Current through February, 2024
(a) The incorporation by reference of
40 C.F.R. section
124.1 is amended as follows:
(1) Replace
40 C.F.R. section
124.1(a) in its entirety to
read: "(a) This part contains state department of health procedures for
issuing, modifying, revoking and reissuing, or terminating all RCRA permits
governed by chapter
11-270.1. The procedures of this part
also apply to denial of a permit for the active life of a RCRA hazardous waste
management facility or unit under
40
C.F.R. section 270.29, as incorporated and
amended in section 11-270.1-1."
(2)
Replace
40 C.F.R. section
124.1(b) in its entirety to
read: "(b) Subpart A describes the steps the state department of health will
follow in receiving permit applications, preparing draft permits, issuing
public notice, inviting public comment, and holding public hearings on draft
permits. Subpart A also covers assembling an administrative record, responding
to comments, issuing a final permit decision, and allowing for administrative
appeal of the final permit decisions. Subpart B contains public participation
requirements applicable to all RCRA hazardous waste management
facilities."
(3)
40 C.F.R. section 124.1(d) to
(f) is excluded from incorporation.
(b) The incorporation by reference
of 40 C.F.R. section
124.2 is amended as follows: replace
40
C.F.R. section 124.2 in its entirety to read:
"§124.2 Definitions.
Terms used in this chapter have the meanings given in
40
C.F.R. section 270.2, as incorporated and
amended in section 11-270.1-1. Terms not defined have the meaning given by
RCRA."
(c) The incorporation
by reference of
40 C.F.R. section
124.3 is amended as follows:
(1) Replace
40 C.F.R. section
124.3(a) in its entirety to
read:
"(a)
(1) Any person who requires a permit under
40 C.F.R. section
270.1, as incorporated and amended in section
11-270.1-1, shall complete, sign, and submit to the director an application.
Applications are not required for RCRA permits by rule (40 C.F.R.
section 270.60, as incorporated and amended
in section 11-270.1-1).
(2) The
director shall not begin the processing of a permit until the application has
fully complied with the application requirements. See
40 C.F.R. sections
270.10 and
270.13,
as incorporated and amended in section 11-270.1-1.
(3) Permit applications must comply with the
signature and certification requirements of
40 C.F.R. section
270.11, as incorporated and amended in
section 11-270.1-1."
(2) In
40 C.F.R. section
124.3(c), replace each
instance of "an EPA-issued permit" with "a permit". Delete ", a new UIC
injection well, a major PSD stationary source or major PSD modification, or a
NPDES new source or NPDES new discharger", ", existing injection well or
existing NPDES sources or sludge-only facility", and ", an existing UIC
injection well or an existing NPDES source or "sludge-only
facility"".
(3) In
40 C.F.R. section
124.3(d), replace", SDWA
sections 1423 and 1424, CAA section 167, and CWA sections 308, 309, 402(h), and
402(k)" with "and section
342J-7,
HRS".
(4) In
40 C.F.R. section
124.3(g), delete "major new
UIC injection well, major NPDES new source, major NPDES new discharger, or a
permit to be issued under provisions of §122.28(c)," and "(This paragraph
does not apply to PSD permits.)"
(d)
40 C.F.R. section
124.4 is excluded from the incorporation by
reference of 40 C.F.R. part 124, subpart A.
(e) The incorporation by reference of
40
C.F.R. section 124.5 is amended as follows:
(1) Replace
40
C.F.R. section 124.5(a) in
its entirety to read: "(a) Permits may be modified, revoked and reissued, or
terminated either at the request of any interested person (including the
permittee) or upon the director's initiative. However, permits may only be
modified, revoked and reissued, or terminated for the reasons specified in
40 C.F.R.
sections 270.41 and
270.43, as
incorporated and amended in section 11-270.1-1. All requests shall be in
writing and shall contain facts or reasons supporting the request."
(2) In
40
C.F.R. section 124.5(b),
delete "The Environmental Appeals Board may direct the Regional Administrator
to begin modification, revocation and reissuance, or termination proceedings
under paragraph (c) of this section." and "This informal appeal is, under
5 U.S.C. 704,
a prerequisite to seeking judicial review of EPA action in denying a request
for modification, revocation and reissuance, or termination."
(3) In
40
C.F.R. section 124.5(c),
delete "(Applicable to State Programs, see
40 CFR
123.25 (NPDES), 145.11 (UIC), 233.26 (404),
and 271.14 (RCRA))."
(4) Replace
40
C.F.R. section 124.5(c)(1)
in its entirety to read: "(1) If the director tentatively decides to modify or
revoke and reissue a permit under
40 C.F.R.
section 270.41 or
270.42(c),
as incorporated and amended in section 11-270.1-1, he or she shall prepare a
draft permit under
40
C.F.R. section 124.6, as incorporated and
amended in this chapter, incorporating the proposed changes. The director may
request additional information and, in the case of a modified permit, may
require the submission of an updated application. In the case of revoked and
reissued permits, the director shall require the submission of a new
application."
(5) In
40
C.F.R. section 124.5(c)(3),
delete ""Minor modifications" as defined in §§122.63 (NPDES), 144.41
(UIC), and 233.16 (404), and" and "(RCRA)".
(6) Replace
40
C.F.R. section 124.5(d) in
its entirety to read: "(d) If the director tentatively decides to terminate a
permit under
40 C.F.R. section
270.43, as incorporated and amended in
section 11-270.1-1, where the permittee objects, the director shall issue a
notice of intent to terminate. A notice of intent to terminate is a type of
draft permit which follows the same procedures as any draft permit prepared
under
40
C.F.R. section 124.6, as incorporated and
amended in this chapter."
(7)
40
C.F.R. section 124.5(f) and
(g) is excluded from
incorporation.
(f) The
incorporation by reference of
40
C.F.R. section 124.6 is amended as follows:
(1) Replace
40
C.F.R. section 124.6(a) in
its entirety to read: "(a) Once an application is complete, the director shall
tentatively decide whether to prepare a draft permit or to deny the
application."
(2)
40
C.F.R. section 124.6(c) is
excluded from incorporation.
(3)
Replace
40
C.F.R. section 124.6(d) in
its entirety to read: "(d) If the director decides to prepare a draft permit,
he or she shall prepare a draft permit that contains the following information:
(1) All the conditions under
40 C.F.R. sections
270.30 and
270.32,
as incorporated and amended in section 11-270.1-1;
(2) All compliance schedules under
40 C.F.R. section
270.33, as incorporated and amended in
section 11-270.1-1;
(3) All
monitoring requirements under
40
C.F.R. section 270.31, as incorporated and
amended in section 11-270.1-1; and
(4) Standards for treatment, storage, and/or
disposal and other permit conditions under
40 C.F.R. section
270.30, as incorporated and amended in
section 11-270.1-1."
(4)
In 40 C.F.R. section
124.6(e), delete
"(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA).)". Replace "For RCRA, UIC or PSD permits, an
appeal may be taken under §124.19 and, for NPDES permits, an appeal may be
taken under §124.74. Draft permits prepared by a State shall be
accompanied by a fact sheet if required under §124.8." with "A contested
case hearing may be requested as provided in
40 C.F.R. section
124.15, as incorporated and amended in this
chapter."
(g) The
incorporation by reference of
40
C.F.R. section 124.8 is amended as follows:
(1) In
40
C.F.R. section 124.8, delete "(Applicable to
State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and
271.14 (RCRA).)"
(2) Replace
40
C.F.R. section 124.8(a) in
its entirety to read: "(a) A fact sheet shall be prepared for every draft
permit for a major HWM facility or activity and for every draft permit which
the director finds is the subject of wide-spread public interest or raises
major issues. The fact sheet shall briefly set forth the principal facts and
the significant factual, legal, methodological, and policy questions considered
in preparing the draft permit. The director shall send this fact sheet to the
applicant and, on request, to any other person."
(3)
40
C.F.R. section 124.8(b)(3)
is excluded from incorporation.
(4)
In 40
C.F.R. section 124.8(b)(4),
delete "(for EPA-issued permits)".
(5)
40
C.F.R. section 124.8(b)(8) and
(9) is excluded from
incorporation.
(h) The
incorporation by reference of
40
C.F.R. section 124.9 is amended as follows:
(1) In the section heading of
40
C.F.R. section 124.9, delete "when EPA is the
permitting authority".
(2)
40
C.F.R. section 124.9(b)(6)
is excluded from incorporation.
(i) The incorporation by reference of
40 C.F.R.
section 124.10 is amended as follows:
(1) In
40 C.F.R.
section 124.10(a)(1)(ii) and
(iii), delete "(Applicable to State programs,
see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 271.14
(RCRA).)"
(2)
40 C.F.R.
section 124.10(a)(1)(iv) and
(v) is excluded from incorporation.
(3) In
40 C.F.R.
section 124.10(b), delete
"(applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404, and 271.14 (RCRA))".
(4) Replace
40 C.F.R.
section 124.10(b)(1) in its
entirety to read: "(1) Public notice of the preparation of a draft permit
(including a notice of intent to deny a permit application) required under
40 C.F.R.
section 124.10(a), as
incorporated and amended in this chapter, shall allow at least 45 days for
public comment."
(5) In
40 C.F.R.
section 124.10(c), delete
"(applicable to State programs, see
40 CFR
123.25 (NPDES), 145.11 (UIC), 233.23 (404),
and 271.14 (RCRA))".
(6) Replace
40 C.F.R.
section 124.10(c)(1)(i) in
its entirety to read: "(i) The applicant;".
(7) In
40 C.F.R.
section 124.10(c)(1) ( iii),
delete "(For purposes of this paragraph, and in the context of the Underground
Injection Control Program only, the term State includes Indian Tribes treated
as States.)".
(8)
40 C.F.R.
section 124.10(c)(1)(iv) to
(viii) and 124.10(c)(1)(xi) is excluded from incorporation.
(9)
40 C.F.R.
section 124.10(c)(2)(i) is
excluded from incorporation.
(10)
In
40 C.F.R.
section 124.10(c)(2)(ii),
replace the period at the end of the sentence with "; and".
(11)
40 C.F.R.
section 124.10(c)(3) is
excluded from incorporation.
(12)
In
40 C.F.R.
section 124.10(d), delete
"(applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA))-".
(13) In
40 C.F.R.
section 124.10(d)(1)(ii),
delete ", except in the case of NPDES and 404 draft general permits under
§§122.28 and 233.37".
(14) In
40 C.F.R.
section 124.10(d)(1) ( iii),
delete ", for NPDES or 404 general permits when there is no
application".
(15) In
40 C.F.R.
section 124.10(d)(1)(vi),
replace "For EPA-issued permits, the" with "The".
(16)
40 C.F.R.
section 124.10(d)(1)(vii) to
(ix) is excluded from
incorporation.
(17) In
40 C.F.R.
section 124.10(d)(2)(ii),
insert "and" after the semicolon.
(18) In
40 C.F.R.
section 124.10(d)(2) ( iii),
replace "; and" with a period,
(19)
40 C.F.R.
section 124.10(d)(2)(iv) is
excluded from incorporation.
(20)
In
40 C.F.R.
section 124.10(e), delete
"(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA).)" and "(for EPA-issued
permits)".
(j) The
incorporation by reference of
40 C.F.R. section
124.11 is amended as follows: delete
"(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA).)" and "or the permit application for 404
permits when no draft permit is required (see §233.39)".
(k) The incorporation by reference of
40 C.F.R. section
124.12 is amended as follows:
(1) In
40 C.F.R. section
124.12(a), delete
"(Applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA)..)".
(2) In
40 C.F.R. section
124.12(a)(3), delete "For
RCRA permits only,".
(3) In
40 C.F.R. section
124.12(b), delete "and EPA
is the permitting authority".
(4)
In
40 C.F.R. section
124.12(c), replace "hearing
officer" with "presiding officer".
(l) The incorporation by reference of
40
C.F.R. section 124.13 is amended as follows:
replace "EPA documents" with "EPA or state department of health
documents".
(m) The incorporation
by reference of
40 C.F.R. section
124.15 is amended as follows:
(1) In the section heading of
40 C.F.R. section
124.15, replace "permit." with "permit;
appeal of permits."
(2) In
40 C.F.R. section
124.15(a), replace "This
notice shall include reference to the procedures for appealing a decision on a
RCRA, UIC, PSD, or NPDES permit under §124.19 of this part." with "The
notice of final permit decision shall inform the persons authorized by
40 C.F.R. section
124.15(c), as incorporated
and amended in this chapter, to request a contested case hearing of the
procedures for requesting such a hearing. Chapter
11-1 procedures for contested case
hearings apply to contested case hearings for permits."
(3) In
40 C.F.R. section
124.15(b)(1), delete
"or".
(4) Replace
40 C.F.R. section
124.15(b)(2) in its entirety
to read: "(2) A written request for a contested case hearing is made within
thirty days of the date of issuance of the final permit decision by a person
authorized by
40 C.F.R. section
124.15(c), as incorporated
and amended in this chapter, to request a contested case hearing;
or".
(5) Add a new subsection (c)
to read: "(c) After the issuance of a final permit decision, a contested case
hearing may be requested in writing by:
(1)
The permittee whose permit has been modified, or revoked and reissued, or
terminated;
(2) The person whose
application for a permit has been denied; and
(3) Any person whose legal rights, duties, or
privileges will be specially, personally, and adversely affected by the permit
decision and who has participated as an adversary during the public comment
period or public hearing in the manner provided by
40 C.F.R. sections
124.11 to
124.14,
as incorporated and amended in this chapter."
(n)
40 C.F.R. section
124.16 is excluded from the incorporation by
reference of 40 C.F.R. part 124 , subpart A.
(o) The incorporation by reference of
40 C.F.R. section
124.17 is amended as follows:
(1) Replace the introductory paragraph of
40 C.F.R. section
124.17(a) to read: "(a) At
the time that any final permit decision is issued under
40 C.F.R. section
124.15, as incorporated and amended in this
chapter, the director shall issue a response to comments. This response
shall:".
(2) In
40 C.F.R. section
124.17(a)(2), delete "or the
permit application (for section 404 permits only)".
(3) In
40 C.F.R. section
124.17(b), replace "For
EPA-issued permits, any" with "Any".
(4) Replace
40 C.F.R. section
124.17(c) in its entirety to
read: "(c) The response to comments shall be available to the
public."
(p) The
incorporation by reference of
40
C.F.R. section 124.18 is amended as follows:
(1) In the section heading of
40
C.F.R. section 124.18, delete "when EPA is
the permitting authority".
(2)
40
C.F.R. section 124.18(b)(5)
is excluded from incorporation.
(3)
Replace
40
C.F.R. section 124.18(d) in
its entirety to read: "(d) This section applies to all final permits when the
draft permit was subject to the administrative record requirements of
40
C.F.R. section 124.9, as incorporated and
amended in this chapter."
(q)
40 C.F.R. sections
124.19,
124.20, and
124.21
are excluded from the incorporation by reference of 40 C.F.R. part 124 ,
subpart A.