§11-270.1-3 - Amendments to the incorporation of 40 C.F.R. part 270, subpart A.

§11-270.1-3 Amendments to the incorporation of 40 C.F.R. part 270, subpart A.

         (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."

         (3) In 40 C.F.R. section 270.1(a)(3), delete "2 67,".

         (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".

         (5) 40 C.F.R. section 270.1(b)(1) and 270.1(b)(2) is excluded from incorporation.

         (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)(C), delete "and".

         (8) In 40 C.F.R. section 270.1(c)(2)(viii)(D), replace the period at the end with "; and".

         (9) In 40 C.F.R. section 270.1 (c) (2) (viii), add a new subparagraph (E) to read: "(E) Electronic items as described in 40 C.F.R. section 273.6, as incorporated and amended in section 11-273.1-1."

         (10) 40 C.F.R. section 270.1(c)(2)(ix) is excluded from incorporation.

         (11) 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. 270.60) and emergency permit (40 C.F.R. 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".

         (c) 40 C.F.R. section 270.3 is excluded from the incorporation by reference of 40 C.F.R. part 270.

        [Eff 7/17/17; am and comp SEP 30 2018 ] (Auth: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35) (Imp: HRS §§342J-4, 342J-5, 342J-30, 342J-31, 342J-34, 342J-35)

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