§11-279.1-7 - Amendments to the incorporation of 40 C.F.R. part 279, subpart E.

§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 11-279.1-14".

         (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), add "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:"

        [Eff 7/17/17; am and comp SEP 30 2018 ] (Auth: HRS §§342J-4, 342J-31, 342J-35, 342J-52) (Imp: HRS §§342J-4, 342J-31, 342J-35, 342J-52)

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