§11-265.1-10 - Amendments to the incorporation of 40 C.F.R. part 265, subpart H.

§11-265.1-10 Amendments to the incorporation of 40 C.F.R. part 265, subpart H.

         (a) The incorporation by reference of 40 C.F.R. section 265.143 is amended as follows: in 40 C.F.R. section 265.143(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with "state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste in all such states or with the appropriate Regional Administrator if the facility is located in an unauthorized state".

         (b) The incorporation by reference of 40 C.F.R. section 265.145 is amended as follows: in 40 C.F.R. section 265.145(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with "state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste in all such states or with the appropriate Regional Administrator if the facility is located in an unauthorized state".

         (c) The incorporation by reference of 40 C.F.R. section 265.147 is amended as follows:

         (1) In 40 C.F.R. section 265.147(a)(1)(i) and (b)(1)(i), replace ", or Regional Administrators if the facilities are located in more than one Region" with ". If the facilities are located in more than one state, identical evidence of financial assurance must be submitted to and maintained with the state agency regulating hazardous waste in all such states or with the appropriate Regional Administrator if the facility is located in an unauthorized state". Replace "a Regional Administrator" with "the director".

         (2) In 40 C.F.R. section 265.147(g)(2)(i) and (ii), replace "each State in which a facility covered by the guarantee is located" with "the State of Hawaii" and replace "in.that State" with "in their respective states".

         (3) In 40 C.F.R. section 265.147 (i) (4) (ii) , replace "each state in which a facility covered by the surety bond is located" with "the State of Hawaii" and replace "in that State" with "in their respective states".

         (d) 40 C.F.R. sections 265.149 and 265.150 are excluded from the incorporation by reference of 40 C.F.R. part 265.

        [Eff 7/17/17; am and comp SEP 30 2018] (Auth: HRS §§342J-4, 342J-31,342J-34, 342J-35) ,(Imp: HRS §§342J-4, 342J-31, 342J-34, 342J-35)

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