§11-264-601

(9) The potential for damage to domestic animals, wildlife,crops, vegetation, and physical structures caused byexposure to waste constituents;

(b) Prevention of any releases that may have adverseeffects on human health or the environment due to migration ofwaste constituents in surface water, or wetlands or on the soilsurface considering:

(1) The volume and physical and chemical characteristics ofthe waste in the unit;

(2) The effectiveness and reliability of containing,confining, and collecting systems and structures inpreventing migration;

(3) The hydrologic characteristics of the unit and thesurrounding area, including the topography of the landaround the unit;

(4) The patterns of precipitation in the region;(5) The quantity, quality, and direction of ground-water

flow;(6) The proximity of the unit to surface waters;(7) The current and potential uses of nearby surface waters

and any water quality standards established for thosesurface waters;

(8) The existing quality of surface waters and surfacesoils, including other sources of contamination andtheir cumulative impact on surface waters and surfacesoils;

(9) The patterns of land use in the region;(10) The potential for health risks caused by human exposure

to waste constituents; and (11) The potential for damage to domestic animals, wildlife,

crops, vegetation, and physical structures caused byexposure to waste constituents.

(c) Prevention of any release that may have adverse effectson human health or the environment due to migration of wasteconstituents in the air, considering:

(1) The volume and physical and chemical characteristics ofthe waste in the unit, including its potential for theemission and dispersal of gases, aerosols andparticulates;

(2) The effectiveness and reliability of systems andstructures to reduce or prevent emissions of hazardousconstituents to the air;

(3) The operating characteristics of the unit;(4) The atmospheric, meteorologic, and topographic

characteristics of the unit and the surrounding area;(5) The existing quality of the air, including other

sources of contamination and their cumulative impact onthe air;

(6) The potential for health risks caused by human exposureto waste constituents; and

264-255

§11-264-601

(7) The potential for damage to domestic animals, wildlife,crops, vegetation, and physical structures caused byexposure to waste constituents. [Eff 6/18/94; am3/13/99; comp ] (Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.601)

§11-264-602 Monitoring, analysis, inspection, response,reporting, and corrective action. Monitoring, testing, analytical data, inspections, response, andreporting procedures and frequencies must ensure compliance withsections 11-264-601, 11-264-15, 11-264-33, 11-264-75, 11-264-76,11-264-77, and 11-264-101 as well as meet any additionalrequirements needed to protect human health and the environmentas specified in the permit. [Eff 6/18/94; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.602)

§11-264-603 Post-closure care. A miscellaneous unit thatis a disposal unit must be maintained in a manner that complieswith section 11-264-601 during the post-closure care period. Inaddition, if a treatment or storage unit has contaminated soilsor ground water that cannot be completely removed ordecontaminated during closure, then that unit must also meet therequirements of section 11-264-601 during post-closure care. Thepost-closure plan under section 11-264-118 must specify theprocedures that will be used to satisfy this requirement. [Eff6/18/94; comp ](Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.603)

SUBCHAPTERS Y-Z

[RESERVED]

SUBCHAPTER AA

AIR EMISSION STANDARDS FOR PROCESS VENTS

§11-264-1030 Applicability. (a) The rules in thissubchapter apply to owners and operators of facilities thattreat, store, or dispose of hazardous wastes (except as providedin section 11-264-1).

(b) Except for subsections 11-264-1034(d) and (e), thissubchapter applies to process vents associated with distillation,fractionation, thin-film evaporation, solvent extraction, or airor steam stripping operations that manage hazardous wastes with

264-256

§11-264-1031

organic concentrations of at least ten ppmw, if these operationsare conducted in one of the following:

(1) A unit that is subject to the permitting requirementsof chapter 11-270, or

(2) A unit (including a hazardous waste recycling unit)that is not exempt from permitting under the provisionsof section 11-262-34(a) (i.e., a hazardous wasterecycling unit that is not a "90-day" tank orcontainer) and that is located at a hazardous wastemanagement facility otherwise subject to the permittingrequirements of chapter 11-270, or

(3) A unit that is exempt from permitting under theprovisions of section 11-262-34(a) (i.e., a 90-day tankor container) and is not a recycling unit under theprovisions of section 11-261-6.

(c) For the owner and operator of a facility subject tothis subchapter and who received a final permit under RCRAsection 3005 prior to December 6, 1996, the requirements of thissubchapter shall be incorporated into the permit when a Statehazardous waste management permit is issued under section 11-271-15 or the EPA-issued RCRA permit is reissued in accordance withthe requirements of section 11-271-15 or reviewed in accordancewith the requirements of section 11-270-50(d). Until such datewhen the owner and operator receives a final permit incorporatingthe requirements of this subchapter, the owner and operator issubject 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 recyclingunits previously exempt under paragraph 11-261-6(c)(1). Otherexemptions under section 11-261-4 and subsection 11-264-1(g) arenot affected by these requirements.

(e) The requirements of this subchapter do not apply to theprocess vents at a facility where the facility owner or operatorcertifies that all of the process vents that would otherwise besubject to this subchapter are equipped with and operating airemission controls in accordance with the process ventrequirements of an applicable Federal Clean Air Act regulationcodified under 40 CFR part 60, part 61, or part 63. Thedocumentation of compliance under regulations at 40 CFR part 60,part 61, or part 63 shall be kept with, or made readily availablewith, the facility operating record. [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)

§11-264-1031 Definitions. As used in this subchapter, allterms not defined herein shall have the meaning given them in HRSchapter 342J and Hawaii Administrative Rules chapters 11-260through 11-266.

264-257

§11-264-1031

"Air stripping operation" is a desorption operation employedto transfer one or more volatile components from a liquid mixtureinto a gas (air) either with or without the application of heatto the liquid. Packed towers, spray towers, and bubble-cap,sieve, or valve-type plate towers are among the processconfigurations used for contacting the air and a liquid.

"Bottoms receiver" means a container or tank used to receiveand collect the heavier bottoms fractions of the distillationfeed stream that remain in the liquid phase.

"Closed-vent system" means a system that is not open to theatmosphere and that is composed of piping, connections, and, ifnecessary, flow-inducing devices that transport gas or vapor froma piece or pieces of equipment to a control device.

"Condenser" means a heat-transfer device that reduces athermodynamic fluid from its vapor phase to its liquid phase.

"Connector" means flanged, screwed, welded, or other joinedfittings used to connect two pipelines or a pipeline and a pieceof equipment. For the purposes of reporting and recordkeeping,connector means flanged fittings that are not covered byinsulation or other materials that prevent location of thefittings.

"Continuous recorder" means a data-recording devicerecording an instantaneous data value at least once every fifteenminutes.

"Control device" means an enclosed combustion device, vaporrecovery system, or flare. Any device the primary function ofwhich is the recovery or capture of solvents or other organicsfor use, reuse, or sale (e.g., a primary condenser on a solventrecovery unit) is not a control device.

"Control device shutdown" means the cessation of operationof a control device for any purpose.

"Distillate receiver" means a container or tank used toreceive and collect liquid material (condensed) from the overheadcondenser of a distillation unit and from which the condensedliquid is pumped to larger storage tanks or other process units.

"Distillation operation" means an operation, either batch orcontinuous, separating one or more feed stream(s) into two ormore exit streams, each exit stream having componentconcentrations different from those in the feed stream(s). Theseparation is achieved by the redistribution of the componentsbetween the liquid and vapor phase as they approach equilibriumwithin the distillation unit.

"Double block and bleed system" means two block valvesconnected in series with a bleed valve or line that can vent theline between the two block valves.

"Equipment" means each valve, pump, compressor, pressurerelief device, sampling connection system, open-ended valve orline, or flange, and any control devices or systems required bythis subchapter.

264-258

§11-264-1031

"Flame zone" means the portion of the combustion chamber ina boiler occupied by the flame envelope.

"Flow indicator" means a device that indicates whether gasflow is present in a vent stream.

"First attempt at repair" means to take rapid action for thepurpose of stopping or reducing leakage of organic material tothe atmosphere using best practices.

"Fractionation operation" means a distillation operation ormethod used to separate a mixture of several volatile componentsof different boiling points in successive stages, each stageremoving from the mixture some proportion of one of thecomponents.

"Hazardous waste management unit shutdown" means a workpractice or operational procedure that stops operation of ahazardous waste management unit or part of a hazardous wastemanagement unit. An unscheduled work practice or operationalprocedure that stops operation of a hazardous waste managementunit or part of a hazardous waste management unit for less thantwenty-four hours is not a hazardous waste management unitshutdown. The use of spare equipment and technically feasiblebypassing of equipment without stopping operation are nothazardous waste management unit shutdowns.

"Hot well" means a container for collecting condensate as ina steam condenser serving a vacuum-jet or steam-jet ejector.

"In gas/vapor service" means that the piece of equipmentcontains or contacts a hazardous waste stream that is in thegaseous state at operating conditions.

"In heavy liquid service" means that the piece of equipmentis not in gas/vapor service or in light liquid service.

"In light liquid service" means that the piece of equipmentcontains or contacts a waste stream where the vapor pressure ofone or more of the organic components in the stream is greaterthan 0.3 kilopascals (kPa) at twenty degrees Celsius, the totalconcentration of the pure organic components having a vaporpressure greater than 0.3 kilopascals (kPa) at twenty degreesCelsius is equal to or greater than twenty percent by weight, andthe fluid is a liquid at operating conditions.

"In situ sampling systems" means nonextractive samplers orin-line samplers.

"In vacuum service" means that equipment is operating at aninternal pressure that is at least 5 kPa below ambient pressure.

"Malfunction" means any sudden failure of a control deviceor a hazardous waste management unit or failure of a hazardouswaste management unit to operate in a normal or usual manner, sothat organic emissions are increased.

"Open-ended valve or line" means any valve, except pressurerelief valves, having one side of the valve seat in contact withprocess fluid and one side open to the atmosphere, eitherdirectly or through open piping.

264-259

§11-264-1031

"Pressure release" means the emission of materials resultingfrom the system pressure being greater than the set pressure ofthe pressure relief device.

"Process heater" means a device that transfers heatliberated by burning fuel to fluids contained in tubes, includingall fluids except water that are heated to produce steam.

"Process vent" means any open-ended pipe or stack that isvented to the atmosphere either directly, through avacuum-producing system, or through a tank (e.g., distillatereceiver, condenser, bottoms receiver, surge control tank,separator tank, or hot well) associated with hazardous wastedistillation, fractionation, thin-film evaporation, solventextraction, or air or steam stripping operations.

"Repaired" means that equipment is adjusted, or otherwisealtered, to eliminate a leak.

"Sensor" means a device that measures a physical quantity orthe change in a physical quantity, such as temperature, pressure,flow rate, pH, or liquid level.

"Separator tank" means a device used for separation of twoimmiscible liquids.

"Solvent extraction operation" means an operation or methodof separation in which a solid or solution is contacted with aliquid solvent (the two being mutually insoluble) topreferentially dissolve and transfer one or more components intothe solvent.

"Startup" means the setting in operation of a hazardouswaste management unit or control device for any purpose.

"Steam stripping operation" means a distillation operationin which vaporization of the volatile constituents of a liquidmixture takes place by the introduction of steam directly intothe charge.

"Surge control tank" means a large-sized pipe or storagereservoir sufficient to contain the surging liquid discharge ofthe process tank to which it is connected.

"Thin-film evaporation operation" means a distillationoperation that employs a heating surface consisting of a largediameter tube that may be either straight or tapered, horizontalor vertical. Liquid is spread on the tube wall by a rotatingassembly of blades that maintain a close clearance from the wallor actually ride on the film of liquid on the wall.

"Vapor incinerator" means any enclosed combustion devicethat is used for destroying organic compounds and does notextract energy in the form of steam or process heat.

"Vented" means discharged through an opening, typically anopen-ended pipe or stack, allowing the passage of a stream ofliquids, gases, or fumes into the atmosphere. The passage ofliquids, gases, or fumes is caused by mechanical means such ascompressors or vacuum-producing systems or by process-relatedmeans such as evaporation produced by heating and not caused bytank loading and unloading (working losses) or by natural means

264-260

§11-264-1033

such as diurnal temperature changes. [Eff 6/18/94; am 3/13/99;comp ](Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1031)

§11-264-1032 Standards: Process vents. (a) The owner oroperator of a facility with process vents associated withdistillation, fractionation, thin-film evaporation, solventextraction, or air or steam stripping operations managinghazardous wastes with organic concentrations of at least ten ppmwshall either:

(1) Reduce total organic emissions from all affectedprocess vents at the facility below 1.4 kg/h (3 lb/h)and 2.8 Mg/yr (3.1 tons/yr), or

(2) Reduce, by use of a control device, total organicemissions from all affected process vents at thefacility by ninety-five weight percent.

(b) If the owner or operator installs a closed-vent systemand control device to comply with the provisions of subsection(a) the closed-vent system and control device must meet therequirements of section 11-264-1033.

(c) Determinations of vent emissions and emissionreductions or total organic compound concentrations achieved byadd-on control devices may be based on engineering calculationsor performance tests. If performance tests are used to determinevent emissions, emission reductions, or total organic compoundconcentrations achieved by add-on control devices, theperformance tests must conform with the requirements ofsubsection 11-264-1034(c).

(d) When an owner or operator and the director do not agreeon determinations of vent emissions and/or emission reductions ortotal organic compound concentrations achieved by add-on controldevices based on engineering calculations, the procedures insubsection 11-264-1034(c) shall be used to resolve thedisagreement. [Eff 6/18/94; comp ](Auth: HRS§§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1032)

§11-264-1033 Standards: Closed-vent systems and controldevices.

(a)(1) Owners or operators of closed-vent systems and control devices used to comply with provisions of thischapter shall comply with the provisions of thissection.

(2) (i (i) The owner or operator of an existing facility whocannot install a closed-vent system and controldevice to comply with the provisions of thissubchapter on the effective date that the facilitybecomes subject to the provisions of thissubchapter must prepare an implementation schedule

264-261

§11-264-1033

that includes dates by which the closed-ventsystem and control device will be installed and inoperation. The controls must be installed as soonas possible, but the implementation schedule mayallow up to 30 months after the effective datethat the facility becomes subject to thissubchapter for installation and startup.

(ii) Any unit that begins operation after December 21,1990, and is subject to the provisions of thissubchapter when operation begins, must comply withthe rules immediately (i.e., must have controldevices installed and operating on startup of theaffected unit); the 30-month implementationschedule does not apply.

(iii) The owner or operator of any facility in existenceon the effective date of a statutory or regulatoryamendment that renders the facility subject tothis subchapter shall comply with all requirementsof this subchapter as soon as practicable but nolater than 30 months after the amendment'seffective date. When control equipment required bythis subchapter can not be installed and beginoperation by the effective date of the amendment,the facility owner or operator shall prepare animplementation schedule that includes thefollowing information: Specific calendar dates foraward of contracts or issuance of purchase ordersfor the control equipment, initiation of on-siteinstallation of the control equipment, completionof the control equipment installation, andperformance of any testing to demonstrate that theinstalled equipment meets the applicable standardsof this subchapter. The owner or operator shallenter the implementation schedule in the operatingrecord or in a permanent, readily available filelocated at the facility.

(iv) Owners and operators of facilities and units thatbecome newly subject to the requirements of thissubchapter after December 8, 1997, due to anaction other than those described in subparagraph(a)(2)(iii) must comply with all applicablerequirements immediately (i.e., must have controldevices installed and operating on the date thefacility or unit becomes subject to thissubchapter; the 30-month implementation scheduledoes not apply).

(b) A control device involving vapor recovery (e.g., acondenser or adsorber) shall be designed and operated to recoverthe organic vapors vented to it with an efficiency of ninety-fiveweight percent or greater unless the total organic emission

264-262

§11-264-1033

limits of paragraph 11-264-1032(a)(1) for all affected processvents can be attained at an efficiency less than ninety-fiveweight percent.

(c) An enclosed combustion device (e.g., a vaporincinerator, boiler, or process heater) shall be designed andoperated to reduce the organic emissions vented to it by ninety-five weight percent or greater; to achieve a total organiccompound concentration of twenty ppmv, expressed as the sum ofthe actual compounds, not carbon equivalents, on a dry basiscorrected to 3 percent oxygen; or to provide a minimum residencetime of 0.50 seconds at a minimum temperature of seven-hundredand sixty degrees Celsius. If a boiler or process heater is usedas the control device, then the vent stream shall be introducedinto the flame zone of the boiler or process heater.

(d)(1) A flare shall be designed for and operated with novisible emissions as determined by the methodsspecified in paragraph (e)(1), except for periods notto exceed a total of five minutes during any twoconsecutive hours.

(2) A flare shall be operated with a flame present at alltimes, as determined by the methods specified insubparagraph (f)(2)(iii).

(3) A flare shall be used only if the net heating value ofthe gas being combusted is 11.2 MJ/scm (300 Btu/scf) orgreater if the flare is steam-assisted or air-assisted;or if the net heating value of the gas being combustedis 7.45 MJ/scm (200 Btu/scf) or greater if the flare isnonassisted. The net heating value of the gas beingcombusted shall be determined by the methods specifiedin paragraph (e)(2).

(4) (i) A steam-assisted or nonassisted flare shall bedesigned for and operated with an exit velocity,as determined by the methods specified inparagraph (e)(3), less than 18.3 m/s (60 ft/s),except as provided in subparagraphs (d)(4)(ii) and(iii).

(ii) A steam-assisted or nonassisted flare designed forand operated with an exit velocity, as determinedby the methods specified in paragraph (e)(3),equal to or greater than 18.3 m/s (60 ft/s) butless than 122 m/s (400 ft/s) is allowed if the netheating value of the gas being combusted isgreater than 37.3 MJ/scm (1,000 Btu/scf).

(iii) A steam-assisted or nonassisted flare designed forand operated with an exit velocity, as determinedby the methods specified in paragraph (e)(3), lessthan the velocity, Vmax, as determined by themethod specified in paragraph (e)(4) and less than122 m/s (400 ft/s) is allowed.

264-263

§11-264-1033

(5) An air-assisted flare shall be designed and operatedwith an exit velocity less than the velocity, Vmax, asdetermined by the method specified in paragraph (e)(5).

(6) A flare used to comply with this section shall besteam-assisted, air-assisted, or nonassisted.

(e)(1) Reference Method 22 in 40 CFR Part 60 shall be usedto determine the compliance of a flare with the visibleemission provisions of this subchapter. The observationperiod is two hours and shall be used according toMethod 22.

(2) The net heating value of the gas being combusted in aflare shall be calculated using the following equation:

nHT = K [ CiHi ]

i=1

where:

HT=Net heating value of the sample, MJ/scm; wherethe net enthalpy per mole of offgas is based oncombustion at twenty-five degrees Celsius andseven-hundred and sixty mm Hg, but the standardtemperature for determining the volumecorresponding to 1 mol is twenty degrees Celsius;

K=Constant, 1.74X10-7 (1/ppm) (g mol/scm)(MJ/kcal) where standard temperature for (gmol/scm) is twenty degrees Celsius;

Ci=Concentration of sample component i in ppm on awet basis, as measured for organics by ReferenceMethod 18 in 40 CFR part 60 and measured forhydrogen and carbon monoxide by ASTM D 1946-82(incorporated by reference as specified in section11-260-11); and

Hi=Net heat of combustion of sample component i,kcal/9 mol at twenty-five degrees Celsius andseven-hundred and sixty mm Hg. The heats ofcombustion may be determined using ASTM D 2382-83(incorporated by reference as specified in section11-260-11) if published values are not availableor cannot be calculated.

(3) The actual exit velocity of a flare shall be determinedby dividing the volumetric flow rate (in units ofstandard temperature and pressure), as determined byReference Methods 2, 2A, 2C, or 2D in 40 CFR Part 60 as

264-264

§11-264-1033

appropriate, by the unobstructed (free) cross-sectionalarea of the flare tip.

(4) The maximum allowed velocity in m/s, Vmax, for a flarecomplying with subparagraph (d)(4)(iii) shall bedetermined by the following equation:

Log10(Vmax)=(HT+28.8)/31.7

where:

28.8=Constant,

31.7=Constant,

HT=The net heating value as determined inparagraph (e)(2).

(5) The maximum allowed velocity in m/s, Vmax, for anair-assisted flare shall be determined by the followingequation:

Vmax=8.706+0.7084 (HT)

where:

8.706=Constant,

0.7084=Constant,

HT=The net heating value as determined inparagraph (e)(2).

(f) The owner or operator shall monitor and inspect eachcontrol device required to comply with this section to ensureproper operation and maintenance of the control device byimplementing the following requirements:

(1) Install, calibrate, maintain, and operate according tothe manufacturer's specifications a flow indicator thatprovides a record of vent stream flow from eachaffected process vent to the control device at leastonce every hour. The flow indicator sensor shall beinstalled in the vent stream at the nearest feasiblepoint to the control device inlet but before the pointat which the vent streams are combined.

(2) Install, calibrate, maintain, and operate according tothe manufacturer's specifications a device tocontinuously monitor control device operation asspecified below: (i) For a thermal vapor incinerator, a temperature

monitoring device equipped with a continuousrecorder. The device shall have an accuracy of ±1

264-265

§11-264-1033

percent of the temperature being monitored indegrees Celsius or ±0.5 degrees Celsius, whicheveris greater. The temperature sensor shall beinstalled at a location in the combustion chamberdownstream of the combustion zone.

(ii) For a catalytic vapor incinerator, a temperaturemonitoring device equipped with a continuousrecorder. The device shall be capable ofmonitoring temperature at two locations and havean accuracy of ±1 percent of the temperature beingmonitored in degrees Celsius or ±0.5 degreesCelsius, whichever is greater. One temperaturesensor shall be installed in the vent stream atthe nearest feasible point to the catalyst bedinlet and a second temperature sensor shall beinstalled in the vent stream at the nearestfeasible point to the catalyst bed outlet.

(iii) For a flare, a heat sensing monitoring deviceequipped with a continuous recorder that indicatesthe continuous ignition of the pilot flame.

(iv) For a boiler or process heater having a designheat input capacity less than 44 MW, a temperaturemonitoring device equipped with a continuousrecorder. The device shall have an accuracy of ±1percent of the temperature being monitored indegrees Celsius or ±0.5 degrees Celsius, whicheveris greater. The temperature sensor shall beinstalled at a location in the furnace downstreamof the combustion zone.

(v) For a boiler or process heater having a designheat input capacity greater than or equal to 44MW, a monitoring device equipped with a continuousrecorder to measure a parameter(s) that indicatesgood combustion operating practices are beingused.

(vi) For a condenser, either:(A) A monitoring device equipped with a

continuous recorder to measure theconcentration level of the organic compoundsin the exhaust vent stream from thecondenser, or

(B) A temperature monitoring device equipped witha continuous recorder. The device shall becapable of monitoring temperature with anaccuracy of ±1 percent of the temperaturebeing monitored in degrees Celsius or ±0.5degrees Celsius, whichever is greater. Thetemperature sensor shall be installed at alocation in the exhaust vent stream from thecondenser exit (i.e., product side).

264-266

§11-264-1033

(vii) For a carbon adsorption system that regeneratesthe carbon bed directly in the control device suchas a fixed-bed carbon adsorber, either:(A) A monitoring device equipped with a

continuous recorder to measure theconcentration level of the organic compoundsin the exhaust vent stream from the carbonbed, or

(B) A monitoring device equipped with acontinuous recorder to measure a parameterthat indicates the carbon bed is regeneratedon a regular, predetermined time cycle.

(3) Inspect the readings from each monitoring devicerequired by paragraphs (f)(1) and (2) at least onceeach operating day to check control device operationand, if necessary, immediately implement the correctivemeasures necessary to ensure the control deviceoperates in compliance with the requirements of thissection.

(g) An owner or operator using a carbon adsorption systemsuch as a fixed-bed carbon adsorber that regenerates the carbonbed directly onsite in the control device shall replace theexisting carbon in the control device with fresh carbon at aregular, predetermined time interval that is no longer than thecarbon service life established as a requirement of clause 11-264-1035(b)(4)(iii)(F).

(h) An owner or operator using a carbon adsorption systemsuch as a carbon canister that does not regenerate the carbon beddirectly onsite in the control device shall replace the existingcarbon in the control device with fresh carbon on a regular basisby using one of the following procedures:

(1) Monitor the concentration level of the organiccompounds in the exhaust vent stream from the carbonadsorption system on a regular schedule, and replacethe existing carbon with fresh carbon immediately whencarbon breakthrough is indicated. The monitoringfrequency shall be daily or at an interval no greaterthan twenty percent of the time required to consume thetotal carbon working capacity established as arequirement of clause 11-264-1035(b)(4)(iii)(G),whichever is longer.

(2) Replace the existing carbon with fresh carbon at aregular, predetermined time interval that is less thanthe design carbon replacement interval established as arequirement of clause 11-264-1035(b)(4)(iii)(G).

(i) An alternative operational or process parameter may bemonitored if it can be demonstrated that another parameter willensure that the control device is operated in conformance withthese standards and the control device's design specifications.

264-267

§11-264-1033

(j) An owner or operator of an affected facility seeking tocomply with the provisions of this chapter by using a controldevice other than a thermal vapor incinerator, catalytic vaporincinerator, flare, boiler, process heater, condenser, or carbonadsorption system is required to develop documentation includingsufficient information to describe the control device operationand identify the process parameter or parameters that indicateproper operation and maintenance of the control device.

(k) A closed-vent system shall meet either of the followingdesign requirements:

(1) A closed-vent system shall be designed to operate withno detectable emissions, as indicated by an instrumentreading of less than 500 ppmv above background asdetermined by the procedure in section 11-264-1034(b),and by visual inspections; or

(2) A closed-vent system shall be designed to operate at apressure below atmospheric pressure. The system shallbe equipped with at least one pressure gauge or otherpressure measurement device that can be read from areadily accessible location to verify that negativepressure is being maintained in the closed-vent systemwhen the control device is operating.

(l) The owner or operator shall monitor and inspect eachclosed-vent system required to comply with this section to ensureproper operation and maintenance of the closed-vent system byimplementing the following requirements:

(1) Each closed-vent system that is used to comply withparagraph (k)(1) shall be inspected and monitored inaccordance with the following requirements: (i) An initial leak detection monitoring of the

closed-vent system shall be conducted by the owneror operator on or before the date that the systembecomes subject to this section. The owner oroperator shall monitor the closed-vent systemcomponents and connections using the proceduresspecified in section 11-264-1034(b) to demonstratethat the closed-vent system operates with nodetectable emissions, as indicated by aninstrument reading of less than 500 ppmv abovebackground.

(ii) After initial leak detection monitoring requiredin subparagraph (l)(1)(i), the owner or operatorshall inspect and monitor the closed-vent systemas follows:(A) Closed-vent system joints, seams, or other

connections that are permanently or semi-permanently sealed (e.g., a welded jointbetween two sections of hard piping or abolted and gasketed ducting flange) shall bevisually inspected at least once per year to

264-268

§11-264-1033

check for defects that could result in airpollutant emissions. The owner or operatorshall monitor a component or connection usingthe procedures specified in section 11-264-1034(b) to demonstrate that it operates withno detectable emissions following any timethe component is repaired or replaced (e.g.,a section of damaged hard piping is replacedwith new hard piping) or the connection isunsealed (e.g., a flange is unbolted).

(B) Closed-vent system components or connectionsother than those specified in clause(l)(1)(ii)(A) shall be monitored annually andat other times as requested by the director,except as provided for in subsection (o),using the procedures specified in section 11-264-1034(b) to demonstrate that thecomponents or connections operate with nodetectable emissions.

(iii) In the event that a defect or leak is detected,the owner or operator shall repair the defect orleak in accordance with the requirements ofparagraph (l)(3).

(iv) The owner or operator shall maintain a record ofthe inspection and monitoring in accordance withthe requirements specified in section 11-264-1035.

(2) Each closed-vent system that is used to comply withparagraph (k)(2) shall be inspected and monitored in accordance with the following requirements:( (i) The closed-vent system shall be visually inspected

by the owner or operator to check for defects thatcould result in air pollutant emissions. Defectsinclude, but are not limited to, visible cracks,holes, or gaps in ductwork or piping or looseconnections.

(ii) The owner or operator shall perform an initialinspection of the closed-vent system on or beforethe date that the system becomes subject to thissection. Thereafter, the owner or operator shallperform the inspections at least once every year.

(iii) In the event that a defect or leak is detected,the owner or operator shall repair the defect inaccordance with the requirements of paragraph(l)(3).

(iv) The owner or operator shall maintain a record ofthe inspection and monitoring in accordance withthe requirements specified in section 11-264-1035.

(3) The owner or operator shall repair all detected defectsas follows:

264-269

§11-264-1033

(i) Detectable emissions, as indicated by visualinspection, or by an instrument reading greaterthan 500 ppmv above background, shall becontrolled as soon as practicable, but not laterthan 15 calendar days after the emission isdetected, except as provided for in subparagraph(l)(3)(iii).

(ii) A first attempt at repair shall be made no laterthan 5 calendar days after the emission isdetected.

(iii) Delay of repair of a closed-vent system for whichleaks have been detected is allowed if the repairis technically infeasible without a process unitshutdown, or if the owner or operator determinesthat emissions resulting from immediate repairwould be greater than the fugitive emissionslikely to result from delay of repair. Repair ofsuch equipment shall be completed by the end ofthe next process unit shutdown.

(iv) The owner or operator shall maintain a record ofthe defect repair in accordance with therequirements specified in section 11-264-1035.

(m) Closed-vent systems and control devices used to complywith provisions of this subchapter shall be operated at all timeswhen emissions may be vented to them.

(n) The owner or operator using a carbon adsorption systemto control air pollutant emissions shall document that all carbonthat is a hazardous waste and that is removed from the controldevice is managed in one of the following manners, regardless ofthe average volatile organic concentration of the carbon:

(1) Regenerated or reactivated in a thermal treatment unitthat meets one of the following: (i) The owner or operator of the unit has been issued

either a final permit under 40 CFR part 270 whichimplements the requirements of 40 CFR part 264,subpart X or a State hazardous waste permit undersection 11-271-15 which implements therequirements of subchapter X; or

(ii) The unit is equipped with and operating airemission controls in accordance with theapplicable requirements of subchapters AA and CCof either this chapter or of chapter 11-265; or

(iii) The unit is equipped with and operating airemission controls in accordance with a nationalemission standard for hazardous air pollutantsunder 40 CFR part 61 or 40 CFR part 63.

(2) Incinerated in a hazardous waste incinerator for whichthe owner or operator either: (i) Has been issued either a final permit under 40 CFR

part 270 which implements the requirements of 40

264-270

§11-264-1034

CFR part 264, subpart O or a State hazardous wastepermit under section 11-271-15 which implementsthe requirements of subchapter O; or

(ii) Has designed and operates the incinerator inaccordance with the interim status requirements ofchapter 11-265, subchapter O.

(3) Burned in a boiler or industrial furnace for which theowner or operator either: (i) Has been issued either a final permit under 40 CFR

part 270 which implements the requirements of 40CFR part 266, subpart H or a State hazardous wastepermit under section 11-271-15 which implementsthe requirements of chapter 11-266, subchapter H;or

(ii) Has designed and operates the boiler or industrialfurnace in accordance with the interim statusrequirements of chapter 11-266, subchapter H.

(o) Any components of a closed-vent system that aredesignated, as described in section 11-264-1035(c)(9), as unsafeto monitor are exempt from the requirements of clause(l)(1)(ii)(B) if:

(1) The owner or operator of the closed-vent systemdetermines that the components of the closed-ventsystem are unsafe to monitor because monitoringpersonnel would be exposed to an immediate danger as aconsequence of complying with clause (l)(1)(ii)(B); and

(2) The owner or operator of the closed-vent system adheresto a written plan that requires monitoring the closed-vent system components using the procedure specified inclause (l)(1)(ii)(B) as frequently as practicableduring safe-to-monitor times. [Eff 6/18/94; am3/13/99; comp ](Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1033)

§11-264-1034 Test methods and procedures. (a) Each owneror operator subject to the provisions of this subchapter shallcomply with the test methods and procedures requirements providedin this section.

(b) When a closed-vent system is tested for compliance withno detectable emissions, as required in subsection 11-264-1033(l), the test shall comply with the following requirements:

(1) Monitoring shall comply with Reference Method 21 in 40CFR Part 60.

(2) The detection instrument shall meet the performancecriteria of Reference Method 21.

(3) The instrument shall be calibrated before use on eachday of its use by the procedures specified in ReferenceMethod 21.

(4) Calibration gases shall be:

264-271

§11-264-1034

(i) Zero air (less than ten ppm of hydrocarbon inair).

(ii) A mixture of methane or n-hexane and air at aconcentration of approximately, but less than, tenthousand ppm methane or n-hexane.

(5) The background level shall be determined as set forthin Reference Method 21.

(6) The instrument probe shall be traversed around allpotential leak interfaces as close to the interface aspossible as described in Reference Method 21.

(7) The arithmetic difference between the maximumconcentration indicated by the instrument and thebackground level is compared with five-hundred ppm fordetermining compliance.

(c) Performance tests to determine compliance withsubsection 11-264-1032(a) and with the total organic compoundconcentration limit of subsection 11-264-1033(c) shall complywith the following:

(1) Performance tests to determine total organic compoundconcentrations and mass flow rates entering and exitingcontrol devices shall be conducted and data reduced inaccordance with the following reference methods andcalculation procedures:(i) Method 2 in 40 CFR Part 60 for velocity and

volumetric flow rate.(ii) Method 18 in 40 CFR Part 60 for organic content.

(iii) Each performance test shall consist of threeseparate runs; each run conducted for at least 1hour under the conditions that exist when thehazardous waste management unit is operating atthe highest load or capacity level reasonablyexpected to occur. For the purpose of determiningtotal organic compound concentrations and massflow rates, the average of results of all runsshall apply. The average shall be computed on atime-weighted basis.

(iv) Total organic mass flow rates shall be determinedby the following equation:

nEh = Q2sd { CiMWi } [0.0416] [10

-6]i=1

where:

Eh=Total organic mass flow rate, kg/h;

Qsd=Volumetric flow rate of gases entering orexiting control device, as determined byMethod 2, dscm/h;

264-272

§11-264-1034

n=Number of organic compounds in the ventgas;

Ci=Organic concentration in ppm, dry basis,of compound i in the vent gas, as determinedby Method 18;

MWi=Molecular weight of organic compound i inthe vent gas, kg/kg-mol;

0.0416=Conversion factor for molar volume,kg-mol/m3 (@ 293 K and 760 mm Hg);

10-6=Conversion from ppm, ppm-1.

(v) The annual total organic emission rate shall bedetermined by the following equation:

EA=(Eh)(H)

where:

EA=Total organic mass emission rate, kg/y;

Eh=Total organic mass flow rate for theprocess vent, kg/h;

H=Total annual hours of operations for theaffected unit, h.

(vi) Total organic emissions from all affected processvents at the facility shall be determined bysumming the hourly total organic mass emissionrates (Eh as determined in subparagraph(c)(1)(iv)) and by summing the annual totalorganic mass emission rates (EA, as determined insubparagraph (c)(1)(v)) for all affected processvents at the facility.

(2) The owner or operator shall record such processinformation as may be necessary to determine theconditions of the performance tests. Operations duringperiods of startup, shutdown, and malfunction shall notconstitute representative conditions for the purpose ofa performance test.

(3) The owner or operator of an affected facility shallprovide, or cause to be provided, performance testingfacilities as follows: (i) Sampling ports adequate for the test methods

specified in paragraph (c)(1).(ii) Safe sampling platform(s).

264-273

§11-264-1034

(iii) Safe access to sampling platform(s).(iv) Utilities for sampling and testing equipment.

(4) For the purpose of making compliance determinations,the time-weighted average of the results of the threeruns shall apply. In the event that a sample isaccidentally lost or conditions occur in which one ofthe three runs must be discontinued because of forcedshutdown, failure of an irreplaceable portion of thesample train, extreme meteorological conditions, orother circumstances beyond the owner or operator'scontrol, compliance may, upon the director's approval,be determined using the average of the results of thetwo other runs.

(d) To show that a process vent associated with a hazardouswaste distillation, fractionation, thin-film evaporation, solventextraction, or air or steam stripping operation is not subject tothe requirements of this subchapter, the owner or operator mustmake an initial determination that the time-weighted, annualaverage total organic concentration of the waste managed by thewaste management unit is less than ten ppmw using one of thefollowing two methods:

(1) Direct measurement of the organic concentration of thewaste using the following procedures: (i) The owner or operator must take a minimum of four

grab samples of waste for each waste streammanaged in the affected unit under processconditions expected to cause the maximum wasteorganic concentration.

(ii) For waste generated onsite, the grab samples mustbe collected at a point before the waste isexposed to the atmosphere such as in an enclosedpipe or other closed system that is used totransfer the waste after generation to the firstaffected distillation, fractionation, thin-filmevaporation, solvent extraction, or air or steamstripping operation. For waste generated offsite,the grab samples must be collected at the inlet tothe first waste management unit that receives thewaste provided the waste has been transferred tothe facility in a closed system such as a tanktruck and the waste is not diluted or mixed withother waste.

(iii) Each sample shall be analyzed and the totalorganic concentration of the sample shall becomputed using Method 9060 or 8260 of SW-846(incorporated by reference under section 11-260-11).

(iv) The arithmetic mean of the results of the analysesof the four samples shall apply for each wastestream managed in the unit in determining the

264-274

§11-264-1034

time-weighted, annual average total organicconcentration of the waste. The time-weightedaverage is to be calculated using the annualquantity of each waste stream processed and themean organic concentration of each waste streammanaged in the unit.

(2) Using knowledge of the waste to determine that itstotal organic concentration is less than ten ppmw.Documentation of the waste determination is required.Examples of documentation that shall be used to supporta determination under this provision include productionprocess information documenting that no organiccompounds are used, information that the waste isgenerated by a process that is identical to a processat the same or another facility that has previouslybeen demonstrated by direct measurement to generate awaste stream having a total organic content less thanten ppmw, or prior speciation analysis results on thesame waste stream where it can also be documented thatno process changes have occurred since that analysisthat could affect the waste total organicconcentration.

(e) The determination that distillation, fractionation,thin-film evaporation, solvent extraction, or air or steamstripping operations manage hazardous wastes with time-weighted,annual average total organic concentrations less than ten ppmwshall be made as follows:

(1) By the effective date that the facility becomes subjectto the provisions of this subchapter or by the datewhen the waste is first managed in a waste managementunit, whichever is later, and

(2) For continuously generated waste, annually, or(3) Whenever there is a change in the waste being managed

or a change in the process that generates or treats thewaste.

(f) When an owner or operator and the director do not agreeon whether a distillation, fractionation, thin-film evaporation,solvent extraction, or air or steam stripping operation manages ahazardous waste with organic concentrations of at least ten ppmwbased on knowledge of the waste, the procedures in Method 8260 ofSW-846 (incorporated by reference under section 11-260-11) may beused to resolve the dispute. [Eff 6/18/94; am 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1034)

§11-264-1035 Recordkeeping requirements. (a)(1) Each owner or operator subject to the provisions of

this subchapter shall comply with the recordkeepingrequirements of this section.

264-275

§11-264-1034

(2) An owner or operator of more than one hazardous wastemanagement unit subject to the provisions of thissubchapter may comply with the recordkeepingrequirements for these hazardous waste management unitsin one recordkeeping system if the system identifieseach record by each hazardous waste management unit.

(b) Owners and operators must record the followinginformation in the facility operating record:

(1) For facilities that comply with the provisions ofparagraph 11-264-1033(a)(2), an implementation schedulethat includes dates by which the closed-vent system andcontrol device will be installed and in operation. Theschedule must also include a rationale of why theinstallation cannot be completed at an earlier date.The implementation schedule must be in the facilityoperating record by the effective date that thefacility becomes subject to the provisions of thissubchapter.

(2) Up-to-date documentation of compliance with the processvent standards in section 11-264-1032, including: (i) Information and data identifying all affected

process vents, annual throughput and operatinghours of each affected unit, estimated emissionrates for each affected vent and for the overallfacility (i.e., the total emissions for allaffected vents at the facility), and theapproximate location within the facility of eachaffected unit (e.g., identify the hazardous wastemanagement units on a facility plot plan).

(ii) Information and data supporting determinations ofvent emissions and emission reductions achieved byadd-on control devices based on engineeringcalculations or source tests. For the purpose ofdetermining compliance, determinations of ventemissions and emission reductions must be madeusing operating parameter values (e.g.,temperatures, flow rates, or vent stream organiccompounds and concentrations) that represent theconditions that result in maximum organicemissions, such as when the waste management unitis operating at the highest load or capacity levelreasonably expected to occur. If the owner oroperator takes any action (e.g., managing a wasteof different composition or increasing operatinghours of affected waste management units) thatwould result in an increase in total organicemissions from affected process vents at thefacility, then a new determination is required.

(3) Where an owner or operator chooses to use test data todetermine the organic removal efficiency or total

264-276

§11-264-1035

organic compound concentration achieved by the controldevice, a performance test plan. The test plan mustinclude: (i) A description of how it is determined that the

planned test is going to be conducted when thehazardous waste management unit is operating atthe highest load or capacity level reasonablyexpected to occur. This shall include theestimated or design flow rate and organic contentof each vent stream and define the acceptableoperating ranges of key process and control deviceparameters during the test program.

(ii) A detailed engineering description of theclosed-vent system and control device including:(A) Manufacturer's name and model number of

control device.(B) Type of control device.(C) Dimensions of the control device.(D) Capacity.(E) Construction materials.

(iii) A detailed description of sampling and monitoringprocedures, including sampling and monitoringlocations in the system, the equipment to be used,sampling and monitoring frequency, and plannedanalytical procedures for sample analysis.

(4) Documentation of compliance with section 11-264-1033shall include the following information: (i) A list of all information references and sources

used in preparing the documentation.(ii) Records, including the dates, of each compliance

test required by subsection 11-264-1033(k). (iii) If engineering calculations are used, a design

analysis, specifications, drawings, schematics,and piping and instrumentation diagrams based onthe appropriate sections of ``APTI Course 415:Control of Gaseous Emissions'' (incorporated byreference as specified in section 11-260-11) orother engineering texts acceptable to the directorthat present basic control device designinformation. Documentation provided by the controldevice manufacturer or vendor that describes thecontrol device design in accordance with clauses(b)(4)(iii)(A) through (b)(4)(iii)(G) may be usedto comply with this requirement. The designanalysis shall address the vent streamcharacteristics and control device operationparameters as specified below.(A) For a thermal vapor incinerator, the design

analysis shall consider the vent streamcomposition, constituent concentrations, and

264-277

§11-264-1035

flow rate. The design analysis shall alsoestablish the design minimum and averagetemperature in the combustion zone and thecombustion zone residence time.

(B) For a catalytic vapor incinerator, the designanalysis shall consider the vent streamcomposition, constituent concentrations, andflow rate. The design analysis shall alsoestablish the design minimum and averagetemperatures across the catalyst bed inletand outlet.

(C) For a boiler or process heater, the designanalysis shall consider the vent streamcomposition, constituent concentrations, andflow rate. The design analysis shall alsoestablish the design minimum and averageflame zone temperatures, combustion zoneresidence time, and description of method andlocation where the vent stream is introducedinto the combustion zone.

(D) For a flare, the design analysis shallconsider the vent stream composition,constituent concentrations, and flow rate.The design analysis shall also consider therequirements specified in subsection 11-264-1033(d).

(E) For a condenser, the design analysis shallconsider the vent stream composition,constituent concentrations, flow rate,relative humidity, and temperature. Thedesign analysis shall also establish thedesign outlet organic compound concentrationlevel, design average temperature of thecondenser exhaust vent stream, and designaverage temperatures of the coolant fluid atthe condenser inlet and outlet.

(F) For a carbon adsorption system such as afixed-bed adsorber that regenerates thecarbon bed directly onsite in the controldevice, the design analysis shall considerthe vent stream composition, constituentconcentrations, flow rate, relative humidity,and temperature. The design analysis shallalso establish the design exhaust vent streamorganic compound concentration level, numberand capacity of carbon beds, type and workingcapacity of activated carbon used for carbonbeds, design total steam flow over the periodof each complete carbon bed regenerationcycle, duration of the carbon bed steaming

264-278

§11-264-1035

and cooling/drying cycles, design carbon bedtemperature after regeneration, design carbonbed regeneration time, and design servicelife of carbon.

(G) For a carbon adsorption system such as acarbon canister that does not regenerate thecarbon bed directly onsite in the controldevice, the design analysis shall considerthe vent stream composition, constituentconcentrations, flow rate, relative humidity,and temperature. The design analysis shallalso establish the design outlet organicconcentration level, capacity of carbon bed,type and working capacity of activated carbonused for carbon bed, and design carbonreplacement interval based on the totalcarbon working capacity of the control deviceand source operating schedule.

(iv) A statement signed and dated by the owner oroperator certifying that the operating parametersused in the design analysis reasonably representthe conditions that exist when the hazardous wastemanagement unit is or would be operating at thehighest load or capacity level reasonably expectedto occur.

(v) A statement signed and dated by the owner oroperator certifying that the control device isdesigned to operate at an efficiency of ninety-five percent or greater unless the total organicconcentration limit of subsection 11-264-1032(a)is achieved at an efficiency less than ninety-fiveweight percent or the total organic emissionlimits of subsection 11-264-1032(a) for affectedprocess vents at the facility can be attained by acontrol device involving vapor recovery at anefficiency less than ninety-five weight percent. Astatement provided by the control devicemanufacturer or vendor certifying that the controlequipment meets the design specifications may beused to comply with this requirement.

(vi) If performance tests are used to demonstratecompliance, all test results.

(c) Design documentation and monitoring, operating, andinspection information for each closed-vent system and controldevice required to comply with the provisions of this chaptershall be recorded and kept up-to-date in the facility operatingrecord. The information shall include:

(1) Description and date of each modification that is madeto the closed-vent system or control device design.

264-279

§11-264-1035

(2) Identification of operating parameter, description ofmonitoring device, and diagram of monitoring sensorlocation or locations used to comply with paragraphs11-264-1033(f)(1) and (f)(2).

(3) Monitoring, operating, and inspection informationrequired by subsections 11-264-1033(f) through (k).

(4) Date, time, and duration of each period that occurswhile the control device is operating when anymonitored parameter exceeds the value established inthe control device design analysis as specified below: (i) For a thermal vapor incinerator designed to

operate with a minimum residence time of 0.50second at a minimum temperature of seven-hundredand sixty degrees Celsius period when thecombustion temperature is below seven-hundred andsixty degrees Celsius.

(ii) For a thermal vapor incinerator designed tooperate with an organic emission reductionefficiency of ninety-five weight percent orgreater period when the combustion zonetemperature is more than twenty-eight degreesCelsius below the design average combustion zonetemperature established as a requirement of clause(b)(4)(iii)(A).

(iii) For a catalytic vapor incinerator, period when:(A) Temperature of the vent stream at the

catalyst bed inlet is more than twenty-eightdegrees Celsius below the average temperatureof the inlet vent stream established as arequirement of clause (b)(4)(iii)(B), or

(B) Temperature difference across the catalystbed is less than eighty percent of the designaverage temperature difference established asa requirement of clause (b)(4)(iii)(B).

(iv) For a boiler or process heater, period when:(A) Flame zone temperature is more than twenty-

eight degrees Celsius below the designaverage flame zone temperature established asa requirement of clause (b)(4)(iii)(C), or

(B) Position changes where the vent stream isintroduced to the combustion zone from thelocation established as a requirement ofclause (b)(4)(iii)(C).

(v) For a flare, period when the pilot flame is notignited.

(vi) For a condenser that complies with clause 11-264-1033(f)(2)(vi)(A), period when the organiccompound concentration level or readings oforganic compounds in the exhaust vent stream fromthe condenser are more than twenty percent greater

264-280

§11-264-1035

than the design outlet organic compoundconcentration level established as a requirementof clause (b)(4)(iii)(E).

(vii) For a condenser that complies with clause 11-264-1033(f)(2)(vi)(B), period when:(A) Temperature of the exhaust vent stream from

the condenser is more than six degreesCelsius above the design average exhaust ventstream temperature established as arequirement of clause (b)(4)(iii)(E); or

(B) Temperature of the coolant fluid exiting thecondenser is more than six degrees Celsiusabove the design average coolant fluidtemperature at the condenser outletestablished as a requirement of clause(b)(4)(iii)(E).

(viii) For a carbon adsorption system such as a fixed-bedcarbon adsorber that regenerates the carbon beddirectly onsite in the control device and complieswith clause 11-264-1033(f)(2)(vii)(A), period whenthe organic compound concentration level orreadings of organic compounds in the exhaust ventstream from the carbon bed are more than twentypercent greater than the design exhaust ventstream organic compound concentration levelestablished as a requirement of clause(b)(4)(iii)(F).

(ix) For a carbon adsorption system such as a fixed-bedcarbon adsorber that regenerates the carbon beddirectly onsite in the control device and complieswith clause 11-264-1033(f)(2)(vii)(B), period whenthe vent stream continues to flow through thecontrol device beyond the predetermined carbon bedregeneration time established as a requirement ofclause (b)(4)(iii)(F).

(5) Explanation for each period recorded under paragraph(4) of the cause for control device operating parameterexceeding the design value and the measures implementedto correct the control device operation.

(6) For a carbon adsorption system operated subject torequirements specified in subsection 11-264-1033(g) orparagraph 11-264-1033(h)(2), date when existing carbonin the control device is replaced with fresh carbon.

(7) For a carbon adsorption system operated subject torequirements specified in paragraph 11-264-1033(h)(1),a log that records: (i) Date and time when control device is monitored for

carbon breakthrough and the monitoring devicereading.

264-281

§11-264-1035

(ii) Date when existing carbon in the control device isreplaced with fresh carbon.

(8) Date of each control device startup and shutdown.(9) An owner or operator designating any components of a

closed-vent system as unsafe to monitor pursuant tosection 11-264-1033(o) shall record in a log that iskept in the facility operating record theidentification of closed-vent system components thatare designated as unsafe to monitor in accordance withthe requirements of section 11-264-1033(o), anexplanation for each closed-vent system componentstating why the closed-vent system component is unsafeto monitor, and the plan for monitoring each closed-vent system component.

(10) When each leak is detected as specified in section 11-264-1033(l), the following information shall berecorded: (i) The instrument identification number, the closed-

vent system component identification number, andthe operator name, initials, or identificationnumber.

(ii) The date the leak was detected and the date offirst attempt to repair the leak.

(iii) The date of successful repair of the leak.(iv) Maximum instrument reading measured by Method 21

of 40 CFR part 60, appendix A after it issuccessfully repaired or determined to benonrepairable.

(v) "Repair delayed" and the reason for the delay if aleak is not repaired within 15 calendar days afterdiscovery of the leak.(A) The owner or operator may develop a written

procedure that identifies the conditions thatjustify a delay of repair. In such cases,reasons for delay of repair may be documentedby citing the relevant sections of thewritten procedure.

(B) If delay of repair was caused by depletion ofstocked parts, there must be documentationthat the spare parts were sufficientlystocked on-site before depletion and thereason for depletion.

(d) Records of the monitoring, operating, and inspectioninformation required by paragraphs (c)(3) through (c)(10) shallbe maintained by the owner or operator for at least 3 yearsfollowing the date of each occurrence, measurement, maintenance,corrective action, or record.

(e) For a control device other than a thermal vaporincinerator, catalytic vapor incinerator, flare, boiler, process

264-282

§11-264-1049

heater, condenser, or carbon adsorption system, the director willspecify the appropriate recordkeeping requirements.

(f) Up-to-date information and data used to determinewhether or not a process vent is subject to the requirements insection 11-264-1032 including supporting documentation asrequired by paragraph 11-264-1034(d)(2) when application of theknowledge of the nature of the hazardous waste stream or theprocess by which it was produced is used, shall be recorded in alog that is kept in the facility operating record. [Eff 6/18/94;am 3/13/99; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1035)

§11-264-1036 Reporting requirements. (a) A semiannualreport shall be submitted by owners and operators subject to therequirements of this subchapter to the director by datesspecified by the director. The report shall include the followinginformation:

(1) The EPA identification number, name, and address of thefacility.

(2) For each month during the semiannual reporting period,dates when the control device exceeded or operatedoutside of the design specifications as defined inparagraph 11-264-1035(c)(4) and as indicated by thecontrol device monitoring required by subsection 11-264-1033(f) and such exceedances were not correctedwithin twenty-four hours, or that a flare operated withvisible emissions as defined in subsection 11-264-1033(d) and as determined by Method 22 monitoring, theduration and cause of each exceedance or visibleemissions, and any corrective measures taken.

(b) If, during the semiannual reporting period, the controldevice does not exceed or operate outside of the designspecifications as defined in paragraph 11-264-1035(c)(4) for morethan twenty-four hours or a flare does not operate with visibleemissions as defined in subsection 11-264-1033(d), a report tothe director is not required. [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.1036)

§11-264-1037 -- §11-264-1049 [Reserved]

SUBCHAPTER BB

AIR EMISSION STANDARDS FOR EQUIPMENT LEAKS

§11-264-1050 Applicability. (a) The rules in thissubchapter apply to owners and operators of facilities that

264-283

§11-264-1050

treat, store, or dispose of hazardous wastes (except as providedin section 11-264-1).

(b) Except as provided in subsection 11-264-1064(k), thissubchapter applies to equipment that contains or contactshazardous wastes with organic concentrations of at least tenpercent by weight that are managed in one of the following:

(1) A unit that is subject to the permitting requirementsof chapter 11-270, or

(2) A unit (including a hazardous waste recycling unit)that is not exempt from permitting under the provisionsof section 11-262-34(a) (i.e., a hazardous wasterecycling unit that is not a "90-day" tank orcontainer) and that is located at a hazardous wastemanagement facility otherwise subject to the permittingrequirements of chapter 11-270, or

(3) A unit that is exempt from permitting under theprovisions of section 11-262-34(a) (i.e., a "90-day"tank or container) and is not a recycling unit underthe provision of section 11-261-6.

(c) For the owner or operator of a facility subject to thissubchapter and who received a final permit under RCRA section3005 prior to December 6, 1996, the requirements of thissubchapter shall be incorporated into the permit when a Statehazardous waste management permit is issued under section 11-271-15 or the EPA-issued RCRA permit is reissued in accordance withthe requirements of section 11-271-15 or reviewed in accordancewith the requirements of section 11-270-50(d). Until such datewhen the owner or operator receives a final permit incorporatingthe requirements of this subchapter, the owner or operator issubject to the requirements of 40 CFR part 265, subchapter BB.

(d) Each piece of equipment to which this subchapterapplies shall be marked in such a manner that it can bedistinguished readily from other pieces of equipment.

(e) Equipment that is in vacuum service is excluded fromthe requirements of section 11-264-1052 to section 11-264-1060 ifit is identified as required in paragraph 11-264-1064(g)(5).

(f) Equipment that contains or contacts hazardous wastewith an organic concentration of at least 10 percent by weightfor less than 300 hours per calendar year is excluded from therequirements of sections 11-264-1052 through 11-264-1060 if it isidentified, as required in section 11-264-1064(g)(6). [Eff6/18/94; am 3/13/99; comp ](Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1050)

§11-264-1051 Definitions. As used in this subchapter, allterms shall have the meaning given them in section 11-264-1031,HRS chapter 342J, and chapters 11-260 through 11-266. [Eff6/18/94; comp ](Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1051)

264-284

§11-264-1052

§11-264-1052 Standards: Pumps in light liquid service. (a)(1) Each pump in light liquid service shall be monitored

monthly to detect leaks by the methods specified insubsection 11-264-1063(b), except as provided insubsections (d), (e), and (f).

(2) Each pump in light liquid service shall be checked byvisual inspection each calendar week for indications ofliquids dripping from the pump seal.

(b)(1) If an instrument reading of ten-thousand ppm orgreater is measured, a leak is detected.

(2) If there are indications of liquids dripping from thepump seal, a leak is detected.

(c)(1) When a leak is detected, it shall be repaired as soonas practicable, but not later than fifteen calendardays after it is detected, except as provided insection 11-264-1059.

(2) A first attempt at repair (e.g., tightening the packinggland) shall be made no later than five calendar daysafter each leak is detected.

(d) Each pump equipped with a dual mechanical seal systemthat includes a barrier fluid system is exempt from therequirements of subsection (a), provided the followingrequirements are met:

(1) Each dual mechanical seal system must be: (i) Operated with the barrier fluid at a pressure that

is at all times greater than the pump stuffing boxpressure, or

(ii) Equipped with a barrier fluid degassing reservoirthat is connected by a closed-vent system to acontrol device that complies with the requirementsof section 11-264-1060, or

(iii) Equipped with a system that purges the barrierfluid into a hazardous waste stream with nodetectable emissions to the atmosphere.

(2) The barrier fluid system must not be a hazardous wastewith organic concentrations ten percent or greater byweight.

(3) Each barrier fluid system must be equipped with asensor that will detect failure of the seal system, thebarrier fluid system, or both.

(4) Each pump must be checked by visual inspection, eachcalendar week, for indications of liquids dripping fromthe pump seals.

(5) (i) Each sensor as described in paragraph (d)(3) must be checked daily or be equipped with an audiblealarm that must be checked monthly to ensure thatit is functioning properly.

(ii) The owner or operator must determine, based ondesign considerations and operating experience, a

264-285

§11-264-1052

criterion that indicates failure of the sealsystem, the barrier fluid system, or both.

(6) (i) If there are indications of liquids dripping fromthe pump seal or the sensor indicates failure ofthe seal system, the barrier fluid system, or bothbased on the criterion determined in subparagraph(d)(5)(ii), a leak is detected.

(ii) When a leak is detected, it shall be repaired assoon as practicable, but not later than fifteencalendar days after it is detected, except asprovided in section 11-264-1059.

(iii) A first attempt at repair (e.g., relapping theseal) shall be made no later than five calendardays after each leak is detected.

(e) Any pump that is designated, as described in paragraph11-264-1064(g)(2), for no detectable emissions, as indicated byan instrument reading of less than five-hundred ppm abovebackground, is exempt from the requirements of subsections (a),(c), and (d) if the pump meets the following requirements:

(1) Must have no externally actuated shaft penetrating thepump housing.

(2) Must operate with no detectable emissions as indicatedby an instrument reading of less than five-hundred ppmabove background as measured by the methods specifiedin subsection 11-264-1063(c).

(3) Must be tested for compliance with paragraph (e)(2)initially upon designation, annually, and at othertimes as requested by the director.

(f) If any pump is equipped with a closed-vent systemcapable of capturing and transporting any leakage from the sealor seals to a control device that complies with the requirementsof section 11-264-1060, it is exempt from the requirements ofsubsections (a) through (e). [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.1052)

§11-264-1053 Standards: Compressors. (a) Each compressorshall be equipped with a seal system that includes a barrierfluid system and that prevents leakage of total organic emissionsto the atmosphere, except as provided in subsections (h) and (i).

(b) Each compressor seal system as required in subsection(a) shall be:

(1) Operated with the barrier fluid at a pressure that isat all times greater than the compressor stuffing boxpressure, or

(2) Equipped with a barrier fluid system that is connectedby a closed-vent system to a control device thatcomplies with the requirements of section 11-264-1060,or

264-286

§11-264-1053

(3) Equipped with a system that purges the barrier fluidinto a hazardous waste stream with no detectableemissions to atmosphere.

(c) The barrier fluid must not be a hazardous waste withorganic concentrations ten percent or greater by weight.

(d) Each barrier fluid system as described in subsections(a) through (c) shall be equipped with a sensor that will detectfailure of the seal system, barrier fluid system, or both.

(e)(1) Each sensor as required in subsection (d) shall bechecked daily or shall be equipped with an audiblealarm that must be checked monthly to ensure that it isfunctioning properly unless the compressor is locatedwithin the boundary of an unmanned plant site, in whichcase the sensor must be checked daily.

(2) The owner or operator shall determine, based on designconsiderations and operating experience, a criterionthat indicates failure of the seal system, the barrierfluid system, or both.

(f) If the sensor indicates failure of the seal system, thebarrier fluid system, or both based on the criterion determinedunder paragraph (e)(2), a leak is detected.

(g)(1) When a leak is detected, it shall be repaired as soonas practicable, but not later than fifteen calendardays after it is detected, except as provided insection 11-264-1059.

(2) A first attempt at repair (e.g., tightening the packinggland) shall be made no later than 5 calendar daysafter each leak is detected.

(h) A compressor is exempt from the requirements ofsubsections (a) and (b) if it is equipped with a closed-ventsystem capable of capturing and transporting any leakage from theseal to a control device that complies with the requirements ofsection 11-264-1060, except as provided in subsection (i).

(i) Any compressor that is designated, as described inparagraph 11-264-1064(g)(2), for no detectable emissions asindicated by an instrument reading of less than five-hundred ppmabove background is exempt from the requirements of subsections(a) through (h) if the compressor:

(1) Is determined to be operating with no detectableemissions, as indicated by an instrument reading ofless than five-hundred ppm above background, asmeasured by the method specified in subsection 11-264-1063(c).

(2) Is tested for compliance with paragraph (i)(1)initially upon designation, annually, and at othertimes as requested by the director. [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1053)

264-287

§11-264-1053

§11-264-1054 Standards: Pressure relief devices ingas/vapor service. (a) Except during pressure releases, eachpressure relief device in gas/vapor service shall be operatedwith no detectable emissions, as indicated by an instrumentreading of less than five-hundred ppm above background, asmeasured by the method specified in subsection 11-264-1063(c).

(b)(1) After each pressure release, the pressure reliefdevice shall be returned to a condition of nodetectable emissions, as indicated by an instrumentreading of less than five-hundred ppm above background,as soon as practicable, but no later than five calendardays after each pressure release, except as provided insection 11-264-1059.

(2) No later than five calendar days after the pressurerelease, the pressure relief device shall be monitoredto confirm the condition of no detectable emissions, asindicated by an instrument reading of less than five-hundred ppm above background, as measured by the methodspecified in subsection 11-264-1063(c).

(c) Any pressure relief device that is equipped with aclosed-vent system capable of capturing and transporting leakagefrom the pressure relief device to a control device as describedin section 11-264-1060 is exempt from the requirements ofsubsections (a) and (b). [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.1054)

§11-264-1055 Standards: Sampling connection systems. (a)Each sampling connection system shall be equipped with a closed-purge, closed-loop, or closed-vent system. This system shallcollect the sample purge for return to the process or for routingto the appropriate treatment system. Gases displaced duringfilling of the sample container are not required to be collectedor captured.

(b) Each closed-purge, closed-loop, or closed-vent systemas required in subsection (a) shall meet one of the followingrequirements:

(1) Return the purged process fluid directly to the processline;

(2) Collect and recycle the purged process fluid; or(3) Be designed and operated to capture and transport all

the purged process fluid to a waste management unitthat complies with the applicable requirements ofsections 11-264-1084 through 11-264-1086 or a controldevice that complies with the requirements of section11-264-1060.

(c) In-situ sampling systems and sampling systems withoutpurges are exempt from the requirements of subsections (a) and

264-288

§11-264-1057

(b). [Eff 6/18/94; am 3/13/99; comp ](Auth: HRS§§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1055)

§11-264-1056 Standards: Open-ended valves or lines. (a)(1) Each open-ended valve or line shall be equipped with

a cap, blind flange, plug, or a second valve.(2) The cap, blind flange, plug, or second valve shall seal

the open end at all times except during operationsrequiring hazardous waste stream flow through theopen-ended valve or line.

(b) Each open-ended valve or line equipped with a secondvalve shall be operated in a manner such that the valve on thehazardous waste stream end is closed before the second valve isclosed.

(c) When a double block and bleed system is being used, thebleed valve or line may remain open during operations thatrequire venting the line between the block valves but shallcomply with subsection (a) at all other times. [Eff 6/18/94;comp ](Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1056)

§11-264-1057 Standards: Valves in gas/vapor service or inlight liquid service. (a) Each valve in gas/vapor or lightliquid service shall be monitored monthly to detect leaks by themethods specified in subsection 11-264-1063(b) and shall complywith subsections (b) through (e), except as provided insubsections (f), (g), and (h), and sections 11-264-1061 and 11-264-1062.

(b) If an instrument reading of ten-thousand ppm or greateris measured, a leak is detected.

(c)(1) Any valve for which a leak is not detected for twosuccessive months may be monitored the first month ofevery succeeding quarter, beginning with the nextquarter, until a leak is detected.

(2) If a leak is detected, the valve shall be monitoredmonthly until a leak is not detected for two successivemonths,

(d)(1) When a leak is detected, it shall be repaired as soonas practicable, but no later than fifteen calendar daysafter the leak is detected, except as provided insection 11-264-1059.

(2) A first attempt at repair shall be made no later thanfive calendar days after each leak is detected.

(e) First attempts at repair include, but are not limitedto, the following best practices where practicable:

(1) Tightening of bonnet bolts.(2) Replacement of bonnet bolts.(3) Tightening of packing gland nuts.

264-289

§11-264-1057

(4) Injection of lubricant into lubricated packing.(f) Any valve that is designated, as described in paragraph

11-264-1064(g)(2), for no detectable emissions, as indicated byan instrument reading of less than five-hundred ppm abovebackground, is exempt from the requirements of subsection (a) ifthe valve:

(1) Has no external actuating mechanism in contact with thehazardous waste stream.

(2) Is operated with emissions less than five-hundred ppmabove background as determined by the method specifiedin subsection 11-264-1063(c).

(3) Is tested for compliance with paragraph (f)(2)initially upon designation, annually, and at othertimes as requested by the director.

(g) Any valve that is designated, as described in paragraph11-264-1064(h)(1), as an unsafe-to-monitor valve is exempt fromthe requirements of subsection (a) if:

(1) The owner or operator of the valve determines that thevalve is unsafe to monitor because monitoring personnelwould be exposed to an immediate danger as aconsequence of complying with subsection (a).

(2) The owner or operator of the valve adheres to a writtenplan that requires monitoring of the valve asfrequently as practicable during safe-to-monitor times.

(h) Any valve that is designated, as described in paragraph11-264-1064(h)(2), as a difficult-to-monitor valve is exempt fromthe requirements of subsection (a) if:

(1) The owner or operator of the valve determines that thevalve cannot be monitored without elevating themonitoring personnel more than two meters above asupport surface.

(2) The hazardous waste management unit within which thevalve is located was in operation before June 21, 1990.

(3) The owner or operator of the valve follows a writtenplan that requires monitoring of the valve at leastonce per calendar year. [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1057)

§11-264-1058 Standards: Pumps and valves in heavy liquidservice, pressure relief devices in light liquid or heavy liquidservice, and flanges and other connectors. (a) Pumps and valvesin heavy liquid service, pressure relief devices in light liquidor heavy liquid service, and flanges and other connectors shallbe monitored within five days by the method specified insubsection 11-264-1063(b) if evidence of a potential leak isfound by visual, audible, olfactory, or any other detectionmethod.

264-290

§11-264-1059

(b) If an instrument reading of ten-thousand ppm or greateris measured, a leak is detected.

(c)(1) When a leak is detected, it shall be repaired as soonas practicable, but not later than fifteen calendardays after it is detected, except as provided insection 11-264-1059.

(2) The first attempt at repair shall be made no later thanfive calendar days after each leak is detected.

(d) First attempts at repair include, but are not limitedto, the best practices described under subsection 11-264-1057(e).

(e) Any connector that is inaccessible or is ceramic orceramic-lined (e.g., porcelain, glass, or glass-lined) is exemptfrom the monitoring requirements of subsection (a) and from therecordkeeping requirements of section 11-264-1064. [Eff 6/18/94;am 3/13/99; comp ](Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1058)

§11-264-1059 Standards: Delay of repair. (a) Delay ofrepair of equipment for which leaks have been detected will beallowed if the repair is technically infeasible without ahazardous waste management unit shutdown. In such a case, repairof this equipment shall occur before the end of the nexthazardous waste management unit shutdown.

(b) Delay of repair of equipment for which leaks have beendetected will be allowed for equipment that is isolated from thehazardous waste management unit and that does not continue tocontain or contact hazardous waste with organic concentrations atleast 10 percent by weight.

(c) Delay of repair for valves will be allowed if:(1) The owner or operator determines that emissions of

purged material resulting from immediate repair aregreater than the emissions likely to result from delayof repair.

(2) When repair procedures are effected, the purgedmaterial is collected and destroyed or recovered in acontrol device complying with section 11-264-1060.

(d) Delay of repair for pumps will be allowed if:(1) Repair requires the use of a dual mechanical seal

system that includes a barrier fluid system.(2) Repair is completed as soon as practicable, but not

later than 6 months after the leak was detected.(e) Delay of repair beyond a hazardous waste management

unit shutdown will be allowed for a valve if valve assemblyreplacement is necessary during the hazardous waste managementunit shutdown, valve assembly supplies have been depleted, andvalve assembly supplies had been sufficiently stocked before thesupplies were depleted. Delay of repair beyond the next hazardouswaste management unit shutdown will not be allowed unless thenext hazardous waste management unit shutdown occurs sooner than

264-291

§11-264-1059

6 months after the first hazardous waste management unitshutdown. [Eff 6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1059)

§11-264-1060 Standards: Closed-vent systems and controldevices. (a) Owners or operators of closed-vent systems andcontrol devices subject to this subchapter shall comply with theprovisions of section 11-264-1033.

(b)(1) The owner or operator of an existing facility whocannot install a closed-vent system and control deviceto comply with the provisions of this subchapter on theeffective date that the facility becomes subject to theprovisions of this subchapter must prepare animplementation schedule that includes dates by whichthe closed-vent system and control device will beinstalled and in operation. The controls must beinstalled as soon as possible, but the implementationschedule may allow up to 30 months after the effectivedate that the facility becomes subject to thissubchapter for installation and startup.

(2) Any unit that begins operation after December 21, 1990,and is subject to the provisions of this subchapterwhen operation begins, must comply with the rulesimmediately (i.e., must have control devices installedand operating on startup of the affected unit); the30-month implementation schedule does not apply.

(3) The owner or operator of any facility in existence onthe effective date of a statutory or regulatoryamendment that renders the facility subject to thissubchapter shall comply with all requirements of thissubchapter as soon as practicable but no later than 30months after the amendment's effective date. Whencontrol equipment required by this subchapter can notbe installed and begin operation by the effective dateof the amendment, the facility owner or operator shallprepare an implementation schedule that includes thefollowing information: Specific calendar dates foraward or contracts or issuance of purchase orders forthe control equipment, initiation of on-siteinstallation of the control equipment, completion ofthe control equipment installation, and performance ofany testing to demonstrate that the installed equipmentmeets the applicable standards of this subchapter. Theowner or operator shall enter the implementationschedule in the operating record or in a permanent,readily available file located at the facility.

(4) Owners and operators of facilities and units thatbecome newly subject to the requirements of thissubchapter after December 8, 1997, due to an action

264-292

§11-264-1061

other than those described in paragraph (b)(3) mustcomply with all applicable requirements immediately(i.e., must have control devices installed andoperating on the date the facility or unit becomessubject to this subchapter; the 30-month implementationschedule does not apply). [Eff 6/18/94; am 3/13/99;comp ](Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1060)

§11-264-1061 Alternative standards for valves in gas/vaporservice or in light liquid service: percentage of valves allowedto leak. (a) An owner or operator subject to the requirements ofsection 11-264-1057 may elect to have all valves within ahazardous waste management unit comply with an alternativestandard that allows no greater than 2 percent of the valves toleak.

(b) The following requirements shall be met if an owner oroperator decides to comply with the alternative standard ofallowing 2 percent of valves to leak:

(1) An owner or operator must notify the director that theowner or operator has elected to comply with therequirements of this section.

(2) A performance test as specified in subsection (c) shallbe conducted initially upon designation, annually, andat other times requested by the director.

(3) If a valve leak is detected, it shall be repaired inaccordance with subsections 11-264-1057(d) and (e).

(c) Performance tests shall be conducted in the followingmanner:

(1) All valves subject to the requirements in section 11-264-1057 within the hazardous waste management unitshall be monitored within 1 week by the methodsspecified in subsection 11-264-1063(b).

(2) If an instrument reading of ten-thousand ppm or greateris measured, a leak is detected.

(3) The leak percentage shall be determined by dividing thenumber of valves subject to the requirements in section11-264-1057 for which leaks are detected by the totalnumber of valves subject to the requirements in section11-264-1057 within the hazardous waste management unit.

(d) If an owner or operator decides to comply with thissection no longer, the owner or operator must notify the directorin writing that the work practice standard described insubsections 11-264-1057(a) through (e) will be followed. [Eff6/18/94; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1061)

264-293

§11-264-1061

§11-264-1062 Alternative standards for valves in gas/vaporservice or in light liquid service: skip period leak detectionand repair.

(a)(1) An owner or operator subject to the requirements ofsection 11-264-1057 may elect for all valves within ahazardous waste management unit to comply with one ofthe alternative work practices specified in paragraphs(b)(2) and (3).

(2) An owner or operator must notify the director beforeimplementing one of the alternative work practices.

(b)(1) An owner or operator shall comply with the requirements for valves, as described in section 11-264-1057, except as described in paragraphs (b)(2) and(b)(3).

(2) After two consecutive quarterly leak detection periodswith the percentage of valves leaking equal to or lessthan two percent, an owner or operator may begin toskip one of the quarterly leak detection periods (i.e.,monitor for leaks once every six months) for the valvessubject to the requirements in section 11-264-1057.

(3) After five consecutive quarterly leak detection periodswith the percentage of valves leaking equal to or lessthan two percent, an owner or operator may begin toskip three of the quarterly leak detection periods(i.e., monitor for leaks once every year) for thevalves subject to the requirements in section 11-264-1057.

(4) If the percentage of valves leaking is greater than 2percent, the owner or operator shall monitor monthly incompliance with the requirements in section 11-264-1057, but may again elect to use this section aftermeeting the requirements of paragraph 11-264-1057(c)(1). [Eff 6/18/94; am 3/13/99; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1062)

§11-264-1063 Test methods and procedures. (a) Each owneror operator subject to the provisions of this subchapter shallcomply with the test methods and procedures requirements providedin this section.

(b) Leak detection monitoring, as required in sections 11-264-1052 through 11-264-1062, shall comply with the followingrequirements:

(1) Monitoring shall comply with Reference Method 21 in 40CFR Part 60.

(2) The detection instrument shall meet the performancecriteria of Reference Method 21.

264-294

§11-264-1063

(3) The instrument shall be calibrated before use on eachday of its use by the procedures specified in ReferenceMethod 21.

(4) Calibration gases shall be: (i) Zero air (less than 10 ppm of hydrocarbon in air).(ii) A mixture of methane or n-hexane and air at a

concentration of approximately, but less than,ten-thousand ppm methane or n-hexane.

(5) The instrument probe shall be traversed around allpotential leak interfaces as close to the interface aspossible as described in Reference Method 21.

(c) When equipment is tested for compliance with nodetectable emissions, as required in subsections 11-264-1052(e)and 11-264-1053(i), section 11-264-1054, and subsection 11-264-1057(f), the test shall comply with the following requirements:

(1) The requirements of paragraphs (b)(1) through (4) shallapply.

(2) The background level shall be determined as set forthin Reference Method 21.

(3) The instrument probe shall be traversed around allpotential leak interfaces as close to the interface aspossible as described in Reference Method 21.

(4) The arithmetic difference between the maximumconcentration indicated by the instrument and thebackground level is compared with 500 ppm fordetermining compliance.

(d) In accordance with the waste analysis plan required bysubsection 11-264-13(b), an owner or operator of a facility mustdetermine, for each piece of equipment, whether the equipmentcontains or contacts a hazardous waste with organic concentrationthat equals or exceeds 10 percent by weight using the following:

(1) Methods described in ASTM Methods D 2267-88, E 169-87,E 168-88, E 260-85 (incorporated by reference undersection 11-260-11);

(2) Method 9060 or 8260 of SW-846 (incorporated byreference under section 11-260-11); or

(3) Application of the knowledge of the nature of thehazardous waste stream or the process by which it wasproduced. Documentation of a waste determination byknowledge is required. Examples of documentation thatshall be used to support a determination under thisprovision include production process informationdocumenting that no organic compounds are used,information that the waste is generated by a processthat is identical to a process at the same or anotherfacility that has previously been demonstrated bydirect measurement to have a total organic content lessthan 10 percent, or prior speciation analysis resultson the same waste stream where it can also bedocumented that no process changes have occurred since

264-295

§11-264-1063

that analysis that could affect the waste total organicconcentration.

(e) If an owner or operator determines that a piece ofequipment contains or contacts a hazardous waste with organicconcentrations at least 10 percent by weight, the determinationcan be revised only after following the procedures in paragraph(d)(1) or (d)(2).

(f) When an owner or operator and the director do not agreeon whether a piece of equipment contains or contacts a hazardouswaste with organic concentrations at least 10 percent by weight,the procedures in paragraph (d)(1) or (d)(2) can be used toresolve the dispute.

(g) Samples used in determining the percent organic contentshall be representative of the highest total organic contenthazardous waste that is expected to be contained in or contactthe equipment.

(h) To determine if pumps or valves are in light liquidservice, the vapor pressures of constituents may be obtained fromstandard reference texts or may be determined by ASTM D-2879-86(incorporated by reference under section 11-260-11).

(i) Performance tests to determine if a control deviceachieves 95 weight percent organic emission reduction shallcomply with the procedures of paragraphs 11-264-1034(c)(1)through (c)(4). [Eff 6/18/94; am 3/13/99; comp ](Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.1063)

§11-264-1064 Recordkeeping requirements. (a)(1) Each owner or operator subject to the provisions of

this subchapter shall comply with the recordkeepingrequirements of this section.

(2) An owner or operator of more than one hazardous wastemanagement unit subject to the provisions of thissubchapter may comply with the recordkeepingrequirements for these hazardous waste management unitsin one recordkeeping system if the system identifieseach record by each hazardous waste management unit.

(b) Owners and operators must record the followinginformation in the facility operating record:

(1) For each piece of equipment to which Subchapter BB ofchapter 11-264 applies: (i) Equipment identification number and hazardous

waste management unit identification.(ii) Approximate locations within the facility (e.g.,

identify the hazardous waste management unit on afacility plot plan).

(iii) Type of equipment (e.g.. a pump or pipelinevalve).

264-296

§11-264-1064

(iv) Percent-by-weight total organics in the hazardouswaste stream at the equipment.

(v) Hazardous waste state at the equipment (e.g.,gas/vapor or liquid).

(vi) Method of compliance with the standard (e.g.,``monthly leak detection and repair'' or``equipped with dual mechanical seals'').

(2) For facilities that comply with the provisions ofparagraph 11-264-1033(a)(2), an implementation scheduleas specified in paragraph 11-264-1033(a)(2).

(3) Where an owner or operator chooses to use test data todemonstrate the organic removal efficiency or totalorganic compound concentration achieved by the controldevice, a performance test plan as specified inparagraph 11-264-1035(b)(3).

(4) Documentation of compliance with section 11-264-1060,including the detailed design documentation orperformance test results specified in paragraph 11-264-1035(b)(4).

(c) When each leak is detected as specified in sections 11-264-1052, 11-264-1053, 11-264-1057, and 11-264-1058, thefollowing requirements apply:

(1) A weatherproof and readily visible identification,marked with the equipment identification number, thedate evidence of a potential leak was found inaccordance with subsection 11-264-1058(a), and the datethe leak was detected, shall be attached to the leakingequipment.

(2) The identification on equipment, except on a valve, maybe removed after it has been repaired.

(3) The identification on a valve may be removed after ithas been monitored for 2 successive months as specifiedin subsection 11-264-1057(c) and no leak has beendetected during those 2 months.

(d) When each leak is detected as specified in sections 11-264-1052, 11-264-1053, 11-264-1057, and 11-264-1058, thefollowing information shall be recorded in an inspection log andshall be kept in the facility operating record:

(1) The instrument and operator identification numbers andthe equipment identification number.

(2) The date evidence of a potential leak was found inaccordance with subsection 11-264-1058(a).

(3) The date the leak was detected and the dates of eachattempt to repair the leak.

(4) Repair methods applied in each attempt to repair theleak.

(5) ``Above ten-thousand'' if the maximum instrumentreading measured by the methods specified in subsection11-264-1063(b) after each repair attempt is equal to orgreater than ten-thousand ppm.

264-297

§11-264-1064

(6) ``Repair delayed'' and the reason for the delay if aleak is not repaired within fifteen calendar days afterdiscovery of the leak.

(7) Documentation supporting the delay of repair of a valvein compliance with subsection 11-264-1059(c).

(8) The signature of the owner or operator (or designate)whose decision it was that repair could not be effectedwithout a hazardous waste management unit shutdown.

(9) The expected date of successful repair of the leak if aleak is not repaired within fifteen calendar days.

(10) The date of successful repair of the leak.(e) Design documentation and monitoring, operating, and

inspection information for each closed-vent system and controldevice required to comply with the provisions of section 11-264-1060 shall be recorded and kept up-to-date in the facilityoperating record as specified in subsection 11-264-1035(c).Design documentation is specified in paragraphs 11-264-1035(c)(1)and (c)(2) and monitoring, operating, and inspection informationin paragraphs 11-264-1035(c)(3) through (c)(8).

(f) For a control device other than a thermal vaporincinerator, catalytic vapor incinerator, flare, boiler, processheater, condenser, or carbon adsorption system, the director willspecify the appropriate recordkeeping requirements.

(g) The following information pertaining to all equipmentsubject to the requirements in sections 11-264-1052 through 11-264-1060 shall be recorded in a log that is kept in the facilityoperating record:

(1) A list of identification numbers for equipment (exceptwelded fittings) subject to the requirements of thissubchapter.

(2) (i) A list of identification numbers for equipmentthat the owner or operator elects to designate forno detectable emissions, as indicated by aninstrument reading of less than 500 ppm abovebackground, under the provisions of subsections11-264-1052(e), 11-264-1053(i), and 11-264-1057(f).

(ii) The designation of this equipment as subject tothe requirements of subsection 11-264-1052(e), 11-264-1053(i), or 11-264-1057(f) shall be signed bythe owner or operator.

(3) A list of equipment identification numbers for pressurerelief devices required to comply with subsection 11-264-1054(a).

(4) (i) The dates of each compliance test required insubsections 11-264-1052(e) and 11-264-1053(i),section 11-264-1054, and subsection 11-264-1057(f).

(ii) The background level measured during eachcompliance test.

264-298

§11-264-1064

(iii) The maximum instrument reading measured at theequipment during each compliance test.

(5) A list of identification numbers for equipment invacuum service.

(6) Identification, either by list or location (area orgroup) of equipment that contains or contacts hazardouswaste with an organic concentration of at least 10percent by weight for less than 300 hours per calendaryear.

(h) The following information pertaining to all valvessubject to the requirements of subsections 11-264-1057(g) and (h)shall be recorded in a log that is kept in the facility operatingrecord:

(1) A list of identification numbers for valves that aredesignated as unsafe to monitor, an explanation foreach valve stating why the valve is unsafe to monitor,and the plan for monitoring each valve.

(2) A list of identification numbers for valves that aredesignated as difficult to monitor, an explanation foreach valve stating why the valve is difficult tomonitor, and the planned schedule for monitoring eachvalve.

(i) The following information shall be recorded in thefacility operating record for valves complying with section 11-264-1062:

(1) A schedule of monitoring.(2) The percent of valves found leaking during each

monitoring period.(j) The following information shall be recorded in a log

that is kept in the facility operating record:(1) Criteria required in subparagraph 11-264-1052(d)(5)(ii)

and paragraph 11-264-1053(e)(2) and an explanation ofthe design criteria.

(2) Any changes to these criteria and the reasons for thechanges.

(k) The following information shall be recorded in a logthat is kept in the facility operating record for use indetermining exemptions as provided in the applicability sectionof this subchapter and other specific subchapters:

(1) An analysis determining the design capacity of thehazardous waste management unit.

(2) A statement listing the hazardous waste influent to andeffluent from each hazardous waste management unitsubject to the requirements in sections 11-264-1052through 11-264-1060 and an analysis determining whetherthese hazardous wastes are heavy liquids.

(3) An up-to-date analysis and the supporting informationand data used to determine whether or not equipment issubject to the requirements in sections 11-264-1052through 11-264-1060. The record shall include

264-299

§11-264-1064

supporting documentation as required by paragraph 11-264-1063(d)(3) when application of the knowledge of thenature of the hazardous waste stream or the process bywhich it was produced is used. If the owner or operatortakes any action (e.g., changing the process thatproduced the waste) that could result in an increase inthe total organic content of the waste contained in orcontacted by equipment determined not to be subject tothe requirements in sections 11-264-1052 through 11-264-1060, then a new determination is required.

(l) Records of the equipment leak information required bysubsection (d) and the operating information required bysubsection (e) need be kept only three years.

(m) The owner or operator of a facility with equipment thatis subject to this subchapter and to regulations at 40 CFR part60, part 61, or part 63 may elect to determine compliance withthis subchapter either by documentation pursuant to section 11-264-1064, or by documentation of compliance with the regulationsat 40 CFR part 60, part 61, or part 63 pursuant to the relevantprovisions of the regulations at 40 CFR part 60, part 61, or part63. The documentation of compliance under regulations at 40 CFRpart 60, part 61, or part 63 shall be kept with or made readilyavailable with the facility operating record. [Eff 6/18/94; am3/13/99; comp ](Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1064)

§11-264-1065 Reporting requirements. (a) A semiannualreport shall be submitted by owners and operators subject to therequirements of this subchapter to the director by datesspecified by the director. The report shall include the followinginformation:

(1) The EPA identification number, name, and address of thefacility.

(2) For each month during the semiannual reporting period: (i) The equipment identification number of each valve

for which a leak was not repaired as required insubsection 11-264-1057(d).

(ii) The equipment identification number of each pumpfor which a leak was not repaired as required insubsection 11-264-1052(c) and paragraph 11-264-1052(d)(6).

(iii) The equipment identification number of eachcompressor for which a leak was not repaired asrequired in subsection 11-264-1053(g).

(3) Dates of hazardous waste management unit shutdowns thatoccurred within the semiannual reporting period.

(4) For each month during the semiannual reporting period,dates when the control device installed as required bysection 11-264-1052, 11-264-1053, 11-264-1054, or 11-

264-300

§11-264-1080

264-1055 exceeded or operated outside of the designspecifications as defined in subsection 11-264-1064(e)and as indicated by the control device monitoringrequired by section 11-264-1060 and was not correctedwithin twenty-four hours, the duration and cause ofeach exceedance, and any corrective measures taken.

(b) If, during the semiannual reporting period, leaks fromvalves, pumps, and compressors are repaired as required insubsections 11-264-1057(d), 11-264-1052(c) and paragraph 11-264-1052(d)(6), and subsection 11-264-1053(g), respectively, and thecontrol device does not exceed or operate outside of the designspecifications as defined in subsection 11-264-1064(e) for morethan twenty-four hours, a report to the director is not required.[Eff ] (Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1065)

§11-264-1066 -- §11-264-1079 [Reserved]

SUBCHAPTER CC

AIR EMISSION STANDARDS FOR TANKS, SURFACE IMPOUNDMENTS, ANDCONTAINERS

§11-264-1080 Applicability. (a) The requirements of thissubchapter apply to owners and operators of all facilities thattreat, store, or dispose of hazardous waste in tanks, surfaceimpoundments, or containers subject to either subchapter I, J, orK except as section 11-264-1 and subsection (b) provideotherwise.

(b) The requirements of this subchapter do not apply to thefollowing waste management units at the facility:

(1) A waste management unit that holds hazardous wasteplaced in the unit before December 6, 1996, and inwhich no hazardous waste is added to the unit on orafter December 6, 1996.

(2) A container that has a design capacity less than orequal to 0.1 m3.

(3) A tank in which an owner or operator has stopped addinghazardous waste and the owner or operator has begunimplementing or completed closure pursuant to anapproved closure plan.

(4) A surface impoundment in which an owner or operator hasstopped adding hazardous waste (except to implement anapproved closure plan) and the owner or operator hasbegun implementing or completed closure pursuant to anapproved closure plan.

(5) A waste management unit that is used solely for on-sitetreatment or storage of hazardous waste that is

264-301

§11-264-1080

generated as the result of implementing remedialactivities required under the corrective actionauthorities of RCRA sections 3004(u), 3004(v) or3008(h), CERCLA authorities, section 342J-36, HRS, orsimilar federal or State authorities.

(6) A waste management unit that is used solely for themanagement of radioactive mixed waste in accordancewith all applicable regulations under the authority ofthe Federal Atomic Energy Act and the Federal NuclearWaste Policy Act.

(7) A hazardous waste management unit that the owner oroperator certifies is equipped with and operating airemission controls in accordance with the requirementsof an applicable Federal Clean Air Act regulationcodified under 40 CFR part 60, part 61, or part 63. Forthe purpose of complying with this paragraph, a tankfor which the air emission control includes anenclosure, as opposed to a cover, must be in compliancewith the enclosure and control device requirements ofsection 11-264-1084(i), except as provided in section11-264-1082(c)(5).

(8) A tank that has a process vent as defined in section11-264-1031.

(c) For the owner and operator of a facility subject tothis subchapter and who received a final permit under RCRAsection 3005 prior to December 6, 1996, the requirements of thissubchapter shall be incorporated into the permit when a Statehazardous waste management permit is issued under section 11-271-15 or the EPA-issued RCRA permit is reissued in accordance withthe requirements of section 11-271-15 or reviewed in accordancewith the requirements of section 11-270-50. Until such date whenthe State hazardous waste permit is issued under section 11-271-15 or the EPA-issued RCRA permit is reissued in accordance withthe requirements of section 11-271-15 or reviewed in accordancewith the requirements of section 11-270-50, the owner andoperator are subject to the requirements of chapter 11-265,subchapter CC.

(d) The requirements of this subchapter, except for therecordkeeping requirements specified in section 11-264-1089(i),are administratively stayed for a tank or a container used forthe management of hazardous waste generated by organic peroxidemanufacturing and its associated laboratory operations when theowner or operator of the unit meets all of the followingconditions:

(1) The owner or operator identifies that the tank orcontainer receives hazardous waste generated by anorganic peroxide manufacturing process producing morethan one functional family of organic peroxides ormultiple organic peroxides within one functionalfamily, that one or more of these organic peroxides

264-302

§11-264-1081

could potentially undergo self-accelerating thermaldecomposition at or below ambient temperatures, andthat organic peroxides are the predominant productsmanufactured by the process. For the purpose of meetingthe conditions of this paragraph, "organic peroxide"means an organic compound that contains the bivalent -O-O- structure and which may be considered to be astructural derivative of hydrogen peroxide where one orboth of the hydrogen atoms has been replaced by anorganic radical.

(2) The owner or operator prepares documentation, inaccordance with the requirements of section 11-264-1089(i), explaining why an undue safety hazard would becreated if air emission controls specified in sections11-264-1084 through 11-264-1087 are installed andoperated on the tanks and containers used at thefacility to manage the hazardous waste generated by theorganic peroxide manufacturing process or processesmeeting the conditions of paragraph (d)(1).

(3) The owner or operator notifies the director in writingthat hazardous waste generated by an organic peroxidemanufacturing process or processes meeting theconditions of paragraph (d)(1) are managed at thefacility in tanks or containers meeting the conditionsof paragraph (d)(2). The notification shall state thename and address of the facility, and be signed anddated by an authorized representative of the facilityowner or operator. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1080)

§11-264-1081 Definitions. As used in this subchapter, allterms shall have the meaning given to them in section 11-265-1081, chapter 342J, HRS, and chapters 11-260 through 11-266. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1081)

§11-264-1082 Standards: General. (a) This section appliesto the management of hazardous waste in tanks, surfaceimpoundments, and containers subject to this subchapter.

(b) The owner or operator shall control air pollutantemissions from each hazardous waste management unit in accordancewith standards specified in sections 11-264-1084 through 11-264-1087, as applicable to the hazardous waste management unit,except as provided for in subsection (c).

(c) A tank, surface impoundment, or container is exempt fromstandards specified in sections 11-264-1084 through 11-264-1087,

264-303

§11-264-1082

as applicable, provided that the waste management unit is one ofthe following:

(1) A tank, surface impoundment, or container for which allhazardous waste entering the unit has an average VOconcentration at the point of waste origination of lessthan 500 parts per million by weight (ppmw). Theaverage VO concentration shall be determined using theprocedures specified in section 11-264-1083(a). Theowner or operator shall review and update, asnecessary, this determination at least once every 12months following the date of the initial determinationfor the hazardous waste streams entering the unit.

(2) A tank, surface impoundment, or container for which theorganic content of all the hazardous waste entering thewaste management unit has been reduced by an organicdestruction or removal process that achieves any one ofthe following conditions:

(i) A process that removes or destroys the organicscontained in the hazardous waste to a level suchthat the average VO concentration of the hazardouswaste at the point of waste treatment is less thanthe exit concentration limit (Ct) established forthe process. The average VO concentration of thehazardous waste at the point of waste treatmentand the exit concentration limit for the processshall be determined using the procedures specifiedin section 11-264-1083(b).

(ii) A process that removes or destroys the organicscontained in the hazardous waste to a level suchthat the organic reduction efficiency (R) for theprocess is equal to or greater than 95 percent,and the average VO concentration of the hazardouswaste at the point of waste treatment is less than100 ppmw. The organic reduction efficiency for theprocess and the average VO concentration of thehazardous waste at the point of waste treatmentshall be determined using the procedures specifiedin section 11-264-1083(b).

(iii) A process that removes or destroys the organicscontained in the hazardous waste to a level suchthat the actual organic mass removal rate (MR) forthe process is equal to or greater than therequired organic mass removal rate (RMR)established for the process. The required organicmass removal rate and the actual organic massremoval rate for the process shall be determinedusing the procedures specified in section 11-264-1083(b).

264-304

§11-264-1082

(iv) A biological process that destroys or degrades theorganics contained in the hazardous waste, suchthat either of the following conditions is met:(A) The organic reduction efficiency (R) for the

process is equal to or greater than 95percent, and the organic biodegradationefficiency (Rbio) for the process is equal toor greater than 95 percent. The organicreduction efficiency and the organicbiodegradation efficiency for the processshall be determined using the proceduresspecified in section 11-264-1083(b).

(B) The total actual organic mass biodegradationrate (MRbio) for all hazardous waste treatedby the process is equal to or greater thanthe required organic mass removal rate (RMR).The required organic mass removal rate andthe actual organic mass biodegradation ratefor the process shall be determined using theprocedures specified in section 11-264-1083(b).

(v) A process that removes or destroys the organicscontained in the hazardous waste and meets all ofthe following conditions:(A) From the point of waste origination through

the point where the hazardous waste entersthe treatment process, the hazardous waste ismanaged continuously in waste managementunits which use air emission controls inaccordance with the standards specified insections 11-264-1084 through 11-264-1087, asapplicable to the waste management unit.

(B) From the point of waste origination throughthe point where the hazardous waste entersthe treatment process, any transfer of thehazardous waste is accomplished throughcontinuous hard-piping or other closed systemtransfer that does not allow exposure of thewaste to the atmosphere. DOH considers adrain system that meets the requirements of40 CFR part 63, subpart RR--National EmissionStandards for Individual Drain Systems to bea closed system.

(C) The average VO concentration of the hazardouswaste at the point of waste treatment is lessthan the lowest average VO concentration atthe point of waste origination determined foreach of the individual waste streams enteringthe process or 500 ppmw, whichever value islower. The average VO concentration of each

264-305

§11-264-1082

individual waste stream at the point of wasteorigination shall be determined using theprocedures specified in section 11-264-1083(a). The average VO concentration of thehazardous waste at the point of wastetreatment shall be determined using theprocedures specified in section 11-264-1083(b).

(vi) A process that removes or destroys the organicscontained in the hazardous waste to a level suchthat the organic reduction efficiency (R) for theprocess is equal to or greater than 95 percent andthe owner or operator certifies that the averageVO concentration at the point of waste originationfor each of the individual waste streams enteringthe process is less than 10,000 ppmw. The organicreduction efficiency for the process and theaverage VO concentration of the hazardous waste atthe point of waste origination shall be determinedusing the procedures specified in sections 11-264-1083(b) and 11-264-1083(a), respectively.

(vii) A hazardous waste incinerator for which the owneror operator has either:(A) Been issued a final permit under 40 CFR part

270 which implements the requirements of 40CFR part 264, subpart O;

(B) Has designed and operates the incinerator inaccordance with the interim statusrequirements of chapter 11-265, subchapter O;or

(C) Been issued a State hazardous wastemanagement permit under chapter 11-270 whichimplements the requirements of chapter 11-264, subchapter O.

(viii) A boiler or industrial furnace for which the owneror operator has either:(A) Been issued a final permit under 40 CFR part

270 which implements the requirements of 40CFR part 266, subpart H;

(B) Has designed and operates the boiler orindustrial furnace in accordance with theinterim status requirements of chapter 11-266, subchapter H; or

(C) Been issued a State hazardous wastemanagement permit under chapter 11-270 whichimplements the requirements of chapter 11-266, subchapter H.

(ix) For the purpose of determining the performance ofan organic destruction or removal process inaccordance with the conditions in each of

264-306

§11-264-1082

subparagraphs (c)(2)(i) through (c)(2)(vi), theowner or operator shall account for VOconcentrations determined to be below the limit ofdetection of the analytical method by using thefollowing VO concentration:(A) If Method 25D in 40 CFR part 60, appendix A

is used for the analysis, one-half the blankvalue determined in the method at section 4.4of Method 25D in 40 CFR part 60, appendix A,or a value of 25 ppmw, whichever is less.

(B) If any other analytical method is used, one-half the sum of the limits of detectionestablished for each organic constituent inthe waste that has a Henry's law constantvalue at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1Y/X) (which can also be expressed as 1.8 x10-6 atmospheres/gram-mole/m3) at 25 degreesCelsius.

(3) A tank or surface impoundment used for biologicaltreatment of hazardous waste in accordance with therequirements of subparagraph (c)(2)(iv).

(4) A tank, surface impoundment, or container for which allhazardous waste placed in the unit either: (i) Meets the numerical concentration limits for

organic hazardous constituents, applicable to thehazardous waste, as specified in chapter 11-268--Land Disposal Restrictions under Table "TreatmentStandards for Hazardous Waste" in section 11-268-40; or

(ii) The organic hazardous constituents in the wastehave been treated by the treatment technologyestablished by the EPA for the waste in section11-268-42(a), or have been removed or destroyed byan equivalent method of treatment approved by EPApursuant to 40 CFR 268.42(b) and approved by theState pursuant to section 11-268-51.

(5) A tank used for bulk feed of hazardous waste to a wasteincinerator and all of the following conditions aremet: (i) The tank is located inside an enclosure vented to

a control device that is designed and operated inaccordance with all applicable requirementsspecified under 40 CFR part 61, subpart FF--National Emission Standards for Benzene WasteOperations for a facility at which the totalannual benzene quantity from the facility waste isequal to or greater than 10 megagrams per year;

264-307

§11-264-1082

(ii) The enclosure and control device serving the tankwere installed and began operation prior toNovember 25, 1996 and

(iii) The enclosure is designed and operated inaccordance with the criteria for a permanent totalenclosure as specified in "Procedure T--Criteriafor and Verification of a Permanent or TemporaryTotal Enclosure" under 40 CFR 52.741, appendix B.The enclosure may have permanent or temporaryopenings to allow worker access; passage ofmaterial into or out of the enclosure by conveyor,vehicles, or other mechanical or electricalequipment; or to direct air flow into theenclosure. The owner or operator shall perform theverification procedure for the enclosure asspecified in Section 5.0 to "Procedure T--Criteriafor and Verification of a Permanent or TemporaryTotal Enclosure" annually.

(d) The director may at any time perform or request that theowner or operator perform a waste determination for a hazardouswaste managed in a tank, surface impoundment, or containerexempted from using air emission controls under the provisions ofthis section as follows:

(1) The waste determination for average VO concentration ofa hazardous waste at the point of waste originationshall be performed using direct measurement inaccordance with the applicable requirements of section11-264-1083(a). The waste determination for a hazardouswaste at the point of waste treatment shall beperformed in accordance with the applicablerequirements of section 11-264-1083(b).

(2) In performing a waste determination pursuant toparagraph (d)(1), the sample preparation and analysisshall be conducted as follows:

(i) In accordance with the method used by the owner oroperator to perform the waste analysis, except inthe case specified in subparagraph (d)(2)(ii).

(ii) If the director determines that the method used bythe owner or operator was not appropriate for thehazardous waste managed in the tank, surfaceimpoundment, or container, then the director maychoose an appropriate method.

(3) In a case when the owner or operator is requested toperform the waste determination, the director may electto have an authorized representative observe thecollection of the hazardous waste samples used for theanalysis.

(4) In a case when the results of the waste determinationperformed or requested by the director do not agreewith the results of a waste determination performed by

264-308

§11-264-1082

the owner or operator using knowledge of the waste,then the results of the waste determination performedin accordance with the requirements of paragraph (d)(1)shall be used to establish compliance with therequirements of this subchapter.

(5) In a case when the owner or operator has used anaveraging period greater than 1 hour for determiningthe average VO concentration of a hazardous waste atthe point of waste origination, the director may electto establish compliance with this subchapter byperforming or requesting that the owner or operatorperform a waste determination using direct measurementbased on waste samples collected within a 1-hour periodas follows: (i) The average VO concentration of the hazardous

waste at the point of waste origination shall bedetermined by direct measurement in accordancewith the requirements of section 11-264-1083(a).

(ii) Results of the waste determination performed orrequested by the director showing that the averageVO concentration of the hazardous waste at thepoint of waste origination is equal to or greaterthan 500 ppmw shall constitute noncompliance withthis subchapter except in a case as provided forin subparagraph (d)(5)(iii).

(iii) For the case when the average VO concentration ofthe hazardous waste at the point of wasteorigination previously has been determined by theowner or operator using an averaging periodgreater than 1 hour to be less than 500 ppmw butbecause of normal operating process variations theVO concentration of the hazardous waste determinedby direct measurement for any given 1-hour periodmay be equal to or greater than 500 ppmw,information that was used by the owner or operatorto determine the average VO concentration of thehazardous waste (e.g., test results, measurements,calculations, and other documentation) andrecorded in the facility records in accordancewith the requirements of sections 11-264-1083(a)and 11-264-1089 shall be considered by thedirector together with the results of the wastedetermination performed or requested by thedirector in establishing compliance with thissubchapter. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1082)

264-309

§11-264-1082

§11-264-1083 Waste determination procedures. (a) Wastedetermination procedure to determine average volatile organic(VO) concentration of a hazardous waste at the point of wasteorigination.

(1) An owner or operator shall determine the average VOconcentration at the point of waste origination foreach hazardous waste placed in a waste management unitexempted under the provisions of section 11-264-1082(c)(1) from using air emission controls inaccordance with standards specified in sections 11-264-1084 through 11-264-1087, as applicable to the wastemanagement unit.

(2) For a waste determination that is required by paragraph(a)(1), the average VO concentration of a hazardouswaste at the point of waste origination shall bedetermined in accordance with the procedures specifiedin sections 11-265-1084(a)(2) through (a)(4).

(b) Waste determination procedures for treated hazardouswaste.

(1) An owner or operator shall perform the applicable wastedetermination for each treated hazardous waste placedin waste management units exempted under the provisionsof sections 11-264-1082(c)(2)(i) through (c)(2)(vi)from using air emission controls in accordance withstandards specified in sections 11-264-1084 through 11-264-1087, as applicable to the waste management unit.

(2) The waste determination for a treated hazardous wasteshall be performed in accordance with the proceduresspecified in sections 11-265-1084(b)(2) through (b)(9),as applicable to the treated hazardous waste.

(c) Procedure to determine the maximum organic vaporpressure of a hazardous waste in a tank.

(1) An owner or operator shall determine the maximumorganic vapor pressure for each hazardous waste placedin a tank using Tank Level 1 controls in accordancewith standards specified in section 11-264-1084(c).

(2) The maximum organic vapor pressure of the hazardouswaste may be determined in accordance with theprocedures specified in sections 11-265-1084(c)(2)through (c)(4).

(d) The procedure for determining no detectable organicemissions for the purpose of complying with this subchapter shallbe conducted in accordance with the procedures specified insection 11-265-1084(d). [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40C.F.R. §264.1083)

§11-264-1084 Standards: Tanks. (a) The provisions of thissection apply to the control of air pollutant emissions from

264-310

§11-264-1084

tanks for which section 11-264-1082(b) references the use of thissection for such air emission control.

(b) The owner or operator shall control air pollutantemissions from each tank subject to this section in accordancewith the following requirements as applicable:

(1) For a tank that manages hazardous waste that meets allof the conditions specified in subparagraphs (b)(1)(i)through (b)(1)(iii), the owner or operator shallcontrol air pollutant emissions from the tank inaccordance with the Tank Level 1 controls specified insubsection (c) or the Tank Level 2 controls specifiedin subsection (d). (i) The hazardous waste in the tank has a maximum

organic vapor pressure which is less than themaximum organic vapor pressure limit for thetank's design capacity category as follows:(A) For a tank design capacity equal to or

greater than 151 m3, the maximum organicvapor pressure limit for the tank is 5.2 kPa.

(B) For a tank design capacity equal to orgreater than 75 m3 but less than 151 m3, themaximum organic vapor pressure limit for thetank is 27.6 kPa.

(C) For a tank design capacity less than 75 m3,the maximum organic vapor pressure limit forthe tank is 76.6 kPa.

(ii) The hazardous waste in the tank is not heated bythe owner or operator to a temperature that isgreater than the temperature at which the maximumorganic vapor pressure of the hazardous waste isdetermined for the purpose of complying withsubparagraph (b)(1)(i).

(iii) The hazardous waste in the tank is not treated bythe owner or operator using a waste stabilizationprocess, as defined in section 11-265-1081.

(2) For a tank that manages hazardous waste that does notmeet all of the conditions specified in subparagraphs(b)(1)(i) through (b)(1)(iii), the owner or operatorshall control air pollutant emissions from the tank byusing Tank Level 2 controls in accordance with therequirements of subsection (d). Examples of tanksrequired to use Tank Level 2 controls include: A tankused for a waste stabilization process; and a tank forwhich the hazardous waste in the tank has a maximumorganic vapor pressure that is equal to or greater thanthe maximum organic vapor pressure limit for the tank'sdesign capacity category as specified in subparagraph(b)(1)(i).

264-311

§11-264-1084

(c) Owners and operators controlling air pollutantemissions from a tank using Tank Level 1 controls shall meet therequirements specified in paragraphs (c)(1) through (c)(4):

(1) The owner or operator shall determine the maximumorganic vapor pressure for a hazardous waste to bemanaged in the tank using Tank Level 1 controls beforethe first time the hazardous waste is placed in thetank. The maximum organic vapor pressure shall bedetermined using the procedures specified in section11-264-1083(c). Thereafter, the owner or operator shallperform a new determination whenever changes to thehazardous waste managed in the tank could potentiallycause the maximum organic vapor pressure to increase toa level that is equal to or greater than the maximumorganic vapor pressure limit for the tank designcapacity category specified in subparagraph (b)(1)(i),as applicable to the tank.

(2) The tank shall be equipped with a fixed roof designedto meet the following specifications: (i) The fixed roof and its closure devices shall be

designed to form a continuous barrier over theentire surface area of the hazardous waste in thetank. The fixed roof may be a separate coverinstalled on the tank (e.g., a removable covermounted on an open-top tank) or may be an integralpart of the tank structural design (e.g., ahorizontal cylindrical tank equipped with ahatch).

(ii) The fixed roof shall be installed in a manner suchthat there are no visible cracks, holes, gaps, orother open spaces between roof section joints orbetween the interface of the roof edge and thetank wall.

(iii) Each opening in the fixed roof, and any manifoldsystem associated with the fixed roof, shall beeither:(A) Equipped with a closure device designed to

operate such that when the closure device issecured in the closed position there are novisible cracks, holes, gaps, or other openspaces in the closure device or between theperimeter of the opening and the closuredevice; or

(B) Connected by a closed-vent system that isvented to a control device. The controldevice shall remove or destroy organics inthe vent stream, and shall be operatingwhenever hazardous waste is managed in thetank, except as provided for in clauses(c)(2)(iii)(B)(1) and (2).

264-312

§11-264-1084

(1) During periods when it is necessary toprovide access to the tank forperforming the activities of clause(c)(2)(iii)(B)(2), venting of the vaporheadspace underneath the fixed roof tothe control device is not required,opening of closure devices is allowed,and removal of the fixed roof isallowed. Following completion of theactivity, the owner or operator shallpromptly secure the closure device inthe closed position or reinstall thecover, as applicable, and resumeoperation of the control device.

(2) During periods of routine inspection,maintenance, or other activities neededfor normal operations, and for removalof accumulated sludge or other residuesfrom the bottom of the tank.

(iv) The fixed roof and its closure devices shall bemade of suitable materials that will minimizeexposure of the hazardous waste to the atmosphere,to the extent practical, and will maintain theintegrity of the fixed roof and closure devicesthroughout their intended service life. Factors tobe considered when selecting the materials for anddesigning the fixed roof and closure devices shallinclude: Organic vapor permeability, the effectsof any contact with the hazardous waste or itsvapors managed in the tank; the effects of outdoorexposure to wind, moisture, and sunlight; and theoperating practices used for the tank on which thefixed roof is installed.

(3) Whenever a hazardous waste is in the tank, the fixedroof shall be installed with each closure devicesecured in the closed position except as follows: (i) Opening of closure devices or removal of the fixed

roof is allowed at the following times:(A) To provide access to the tank for performing

routine inspection, maintenance, or otheractivities needed for normal operations.Examples of such activities include thosetimes when a worker needs to open a port tosample the liquid in the tank, or when aworker needs to open a hatch to maintain orrepair equipment. Following completion of theactivity, the owner or operator shallpromptly secure the closure device in theclosed position or reinstall the cover, asapplicable, to the tank.

264-313

§11-264-1084

(B) To remove accumulated sludge or otherresidues from the bottom of tank.

(ii) Opening of a spring-loaded pressure-vacuum reliefvalve, conservation vent, or similar type ofpressure relief device which vents to theatmosphere is allowed during normal operations forthe purpose of maintaining the tank internalpressure in accordance with the tank designspecifications. The device shall be designed tooperate with no detectable organic emissions whenthe device is secured in the closed position. Thesettings at which the device opens shall beestablished such that the device remains in theclosed position whenever the tank internalpressure is within the internal pressure operatingrange determined by the owner or operator based onthe tank manufacturer recommendations, applicableregulations, fire protection and prevention codes,standard engineering codes and practices, or otherrequirements for the safe handling of flammable,ignitable, explosive, reactive, or hazardousmaterials. Examples of normal operating conditionsthat may require these devices to open are duringthose times when the tank internal pressureexceeds the internal pressure operating range forthe tank as a result of loading operations ordiurnal ambient temperature fluctuations.

(iii) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(4) The owner or operator shall inspect the air emissioncontrol equipment in accordance with the followingrequirements. (i) The fixed roof and its closure devices shall be

visually inspected by the owner or operator tocheck for defects that could result in airpollutant emissions. Defects include, but are notlimited to, visible cracks, holes, or gaps in theroof sections or between the roof and the tankwall; broken, cracked, or otherwise damaged sealsor gaskets on closure devices; and broken ormissing hatches, access covers, caps, or otherclosure devices.

(ii) The owner or operator shall perform an initialinspection of the fixed roof and its closuredevices on or before the date that the tankbecomes subject to this section. Thereafter, theowner or operator shall perform the inspections atleast once every year except under the specialconditions provided for in subsection (l).

264-314

§11-264-1084

(iii) In the event that a defect is detected, the owneror operator shall repair the defect in accordancewith the requirements of subsection (k).

(iv) The owner or operator shall maintain a record ofthe inspection in accordance with the requirementsspecified in section 11-264-1089(b).

(d) Owners and operators controlling air pollutantemissions from a tank using Tank Level 2 controls shall use oneof the following tanks:

(1) A fixed-roof tank equipped with an internal floatingroof in accordance with the requirements specified insubsection (e);

(2) A tank equipped with an external floating roof inaccordance with the requirements specified insubsection (f);

(3) A tank vented through a closed-vent system to a controldevice in accordance with the requirements specified insubsection (g);

(4) A pressure tank designed and operated in accordancewith the requirements specified in subsection (h); or

(5) A tank located inside an enclosure that is ventedthrough a closed-vent system to an enclosed combustioncontrol device in accordance with the requirementsspecified in subsection (i).

(e) The owner or operator who controls air pollutantemissions from a tank using a fixed roof with an internalfloating roof shall meet the requirements specified in paragraphs(e)(1) through (e)(3).

(1) The tank shall be equipped with a fixed roof and aninternal floating roof in accordance with the followingrequirements: (i) The internal floating roof shall be designed to

float on the liquid surface except when thefloating roof must be supported by the legsupports.

(ii) The internal floating roof shall be equipped witha continuous seal between the wall of the tank andthe floating roof edge that meets either of thefollowing requirements:(A) A single continuous seal that is either a

liquid-mounted seal or a metallic shoe seal,as defined in section 11-265-1081; or

(B) Two continuous seals mounted one above theother. The lower seal may be a vapor-mountedseal.

(iii) The internal floating roof shall meet thefollowing specifications:(A) Each opening in a noncontact internal

floating roof except for automatic bleedervents (vacuum breaker vents) and the rim

264-315

§11-264-1084

space vents is to provide a projection belowthe liquid surface.

(B) Each opening in the internal floating roofshall be equipped with a gasketed cover or agasketed lid except for leg sleeves,automatic bleeder vents, rim space vents,column wells, ladder wells, sample wells, andstub drains.

(C) Each penetration of the internal floatingroof for the purpose of sampling shall have aslit fabric cover that covers at least 90percent of the opening.

(D) Each automatic bleeder vent and rim spacevent shall be gasketed.

(E) Each penetration of the internal floatingroof that allows for passage of a laddershall have a gasketed sliding cover.

(F) Each penetration of the internal floatingroof that allows for passage of a columnsupporting the fixed roof shall have aflexible fabric sleeve seal or a gasketedsliding cover.

(2) The owner or operator shall operate the tank inaccordance with the following requirements: (i) When the floating roof is resting on the leg

supports, the process of filling, emptying, orrefilling shall be continuous and shall becompleted as soon as practical.

(ii) Automatic bleeder vents are to be set closed atall times when the roof is floating, except whenthe roof is being floated off or is being landedon the leg supports.

(iii) Prior to filling the tank, each cover, accesshatch, gauge float well or lid on any opening inthe internal floating roof shall be bolted orfastened closed (i.e., no visible gaps). Rim spacevents are to be set to open only when the internalfloating roof is not floating or when the pressurebeneath the rim exceeds the manufacturer'srecommended setting.

(3) The owner or operator shall inspect the internalfloating roof in accordance with the proceduresspecified as follows: (i) The floating roof and its closure devices shall be

visually inspected by the owner or operator tocheck for defects that could result in airpollutant emissions. Defects include, but are notlimited to: The internal floating roof is notfloating on the surface of the liquid inside thetank; liquid has accumulated on top of the

264-316

§11-264-1084

internal floating roof; any portion of the roofseals have detached from the roof rim; holes,tears, or other openings are visible in the sealfabric; the gaskets no longer close off thehazardous waste surface from the atmosphere; orthe slotted membrane has more than 10 percent openarea.

(ii) The owner or operator shall inspect the internalfloating roof components as follows except asprovided in subparagraph (e)(3)(iii):(A) Visually inspect the internal floating roof

components through openings on the fixed-roof(e.g., manholes and roof hatches) at leastonce every 12 months after initial fill, and

(B) Visually inspect the internal floating roof,primary seal, secondary seal (if one is inservice), gaskets, slotted membranes, andsleeve seals (if any) each time the tank isemptied and degassed and at least every 10years.

(iii) As an alternative to performing the inspectionsspecified in subparagraph (e)(3)(ii) for aninternal floating roof equipped with twocontinuous seals mounted one above the other, theowner or operator may visually inspect theinternal floating roof, primary and secondaryseals, gaskets, slotted membranes, and sleeveseals (if any) each time the tank is emptied anddegassed and at least every 5 years.

(iv) Prior to each inspection required by subparagraph(e)(3)(ii) or (e)(3)(iii), the owner or operatorshall notify the director in advance of eachinspection to provide the director with theopportunity to have an observer present during theinspection. The owner or operator shall notify thedirector of the date and location of theinspection as follows:(A) Prior to each visual inspection of an

internal floating roof in a tank that hasbeen emptied and degassed, writtennotification shall be prepared and sent bythe owner or operator so that it is receivedby the director at least 30 calendar daysbefore refilling the tank except when aninspection is not planned as provided for inclause (e)(3)(iv)(B).

(B) When a visual inspection is not planned andthe owner or operator could not have knownabout the inspection 30 calendar days beforerefilling the tank, the owner or operator

264-317

§11-264-1084

shall notify the director as soon aspossible, but no later than 7 calendar daysbefore refilling of the tank. Thisnotification may be made by telephone andimmediately followed by a written explanationfor why the inspection is unplanned.Alternatively, written notification,including the explanation for the unplannedinspection, may be sent so that it isreceived by the director at least 7 calendardays before refilling the tank.

(v) In the event that a defect is detected, the owneror operator shall repair the defect in accordancewith the requirements of subsection (k).

(vi) The owner or operator shall maintain a record ofthe inspection in accordance with the requirementsspecified in section 11-264-1089(b).

(4) Safety devices, as defined in section 11-265-1081, maybe installed and operated as necessary on any tankcomplying with the requirements of subsection (e).

(f) The owner or operator who controls air pollutantemissions from a tank using an external floating roof shall meetthe requirements specified in paragraphs (f)(1) through (f)(3).

(1) The owner or operator shall design the externalfloating roof in accordance with the followingrequirements: (i) The external floating roof shall be designed to

float on the liquid surface except when thefloating roof must be supported by the legsupports.

(ii) The floating roof shall be equipped with twocontinuous seals, one above the other, between thewall of the tank and the roof edge. The lower sealis referred to as the primary seal, and the upperseal is referred to as the secondary seal.(A) The primary seal shall be a liquid-mounted

seal or a metallic shoe seal, as defined insection 11-265-1081. The total area of thegaps between the tank wall and the primaryseal shall not exceed 212 square centimeters(cm2) per meter of tank diameter, and thewidth of any portion of these gaps shall notexceed 3.8 centimeters (cm). If a metallicshoe seal is used for the primary seal, themetallic shoe seal shall be designed so thatone end extends into the liquid in the tankand the other end extends a vertical distanceof at least 61 centimeters above the liquidsurface.

264-318

§11-264-1084

(B) The secondary seal shall be mounted above theprimary seal and cover the annular spacebetween the floating roof and the wall of thetank. The total area of the gaps between thetank wall and the secondary seal shall notexceed 21.2 square centimeters (cm2) permeter of tank diameter, and the width of anyportion of these gaps shall not exceed 1.3centimeters (cm).

(iii) The external floating roof shall meet thefollowing specifications:(A) Except for automatic bleeder vents (vacuum

breaker vents) and rim space vents, eachopening in a noncontact external floatingroof shall provide a projection below theliquid surface.

(B) Except for automatic bleeder vents, rim spacevents, roof drains, and leg sleeves, eachopening in the roof shall be equipped with agasketed cover, seal, or lid.

(C) Each access hatch and each gauge float wellshall be equipped with a cover designed to bebolted or fastened when the cover is securedin the closed position.

(D) Each automatic bleeder vent and each rimspace vent shall be equipped with a gasket.

(E) Each roof drain that empties into the liquidmanaged in the tank shall be equipped with aslotted membrane fabric cover that covers atleast 90 percent of the area of the opening.

(F) Each unslotted and slotted guide pole wellshall be equipped with a gasketed slidingcover or a flexible fabric sleeve seal.

(G) Each unslotted guide pole shall be equippedwith a gasketed cap on the end of the pole.

(H) Each slotted guide pole shall be equippedwith a gasketed float or other device whichcloses off the liquid surface from theatmosphere.

(I) Each gauge hatch and each sample well shallbe equipped with a gasketed cover.

(2) The owner or operator shall operate the tank inaccordance with the following requirements: (i) When the floating roof is resting on the leg

supports, the process of filling, emptying, orrefilling shall be continuous and shall becompleted as soon as practical.

(ii) Except for automatic bleeder vents, rim spacevents, roof drains, and leg sleeves, each openingin the roof shall be secured and maintained in a

264-319

§11-264-1084

closed position at all times except when theclosure device must be open for access.

(iii) Covers on each access hatch and each gauge floatwell shall be bolted or fastened when secured inthe closed position.

(iv) Automatic bleeder vents shall be set closed at alltimes when the roof is floating, except when theroof is being floated off or is being landed onthe leg supports.

(v) Rim space vents shall be set to open only at thosetimes that the roof is being floated off the roofleg supports or when the pressure beneath the rimseal exceeds the manufacturer's recommendedsetting.

(vi) The cap on the end of each unslotted guide poleshall be secured in the closed position at alltimes except when measuring the level orcollecting samples of the liquid in the tank.

(vii) The cover on each gauge hatch or sample well shallbe secured in the closed position at all timesexcept when the hatch or well must be opened foraccess.

(viii) Both the primary seal and the secondary seal shallcompletely cover the annular space between theexternal floating roof and the wall of the tank ina continuous fashion except during inspections.

(3) The owner or operator shall inspect the externalfloating roof in accordance with the proceduresspecified as follows: (i) The owner or operator shall measure the external

floating roof seal gaps in accordance with thefollowing requirements:(A) The owner or operator shall perform

measurements of gaps between the tank walland the primary seal within 60 calendar daysafter initial operation of the tank followinginstallation of the floating roof and,thereafter, at least once every 5 years.

(B) The owner or operator shall performmeasurements of gaps between the tank walland the secondary seal within 60 calendardays after initial operation of the tankfollowing installation of the floating roofand, thereafter, at least once every year.

(C) If a tank ceases to hold hazardous waste fora period of 1 year or more, subsequentintroduction of hazardous waste into the tankshall be considered an initial operation forthe purposes of clauses (f)(3)(i)(A) and(f)(3)(i)(B).

264-320

§11-264-1084

(D) The owner or operator shall determine thetotal surface area of gaps in the primaryseal and in the secondary seal individuallyusing the following procedure:(1) The seal gap measurements shall be

performed at one or more floating rooflevels when the roof is floating off theroof supports.

(2) Seal gaps, if any, shall be measuredaround the entire perimeter of thefloating roof in each place where a0.32-centimeter (cm) diameter uniformprobe passes freely (without forcing orbinding against the seal) between theseal and the wall of the tank andmeasure the circumferential distance ofeach such location.

(3) For a seal gap measured under paragraph(f)(3), the gap surface area shall bedetermined by using probes of variouswidths to measure accurately the actualdistance from the tank wall to the sealand multiplying each such width by itsrespective circumferential distance.

(4) The total gap area shall be calculatedby adding the gap surface areasdetermined for each identified gaplocation for the primary seal and thesecondary seal individually, and thendividing the sum for each seal type bythe nominal diameter of the tank. Thesetotal gap areas for the primary seal andsecondary seal are then compared to therespective standards for the seal typeas specified in subparagraph (f)(1)(ii).

(E) In the event that the seal gap measurementsdo not conform to the specifications insubparagraph (f)(1)(ii), the owner oroperator shall repair the defect inaccordance with the requirements ofsubsection (k).

(F) The owner or operator shall maintain a recordof the inspection in accordance with therequirements specified in section 11-264-1089(b).

(ii) The owner or operator shall visually inspect theexternal floating roof in accordance with thefollowing requirements:(A) The floating roof and its closure devices

shall be visually inspected by the owner or

264-321

§11-264-1084

operator to check for defects that couldresult in air pollutant emissions. Defectsinclude, but are not limited to: Holes,tears, or other openings in the rim seal orseal fabric of the floating roof; a rim sealdetached from the floating roof; all or aportion of the floating roof deck beingsubmerged below the surface of the liquid inthe tank; broken, cracked, or otherwisedamaged seals or gaskets on closure devices;and broken or missing hatches, access covers,caps, or other closure devices.

(B) The owner or operator shall perform aninitial inspection of the external floatingroof and its closure devices on or before thedate that the tank becomes subject to thissection. Thereafter, the owner or operatorshall perform the inspections at least onceevery year except for the special conditionsprovided for in subsection (l).

(C) In the event that a defect is detected, theowner or operator shall repair the defect inaccordance with the requirements ofsubsection (k).

(D) The owner or operator shall maintain a recordof the inspection in accordance with therequirements specified in section 11-264-1089(b).

(iii) Prior to each inspection required by subparagraph(f)(3)(i) or (f)(3)(ii), the owner or operatorshall notify the director in advance of eachinspection to provide the director with theopportunity to have an observer present during theinspection. The owner or operator shall notify thedirector of the date and location of theinspection as follows:(A) Prior to each inspection to measure external

floating roof seal gaps as required undersubparagraph (f)(3)(i), written notificationshall be prepared and sent by the owner oroperator so that it is received by thedirector at least 30 calendar days before thedate the measurements are scheduled to beperformed.

(B) Prior to each visual inspection of anexternal floating roof in a tank that hasbeen emptied and degassed, writtennotification shall be prepared and sent bythe owner or operator so that it is receivedby the director at least 30 calendar days

264-322

§11-264-1084

before refilling the tank except when aninspection is not planned as provided for inclause (f)(3)(iii)(C).

(C) When a visual inspection is not planned andthe owner or operator could not have knownabout the inspection 30 calendar days beforerefilling the tank, the owner or operatorshall notify the director as soon aspossible, but no later than 7 calendar daysbefore refilling of the tank. Thisnotification may be made by telephone andimmediately followed by a written explanationfor why the inspection is unplanned.Alternatively, written notification,including the explanation for the unplannedinspection, may be sent so that it isreceived by the director at least 7 calendardays before refilling the tank.

(4) Safety devices, as defined in section 11-265-1081, maybe installed and operated as necessary on any tankcomplying with the requirements of subsection (f).

(g) The owner or operator who controls air pollutantemissions from a tank by venting the tank to a control deviceshall meet the requirements specified in paragraphs (g)(1)through (g)(3).

(1) The tank shall be covered by a fixed roof and venteddirectly through a closed-vent system to a controldevice in accordance with the following requirements: (i) The fixed roof and its closure devices shall be

designed to form a continuous barrier over theentire surface area of the liquid in the tank.

(ii) Each opening in the fixed roof not vented to thecontrol device shall be equipped with a closuredevice. If the pressure in the vapor headspaceunderneath the fixed roof is less than atmosphericpressure when the control device is operating, theclosure devices shall be designed to operate suchthat when the closure device is secured in theclosed position there are no visible cracks,holes, gaps, or other open spaces in the closuredevice or between the perimeter of the coveropening and the closure device. If the pressure inthe vapor headspace underneath the fixed roof isequal to or greater than atmospheric pressure whenthe control device is operating, the closuredevice shall be designed to operate with nodetectable organic emissions.

(iii) The fixed roof and its closure devices shall bemade of suitable materials that will minimizeexposure of the hazardous waste to the atmosphere,

264-323

§11-264-1084

to the extent practical, and will maintain theintegrity of the fixed roof and closure devicesthroughout their intended service life. Factors tobe considered when selecting the materials for anddesigning the fixed roof and closure devices shallinclude: Organic vapor permeability, the effectsof any contact with the liquid and its vapormanaged in the tank; the effects of outdoorexposure to wind, moisture, and sunlight; and theoperating practices used for the tank on which thefixed roof is installed.

(iv) The closed-vent system and control device shall bedesigned and operated in accordance with therequirements of section 11-264-1087.

(2) Whenever a hazardous waste is in the tank, the fixedroof shall be installed with each closure devicesecured in the closed position and the vapor headspaceunderneath the fixed roof vented to the control deviceexcept as follows: (i) Venting to the control device is not required, and

opening of closure devices or removal of the fixedroof is allowed at the following times:(A) To provide access to the tank for performing

routine inspection, maintenance, or otheractivities needed for normal operations.Examples of such activities include thosetimes when a worker needs to open a port tosample liquid in the tank, or when a workerneeds to open a hatch to maintain or repairequipment. Following completion of theactivity, the owner or operator shallpromptly secure the closure device in theclosed position or reinstall the cover, asapplicable, to the tank.

(B) To remove accumulated sludge or otherresidues from the bottom of a tank.

(ii) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(3) The owner or operator shall inspect and monitor the airemission control equipment in accordance with thefollowing procedures: (i) The fixed roof and its closure devices shall be

visually inspected by the owner or operator tocheck for defects that could result in airpollutant emissions. Defects include, but are notlimited to, visible cracks, holes, or gaps in theroof sections or between the roof and the tankwall; broken, cracked, or otherwise damaged sealsor gaskets on closure devices; and broken or

264-324

§11-264-1084

missing hatches, access covers, caps, or otherclosure devices.

(ii) The closed-vent system and control device shall beinspected and monitored by the owner or operatorin accordance with the procedures specified insection 11-264-1087.

(iii) The owner or operator shall perform an initialinspection of the air emission control equipmenton or before the date that the tank becomessubject to this section. Thereafter, the owner oroperator shall perform the inspections at leastonce every year except for the special conditionsprovided for in subsection (l).

(iv) In the event that a defect is detected, the owneror operator shall repair the defect in accordancewith the requirements of subsection (k).

(v) The owner or operator shall maintain a record ofthe inspection in accordance with the requirementsspecified in section 11-264-1089(b).

(h) The owner or operator who controls air pollutantemissions by using a pressure tank shall meet the followingrequirements.

(1) The tank shall be designed not to vent to theatmosphere as a result of compression of the vaporheadspace in the tank during filling of the tank to itsdesign capacity.

(2) All tank openings shall be equipped with closuredevices designed to operate with no detectable organicemissions as determined using the procedure specifiedin section 11-264-1083(d).

(3) Whenever a hazardous waste is in the tank, the tankshall be operated as a closed system that does not ventto the atmosphere except in the event that a safetydevice, as defined in section 11-265-1081, is requiredto open to avoid an unsafe condition.

(i) The owner or operator who controls air pollutantemissions by using an enclosure vented through a closed-ventsystem to an enclosed combustion control device shall meet therequirements specified in paragraphs (i)(1) through (i)(4).

(1) The tank shall be located inside an enclosure. Theenclosure shall be designed and operated in accordancewith the criteria for a permanent total enclosure asspecified in "Procedure T--Criteria for andVerification of a Permanent or Temporary TotalEnclosure" under 40 CFR 52.741, appendix B. Theenclosure may have permanent or temporary openings toallow worker access; passage of material into or out ofthe enclosure by conveyor, vehicles, or othermechanical means; entry of permanent mechanical orelectrical equipment; or direct airflow into the

264-325

§11-264-1084

enclosure. The owner or operator shall perform theverification procedure for the enclosure as specifiedin Section 5.0 to "Procedure T--Criteria for andVerification of a Permanent or Temporary TotalEnclosure" initially when the enclosure is firstinstalled and, thereafter, annually.

(2) The enclosure shall be vented through a closed-ventsystem to an enclosed combustion control device that isdesigned and operated in accordance with the standardsfor either a vapor incinerator, boiler, or processheater specified in section 11-264-1087.

(3) Safety devices, as defined in section 11-265-1081, maybe installed and operated as necessary on anyenclosure, closed-vent system, or control device usedto comply with the requirements of paragraphs (i)(1)and (i)(2).

(4) The owner or operator shall inspect and monitor theclosed-vent system and control device as specified insection 11-264-1087.

(j) The owner or operator shall transfer hazardous waste toa tank subject to this section in accordance with the followingrequirements:

(1) Transfer of hazardous waste, except as provided inparagraph (j)(2), to the tank from another tank subjectto this section or from a surface impoundment subjectto section 11-264-1085 shall be conducted usingcontinuous hard-piping or another closed system thatdoes not allow exposure of the hazardous waste to theatmosphere. For the purpose of complying with thisprovision, an individual drain system is considered tobe a closed system when it meets the requirements of 40CFR part 63, subpart RR--National Emission Standardsfor Individual Drain Systems.

(2) The requirements of paragraph (j)(1) do not apply whentransferring a hazardous waste to the tank under any ofthe following conditions: (i) The hazardous waste meets the average VO

concentration conditions specified in section 11-264-1082(c)(1) at the point of waste origination.

(ii) The hazardous waste has been treated by an organicdestruction or removal process to meet therequirements in section 11-264-1082(c)(2).

(iii) The hazardous waste meets the requirements ofsection 11-264-1082(c)(4).

(k) The owner or operator shall repair each defect detectedduring an inspection performed in accordance with therequirements of paragraph (c)(4), (e)(3), (f)(3), or (g)(3) asfollows:

(1) The owner or operator shall make first efforts atrepair of the defect no later than 5 calendar days

264-326

§11-264-1084

after detection, and repair shall be completed as soonas possible but no later than 45 calendar days afterdetection except as provided in paragraph (k)(2).

(2) Repair of a defect may be delayed beyond 45 calendardays if the owner or operator determines that repair ofthe defect requires emptying or temporary removal fromservice of the tank and no alternative tank capacity isavailable at the site to accept the hazardous wastenormally managed in the tank. In this case, the owneror operator shall repair the defect the next time theprocess or unit that is generating the hazardous wastemanaged in the tank stops operation. Repair of thedefect shall be completed before the process or unitresumes operation.

(l) Following the initial inspection and monitoring of thecover as required by the applicable provisions of thissubchapter, subsequent inspection and monitoring may be performedat intervals longer than 1 year under the following specialconditions:

(1) In the case when inspecting or monitoring the coverwould expose a worker to dangerous, hazardous, or otherunsafe conditions, then the owner or operator maydesignate a cover as an "unsafe to inspect and monitorcover" and comply with all of the followingrequirements: (i) Prepare a written explanation for the cover

stating the reasons why the cover is unsafe tovisually inspect or to monitor, if required.

(ii) Develop and implement a written plan and scheduleto inspect and monitor the cover, using theprocedures specified in the applicable section ofthis subchapter, as frequently as practicableduring those times when a worker can safely accessthe cover.

(2) In the case when a tank is buried partially or entirelyunderground, an owner or operator is required toinspect and monitor, as required by the applicableprovisions of this section, only those portions of thetank cover and those connections to the tank (e.g.,fill ports, access hatches, gauge wells, etc.) that arelocated on or above the ground surface. [Eff 3/13/99;comp ] (Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1084)

§11-264-1085 Standards: Surface impoundments. (a) Theprovisions of this section apply to the control of air pollutantemissions from surface impoundments for which section 11-264-1082(b) references the use of this section for such air emissioncontrol.

264-327

§11-264-1084

(b) The owner or operator shall control air pollutantemissions from the surface impoundment by installing andoperating either of the following:

(1) A floating membrane cover in accordance with theprovisions specified in subsection (c); or

(2) A cover that is vented through a closed-vent system toa control device in accordance with the provisionsspecified in subsection (d).

(c) The owner or operator who controls air pollutantemissions from a surface impoundment using a floating membranecover shall meet the requirements specified in paragraphs (c)(1)through (c)(3).

(1) The surface impoundment shall be equipped with afloating membrane cover designed to meet the followingspecifications: (i) The floating membrane cover shall be designed to

float on the liquid surface during normaloperations and form a continuous barrier over theentire surface area of the liquid.

(ii) The cover shall be fabricated from a syntheticmembrane material that is either:(A) High density polyethylene (HDPE) with a

thickness no less than 2.5 millimeters (mm);or

(B) A material or a composite of differentmaterials determined to have both organicpermeability properties that are equivalentto those of the material listed in clause(c)(1)(ii)(A) and chemical and physicalproperties that maintain the materialintegrity for the intended service life ofthe material.

(iii) The cover shall be installed in a manner such thatthere are no visible cracks, holes, gaps, or otheropen spaces between cover section seams or betweenthe interface of the cover edge and its foundationmountings.

(iv) Except as provided for in subparagraph (c)(1)(v),each opening in the floating membrane cover shallbe equipped with a closure device designed tooperate such that when the closure device issecured in the closed position there are novisible cracks, holes, gaps, or other open spacesin the closure device or between the perimeter ofthe cover opening and the closure device.

(v) The floating membrane cover may be equipped withone or more emergency cover drains for removal ofstormwater. Each emergency cover drain shall beequipped with a slotted membrane fabric cover that

264-328

§11-264-1085

covers at least 90 percent of the area of theopening or a flexible fabric sleeve seal.

(vi) The closure devices shall be made of suitablematerials that will minimize exposure of thehazardous waste to the atmosphere, to the extentpractical, and will maintain the integrity of theclosure devices throughout their intended servicelife. Factors to be considered when selecting thematerials of construction and designing the coverand closure devices shall include: Organic vaporpermeability; the effects of any contact with theliquid and its vapor managed in the surfaceimpoundment; the effects of outdoor exposure towind, moisture, and sunlight; and the operatingpractices used for the surface impoundment onwhich the floating membrane cover is installed.

(2) Whenever a hazardous waste is in the surfaceimpoundment, the floating membrane cover shall float onthe liquid and each closure device shall be secured inthe closed position except as follows: (i) Opening of closure devices or removal of the cover

is allowed at the following times:(A) To provide access to the surface impoundment

for performing routine inspection,maintenance, or other activities needed fornormal operations. Examples of suchactivities include those times when a workerneeds to open a port to sample the liquid inthe surface impoundment, or when a workerneeds to open a hatch to maintain or repairequipment. Following completion of theactivity, the owner or operator shallpromptly replace the cover and secure theclosure device in the closed position, asapplicable.

(B) To remove accumulated sludge or otherresidues from the bottom of surfaceimpoundment.

(ii) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(3) The owner or operator shall inspect the floatingmembrane cover in accordance with the followingprocedures: (i) The floating membrane cover and its closure

devices shall be visually inspected by the owneror operator to check for defects that could resultin air pollutant emissions. Defects include, butare not limited to, visible cracks, holes, or gapsin the cover section seams or between the

264-329

§11-264-1085

interface of the cover edge and its foundationmountings; broken, cracked, or otherwise damagedseals or gaskets on closure devices; and broken ormissing hatches, access covers, caps, or otherclosure devices.

(ii) The owner or operator shall perform an initialinspection of the floating membrane cover and itsclosure devices on or before the date that thesurface impoundment becomes subject to thissection. Thereafter, the owner or operator shallperform the inspections at least once every yearexcept for the special conditions provided for insubsection (g).

(iii) In the event that a defect is detected, the owneror operator shall repair the defect in accordancewith the requirements of subsection (f).

(iv) The owner or operator shall maintain a record ofthe inspection in accordance with the requirementsspecified in section 11-264-1089(c).

(d) The owner or operator who controls air pollutantemissions from a surface impoundment using a cover vented to acontrol device shall meet the requirements specified inparagraphs (d)(1) through (d)(3).

(1) The surface impoundment shall be covered by a cover andvented directly through a closed-vent system to acontrol device in accordance with the followingrequirements: (i) The cover and its closure devices shall be

designed to form a continuous barrier over theentire surface area of the liquid in the surfaceimpoundment.

(ii) Each opening in the cover not vented to thecontrol device shall be equipped with a closuredevice. If the pressure in the vapor headspaceunderneath the cover is less than atmosphericpressure when the control device is operating, theclosure devices shall be designed to operate suchthat when the closure device is secured in theclosed position there are no visible cracks,holes, gaps, or other open spaces in the closuredevice or between the perimeter of the coveropening and the closure device. If the pressure inthe vapor headspace underneath the cover is equalto or greater than atmospheric pressure when thecontrol device is operating, the closure deviceshall be designed to operate with no detectableorganic emissions using the procedure specified insection 11-264-1083(d).

(iii) The cover and its closure devices shall be made ofsuitable materials that will minimize exposure of

264-330

§11-264-1085

the hazardous waste to the atmosphere, to theextent practical, and will maintain the integrityof the cover and closure devices throughout theirintended service life. Factors to be consideredwhen selecting the materials of construction anddesigning the cover and closure devices shallinclude: Organic vapor permeability; the effectsof any contact with the liquid or its vaporsmanaged in the surface impoundment; the effects ofoutdoor exposure to wind, moisture, and sunlight;and the operating practices used for the surfaceimpoundment on which the cover is installed.

(iv) The closed-vent system and control device shall bedesigned and operated in accordance with therequirements of section 11-264-1087.

(2) Whenever a hazardous waste is in the surfaceimpoundment, the cover shall be installed with eachclosure device secured in the closed position and thevapor headspace underneath the cover vented to thecontrol device except as follows: (i) Venting to the control device is not required, and

opening of closure devices or removal of the coveris allowed at the following times:(A) To provide access to the surface impoundment

for performing routine inspection,maintenance, or other activities needed fornormal operations. Examples of suchactivities include those times when a workerneeds to open a port to sample liquid in thesurface impoundment, or when a worker needsto open a hatch to maintain or repairequipment. Following completion of theactivity, the owner or operator shallpromptly secure the closure device in theclosed position or reinstall the cover, asapplicable, to the surface impoundment.

(B) To remove accumulated sludge or otherresidues from the bottom of the surfaceimpoundment.

(ii) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(3) The owner or operator shall inspect and monitor the airemission control equipment in accordance with thefollowing procedures: (i) The surface impoundment cover and its closure

devices shall be visually inspected by the owneror operator to check for defects that could resultin air pollutant emissions. Defects include, butare not limited to, visible cracks, holes, or gaps

264-331

§11-264-1085

in the cover section seams or between theinterface of the cover edge and its foundationmountings; broken, cracked, or otherwise damagedseals or gaskets on closure devices; and broken ormissing hatches, access covers, caps, or otherclosure devices.

(ii) The closed-vent system and control device shall beinspected and monitored by the owner or operatorin accordance with the procedures specified insection 11-264-1087.

(iii) The owner or operator shall perform an initialinspection of the air emission control equipmenton or before the date that the surface impoundmentbecomes subject to this section. Thereafter, theowner or operator shall perform the inspections atleast once every year except for the specialconditions provided for in subsection (g).

(iv) In the event that a defect is detected, the owneror operator shall repair the defect in accordancewith the requirements of subsection (f).

(v) The owner or operator shall maintain a record ofthe inspection in accordance with the requirementsspecified in section 11-264-1089(c).

(e) The owner or operator shall transfer hazardous waste toa surface impoundment subject to this section in accordance withthe following requirements:

(1) Transfer of hazardous waste, except as provided inparagraph (e)(2), to the surface impoundment fromanother surface impoundment subject to this section orfrom a tank subject to section 11-264-1084 shall beconducted using continuous hard-piping or anotherclosed system that does not allow exposure of the wasteto the atmosphere. For the purpose of complying withthis provision, an individual drain system isconsidered to be a closed system when it meets therequirements of 40 CFR part 63, subpart RR--NationalEmission Standards for Individual Drain Systems.

(2) The requirements of paragraph (e)(1) do not apply whentransferring a hazardous waste to the surfaceimpoundment under either of the following conditions: (i) The hazardous waste meets the average VO

concentration conditions specified in section 11-264-1082(c)(1) at the point of waste origination.

(ii) The hazardous waste has been treated by an organicdestruction or removal process to meet therequirements in section 11-264-1082(c)(2).

(iii) The hazardous waste meets the requirements ofsection 11-264-1082(c)(4).

264-332

§11-264-1085

(f) The owner or operator shall repair each defect detectedduring an inspection performed in accordance with therequirements of paragraph (c)(3) or (d)(3) as follows:

(1) The owner or operator shall make first efforts atrepair of the defect no later than 5 calendar daysafter detection and repair shall be completed as soonas possible but no later than 45 calendar days afterdetection except as provided in paragraph (f)(2).

(2) Repair of a defect may be delayed beyond 45 calendardays if the owner or operator determines that repair ofthe defect requires emptying or temporary removal fromservice of the surface impoundment and no alternativecapacity is available at the site to accept thehazardous waste normally managed in the surfaceimpoundment. In this case, the owner or operator shallrepair the defect the next time the process or unitthat is generating the hazardous waste managed in thesurface impoundment stops operation. Repair of thedefect shall be completed before the process or unitresumes operation.

(g) Following the initial inspection and monitoring of thecover as required by the applicable provisions of thissubchapter, subsequent inspection and monitoring may be performedat intervals longer than 1 year in the case when inspecting ormonitoring the cover would expose a worker to dangerous,hazardous, or other unsafe conditions. In this case, the owner oroperator may designate the cover as an "unsafe to inspect andmonitor cover" and comply with all of the following requirements:

(1) Prepare a written explanation for the cover stating thereasons why the cover is unsafe to visually inspect orto monitor, if required.

(2) Develop and implement a written plan and schedule toinspect and monitor the cover using the proceduresspecified in the applicable section of this subchapteras frequently as practicable during those times when aworker can safely access the cover. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: 40 C.F.R. §264.1085)

§11-264-1086 Standards: Containers. (a) The provisions ofthis section apply to the control of air pollutant emissions fromcontainers for which section 11-264-1082(b) references the use ofthis section for such air emission control.

(b) General requirements. (1) The owner or operator shall control air pollutant

emissions from each container subject to this sectionin accordance with the following requirements, asapplicable to the container, except when the special

264-333

§11-264-1085

provisions for waste stabilization processes specifiedin paragraph (b)(2) apply to the container. (i) For a container having a design capacity greater

than 0.1 m3 and less than or equal to 0.46 m3, theowner or operator shall control air pollutantemissions from the container in accordance withthe Container Level 1 standards specified insubsection (c).

(ii) For a container having a design capacity greaterthan 0.46 m3 that is not in light materialservice, the owner or operator shall control airpollutant emissions from the container inaccordance with the Container Level 1 standardsspecified in subsection (c).

(iii) For a container having a design capacity greaterthan 0.46 m3 that is in light material service,the owner or operator shall control air pollutantemissions from the container in accordance withthe Container Level 2 standards specified insubsection (d).

(2) When a container having a design capacity greater than0.1 m3 is used for treatment of a hazardous waste by awaste stabilization process, the owner or operatorshall control air pollutant emissions from thecontainer in accordance with the Container Level 3standards specified in subsection (e) at those timesduring the waste stabilization process when thehazardous waste in the container is exposed to theatmosphere.

(c) Container Level 1 standards. (1) A container using Container Level 1 controls is one of

the following: (i) A container that meets the applicable U.S.

Department of Transportation (DOT) regulations onpackaging hazardous materials for transportationas specified in subsection (f).

(ii) A container equipped with a cover and closuredevices that form a continuous barrier over thecontainer openings such that when the cover andclosure devices are secured in the closed positionthere are no visible holes, gaps, or other openspaces into the interior of the container. Thecover may be a separate cover installed on thecontainer (e.g., a lid on a drum or a suitablysecured tarp on a roll-off box) or may be anintegral part of the container structural design(e.g., a "portable tank" or bulk cargo containerequipped with a screw-type cap).

(iii) An open-top container in which an organic-vaporsuppressing barrier is placed on or over the

264-334

§11-264-1086

hazardous waste in the container such that nohazardous waste is exposed to the atmosphere. Oneexample of such a barrier is application of asuitable organic-vapor suppressing foam.

(2) A container used to meet the requirements ofsubparagraph (c)(1)(ii) or (c)(1)(iii) shall beequipped with covers and closure devices, as applicableto the container, that are composed of suitablematerials to minimize exposure of the hazardous wasteto the atmosphere and to maintain the equipmentintegrity, for as long as the container is in service.Factors to be considered in selecting the materials ofconstruction and designing the cover and closuredevices shall include: Organic vapor permeability; theeffects of contact with the hazardous waste or itsvapor managed in the container; the effects of outdoorexposure of the closure device or cover material towind, moisture, and sunlight; and the operatingpractices for which the container is intended to beused.

(3) Whenever a hazardous waste is in a container usingContainer Level 1 controls, the owner or operator shallinstall all covers and closure devices for thecontainer, as applicable to the container, and secureand maintain each closure device in the closed positionexcept as follows: (i) Opening of a closure device or cover is allowed

for the purpose of adding hazardous waste or othermaterial to the container as follows:(A) In the case when the container is filled to

the intended final level in one continuousoperation, the owner or operator shallpromptly secure the closure devices in theclosed position and install the covers, asapplicable to the container, upon conclusionof the filling operation.

(B) In the case when discrete quantities orbatches of material intermittently are addedto the container over a period of time, theowner or operator shall promptly secure theclosure devices in the closed position andinstall covers, as applicable to thecontainer, upon either the container beingfilled to the intended final level; thecompletion of a batch loading after which noadditional material will be added to thecontainer within 15 minutes; the personperforming the loading operation leaving theimmediate vicinity of the container; or theshutdown of the process generating the

264-335

§11-264-1086

material being added to the container,whichever condition occurs first.

(ii) Opening of a closure device or cover is allowedfor the purpose of removing hazardous waste fromthe container as follows:(A) For the purpose of meeting the requirements

of this section, an empty container asdefined in section 11-261-7(b) may be open tothe atmosphere at any time (i.e., covers andclosure devices are not required to besecured in the closed position on an emptycontainer).

(B) In the case when discrete quantities orbatches of material are removed from thecontainer but the container does not meet theconditions to be an empty container asdefined in section 11-261-7(b), the owner oroperator shall promptly secure the closuredevices in the closed position and installcovers, as applicable to the container, uponthe completion of a batch removal after whichno additional material will be removed fromthe container within 15 minutes or the personperforming the unloading operation leaves theimmediate vicinity of the container,whichever condition occurs first.

(iii) Opening of a closure device or cover is allowedwhen access inside the container is needed toperform routine activities other than transfer ofhazardous waste. Examples of such activitiesinclude those times when a worker needs to open aport to measure the depth of or sample thematerial in the container, or when a worker needsto open a manhole hatch to access equipment insidethe container. Following completion of theactivity, the owner or operator shall promptlysecure the closure device in the closed positionor reinstall the cover, as applicable to thecontainer.

(iv) Opening of a spring-loaded pressure-vacuum reliefvalve, conservation vent, or similar type ofpressure relief device which vents to theatmosphere is allowed during normal operations forthe purpose of maintaining the internal pressureof the container in accordance with the containerdesign specifications. The device shall bedesigned to operate with no detectable organicemissions when the device is secured in the closedposition. The settings at which the device opensshall be established such that the device remains

264-336

§11-264-1086

in the closed position whenever the internalpressure of the container is within the internalpressure operating range determined by the owneror operator based on container manufacturerrecommendations, applicable regulations, fireprotection and prevention codes, standardengineering codes and practices, or otherrequirements for the safe handling of flammable,ignitable, explosive, reactive, or hazardousmaterials. Examples of normal operating conditionsthat may require these devices to open are duringthose times when the internal pressure of thecontainer exceeds the internal pressure operatingrange for the container as a result of loadingoperations or diurnal ambient temperaturefluctuations.

(v) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(4) The owner or operator of containers using ContainerLevel 1 controls shall inspect the containers and theircovers and closure devices as follows: (i) In the case when a hazardous waste already is in

the container at the time the owner or operatorfirst accepts possession of the container at thefacility and the container is not emptied within24 hours after the container is accepted at thefacility (i.e., does not meet the conditions foran empty container as specified in section 11-261-7(b)), the owner or operator shall visuallyinspect the container and its cover and closuredevices to check for visible cracks, holes, gaps,or other open spaces into the interior of thecontainer when the cover and closure devices aresecured in the closed position. The containervisual inspection shall be conducted on or beforethe date that the container is accepted at thefacility (i.e., the date the container becomessubject to the subchapter CC container standards).For purposes of this requirement, the date ofacceptance is the date of signature that thefacility owner or operator enters on Item 20 ofthe Uniform Hazardous Waste Manifest in theappendix to chapter 11-262 (EPA Forms 8700-22 and8700-22A), as required under subchapter E, atsection 11-264-71. If a defect is detected, theowner or operator shall repair the defect inaccordance with the requirements of subparagraph(c)(4)(iii).

264-337

§11-264-1086

(ii) In the case when a container used for managinghazardous waste remains at the facility for aperiod of 1 year or more, the owner or operatorshall visually inspect the container and its coverand closure devices initially and thereafter, atleast once every 12 months, to check for visiblecracks, holes, gaps, or other open spaces into theinterior of the container when the cover andclosure devices are secured in the closedposition. If a defect is detected, the owner oroperator shall repair the defect in accordancewith the requirements of subparagraph (c)(4)(iii).

(iii) When a defect is detected for the container,cover, or closure devices, the owner or operatorshall make first efforts at repair of the defectno later than 24 hours after detection and repairshall be completed as soon as possible but nolater than 5 calendar days after detection. Ifrepair of a defect cannot be completed within 5calendar days, then the hazardous waste shall beremoved from the container and the container shallnot be used to manage hazardous waste until thedefect is repaired.

(5) The owner or operator shall maintain at the facility acopy of the procedure used to determine that containerswith capacity of 0.46 m3 or greater, which do not meetapplicable DOT regulations as specified in subsection(f), are not managing hazardous waste in light materialservice.

(d) Container Level 2 standards.(1) A container using Container Level 2 controls is one of

the following: (i) A container that meets the applicable U.S.

Department of Transportation (DOT) regulations onpackaging hazardous materials for transportationas specified in subsection (f).

(ii) A container that operates with no detectableorganic emissions as defined in section 11-265-1081 and determined in accordance with theprocedure specified in subsection (g).

(iii) A container that has been demonstrated within thepreceding 12 months to be vapor-tight by using 40CFR part 60, appendix A, Method 27 in accordancewith the procedure specified in subsection (h).

(2) Transfer of hazardous waste in or out of a containerusing Container Level 2 controls shall be conducted insuch a manner as to minimize exposure of the hazardouswaste to the atmosphere, to the extent practical,considering the physical properties of the hazardouswaste and good engineering and safety practices for

264-338

§11-264-1086

handling flammable, ignitable, explosive, reactive, orother hazardous materials. Examples of containerloading procedures that DOH considers to meet therequirements of this paragraph include using any one ofthe following: A submerged-fill pipe or othersubmerged-fill method to load liquids into thecontainer; a vapor-balancing system or a vapor-recoverysystem to collect and control the vapors displaced fromthe container during filling operations; or a fittedopening in the top of a container through which thehazardous waste is filled and subsequently purging thetransfer line before removing it from the containeropening.

(3) Whenever a hazardous waste is in a container usingContainer Level 2 controls, the owner or operator shallinstall all covers and closure devices for thecontainer, and secure and maintain each closure devicein the closed position except as follows: (i) Opening of a closure device or cover is allowed

for the purpose of adding hazardous waste or othermaterial to the container as follows:(A) In the case when the container is filled to

the intended final level in one continuousoperation, the owner or operator shallpromptly secure the closure devices in theclosed position and install the covers, asapplicable to the container, upon conclusionof the filling operation.

(B) In the case when discrete quantities orbatches of material intermittently are addedto the container over a period of time, theowner or operator shall promptly secure theclosure devices in the closed position andinstall covers, as applicable to thecontainer, upon either the container beingfilled to the intended final level; thecompletion of a batch loading after which noadditional material will be added to thecontainer within 15 minutes; the personperforming the loading operation leaving theimmediate vicinity of the container; or theshutdown of the process generating thematerial being added to the container,whichever condition occurs first.

(ii) Opening of a closure device or cover is allowedfor the purpose of removing hazardous waste fromthe container as follows:(A) For the purpose of meeting the requirements

of this section, an empty container asdefined in section 11-261-7(b) may be open to

264-339

§11-264-1086

the atmosphere at any time (i.e., covers andclosure devices are not required to besecured in the closed position on an emptycontainer).

(B) In the case when discrete quantities orbatches of material are removed from thecontainer but the container does not meet theconditions to be an empty container asdefined in section 11-261-7(b), the owner oroperator shall promptly secure the closuredevices in the closed position and installcovers, as applicable to the container, uponthe completion of a batch removal after whichno additional material will be removed fromthe container within 15 minutes or the personperforming the unloading operation leaves theimmediate vicinity of the container,whichever condition occurs first.

(iii) Opening of a closure device or cover is allowedwhen access inside the container is needed toperform routine activities other than transfer ofhazardous waste. Examples of such activitiesinclude those times when a worker needs to open aport to measure the depth of or sample thematerial in the container, or when a worker needsto open a manhole hatch to access equipment insidethe container. Following completion of theactivity, the owner or operator shall promptlysecure the closure device in the closed positionor reinstall the cover, as applicable to thecontainer.

(iv) Opening of a spring-loaded, pressure-vacuum reliefvalve, conservation vent, or similar type ofpressure relief device which vents to theatmosphere is allowed during normal operations forthe purpose of maintaining the internal pressureof the container in accordance with the containerdesign specifications. The device shall bedesigned to operate with no detectable organicemission when the device is secured in the closedposition. The settings at which the device opensshall be established such that the device remainsin the closed position whenever the internalpressure of the container is within the internalpressure operating range determined by the owneror operator based on container manufacturerrecommendations, applicable regulations, fireprotection and prevention codes, standardengineering codes and practices, or otherrequirements for the safe handling of flammable,

264-340

§11-264-1086

ignitable, explosive, reactive, or hazardousmaterials. Examples of normal operating conditionsthat may require these devices to open are duringthose times when the internal pressure of thecontainer exceeds the internal pressure operatingrange for the container as a result of loadingoperations or diurnal ambient temperaturefluctuations.

(v) Opening of a safety device, as defined in section11-265-1081, is allowed at any time conditionsrequire doing so to avoid an unsafe condition.

(4) The owner or operator of containers using ContainerLevel 2 controls shall inspect the containers and theircovers and closure devices as follows: (i) In the case when a hazardous waste already is in

the container at the time the owner or operatorfirst accepts possession of the container at thefacility and the container is not emptied within24 hours after the container is accepted at thefacility (i.e., does not meet the conditions foran empty container as specified in section 11-261-7(b)), the owner or operator shall visuallyinspect the container and its cover and closuredevices to check for visible cracks, holes, gaps,or other open spaces into the interior of thecontainer when the cover and closure devices aresecured in the closed position. The containervisual inspection shall be conducted on or beforethe date that the container is accepted at thefacility (i.e., the date the container becomessubject to the subchapter CC container standards).For purposes of this requirement, the date ofacceptance is the date of signature that thefacility owner or operator enters on Item 20 ofthe Uniform Hazardous Waste Manifest in theappendix to chapter 11-262 (EPA Forms 8700-22 and8700-22A), as required under subchapter E, atsection 11-264-71. If a defect is detected, theowner or operator shall repair the defect inaccordance with the requirements of subparagraph(d)(4)(iii).

(ii) In the case when a container used for managinghazardous waste remains at the facility for aperiod of 1 year or more, the owner or operatorshall visually inspect the container and its coverand closure devices initially and thereafter, atleast once every 12 months, to check for visiblecracks, holes, gaps, or other open spaces into theinterior of the container when the cover andclosure devices are secured in the closed

264-341

§11-264-1086

position. If a defect is detected, the owner oroperator shall repair the defect in accordancewith the requirements of subparagraph (d)(4)(iii).

(iii) When a defect is detected for the container,cover, or closure devices, the owner or operatorshall make first efforts at repair of the defectno later than 24 hours after detection, and repairshall be completed as soon as possible but nolater than 5 calendar days after detection. Ifrepair of a defect cannot be completed within 5calendar days, then the hazardous waste shall beremoved from the container and the container shallnot be used to manage hazardous waste until thedefect is repaired.

(e) Container Level 3 standards.(1) A container using Container Level 3 controls is one of

the following: (i) A container that is vented directly through a

closed-vent system to a control device inaccordance with the requirements of subparagraph(e)(2)(ii).

(ii) A container that is vented inside an enclosurewhich is exhausted through a closed-vent system toa control device in accordance with therequirements of subparagraphs (e)(2)(i) and(e)(2)(ii).

(2) The owner or operator shall meet the followingrequirements, as applicable to the type of air emissioncontrol equipment selected by the owner or operator: (i) The container enclosure shall be designed and

operated in accordance with the criteria for apermanent total enclosure as specified in"Procedure T--Criteria for and Verification of aPermanent or Temporary Total Enclosure" under 40CFR 52.741, appendix B. The enclosure may havepermanent or temporary openings to allow workeraccess; passage of containers through theenclosure by conveyor or other mechanical means;entry of permanent mechanical or electricalequipment; or direct airflow into the enclosure.The owner or operator shall perform theverification procedure for the enclosure asspecified in Section 5.0 to "Procedure T--Criteriafor and Verification of a Permanent or TemporaryTotal Enclosure" initially when the enclosure isfirst installed and, thereafter, annually.

(ii) The closed-vent system and control device shall bedesigned and operated in accordance with therequirements of section 11-264-1087.

264-342

§11-264-1086

(3) Safety devices, as defined in section 11-265-1081, maybe installed and operated as necessary on anycontainer, enclosure, closed-vent system, or controldevice used to comply with the requirements ofparagraph (e)(1).

(4) Owners and operators using Container Level 3 controlsin accordance with the provisions of this subchaptershall inspect and monitor the closed-vent systems andcontrol devices as specified in section 11-264-1087.

(5) Owners and operators that use Container Level 3controls in accordance with the provisions of thissubchapter shall prepare and maintain the recordsspecified in section 11-264-1089(d).

(f) For the purpose of compliance with subparagraph(c)(1)(i) or (d)(1)(i), containers shall be used that meet theapplicable U.S. Department of Transportation (DOT) regulations onpackaging hazardous materials for transportation as follows:

(1) The container meets the applicable requirementsspecified in 49 CFR part 178--Specifications forPackaging or 49 CFR part 179--Specifications for TankCars.

(2) Hazardous waste is managed in the container inaccordance with the applicable requirements specifiedin 49 CFR part 107, subpart B--Exemptions; 49 CFR part172--Hazardous Materials Table, Special Provisions,Hazardous Materials Communications, Emergency ResponseInformation, and Training Requirements; 49 CFR part173--Shippers--General Requirements for Shipments andPackages; and 49 CFR part 180--Continuing Qualificationand Maintenance of Packagings.

(3) For the purpose of complying with this subchapter, noexceptions to the 49 CFR part 178 or part 179regulations are allowed except as provided for inparagraph (f)(4).

(4) For a lab pack that is managed in accordance with therequirements of 49 CFR part 178 for the purpose ofcomplying with this subchapter, an owner or operatormay comply with the exceptions for combinationpackagings specified in 49 CFR 173.12(b).

(g) To determine compliance with the no detectable organic emissions requirement of subparagraph (d)(1)(ii), the procedurespecified in section 11-264-1083(d) shall be used.

(1) Each potential leak interface (i.e., a location whereorganic vapor leakage could occur) on the container,its cover, and associated closure devices, asapplicable to the container, shall be checked.Potential leak interfaces that are associated withcontainers include, but are not limited to: Theinterface of the cover rim and the container wall; theperiphery of any opening on the container or container

264-343

§11-264-1086

cover and its associated closure device; and thesealing seat interface on a spring-loaded pressure-relief valve.

(2) The test shall be performed when the container isfilled with a material having a volatile organicconcentration representative of the range of volatileorganic concentrations for the hazardous wastesexpected to be managed in this type of container.During the test, the container cover and closuredevices shall be secured in the closed position.

(h) Procedure for determining a container to be vapor-tightusing Method 27 of 40 CFR part 60, appendix A for the purpose ofcomplying with subparagraph (d)(1)(iii).

(1) The test shall be performed in accordance with Method27 of 40 CFR part 60, appendix A.

(2) A pressure measurement device shall be used that has aprecision of ±2.5 mm water and that is capable ofmeasuring above the pressure at which the container isto be tested for vapor tightness.

(3) If the test results determined by Method 27 indicatethat the container sustains a pressure change less thanor equal to 750 Pascals within 5 minutes after it ispressurized to a minimum of 4,500 Pascals, then thecontainer is determined to be vapor-tight. [Eff3/13/99; comp ] (Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1086)

§11-264-1087 Standards: Closed-vent systems and controldevices. (a) This section applies to each closed-vent systemand control device installed and operated by the owner oroperator to control air emissions in accordance with standards ofthis subchapter.

(b) The closed-vent system shall meet the followingrequirements:

(1) The closed-vent system shall route the gases, vapors,and fumes emitted from the hazardous waste in the wastemanagement unit to a control device that meets therequirements specified in subsection (c).

(2) The closed-vent system shall be designed and operatedin accordance with the requirements specified insection 11-264-1033(k).

(3) In the case when the closed-vent system includes bypassdevices that could be used to divert the gas or vaporstream to the atmosphere before entering the controldevice, each bypass device shall be equipped witheither a flow indicator as specified in subparagraph(b)(3)(i) or a seal or locking device as specified insubparagraph (b)(3)(ii). For the purpose of complyingwith this paragraph, low leg drains, high point bleeds,

264-344

§11-264-1087

analyzer vents, open-ended valves or lines, springloaded pressure relief valves, and other fittings usedfor safety purposes are not considered to be bypassdevices. (i) If a flow indicator is used to comply with

paragraph (b)(3), the indicator shall be installedat the inlet to the bypass line used to divertgases and vapors from the closed-vent system tothe atmosphere at a point upstream of the controldevice inlet. For this paragraph, a flow indicatormeans a device which indicates the presence ofeither gas or vapor flow in the bypass line.

(ii) If a seal or locking device is used to comply withparagraph (b)(3), the device shall be placed onthe mechanism by which the bypass device positionis controlled (e.g., valve handle, damper lever)when the bypass device is in the closed positionsuch that the bypass device cannot be openedwithout breaking the seal or removing the lock.Examples of such devices include, but are notlimited to, a car-seal or a lock-and-keyconfiguration valve. The owner or operator shallvisually inspect the seal or closure mechanism atleast once every month to verify that the bypassmechanism is maintained in the closed position.

(4) The closed-vent system shall be inspected and monitoredby the owner or operator in accordance with theprocedure specified in section 11-264-1033(l).

(c) The control device shall meet the followingrequirements:

(1) The control device shall be one of the followingdevices: (i) A control device designed and operated to reduce

the total organic content of the inlet vaporstream vented to the control device by at least 95percent by weight;

(ii) An enclosed combustion device designed andoperated in accordance with the requirements ofsection 11-264-1033(c); or

(iii) A flare designed and operated in accordance withthe requirements of section 11-264-1033(d).

(2) The owner or operator who elects to use a closed-ventsystem and control device to comply with therequirements of this section shall comply with therequirements specified in subparagraphs (c)(2)(i)through (c)(2)(vi). (i) Periods of planned routine maintenance of the

control device, during which the control devicedoes not meet the specifications of subparagraph

264-345

§11-264-1087

(c)(1)(i), (c)(1)(ii), or (c)(1)(iii), asapplicable, shall not exceed 240 hours per year.

(ii) The specifications and requirements insubparagraphs (c)(1)(i), (c)(1)(ii), and(c)(1)(iii) for control devices do not applyduring periods of planned routine maintenance.

(iii) The specifications and requirements insubparagraphs (c)(1)(i), (c)(1)(ii), and(c)(1)(iii) for control devices do not applyduring a control device system malfunction.

(iv) The owner or operator shall demonstrate compliancewith the requirements of subparagraph (c)(2)(i)(i.e., planned routine maintenance of a controldevice, during which the control device does notmeet the specifications of subparagraph (c)(1)(i),(c)(1)(ii), or (c)(1)(iii), as applicable, shallnot exceed 240 hours per year) by recording theinformation specified in section 11-264-1089(e)(1)(v).

(v) The owner or operator shall correct control devicesystem malfunctions as soon as practicable aftertheir occurrence in order to minimize excessemissions of air pollutants.

(vi) The owner or operator shall operate the closed-vent system such that gases, vapors, or fumes arenot actively vented to the control device duringperiods of planned maintenance or control devicesystem malfunction (i.e., periods when the controldevice is not operating or not operating normally)except in cases when it is necessary to vent thegases, vapors, and/or fumes to avoid an unsafecondition or to implement malfunction correctiveactions or planned maintenance actions.

(3) The owner or operator using a carbon adsorption systemto comply with paragraph (c)(1) shall operate andmaintain the control device in accordance with thefollowing requirements: (i) Following the initial startup of the control

device, all activated carbon in the control deviceshall be replaced with fresh carbon on a regularbasis in accordance with the requirements ofsection 11-264-1033(g) or 11-264-1033(h).

(ii) All carbon that is a hazardous waste and that isremoved from the control device shall be managedin accordance with the requirements of section 11-264-1033(n), regardless of the average volatileorganic concentration of the carbon.

(4) An owner or operator using a control device other thana thermal vapor incinerator, flare, boiler, processheater, condenser, or carbon adsorption system to

264-346

§11-264-1087

comply with paragraph (c)(1) shall operate and maintainthe control device in accordance with the requirementsof section 11-264-1033(j).

(5) The owner or operator shall demonstrate that a controldevice achieves the performance requirements ofparagraph (c)(1) as follows: (i) An owner or operator shall demonstrate using

either a performance test as specified insubparagraph (c)(5)(iii) or a design analysis asspecified in subparagraph (c)(5)(iv) theperformance of each control device except for thefollowing:(A) A flare;(B) A boiler or process heater with a design heat

input capacity of 44 megawatts or greater;(C) A boiler or process heater into which the

vent stream is introduced with the primaryfuel;

(D) A boiler or industrial furnace burninghazardous waste for which the owner oroperator has: (1) Been issued a final permitunder 40 CFR part 270 and has designed andoperates the unit in accordance with therequirements of 40 CFR part 266, subpart H;or (2) Been issued a State hazardous wastemanagement permit under chapter 11-270 andhas designed and operates the unit inaccordance with the requirements of chapter11-266, subchapter H; or

(E) A boiler or industrial furnace burninghazardous waste for which the owner oroperator has designed and operates inaccordance with the interim statusrequirements of chapter 11-266, subchapter H.

(ii) An owner or operator shall demonstrate theperformance of each flare in accordance with therequirements specified in section 11-264-1033(e).

(iii) For a performance test conducted to meet therequirements of subparagraph (c)(5)(i), the owneror operator shall use the test methods andprocedures specified in sections 11-264-1034(c)(1)through (c)(4).

(iv) For a design analysis conducted to meet therequirements of subparagraph (c)(5)(i), the designanalysis shall meet the requirements specified insection 11-264-1035(b)(4)(iii).

(v) The owner or operator shall demonstrate that acarbon adsorption system achieves the performancerequirements of paragraph (c)(1) based on thetotal quantity of organics vented to the

264-347

§11-264-1087

atmosphere from all carbon adsorption systemequipment that is used for organic adsorption,organic desorption or carbon regeneration, organicrecovery, and carbon disposal.

(6) If the owner or operator and the director do not agreeon a demonstration of control device performance usinga design analysis then the disagreement shall beresolved using the results of a performance testperformed by the owner or operator in accordance withthe requirements of subparagraph (c)(5)(iii). Thedirector may choose to have an authorizedrepresentative observe the performance test.

(7) The closed-vent system and control device shall beinspected and monitored by the owner or operator inaccordance with the procedures specified in sections11-264-1033(f)(2) and 11-264-1033(l). The readings fromeach monitoring device required by section 11-264-1033(f)(2) shall be inspected at least once eachoperating day to check control device operation. Anynecessary corrective measures shall be immediatelyimplemented to ensure the control device is operated incompliance with the requirements of this section. [Eff3/13/99; comp ] (Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1087)

§11-264-1088 Inspection and monitoring requirements. (a)The owner or operator shall inspect and monitor air emissioncontrol equipment used to comply with this subchapter inaccordance with the applicable requirements specified in sections11-264-1084 through 11-264-1087.

(b) The owner or operator shall develop and implement awritten plan and schedule to perform the inspections andmonitoring required by subsection (a). The owner or operatorshall incorporate this plan and schedule into the facilityinspection plan required under section 11-264-15. [Eff 3/13/99;comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1088)

§11-264-1089 Recordkeeping requirements. (a) Each owneror operator of a facility subject to requirements of thissubchapter shall record and maintain the information specified insubsections (b) through (j), as applicable to the facility.Except for air emission control equipment design documentationand information required by subsections (i) and (j), recordsrequired by this section shall be maintained in the operatingrecord for a minimum of 3 years. Air emission control equipmentdesign documentation shall be maintained in the operating recorduntil the air emission control equipment is replaced or otherwise

264-348

§11-264-1089

no longer in service. Information required by subsections (i) and(j) shall be maintained in the operating record for as long asthe waste management unit is not using air emission controlsspecified in sections 11-264-1084 through 11-264-1087 inaccordance with the conditions specified in section 11-264-1080(d) or section 11-264-1080(b)(7), respectively.

(b) The owner or operator of a tank using air emissioncontrols in accordance with the requirements of section 11-264-1084 shall prepare and maintain records for the tank that includethe following information:

(1) For each tank using air emission controls in accordancewith the requirements of section 11-264-1084, the owneror operator shall record: (i) A tank identification number (or other unique

identification description as selected by theowner or operator).

(ii) A record for each inspection required by section11-264-1084 that includes the followinginformation:(A) Date inspection was conducted.(B) For each defect detected during the

inspection: The location of the defect, adescription of the defect, the date ofdetection, and corrective action taken torepair the defect. In the event that repairof the defect is delayed in accordance withthe requirements of section 11-264-1084, theowner or operator shall also record thereason for the delay and the date thatcompletion of repair of the defect isexpected.

(2) In addition to the information required by paragraph(b)(1), the owner or operator shall record thefollowing information, as applicable to the tank: (i) The owner or operator using a fixed roof to comply

with the Tank Level 1 control requirementsspecified in section 11-264-1084(c) shall prepareand maintain records for each determination forthe maximum organic vapor pressure of thehazardous waste in the tank performed inaccordance with the requirements of section 11-264-1084(c). The records shall include the dateand time the samples were collected, the analysismethod used, and the analysis results.

(ii) The owner or operator using an internal floatingroof to comply with the Tank Level 2 controlrequirements specified in section 11-264-1084(e)shall prepare and maintain documentationdescribing the floating roof design.

264-349

§11-264-1089

(iii) Owners and operators using an external floatingroof to comply with the Tank Level 2 controlrequirements specified in section 11-264-1084(f)shall prepare and maintain the following records:(A) Documentation describing the floating roof

design and the dimensions of the tank.(B) Records for each seal gap inspection required

by section 11-264-1084(f)(3) describing theresults of the seal gap measurements. Therecords shall include the date that themeasurements were performed, the raw dataobtained for the measurements, and thecalculations of the total gap surface area.In the event that the seal gap measurementsdo not conform to the specifications insection 11-264-1084(f)(1), the records shallinclude a description of the repairs thatwere made, the date the repairs were made,and the date the tank was emptied, ifnecessary.

(iv) Each owner or operator using an enclosure tocomply with the Tank Level 2 control requirementsspecified in section 11-264-1084(i) shall prepareand maintain the following records:(A) Records for the most recent set of

calculations and measurements performed bythe owner or operator to verify that theenclosure meets the criteria of a permanenttotal enclosure as specified in "Procedure T--Criteria for and Verification of a Permanentor Temporary Total Enclosure" under 40 CFR52.741, appendix B.

(B) Records required for the closed-vent systemand control device in accordance with therequirements of subsection (e).

(c) The owner or operator of a surface impoundment usingair emission controls in accordance with the requirements ofsection 11-264-1085 shall prepare and maintain records for thesurface impoundment that include the following information:

(1) A surface impoundment identification number (or otherunique identification description as selected by theowner or operator).

(2) Documentation describing the floating membrane cover orcover design, as applicable to the surface impoundment,that includes information prepared by the owner oroperator or provided by the cover manufacturer orvendor describing the cover design, and certificationby the owner or operator that the cover meets thespecifications listed in section 11-264-1085(c).

264-350

§11-264-1089

(3) A record for each inspection required by section 11-264-1085 that includes the following information: (i) Date inspection was conducted. (ii) For each defect detected during the inspection the

following information: The location of the defect,a description of the defect, the date ofdetection, and corrective action taken to repairthe defect. In the event that repair of the defectis delayed in accordance with the provisions ofsection 11-264-1085(f), the owner or operatorshall also record the reason for the delay and thedate that completion of repair of the defect isexpected.

(4) For a surface impoundment equipped with a cover andvented through a closed-vent system to a controldevice, the owner or operator shall prepare andmaintain the records specified in subsection (e).

(d) The owner or operator of containers using ContainerLevel 3 air emission controls in accordance with the requirementsof section 11-264-1086 shall prepare and maintain records thatinclude the following information:

(1) Records for the most recent set of calculations andmeasurements performed by the owner or operator toverify that the enclosure meets the criteria of apermanent total enclosure as specified in "Procedure T--Criteria for and Verification of a Permanent orTemporary Total Enclosure" under 40 CFR 52.741,appendix B.

(2) Records required for the closed-vent system and controldevice in accordance with the requirements ofsubsection (e).

(e) The owner or operator using a closed-vent system andcontrol device in accordance with the requirements of section 11-264-1087 shall prepare and maintain records that include thefollowing information:

(1) Documentation for the closed-vent system and controldevice that includes: (i) Certification that is signed and dated by the

owner or operator stating that the control deviceis designed to operate at the performance leveldocumented by a design analysis as specified insubparagraph (e)(1)(ii) or by performance tests asspecified in subparagraph (e)(1)(iii) when thetank, surface impoundment, or container is orwould be operating at capacity or the highestlevel reasonably expected to occur.

(ii) If a design analysis is used, then designdocumentation as specified in section 11-264-1035(b)(4). The documentation shall includeinformation prepared by the owner or operator or

264-351

§11-264-1089

provided by the control device manufacturer orvendor that describes the control device design inaccordance with section 11-264-1035(b)(4)(iii) andcertification by the owner or operator that thecontrol equipment meets the applicablespecifications.

(iii) If performance tests are used, then a performancetest plan as specified in section 11-264-1035(b)(3) and all test results.

(iv) Information as required by sections 11-264-1035(c)(1) and (c)(2), as applicable.

(v) An owner or operator shall record, on a semiannualbasis, the information specified in clauses(e)(1)(v)(A) and (e)(1)(v)(B) for those plannedroutine maintenance operations that would requirethe control device not to meet the requirements ofsection 11-264-1087(c)(1)(i), (c)(1)(ii), or(c)(1)(iii), as applicable.(A) A description of the planned routine

maintenance that is anticipated to beperformed for the control device during thenext 6-month period. This description shallinclude the type of maintenance necessary,planned frequency of maintenance, and lengthsof maintenance periods.

(B) A description of the planned routinemaintenance that was performed for thecontrol device during the previous 6-monthperiod. This description shall include thetype of maintenance performed and the totalnumber of hours during those 6 months thatthe control device did not meet therequirements of section 11-264-1087(c)(1)(i),(c)(1)(ii), or (c)(1)(iii), as applicable,due to planned routine maintenance.

(vi) An owner or operator shall record the informationspecified in clauses (e)(1)(vi)(A) through(e)(1)(vi)(C) for those unexpected control devicesystem malfunctions that would require the controldevice not to meet the requirements of section 11-264-1087(c)(1)(i), (c)(1)(ii), or (c)(1)(iii), asapplicable.(A) The occurrence and duration of each

malfunction of the control device system.(B) The duration of each period during a

malfunction when gases, vapors, or fumes arevented from the waste management unit throughthe closed-vent system to the control devicewhile the control device is not properlyfunctioning.

264-352

§11-264-1089

(C) Actions taken during periods of malfunctionto restore a malfunctioning control device toits normal or usual manner of operation.

(vii) Records of the management of carbon removed from acarbon adsorption system conducted in accordancewith section 11-264-1087(c)(3)(ii).

(f) The owner or operator of a tank, surface impoundment,or container exempted from standards in accordance with theprovisions of section 11-264-1082(c) shall prepare and maintainthe following records, as applicable:

(1) For tanks, surface impoundments, and containersexempted under the hazardous waste organicconcentration conditions specified in section 11-264-1082 (c)(1) or sections 11-264-1082(c)(2)(i) through(c)(2)(vi), the owner or operator shall record theinformation used for each waste determination (e.g.,test results, measurements, calculations, and otherdocumentation) in the facility operating log. Ifanalysis results for waste samples are used for thewaste determination, then the owner or operator shallrecord the date, time, and location that each wastesample is collected in accordance with applicablerequirements of section 11-264-1083.

(2) For tanks, surface impoundments, or containers exemptedunder the provisions of section 11-264-1082(c)(2)(vii)or (c)(2)(viii), the owner or operator shall record theidentification number for the incinerator, boiler, orindustrial furnace in which the hazardous waste istreated.

(g) An owner or operator designating a cover as "unsafe toinspect and monitor" pursuant to section 11-264-1084(l) or 11-264-1085(g) shall record in a log that is kept in the facilityoperating record the following information: The identificationnumbers for waste management units with covers that aredesignated as "unsafe to inspect and monitor," the explanationfor each cover stating why the cover is unsafe to inspect andmonitor, and the plan and schedule for inspecting and monitoringeach cover.

(h) The owner or operator of a facility that is subject tothis subchapter and to the control device standards in 40 CFRpart 60, subpart VV, or 40 CFR part 61, subpart V, may elect todemonstrate compliance with the applicable sections of thissubchapter by documentation either pursuant to this subchapter,or pursuant to the provisions of 40 CFR part 60, subpart VV or 40CFR part 61, subpart V, to the extent that the documentationrequired by 40 CFR parts 60 or 61 duplicates the documentationrequired by this section.

(i) For each tank or container not using air emissioncontrols specified in sections 11-264-1084 through 11-264-1087 inaccordance with the conditions specified in section 11-264-

264-353

§11-264-1089

1080(d), the owner or operator shall record and maintain thefollowing information:

(1) A list of the individual organic peroxide compoundsmanufactured at the facility that meet the conditionsspecified in section 11-264-1080(d)(1).

(2) A description of how the hazardous waste containing theorganic peroxide compounds identified in paragraph(i)(1) are managed at the facility in tanks andcontainers. This description shall include: (i) For the tanks used at the facility to manage this

hazardous waste, sufficient information shall beprovided to describe for each tank: A facilityidentification number for the tank; the purposeand placement of this tank in the management trainof this hazardous waste; and the procedures usedto ultimately dispose of the hazardous wastemanaged in the tanks.

(ii) For containers used at the facility to managethese hazardous wastes, sufficient informationshall be provided to describe: A facilityidentification number for the container or groupof containers; the purpose and placement of thiscontainer, or group of containers, in themanagement train of this hazardous waste; and theprocedures used to ultimately dispose of thehazardous waste handled in the containers.

(3) An explanation of why managing the hazardous wastecontaining the organic peroxide compounds identified inparagraph (i)(1) in the tanks and containers asdescribed in paragraph (i)(2) would create an unduesafety hazard if the air emission controls, as requiredunder sections 11-264-1084 through 11-264-1087, areinstalled and operated on these waste management units.This explanation shall include the followinginformation: (i) For tanks used at the facility to manage these

hazardous wastes, sufficient information shall beprovided to explain: How use of the required airemission controls on the tanks would affect thetank design features and facility operatingprocedures currently used to prevent an unduesafety hazard during the management of thishazardous waste in the tanks; and why installationof safety devices on the required air emissioncontrols, as allowed under this subchapter, willnot address those situations in which evacuationof tanks equipped with these air emission controlsis necessary and consistent with good engineeringand safety practices for handling organicperoxides.

264-354

§11-264-1089

(ii) For containers used at the facility to managethese hazardous wastes, sufficient informationshall be provided to explain: How use of therequired air emission controls on the containerswould affect the container design features andhandling procedures currently used to prevent anundue safety hazard during the management of thishazardous waste in the containers; and whyinstallation of safety devices on the required airemission controls, as allowed under thissubchapter, will not address those situations inwhich evacuation of containers equipped with theseair emission controls is necessary and consistentwith good engineering and safety practices forhandling organic peroxides.

(j) For each hazardous waste management unit not using airemission controls specified in sections 11-264-1084 through 11-264-1087 in accordance with the requirements of section 11-264-1080(b)(7), the owner and operator shall record and maintain thefollowing information:

(1) Certification that the waste management unit isequipped with and operating air emission controlsin accordance with the requirements of anapplicable Federal Clean Air Act regulationcodified under 40 CFR part 60, part 61, or part63.

(2) Identification of the specific requirementscodified under 40 CFR part 60, part 61, or part 63with which the waste management unit is incompliance. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1089)

§11-264-1090 Reporting requirements. (a) Each owner oroperator managing hazardous waste in a tank, surface impoundment,or container exempted from using air emission controls under theprovisions of section 11-264-1082(c) shall report to the directoreach occurrence when hazardous waste is placed in the wastemanagement unit in noncompliance with the conditions specified insection 11-264-1082 (c)(1) or (c)(2), as applicable. Examples ofsuch occurrences include placing in the waste management unit ahazardous waste having an average VO concentration equal to orgreater than 500 ppmw at the point of waste origination; orplacing in the waste management unit a treated hazardous waste ofwhich the organic content has been reduced by an organicdestruction or removal process that fails to achieve theapplicable conditions specified in sections 11-264-1082 (c)(2)(i)through (c)(2)(vi). The owner or operator shall submit a writtenreport within 15 calendar days of the time that the owner or

264-355

§11-264-1090

operator becomes aware of the occurrence. The written reportshall contain the EPA identification number, facility name andaddress, a description of the noncompliance event and the cause,the dates of the noncompliance, and the actions taken to correctthe noncompliance and prevent recurrence of the noncompliance.The report shall be signed and dated by an authorizedrepresentative of the owner or operator.

(b) Each owner or operator using air emission controls on atank in accordance with the requirements section 11-264-1084(c) shall report to the director each occurrence when hazardous wasteis managed in the tank in noncompliance with the conditionsspecified in section 11-264-1084(b). The owner or operator shallsubmit a written report within 15 calendar days of the time thatthe owner or operator becomes aware of the occurrence. Thewritten report shall contain the EPA identification number,facility name and address, a description of the noncomplianceevent and the cause, the dates of the noncompliance, and theactions taken to correct the noncompliance and prevent recurrenceof the noncompliance. The report shall be signed and dated by anauthorized representative of the owner or operator.

(c) Each owner or operator using a control device inaccordance with the requirements of section 11-264-1087 shallsubmit a semiannual written report to the director except asprovided for in subsection (d). The report shall describe eachoccurrence during the previous 6-month period when either: (1) Acontrol device is operated continuously for 24 hours or longer innoncompliance with the applicable operating values defined insection 11-264-1035(c)(4); or (2) A flare is operated withvisible emissions for 5 minutes or longer in a two-hour period,as defined in section 11-264-1033(d). The report shall describeeach occurrence during the previous 6-month period when a controldevice is operated continuously for 24 hours or longer innoncompliance with the applicable operating values defined insection 11-264-1035(c)(4) or when a flare is operated withvisible emissions as defined in section 11-264-1033(d). Thewritten report shall include the EPA identification number,facility name and address, and an explanation why the controldevice could not be returned to compliance within 24 hours, andactions taken to correct the noncompliance. The report shall besigned and dated by an authorized representative of the owner oroperator.

(d) A report to the director in accordance with therequirements of subsection (c) is not required for a 6-monthperiod during which all control devices subject to thissubchapter are operated by the owner or operator such that:

(1) During no period of 24 hours or longer did a controldevice operate continuously in noncompliance with theapplicable operating values defined in section 11-264-1035(c)(4); and

264-356

§11-264-1100

(2) No flare was operated with visible emissions for 5minutes or longer in a two-hour period, as defined insection 11-264-1033(d). [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1090)

§11-264-1091 (Reserved)

SUBCHAPTER DD

CONTAINMENT BUILDINGS

§11-264-1100 Applicability. The requirements of thissubchapter apply to owners or operators who store or treathazardous waste in units designed and operated under section 11-264-1101. The owner or operator is not subject to the definitionof land disposal in chapter 11-260 provided that the unit:

(a) Is a completely enclosed, self-supporting structurethat is designed and constructed of manmade materials ofsufficient strength and thickness to support themselves, thewaste contents, and any personnel and heavy equipment thatoperate within the unit, and to prevent failure due to pressuregradients, settlement, compression, or uplift, physical contactwith the hazardous wastes to which they are exposed; climaticconditions; and the stresses of daily operation , including themovement of heavy equipment within the unit and contact of suchequipment with containment walls;

(b) Has a primary barrier that is designed to besufficiently durable to withstand the movement of personnel,wastes, and handling equipment within the unit;

(c) If the unit is used to manage liquids, has:(1) A primary barrier designed and constructed of

materials to prevent migration of hazardousconstituents into the barrier;

(2) A liquid collection system designed andconstructed of materials to minimize theaccumulation of liquid on the primary barrier; and

(3) A secondary containment system designed andconstructed of materials to prevent migration ofhazardous constituents into the barrier, with aleak detection and liquid collection systemcapable of detecting, collecting, and removingleaks of hazardous constituents at the earliestpracticable time, unless the unit has been granteda variance from the secondary containment systemrequirements under paragraph 11-264-1101(b)(4);

264-357

§11-264-1100

(d) Has controls sufficient to prevent fugitive dustemissions to meet the no visible emission standard in clause 11-264-1101(c)(1)(iv); and

(e) Is designed and operated to ensure containment andprevent the tracking of materials from the unit by personnel orequipment. [Eff 6/18/94; comp ] (Auth: HRS§§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1100)

§11-264-1101 Design and operating standards.(a) All containment buildings must comply with the following

design standards:(1) The containment building must be completely enclosed

with a floor, walls, and a roof to prevent exposure tothe elements, (e.g., precipitation, wind, run-on), andto assure containment of managed wastes.

(2) The floor and containment walls of the unit, includingthe secondary containment system if required undersubsection (b) of this section, must be designed andconstructed of materials of sufficient strength andthickness to support themselves, the waste contents,and any personnel and heavy equipment that operatewithin the unit, and to prevent failure due to pressuregradients, settlement, compression, or uplift, physicalcontact with the hazardous wastes to which they areexposed; climatic conditions; and the stresses of dailyoperation, including the movement of heavy equipmentwithin the unit and contact of such equipment withcontainment walls. The unit must be designed so thatit has sufficient structural strength to preventcollapse or other failure. All surfaces to be incontact with hazardous wastes must be chemicallycompatible with those wastes. The department willconsider standards established by professionalorganizations generally recognized by the industry suchas the American Concrete Institute (ACI) and theAmerican Society of Testing Materials (ASTM) in judgingthe structural integrity requirements of thissubsection. If appropriate to the nature of the wastemanagement operation to take place in the unit, anexception to the structural strength requirement may bemade for light-weight doors and windows that meet thesecriteria: (i) They provide an effective barrier against fugitive

dust emissions under paragraph (c)(1)(iv); and(ii) The unit is designed and operated in a fashion

that assures that wastes will not actually come incontact with these openings.

(3) Incompatible hazardous wastes or treatment reagentsmust not be placed in the unit or its secondary

264-358

§11-264-1101

containment system if they could cause the unit orsecondary containment system to leak, corrode, orotherwise fail.

(4) A containment building must have a primary barrierdesigned to withstand the movement of personnel, waste,and handling equipment in the unit during the operatinglife of the unit and appropriate for the physical andchemical characteristics of the waste to be managed.

(b) For a containment building used to manage hazardouswastes containing free liquids or treated with free liquids (thepresence of which is determined by the paint filter test, avisual examination, or other appropriate means), the owner oroperator must include:

(1) A primary barrier designed and constructed of materialsto prevent the migration of hazardous constituents intothe barrier (e.g., a geomembrane covered by a concretewear surface).

(2) A liquid collection and removal system to minimize theaccumulation of liquid on the primary barrier of thecontainment building: (i) The primary barrier must be sloped to drain

liquids to the associated collection system; and(ii) Liquids and waste must be collected and removed to

minimize hydraulic head on the containment systemat the earliest practicable time.

(3) A secondary containment system including a secondarybarrier designed and constructed to prevent migrationof hazardous constituents into the barrier, and a leakdetection system that is capable of detecting failureof the primary barrier and collecting accumulatedhazardous wastes and liquids at the earliestpracticable time. (i) The requirements of the leak detection component

of the secondary containment system are satisfiedby installation of a system that is, at a minimum:(A) Constructed with a bottom slope of 1 percent

or more; and(B) Constructed of a granular drainage material

with a hydraulic conductivity of 1X10-2

cm/sec or more and a thickness of 12 inches(30.5 cm) or more, or constructed ofsynthetic or geonet drainage materials with atransmissivity of 3X10-5m2/sec or more.

(ii) If treatment is to be conducted in the building,an area in which such treatment will be conductedmust be designed to prevent the release ofliquids, wet materials, or liquid aerosols toother portions of the building.

(iii) The secondary containment system must beconstructed of materials that are chemically

264-359

§11-264-1101

resistant to the waste and liquids managed in thecontainment building and of sufficient strengthand thickness to prevent collapse under thepressure exerted by overlaying materials and byany equipment used in the containment building. (Containment buildings can serve as secondarycontainment systems for tanks placed within thebuilding under certain conditions. A containmentbuilding can serve as an external liner system fora tank, provided it meets the requirements ofparagraph 11-264-193(d)(1). In addition, thecontainment building must meet the requirements ofsubsection 11-264-193(b) and paragraphs 11-264-193(c)(1) and (2) to be considered an acceptablesecondary containment system for a tank.)

(4) For existing units other than 90-day generator units,the director may delay the secondary containmentrequirement for up to two years, based on ademonstration by the owner or operator that the unitsubstantially meets the standards of this subchapter. In making this demonstration, the owner or operatormust: (i) Provide written notice to the director of their

request. This notification must describe the unitand its operating practices with specificreference to the performance of existingcontainment systems, and specific plans forretrofitting the unit with secondary containment;

(ii) Respond to any comments from the director on theseplans within 30 days; and

(iii) Fulfill the terms of the revised plans, if suchplans are approved by the director.

(c) Owners or operators of all containment buildings must:(1) Use controls and practices to ensure containment of the

hazardous waste within the unit; and, at a minimum: (i) Maintain the primary barrier to be free of

significant cracks, gaps, corrosion, or otherdeterioration that could cause hazardous waste tobe released from the primary barrier;

(ii) Maintain the level of the stored/treated hazardouswaste within the containment walls of the unit sothat the height of any containment wall is notexceeded;

(iii) Take measures to prevent the tracking of hazardouswaste out of the unit by personnel or by equipmentused in handling the waste. An area must bedesignated to decontaminate equipment and anyrinsate must be collected and properly managed;and

264-360

§11-264-1101

(iv) Take measures to control fugitive dust emissionssuch that any openings (doors, windows, vents,cracks, etc.) exhibit no visible emissions (see 40CFR Part 60, appendix A, Method 22-VisualDetermination of Fugitive Emissions from MaterialSources and Smoke Emissions from Flares). Inaddition, all associated particulate collectiondevices (e.g., fabric filter, electrostaticprecipitator) must be operated and maintained withsound air pollution control practices (see 40 CFRPart 60 subpart 292 for guidance). This state ofno visible emissions must be maintainedeffectively at all times during routine operatingand maintenance conditions, including whenvehicles and personnel are entering and exitingthe unit.

(2) Obtain certification by a qualified registeredprofessional engineer that the containment buildingdesign meets the requirements of subsections (a)through (c) of this section. For units placed intooperation prior to February 18, 1993, thiscertification must be placed in the facility'soperating record (on-site files for generators who arenot formally required to have operating records) nolater than 60 days after the date of initial operationof the unit. After February 18, 1993, PE certificationwill be required prior to operation of the unit.

(3) Throughout the active life of the containment building,if the owner or operator detects a condition that couldlead to or has caused a release of hazardous waste,must repair the condition promptly, in accordance withthe following procedures. (i) Upon detection of a condition that has led to a

release of hazardous waste (e.g., upon detectionof leakage from the primary barrier) the owner oroperator must:(A) Enter a record of the discovery in the

facility operating record;(B) Immediately remove the portion of the

containment building affected by thecondition from service;

(C) Determine what steps must be taken to repairthe containment building, remove any leakagefrom the secondary collection system, andestablish a schedule for accomplishing thecleanup and repairs; and

(D) Within 7 days after the discovery of thecondition, notify the director of thecondition, and within 14 working days,provide a written notice to the director with

264-361

§11-264-1101

a description of the steps taken to repairthe containment building, and the schedulefor accomplishing the work.

(ii) The director will review the informationsubmitted, make a determination regarding whetherthe containment building must be removed fromservice completely or partially until repairs andcleanup are complete, and notify the owner oroperator of the determination and the underlyingrationale in writing.

(iii) Upon completing all repairs and cleanup the owneror operator must notify the director in writingand provide a verification, signed by a qualified,registered professional engineer, that the repairsand cleanup have been completed according to thewritten plan submitted in accordance withparagraph (c)(3)(i)(D) of this section.

(4) Inspect and record in the facility's operating record,at least once every seven days, data gathered frommonitoring equipment and leak detection equipment aswell as the containment building and the areaimmediately surrounding the containment building todetect signs of releases of hazardous waste.

(d) For containment buildings that contain areas both withand without secondary containment, the owner or operator must:

(1) Design and operate each area in accordance with therequirements enumerated in subsections (a) through (c)of this section;

(2) Take measures to prevent the release of liquids or wetmaterials into areas without secondary containment; and

(3) Maintain in the facility's operating log a writtendescription of the operating procedures used tomaintain the integrity of areas without secondarycontainment.

(e) Notwithstanding any other provision of this subchapterthe director may waive requirements for secondary containment fora permitted containment building where the owner operatordemonstrates that the only free liquids in the unit are limitedamounts of dust suppression liquids required to meet occupationalhealth and safety requirements, and where containment of managedwastes and liquids can be assured without a secondary containmentsystem. [Eff 6/18/94; comp ] (Auth: HRS §§342J-4,342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1101)

§11-264-1102 Closure and post-closure care. (a) At closureof a containment building, the owner or operator must remove ordecontaminate all waste residues, contaminated containment systemcomponents (liners, etc.,) contaminated subsoils, and structuresand equipment contaminated with waste and leachate, and manage

264-362

§11-264-1200

them as hazardous waste unless subsection 11-261-3(d) applies. The closure plan, closure activities, cost estimates for closure,and financial responsibility for containment buildings must meetall of the requirements specified in subchapters G and H of thischapter.

(b) If, after removing or decontaminating all residues andmaking all reasonable efforts to effect removal ordecontamination of contaminated components, subsoils, structures,and equipment as required in subsection (a) of this section, theowner or operator finds that not all contaminated subsoils can bepracticably removed or decontaminated, he must close the facilityand perform post-closure care in accordance with the closure andpost-closure requirements that apply to landfills (section 11-264-310). In addition, for the purposes of closure,post-closure, and financial responsibility, such a containmentbuilding is then considered to be a landfill, and the owner oroperator must meet all of the requirements for landfillsspecified in subchapters G and H of this chapter. [Eff 6/18/94;comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34,342J-35) (Imp: 40 C.F.R. §264.1102)

§§11-264-1103 -- 11-264-1110 [Reserved]

SUBCHAPTER EE

HAZARDOUS WASTE MUNITIONS AND EXPLOSIVES STORAGE

§11-264-1200 Applicability. The requirements of thissubchapter apply to owners or operators who store munitions andexplosive hazardous wastes, except as section 11-264-1 providesotherwise. (NOTE: Depending on explosive hazards, hazardous wastemunitions and explosives may also be managed in other types ofstorage units, including containment buildings (chapter 11-264,subchapter DD), tanks (chapter 11-264, subchapter J), orcontainers (chapter 11-264, subchapter I); See Section 11-266-205for storage of waste military munitions). [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1200)

§11-264-1201 Design and operating standards. (a)Hazardous waste munitions and explosives storage units must bedesigned and operated with containment systems, controls, andmonitoring, that:

(1) Minimize the potential for detonation or other means ofrelease of hazardous waste, hazardous constituents,hazardous decomposition products, or contaminated

264-363

§11-264-1200

run-off, to the soil, ground water, surface water, andatmosphere;

(2) Provide a primary barrier, which may be a container(including a shell) or tank, designed to contain thehazardous waste;

(3) For wastes stored outdoors, provide that the waste andcontainers will not be in standing precipitation;

(4) For liquid wastes, provide a secondary containmentsystem that assures that any released liquids arecontained and promptly detected and removed from thewaste area, or vapor detection system that assures thatany released liquids or vapors are promptly detectedand an appropriate response taken (e.g., additionalcontainment, such as overpacking, or removal from thewaste area); and

(5) Provide monitoring and inspection procedures thatassure the controls and containment systems are workingas designed and that releases that may adversely impacthuman health or the environment are not escaping fromthe unit.

(b) Hazardous waste munitions and explosives stored underthis subchapter may be stored in one of the following:

(1) Earth-covered magazines. Earth-covered magazines mustbe: (i) Constructed of waterproofed, reinforced concrete

or structural steel arches, with steel doors thatare kept closed when not being accessed;

(ii) Designed and constructed:(A) To be of sufficient strength and thickness to

support the weight of any explosives ormunitions stored and any equipment used inthe unit;

(B) To provide working space for personnel andequipment in the unit; and

(C) To withstand movement activities that occurin the unit; and

(iii) Located and designed, with walls and earthencovers that direct an explosion in the unit in asafe direction, so as to minimize the propagationof an explosion to adjacent units and to minimizeother effects of any explosion.

(2) Above-ground magazines. Above-ground magazines must belocated and designed so as to minimize the propagationof an explosion to adjacent units and to minimize othereffects of any explosion.

(3) Outdoor or open storage areas. Outdoor or open storageareas must be located and designed so as to minimizethe propagation of an explosion to adjacent units andto minimize other effects of any explosion.

264-364

§11-264-1202

(c) Hazardous waste munitions and explosives must be storedin accordance with a Standard Operating Procedure specifyingprocedures to ensure safety, security, and environmentalprotection. If these procedures serve the same purpose as thesecurity and inspection requirements of section 11-264-14, thepreparedness and prevention procedures of chapter 11-264,subchapter C, and the contingency plan and emergency proceduresrequirements of chapter 11-264, subchapter D, then theseprocedures will be used to fulfill those requirements.

(d) Hazardous waste munitions and explosives must bepackaged to ensure safety in handling and storage.

(e) Hazardous waste munitions and explosives must beinventoried at least annually.

(f) Hazardous waste munitions and explosives and theirstorage units must be inspected and monitored as necessary toensure explosives safety and to ensure that there is no migrationof contaminants out of the unit. [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §264.1201)

§11-264-1202 Closure and post-closure care. (a) Atclosure of a magazine or unit which stored hazardous waste underthis subchapter, the owner or operator must remove ordecontaminate all waste residues, contaminated containment systemcomponents, contaminated subsoils, and structures and equipmentcontaminated with waste, and manage them as hazardous wasteunless section 11-261-3(d) applies. The closure plan, closureactivities, cost estimates for closure, and financialresponsibility for magazines or units must meet all of therequirements specified in subchapters G and H, except that theowner or operator may defer closure of the unit as long as itremains in service as a munitions or explosives magazine orstorage unit.

(b) If, after removing or decontaminating all residues andmaking all reasonable efforts to effect removal ordecontamination of contaminated components, subsoils, structures,and equipment as required in subsection (a), the owner oroperator finds that not all contaminated subsoils can bepracticably removed or decontaminated, he or she must close thefacility and perform post-closure care in accordance with theclosure and post-closure requirements that apply to landfills(section 11-264-310). [Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R.§264.1202)

SUBCHAPTER FF

APPENDICES

264-365

§11-264-1300

§11-264-1300 Appendices. Appendices I, IV, V, and IX to40 CFR Part 264, revised as of May 25, 1998, and Appendix X, aremade a part of this chapter. These Appendices are entitled:Appendix I - Recordkeeping InstructionsAppendix IV - Cochran's Approximation to the Behrens-Fisher

Students' T-TestAppendix V - Examples of Potentially Incompatible WasteAppendix IX - Ground-Water Monitoring ListAppendix X - EPA Form 8700-13B[Eff 3/13/99; comp ] (Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) (Imp: None)

264-366