Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 261.1 - HAZARDOUS WASTE MANAGEMENT: IDENTIFICATION AND LISTING OF HAZARDOUS WASTE › Section 11-261.1-10 - Amendments to the Incorporation of 40 C.F.R. part 261, subpart H

Current through June, 2024
(a) The incorporation by reference of
				40
				C.F.R. section 261.142 is amended as follows:
				in 40 C.F.R. section 261.142(a)(3) and
				(4), replace "§265.5113(d) of this
				chapter" with "
				40 C.F.R. section
				265.113(d), as incorporated
				and amended in section 11-265.1-1".
(b) The incorporation by reference of
				40 C.F.R. section
				261.143 is amended as follows: in
				40 C.F.R. section
				261.143(g), replace "Region,
				identical evidence of financial assurance must be submitted to and maintained
				with the Regional Administrators of all such Regions" with "state, identical
				evidence of financial assurance must be submitted to and maintained with the
				state agency regulating hazardous waste in all such states or with the
				appropriate Regional Administrator if the facility is located in an
				unauthorized state".
(c) The
				incorporation by reference of 40 C.F.R. section 261, 147 is amended as follows:
				in
				40 C.F.R. section
				261.147(a)(1)(i) and
				(b)(1)(i), replace", or Regional
				Administrators if the facilities are located in more than one Region" with". If
				the facilities are located in more than one state, identical evidence of
				financial assurance must be submitted to and maintained with the state agency
				regulating hazardous waste in all such states or with the appropriate Regional
				Administrator if the facility is located in an unauthorized state". Replace "a
				Regional Administrator" with "the director".
(d)
									40 C.F.R. sections
				261.149 and
				261.150
				are excluded from the incorporation by reference of 40 C.F.R. part
				261.
(e) The incorporation by
				reference of
				40 C.F.R. section
				261.151 is amended as follows: replace
				40 C.F.R. section
				261.151 in its entirety to read:
"§261.151 Wording of the instruments.
(a)
(1) A
				trust agreement for a trust fund, as specified in
				40 C.F.R. section
				261.143(a), as incorporated
				and amended in this chapter, must be worded as follows, except that
				instructions in brackets are to be replaced with the relevant information and
				the brackets deleted:
TRUST AGREEMENT
Trust Agreement, the "Agreement," entered into as of [date]
				  by and between [name of the owner or operator], a [name of State] [insert
				  "corporation," "partnership," "association," or "proprietorship"], the
				  "Grantor," and [name of corporate trustee], [insert "incorporated in the State
				  of ______" or "a national bank"], the "Trustee."
Whereas, the Department of Health, State of Hawaii, has
				  established certain regulations applicable to the Grantor, requiring that an
				  owner or operator of a facility regulated under chapter
				  11-264.1 or 11-265.1, Hawaii
				  Administrative Rules, or satisfying the conditions of the exclusion under the
				  incorporated version of
				  40
				  C.F.R. section 261.4(a)(24),
				  as amended, in section 11-261.1-1, Hawaii Administrative Rules, shall provide
				  assurance that funds will be available if needed for care of the facility under
				  the incorporated version of subpart G of 40 C.F.R. part 264 or 265 , as
				  amended, in section 11-264.1-1 or 11-265.1-1, Hawaii Administrative Rules, as
				  applicable.
Whereas, the Grantor has elected to establish a trust to
				  provide all or part of such financial assurance for the facilities identified
				  herein, Whereas, the Grantor, acting through its duly authorized officers, has
				  selected the Trustee to be the trustee under this agreement, and the Trustee is
				  willing to act as trustee.
Now, Therefore, the Grantor and the Trustee agree as
				  follows:
Section 1. Definitions. As
				used in this Agreement:
(a) The term
				"Grantor" means the owner or operator who enters into this Agreement and any
				successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who
				enters into this Agreement and any successor Trustee.
(c) The term "department" means the
				Department of Health, State of Hawaii.
(d) The term "director" means the director of
				the Department of Health, State of Hawaii.