Current through February, 2024
(a) Permit
application. Any person who is required to have a permit (including new
applicants and permittees with expiring permits) shall complete, sign, and
submit an application to the director as described in this section and sections
11-270-70 through 11-270-73. Persons currently authorized with interim status
shall apply for permits when required by the director. Persons covered by
hazardous waste management permits by rule (section 11-270-60 ), need not
apply. Procedures for applications, issuance and administration of emergency
permits are found exclusively in section 11-270-61. Procedures for application,
issuance and administration of research, development, and demonstration permits
are found exclusively in section 11-270-65.
(b) Who applies? When a facility or activity
is owned by one person but is operated by another person, it is the operator's
duty to obtain a permit, except that the owner must also sign the permit
application.
(c) Completeness. The
director shall not issue a permit before receiving a complete application for a
permit except for permits by rule, or emergency permits. An application for a
permit is complete when the director receives an application form and any
supplemental information which are completed to his satisfaction. An
application for a permit is complete notwithstanding the failure of the owner
or operator to submit the exposure information described in subsection (j). The
director may deny a permit for the active life of a hazardous waste management
facility or unit before receiving a complete application for a
permit.
(d) Information
requirements. All applicants for hazardous waste management permits shall
provide information set forth in section 11-270-13 and applicable provisions in
sections 11-270-14 through 11-270-29 to the director, using the application
form provided by the director.
(e)
Existing HWM facilities and interim status qualifications.
(1) Owners and operators of existing
hazardous waste management facilities must submit Part A of their permit
application no later than:
(i)
[Reserved]
(ii) Thirty days after
the date they first become subject to the standards set forth in chapter 11-265
or 11-266.
(iii) For generators
generating greater than one-hundred kilograms but less than one-thousand
kilograms of hazardous waste in a calendar month and treats, stores, or
disposes of these wastes on-site, by the effective date of this
subchapter.
(2)
[Reserved]
(3) The director may by
compliance order issued under section
342J-7, HRS extend
the date by which the owner and operator of an existing hazardous waste
management facility must submit Part A of their permit application.
(4) The owner or operator of an existing HWM
facility may be required to submit Part B of their permit application. Any
owner or operator shall be allowed at least six months from the date of request
to submit Part B of the application. Any owner or operator of an existing HWM
facility may voluntarily submit Part B of the application at any time.
Notwithstanding the above, any owner or operator of an existing HWM facility
must submit a Part B permit application in accordance with the dates specified
in section 11-270-73. Any owner or operator of a land disposal facility in
existence on the effective date of statutory or rule amendments under chapter
342J, HRS that render the facility subject to the requirement to have a
hazardous waste management permit must submit a Part B application in
accordance with the dates specified in section 11-270-73.
(5) Failure to furnish a requested Part B
application on time, or to furnish in full the information required by the Part
B application, is grounds for termination of interim status.
(f) New HWM facilities.
(1) Except as provided in paragraph (f)(3),
no person shall begin physical construction of a new HWM facility without
having submitted Parts A and B of the permit application and having received a
finally effective hazardous waste management permit.
(2) An application for a permit for a new HWM
facility (including both Parts A and B) may be filed any time after
promulgation of those standards in subchapter I et seq. of chapter 11-264
applicable to such facility. The application shall be filed with the director.
Except as provided in paragraph (f)(3) of this section, all applications must
be submitted at least one-hundred and eighty days before physical construction
is expected to commence.
(3)
Notwithstanding paragraph (f)(1) of this section, a person may construct a
facility for the incineration of polychlorinated biphenyls pursuant to an
approval issued by the Administrator under section (6)(e) of the federal Toxic
Substances Control Act and any person owning or operating such a facility may,
at any time after construction or operation of such facility has begun, file an
application for a hazardous waste management permit to incinerate hazardous
waste authorizing such facility to incinerate waste identified or listed under
HRS chapter 342J.
(g)
Updating permit applications.
(1) If any
owner or operator of a HWM facility has filed Part A of a permit application
and has not yet filed Part B, the owner or operator shall file an amended Part
A application:
(i) [Reserved]
(ii) With the director, no later than the
effective date of amendments to provisions in chapter 11-261 listing or
designating wastes as hazardous, if the facility is treating, storing, or
disposing of any of those newly listed or designated wastes; or
(iii) As necessary to comply with provisions
of section 11-270-72 for changes during interim status. Revised Part A
applications necessary to comply with the provisions of section 11-270-72 shall
be filed with the director.
(2) The owner or operator of a facility who
fails to comply with the updating requirements of paragraph (g)(1) of this
section does not receive interim status as to the wastes not covered by duly
filed Part A applications.
(h) Reapplications. Any HWM facility with an
effective permit shall submit a new application at least one-hundred and eighty
days before the expiration date of the effective permit, unless permission for
a later date has been granted by the director. (The director shall not grant
permission for applications to be submitted later than the expiration date of
the existing permit.)
(i)
Recordkeeping. Applicants shall keep records of all data used to complete
permit applications and any supplemental information submitted under subsection
11-270-10(d), sections 11-270-13, and 11-270-14 through 11-270-21 for a period
of at least three years from the date the application is signed.
(j) Exposure information.
(1) Any Part B permit application submitted
by an owner or operator of a facility that stores, treats, or disposes of
hazardous waste in a surface impoundment or a landfill must be accompanied by
information, reasonably ascertainable by the owner or operator, on the
potential for the public to be exposed to hazardous wastes or hazardous
constituents through releases related to the unit. At a minimum, such
information must address:
(i) Reasonably
foreseeable potential releases from both normal operations and accidents at the
unit, including releases associated with transportation to or from the
unit;
(ii) The potential pathways
of human exposure to hazardous wastes or constituents resulting from the
releases described under subparagraph (j) (1) (i); and
(iii) The potential magnitude and nature of
the human exposure resulting from such releases.
(2) Owners and operators of a landfill or a
surface impoundment who have a RCRA permit or have already submitted a Part B
application to EPA must submit the exposure information required in paragraph
(j)(1) to the department, by the effective date of this rule, if they have not
previously submitted this information to EPA.
(k) The director may require a permittee or
an applicant to submit information in order to establish permit conditions
under paragraph 11-270-32(b)(2) and subsection 11-270-50(d).
