Hawaii Administrative Code

(a) The incorporation by reference of 40 C.F.R. section 279.72 is amended as follows: (1) In 40 C.F.R. section 279.72(a), delete "or other information". (2) In 40 C.F.R. section 279.72(b), delete "(or other information used to make the determination)". (b) The incorporation by re…

(a) The incorporation by reference of 40 C.F.R. section 279.80 is amended as follows: add a second sentence to read: "For used oil sent for disposal, a hazardous waste determination shall be made in accordance with 40 C.F.R. section 262.11, as incorporated and amended in section …

Used oil generators shall keep a record of each shipment of used oil that is delivered to a used oil transporter, or to a used oil burner, processor/re-refiner, or disposal facility. (1) Records of each delivery shall include: (A) The name and address of the receiving facility or…

(a) Each used oil transporter shall submit an annual report for the twelve-month period ending June 30. The report shall be submitted to the director not later than July 31 of each year. The report shall be completed on forms furnished by the director and shall contain the follow…

(a) No person shall own, operate, add, extend, or modify a used oil or used oil fuel transportation or processing/re-refining facility or used oil collection center without first obtaining a permit from the department, except as provided in subsection (b). a permit shall be issue…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 279, as incorporated and amended in this chapter:(1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid Waste and Emergency Response", "EPA Ad…

The incorporation by reference of 40 C.F.R. section 279.1 is amended as follows: (1) In the introductory paragraph of 40 C.F.R. section 279.1, replace the comma between "260.10" and "261.1" with the word "and" and delete ", and 280.12". (2) The following definitions are amended a…

(a) The incorporation by reference of 40 C.F.R. section 279.10 is amended as follows: (1) In 40 C.F.R. section 279.10(a), insert at the end of the paragraph: "For used oil sent for disposal, a hazardous waste determination shall be made in accordance with 40 C.F.R. section 262.11…

(a) The incorporation by reference of 40 C.F.R. section 279.20 is amended as follows: (1) In 40 C.F.R. section 279.20(b), replace "(b)(1) through (5)" with "(b)(1) to (6)". (2) In 40 C.F.R. section 279.20(b)(5), delete ", including the use of used oil as a dust suppressant,". (3)…

The incorporation by reference of 40 C.F.R. section 279.31 is amended as follows: replace 40 C.F.R. section 279.31(b)(2) in its entity to read: "(2) Obtain a permit under section 11-279.1-14." Notes Haw. Code R. § 11-279.1-6 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-35,…

(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 …

(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. sect…

(a) The incorporation by reference of 40 C.F.R. section 279.60 is amended as follows: (1) In 40 C.F.R. section 279.60(b)(4), delete "and". (2) In 40 C.F.R. section 279.60(b)(5), delete ", including the use of used oil as a dust suppressant," and replace the period at the end with…

(a) Within ninety days following confirmation of a release, the owner and operator shall notify those members of the public directly affected by the release in writing of the release and the proposed response to the release, including a historical account of actions performed sin…

(a) The requirements of this chapter apply to all owners and operators of an UST system as defined in section 11-280.1-12, except as otherwise provided in this section. (1) Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that s…

(a) An owner or operator may satisfy the requirements of section 11-280.1-93 by establishing a trust fund that conforms to the requirements of this section. The trustee must be an entity that has the authority to act as a trustee and whose trust operations are regulated and exami…

(a) An owner or operator using any one of the mechanisms authorized by section 11-280.1-96, 11-280.1-98, or 11-280.1-99 must establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund must be an entity that has the authority to act as a t…

(a) A general purpose local government owner or operator and/or local government serving as a guarantor may satisfy the requirements of section 11-280.1-93 by having a currently outstanding issue or issues of general obligation bonds of $1,000,000 or more, excluding refunded obli…

(a) A local government owner or operator may satisfy the requirements of section 11-280.1-93 by passing the financial test specified in this section. To be eligible to use the financial test, the local government owner or operator must have the ability and authority to assess and…

(a) A local government owner or operator may satisfy the requirements of section 11-280.1-93 by obtaining a guarantee that conforms to the requirements of this section. The guarantor must be a local government having a "substantial governmental relationship" with the owner or ope…

A local government owner or operator may satisfy the requirements of section 11-280.1-93 by establishing a dedicated fund account that conforms to the requirements of this section. Except as specified in paragraph (2), a dedicated fund may not be commingled with other funds or ot…

(a) An owner or operator may substitute any alternate financial assurance mechanisms as specified in this subchapter, provided that at all times the owner or operator maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the requirements…

(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator. (1) Termination of a local government guarantee, a guarantee, a surety bond, or a …

(a) Owners and operators must install an UST system listed in section 11-280.1-10(c)(1), (3), or (4) storing regulated substances (whether of single or double wall construction) that meets the following requirements: (1) Will prevent releases due to corrosion or structural failur…

(a) An owner or operator must submit the appropriate forms listed in section 11-280.1-111(b) documenting current evidence of financial responsibility to the director: (1) Within thirty days after the owner or operator identifies a release from an underground storage tank or tank …

(a) Owners or operators must maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this subchapter for an underground storage tank or tank system until released from the requirements of this subchapter under section 11-280.1-11…

(a) Except as specified in subsection (d), the director shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the director, up to the limit of funds provided by the financial assurance mechanism, into the standby…

An owner or operator is no longer required to maintain financial responsibility under this subchapter for an underground storage tank or tank system after the tank or tank system has been permanently closed or undergoes a change-in-service or, if release response action is requir…

(a) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator must notify the director by certified mail of such commencement and submit the appropriate forms li…

(a) If at any time after a standby trust is funded upon the instruction of the director with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and the amount in the standby trust is reduced below the full amount of cove…

When used in this chapter, the following terms have the meanings given below: "Aboveground release" means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground relea…

The following codes of practice may be used as guidance for complying with section 11-280.1-11: (1) NACE International Standard Practice SP 0285, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; (2) NACE International Standard Practice SP 0…

(a) No later than ninety days following the confirmation of a release, owners and operators must submit to the department a written report in the format specified by the department. The report must include:(1) All release response actions taken pursuant to this subchapter during …

(a) In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, owners and operators of UST systems must meet all applicable requirements of this subchapter. UST systems must meet …

(a) UST technical standards, as used in this subchapter, refers to the UST preventative and operating requirements under subchapters 2, 3, 4, 7, and 10 and section 11-280.1-50. (b) Petroleum production, refining, and marketing.(1) "Petroleum production" means the production of cr…

(a) All UST systems must comply with one of the following requirements: (1) UST system performance standards in section 11-280. 1-20(b) to (d); (2) For airport hydrant fuel distribution systems and UST systems with field-constructed tanks installed before July 15, 2018: (A) The s…

(a) The term "participating in the management of an UST or UST system" means that the holder is engaging in decision making control of, or activities related to, operation of the UST or UST system, as defined in this section. Actions that are participation in management: (1) Part…

Ownership of an UST or UST system or facility or property on which an UST or UST system is located. A holder is not an "owner" of a petroleum UST or UST system or facility or property on which a petroleum UST or UST system is located for purposes of compliance with the UST techni…

Owners and operators of hazardous substance UST systems must provide secondary containment for tanks and underground piping that meets the requirements of section 11-280.1-24. Notes Haw. Code R. § 11-280.1-23 [Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-32) (Imp: HRS §§ 342L-3, 342…

(a) Operating an UST or UST system prior to foreclosure. A holder, prior to foreclosure, as defined in section 11-280.1-210(c), is not an "operator" of a petroleum UST or UST system for purposes of compliance with the UST technical standards as defined in section 11-280.1-200(a),…

(a) Secondary containment systems must be designed, constructed, and installed to: (1) Contain regulated substances leaked from the primary containment until they are detected and removed; (2) Prevent the release of regulated substances to the environment at any time during the o…

All owners and operators of UST systems must ensure they have designated Class A, Class B, and Class C operators who meet the requirements of this subchapter. Notes Haw. Code R. § 11-280.1-240 [Eff 7/15/2018] (Auth: HRS §§ 342L-3, 342L-32) (Imp: HRS §§ 342L-3, 342L-32) Comp 1/17/…

(a) UST system owners and operators must designate:(1) At least one Class A and one Class B operator for each UST or group of USTs at a facility; and (2) Each individual who meets the definition of Class C operator at the UST facility as a Class C operator. (b) Separate individua…

UST system owners and operators must ensure Class A, Class B, and Class C operators meet the requirements of this section. Any individual designated for more than one operator class must successfully complete the required training program or comparable examination according to th…

(a) An owner and operator must ensure that designated Class A, Class B, and Class C operators meet the requirements in section 11-280.1-242. (b) Class A and Class B operators designated on or after July 15, 2018 must meet requirements in section 11-280.1-242 within thirty days of…

(a) Class A and class B operators shall be retrained every five years. Class C operators shall be retrained every three hundred sixty-five days. (b) Class A and Class B operators of UST systems determined by the department to be out of compliance must complete a training program …

Owners and operators of underground storage tank systems must maintain a list of designated Class A, Class B, and Class C operators and maintain records verifying that training and retraining, as applicable, have been completed, in accordance with section 11-280.1-34 as follows: …