Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 280.1 - UNDERGROUND STORAGE TANKS
Subchapter 1 - PROGRAM SCOPE AND INSTALLATION REQUIREMENTS FOR PARTIALLY EXCLUDED UST SYSTEMS
Section 11-280.1-10 - Applicability
Universal Citation: HI Admin Rules 11-280.1-10
Current through February, 2024
(a) The requirements of this chapter apply to all owners and operators of an UST system as defined in section 11-280.1-12 except as otherwise provided in this section.
(1) Airport hydrant fuel distribution
systems, UST systems with field-constructed tanks, and UST systems that store
fuel solely for use by emergency power generators must meet the requirements of
this chapter as follows:
(A) Airport hydrant
fuel distribution systems and UST systems with field-constructed tanks must
meet all applicable requirements of this chapter, except that those installed
before the effective date of these rules must meet the applicable requirements
of subchapters
4,
8,
10, and
12 no later than one year after the
effective date of these rules.
(B)
UST systems that store fuel solely for use by emergency power generators must
meet all applicable requirements of this chapter except that those installed
before August 9, 2013 must meet the applicable requirements of subchapter
4 no
later than one year after the effective date of these rules.
(2) Any UST system listed in
subsection (c) must meet the requirements of section 11-280.1-11.
(b) Exclusions. The following UST systems are excluded from the requirements of this chapter:
(1) Any UST system holding hazardous wastes
listed or identified under chapter
342J, Hawaii Revised Statutes, or
the rules adopted thereunder, or Subtitle C of the Solid Waste Disposal Act, or
a mixture of such hazardous waste and other regulated substances;
(2) Any wastewater treatment tank system that
is part of a wastewater treatment facility regulated under chapter
342D, Hawaii Revised Statutes, or
Section 402 or 307(b) of the Clean Water Act;
(3) Equipment or machinery that contains
regulated substances for operational purposes such as hydraulic lift tanks and
electrical equipment tanks;
(4) Any
UST system whose capacity is one hundred ten gallons or less;
(5) Any UST system that contains a de minimis
concentration of regulated substances; and
(6) Any emergency spill or overflow
containment UST system that is expeditiously emptied after use.
(c) Partial Exclusions. Subchapters 2, 3, 4, 5, 7, 10, and 12 do not apply to:
(1) Wastewater treatment tank systems not
covered under subsection (b)(2);
(2) Aboveground storage tanks associated
with:
(A) Airport hydrant fuel distribution
systems; and
(B) UST systems with
field-constructed tanks;
(3) Any UST systems containing radioactive
material that are regulated under the Atomic Energy Act of 1954 (
42 U.S.C.
2011 and following); and
(4) Any UST system that is part of an
emergency generator system at nuclear power generation facilities licensed by
the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission
requirements regarding design and quality criteria, including but not limited
to 10 C.F.R. part 50.
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