Haw. Code R. § 11-262.1-3 - Amendments to the incorporation of 40 C.F.R. part 262, subpart A
(a) The incorporation by reference of 4 0
C.F.R. section 262.1 is amended as follows: the following definitions are
amended as follows:
"Condition of exemption" definition. Delete "subpart K or".
"Independent requirement " definition. Delete "subpart K or".
(b) The incorporation
by reference of 40 C.F.R.
section 262.10 is amended as follows:
(1) In
40 C.F.R. section
262.10(a)(2), replace "267"
with "266".
(2) In 4 0 C.F.R.
section 262.10(f), delete "267,".
(3) In
40 C.F.R. section
262.10(g)(1) and (2), insert
"and sections 342J-7 and 342J-9, HRS" after each instance of "section 3008 of
RCRA".
(4) In 4 0 C.F.R. section
262.10(g)(2), replace "267" with "266".
(5)
40 C.F.R. section
262.10(k) to (1) is excluded
from incorporation.
(6) In
40 C.F.R. section
262.10(n), insert "or
electronic nicotine delivery system retailer" after each instance of
"healthcare facility ", replace each instance of "management of hazardous waste
pharmaceuticals" with "management of subpart P hazardous wastes", replace
"hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste" with
"subpart P hazardous waste and non-subpart P hazardous waste", and replace
"hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste"
with "subpart P hazardous waste and its nonsubpart P hazardous
waste".
(7) The notes to
40 C.F.R. section
262.10 are excluded from
incorporation.
(c) The
incorporation by reference of 4 0 C.F.R. section 262.11 is amended as follows:
(1) In
40 C.F.R. section
262.11(c), delete "If the
waste is listed, the person may file a delisting petition under
40 CFR
260.20 and
260.22 to demonstrate to the
Administrator that the waste from this particular site or operation is not a
hazardous waste."
(2) In
40 C.F.R. section
262.11(d)(1) and (2),
replace "approved by the Administrator under
40 CFR
260.21" with "approved by the Administrator
under 40 C.F.R. section
260.21 and approved by the
director".
(3) In
40 C.F.R. section
262.11(e), delete
"267,".
(d) The
incorporation by reference of 4 0 C.F.R. section 262.13 is amended as follows:
(1) In
40 C.F.R. section
262.13(a)(3), delete "for
the hazardous waste generated".
(2)
In 40 C.F.R. section
262.13(b)(4), replace "more
stringent" with "larger".
(3) In
40 C.F.R. section
262.13(c)(6), insert "or"
after the semicolon.
(4) 4 0 C.F.R.
section 262.13(c)(7) is excluded from incorporation.
(5) In
40 C.F.R. section
262.13(c)(9), insert "or
electronic nicotine delivery system" after the first instance of "hazardous
waste pharmaceutical".
(e) The incorporation by reference of 4 0
C.F.R. section 262.14 is amended as follows:
(1)
40 C.F.R. section
262.14(a)(2) is excluded
from incorporation.
(2) In
40 C.F.R. section
262.14(a)(5)(i) and (ii),
insert "or subtitle C of RCRA" after "of this chapter".
(3) In 4 0 C.F.R. section 262.14(a)(5)(iv), replace "a state" with "the State or any state" and insert "or state rules that
correspond to 4 0 C.F.R. part 258 " after "of this chapter".
(4) In
40 C.F.R. section
262.14(a)(5)(v), replace "a
state" with "the State or any state" and insert "or state rules that correspond
to 40 C.F.R. sections
257.5 to
257.30" after "of this
chapter".
(5) In 4 0 C.F.R. section
262.14(a)(5)(vii), replace the second instance of "part 273 of this chapter"
with " 4 0 C.F.R. part 273 or state rules that correspond to 4 0 C.F.R. part 273
".
(6) In
40 C.F.R. section
262.14 (a)(5)(ix), replace
the period at the end of the paragraph with a semicolon.
(7) In
40 C.F.R. section
262.14(a)(5)(x), insert "or
electronic nicotine delivery system retailer " after each instance of
"healthcare facility ", replace "non-creditable hazardous waste
pharmaceuticals" with "non-creditable subpart P hazardous waste", and replace
the period at the end of the paragraph with "; or".
(8) In
40 C.F.R. section
262.14(a)(5)(xi), replace
"§ 261.4(j) of this chapter" with "40 C.F.R. section
261.4(j) or corresponding
regulations of any authorized state".
(f) The incorporation by reference of
40 C.F.R. section
262.15 is amended as follows: in
40 C.F.R. section
262.15(a), replace "267"
with "266".
(g) The incorporation
by reference of 4 0 C.F.R. section 262.16 is amended as follows:
(1) In the introductory paragraph of 4 0
C.F.R. section 262.16, replace "267" with "266".
(2) In
40 C.F.R. section
262.16(b), replace "(d) and
(e)" with "(c) and (d)".
(3) In
40 C.F.R. section
262.16(b)(2)(iv), insert
"The owner or operator must record inspections in an inspection log or summary.
The owner or operator must keep these records for at least three years from the
date of inspection. At a minimum, these records must include the date and time
of the inspection, the name of the inspector, a notation of the observations
made, and the date and nature of any repairs or other remedial actions." at the
end of the section.
(4) In
40 C.F.R. section
262.16(b)(5), delete "of"
following "comply with" in the second sentence.
(5) In
40 C.F.R. section
262.16(b)(8)(iv)(A) and
262.16
(b)(8)(iv)(B), replace "(a)(8)(ii)" with
"(b)(8)(ii)".
(6) In
40 C.F.R. section
262.16(b)(9)(ii), delete
"next to telephones or" and insert "or, if cellular telephones cannot be safely
used in these areas, next to the nearest telephones" before the colon at the
end of the clause.
(7) In 4 0
C.F.R. section 262.16(b)(9)(iv)(C), insert "and the Hawaii department of
health's Hazard Evaluation and Emergency Response Office via the State Hospital
at (808) 247-2191 after business hours or directly at (808) 586-4249 during
business hours" at the end of the first sentence.
(8) In
40 C.F.R. section
262.16(d), delete
"267,".
(h) The
incorporation by reference of
40 C.F.R. section
262.17 is amended as follows:
(1) In the introductory paragraph of 4 0
C.F.R. section 262.17, replace "267" with "266".
(2) In
40 C.F.R. section
262.17(a)(1)(v), insert "The
owner or operator must record inspections in an inspection log or summary. The
owner or operator must keep these records for at least three years from the
date of inspection. At a minimum, these records must include the date and time
of the inspection, the name of the inspector, a notation of the observations
made, and the date and nature of any repairs or other remedial actions." at the
end of the section.
(3) In
40 C.F.R. section
262.17(a)(6), replace
"complies" with "must comply".
(4)
In 40 C.F.R. section
262.17(a)(7)(i)(A), replace
"(a)(7)(iv)" with "(a)(7)(iv)(C)".
(5) In
40 C.F.R. section
262.17(a)(8)(iii)(A)(4),
replace "(a)(8)(ii)(A)(2)" with "(a)(8)(iii)(A)(2)".
(6) In
40 C.F.R. section
262.17(c) and (d), replace
"267" with "266".
(7) In
40 C.F.R. section
262.17(e), delete
"267,".
Notes
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