Section 11-265-340 - Applicability(a) The rules in this subchapter apply to owners and operators of hazardous waste incinerators (as defined in section 11-260-10), except as section 11-265-1 provides otherwise.(b) Owners and operators of incinerators burning hazardous waste are exempt from all of the requirements of this subchapter, except section 11-265-351 (Closure), provided that the owner or operator has documented, in writing, that the waste would not reasonably be expected to contain any of the hazardous constituents listed in chapter 11-261, Appendix VIII, and such documentation is retained at the facility, if the waste to be burned is: (1) Listed as a hazardous waste in chapter 11-261, subchapter D, solely because it is ignitable (Hazard Code I), corrosive (Hazard Code C), or both; or(2) Listed as a hazardous waste in chapter 11-261, subchapter D, solely because it is reactive (Hazard Code R) for characteristics other than those listed in paragraphs 11-261-23(a)(4) and 11-261-23(a)(5), and will not be burned when other hazardous wastes are present in the combustion zone; or(3) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the tests for characteristics of hazardous wastes under chapter 11-261, subchapter C; or (4) A hazardous waste solely because it possesses the reactivity characteristics described by paragraph 11-261-23(a)(1), 11-261-23(a)(2), 11-261-23(a)(3), 11-261-23(a)(6), 11-261-23(a)(7), or 11-261-23(a)(8), and will not be burned when other hazardous wastes are present in the combustion zone.Haw. Code R. § 11-265-340
[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.340 )