reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.115 - What if I want to keep this information confidential?

Current through June, 2024
Applicable provisions of chapter
						  2-71 and chapter
						  92F, HRS allows you to claim as
						  confidential any or all of the information you submit to [the] state department
						  of health under this subpart. You must assert any such claim at the time that
						  you submit your RAP application or other submissions by stamping the words
						  "confidential business information" on each page containing such information.
						  If you do assert a claim at the time you submit the information, [the] state
						  department of health will treat the information according to the procedures in
						  applicable provisions of chapter 2-71 and chapter
						  92F, HRS. If you do not assert a
						  claim at the time you submit the information, [the] state department of health
						  may make the information available to the public without further notice to you.
						  [The] state department of health will deny any requests for confidentiality of
						  your name and/or address.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.120 - To whom must I submit my RAP application?

Current through June, 2024
You must submit your application for a RAP to the
						  Director for approval.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › APPLYING FOR A RAP › Section 11-270.125 - If I submit my RAP application as part of another document, what must I do?

Current through June, 2024
If you submit your application for a RAP as a part of
						  another document, you must clearly identify the components of that document
						  that constitute your RAP application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.130 - What is the process for approving or denying my application for a RAP?

Current through June, 2024
(a) If the Director tentatively finds that
						your RAP application includes all of the information required by 270110 and
						that your proposed remediation waste management activities meet the regulatory
						standards, the Director will make a tentative decision to approve your RAP
						application The Director will then prepare a draft RAP and provide an
						opportunity for public comment before making a final decision on your RAP
						application, according to this subpart.
(b) If the Director tentatively finds that
						your RAP application does not include all of the information required by §
						270.110 or that your proposed remediation waste management activities do not
						meet the regulatory standards, the Director may request additional information
						from you or ask you to correct deficiencies in your application. If you fail or
						refuse to provide any additional information the Director requests, or to
						correct any deficiencies in your RAP application, the Director may make a
						tentative decision to deny your RAP application. After making this tentative
						decision, the Director will prepare a notice of intent to deny your RAP
						application ("notice of intent to deny") and provide an opportunity for public
						comment before making a final decision on your RAP application, according to
						the requirements in this Subpart. The Director may deny the RAP application
						either in its entirety or in part.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.135 - What must the Director include in a draft RAP?

Current through June, 2024
If the Director prepares a draft RAP, it must include
						  the:
(a) Information required under
						§ 270.110(a) through (f);
(b)
						The following terms and conditions:
(1) Terms
						and conditions necessary to ensure that the operating requirements specified in
						your RAP comply with applicable requirements of parts 264, 266, and 268 of this
						chapter (including any recordkeeping and reporting requirements). In satisfying
						this provision, the Director may incorporate, expressly or by reference,
						applicable requirements of parts 264, 266, and 268 of this chapter into the RAP
						or establish site-specific conditions as required or allowed by parts 264, 266,
						and 268 of this chapter;
(2) Terms
						and conditions in § 270.30;
(3) Terms and conditions for modifying,
						revoking and reissuing, and terminating your RAP, as provided in §
						270.170; and
(4) Any additional
						terms or conditions that the Director determines are necessary to protect human
						health and the environment, including any terms and conditions necessary to
						respond to spills and leaks during use of any units permitted under the RAP;
						and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.140 - What else must the Director prepare in addition to the draft RAP or notice of intent to deny?

Current through June, 2024
Once the Director has prepared the draft RAP or notice
						  of intent to deny, he must then:
(a)
						Prepare a statement of basis that briefly describes the derivation of the
						conditions of the draft RAP and the reasons for them, or the rationale for the
						notice of intent to deny;
(b)
						Compile an administrative record, including:
(1) The RAP application, and any supporting
						data furnished by the applicant;
(2) The draft RAP or notice of intent to
						deny;
(3) The statement of basis
						and all documents cited therein (material readily available at the department
						or published material that is generally available need not be physically
						included with the rest of the record, as long as it is specifically referred to
						in the statement of basis); and
(4)
						Any other documents that support the decision to approve or deny the RAP;
						and
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.145 - What are the procedures for public comment on the draft RAP or notice of intent to deny?

Current through June, 2024
(a) The Director must:
(1) Send notice to you of his intention to
						approve or deny your RAP application, and send you a copy of the statement of
						basis;
(2) Publish a notice of his
						intention to approve or deny your RAP application in a major local newspaper of
						general circulation;
(3) Broadcast
						his intention to approve or deny your RAP application over a local radio
						station; and
(4) Send a notice of
						his intention to approve or deny your RAP application to each unit of county
						government having jurisdiction over the area in which your site is located, and
						to each State agency having any authority under State law with respect to any
						construction or operations at the site.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.150 - How will the Director make a final decision on my RAP application?

Current through June, 2024
(a) The Director must consider and respond to
						any significant comments raised during the public comment period, or during any
						hearing on the draft RAP or notice of intent to deny, and revise your draft RAP
						based on those comments, as appropriate.
(b) If the Director determines that your RAP
						includes the information and terms and conditions required in § 270.135,
						then he will issue a final decision approving your RAP and, in writing, notify
						you and all commenters on your draft RAP that your RAP application has been
						approved.
(c) If the Director
						determines that your RAP does not include the information required in §
						270.135, then he will issue a final decision denying your RAP and, in writing,
						notify you and all commenters on your draft RAP that your RAP application has
						been denied.
(d) If the Director's
						final decision is that the tentative decision to deny the RAP application was
						incorrect, he will withdraw the notice of intent to deny and proceed to prepare
						a draft RAP, according to the requirements in this subpart.
(e) When the Director issues his final RAP
						decision, he must refer to the procedures for appealing the decision under
						§ 270.155, chapter
						91, HRS, and section
						342J-12, HRS.
(f) Before issuing the final RAP decision,
						the Director must compile an administrative record. Material readily available
						at the department or published materials which are generally available and
						which are included in the administrative record need not be physically included
						with the rest of the record as long as it is specifically referred to in the
						statement of basis or the response to comments. The administrative record for
						the final RAP must include information in the administrative record for the
						draft RAP (see § 270.140(b)) and:
(1) All
						comments received during the public comment period;
(2) Tapes or transcripts of any
						hearings;
(3) Any written materials
						submitted at these hearings;
(4)
						The responses to comments;
(5) Any
						new material placed in the record since the draft RAP was issued;
(6) Any other documents supporting the RAP;
						and
(7) A copy of the final
						RAP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.155 - May the decision to approve or deny my RAP application be administratively appealed?

Current through June, 2024
Appeals of RAPs may be made to the same extent as for
						  final permit decisions under § 124.15 of this chapter (or a decision under
						  § 270.29 to deny a permit for the active life of a RCRA hazardous waste
						  management facility or unit).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.160 - When does my RAP become effective?

Current through June, 2024
Your RAP becomes effective 30 days after the Director
						  notifies you and all commenters that your RAP is approved unless:
(a) The Director specifies a later effective
						date in his decision;
(b) You or
						another person has appealed your RAP under
						40
						C.F.R. section 270.155, as incorporated and
						amended in this chapter; or
(c) No
						commenters requested a change in the draft RAP, in which case the RAP becomes
						effective immediately when it is issued.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › GETTING A RAP APPROVED › Section 11-270.165 - When may I begin physical construction of new units permitted under the RAP?

Current through June, 2024
You must not begin physical construction of new units
						  permitted under the RAP for treating, storing or disposing of hazardous
						  remediation waste before receiving a finally effective RAP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.170 - After my RAP is issued, how may it be modified, revoked and reissued, or terminated?

Current through June, 2024
In your RAP, the Director must specify, either directly
						  or by reference, procedures for future modifications, revocations and
						  reissuance, or terminations of your RAP. These procedures must provide adequate
						  opportunities for public review and comment on any modification, revocation and
						  reissuance, or termination that would significantly change your management of
						  your remediation waste, or that otherwise merits public review and comment. If
						  your RAP has been incorporated into a traditional RCRA permit, as allowed under
						  § 270.85(c), then the RAP will be modified according to the applicable
						  requirements in §§ 270.40 through 270.42, revoked and reissued
						  according to the applicable requirements in §§ 270.41 and 270.43, or
						  terminated according to the applicable requirements of §
						  270.43.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.175 - For what reasons may the Director choose to modify my final RAP?

Current through June, 2024
(a) After affording you an opportunity for a
						hearing in accordance with chapter
						91, HRS, [t]he Director may modify
						your final RAP on his own initiative only if one or more of the following
						reasons listed in this section or reasons listed in section
						342J-5,
						HRS, exist(s). If one or more of these reasons do not exist, then the Director
						will not modify your final RAP, except at your request. Reasons for
						modification are:
(1) You made material and
						substantial alterations or additions to the activity that justify applying
						different conditions;
(2) The
						Director finds new information that was not available at the time of RAP
						issuance and would have justified applying different RAP conditions at the time
						of issuance;
(3) The standards or
						regulations on which the RAP was based have changed because of new or amended
						statutes, standards or regulations, or by judicial decision after the RAP was
						issued;
(4) If your RAP includes
						any schedules of compliance, the Director may find reasons to modify your
						compliance schedule, such as an act of God, strike, flood, or materials
						shortage or other events over which you as the owner/operator have little or no
						control and for which there is no reasonably available remedy;
(5) You are not in compliance with conditions
						of your RAP;
(6) You failed in the
						application or during the RAP issuance process to disclose fully all relevant
						facts, or you misrepresented any relevant facts at the time;
(7) The Director has determined that the
						activity authorized by your RAP endangers human health or the environment and
						can only be remedied by modifying; or
(8) You have notified the Director (as
						required in the RAP under § 270.30(l)(3)) of a proposed transfer of a
						RAP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.180 - For what reasons may the Director choose to revoke and reissue my final RAP?

Current through June, 2024
(a) After affording you an opportunity for a
						hearing in accordance with chapter
						91, HRS, [t]he Director may revoke and
						reissue your final RAP on his own initiative only if one or more reasons for
						revocation and reissuance exist(s). If one or more reasons do not exist, then
						the Director will not modify or revoke and reissue your final RAP, except at
						your request. Reasons for modification or revocation and reissuance are the
						same as the reasons listed for RAP modifications in § 270.175(a)(5)
						through (8) and section
						342J-5,
						HRS, if the Director determines that revocation and reissuance of your RAP is
						appropriate.
(b) The Director will
						not reevaluate the suitability of the facility location at the time of RAP
						revocation and reissuance, unless new information or standards indicate that a
						threat to human health or the environment exists that was unknown when the RAP
						was issued.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.185 - For what reasons may the Director choose to terminate my final RAP, or deny my renewal application?

Current through June, 2024
After affording you an opportunity for a hearing in
						  accordance with chapter
						  91, HRS, [t]he Director may terminate
						  your final RAP on his own initiative, or deny your renewal application for the
						  same reasons as those listed for RAP modifications in § 270.175(a)(5)
						  through (7) and section
						  342J-5,
						  HRS, if the Director determines that termination of your RAP or denial of your
						  RAP renewal application is appropriate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.190 - May the decision to approve or deny a modification, revocation and reissuance, or termination of my RAP be administratively appealed?

Current through June, 2024
Appeals of decisions to approve or deny a modification,
						  revocation and reissuance, or termination of a RAP may be made to the same
						  extent as for final permit decisions under
						  40 C.F.R. section
						  124.15, as incorporated and amended in
						  section 11-271.1-1, or a decision to deny 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 this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.195 - When will my RAP expire?

Current through June, 2024
RAPs must be issued for a fixed term, not to exceed
						  five years, although they may be renewed upon approval by the Director in fixed
						  increments of no more than five years. In addition, the Director must review
						  any RAP for hazardous waste land disposal five years after the date of issuance
						  or reissuance and you or the Director must follow the requirements for
						  modifying your RAP as necessary to assure that you continue to comply with
						  currently applicable requirements in sections
						  342J-5
						  and
						  342J-34,
						  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.200 - How may I renew my RAP if it is expiring?

Current through June, 2024
If you wish to renew your expiring RAP, you must follow
						  the process for application for and issuance of RAPs in this
						  subpart.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › HOW MAY MY RAP BE MODIFIED, REVOKED AND REISSUED, OR TERMINATED? › Section 11-270.205 - What happens if I have applied correctly for a RAP renewal but have not received approval by the time my old RAP expires?

Current through June, 2024
If you have submitted a timely and complete application
						  for a RAP renewal, but the Director, through no fault of yours, has not issued
						  a new RAP with an effective date on or before the expiration date of your
						  previous RAP, your previous RAP conditions continue in force until the
						  effective date of your new RAP or RAP denial.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › OPERATING UNDER YOUR RAP › Section 11-270.210 - What records must I maintain concerning my RAP?

Current through June, 2024
You are required to keep records of:
(a) All data used to complete RAP
						applications and any supplemental information that you submit for a period of
						at least 3 years from the date the application is signed; and
(b) Any operating and/or other records the
						Director requires you to maintain as a condition of your RAP.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › OPERATING UNDER YOUR RAP › Section 11-270.215 - How are time periods in the requirements in this subpart and my RAP computed?

Current through June, 2024
(a) Any time period
						scheduled to begin on the occurrence of an act or event must begin on the day
						after the act or event. (For example, if your RAP specifies that you must close
						a staging pile within 180 days after the operating term for that staging pile
						expires, and the operating term expires on June 1, then June 2 counts as day
						one of your 180 days, and you would have to complete closure by November
						28.)
(b) Any time period scheduled
						to begin before the occurrence of an act or event must be computed so that the
						period ends on the day before the act or event. (For example, if you are
						transferring ownership or operational control of your site, and wish to
						transfer your RAP, the new owner or operator must submit a revised RAP
						application no later than 90 days before the scheduled change. Therefore, if
						you plan to change ownership on January 1, the new owner/operator must submit
						the revised RAP application no later than October 3, so that the 90th day would
						be December 31.)
(c) If the final
						day of any time period falls on a weekend or legal holiday, the time period
						must be extended to the next working day. (For example, if you wish to appeal
						the Director's decision to modify your RAP, then you must petition the director
						within 30 days after the Director has issued the final RAP decision. If the
						30th day falls on Sunday, then you may submit your appeal by the Monday after.
						If the 30th day falls on July 4th, then you may submit your appeal by July
						5th.)
(d) Whenever a party or
						interested person has the right to or is required to act within a prescribed
						period after the service of notice or other paper upon him by mail, 3 days must
						be added to the prescribed term. (For example, if you wish to appeal the
						Director's decision to modify your RAP, then you must petition the director
						within 30 days after the Director has issued the final RAP decision. However,
						if the Director notifies you of his decision by mail, then you may have 33 days
						to petition the director.)
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › OPERATING UNDER YOUR RAP › Section 11-270.220 - How may I transfer my RAP to a new owner or operator?

Current through June, 2024
(a)
						If you wish to transfer your RAP to a new owner or operator, you must follow
						the requirements specified in your RAP for RAP modification to identify the new
						owner or operator, and incorporate any other necessary requirements. These
						modifications do not constitute "significant" modifications for purposes of
						§ 270.170. The new owner/operator must submit a revised RAP application no
						later than 90 days before the scheduled change along with a written agreement
						containing a specific date for transfer of RAP responsibility between you and
						the new permittees.
(b) When a
						transfer of ownership or operational control occurs, you as the old owner or
						operator must comply with the applicable requirements in part 264, subpart H
						(Financial Requirements), of this chapter until the new owner or operator has
						demonstrated that he is complying with the requirements in that subpart. The
						new owner or operator must demonstrate compliance with part 264, subpart H, of
						this chapter within six months of the date of the change in ownership or
						operational control of the facility or remediation waste management site. When
						the new owner/operator demonstrates compliance with part 264, subpart H, of
						this chapter to the Director, the Director will notify you that you no longer
						need to comply with part 264, subpart H, of this chapter as of the date of
						demonstration.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › OPERATING UNDER YOUR RAP › Section 11-270.225 - What must the State or EPA Region report about noncompliance with RAPs?

Current through June, 2024
The State or EPA Region must report noncompliance with
						  RAPs according to the provisions of § 270.5.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart H - Remedial Action Plans (RAPs) › OBTAINING A RAP FOR AN OFF-SITE LOCATION › Section 11-270.230 - May I perform remediation waste management activities under a RAP at a location removed from the area where the remediation wastes originated?

Current through June, 2024
(a) You may request a RAP for remediation
						waste management activities at a location removed from the area where the
						remediation wastes originated if you believe such a location would be more
						protective than the contaminated area or areas in close proximity.
(b) If the Director determines that an
						alternative location, removed from the area where the remediation waste
						originated, is more protective than managing remediation waste at the area of
						contamination or areas in close proximity, then the Director may approve a RAP
						for this alternative location.
(c)
						You must request the RAP, and the Director will approve or deny the RAP,
						according to the procedures and requirements in this subpart.
(d) A RAP for an alternative location must
						also meet the following requirements, which the Director must include in the
						RAP for such locations:
(1) The RAP for the
						alternative location must be issued to the person responsible for the cleanup
						from which the remediation wastes originated;
(2) The RAP is subject to the expanded public
						participation requirements in §§ 124.31, 124.32, and 124.33 of this
						chapter;
(3) The RAP is subject to
						the public notice requirements in § 124.10(c) of this chapter;
(4) The site permitted in the RAP may not be
						located within 61 meters or 200 feet of a fault which has had displacement in
						the Holocene time (you must demonstrate compliance with this standard through
						the requirements in § 270.14(b)(11)) (See definitions of terms in §
						264.18(a) of this chapter);
Note to paragraph (d)(4): Sites located in political
						  jurisdictions other than those listed in Appendix VI of part 264 of this
						  chapter, are assumed to be in compliance with this requirement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 270.1 - HAZARDOUS WASTE MANAGEMENT: THE HAZARDOUS WASTE PERMIT PROGRAM › Part 270 - STATE DEMENT OF HEALTH ADMINISTERED PERMIT PROGRAMS: THE HAZARDOUS WASTE PERMIT PROGRAM › Subpart I - Integration with Maximum Achievable Control Technology (MACT) Standards › Section 11-270.235 - Options for incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers and hydrochloric acid production furnaces to minimize emissions from startup, shutdown, and malfunction events

Current through June, 2024
(a) Facilities with existing permits-
(1) Revisions to permit conditions after
					 documenting compliance with MACT. The owner or operator of a RCRA-permitted
					 incinerator, cement kiln, lightweight aggregate kiln, solid fuel boiler, liquid
					 fuel boiler, or hydrochloric acid production furnace may request that the
					 Director address permit conditions that minimize emissions from startup,
					 shutdown, and malfunction events under any of the following options when
					 requesting removal of permit conditions that are no longer applicable according
					 to §§ 264.340(b) and 266.100(b) of this chapter:
(i) Retain relevant permit conditions. Under
					 this option, the Director will:
(A) Retain
					 permit conditions that address releases during startup, shutdown, and
					 malfunction events, including releases from emergency safety vents, as these
					 events are defined in the facility's startup, shutdown, and malfunction plan
					 required under § 63.1206(c)(2) of this chapter; and
(B) Limit applicability of those permit
					 conditions only to when the facility is operating under its startup, shutdown,
					 and malfunction plan.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-1 - Purpose and scope

Current through June, 2024
(a) This subchapter
				  contains the department procedures for issuing, modifying, revoking and
				  reissuing, or terminating all hazardous waste management "permits" other than
				  "emergency permits" (see section 11-270-61 ) and "permits by rule" (section
				  11-270-60 ). The latter kinds of permits are governed by chapter 11-270.
				  Hazardous waste management interim status is not a "permit" and is covered by
				  specific provisions in chapter
				  11-270. The procedures of this
				  subchapter also apply to denial of a permit for the active life of a hazardous
				  waste management facility or unit under section 11-270-29.
(b) All references in tables and appendices
				  to provisions of the code of federal regulations shall be construed to mean the
				  State rule analogue of the referenced federal regulation (for example,
				  40 CFR
				  260.1 shall be construed to mean section
				  11-260-1 of the Hawaii Administrative Rules).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-3 - Application for a permit

Current through June, 2024
(a)
(1) Any person who requires a permit under
				  the hazardous waste management program shall complete, sign, and submit to the
				  director an application for a permit required under section 11-270-1.
				  Applications are not required for hazardous waste management permits by rule
				  (section 11-270-60 ).
(2) The
				  director shall not begin the processing of a permit until the applicant has
				  fully complied with the application requirements for that permit. See sections
				  11-270-10 and 11-270-13.
(3) Permit
				  applications must comply with the signature and certification requirements of
				  section 11-270-11.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-5 - 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 section 11-270-41 or 11-270-43. 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, the director 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.
(c)
(1) If the director tentatively decides to
				  modify or revoke and reissue a permit under section 11-270-41 or subsection
				  11-270-42(c), the director shall prepare a draft permit under section 11-271-6
				  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 subsections 11-270-42(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 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-6 - 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, the director 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 subsection 11-271-6(e). If the director's final decision
				  (section 11-271-15 ) is that the tentative decision to deny the permit
				  application was incorrect, the director shall withdraw the notice of intent to
				  deny and proceed to prepare a draft permit under subsection (d) of this
				  section.
(c) [Reserved]
(d) If the director decides to prepare a
				  draft permit, the director shall prepare a draft permit that contains the
				  following information:
(1) All conditions
				  under sections 11-270-30 and 11-270-32;
(2) All compliance schedules under section
				  11-270-33;
(3) All monitoring
				  requirements under section 11-270-31; and
(4) Standards for treatment, storage, and/or
				  disposal and other permit conditions under section 11-270-30.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-7 - Statement of basis

Current through June, 2024
The department shall prepare a statement of basis for
					 every draft permit for which a fact sheet under section
					 11-271-8 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 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-8 - Fact sheet

Current through June, 2024
(a) A fact sheet shall be prepared for every
				  draft permit for a major hazardous waste management 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) [Reserved]
(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 section 11-271-9;
(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 section 11-271-10 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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-9 - Administrative record for draft permits

Current through June, 2024
(a) The provisions
				  of a draft permit prepared by the department under section 11-271-6 shall be
				  based on the administrative record defined in this section.
(b) For preparing a draft permit under
				  section 11-271-6, 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 (section 11-271-7
				  ) or fact sheet (section 11-271-8 );
(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) [Reserved]
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-10 - 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 subsection
				  11-271-6(b);
(ii) A draft permit
				  has been prepared under subsection 11-271-6(d); or
(iii) A hearing has been scheduled under
				  section 11-271-12.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-11 - Public comments and requests for public hearings

Current through June, 2024
During the public comment period provided under section
					 11-271-10, 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 section
					 11-271-17.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-12 - Public hearings

Current through June, 2024
(a)
(1) The director shall hold a public hearing
				  whenever the director 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 the director's discretion, whenever, for instance, such a hearing
				  might clarify one or more issues involved in the permit decision;
(3)
(i) The
				  director shall hold a public hearing whenever the director receives written
				  notice of opposition to a draft permit and a written request for a hearing
				  within 45 days of public notice under paragraph 11-271-10(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 section 11-271-10.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 271 - HAZARDOUS WASTE MANAGEMENT PROCEDURES FOR DECISION MAKING › Subchapter A - RULES GOVERNING INFORMATIONAL PUBLIC HEARINGS › Section 11-271-13 - Obligation to raise issues and provide information during the public comment period

Current through June, 2024
All persons, including the 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 section
					 11-271-10. 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,
					 regulations, or rules, EPA or State 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
					 department as directed by the director. (A comment period longer than
					 forty-five days may be necessary to give commenters a reasonable opportunity to
					 comply with the requirements of this section. Additional time shall be granted
					 under section
					 11-271-10 to the extent that a
					 commenter who requests additional time demonstrates the need for such
					 time.)