HAR §11-271.1-3. 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 271.1-6 §11-271.1-3 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).)" 271.1-7 §11-271.1-3 (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.l0(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.lO(a) (1) (iv) and (v) is excluded from incorporation. (3) In 40 C.F.R. section 124.l0(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.l0(b) (1) in its entirety to read: "(1) Public notice of the preparation of a draft permit (including 271.1-8 §11-271.1-3 a notice of intent to deny a permit application) required under 40 C.F.R. section 124.l0(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.l0(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.l0(c) (1) (i) in its entirety to read: "(i) The applicant;". (7) In 40 C.F.R. section 124.l0(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.l0(c) (1) (iv) to (viii) and 124.l0(c)(l)(xi) is excluded from incorporation. (9) 40 C.F.R. section 124.l0(c) (2) (i) is excluded from incorporation. (10) In 40 C.F.R. section 124.l0(c) (2) (ii), replace the period at the end of the sentence with"; and". (11) 40 C.F.R. section 124.l0(c) (3) is excluded from incorporation. (12) In 40 C.F.R. section 124.l0(d), delete "(applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC), 233.26 (404), and 2 71 . 14 ( RCRA) ) _II. (13) In 40 C.F.R. section 124.l0(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.l0(d) (1) (iii), delete", for NPDES or 404 general permits when there is no application". (15) In 40 C.F.R. section 124.l0(d) (1) (vi), replace "For EPA-issued permits, the" with "The". (16) 40 C.F.R. section 124.l0(d) (1) (vii) to (ix) is excluded from incorporation. 271.1-9 §11-271.1-3 (17) In 40 C.F.R. section 124.l0(d) (2) (ii), insert "and" after the semicolon. (18) In 40 C.F.R. section 124.l0(d) (2) (iii), replace"; and" with a period. (19) 40 C.F.R. section 124.l0(d) (2) (iv) is excluded from incorporation. (20) In 40 C.F.R. section 124.l0(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". (1) 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 271.1-10 §11 271.1-3 §124.19 of this part." with "The notice of final permit decision shall inform the persons authorized by 40 C.F.R. section 124.lS(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 hearingB for permits." (3) In 40 C.F.R. section 124.lS(b) (1), delete "or". (4) Replace 40 C.F.R. section 124.lS(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.lS(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. 271.1 11 §11-271.1-3 (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. [Eff 7/17/17; am and comp 9/30/18; am and ~omr...6/.2.5/20; am and comp 6/7/21; comp 1/29/24; comp JUL ·1 ZUZ3 J (Auth: HRS §§342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-31, 342J-34, 342J-35) §11-271.1-4 Amendments to the incorporation of 40 C.F.R. part 124, subpart B. (a) The incorporation 271.1-12