Section 11-264-1050 - 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 as provided in subsection 11-264-1064(k), this subchapter applies to equipment that contains or contacts hazardous wastes with organic concentrations of at least ten percent by weight that are managed 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 provision of section 11-261-6.(c) For the owner or 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 or operator receives a final permit incorporating the requirements of this subchapter, the owner or operator is subject to the requirements of 40 CFR part 265, subchapter BB.(d) Each piece of equipment to which this subchapter applies shall be marked in such a manner that it can be distinguished readily from other pieces of equipment.(e) Equipment that is in vacuum service is excluded from the requirements of section 11-264-1052 to section 11-264-1060 if it is identified as required in paragraph 11-264-1064(g) (5).(f) Equipment that contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year is excluded from the requirements of sections 11-264-1052 through 11-264-1060 if it is identified, as required in section 11-264-1064(g) (6).Haw. Code R. § 11-264-1050
[Eff 6/18/94; am 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1050 )