Current through September, 2024
Section 11-264-1030 - Applicability(a) The rules in this subchapter apply to owners and operators of facilities that treat, store, or dispose of hazardous wastes (except as provided in section 11-264-1).(b) Except for subsections 11-264-1034(d) and (e), this subchapter applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations that manage hazardous wastes with organic concentrations of at least ten ppmw, if these operations are conducted in one of the following: (1) A unit that is subject to the permitting requirements of chapter 11-270, or(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of section 11-262-34(a) (i.e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of chapter 11-270, or(3) A unit that is exempt from permitting under the provisions of section 11-262-34(a) (i.e., a 90-day tank or container) and is not a recycling unit under the provisions of section 11-261-6.(c) For the owner and operator of a facility subject to this subchapter and who received a final permit under RCRA section 3005 prior to December 6, 1996, the requirements of this subchapter shall be incorporated into the permit when a State hazardous waste management permit is issued under section 11-271-15 or the EPA-issued RCRA permit is reissued in accordance with the requirements of section 11-271-15 or reviewed in accordance with the requirements of section 11-270-50(d). Until such date when the owner and operator receives a final permit incorporating the requirements of this subchapter, the owner and operator is subject to the requirements of chapter 11-265, subchapter AA.(d) The requirements of sections 11-264-1032 through 11-264-1036 apply to process vents on hazardous waste recycling units previously exempt under paragraph 11-261-6(c) (1). Other exemptions under section 11-261-4 and subsection 11-264-1(g) are not affected by these requirements.(e) The requirements of this subchapter do not apply to the process vents at a facility where the facility owner or operator certifies that all of the process vents that would otherwise be subject to this subchapter are equipped with and operating air emission controls in accordance with the process vent requirements of an applicable Federal Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made readily available with, the facility operating record.Haw. Code R. § 11-264-1030
[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1030 )