Haw. Code R. § 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
124.1(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
124.1(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
124.1(d) to (f) is excluded
from incorporation.
(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 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
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: "(l) 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
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).)"
(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
124.10(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
124.10(a)(1)(iv) and (v) is
excluded from incorporation.
(3) In
40 C.F.R. section
124.10(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
124.10(b)(1) in its entirety
to read: "(1) Public notice of the preparation of a draft permit (including a
notice of intent to deny a permit application) required under
40 C.F.R. section
124.10(a), as incorporated
and amended in this chapter, shall allow at least 45 days for public
comment."
(5) In
40 C.F.R. section
124.10(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
124.10(c)(1)(i) in its
entirety to read: "(i) The applicant;".
(7) In
40 C.F.R. section
124.10(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
124.10(c)(1)(iv) to (viii)
and 124.10 (c)(1)(xi) is excluded from incorporation.
(9)
40 C.F.R. section
124.10(c)(2)(i) is excluded
from incorporation.
(10) In
40 C.F.R. section
124.10(c)(2)(ii), replace
the period at the end of the sentence with"; and".
(11)
40 C.F.R. section
124.10(c)(3) is excluded
from incorporation.
(12) In
40 C.F.R. section
124.10(d), delete
"(applicable to State programs, see §§123.25 (NPDES), 145.11 (UIC),
233.26 (404), and 271.14 (RCRA))-".
(13) In
40 C.F.R. section
124.10(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
124.10(d)(1)(iii), delete ",
for NPDES or 404 general permits when there is no application".
(15) In
40 C.F.R. section
124.10(d)(1)(vi), replace
"For EPA-issued permits, the" with "The".
(16)
40 C.F.R. section
124.10(d)(1)(vii) to (ix) is
excluded from incorporation.
(17)
In 40 C.F.R. section
124.10(d)(2)(ii), insert
"and" after the semicolon.
(18) In
40 C.F.R. section
124.10(d)(2)(iii), replace";
and" with a period.
(19)
40 C.F.R. section
124.10(d)(2)(iv) is excluded
from incorporation.
(20) In
40 C.F.R. section
124.10(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".
(l) 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 §124.19 of this part." with "The
notice of final permit decision shall inform the persons authorized by
40 C.F.R. section
124.15(c), as incorporated
and amended in this chapter, to request a contested case hearing of the
procedures for requesting such a hearing. Chapter 111 procedures for contested
case hearings apply to contested case hearings for permits."
(3) In
40 C.F.R. section
124.15(b)(1), delete
"or".
(4) Replace
40 C.F.R. section
124.15(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 124.15(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.
(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.
Notes
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