§11-270.1-4 - Amendments to the incorporation of 40 C.F.R. part 270, subpart B.

§11-270.1-4 Amendments to the incorporation of 40 C.F.R. part 270, subpart B.

         (a) The incorporation by reference of 40 C.F.R. section 270.10 is amended as follows:

         (1) 40 C.F.R. section 270.10(a)(6) is excluded from incorporation.

         (2) In 40 C.F.R. section 270.10 (e) (1) (iii), replace "March 24, 1987" with "June 18, 1994".

         (3) 40 C.F.R. section 270.10(e)(2) is excluded from incorporation.

         (4) In 40 C.F.R. section 270.10(e)(3), insert ", or the director may by compliance order issued under section 342J-7, HRS," after "section 3008 of RCRA".

         (5) In 40 C.F.R. section 270.10(e)(4), delete "The State Director may require submission of part B (or equivalent completion of the State RCRA application process) if the State in which the facility is located has received interim or final authorization; if not, the Regional Administrator may require submission of Part. B." Replace "this Act" with "chapter 342J, HRS".

         (6) In 40 C.F.R. section 270.10(f)(2), replace "The application shall be filed with the Regional Administrator if at the time of application the State in which the new hazardous waste management facility is proposed to be located has not received interim or final authorization for permitting such activity; otherwise it shall be filed with the State Director" with "The application shall be filed with the director".

         (7) 40 C.F.R. section 270.10(g) (1) (i) is excluded from incorporation.

         (8) Replace 40 C.F.R. section 270.10(g)(1)(ii) in its entirety to read: "(ii) With the director, no later than the effective date of amendments to provisions in chapter 11-261.1 listing or designating wastes as hazardous, if the facility is treating, storing, or disposing of any of those newly listed or designated wastes; or".

         (9) Replace 40 C.F.R. section 270.10(g)(1)(iii) in its entirety to read: "(iii) As necessary to comply with provisions of 40 C.F.R. section 270.72, as incorporated and amended in this chapter, for changes during interim status. These revised Part A applications shall be filed with the director."

         (10) Replace section 40 C.F.R. section 270.10(h) in its entirety to read: "(h) Reapplying for a permit. If you have an effective permit and you want to reapply for a new one, you must submit a new application at least 180 days before the expiration date of the effective permit, unless the director allows a later date."

         (b) The incorporation by reference of 40 C.F.R. section 270.12 is amended as follows: in 40 C.F.R. section 270.12(a), replace "40 CFR part 2" and "40 CFR part 2 (Public Information)" with "sections 342J-14 and 342J-14.5, HRS, and any applicable provisions of chapter 2-71 and chapter 92F, HRS".

         (c) The incorporation by reference of 40 C.F.R. section 270.14 is amended as follows:

         (1) In 40 C.F.R. section 270.14(a), replace "§§0.14 through 270.29" with "40 C.F.R. sections 270.14 to 270.29, as incorporated and amended in this chapter,".

         (2) In 40 C.F.R. section 270.14(b)(11)(iv)(C)(2), delete "271,".

         (3) 40 C.F.R. section 270.14(b)(18) is excluded from incorporation.

         (4) Replace 40 C.F.R. section 270.14(b)(20) in its entirety to read: "(20) Applicants may be required to submit such information as may be necessary to enable the director to carry out his duties under other state laws or applicable federal laws."

        [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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