HAR §11-270.1-3. construction" definition

Replace the second instance of "local" with "county". "Major facility" definition. Replace in its entirety to read: "Major facility means any "facility or activity" classified as such by the Regional Administrator in conjunction with the director." "New HWM facility" definition. Replace in its entirety to read: "New hazardous waste management (HWM) facility means a hazardous waste management facility which is not included in the definition of an existing hazardous waste management facility." "Permit" definition. Replace in its entirety to read: "Permit means an authorization, license, or equivalent control document issued by EPA to implement the requirements of 40 C.F.R. parts 124, 270, and 271 or by the State to implement the requirements of chapters 11-270.1 and 11-271.1. Permit includes permit by rule (40 C.F.R. section 270.60) and emergency permit (40 C.F.R. section 270.61). Permit does not include hazardous waste management interim status (40 C.F.R. part 270, subpart G), or any permit which has not yet been the subject of final EPA or department action, such as a draft permit or a proposed permit." "Person" definition. Replace in its entirety to read: "Person means any individual, partnership, firm, joint stock company, association, public or private corporation, federal agency, the State or any of its political subdivisions, any state and any of its political subdivisions, trust, estate, interstate body, or any other legal entity." "Remedial Action Plan (RAP)" definition. Replace "RCRA permit" with 270.1-7 §11-270.1-3 "state hazardous waste permit or EPA-issued RCRA permit". (c) 40 C.F.R. section 270.3 is excluded from the incorporation by reference of 40 C.F.R. part 270. [Eff 7/17/17; am and comp 9/30/18; am and comp 6/25/20; am and comp 6/7/21; comp 1/29/24; am and 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) §11-270.1-4 Amendments to the incorporation of 40 C.F.R. part 270, subpart B. (a) The incorporation by reference of 40 C.F.R. section 270.10 is amended as follows: (1) 40 C.F.R. section 270.l0(a) (6) is excluded from incorporation. (2) In 40 C.F.R. section 270.l0(e)(l)(iii), replace "March 24, 1987" with "June 18, 1994". (3) 40 C.F.R. section 270.l0(e) (2) is excluded from incorporation. (4) In 40 C.F.R. section 270.l0(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.l0(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.l0(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 270.1-8 §11-270.1-4 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.l0(g)(l)(i) is excluded from incorporation. (8) Replace 40 C.F.R. section 270.l0(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.l0(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,". 270.1-9 §11-270.1-4 (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." [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) §11-270.1-5 Amendments to the incorporation of 40 C.F.R. part 270, subpart C. (a) The incorporation by reference of 40 C.F.R. section 270.31 is amended as follows: in 40 C.F.R. section 270.31(c), replace "parts 264, 266 and 267" with "chapters 11-264.1 and 11-266.1". (b) The incorporation by reference of 40 C.F.R. section 270.32 is amended as follows: (1) In 40 C.F.R. section 270.32(a), delete ", and for EPA issued permits only, 270.33 (b) (alternate schedules of compliance) and 270.3 (considerations under Federal law)". (2) In 40 C.F.R. section 270.32(b)(2), replace "section 3005 of this act" with "section 342J-5, HRS," and replace "Administrator or State Director" with "director". 270.1-10 §11-270.1-6 (3) In 40 C.F.R. section 270.32(b) (3), replace "Administrator or State Director" with "director". (4) Replace 40 C.F.R. section 270.32(c) in its entirety to read: "(c) An applicable requirement is a state statutory or regulatory requirement which takes effect prior to final administrative disposition of a permit. 40 C.F.R. section 124.14, as incorporated and amended in section 11-271.1-1, provides a means for reopening permit proceedings at the discretion of the director where new requirements become effective during the permitting process and are of sufficient magnitude to make additional proceedings desirable. An applicable requirement is also any requirement which takes effect prior to the modification or revocation and reissuance of a permit, to the extent allowed in 40 C.F.R. section 270.41, as incorporated and amended in this chapter." [Eff 7/17/17; 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) §11-270.1-6 Amendments to the incorporation of 40 C.F.R. part 270, subpart D. (a) The incorporation by reference of 40 C.F.R. section 270.40 is amended as follows: ( 1) (2) In 40 C.F.R. section 270.40(a), replace "the appropriate Act" with "chapter 342J, HRS, or chapters 11-260.1 to 11-279.1". In 40 C.F.R. section 270.40(b), delete "or as a routine change with prior approval under 40 CFR 124.213". (b) The incorporation by reference of 40 C.F.R. section 270.41 is amended as follows: 270.1-11 §11-270.1-6 (1) In 40 C.F.R. section 270.41, delete", or §270.320 and 40 CFR part 124, subpart G". Replace "part 124 (or procedures of an authorized State program)" with "chapter 11-271.1". (2) 40 C.F.R. section 270.41(b) (3) is excluded from incorporation. (c) The incorporation by reference of 40 C.F.R. section 270.42 is amended as follows: (1) In 40 C.F.R. section 270.42(a) (1) (ii), replace "40 CFR 124 .10 (c) (viii)" with "40 C.F.R. section 124.l0(c) (1) (ix), as incorporated and amended in section 11-271.1-1" and replace "40 CFR 124.l0(c) (ix)" with "40 C.F.R. section 124. 10 ( c) ( 1) (x) , as incorporated and amended in section 11-271.1-1". (2) In 40 C.F.R. section 270.42(b) (2) and (c) (2) replace "40 CFR 124 .10 (c) (ix)" with "40 C.F.R. section 124.l0(c) (1) (x), as incorporated and amended in section 11-271.1-1,". (3) In 40 C.F.R. section 270.42 (e) (2) (iii), replace "40 CFR 124 .10 (c) (ix)" with "40 C.F.R. section 124.l0(c) (1) (x), as incorporated and amended in section 11-271.1-1". (4) In 40 C.F.R. section 270.42(f) (2) and (3), replace "40 CFR 124.19" with "40 C.F.R. section 124.15, as incorporated and amended in section 11-271.1-1". (5) In 40 C.F.R. section 270.42, Appendix I, Section A, delete Item 10 in its entirety. (6) In 40 C.F.R. section 270.42, Appendix I, Section F, Item le, delete "or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.S(a) (2) (ii)". (7) In 40 C.F.R. section 270.42, Appendix I, Section F, Item 4a, delete", or that are to 270.1-12 §11-270.1-7 be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268. 8 (a) (2) (ii)". (8) In 40 C.F.R. section 270.42, Appendix I, Section G, Item le, delete "or to treat wastes to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a) (2) (ii)". (9) In 40 C.F.R. section 270.42, Appendix I, Section G, Item Sc, delete "or that are to be treated to satisfy (in whole or in part) the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268. 8 (a) (2) (ii)". (10) In 40 C.F.R. section 270.42, Appendix I, Section J, Item 6c, .delete "or that are treated to satisfy the standard of "use of practically available technology that yields the greatest environmental benefit" contained in §268.8(a) (2) (ii)". (d) The incorporation by reference of 40 C.F.R. section 270.43 is amended as follows: in 40 C.F.R. section 270.43(b), replace "part 124 or part 22, as appropriate or State procedures" with "chapters 11-1 and 11-271.1". [Eff 7/17/17; am and comp 9/30/18; am and co~ 26J25/20; comp 6/7/21; comp 1/29/24; comp JUL - 1 uz~ ] (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) §11-270.1-7 Amendments to the incorporation of 40 C.F.R. part 270, subpart E. (a) The incorporation by reference of 40 C.F.R. section 270.50 is amended as follows: 270.1 13 §11-270.1-7 (1) In 40 C.F.R. section 270.50(a), replace "10 years" with "five years". (2) In 40 C.F.R. section 270.50(d), replace "five years" with "three years". (b) The incorporation by reference of 40 C.F.R. section 270.51 is amended as follows: (1) Replace the introductory paragraph of 40 C.F.R. section 270.51(a) to read: "(a) The conditions of an expired permit continue in force until the effective date of a new permit (see 40 C.F.R. section 124.15, as incorporated and amended in section 11-271.1-1) if:". (2) In 40 C.F.R. section 270.51(d), replace "In a State with a hazardous waste program authorized under 40 CFR part 271, if" with "If". (3) 40 C.F.R. section 270.51(e) is excluded from incorporation. [Eff 7/17/17; comp 9/30/18; comp 6/25/20; comp 6/7/21; comp 1/29/24; comp JUI _ 7 2025 ] (Auth: HRS §§342J-4, 342J-5, ]42J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) §11-270.1-8 Amendments to the incorporation of 40 C.F.R. part 270, subpart F. (a) 40 C.F.R. sections 270.60(b) and 270.64 are excluded from the incorporation by reference of 40 C.F.R. part 270. Hawaii prohibits the underground injection of hazardous waste. (b) 40 C.F.R. section 270.67 is excluded from the incorporation by reference of 40 C.F.R. part 270. [Eff 7/17/17; comp 9/30/lB; comp 6/25/20; comp 6/7/21; comp 1/29/24; comp JUL -'l 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) 270.1-14