Haw. Code R. § 11-279.1-8 - Amendments to the incorporation of 40 C.F.R. part 279, subpart F
(a) The incorporation by reference of
40 C.F.R. section
279.50 is amended as follows:
(1) In the introductory paragraph of
40 C.F.R. section
279.50(b), replace "(b)(1)
through (b)(5)" with "(b)(1) to
(6)".
(2) In
40 C.F.R. section
279.50(b)(4), delete
"and".
(3) In
40 C.F.R. section
279.50(b)(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
279.50(b), Add a new
paragraph (6) to read: "(6) Used oil processors/re-refiners 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
279.51 is amended as follows: replace
40 C.F.R. section
279.51(b) in its entirety to
read: "(b) Mechanics of notification. A used oil processor/re-refiner 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 279.52 is amended as follows:
(1) Replace the introductory paragraph of
40 C.F.R. section
279.52(a)(2) in its entirety
to read: "(2) Required equipment. All facilities shall be equipped with the
following:".
(2) In
40 C.F.R. section
279.52(a)(4)(i) and (ii),
delete", unless such a device is not required in paragraph (a)(2) of this
section".
(3) In
40 C.F.R. section
279.52(a)(5), delete ",
unless aisle space is not needed for any of these purposes".
(4) Replace the introductory paragraph of
40 C.F.R. section
279.52(b)(6)(iv)(B) in its
entirety to read: "(B) He shall immediately notify the National Response Center
(using their 24-hour toll free number (800) 4248802 and the Hawaii department
of health's Hazard Evaluation and Emergency Response Office via the State
Hospital at (808) 2472191 after business hours or directly at (808) 586-4249
during business hours. The report shall include:".
(5) In
40 C.F.R. section
279.52(b)(6) (viii)(C),
replace "Regional Administrator, and appropriate State and local authorities"
with "director".
(d) The
incorporation by reference of
40 C.F.R. section
279.53 is amended as follows: replace
40 C.F.R. section
279.53(b) in its entirety to
read: "(b) The owner or operator 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
279.54 is amended as follows:
(1) In
40 C.F.R. section
279.54, 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
279.54(b)(1), delete
"and".
(3) In
40 C.F.R. section
279.54(b)(2), replace the
period at the end with"; and".
(4)
In 40 C.F.R. section
279.54(b), add a new
paragraph (3) to read: "(3) Closed."
(5) Replace the introductory paragraph of
40 C.F.R. section
279.54(g) in its entirety to
read: "(g) Response to releases. Upon detection of a release of used oil to the
environment, an owner/operator shall perform the following cleanup
steps:".
(6) In
40 C.F.R. section
279.54(h)(1)(i), replace
"under this chapter" with "under chapters 11-260.1 to
11-279.1".
(f) The
incorporation by reference of
40 C.F.R. section
279.55 is amended as follows:
(1)
40 C.F.R. section
279.55(a)(1) and the
introductory paragraph of 40
C.F.R. section 279.55(a)(2)
are excluded from incorporation.
(2) In
40 C.F.R. section
279.55(a)(2)(i)(B), insert
"and approved by the director" before the semicolon at the end of the
sentence.
(3) In
40 C.F.R. section
279.55(a)(2)(iii), replace";
and" with a period.
(4)
40 C.F.R. section
279.55(a)(3) is excluded
from incorporation.
(5)
40 C.F.R. section
279.55(b)(1) and the
introductory paragraph of 40
C.F.R. section 279.55(b)(2)
are excluded from incorporation.
(6) In
40 C.F.R. section
279.55(b)(2)(i)(B), insert
"and approved by the director" before the semicolon at the end of the
sentence.
(7) In
40 C.F.R. section
279.55(b)(2)(iv), replace";
and" with a period.
(8)
40 C.F.R. section
279.55(b)(3) is excluded
from incorporation.
(g)
The incorporation by reference of
40 C.F.R. section
279.57 is amended as follows:
(1) In the section heading of
40 C.F.R. section
279.57, delete "and reporting".
(2) In
40 C.F.R. section
279.57 (a)(2)(i), delete
"and" after the semicolon.
(3) In
40 C.F.R. section
279.57 (a)(2)(ii), replace
the period at the end with"; and".
(4) In
40 C.F.R. section
279.57 (a)(2), add a new
subparagraph (iii) to read: "(iii) Records of the equipment testing and
maintenance required by 40
C.F.R. section 279.52(a)(3),
as incorporated and amended in this chapter."
(5)
40 C.F.R. section
279.57(b) is excluded from
incorporation.
(h) The
incorporation by reference of
40 C.F.R. section
279.58 is amended as follows: replace "an EPA
identification number" with "a State permit pursuant to section
11-279.1-14".
Notes
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