HAR §11-280.1-10
HAR §11-280.1-10. 11-280
Cite as Haw. Code R. § 11-280.1-10
1-12, except as otherwise provided in this
section.
(1)
Airport hydrant fuel distribution systems,
UST systems with field-constructed tanks,
( 2)
( b)
excluded
(1)
( 2)
( 3)
and UST systems that store fuel solely for
use by emergency power generators must meet
the requirements of this chapter as follows:
(A)
Airport hydrant fuel distribution
systems and UST systems with field
constructed tanks must meet all
applicable requirements of this
chapter, except that those installed
before July 15, 2018 must meet the
applicable requirements of subchapters
4, 8, 10, and 12 no later than July 15,
2019.
(B)
UST systems that store fuel solely for
use by emergency power generators must
meet all applicable requirements of
this chapter, except that those
installed before August 9, 2013 must
meet the applicable requirements of
subchapter 4 no later than July 15,
2019.
Any UST system listed in subsection (c) must
meet the requirements of section
11-280.1-11.
Exclusions. The following UST systems are
from the requirements of this chapter:
Any UST system holding hazardous wastes
listed or identified under chapter 342J,
Hawaii Revised Statutes, or the rules
adopted thereunder, or Subtitle C of the
Solid Waste Disposal Act, or a mixture of
such hazardous waste and other regulated
substances;
Any wastewater treatment tank system that is
part of a wastewater treatment facility
regulated under chapter 3420, Hawaii Revised
Statutes, or Section 402 or 307(b) of the
Clean Water Act;
Equipment or machinery that contains
280.1-7
3 5 8 4
§11-280.1-10
regulated substances for operational
purposes such as hydraulic lift tanks and
electrical equipment tanks;
(4)
Any UST system whose capacity is one hundred
ten gallons or less;
(5)
Any UST system that contains a de minimis
concentration of regulated substances; and
(6)
Any emergency spill or overflow containment
UST system that is expeditiously emptied
after use.
(c)
Partial Exclusions. Subchapters 2, 3, 4, 5,
7, 10, and 12 do not apply to:
(1)
Wastewater treatment tank systems not
covered under subsection (b) (2);
(2)
Aboveground storage tanks associated with:
(A)
Airport hydrant fuel distribution
systems; and
(B)
UST systems with field-constructed
tanks;
(3)
Any UST systems containing radioactive
material that are regulated under the Atomic
Energy Act of 1954 (42 U.S.C. 2011 and
following); and
(4)
Any UST system that is part of an emergency
generator system at nuclear power generation
facilities licensed by the Nuclear
Regulatory Commission and subject to Nuclear
Regulatory Commission requirements regarding
design and quality criteria, including but
not limited to 10 C.F.R. part 50.
[Eff
7/15/laiRcoàg 1/17/20; am and comp 7/8/21;
comp
MM 2 l L025
]
(Auth:
HRS §34 2L-3)
(Imp:
HRS §342L-3)
§11-280.1-11
Installation requirements for
partially excluded UST systems.
(a)
Owners and
operators must install an UST system listed in section
11-280.1-l0(c)(l), (3), or (4) storing regulated
substances (whether of single or double wall
construction) that meets the following requirements:
280.1-8
3 5 8 4
§11-280.1-12
(1)
Will prevent releases due to corrosion or
structural failure for the operational life
of the UST system;
(2)
Is cathodically protected against corrosion,
constructed of non-corrodible material,
steel clad with a non-corrodible material,
or designed in a manner to prevent the
release or threatened release of any stored
substance; and
(3)
Is constructed or lined with material that
is compatible with the stored substance.
(b)
Notwithstanding subsection (a), an UST
system without corrosion protection may be installed
at a site that is determined by a corrosion expert not
to be corrosive enough to cause it to have a release
due to corrosion during its operating life. Owners and
operators must maintain records that demonstrate
compliance with the requirements of this subsection
for the remaining life of the tank.
(Eff 7/15/18;
comp 1/17/20; comp 7/8/21; comp
MAR21?02Â
]
(Auth:
HRS §§342L-3, 3421-32)
(Imp:
HRS §§3421-3, 3421-32)