Haw. Code R. § 11-279.1-7 - Amendments to the incorporation of 40 C.F.R. part 279, subpart E
(a) The incorporation by reference of
40 C.F.R. section
279.40 is amended as follows:
(1) In the introductory paragraph of
40 C.F.R. section
279.40(d), replace "(d)(1)
through (5)" with "(d)(1) to (6)".
(2) In
40 C.F.R. section
279.40(d)(4) delete
"and".
(3) In
40 C.F.R. section
279.40(d)(5), delete ",
including the use of used oil as a dust suppressant," and replace the period at
the end with"; and".
(4) In
40 C.F.R. section
279.40(d), add a new
paragraph (6) to read: "(6) Used oil transporters are also subject to the
requirements of sections
11-279.1-13 and
11-279.1-14."
(b) The incorporation by reference of
40 C.F.R. section
279.42 is amended as follows: replace
40 C.F.R. section
279.42(b) in its entirety to
read: "(b) Mechanics of notification. A used oil transporter who has not
received an EPA identification number may obtain one by notifying the
department of their used oil activity by submitting a completed EPA Form
8700-12. To obtain EPA Form 8700-12, call the department at (808)
586-4226."
(c) The incorporation by
reference of 40 C.F.R.
section 279.43 is amended as follows:
(1) In
40 C.F.R. section
279.43(a)(1) and (2),
replace "an EPA identification number" with "a permit under section
11-279.114".
(2) In
40 C.F.R. section
279.43(a)(3), replace "an
EPA identification number" with "a permit pursuant to chapter 11-60.1
subchapter 4 or 5 that allows the burning of used oil".
(3) In
40 C.F.R. section
279.43(a)(4), insert "who
has obtained a permit pursuant to chapter 11-60.1 subchapter 4 or 5 that allows
the burning of used oil" at the end of the sentence.
(4) In
40 C.F.R. section
279.43(c)(3)(i), insert "to
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 and" after "Give
notice".
(5) In
40 C.F.R. section
279.43, add a new subsection (d) to read:
"(d) Acceptable materials. Only used oil and used oil fuel shall be accepted
during any pickup or delivery. The transporter shall not deliver any oil to any
person with the knowledge that the oil will be improperly used or disposed
of."
(d) The
incorporation by reference of
40 C.F.R. section
279.44 is amended as follows: replace
40 C.F.R. section
279.44(b) in its entirety to
read: "(b) The transporter must make this determination by testing the used oil
by analytical or field test."
(e)
The incorporation by reference of
40 C.F.R. section
279.45 is amended as follows:
(1) In
40 C.F.R. section
279.45, replace "the Underground Storage Tank
( 40 CFR part 280) standards" with "the State's underground storage tank
standards and any applicable federal standards".
(2) In
40 C.F.R. section
279.45(c)(1), delete
"and".
(3) In
40 C.F.R. section
279.45(c)(2), replace the
period at the end with"; and".
(4)
In 40 C.F.R. section
279.45(c), add a new·
paragraph (3) to read: "(3) Closed."
(5) In
40 C.F.R. section
279.45(h), replace the
introductory paragraph in its entirety to read: "(h) Response to releases. Upon
detection of a release of used oil to the environment, the owner/operator shall
perform the following cleanup steps:"
Notes
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