Hawaii Administrative Code

Notes Haw. Code R. § 11-504-40

All training courses which are used to fulfill certification requirements must be accredited by the department. One day of training equals eight hours, including breaks and lunch. Any applicant seeking accreditation of an asbestos training course shall comply with the requirement…

(a) Training courses which are accredited, licensed, certified, permitted or approved by a state other than Hawaii which has EPA approval on the effective date of these rules shall be accredited on an interim basis, according to the following guidelines, for a period of six month…

(a) The applicant for accreditation of an asbestos training course must submit the following information in writing to the department in compliance with the instructions on the application form: (1) The name, address, and phone number of the firm or person to be presenting the co…

The department may deny an application for accreditation of any training course that fails to meet the standards established by these rules, including, but not limited to: (1) Failure to demonstrate the ability of the training course to comply fully with applicable requirements, …

(a) Final accreditation shall be granted for a period of two years after the department has determined that the applicant's asbestos training course meets the requirements of these rules. Accreditation may involve an audit conducted by the department, which can include attending …

(a) The department may suspend, revoke, or modify any training course accreditation after a hearing in accordance with chapter 91, HRS, for: (1) Failure to comply with the applicable requirements, procedures, and standards; (2) Misrepresentation of the extent of a training course…

After accreditation has been granted, a certificate of accreditation shall be issued to the applicant and shall contain the following: (1) The date of issuance; (2) The date of expiration; (3) The name and address of the training agency, institution, firm, or person, and the name…

(a) Interim accreditation shall expire six months from the first day of the month stated on the letter of interim accreditation. (b) Complete accreditation shall expire two years from the first day of the month stated on the certificate of accreditation. Notes Haw. Code R. § 11-5…

(a) To renew an accreditation of an asbestos training course, the applicant shall resubmit the information required in section 11-504-43 without reference to any previously submitted material. A visitation is not required to renew accreditation. (b) In any case in which the respo…

(a) Persons certified by another state or agency on the effective date of these rules shall be certified on an interim basis for a period of six months from the effective date of these rules or until their current certification expires, whichever comes first. (b) All interim-appr…

(a) Each applicant for accreditation of an asbestos training course which is accredited, licensed, certified, permitted, or approved by a state other than Hawaii which has EPA approval may petition the director to grant complete accreditation without a visitation of the in-progre…

Training courses that have taken place prior to accreditation by the department may be accredited retroactively by the department, provided that all accreditation requirements, except the visitation, are met by the course and the candidate instructor. Notes Haw. Code R. § 11-504-…

(a) The initial training course for abatement workers shall consist of a four-day course that shall include lectures, demonstrations, fourteen hours of hands-on training, individual respirator fit testing, course review, and one or more written examinations. The fourteen hours of…

(a) Refresher training courses shall be specific to each discipline and each shall be not less than eight hours in length with the exception of the training course for inspectors. Refresher courses for inspectors shall be not less than four hours in length. Management planners sh…

(a) All persons who enroll in a training course shall be required to pass a closed book examination in written, multiple choice form with a minimum grade of seventy per cent correct in order to successfully complete the course. The examination shall be administered by the trainin…

The training provider shall issue certificates to students who successfully pass the examination at the end of an initial or refresher training course. The certificate shall include the following information: (1) A unique, identifying number for each student; (2) The name, addres…

(a) All providers of accredited asbestos training courses must comply with the following minimum record-keeping requirements: (1) A training provider must retain copies of all instructional materials used in the delivery of the classroom training such as student manuals, instruct…

(a) Each training course shall be taught by a department-approved instructor. Approval shall be based upon a review of the instructors academic credentials and/or field experience in asbestos abatement. The training provider must notify the department in advance whenever it chang…

Applications shall be made on forms provided by the director. The department may require further information to better determine whether an application should be approved or denied. If the department requests further information from an applicant, and does not receive that inform…

The director shall approve or deny a completed application within one hundred eighty days after submittal. The failure of the director to act within the one hundred eighty-day period shall be deemed an approval of the application. Notes Haw. Code R. § 11-504-7 [Eff ] (Auth: HRS §…

The director may deny an application for certification of any applicant who fails to meet the standards established by these rules, including: (1) Failure to demonstrate the ability to comply fully with applicable requirements, procedures, and standards set forth in these rules; …

The director may suspend, revoke, or modify any certification issued under these rules if, after according the certificate holder an opportunity for a hearing in accordance with chapter 91, HRS, the director determines that the person has not complied with applicable procedures a…

As used in this chapter: "33 CFR" means the Code of Federal Regulations, Title 33, Navigation and Navigable Waters, revised as of July 1, 2018, unless otherwise specified. "40 CFR" means the Code of Federal Regulations, Title 40, Protection of the Environment, revised as of July …

(a) Under the following circumstances, the director can revoke an issued certification without reissuance after holding a public hearing and notifying the federal licensing or permitting agency: (1) The federal license or permit or the federal licensing or permitting agency autho…

The director may, and upon request shall, provide federal licensing and permitting agencies with determinations, definitions, and interpretations of the meaning and content of state water quality standards. Notes Haw. Code R. § 11-53-11 [Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342…

(a) The director may determine activities that qualify for a certification waiver or that do not require a certification. Activities with a certification waiver or that do not require a certification must still comply with water quality standards. (b) Certification for an activit…

(a) If an activity is initiated without a certification, the director may issue or waive the certification for portions of the activity that were not initiated. No certification or waiver shall retroactively apply to any portion of an activity that has already occurred. (b) If an…

If any provisions of this chapter, or the application thereof to any person or circumstances, is held invalid, the invalidity does not affect other provisions or application of this chapter which can be given effect without the invalid provision or application, and to this end th…

(a) Section 401 of the Act provides that no license or permit can be issued to conduct any activity, including commencing construction or operation of a facility, that may result in a water pollutant discharge into state waters unless the State issues, waives, or does not require…

(a) Except as provided in subsection (c), the application shall include, at a minimum:(1) The certifying person's legal name, company or organization name, street or mailing address, telephone number, and email address; (2) The activity or facility name, location, island, and tax…

(a) The director shall act on an application within sixty days of acknowledging receipt of a complete application. Acting on an application means: (1) Issuing, reissuing, revoking and reissuing, modifying, denying, or initiating public notice of the certification; (2) Notifying t…

(a) The director may provide or require the applicant to provide opportunity for public comment or hearing(s), or both, to consider issuance of a certification. Public notice procedures shall include at least the following: (1) Notice shall be circulated within the geographical a…

(a) A certification issued by the director shall include:(1) The certifying person's legal name and street address, and the owner's and operator's corresponding information if different from the certifying person; (2) A statement that asserts that when all requirements and condit…

The owner and operator of an activity or facility for which a certification is issued shall comply with the following conditions: (1) Report to the federal licensing or permitting agency any non-compliance with the conditions of the issued certification; (2) Maintain records at t…

The department may enter and inspect any activity or facility in accordance with section 342D-8, HRS, before, during, or after, or any combination thereof, any activity, construction, or facility operation. Notes Haw. Code R. § 11-53-8 [Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D…

(a) At the request of the certifying person or at the director's initiative, the director may modify, revoke, or revoke and reissue an issued certification under the following circumstances: (1) Alterations or modifications to the activity or facility that will result in or have …

(a) A certification made by the department shall include: (1) The legal name(s), street address, contact person's name and position title, and telephone and fax numbers of the owner and, if applicable, its duly authorized representative; (2) A statement that the director has eith…

(a) The owner or its duly authorized representative shall submit a complete water quality certification application for the discharge resulting from an activity. The water quality certification application shall include at a minimum: (1) The legal name(s), street address, contact…

The director may provide the opportunity for public comment or hearing(s) or both to consider the issuance of a water quality certification. A notice shall be published in accordance with chapters 91 and 92, HRS. The director shall inform the owner or its duly authorized represen…

(a) If the director fails or refuses to act on a request for certification within one year after receipt of a complete water quality certification application, then the certification requirements of section 11-54-9.1 shall be waived with respect to the federal application. (b) If…

(a) The licensee or permittee shall comply with any new water quality standards as adopted by the department. (b) In any case where: (1) A certification or waiver was issued without applicable water quality standards; (2) Water quality standards applicable to the waters into whic…

Where any facility or activity has received certification or waiver pursuant to sections 11-54-9.1.01 to 11-54-9.1.09 in connection with the issuance of a license or permit for construction, and where the facility or activity is not required to obtain an operating license or perm…

If the director, after an inspection pursuant to section 11-54-9.1.06 determines that operation of the proposed facility or activity will violate applicable water quality standards, the director shall so notify the owner or, if applicable, its duly authorized representative and t…

Where a licensing or permitting agency, following a public hearing, suspends a license or permit after receiving the director's notice and recommendation pursuant to section 11-54-9.1.07 the owner or its duly authorized representative may submit evidence to the director, that the…

The director may, and upon request shall, provide licensing and permitting agencies with determinations, definitions, and interpretations to the meaning and content of state water quality standards. The director may, and upon request shall, also advise licensing and permitting ag…

As used in sections 11-54-9.1.01 to 11-54-9.1.10: "33 CFR" means the Code of Federal Regulations, Title 33, Corps of Engineers, Department of the Army, Department of Defense, revised as of July 1, 2011, unless otherwise specified. "40 CFR" means the Code of Federal Regulations, T…