(a) The incorporation by reference of
40 C.F.R. section
270.1 is amended as follows:
(1) Replace
40 C.F.R. section
270.1(a)(1) in its entirety
to read: "(1) These permit regulations establish provisions for the Hazardous
Waste Permit Program under chapter 342J, HRS."
(2) Replace
40 C.F.R. section
270.1(a)(2) in its entirety
to read: "(2) The regulations in this part cover basic state department of
health permitting requirements, such as application requirements, standard
permit conditions, and monitoring and reporting requirements. These regulations
are part of a regulatory scheme implementing chapter 342J, HRS, set forth in
chapters 11-260.1 to 11-279.1."
(4) In
40 C.F.R section
270.1(b), replace "90 days"
with "45 days". Replace both instances of "section 3010" with "section
342J-6.5, HRS".
Delete "Treatment, storage, and disposal facilities (TSDs) that are otherwise
subject to permitting under RCRA and that meet the criteria in paragraph
(b)(1), or paragraph (b)(2) of this section, may be eligible for a standardized
permit under subpart J of this part." Replace "EPA or a State with interim
authorization for Phase II or final authorization under part 271" with "the
state department of health". Delete "or with the analogous provisions of a
State program which has received interim or final authorization under part
271".
(6)
40 C.F.R. section
270.1(c)(1)(i) is excluded
from incorporation. The State of Hawaii prohibits the underground injection of
hazardous waste.
(7) In
40 C.F.R. section
270.1(c)(2) (viii)(D),
delete "and".
(8) In
40 C.F.R. section
270.1(c)(2) (viii)(E),
replace the period at the end of the subparagraph with a semicolon.
(9) In
40 C.F.R. section
270.1(c)(2) (viii), add a
new subparagraph (F) to read: "(F) Electronic items as described in 40 C.F.R.
section
273.6.1, as incorporated and amended in section
11-273.1-1;
and".
(10) In
40 C.F.R. section
270.1(c)(2) (viii), add a
new subparagraph (G) to read: "(G) Solar panels as described in 40 C.F.R.
section
273.6.2, as incorporated and amended in section
11-273.1-1."
(12) In
40 C.F.R. section
270.1(c)(7), replace "EPA or
by an authorized State" with "EPA or the state department of
health".
(b) The
incorporation by reference of
40
C.F.R. section
270.2 is amended as follows:
(1) In the introductory paragraph of
40
C.F.R, section
270.2, replace "parts 270,
271, and 124" with "this chapter and chapter 11-271.1".
(2) The definitions "Final authorization",
"Interim authorization", "Standardized permit", "State", and "State director"
are excluded from incorporation.
(3) The following definitions are amended as
follows:
"Application" definition. Replace in its entirety to read:
"Application means the current EPA standard national forms for applying for a
permit. Application also includes the information required by the director
under
40 C.F.R. sections
270.14 to
270.29, as
incorporated and amended in this chapter."
"Director" definition. Replace in its entirety to read:
"Director means the director of the Hawaii department of health."
"Existing hazardous waste management (HWM) facility or
existing facility" definition. Replace "on or before November 19, 1980" with
"on or before:
(1) November 19, 1980;
or
(2) The effective date of
statutory or regulatory changes made under RCRA prior to June 18, 1994 that
made the facility subject to the requirement to have an RCRA permit;
or
(3) The effective date of
statutory or regulatory changes made under chapter 342J, HRS, after June 18,
1994 that made the facility subject to the requirement to have a permit under
section
342J-30(a),
HRS". "Facility or activity" definition.
Replace "the RCRA program" with "chapter 342J, HRS, and
chapters 11-260.1 to 11-279.1".
"Federal, State and local approvals or permits necessary to
begin physical 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 "State hazardous waste permit or EPA-issued RCRA permit".
