HAR §11-271.1-1. Incorporation of 40 C

F.R. part 124, subparts A and B. Title 40, part 124, subparts A and B of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2024, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-271.1-2 to 11-271.1-4. [Eff 7/17/17; am and comp 9/30/18; am and comp 6/25/20; am anJuLC~TT}Pzo~57/21; am and comp 1/29/24; am and comp ] (Auth: HRS §§342J-4, 342J-31, 271.1-1 §11-271.1-2 342J-34, 342J-35) 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-31, §11-271.1-2 Substitution of state terms and citations for federal terms and citations. (a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 124, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Agency", "EPA", and "issuing Regional Office" shall be replaced with "state department of health". (2) "Environmental Appeals Board", and "Regional Administrator" shall be replaced with "director". (b) The federal terms listed in subsection (a) are not replaced with state terms in the following sections of 40 C.F.R. part 124, as incorporated and amended in this chapter: 40 C.F.R. section 124 .10 (c) (1) (ii). (c) All references to provisions of 40 C.F.R. parts 124, 260 to 268, 270, 273, and 279 in 40 C.F.R. part 124, as incorporated and amended in this chapter, shall mean the Hawaii Administrative Rules analog of the referenced federal regulation, as incorporated and amended in chapters 11-260.1 to 11-279.1. The Hawaii Administrative Rules analogs are as follows: Federal citation 40 C.F.R. part 124 260 261 262 263 264 265 266 268 270 State analog chapter 11- 271.1 260.1 261.1 262.1 263.1 264.1 265.1 266.1 268.1 270.1 271.1-2 273 279 273.1 279.1 §11-271.1-3 [Eff 7/17/17; comp 9/30/18; am and comp 6/25/20; am and comp 6/7/21; comp 1/29/24; comp JUI -7J0?'1 (Auth: HRS §§342J-4, 342J-31, 342J-34, '"342", -3"5) (Imp: HRS §§342J-4, 342J-31, 342J-34, 342J-35) §11-271.1-3 Amendments to the incorporation of 40 C.F.R. part 124, subpart A. (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.l(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.l(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.l(d) to (f) is excluded from incorporation. 271.1-3 §11-271.1-3 (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 271.1-4 §11-271.1-3 well or an existing NPDES source or "sludge- only facility"". (3) In 40 C.F.R. section 124.3(d), replace ", SOWA 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 271.1-5 .. =