[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53742-53747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21497]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 282

[EPA-R09-UST-2007-1122; FRL-8716-3]


Underground Storage Tank Program: Approved State Program for 
Hawaii

AGENCY: Environmental Protection Agency (EPA).

ACTION: Immediate final rule.

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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended 
(RCRA), authorizes EPA to grant approval to States to operate their 
underground storage tank programs in lieu of the Federal program. This 
action codifies EPA's decision to approve State programs and 
incorporates by reference those provisions of the State statutes and 
regulations that will be subject to EPA's inspection and enforcement 
authorities in accordance with sections 9005 and 9006 of RCRA Subtitle 
I and other applicable statutory and regulatory provisions. This rule 
codifies the prior approval of the State of Hawaii's underground 
storage tank program and incorporates by reference appropriate 
provisions of State statutes and regulations.

DATES: This final rule is effective November 17, 2008, unless EPA 
publishes a prior Federal Register notice withdrawing this immediate 
final rule. All comments on the codification of Hawaii's underground 
storage tank program must be received by the close of business October 
17, 2008. The incorporation by reference of certain publications listed 
in the regulations is approved by the Director of the Federal Register, 
as of November 17, 2008, in accordance with 5 U.S.C. 552(a).

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
UST-2007-112, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow the on-line 
instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#73121e12011c5d1f1206011a16331603125d141c05"><span class="__cf_email__" data-cfemail="086965697a672664697d7a616d486d7869266f677e">[email protected]</span></a>.
    <bullet> Fax: (415) 947-3530.
    <bullet> Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne 
Street, (Mail Code: WST-8), San Francisco, CA 94105.
    <bullet> Hand Delivery: Laurie Amaro, Waste Management Division, 
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such 
deliveries are only accepted during EPA's normal hours of operation and 
should be made to the EPA receptionist office on the first floor.
    Instructions: Direct your comments to Docket ID No. EPA-R09-UST-
2007-112. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statue. Do not submit information that you consider to be 
CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means WPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an e-mail comment directly to EPA without going through http://www.regulations.gov your e-mail address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to

[[Page 53743]]

technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other materials, 
such as copyrighted material, will be publicly available only in hard 
copy. Publicly available docket materials are available either 
electronically through http://www.regulations.gov or in hard copy at 
the EPA Region 9 Environmental Information Center Library, 13th Floor, 
75 Hawthorne Street, San Francisco, CA 94706; Business hours: 9 a.m. to 
noon and 1 p.m. to 4 p.m., Monday-Thursday. Phone Number: (415) 947-
4406; e-mail address: <a href="/cdn-cgi/l/email-protection#325e5b504053404b1f4057555b5d5c0b725742531c555d44"><span class="__cf_email__" data-cfemail="9df1f4ffeffcefe4b0eff8faf4f2f3a4ddf8edfcb3faf2eb">[email protected]</span></a>.
    You may also view and copy Hawaii's underground storage tank 
statute and regulations at: Hawaii Department of Health, Solid and 
Hazardous Waste Branch, 919 Ala Moana Blvd., Room 212, Honolulu, Hawaii 
96814-4920. Call (808) 586-4226 in advance to make an appointment.

FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. EPA Region 9, 75 
Hawthorne Street, (Mail Code: WST-8), San Francisco, CA 94105. Phone 
Number: (415) 972-3364; e-mail address: <a href="/cdn-cgi/l/email-protection#395854584b561755584c4b505c795c4958175e564f"><span class="__cf_email__" data-cfemail="61000c00130e4f0d0014130804210411004f060e17">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    Section 9004 of RCRA, 42 U.S.C. 6991c, allows the EPA to approve a 
State underground storage tank program to operate in the State in lieu 
of the Federal underground storage tank program. EPA published a rule 
in the Federal Register granting approval to Hawaii on September 25, 
2002, and approval was effective on September 30, 2002 (67 FR 60161).
    EPA codifies its approval of a State program in 40 CFR part 282 and 
incorporates by reference therein the State's statutes and regulations 
that make up the approved program which is federally-enforceable in 
accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 
6991d and 6991e, and other applicable statutory and regulatory 
provisions. Today's rulemaking codifies EPA's approval of Hawaii's 
underground storage tank program. This codification reflects the State 
program in effect at the time EPA granted Hawaii's approval, in 
accordance with section 9004(a), 42 U.S.C. 6991c(a), for its 
underground storage tank program. Notice and opportunity for comment 
were provided earlier on the Agency's decision to approve the Hawaii 
program, and EPA is not now reopening that decision nor requesting 
comment on it.
    To codify EPA's approval of Hawaii's underground storage tank 
program, EPA has added section 282.61 to title 40 of the CFR. 40 CFR 
282.61(d)(1)(i) incorporates by reference the State's statutes and 
regulations that make up the approved program which is federally-
enforceable. 40 CFR 282.61 also references the Attorney General's 
Statement, the Demonstration of Adequate Enforcement Procedures, the 
Program Description, and the memorandum of Agreement, which were 
evaluated as part of the approval process of the underground storage 
tank program, in accordance with Subtitle I of RCRA.
    EPA retains the authority in accordance with sections 9005 and 9006 
of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable 
statutory and regulatory provisions, to undertake inspections and 
enforcement actions in approved States. With respect to such an 
enforcement action, EPA will rely on Federal sanctions, Federal 
inspection authorities, and Federal procedures rather than the State 
analogues of these provisions. Therefore, Hawaii's inspection and 
enforcement authorities are not incorporated by reference, nor are they 
part of Hawaii's approved state program which operates in lieu of the 
Federal program. These authorities, however, are listed in 40 CFR 
282.61(d)(1)(ii) for informational purposes, and also because EPA 
considered them in determining the adequacy of Hawaii's enforcement 
authority. Hawaii's authority to inspect and enforce the State's 
underground storage tank requirements continues to operate 
independently under State law.
    Some provisions of the State's underground storage tank program are 
not part of the federally-approved State program. These non-approved 
provisions are not part of the RCRA Subtitle I program because they are 
``broader in scope'' than Subtitle I of RCRA. See 40 CFR 
281.12(a)(3)(ii). As a result, State provisions which are ``broader in 
scope'' than the Federal program are not incorporated by reference for 
purposes of Federal enforcement in 40 CFR part 282. Section 
282.61(d)(1)(iii) of the codification simply lists for reference and 
clarity the Hawaii statutory and regulatory provisions which are 
``broader in scope'' than the Federal program and which are not, 
therefore, part of the approved program being codified today. ``Broader 
in scope'' provisions cannot be enforced by EPA; the State, however, 
will continue to enforce such provisions.
    When the phrases, ``insofar'' and ``except insofar,'' are used in 
Appendix A (which provides an informational listing of the state 
requirements incorporated by reference in Part 282 of the Code of 
Federal Regulations), refer to the binders in the codification 
materials for specifics as to any words, phrases, sentences, 
paragraphs, or subsections that are ``crossed-out'' in the binders. 
These crossed-out materials are not incorporated by reference in Part 
282 of the Code of Federal Regulations.

Statutory and Executive Order Reviews

    This action only codifies EPA-authorized underground storage tank 
program requirements pursuant to RCRA section 9004 and imposes no 
requirements other than those imposed by State law (see SUPPLEMENTARY 
INFORMATION). Therefore, this rule complies with applicable executive 
orders and statutory provisions as follows.
    1. Executive Order 12866: Regulatory Planning Review--The Office of 
Management and Budget has exempted this rule from its review under 
Executive Order (EO) 12866. 2. Paperwork Reduction Act--This rule does 
not impose an information collection burden under the Paperwork 
Reduction Act. 3. Regulatory Flexibility Act--After considering the 
economic impacts of today's rule on small entities under the Regulatory 
Flexibility Act, I certify that this rule will not have a significant 
economic impact on a substantial number of small entities. 4. Unfunded 
Mandates Reform Act--Because this rule codifies pre-existing 
requirements under state law and does not impose any additional 
enforceable duty beyond that required by state law, it does not contain 
any unfunded mandate or significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act. 5. 
Executive Order 13132: Federalism--EO 13132 does not apply to this rule 
because it will not have federalism implications (i.e., substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government). 6. Executive 
Order 13175: Consultation and Coordination with Indian Tribal 
Governments--EO 13175 does not apply

[[Page 53744]]

to this rule because it will not have tribal implications (i.e., 
substantial direct effects on one or more Indian tribes, on the 
relationship between the Federal Government and Indian tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian tribes). 7. Executive Order 13045: Protection of 
Children from Environmental Health & Safety Risks--This rule is not 
subject to EO 13045 because it is not economically significant and it 
is not based on health or safety risks. 8. Executive Order 13211: 
Actions that Significantly Affect Energy Supply, Distribution, or Use--
This rule is not subject to EO 13211 because it is not a significant 
regulatory action as defined in EO 12866. 9. National Technology 
Transfer and Advancement Act--EPA has previously addressed the non-
applicability of the National Technology Transfer and Advancement Act 
in its final approval of this state program. See 67 FR 60161 for final 
approval of state program. Section 12(d) of the National Technology 
Transfer and Advancement Act does not apply to this action. 10. 
Congressional Review Act--EPA will submit a report containing this rule 
and other information required by the Congressional Review Act (5 
U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication in the Federal Register. A major rule cannot take effect 
until 60 days after it is published in the Federal Register. This 
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). 
Nevertheless, to allow time for public comment, this action will be 
effective on November 17, 2008.

List of Subjects in 40 CFR Part 282

    Environmental protection, Hazardous substances, Incorporation by 
reference, Intergovernmental relations, State program approval, 
Underground storage tanks, Water pollution control.

    Dated: September 5, 2008.
Jane Diamond,
Acting Regional Administrator, EPA Region 9.

0
For the reasons set forth in the preamble, 40 CFR part 282 is amended 
as follows:

PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS

0
1. The authority citation for part 282 continues to read as follows:

    Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.

Subpart B--Approved State Programs

0
2. Subpart B is amended by adding Sec.  282.61 to read as follows:


Sec.  282.61  Hawaii State-Administered Program.

    (a) The State of Hawaii's underground storage tank program is 
approved in lieu of the Federal program in accordance with Subtitle I 
of the Resource Conservation and Recovery Act of 1976 (RCRA), as 
amended, 42 U.S.C. 6991 et seq. The State's program, as administered by 
the Hawaii Department of Health, was approved by EPA pursuant to 42 
U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii 
underground storage tank program on September 25, 2002, and approval 
was effective on September 30, 2002.
    (b) Hawaii has primary responsibility for enforcing its underground 
storage tank program. However, EPA retains the authority to exercise 
its inspection and enforcement authorities in accordance with sections 
9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, 
regardless of whether the State has taken its own actions, as well as 
in accordance with other statutory and regulatory provisions.
    (c) To retain program approval, Hawaii must revise its approved 
program to adopt new changes to the Federal Subtitle I program that 
make it more stringent, in accordance with section 9004 of RCRA, 42 
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Hawaii obtains 
approval for the revised requirements pursuant to section 9004 of RCRA, 
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions 
will be added to this subpart and notice of any change will be 
published in the Federal Register.
    (d) Hawaii has final approval for the following elements submitted 
to EPA in the State's program application for final approval. On 
September 25, 2002, EPA published a rule approving the State's program 
in the Federal Register, 67 FR 60161. That approval became effective on 
September 30, 2002. Copies of Hawaii's program application may be 
obtained from the Hawaii Department of Health, Solid and Hazardous 
Waste Branch, 919 Ala Moana Boulevard, Suite 212, Honolulu, HI 96814.
    (1) State statutes and regulations. (i) The provisions cited in 
paragraph (d)(1)(i) of this section are incorporated by reference as 
part of the approved underground storage tank program in accordance 
with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (A) Hawaii Statutory Requirements Applicable to the Underground 
Storage Tank Program, 2001.
    (B) Hawaii Regulatory Requirements Applicable to the Underground 
Storage Tank Program, 2001.
    (ii) EPA considered the following statutes and regulations in 
evaluating the State program, but did not incorporate them by 
reference.
    (A) The statutory provisions include of the Hawaii Revised 
Statutes:

(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage 
Tanks.
    Section 342L-1 Definitions (insofar as ``complaint'' sets forth 
enforcement authorities)
    Section 342L-2 Administration
    Section 342L-3 Powers; rulemaking; appointment of hearings 
officers
    Section 342L-7 Authority to obtain information and data, 
inspect, and require and conduct activities; penalties for 
disclosure
    Section 342L-8 Enforcement
    Section 342L-9 Emergency powers; procedures
    Section 342L-10 Penalties
    Section 342L-11 Administrative penalties
    Section 342L-12 Injunctive relief
    Section 342L-12.5 Intervention
    Section 342L-13 Appeal
    Section 342L-15 Public records; confidential information
    Section 342L-17 Other action not barred
    Section 342L-18 Enforcement by state and county authorities
    Section 342L-19 Other powers of department not affected
    Section 342L-20 Effect of laws, ordinances, and rules
    Section 342L-21 Priority in courts
    Section 342L-30 Notification requirements (insofar as paragraph 
(i) of this section grants the Department authority to assess 
penalties for noncompliance)
    Section 342L-51 Leaking underground storage tank fund
    Section 342L-52 Response to suspected or confirmed releases 
(insofar as it sets forth enforcement authorities)
    Section 342L-53 Cost recovery
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
    Section 342D-8 Inspection of premises
    Section 342D-9 Enforcement
    Section 342D-10 Emergency powers; procedures
    Section 342D-11 Injunctive relief
    Section 342D-12 Appeal
    Section 342D-14 Public records; confidential information; 
penalties
    Section 342D-30 Civil penalties
    Section 342D-31 Administrative penalties
    Section 342D-32 Negligent violations
    Section 342D-33 Knowing violations
    Section 342D-34 Knowing endangerment
    Section 342D-35 False statements
    Section 342D-36 Treatment of single operational upset
    Section 342D-37 Responsible corporate officer as ``person''

[[Page 53745]]

    Section 342D-39 Disposition of collected fines and penalties
    Section 342D-52 Testing of water and aquatic and other life
(3) Hawaii Revised Statutes, Chapter 128D, Environmental Response 
Law.
    Section 128D-4 State response authorities; uses of fund (insofar 
as it sets forth enforcement authorities for certain corrective 
actions)

    (B) The regulatory provisions include; Hawaii Administrative Rules, 
Chapter 11-281, Underground Storage Tanks:

    Section 11-281-03 Definitions (insofar as ``complaint'' sets 
forth enforcement authorities; and insofar as ``field citation'' and 
``force majeure'' relate to the Department's enforcement 
authorities)
    Section 11-281-80 Public participation for corrective action 
plans (insofar as paragraph (j) of this section sets forth 
enforcement authorities)
    Section 11-281-121 Purpose
    Section 11-281-122 Applicability
    Section 11-281-123 Issuance and contents of a field citation
    Section 11-281-124 Notice of citation
    Section 11-281-125 Field citation order and settlement agreement
    Section 11-281-126 Correcting violations; paying the settlement 
amount; and signing the settlement agreement
    Section 11-281-127 Method of payment
    Section 11-281-128 Field citation penalty amounts for settlement
    Section 11-281-131 Appendices VII and VIII (insofar as they 
relate to the Department's field citation program)

    (iii) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the approved 
program, and are not incorporated by reference. These provisions are 
not federally enforceable.
    (A) The statutory provisions include; Hawaii Revised Statutes, 
Chapter 342L, Underground Storage Tanks:

    Section 342L-1 Definitions (``owner'' insofar as it includes 
persons who hold indicia of ownership to protect an interest in a 
tank system; ``permit'' insofar as it sets forth a permitting 
program; and ``regulated substance'' insofar as it includes other 
substances as designated by the Department)
    Section 342L-4 Permits; procedures for (insofar as it 
establishes a permitting program)
    Section 342L-5 Variances allowed (insofar as variances exceed 
the scope of the federal program)
    Section 342L-6 Variances; procedures for (insofar as variances 
exceed the scope of the federal program)
    Section 342L-14 Fees (insofar as it grants the director 
authority to establish fees for registering underground storage 
tanks)
    Section 342L-16 Non-liability of department personnel (insofar 
as it was specifically not authorized in the Federal Register notice 
of program approval)
    Section 342L-23 Directory of underground storage tank service 
providers (insofar as it was specifically not authorized in the 
Federal Register notice of program approval)
    Section 342L-31 Permit requirements and transfer of permit 
(insofar as it requires owners and operators to obtain permits to 
install or operate UST systems)
    Section 342L-50 Definitions (insofar as the definition of 
``owner'' defines lenders as operators and subjects such lenders to 
requirements other than the corrective action requirements)

    (B) The regulatory provisions include the following sections of 
Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:

    Section 11-281-03 Definitions (``farm tank'' insofar as it 
regulates tanks on farms that are not used for farm or commercial 
purposes; ``regulated substance'' insofar as the Department can 
designate other substances; ``reportable quantity'' insofar as it 
sets forth a reporting threshold of 10 lbs. for trichloropropane; 
and ``underground storage tank'' insofar as its designation of farm 
tanks exceeds the scope of the federal regulations)
    Section 11-281-23 Permit required (insofar as it relates to the 
permitting program)
    Section 11-281-24 Application for a permit (insofar as 
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to 
the permitting program)
    Section 11-281-25 Permit (insofar as paragraphs (a) and (b) of 
this section relate to the permitting program)
    Section 11-281-26 Permit renewals (insofar as it relates to the 
permitting program)
    Section 11-281-27 Action on and timely approval of an 
application for a permit (insofar as it relates to the permitting 
program)
    Section 11-281-28 Permit conditions (insofar as it relates to 
the permitting program)
    Section 11-281-29 Modification of permit and notice of change 
(insofar as it relates to the permitting program)
    Section 11-281-30 Revocation or suspension of permit (insofar as 
it relates to the permitting program)
    Section 11-281-31 Change in owner or operator for a permit 
(insofar as it relates to the permitting program)
    Section 11-281-32 Variances allowed (insofar as variances exceed 
the scope of the federal program)
    Section 11-281-33 Variance applications (insofar as variances 
exceed the scope of the federal program)
    Section 11-281-34 Maintenance of permit or variance (insofar as 
it relates to the permitting program)
    Section 11-281-35 Fees (insofar as it establishes registration 
fees)
    Section 11-281-45 Reporting and recordkeeping (insofar as 
paragraph (b)(3)of this section addresses posting of signs; and 
paragraph (c)(6) of this section requires maintenance of permit 
records)
    Section 11-281-73 Posting of signs (insofar as there is no 
analogous provision in the federal regulations)
    Section 11-281-131 Appendices II, IV, V, and VI of this section 
(insofar as they address permit application and transfer procedures 
and variances)

    (2) Statement of legal authority. (i) ``Attorney General's 
Statement,'' signed by the State Attorney General on October 12, 2000, 
though not incorporated by reference, is referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (ii) Letter from the Attorney General of Hawaii to EPA, October 12, 
2000, though not incorporated by reference, is referenced as part of 
the approved underground storage tank program in accordance with 
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
    (3) Demonstration of procedures for adequate enforcement. The 
``Demonstration of Procedures for Adequate Enforcement'' submitted as 
part of the original application on May 23, 2001, though not 
incorporated by reference, is referenced as part of the approved 
underground storage tank program in accordance with Subtitle I of RCRA, 
42 U.S.C. 6991 et seq.
    (4) Program Description. The program description and any other 
material submitted as part of the original application on May 23, 2001, 
though not incorporated by reference, are referenced as part of the 
approved underground storage tank program in accordance with Subtitle I 
of RCRA, 42 U.S.C. 6991 et seq.
    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 9 and the Hawaii Department of Health, signed by the EPA 
Regional Administrator on September 13, 2002, though not incorporated 
by reference, is referenced as part of the approved underground storage 
tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et 
seq.

0
3. Appendix A to Part 282 is amended by adding in alphabetical order 
``Hawaii'' and its listing to read as follows:

Appendix A to Part 282--State Requirements Incorporated by Reference in 
Part 282 of the Code of Federal Regulations

* * * * *

Hawaii

    (a) The statutory provisions include:

(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage 
Tanks.
    Section 342L-1 Definitions (except ``complaint'' insofar as it 
sets forth

[[Page 53746]]

enforcement authorities; ``owner'' insofar as it includes persons 
who hold indicia of ownership to protect an interest in a tank 
system; ``permit'' insofar as it sets forth a permitting program; 
and ``regulated substance'' insofar as it includes other substances 
as designated by the Department)
    Section 342L-7.5 Record maintenance
    Section 342L-30 Notification requirements (except paragraph (i) 
of this section insofar as it grants the Department authority to 
assess penalties for noncompliance)
    Section 342L-32 Standards for tanks and tank systems
    Section 342L-33 Release detection
    Section 342L-34 Reporting of releases
    Section 342L-35 Response to suspected or confirmed releases
    Section 342L-36 Financial responsibility
    Section 342L-37 Underground storage tank and tank system change 
in service and closure requirements
    Section 342L-50 Definitions (except ``owner'' insofar as it 
defines lenders as operators and subjects such lenders to 
requirements other than the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
    Section 342D-1 Definitions
    Section 342D-4 Duties; rules
    Section 342D-7 Variances (Insofar as paragraph (a) of this 
appendix is applicable to the underground storage tank program)
    Section 342D-38 Hazardous substance defined
    Section 342D-50 Prohibition
    Section 342D-51 Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution 
Management and Control.
    Section 342E-1 Definitions
    Section 342E-2 Nonpoint source pollution management and control 
program

    (b) The regulatory provisions include:

(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage 
Tanks
    Section 11-281-01 Applicability
    Section 11-281-02 Prohibition for deferred underground storage 
tanks or tank systems
    Section 11-281-03 Definitions (except ``complaint'' insofar as 
it sets forth enforcement authorities; ``farm tank'' insofar as it 
regulates tanks on farms that are not used for farm or commercial 
purposes; ``field citation'' and ``force majeure'' insofar as they 
relate to the Department's enforcement authorities; ``regulated 
substance'' insofar as the Department can designate other 
substances; ``reportable quantity'' insofar as it sets forth a 
reporting threshold of 10 lbs. for trichloropropane; and 
``underground storage tank'' insofar as its designation of farm 
tanks exceeds the scope of the federal regulations)
    Section 11-281-11 Performance standards for underground storage 
tanks and tank systems
    Section 11-281-12 Tank requirements
    Section 11-281-13 Piping requirements
    Section 11-281-14 Spill and overfill prevention equipment
    Section 11-281-15 Installation
    Section 11-281-16 Certification of installation
    Section 11-281-17 Secondary containment
    Section 11-281-18 Upgrading of existing underground storage 
tanks and tank systems
    Section 11-281-21 Notification requirements for tanks brought 
into use before the effective date of these rules
    Section 11-281-22 Notification requirements for tanks brought 
into use on or after the effective date of these rules
    Section 11-281-24 Application for a permit (except insofar as 
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to 
the permitting program)
    Section 11-281-25 Permit (except insofar as paragraphs (a) and 
(b) of this section relate to the permitting program)
    Section 11-281-41 Spill and overfill control
    Section 11-281-42 Operation and maintenance of corrosion 
protection systems
    Section 11-281-43 Compatibility
    Section 11-281-44 Repairs
    Section 11-281-45 Reporting and recordkeeping (except paragraph 
(b)(3) of this section insofar as it addresses posting of signs; and 
paragraph (c)(6) insofar as it requires maintenance of permit 
records)
    Section 11-281-51 General requirements for all underground 
storage tanks or tank systems
    Section 11-281-52 Methods of release detection for tanks
    Section 11-281-53 Methods of release detection for piping
    Section 11-281-54 Release detection recordkeeping
    Section 11-281-61 Reporting of suspected releases
    Section 11-281-62 Investigation of off-site impacts
    Section 11-281-63 Release investigation and confirmation steps
    Section 11-281-64 Reporting and cleanup of spills and overfills
    Section 11-281-71 General
    Section 11-281-72 Immediate response actions
    Section 11-281-74 Initial abatement measures and site assessment
    Section 11-281-75 Initial site characterization
    Section 11-281-76 Free product removal
    Section 11-281-77 Investigation of soil and ground water 
contamination
    Section 11-281-78 Site cleanup criteria
    Section 11-281-78.1 Notification of confirmed releases
    Section 11-281-79 Corrective action plan
    Section 11-281-80 Public participation for corrective action 
plans [except paragraph (j) insofar as it sets forth enforcement 
authorities]
    Section 11-281-80.1 Reporting and recordkeeping
    Section 11-281-81 Temporary closure
    Section 11-281-82 Permanent closure and change-in-service
    Section11-281-83 Site assessment
    Section 11-281-84 Previously closed underground storage tanks or 
tank systems
    Section 11-281-85 Closure records
    Section 11-281-91 Applicability
    Section 11-281-93 Definition of terms
    Section 11-281-94 Amount and scope of required financial 
responsibility
    Section 11-281-95 Allowable mechanisms and combinations of 
mechanisms
    Section 11-281-96 Financial test of self-insurance
    Section 11-281-97 Guarantee
    Section 11-281-98 Insurance and risk retention group
    Section 11-281-99 Surety bond
    Section 11-281-100 Letter of credit
    Section 11-281-101 Trust fund
    Section 11-281-102 Standby trust fund
    Section 11-281-103 Local government bond rating test
    Section 11-281-104 Local government financial test
    Section 11-281-106 Local government guarantee
    Section 11-281-107 Local government fund
    Section 11-281-108 Substitution of financial assurance 
mechanisms by owner or operator
    Section 11-281-109 Cancellation or nonrenewal by a provider of 
financial assurance
    Section 11-281-110 Reporting by owner or operator
    Section 11-281-111 Recordkeeping
    Section 11-281-112 Drawing on financial assurance mechanisms
    Section 11-281-113 Release from financial responsibility
    Section 11-281-114 Bankruptcy or other incapacity of owner or 
operator or provider of financial assurance
    Section 11-281-115 Replenishment of guarantees, letters of 
credit, or surety bonds
    Section 11-281-131 Appendices I and III (Notification for 
Underground Storage Tanks, June 1999 and Certification of 
Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste 
Management: Standards for Owners and Operators of Hazardous Waste 
Treatment, Storage, and Disposal Facilities, Subpart J, Tank 
Systems.
    Section 11-264-190 Applicability
    Section 11-264-191 Assessment of existing tank system's 
integrity
    Section 11-264-192 Design and installation of new tank systems 
or components
    Section 11-264-193 Containment and detection of releases
    Section 11-264-194 General operating requirements
    Section 11-264-195 Inspections
    Section 11-264-196 Response to leaks or spills and disposition 
of leaking or unfit-for use tank systems

[[Page 53747]]

    Section 11-264-197 Closure and post-closure care
    Section 11-264-198 Special requirements for ignitable or 
reactive wastes
    Section 11-264-199 Special requirements for incompatible wastes
    Section 11-264-200 Air emission standards

[FR Doc. E8-21497 Filed 9-16-08; 8:45 am]
BILLING CODE 6560-50-P


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