of
					 the facility where treatment, storage, or disposal of hazardous waste will be
					 conducted. Such investigation shall document with supporting maps and other
					 analyses, the location of faults found. [Comment: The Guidance Manual for the
					 Location Standards provides greater detail on the content of each type of
					 seismic investigation and the appropriate conditions under which each approach
					 or a combination of approaches would be used.]
(iii) Owners and operators of all facilities
					 shall provide an identification of whether the facility is located within a
					 100-year floodplain. This identification must indicate the source of data for
					 such determination and include a copy of the relevant Federal Insurance
					 Administration (FIA) flood map, if used, or the calculations and maps used
					 where an FIA map is not available. Information shall also be provided
					 identifying the 100-year flood level and any other special flooding factors
					 (e.g., wave action) which must be considered in designing, constructing,
					 operating, or maintaining the facility to withstand washout from a 100-year
					 flood.
[Comment: Where maps for the National Flood Insurance
						Program produced by the Federal Insurance Administration (FIA) of the Federal
						Emergency Management Agency are available, they will normally be determinative
						of whether a facility is located within or outside of the 100-year floodplain.
						However, where the FIA map excludes an area (usually areas of the floodplain
						less than 200 feet in width), these areas must be considered and a
						determination made as to whether they are in the 100-year floodplain. Where FIA
						maps are not available for a proposed facility location, the owner or operator
						must use equivalent mapping techniques to determine whether the facility is
						within the 100-year floodplain, and if so located, what the 100-year flood
						elevation would be.]
(iv)
					 Owners and operators of facilities located in the 100-year floodplain must
					 provide the following information:
(A)
					 Engineering analysis to indicate the various hydrodynamic and hydrostatic
					 forces expected to result at the site as consequence of a 100-year
					 flood.
(B) Structural or other
					 engineering studies showing the design of operational units (e.g., tanks,
					 incinerators) and flood protection devices (e.g., floodwalls, dikes) at the
					 facility and how these will prevent washout.
(C) If applicable, and in lieu of paragraphs
					 (b)(11)(iv) (A) and (B) of this section, a detailed description of procedures
					 to be followed to remove hazardous waste to safety before the facility is
					 flooded, including:
(1) Timing of such
					 movement relative to flood levels, including estimated time to move the waste,
					 to show that such movement can be completed before floodwaters reach the
					 facility.
(2) A description of the
					 location(s) to which the waste will be moved and demonstration that those
					 facilities will be eligible to receive hazardous waste in accordance with the
					 regulations under parts 270, 124, and 264 through 266 of this
					 chapter.
(3) The planned
					 procedures, equipment, and personnel to be used and the means to ensure that
					 such resources will be available in time for use.
(4) The potential for accidental discharges
					 of the waste during movement.
(v) Existing facilities NOT in compliance
					 with § 264.18(b) shall provide a plan showing how the facility will be
					 brought into compliance and a schedule for compliance.
(12) An outline of both the introductory and
					 continuing training programs by owners or operators to prepare persons to
					 operate or maintain the HWM facility in a safe manner as required to
					 demonstrate compliance with § 264.16. A brief description of how training
					 will be designed to meet actual job tasks in accordance with requirements in
					 § 264.16(a)(3).
(13) A copy of
					 the closure plan and, where applicable, the post-closure plan required by
					 §§ 264.112, 264.118, and 264.197. Include, where applicable, as part
					 of the plans, specific requirements in §§ 264.178, 264.197, 264.228,
					 264.258, 264.280, 264.310, 264.351, 264.601, and 264.603.
(14) For hazardous waste disposal units that
					 have been closed, documentation that notices required under § 264.119 have
					 been filed.
(15) The most recent
					 closure cost estimate for the facility prepared in accordance with §
					 264.142 and a copy of the documentation required to demonstrate financial
					 assurance under § 264.143. For a new facility, a copy of the required
					 documentation may be submitted 60 days prior to the initial receipt of
					 hazardous wastes, if that is later than the submission of the part B.
(16) Where applicable, the most recent
					 post-closure cost estimate for the facility prepared in accordance with §
					 264.144 plus a copy of the documentation required to demonstrate financial
					 assurance under § 264.145. For a new facility, a copy of the required
					 documentation may be submitted 60 days prior to the initial receipt of
					 hazardous wastes, if that is later than the submission of the part B.
(17) Where applicable, a copy of the
					 insurance policy or other documentation which comprises compliance with the
					 requirements of § 264.147. For a new facility, documentation showing the
					 amount of insurance meeting the specification of § 264.147(a) and, if
					 applicable, § 264.147(b), that the owner or operator plans to have in
					 effect before initial receipt of hazardous waste for treatment, storage, or
					 disposal. A request for a variance in the amount of required coverage, for a
					 new or existing facility, may be submitted as specified in §
					 264.147(c).
(18) [excluded from
					 incorporation]
(19) A topographic
					 map showing a distance of 1,000 feet around the facility at a scale of 2.5
					 centimeters (1 inch) equal to not more than 61.0 meters (200 feet). Contours
					 must be shown on the map. The contour interval must be sufficient to clearly
					 show the pattern of surface water flow in the vicinity of and from each
					 operational unit of the facility. For example, contours with an interval of 1.5
					 meters (5 feet), if relief is greater than 6.1 meters (20 feet), or an interval
					 of 0.6 meters (2 feet), if relief is less than 6.1 meters (20 feet). Owners and
					 operators of HWM facilities located in mountainous areas should use large
					 contour intervals to adequately show topographic profiles of facilities. The
					 map shall clearly show the following:
(i) Map
					 scale and date.
(ii) 100-year
					 floodplain area.
(iii) Surface
					 waters including intermittent streams.
(iv) Surrounding land uses (residential,
					 commercial, agricultural, recreational).
(v) A wind rose (i.e., prevailing wind-speed
					 and direction).
(vi) Orientation of
					 the map (north arrow).
(vii) Legal
					 boundaries of the HWM facility site.
(viii) Access control (fences,
					 gates).
(ix) Injection and
					 withdrawal wells both on-site and off-site.
(x) Buildings; treatment, storage, or
					 disposal operations; or other structure (recreation areas, runoff control
					 systems, access and internal roads, storm, sanitary, and process sewerage
					 systems, loading and unloading areas, fire control facilities, etc.)
(xi) Barriers for drainage or flood
					 control.
(xii) Location of
					 operational units within the HWM facility site, where hazardous waste is (or
					 will be) treated, stored, or disposed (include equipment cleanup areas).
Note: For large HWM facilities the state department of
						health will allow the use of other scales on a case-by-case basis.
(20) Applicants may be
					 required to submit such information as may be necessary to enable the director
					 to carry out his duties under other state laws or applicable federal
					 laws.
(21) For land disposal
					 facilities, if a case-by-case extension has been approved under § 268.5
					 [federal] or a petition has been approved under § 268.6 [federal], a copy
					 of the notice of approval for the extension or petition is required.
(22) A summary of the pre-application
					 meeting, along with a list of attendees and their addresses, and copies of any
					 written comments or materials submitted at the meeting, as required under
					 § 124.31(c).