reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Section 11-271.1-3 - Amendments to the incorporation of 40 C.F.R. part 124, subpart A

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				124.1 is amended as follows:
(1) Replace
				40 C.F.R. section
				124.1(a) in its entirety to
				read: "(a) This part contains state department of health procedures for
				issuing, modifying, revoking and reissuing, or terminating all RCRA permits
				governed by chapter
				11-270.1. The procedures of this part
				also apply to denial of a permit for the active life of a RCRA hazardous waste
				management facility or unit under
				40
				C.F.R. section 270.29, as incorporated and
				amended in section 11-270.1-1."
(2)
				Replace
				40 C.F.R. section
				124.1(b) in its entirety to
				read: "(b) Subpart A describes the steps the state department of health will
				follow in receiving permit applications, preparing draft permits, issuing
				public notice, inviting public comment, and holding public hearings on draft
				permits. Subpart A also covers assembling an administrative record, responding
				to comments, issuing a final permit decision, and allowing for administrative
				appeal of the final permit decisions. Subpart B contains public participation
				requirements applicable to all RCRA hazardous waste management
				facilities."
(3)
										40 C.F.R. section 124.1(d) to
				(f) is excluded from incorporation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Section 11-271.1-4 - Amendments to the incorporation of 40 C.F.R. part 124, subpart B

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				124.31 is amended as follows:
(1) Replace
				40 C.F.R. section
				124.31(a) in its entirety to
				read: "(a) Applicability. The requirements of this section shall apply to all
				RCRA part B applications seeking initial permits for hazardous waste management
				units. The requirements of this section shall also apply to RCRA part B
				applications seeking renewal of permits for such units, where the renewal
				application is proposing a significant change in facility operations. For the
				purposes of this section, a "significant change" is any change that would
				qualify as a class 3 permit modification under
				40 C.F.R.
				section 270.42, as incorporated and amended
				in section 11-270.1-1. The requirements of this section do not apply to permit
				modifications under
				40 C.F.R.
				section 270.42, as incorporated and amended
				in section 11-270.1-1, or to applications that are submitted for the sole
				purpose of conducting post-closure activities or post-closure activities and
				corrective action at a facility."
(2) In
				40 C.F.R. section
				124.31(b), delete ", or to
				the submission of a written Notice of Intent to be covered by a RCRA
				standardized permit (see 40 CFR part 270 , subpart J),".
(3) In
				40 C.F.R. section
				124.31(c), delete ", or with
				the written Notice of Intent to be covered by a RCRA standardized permit (see
				40 CFR part 270 , subpart J)".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.1 - Purpose and scope

Current through June, 2024
(a) This part contains state department of
					 health procedures for issuing, modifying, revoking and reissuing, or
					 terminating all RCRA permits governed by chapter
					 11-270.1. The procedures of this part
					 also apply to denial of a permit for the active life of a RCRA hazardous waste
					 management facility or unit under
					 40
					 C.F.R. section 270.29, as incorporated and
					 amended in section 11-270.1-1.
(b)
					 Subpart A describes the steps the state department of health will follow in
					 receiving permit applications, preparing draft permits, issuing public notice,
					 inviting public comment, and holding public hearings on draft permits. Subpart
					 A also covers assembling an administrative record, responding to comments,
					 issuing a final permit decision, and allowing for administrative appeal of the
					 final permit decisions. Subpart B contains public participation requirements
					 applicable to all RCRA hazardous waste management facilities.
(c) Part 124 offers an opportunity for public
					 hearings (see § 124.12).
(d)
					 [excluded from incorporation]
(e)
					 [excluded from incorporation]
(f)
					 [excluded from incorporation]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.2 - Definitions

Current through June, 2024
Terms used in this chapter have the meanings given in
						40
						C.F.R. section 270.2, as incorporated and
						amended in section 11-270.1-1. Terms not defined have the meaning given by
						RCRA.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.3 - Application for a permit

Current through June, 2024
(a)
(1) Any person who requires a permit under
					 40 C.F.R. section
					 270.1, as incorporated and amended in section
					 11-270.1-1, shall complete, sign, and submit to the director an application.
					 Applications are not required for RCRA permits by rule (40 C.F.R.
					 section 270.60, as incorporated and amended
					 in section 11-270.1-1).
(2) The
					 director shall not begin the processing of a permit until the application has
					 fully complied with the application requirements. See
					 40 C.F.R. sections
					 270.10 and
					 270.13,
					 as incorporated and amended in section 11-270.1-1.
(3) Permit applications must comply with the
					 signature and certification requirements of
					 40 C.F.R. section
					 270.11, as incorporated and amended in
					 section 11-270.1-1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.5 - Modification, revocation and reissuance, or termination of permits

Current through June, 2024
(a) Permits may be modified, revoked and
					 reissued, or terminated either at the request of any interested person
					 (including the permittee) or upon the director's initiative. However, permits
					 may only be modified, revoked and reissued, or terminated for the reasons
					 specified in
					 40 C.F.R.
					 sections 270.41 and
					 270.43, as
					 incorporated and amended in section 11-270.1-1. All requests shall be in
					 writing and shall contain facts or reasons supporting the request.
(b) If the Director decides the request is
					 not justified, he or she shall send the requester a brief written response
					 giving a reason for the decision. Denials of requests for modification,
					 revocation and reissuance, or termination are not subject to public notice,
					 comment, or hearings. Denials by the director may be informally appealed to the
					 director by a letter briefly setting forth the relevant facts. The appeal shall
					 be considered denied if the director takes no action on the letter within 60
					 days after receiving it.
(c)
(1) If the director tentatively decides to
					 modify or revoke and reissue a permit under
					 40 C.F.R.
					 section 270.41 or
					 270.42(c),
					 as incorporated and amended in section 11-270.1-1, he or she shall prepare a
					 draft permit under
					 40
					 C.F.R. section 124.6, as incorporated and
					 amended in this chapter, incorporating the proposed changes. The director may
					 request additional information and, in the case of a modified permit, may
					 require the submission of an updated application. In the case of revoked and
					 reissued permits, the director shall require the submission of a new
					 application.
(2) In a permit
					 modification under this section, only those conditions to be modified shall be
					 reopened when a new draft permit is prepared. All other aspects of the existing
					 permit shall remain in effect for the duration of the unmodified permit. When a
					 permit is revoked and reissued under this section, the entire permit is
					 reopened just as if the permit had expired and was being reissued. During any
					 revocation and reissuance proceeding the permittee shall comply with all
					 conditions of the existing permit until a new final permit is
					 reissued.
(3) "Classes 1 and 2
					 modifications" as defined in § 270.42 (a) and (b) are not subject to the
					 requirements of this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.6 - Draft permits

Current through June, 2024
(a) Once an
					 application is complete, the director shall tentatively decide whether to
					 prepare a draft permit or to deny the application.
(b) If the Director tentatively decides to
					 deny the permit application, he or she shall issue a notice of intent to deny.
					 A notice of intent to deny the permit application is a type of draft permit
					 which follows the same procedures as any draft permit prepared under this
					 section. See § 124.6(e). If the Director's final decision (§ 124.15)
					 is that the tentative decision to deny the permit application was incorrect, he
					 or she shall withdraw the notice of intent to deny and proceed to prepare a
					 draft permit under paragraph (d) of this section.
(c) [excluded from incorporation]
(d) If the director decides to prepare a
					 draft permit, he or she shall prepare a draft permit that contains the
					 following information:
(1) All the conditions
					 under
					 40 C.F.R. sections
					 270.30 and
					 270.32,
					 as incorporated and amended in section 11-270.1-1;
(2) All compliance schedules under
					 40 C.F.R. section
					 270.33, as incorporated and amended in
					 section 11-270.1-1;
(3) All
					 monitoring requirements under
					 40
					 C.F.R. section 270.31, as incorporated and
					 amended in section 11-270.1-1; and
(4) Standards for treatment, storage, and/or
					 disposal and other permit conditions under
					 40 C.F.R. section
					 270.30, as incorporated and amended in
					 section 11270.1-1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.7 - Statement of basis

Current through June, 2024
[The] state department of health shall prepare a
						statement of basis for every draft permit for which a fact sheet under §
						124.8 is not prepared. The statement of basis shall briefly describe the
						derivation of the conditions of the draft permit and the reasons for them or,
						in the case of notices of intent to deny or terminate, reasons supporting the
						tentative decision. The statement of basis shall be sent to the applicant and,
						on request, to any other person.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.8 - Fact sheet

Current through June, 2024
(a) A fact sheet shall be prepared for every
					 draft permit for a major HWM facility or activity and for every draft permit
					 which the director finds is the subject of wide-spread public interest or
					 raises major issues. The fact sheet shall briefly set forth the principal facts
					 and the significant factual, legal, methodological, and policy questions
					 considered in preparing the draft permit. The director shall send this fact
					 sheet to the applicant and, on request, to any other person.
(b) The fact sheet shall include, when
					 applicable:
(1) A brief description of the
					 type of facility or activity which is the subject of the draft
					 permit;
(2) The type and quantity
					 of wastes, fluids, or pollutants which are proposed to be or are being treated,
					 stored, disposed of, injected, emitted, or discharged.
(3) [excluded from incorporation]
(4) A brief summary of the basis for the
					 draft permit conditions including references to applicable statutory or
					 regulatory provisions and appropriate supporting references to the
					 administrative record required by § 124.9;
(5) Reasons why any requested variances or
					 alternatives to required standards do or do not appear justified;
(6) A description of the procedures for
					 reaching a final decision on the draft permit including:
(i) The beginning and ending dates of the
					 comment period under § 124.10 and the address where comments will be
					 received;
(ii) Procedures for
					 requesting a hearing and the nature of that hearing; and
(iii) Any other procedures by which the
					 public may participate in the final decision.
(7) Name and telephone number of a person to
					 contact for additional information.
(8) [excluded from incorporation]
(9) [excluded from incorporation]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.9 - Administrative record for draft permits

Current through June, 2024
(a) The provisions
					 of a draft permit prepared by [the] state department of health under §
					 124.6 shall be based on the administrative record defined in this
					 section.
(b) For preparing a draft
					 permit under § 124.6, the record shall consist of:
(1) The application, if required, and any
					 supporting data furnished by the applicant;
(2) The draft permit or notice of intent to
					 deny the application or to terminate the permit;
(3) The statement of basis (§ 124.7) or
					 fact sheet (§ 124.8);
(4) All
					 documents cited in the statement of basis or fact sheet; and
(5) Other documents contained in the
					 supporting file for the draft permit.
(6) [excluded from incorporation]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.10 - Public notice of permit actions and public comment period

Current through June, 2024
(a)
Scope.
(1) The Director shall give public notice
					 that the following actions have occurred:
(i)
					 A permit application has been tentatively denied under §
					 124.6(b);
(ii) A draft permit has
					 been prepared under § 124.6(d);
(iii) A hearing has been scheduled under
					 § 124.12;
(iv) [excluded from
					 incorporation]
(v) [excluded from
					 incorporation]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.11 - Public comments and requests for public hearings

Current through June, 2024
During the public comment period provided under §
						124.10, any interested person may submit written comments on the draft permit
						and may request a public hearing, if no hearing has already been scheduled. A
						request for a public hearing shall be in writing and shall state the nature of
						the issues proposed to be raised in the hearing. All comments shall be
						considered in making the final decision and shall be answered as provided in
						§ 124.17.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.12 - Public hearings

Current through June, 2024
(a)
(1) The Director shall hold a public hearing
					 whenever he or she finds, on the basis of requests, a significant degree of
					 public interest in a draft permit(s);
(2) The Director may also hold a public
					 hearing at his or her discretion, whenever, for instance, such a hearing might
					 clarify one or more issues involved in the permit decision;
(3)
(i)
					 [T]he Director shall hold a public hearing whenever he or she receives written
					 notice of opposition to a draft permit and a request for a hearing within 45
					 days of public notice under § 124.10(b)(1);
(ii) whenever possible the Director shall
					 schedule a hearing under this section at a location convenient to the nearest
					 population center to the proposed facility;
(4) Public notice of the hearing shall be
					 given as specified in § 124.10.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.13 - Obligation to raise issues and provide information during the public comment period

Current through June, 2024
All persons, including applicants, who believe any
						condition of a draft permit is inappropriate or that the Director's tentative
						decision to deny an application, terminate a permit, or prepare a draft permit
						is inappropriate, must raise all reasonably ascertainable issues and submit all
						reasonably available arguments supporting their position by the close of the
						public comment period (including any public hearing) under § 124.10. Any
						supporting materials which are submitted shall be included in full and may not
						be incorporated by reference, unless they are already part of the
						administrative record in the same proceeding, or consist of State or Federal
						statutes and regulations, EPA or state department of health documents of
						general applicability, or other generally available reference materials.
						Commenters shall make supporting materials not already included in the
						administrative record available to [the] state department of health as directed
						by the director. (A comment period longer than 30 days may be necessary to give
						commenters a reasonable opportunity to comply with the requirements of this
						section. Additional time shall be granted under § 124.10 to the extent
						that a commenter who requests additional time demonstrates the need for such
						time.)
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.14 - Reopening of the public comment period

Current through June, 2024
(a)
(1) The director may order the public comment
					 period reopened if the procedures of this paragraph could expedite the
					 decisionmaking process. When the public comment period is reopened under this
					 paragraph, all persons, including applicants, who believe any condition of a
					 draft permit is inappropriate or that the director's tentative decision to deny
					 an application, terminate a permit, or prepare a draft permit is inappropriate,
					 must submit all reasonably available factual grounds supporting their position,
					 including all supporting material, by a date, not less than sixty days after
					 public notice under paragraph (a)(2) of this section, set by the director.
					 Thereafter, any person may file a written response to the material filed by any
					 other person, by a date, not less than twenty days after the date set for
					 filing of the material, set by the director.
(2) Public notice of any comment period under
					 this paragraph shall identify the issues to which the requirements of §
					 124.14(a) shall apply.
(3) On his
					 own motion or on the request of any person, the director may direct that the
					 requirements of paragraph (a)(1) of this section shall apply during the initial
					 comment period where it reasonably appears that issuance of the permit will be
					 contested and that applying the requirements of paragraph (a)(1) of this
					 section will substantially expedite the decisionmaking process. The notice of
					 the draft permit shall state whenever this has been done.
(4) A comment period of longer than 60 days
					 will often be necessary in complicated proceedings to give commenters a
					 reasonable opportunity to comply with the requirements of this section.
					 Commenters may request longer comment periods and they shall be granted under
					 § 124.10 to the extent they appear necessary.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.15 - Issuance and effective date of permit; appeal of permits

Current through June, 2024
(a)
					 After the close of the public comment period under § 124.10 on a draft
					 permit, the director shall issue a final permit decision (or a decision to deny
					 a permit for the active life of a RCRA hazardous waste management facility or
					 unit under § 270.29). The director shall notify the applicant and each
					 person who has submitted written comments or requested notice of the final
					 permit decision. The notice of final permit decision shall inform the persons
					 authorized by
					 40 C.F.R. section
					 124.15(c), as incorporated
					 and amended in this chapter, to request a contested case hearing of the
					 procedures for requesting such a hearing. Chapter
					 11-1 procedures for contested case
					 hearings apply to contested case hearings for permits. For the purposes of this
					 section, a final permit decision means a final decision to issue, deny, modify,
					 revoke and reissue, or terminate a permit.
(b) A final permit decision (or a decision to
					 deny a permit for the active life of a RCRA hazardous waste management facility
					 or unit under § 270.29) shall become effective 30 days after the service
					 of notice of the decision unless:
(1) A later
					 effective date is specified in the decision;
(2) A written request for a contested case
					 hearing is made within thirty days of the date of issuance of the final permit
					 decision by a person authorized by
					 40 C.F.R. section
					 124.15(c), as incorporated
					 and amended in this chapter, to request a contested case hearing; or
(3) No comments requested a change in the
					 draft permit, in which case the permit shall become effective immediately upon
					 issuance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.17 - Response to comments

Current through June, 2024
(a) At the time
					 that any final permit decision is issued under
					 40 C.F.R. section
					 124.15, as incorporated and amended in this
					 chapter, the director shall issue a response to comments. This response shall:
(1) Specify which provisions, if any, of the
					 draft permit have been changed in the final permit decision, and the reasons
					 for the change; and
(2) Briefly
					 describe and respond to all significant comments on the draft permit raised
					 during the public comment period, or during any hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart A - General Program Requirements › Section 11-124.18 - Administrative record for final permit

Current through June, 2024
(a) The director
					 shall base final permit decisions under § 124.15 on the administrative
					 record defined in this section.
(b)
					 The administrative record for any final permit shall consist of the
					 administrative record for the draft permit and:
(1) All comments received during the public
					 comment period provided under § 124.10 (including any extension or
					 reopening under § 124.14);
(2)
					 The tape or transcript of any hearing(s) held under § 124.12;
(3) Any written materials submitted at such a
					 hearing;
(4) The response to
					 comments required by § 124.17 and any new material placed in the record
					 under that section;
(5) [excluded
					 from incorporation]
(6) Other
					 documents contained in the supporting file for the permit; and
(7) The final permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart B - Specific Procedures Applicable to RCRA Permits › Section 11-124.32 - Public notice requirements at the application stage

Current through June, 2024
(a)
					 Applicability. The requirements of this section shall apply to all RCRA part B
					 applications seeking initial permits for hazardous waste management units. The
					 requirements of this section shall also apply to RCRA part B applications
					 seeking renewal of permits for such units under
					 40 C.F.R. section
					 270.51, as incorporated and amended in
					 section 11-270.1-1. The requirements of this section do not apply to permit
					 modifications under
					 40 C.F.R.
					 section 270.42, as incorporated and amended
					 in section 11-270.1-1, or to permit applications that are submitted for the
					 sole purpose of conducting post-closure activities or post-closure activities
					 and corrective action at a facility.
(b) Notification at application submittal.
(1) The Director shall provide public notice
					 as set forth in § 124.10(c)(1)(ix), and notice to appropriate units of
					 State and local government as set forth in § 124.10(c)(1)(x), that a part
					 B permit application has been submitted to the state department of health and
					 is available for review.
(2) The
					 notice shall be published within a reasonable period of time after the
					 application is received by the Director. The notice must include:
(i) The name and telephone number of the
					 applicant's contact person;
(ii)
					 The name and telephone number of the permitting agency's contact office, and a
					 mailing address to which information, opinions, and inquiries may be directed
					 throughout the permit review process;
(iii) An address to which people can write in
					 order to be put on the facility mailing list;
(iv) The location where copies of the permit
					 application and any supporting documents can be viewed and copied;
(v) A brief description of the facility and
					 proposed operations, including the address or a map (e.g., a sketched or copied
					 street map) of the facility location on the front page of the notice;
					 and
(vi) The date that the
					 application was submitted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271.1 - HAZARDOUS WASTE MANAGEMENT: PERMIT PROCEDURES › Part 124 - PROCEDURES FOR DECISIONMAKING › Subpart B - Specific Procedures Applicable to RCRA Permits › Section 11-124.33 - Information repository

Current through June, 2024
(a) Applicability.
					 The requirements of this section apply to all applications seeking RCRA permits
					 for hazardous waste management units.
(b) The Director may assess the need, on a
					 case-by-case basis, for an information repository. When assessing the need for
					 an information repository, the Director shall consider a variety of factors,
					 including: the level of public interest; the type of facility; the presence of
					 an existing repository; and the proximity to the nearest copy of the
					 administrative record. If the Director determines, at any time after submittal
					 of a permit application, that there is a need for a repository, then the
					 Director shall notify the facility that it must establish and maintain an
					 information repository. (See
					 40 CFR
					 270.30(m) for similar
					 provisions relating to the information repository during the life of a
					 permit).
(c) The information
					 repository shall contain all documents, reports, data, and information deemed
					 necessary by the Director to fulfill the purposes for which the repository is
					 established. The Director shall have the discretion to limit the contents of
					 the repository.
(d) The
					 information repository shall be located and maintained at a site chosen by the
					 facility. If the Director finds the site unsuitable for the purposes and
					 persons for which it was established, due to problems with the location, hours
					 of availability, access, or other relevant considerations, then the Director
					 shall specify a more appropriate site.
(e) The Director shall specify requirements
					 for informing the public about the information repository. At a minimum, the
					 Director shall require the facility to provide a written notice about the
					 information repository to all individuals on the facility mailing
					 list.
(f) The facility
					 owner/operator shall be responsible for maintaining and updating the repository
					 with appropriate information throughout a time period specified by the
					 Director. The Director may close the repository at his or her discretion, based
					 on the factors in paragraph (b) of this section.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-1 - Incorporation of 40 C.F.R. part 273

Current through June, 2024
Title 40, part 273 of the Code of Federal Regulations
				  (C.F.R.), published by the Office of the Federal Register, as amended as of
				  July 1, 2020, is made a part of this chapter subject to the substitutions and
				  amendments set forth in sections 11-273.1-2 to 11-273.1-9.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-2 - Substitution of state terms and citations for federal terms and citations

Current through June, 2024
(a) The following federal terms are replaced
				by the indicated state terms in all provisions of 40 C.F.R. part 273 , as
				incorporated and amended in this chapter, except as listed in subsection (b):
(1) "Administrator", "Assistant
				Administrator", "Assistant Administrator for Solid Waste and Emergency
				Response", "EPA Administrator", "EPA Regional Administrator", "Regional
				Administrator", and "State Director" shall be replaced with
				"director".
(2) "Agency",
				"appropriate regional EPA office", "Environmental Protection Agency", "EPA",
				"EPA Headquarters", "EPA regional office", "EPA Regions", "U.S. Environmental
				Protection Agency", and "United States Environmental Protection Agency" shall
				be replaced with "State department of health" except in references to "EPA
				Acknowledgment of Consent", "EPA form(s)", "EPA guidance", "EPA hazardous waste
				numbers(s)", "EPA ID number", "EPA identification number(s)", "EPA manual(s)",
				"EPA publication(s)", and "EPA test methods".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-3 - Amendments to the incorporation of 40 C.F.R. part 273, subpart A

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R.
				section 273.1 is amended as follows:
(1) In
				40 C.F.R.
				section 273.1(a)(4), delete
				"and".
(2) In
				40 C.F.R.
				section 273.1(a)(5), replace
				the period at the end of the paragraph with a semicolon.
(3) In
				40 C.F.R.
				section 273.1(a), add a
				paragraph (6) to read: "(6) Electronic items as described in 40 C.F.R. section
				273.6.1, as incorporated and amended in this chapter; and".
(4) In
				40 C.F.R.
				section 273.1(a), add a
				paragraph (7) to read: "(7) Solar panels as described in 40 C.F.R. section
				273.6.2, as incorporated and amended in this chapter."
(5) In
				40 C.F.R.
				section 273.1(b), replace "
				40 CFR parts 260 through 272 " with "chapters
				11-260.1 to 11-270.1".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-6 - Amendments to the incorporation of 40 C.F.R. part 273, subpart D

Current through June, 2024
(a) The incorporation by reference of
				40 C.F.R. section
				273.54 is amended as follows: in
				40 C.F.R. section
				273.54(b), replace " 40 CFR
				parts 260 through 272 " with "chapters
				11-260.1 to 11-270.1".
(b) The incorporation by reference of 40
				C.F.R. part 273 is amended by adding a new section 273.57, to read:
"§273.57 Tracking universal waste shipments.
(a) Records of receipt of shipments. A
				transporter of universal waste must keep a record of each shipment of universal
				waste received by the transporter. The record may take the form of a log,
				invoice, manifest, bill of lading, or other shipping document. The record for
				each shipment of universal waste received must include the following
				information:
(1) The name and address of the
				originating universal waste handler or foreign shipper from whom the universal
				waste was sent;
(2) The quantity of
				each type of universal waste received (e.g., batteries, pesticides,
				mercury-containing equipment, lamps, electronic items); and
(3) The date of receipt of the shipment of
				universal waste.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-7 - Amendments to the incorporation of 40 C.F.R. part 273, subpart E

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 273.60 is amended as follows:
				in 40 C.F.R. section
				273.60(a), replace "section
				3010 of RCRA" with "section
				342J-6.5,
				HRS".
(b) The incorporation by
				reference of
				40 C.F.R. section
				273.62 is amended as follows: in
				40 C.F.R. section
				273.62(a)(2), replace
				"thermostats" with "mercury-containing equipment, lamps, electronic
				items".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-9 - Amendments to the incorporation of 40 C.F.R. part 273, subpart G

Current through June, 2024
The incorporation by reference of
				  40
				  C.F.R. section 273.80 is amended as follows:
				  in 40
				  C.F.R. section 273.80(d),
				  insert "and hazardous waste electronic nicotine delivery systems" after
				  "pharmaceuticals" and replace "a category" with "categories".
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Section 11-273.1-10 - Imports of universal waste

Current through June, 2024
(a) In addition to
				the requirements of
				40
				C.F.R. section 273.70, as incorporated and
				amended in this chapter, any person who imports universal waste from a foreign
				country into the State must submit the following information in writing to the
				director within thirty days after the waste has arrived in the State:
(1) The date the waste arrived in the State;
				and
(2) The disposition of the
				waste, i.e., storage, treatment, recycling, or disposal.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.1 - Scope

Current through June, 2024
(a) This part establishes requirements for
				  managing the following:
(1) Batteries as
				  described in
				  40 CFR
				  273.2;
(2) Pesticides as described in §
				  273.3;
(3) Mercury-containing
				  equipment as described in § 273.4;
(4) Lamps as described in §
				  273.5;
(5) Aerosol cans as
				  described in § 273.6;
(6)
				  Electronic items as described in 40 C.F.R. section 273.6.1, as incorporated and
				  amended in this chapter; and
(7)
				  Solar panels as described in 40 C.F.R. section 273.6.2, as incorporated and
				  amended in this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.2 - Applicability-batteries

Current through June, 2024
(a)
Batteries covered under 40 CFR
				  part 273 .
(1) The requirements of
				  this part apply to persons managing batteries, as described in § 273.9,
				  except those listed in paragraph (b) of this section.
(2) Spent lead-acid batteries which are not
				  managed under
				  40 C.F.R. section
				  266.80(b) to (e), as
				  incorporated and amended in section 11-266.1-1, are subject to management under
				  this part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.3 - Applicability-pesticides

Current through June, 2024
(a)
Pesticides covered under this
				  part 273.
The requirements of this part apply to persons managing
				  pesticides, as described in § 273.9, meeting the following conditions,
				  except those listed in paragraph (b) of this section:
(1) Recalled pesticides that are:
(i) Stocks of a suspended and canceled
				  pesticide that are part of a voluntary or mandatory recall under FIFRA Section
				  19(b), including, but not limited to those owned by the registrant responsible
				  for conducting the recall; or
(ii)
				  Stocks of a suspended or cancelled pesticide, or a pesticide that is not in
				  compliance with FIFRA, that are part of a voluntary recall by the
				  registrant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.4 - Applicability-Mercury-containing equipment

Current through June, 2024
(a)
Mercury-containing equipment covered under this part 273.
The
				  requirements of this part apply to persons managing mercury-containing
				  equipment, as described in § 273.9, except those listed in paragraph (b)
				  of this section.
(b)
Mercury-containing equipment not covered under this part 273.
The requirements of this part do not apply to persons managing the following
				  mercury-containing equipment:
(1)
				  Mercury-containing equipment that is not yet a waste under part 261 of this
				  chapter. Paragraph (c) of this section describes when mercury-containing
				  equipment becomes a waste;
(2)
				  Mercury-containing equipment that is not a hazardous waste. Mercury-containing
				  equipment is a hazardous waste if it exhibits one or more of the
				  characteristics identified in part 261, subpart C of this chapter or is listed
				  in part 261, subpart D of this chapter; and
(3) Equipment and devices from which the
				  mercury-containing components have been removed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.5 - Applicability-lamps

Current through June, 2024
(a)
Lamps covered under this part
				  273.
The requirements of this part apply to persons managing lamps as
				  described in § 273.9, except those listed in paragraph (b) of this
				  section.
(b)
Lamps not
				  covered under this part 273.
The requirements of this part do not
				  apply to persons managing the following lamps:
(1) Lamps that are not yet wastes under part
				  261 of this chapter as provided in paragraph (c) of this section.
(2) Lamps that are not hazardous waste. A
				  lamp is a hazardous waste if it exhibits one or more of the characteristics
				  identified in part 261, subpart C of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.6 - Applicability-Aerosol cans

Current through June, 2024
(a) Aerosol cans covered under this part. The
				  requirements of this part apply to persons managing aerosol cans, as described
				  in § 273.9, except those listed in paragraph (b) of this
				  section.
(b) Aerosol cans not
				  covered under this part. The requirements of this part do not apply to persons
				  managing the following types of aerosol cans:
(1) Aerosol cans that are not yet waste under
				  part 261 of this chapter. Paragraph (c) of this section describes when an
				  aerosol can becomes a waste;
(2)
				  Aerosol cans that are not hazardous waste. An aerosol can is a hazardous waste
				  if the aerosol can exhibits one or more of the characteristics identified in
				  part 261, subpart C, of this chapter or the aerosol can contains a substance
				  that is listed in part 261, subpart D, of this chapter; and
(3) Aerosol cans that meet the standard for
				  empty containers under § 261.7 of this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.6.1 - Applicability-Electronic items

Current through June, 2024
(a) Electronic items covered under chapter
				  11-273.1. The requirements of this
				  chapter apply to persons managing electronic items, as described in
				  40
				  C.F.R. section 273.9, as incorporated and
				  amended in this chapter, except those listed in paragraph (b) of this
				  section.
(b) Electronic items not
				  covered under chapter
				  11-273.1. The requirements of this
				  chapter do not apply to persons managing the following electronic items:
(1) Electronic items that are not yet wastes
				  under chapter
				  11-261.1. A universal waste handler
				  who claims that an electronic item is not a waste must manage that item as a
				  product and bears the burden of demonstrating that there is a known market or
				  disposition for its re-use as an electronic item.
(2) Electronic items that were previously
				  identified as wastes under chapter
				  11-261.1 but are no longer identified
				  as wastes (e.g., a discarded electronic item that is refurbished and is
				  returned to service).
(3)
				  Electronic items that do not exhibit a toxicity characteristic of a hazardous
				  waste as set forth in chapter
				  11-261.1 and that are not otherwise
				  identified as hazardous waste pursuant to chapter 11-261.1. A universal waste
				  handler who claims that a waste electronic item does not exhibit a toxicity
				  characteristic bears the burden of demonstrating that the electronic item is
				  not a hazardous waste. Assume all waste electronic items to be hazardous unless
				  you evaluate and can document that they are non-hazardous (e.g., pass the
				  Toxicity Characteristic Leaching Procedure [TCLP] test, as described in
				  40 C.F.R. sections
				  260.11 and
				  261.24
				  and incorporated by reference in chapters
				  11-260.1 and 11-261.1, and are not
				  otherwise identified as hazardous waste pursuant to chapter
				  11-261.1).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 273.1 - HAZARDOUS WASTE MANAGEMENT: STANDARDS FOR UNIVERSAL WASTE MANAGEMENT › Subpart A - General › Section 11-273.6.2 - Applicability-Solar panels

Current through June, 2024
(a) Solar panels
				  covered under chapter
				  11-273.1. The requirements of this
				  chapter apply to persons managing solar panels, as described in
				  40
				  C.F.R. section 273.9, as incorporated and
				  amended in this chapter, except those listed in paragraphs (b) and (c) of this
				  section.
(b) Solar panels not
				  covered under chapter
				  11-273.1. The requirements of this
				  chapter do not apply to persons managing the following solar panels:
(1) Solar panels that are not yet wastes
				  under chapter
				  11-261.1. Paragraph (d) of this
				  section describes when a solar panel becomes a waste. A universal waste handler
				  who claims that a solar panel is not a waste must manage that item as a product
				  and bears the burden of demonstrating that there is a known market or
				  disposition for its re-use as a solar panel.
(2) Solar panels that were previously
				  identified as wastes under chapter 11261.1 but are no longer identified as
				  wastes (e.g., a discarded solar panel that is refurbished and is returned to
				  service).
(3) Solar panels that do
				  not exhibit a toxicity characteristic of a hazardous waste as set forth in
				  chapter
				  11-261.1 and that are not otherwise
				  identified as hazardous waste pursuant to chapter
				  11-261.1. A universal waste handler
				  who claims that a waste solar panel does not exhibit a toxicity characteristic
				  bears the burden of demonstrating that the solar panel is not a hazardous
				  waste.
(4) Solar panels that
				  exhibit any characteristic of a hazardous waste other than the characteristic
				  of toxicity. Such solar panels must be managed as hazardous waste pursuant to
				  chapters
				  11-260.1 to 11-270.1.
(5) Solar panels that are recycled in a
				  manner constituting disposal, as described in
				  40 C.F.R. section
				  261.2(c)(1), as incorporated
				  and amended in chapter 11-261.1. Such solar panels must be managed as hazardous
				  waste pursuant to chapters
				  11-260.1 to
				  11-270.1.