Hawaii Administrative Code

The incorporation by reference of 40 C.F.R. section 263.20 is amended as follows: (1) 40 C.F.R. section 263.20(a)(3) is excluded from incorporation. (2) In 40 C.F.R. section 263.20(b), add a new sentence at the end of the section to read: "Before transporting the hazardous waste,…

The incorporation by reference of 40 C.F.R. section 263.30 is amended as follows: in 40 C.F.R. section 263.30(c)(1), insert "and to the State department of health, Hazard Evaluation and Emergency Response Office via the State Hospital at (808) 247-2191 after business hours or dir…

Title 40, part 264 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 11-264.1-2 to 11-264.1-24. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 264.143 is amended as follows: in 40 C.F.R. section 264.143(h), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with 'state…

Reserved for amendments to 40 C.F.R. part 264, subpart I. Notes Haw. Code R. § 11-264.1-11 [Eff JUL 17 2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

The incorporation by reference of 40 C.F.R. section 264.191 is amended as follows: (1) In 40 C.F.R. section 264.191(a), replace "January 12, 1988" with "January 12, 1988 for HSWA tanks and June 18, 1995 for non-HSWA tanks". (2) In 40 C.F.R. section 264.191(c), replace "Tank syste…

The incorporation by reference of 40 C.F.R. section 264.221 is amended as follows: in 40 C.F.R. section 264.221(e)(2)(i)(C), replace "RCRA section 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-264.1-13 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

Notes Haw. Code R. §§ 11-264.1-14 to 11-264.1-15 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 264.301 is amended as follows: (1) In 40 C.F.R. section 264.301(e)(2)(i)(C), replace "RCRA 3005(c)" with "section 342J-5, HRS". (2) 40 C.F.R. section 264.301(1) is excluded from incorporation. Notes Haw. Code R. § 11-264.1-16 [E…

Notes Haw. Code R. §§ 11-264.1-17 to 11-264.1-18 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.570 is amended as follows: in 40 C.F.R. section 264.570(a), replace "December 6, 1990" with "December 6, 1990 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads". Replace "December 24, 1992" with "December 24, 1…

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 264, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "Assistant Administrator", "Assistant Administrator for Solid W…

Notes Haw. Code R. § 11-264.1-20 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.1030 is amended as follows: (1) In 40 C.F.R. section 264.1030(b)(3), replace "262.34(a)" with "262.17". (2) In 40 C.F.R. section 264.1030(c), replace "when the permit is reissued" with "when a state hazardous waste manag…

(a) The incorporation by reference of 40 C.F.R. section 264.1050 is amended as follows: (1) In 40 C.F.R. section 264.1050(b)(2), replace "262.34(a)" with "262.17". (2) In 40 C.F.R. section 264.1050(c), replace "when the permit is reissued" with "when a state hazardous waste manag…

(a) The incorporation by reference of 40 C.F.R. section 264.1080 is amended as follows: (1) In 40 C.F.R. section 264.1080(b)(5), insert "section 342J-36, HRS;" after "CERCLA authorities; ". (2) In 40 C.F.R. section 264.1080(c), replace "when the permit is reissued" with "when a s…

The incorporation by reference of 40 C.F.R. section 264.1100 is amended as follows: in the introductory paragraph, replace "RCRA section 3004(k)" with "40 C.F.R. section 268.2(c), as incorporated and amended in section 11-268.1-1". Notes Haw. Code R. § 11-264.1-24 [Eff 7/17/2017]…

(a) The incorporation by reference of 40 C.F.R. section 264.1 is amended as follows: (1) In 40 C.F.R. section 264.1(a), replace "national standards" with "state standards". (2) Replace 40 C.F.R. section 264.1(d) in its entirety to read: "(d) Underground injection of hazardous was…

(a) The incorporation by reference of 40 C.F.R. section 264.12 is amended as follows: add a new subsection (d) to read: "(d) Any person who imports hazardous waste into the State from a foreign country or from any state must comply with section 11-262.1-16." (b) The incorporation…

Notes Haw. Code R. § 11-264.1-5 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.52 is amended as follows: in 40 C.F.R. section 264.52(d), replace "names, addresses, and phone numbers (office and home)" with "names and emergency telephone numbers". (b) The incorporation by reference of 40 C.F.R. sect…

(a) The incorporation by reference of 40 C.F.R. section 264.70 is amended as follows: 40 C.F.R. section 264.70(b) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 264.73 is amended as follows: (1) In 40 C.F.R. section 264.73(b)(4), replace "…

Notes Haw. Code R. § 11-264.1-8 Reserved 7/17/2017 Reserved 6/25/2020

(a) The incorporation by reference of 40 C.F.R. section 264.113 is amended as follows: 40 C.F.R. section 264.113(e)(7)(v) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 264.116 is amended as follows: replace "local zoning authority" with "…

Title 40, part 265 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 11-265.1-2 to 11-265.1-25. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 265.143 is amended as follows: in 40 C.F.R. section 265.143(g), replace "Region, identical evidence of financial assurance must be submitted to and maintained with the Regional Administrators of all such Regions" with 'state…

Reserved for amendments to 40 C.F.R. part 265, subpart I. Notes Haw. Code R. § 11-265.1-11 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Comp 1/29/2024…

The incorporation by reference of 40 C.F.R. section 265.191 is amended as follows: (1) In 40 C.F.R. section 265.191(a), replace "January 12, 1988" with "January 12, 1988 for HSWA tanks and June 18, 1995 for non-HSWA tanks". (2) In 40 C.F.R. section 265.191(c), replace "Tank syste…

The incorporation by reference of 40 C.F.R. section 265.221 is amended as follows: in 40 C.F.R. section 265.221(d)(2)(i)(C), replace "RCRA section 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-265.1-13 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35…

Notes Haw. Code R. §§ 11-265.1-14 to 11-265.1-15 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 265.301 is amended as follows: in 40 C.F.R. section 265.30l(d)(2)(i)(C), replace "RCRA 3005(c)" with "section 342J-5, HRS". Notes Haw. Code R. § 11-265.1-16 [Eff 7/17/20177] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp:…

The incorporation by reference of 40 C.F.R. section 265.340 is amended as follows: replace 40 C.F.R. section 265.340(b)(2) in its entirety to read: "(2) The following requirements continue to apply even when the owner or operator has demonstrated compliance with the MACT requirem…

Notes Haw. Code R. §§ 11-265.1-18 to 11-265.1-19 Reserved 7/17/2017 Reserved 6/25/2020

(a) The following federal terms are replaced by the indicated state terms in all provisions of 40 C.F.R. part 265, as incorporated and amended in this chapter, except as listed in subsection (b): (1) "Administrator", "applicable EPA Regional Administrator", "Assistant Administrat…

The incorporation by reference of 40 C.F.R. part 265, subpart R is amended as follows: replace 40 C.F.R. section 265.430 in its entirety to read: "§265.430 Applicability Underground injection of hazardous waste is prohibited in the State of Hawaii." Notes Haw. Code R. § 11-265.1-…

The incorporation by reference of 40 C.F.R. section 265.440 is amended as follows: in 40 C.F.R. section 265.440(a), replace "December 6, 1990" with "December 6, 1990 for HSWA drip pads and June 18, 1994 for non-HSWA drip pads". Replace "December 24, 1992" with "December 24, 1992 …

(a) The incorporation by reference of 40 C.F.R. section 265.1030 is amended as follows: 40 C.F.R. section 265.1030(c) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1033 is amended as follows: (1) In 40 C.F.R. section 265.1033(a)(2)(ii…

(a) The incorporation by reference of 40 C.F.R. section 265.1050 is amended as follows: 40 C.F.R. section 265.1050(f) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.1060 is amended as follows: in 40 C.F.R. section 265.1060 (b)(3), dele…

(a) The incorporation by reference of 40 C.F.R. section 265.1080 is amended as follows: (1) In 40 C.F.R. section 265.1080(b)(5), insert "section 342J-36, HRS;" after "CERCLA authorities; ". (2) In 40 C.F.R. section 265.1080(c)(1) and (2), replace "when the permit is reissued" wit…

The incorporation by reference of 40 C.F.R. section 265.1100 is amended as follows: in the introductory paragraph, replace "RCRA section 3004(k)" with "40 C.F.R. section 268.2(c), as incorporated and amended in section 11-268.1-1". Notes Haw. Code R. § 11-265.1-25 [Eff 7/17/2017]…

(a) The incorporation by reference of 40 C.F.R. section 265.1 is amended as follows: (1) In 40 C.F.R. section 265.1(a), replace "national standards" with "state standards ". (2) In 40 C.F.R. section 265.1(b), replace 'section 3005 RCRA" with "section 342J-5, HRS, ". Replace "faci…

(a) The incorporation by reference of 40 C.F.R. section 265.11 is amended as follows: replace "in accordance with the EPA notification procedures (45 FR 12746)" with "using EPA form 8700-12". (b) The incorporation by reference of 40 C.F.R. section 265.12 is amended as follows: ad…

Notes Haw. Code R. § 11-265.1-5 Reserved 7/17/2017 Reserved 6/25/2020

The incorporation by reference of 40 C.F.R. section 265.56 is amended as follows: in 40 C.F.R. section 265.56(d)(2), replace "either the government official designated as the on scene coordinator for that geographical area, or" with "the government official designated as the on-s…

(a) The incorporation by reference of 40 C.F.R. section 265.70 is amended as follows: 40 C.F.R. section 265.70(b) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.71 is amended as follows: the comment in 40 C.F.R. section 265.71(c) is ex…

The incorporation by reference of 40 C.F.R. section 265.90 is amended as follows: in section 40 C.F.R. section 265.90(d)(1), replace "develop" with "submit to the director". Notes Haw. Code R. § 11-265.1-8 [Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: HRS…

(a) The incorporation by reference of 40 C.F.R. section 265.113 is amended as follows: 40 C.F.R. section 265.113(e)(7)(v) is excluded from incorporation. (b) The incorporation by reference of 40 C.F.R. section 265.116 is amended as follows: replace "local zoning authority" with "…

Title 40, part 266 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 11-266.1-2 to 11-266.1-18. Notes Haw. C…

(a) The incorporation by reference of 40 C.F.R. section 266.100 is amended as follows: in 40 C.F.R. section 266.100(c)(3), replace "conditionally exempt small quantity generators under §261.5 of this chapter" with "very small quantity generators under 40 C.F.R. section 262.14, as…

Notes Haw. Code R. §§ 11-266.1-11 to 11-266.1-14 Reserved 7/17/2017 Reserved 6/25/2020