Hawaii Administrative Code

(a) General Requirements. (1) An application for a used oil or used oil fuel permit shall be completed on forms furnished by the director. (2) The applicant shall be the owner of the facility. Each application shall contain the original signature of the applicant and shall consti…

(a) Duration of permit. The director may grant a permit for any term, not exceeding five years and upon application may renew a permit from time to time for a term not exceeding five years, if such is in the public interest. (b) Modification of a permit. The permittee may request…

A person shall not willfully alter, forge, counterfeit, or falsify a permit. Notes Haw. Code R. § 11-279-94 [Eff ] (Auth: HRS § 342J-52) (Imp: HRS §§ 342J-53, 342J-54)

(a) The permit filing fee shall be as follows: Type of Handler Initial Applic. Renewal Modif. requested to DOH Modif. requested by DOH Recycler $250 $250 $250 none Recycler & marketer 250 250 250 none Recycler & transporter 300 300 300 none Recycler, transporter & marketer 300 30…

Any person who violates any provision of this subchapter shall be subject to the penalties provided in chapter 342J, HRS. Notes Haw. Code R. § 11-279-96 [Eff ] (Auth: HRS § 342J-52) (Imp: HRS §§ 342J-9, 342J-10)

Title 40, part 279 of the Code of Federal Regulations (C.F.R.), published by the Office of the Federal Register, as amended as of July 1, 2022, is made a part of this chapter subject to the substitutions and amendments set forth in sections 11-279.1-2 to 11-279.1-11. Notes Haw. C…

(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…

Notes Haw. Code R. §§ 11-280-100 to 11-280-204 Rep 7/17/2017

(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…

Notes Haw. Code R. §§ 11-280.1-100 to 11-280.1-101 Reserved 7/15/2018 Res 3/21/2025

(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…

Notes Haw. Code R. §§ 11-280.1-116 to 11-280.1-199 Reserved 7/15/2018 Res 3/21/2025

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…

Notes Haw. Code R. §§ 11-280.1-14 to 11-280.1-19 Reserved 7/15/2018 Res 3/21/2025

(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…

Notes Haw. Code R. §§ 11-280.1-201 to 11-280.1-209 Reserved 7/15/2018 Res 3/21/2025

(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…