HAR §11-261.1-8. to 11-261

1-9 (Reserved). §11-261.1-10 Amendments to the incorporation of 40 C.F.R. part 261, subpart H. (a) The incorporation by reference of 40 C.F.R. section 261.143 is amended as follows: in 40 C.F.R. section 261.143(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with "state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste in all such states or with the appropriate Regional Administrator if the facility is located in an unauthorized state". (b) The incorporation by reference of 40 C.F.R. section 261.147 is amended as follows: (1) In 40 C. F.R. section 261.147 (a) (1) (i) and (b) ( 1) ( i) , replace ", or Regional Administrators if the facilities are located in more than one Region" with". If the facilities are located in more than one state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste in all such states or with the appropriate Regional Administrator if the facility is located in an unauthorized state". Replace "a Regional Administrator" with "the director". 261.1-10 §11-261.1-10 (2) In 40 C.F.R. section 261.147(g) (2) (i) and (ii), replace "each State in which a facility covered by the guarantee is locatedn with "the State of Hawaiin and replace "in that Staten with "in their respective statesn. (3) In 40 C.F.R. section 261.147(i) (4), replace "each state in which a facility covered by the surety bond is locatedn with "the State of Hawaiin and replace "in that Staten with "in their respective statesn. (c) 40 C.F.R. sections 261.149 and 261.150 are excluded from the incorporation by reference of 40 C.F.R. part 261. (d) The incorporation by reference of 40 C.F.R. section 261.151 is amended as follows: replace 40 C.F.R. section 261.151 in its entirety to read: "§261.151 Wording of the instruments. (a) ( 1) A trust agreement for a trust fund, as specified in 40 C.F.R. section 261.143(a), as incorporated and amended in this chapter, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: TRUST AGREEMENT Trust Agreement, the "Agreement,n entered into as of [date] by and between [name of the owner or operator], a [name of State] [insert "corporation,n "partnership," "association,n or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of ____ nor "a national bankn], the "Trustee.n Whereas, the Department of Health, State of Hawaii, has established certain regulations applicable to the Grantor, requiring that an owner or operator of a facility regulated under chapter 11-264.1 or 11-265.1, Hawaii Administrative Rules, or satisfying the conditions of the exclusion under the incorporated version of 40 C.F.R. section 261.4(a)(24), as amended, in section 11-261.1-1, Hawaii Administrative Rules, 261.1-11 §11-261.1-10 shall provide assurance that funds will be available if needed for care of the facility under the incorporated version of subpart G of 40 C.F.R. part 264 or 265, as amended, in section 11-264.1-1 or 11-265.1-1, Hawaii Administrative Rules, as applicable, Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein, Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee, Now, Therefore, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor. (b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee. (c) The term "department" means the Department of Health, State of Hawaii. (d) The term "director" means the director of the Department of Health, State of Hawaii. Section 2. Identification of Facilities and Cost Estimates. This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the EPA Identification Number (if available), name, address, and the current cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement]. Section 3. Establishment of Fund. The Grantor and the Trustee hereby establish a trust fund, the Fund," for the benefit of the department in the event that the hazardous secondary materials of the grantor no longer meet the conditions of the exclusion under the incorporated version of 40 C.F.R. section 261.4(a) (24), as amended, in section 11-261.1-1, 261.1-12