Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM
Section 11-270.1-4 - Amendments to the incorporation of 40 C.F.R. part 270, subpart B
Universal Citation: HI Admin Rules 11-270.1-4
Current through February, 2024
(a) The incorporation by reference of 40 C.F.R. section 270.10 is amended as follows:
(1)
40 C.F.R. section
270.10(a)(6) is excluded
from incorporation.
(2) In
40 C.F.R. section
270.10(e)(1)(ii), replace
"March 24, 1987" with "June 18, 1994".
(3)
40 C.F.R. section
270.10(e)(2) is excluded
from incorporation.
(4) In
40 C.F.R. section
270.10(e)(3), insert ", or
the director may by compliance order issued under section
342J-7, HRS," after
"section 3008 of RCRA".
(5) In
40 C.F.R. section
270.10(e)(4), delete "The
State Director may require submission of part B (or equivalent completion of
the State RCRA application process) if the State in which the facility is
located has received interim or final authorization; if not, the Regional
Administrator may require submission of Part B." Replace "this Act" with
"chapter
342J, HRS".
(6) In
40 C.F.R. section
270.10(f)(2), replace "The
application shall be filed with the Regional Administrator if at the time of
application the State in which the new hazardous waste management facility is
proposed to be located has not received interim or final authorization for
permitting such activity; otherwise it shall be filed with the State Director"
with "The application shall be filed with the director".
(7)
40 C.F.R. section
270.10(g)(1)(i) is excluded
from incorporation.
(8) Replace
40 C.F.R. section
270.10(g)(1)(ii) in its
entirety to read: "(ii) With the director, no later than the effective date of
amendments to provisions in chapter
11-261.1 listing or designating wastes
as hazardous, if the facility is treating, storing, or disposing of any of
those newly listed or designated wastes; or".
(9) Replace
40 C.F.R. section
270.10(g)(1)(iii) in its
entirety to read: "(iii) As necessary to comply with provisions of
40 C.F.R, section
270.72, as incorporated and amended in this
chapter, for changes during interim status. These revised Part A applications
shall be filed with the director."
(10) Replace section
40 C.F.R. section
270.10(h) in its entirety to
read: "(h) Reapplying for a permit. If you have an effective permit and you
want to reapply for a new one, you must submit a new application at least 180
days before the expiration date of the effective permit, unless the director
allows a later date."
(b) The incorporation by reference of 40 C.F.R. section 270.12 is amended as follows: in 40 C.F.R. section 270.12(a), replace " 40 CFR part 2 " and "40 CFR part 2 (Public Information)" with "sections 342J-14 and 342J-14.5, HRS, and any applicable provisions of chapter 2-71 and chapter 92F, HRS".
(c) The incorporation by reference of 40 C.F.R. section 270.14 is amended as follows:
(1) In
40 C.F.R. section
270.14(a), replace
"§§0.14 through 270.29" with "
40 C.F.R. sections
270.14 to
270.29, as
incorporated and amended in this chapter,".
(2) Replace
40 C.F.R. section
270.14(b)(5) in its entirety
to read: "(5) A copy of the general inspection schedule required by
40 C.F.R. section
264.15(b), as incorporated
and amended in section 11-264.1-1."
(3) In
40 C.F.R. section
270.14(b)(11)(iv)(C)(2),
delete "271,".
(4)
40 C.F.R. section
270.14(b)(18) is excluded
from incorporation.
(5) Replace
40 C.F.R. section
270.14(b)(20) in its
entirety to read: "(20) Applicants may be required to submit such information
as may be necessary to enable the director to carry out his duties under other
state laws or applicable federal laws."
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