HAR §11-270.1-10. §11-270

1-9 Amendments to the incorporation of 40 C.F.R. part 270, subpart G. The incorporation by reference of 40 C.F.R. section 270.70 is amended as follows: ( 1) In 4 0 C. F. R. section 2 7 0. 7 0 (a) ( 1) , insert "or section 342J-6.5, HRS," after "RCRA". (2) In 40 C.F.R. section 270.70(b), insert "against the owner and/or operator of the facility, including, but not limited to, an enforcement action for operation of a facility without a permit or interim status" to the end of the last sentence. [Eff 7/17/17; comp 9/30/18; comp 6/25/20; am and comp 6/7/21; comp 1/29/24; comp JUL - 7 2025 ] (Auth: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) §11-270.1-10 Amendments to the incorporation of 40 C.F.R. part 270, subpart H. (a) The incorporation by reference of 40 C.F.R. section 270.80 is amended as follows: in 40 C.F.R. section 270.80(c), replace "RCRA Permit under RCRA section 3005(c)" with "State hazardous waste permit under section 342J-5, HRS". (b) The incorporation by reference of 40 C.F.R. section 270.115 is amended as follows: replace "Part 2 (Public Information) of this chapter" with "Applicable provisions of chapter 2-71 ~nd chapter 92F, HRS" and replace "part 2 of this chapter" with "applicable provisions of chapter 2-71 and 'chapter 92F, HRS". (c) The incorporation by reference of 40 C.F.R. section 270.140 is amended as follows: in 40 C.F.R. section 270 .140 (b) (3), replace "issuing Regional Office" with "department". (d) The incorporation by reference of 40 C.F.R. section 270.145 is amended as follows: in 40 C.F.R. section 270.145(a) (4), replace "local government" with "county government". 270.1-15 §11-270.1-10 (e) The incorporation by reference of 40 C.F.R. section 270.150 is amended as follows: (1) In 40 C.F.R. section 270.150(e), insert ", chapter 91, HRS, and section 342J-12, HRS" at the end of the sentence. (2) In 40 C.F.R. section 270.150(f), replace "issuing Regional office" with "department". (f) The incorporation by reference of 40 C.F.R. section 270.155 is amended as follows: replace 40 C.F.R. section 270.155 in its entirety to read: "§270.155 May the decision to approve or deny my RAP application be administratively appealed? Appeals of RAPs may be made to the same extent as for final permit decisions under 40 C.F.R. section 124.15, as incorporated and amended in section 11-271.1-1, or a decision to deny 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 this chapter." (g) The incorporation by reference of 40 C.F.R. section 270.160 is amended as follows: replace 40 C.F.R. section 270.160(b) in its entirety to read: "(b) You or another person has appealed your RAP under 40 C.F.R. section 270.155, as incorporated and amended in this chapter; or". (h) The incorporation by reference of 40 C.F.R. section 270.175 is amended as follows: in 40 C.F.R. section 270.175(a), insert "After affording you an opportunity for a hearing in accordance with chapter 91, HRS," at the beginning of the section and insert "or reasons listed in section 342J-5, HRS," after "listed in this section". (i) The incorporation by reference of 40 C.F.R. section 270.180 is amended as follows: in 40 C.F.R. section 270.180(a), insert "After affording you an opportunity for a hearing in accordance with chapter 91, HRS," at the beginning of the section and insert "and section 342J-5, HRS," after "through (8)". (j) The incorporation by reference of 40 C.F.R. section 270.185 is amended as follows: insert "After affording you an opportunity for a hearing in accordance with chapter 91, HRS," at the beginning of 270.1-16 §11-270.1-12 the section and insert "and section 342J-5, HRS," after "through (7)". (k) The incorporation by reference of 40 C.F.R. section 270.190 is amended as follows: replace 40 C.F.R. section 270.190 in its entirety to read: "§270.190 May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed? Appeals of decisions to approve or deny a modification, revocation and reissuance, or termination of a RAP may be made to the same extent as for final permit decisions under 40 C.F.R. section 124.15, as incorporated and amended in section 11-271.1-1, or a decision to deny 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 this chapter." (1) The incorporation by reference of 40 C.F.R. section 270.195 is amended as follows: replace "10 years" and "ten years" with "five years". Replace "RCRA sections 3004 and 3005" with "sections 342J-5 and 342J-34, HRS". [Eff 7/17/17; am and comp 9/30/18; am and comp 6/25/20; comp 6/7/21; comp 1/29/24; comp JUL -7 2025 ] (Auth: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35)