[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 53742-53747]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se08-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 282
[EPA-R09-UST-2007-1122; FRL-8716-3]
Underground Storage Tank Program: Approved State Program for
Hawaii
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The Resource Conservation and Recovery Act of 1976, as amended
(RCRA), authorizes EPA to grant approval to States to operate their
underground storage tank programs in lieu of the Federal program. This
action codifies EPA's decision to approve State programs and
incorporates by reference those provisions of the State statutes and
regulations that will be subject to EPA's inspection and enforcement
authorities in accordance with sections 9005 and 9006 of RCRA Subtitle
I and other applicable statutory and regulatory provisions. This rule
codifies the prior approval of the State of Hawaii's underground
storage tank program and incorporates by reference appropriate
provisions of State statutes and regulations.
DATES: This final rule is effective November 17, 2008, unless EPA
publishes a prior Federal Register notice withdrawing this immediate
final rule. All comments on the codification of Hawaii's underground
storage tank program must be received by the close of business October
17, 2008. The incorporation by reference of certain publications listed
in the regulations is approved by the Director of the Federal Register,
as of November 17, 2008, in accordance with 5 U.S.C. 552(a).
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
UST-2007-112, by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: amaro.laurie@epa.gov.
Fax: (415) 947-3530.
Mail: Laurie Amaro, U.S. EPA Region 9, 75 Hawthorne
Street, (Mail Code: WST-8), San Francisco, CA 94105.
Hand Delivery: Laurie Amaro, Waste Management Division,
U.S. EPA Region 9, 75 Hawthorne Street, San Francisco, CA 94105. Such
deliveries are only accepted during EPA's normal hours of operation and
should be made to the EPA receptionist office on the first floor.
Instructions: Direct your comments to Docket ID No. EPA-R09-UST-
2007-112. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statue. Do not submit information that you consider to be
CBI or otherwise protected through http://www.regulations.gov or e-
mail. The http://www.regulations.gov Web site is an ``anonymous
access'' system, which means WPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through http://
www.regulations.gov your e-mail address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to
[[Page 53743]]
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the http://
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other materials,
such as copyrighted material, will be publicly available only in hard
copy. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
the EPA Region 9 Environmental Information Center Library, 13th Floor,
75 Hawthorne Street, San Francisco, CA 94706; Business hours: 9 a.m. to
noon and 1 p.m. to 4 p.m., Monday-Thursday. Phone Number: (415) 947-
4406; e-mail address: library-region9@epa.gov.
You may also view and copy Hawaii's underground storage tank
statute and regulations at: Hawaii Department of Health, Solid and
Hazardous Waste Branch, 919 Ala Moana Blvd., Room 212, Honolulu, Hawaii
96814-4920. Call (808) 586-4226 in advance to make an appointment.
FOR FURTHER INFORMATION CONTACT: Laurie Amaro, U.S. EPA Region 9, 75
Hawthorne Street, (Mail Code: WST-8), San Francisco, CA 94105. Phone
Number: (415) 972-3364; e-mail address: amaro.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
Background
Section 9004 of RCRA, 42 U.S.C. 6991c, allows the EPA to approve a
State underground storage tank program to operate in the State in lieu
of the Federal underground storage tank program. EPA published a rule
in the Federal Register granting approval to Hawaii on September 25,
2002, and approval was effective on September 30, 2002 (67 FR 60161).
EPA codifies its approval of a State program in 40 CFR part 282 and
incorporates by reference therein the State's statutes and regulations
that make up the approved program which is federally-enforceable in
accordance with sections 9005 and 9006 of Subtitle I of RCRA, 42 U.S.C.
6991d and 6991e, and other applicable statutory and regulatory
provisions. Today's rulemaking codifies EPA's approval of Hawaii's
underground storage tank program. This codification reflects the State
program in effect at the time EPA granted Hawaii's approval, in
accordance with section 9004(a), 42 U.S.C. 6991c(a), for its
underground storage tank program. Notice and opportunity for comment
were provided earlier on the Agency's decision to approve the Hawaii
program, and EPA is not now reopening that decision nor requesting
comment on it.
To codify EPA's approval of Hawaii's underground storage tank
program, EPA has added section 282.61 to title 40 of the CFR. 40 CFR
282.61(d)(1)(i) incorporates by reference the State's statutes and
regulations that make up the approved program which is federally-
enforceable. 40 CFR 282.61 also references the Attorney General's
Statement, the Demonstration of Adequate Enforcement Procedures, the
Program Description, and the memorandum of Agreement, which were
evaluated as part of the approval process of the underground storage
tank program, in accordance with Subtitle I of RCRA.
EPA retains the authority in accordance with sections 9005 and 9006
of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e, and other applicable
statutory and regulatory provisions, to undertake inspections and
enforcement actions in approved States. With respect to such an
enforcement action, EPA will rely on Federal sanctions, Federal
inspection authorities, and Federal procedures rather than the State
analogues of these provisions. Therefore, Hawaii's inspection and
enforcement authorities are not incorporated by reference, nor are they
part of Hawaii's approved state program which operates in lieu of the
Federal program. These authorities, however, are listed in 40 CFR
282.61(d)(1)(ii) for informational purposes, and also because EPA
considered them in determining the adequacy of Hawaii's enforcement
authority. Hawaii's authority to inspect and enforce the State's
underground storage tank requirements continues to operate
independently under State law.
Some provisions of the State's underground storage tank program are
not part of the federally-approved State program. These non-approved
provisions are not part of the RCRA Subtitle I program because they are
``broader in scope'' than Subtitle I of RCRA. See 40 CFR
281.12(a)(3)(ii). As a result, State provisions which are ``broader in
scope'' than the Federal program are not incorporated by reference for
purposes of Federal enforcement in 40 CFR part 282. Section
282.61(d)(1)(iii) of the codification simply lists for reference and
clarity the Hawaii statutory and regulatory provisions which are
``broader in scope'' than the Federal program and which are not,
therefore, part of the approved program being codified today. ``Broader
in scope'' provisions cannot be enforced by EPA; the State, however,
will continue to enforce such provisions.
When the phrases, ``insofar'' and ``except insofar,'' are used in
Appendix A (which provides an informational listing of the state
requirements incorporated by reference in Part 282 of the Code of
Federal Regulations), refer to the binders in the codification
materials for specifics as to any words, phrases, sentences,
paragraphs, or subsections that are ``crossed-out'' in the binders.
These crossed-out materials are not incorporated by reference in Part
282 of the Code of Federal Regulations.
Statutory and Executive Order Reviews
This action only codifies EPA-authorized underground storage tank
program requirements pursuant to RCRA section 9004 and imposes no
requirements other than those imposed by State law (see SUPPLEMENTARY
INFORMATION). Therefore, this rule complies with applicable executive
orders and statutory provisions as follows.
1. Executive Order 12866: Regulatory Planning Review--The Office of
Management and Budget has exempted this rule from its review under
Executive Order (EO) 12866. 2. Paperwork Reduction Act--This rule does
not impose an information collection burden under the Paperwork
Reduction Act. 3. Regulatory Flexibility Act--After considering the
economic impacts of today's rule on small entities under the Regulatory
Flexibility Act, I certify that this rule will not have a significant
economic impact on a substantial number of small entities. 4. Unfunded
Mandates Reform Act--Because this rule codifies pre-existing
requirements under state law and does not impose any additional
enforceable duty beyond that required by state law, it does not contain
any unfunded mandate or significantly or uniquely affect small
governments, as described in the Unfunded Mandates Reform Act. 5.
Executive Order 13132: Federalism--EO 13132 does not apply to this rule
because it will not have federalism implications (i.e., substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government). 6. Executive
Order 13175: Consultation and Coordination with Indian Tribal
Governments--EO 13175 does not apply
[[Page 53744]]
to this rule because it will not have tribal implications (i.e.,
substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes). 7. Executive Order 13045: Protection of
Children from Environmental Health & Safety Risks--This rule is not
subject to EO 13045 because it is not economically significant and it
is not based on health or safety risks. 8. Executive Order 13211:
Actions that Significantly Affect Energy Supply, Distribution, or Use--
This rule is not subject to EO 13211 because it is not a significant
regulatory action as defined in EO 12866. 9. National Technology
Transfer and Advancement Act--EPA has previously addressed the non-
applicability of the National Technology Transfer and Advancement Act
in its final approval of this state program. See 67 FR 60161 for final
approval of state program. Section 12(d) of the National Technology
Transfer and Advancement Act does not apply to this action. 10.
Congressional Review Act--EPA will submit a report containing this rule
and other information required by the Congressional Review Act (5
U.S.C. 801 et seq.) to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Nevertheless, to allow time for public comment, this action will be
effective on November 17, 2008.
List of Subjects in 40 CFR Part 282
Environmental protection, Hazardous substances, Incorporation by
reference, Intergovernmental relations, State program approval,
Underground storage tanks, Water pollution control.
Dated: September 5, 2008.
Jane Diamond,
Acting Regional Administrator, EPA Region 9.
0
For the reasons set forth in the preamble, 40 CFR part 282 is amended
as follows:
PART 282--APPROVED UNDERGROUND STORAGE TANK PROGRAMS
0
1. The authority citation for part 282 continues to read as follows:
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Subpart B--Approved State Programs
0
2. Subpart B is amended by adding Sec. 282.61 to read as follows:
Sec. 282.61 Hawaii State-Administered Program.
(a) The State of Hawaii's underground storage tank program is
approved in lieu of the Federal program in accordance with Subtitle I
of the Resource Conservation and Recovery Act of 1976 (RCRA), as
amended, 42 U.S.C. 6991 et seq. The State's program, as administered by
the Hawaii Department of Health, was approved by EPA pursuant to 42
U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii
underground storage tank program on September 25, 2002, and approval
was effective on September 30, 2002.
(b) Hawaii has primary responsibility for enforcing its underground
storage tank program. However, EPA retains the authority to exercise
its inspection and enforcement authorities in accordance with sections
9005 and 9006 of Subtitle I of RCRA, 42 U.S.C. 6991d and 6991e,
regardless of whether the State has taken its own actions, as well as
in accordance with other statutory and regulatory provisions.
(c) To retain program approval, Hawaii must revise its approved
program to adopt new changes to the Federal Subtitle I program that
make it more stringent, in accordance with section 9004 of RCRA, 42
U.S.C. 6991c, and 40 CFR part 281, subpart E. If Hawaii obtains
approval for the revised requirements pursuant to section 9004 of RCRA,
42 U.S.C. 6991c, the newly approved statutory and regulatory provisions
will be added to this subpart and notice of any change will be
published in the Federal Register.
(d) Hawaii has final approval for the following elements submitted
to EPA in the State's program application for final approval. On
September 25, 2002, EPA published a rule approving the State's program
in the Federal Register, 67 FR 60161. That approval became effective on
September 30, 2002. Copies of Hawaii's program application may be
obtained from the Hawaii Department of Health, Solid and Hazardous
Waste Branch, 919 Ala Moana Boulevard, Suite 212, Honolulu, HI 96814.
(1) State statutes and regulations. (i) The provisions cited in
paragraph (d)(1)(i) of this section are incorporated by reference as
part of the approved underground storage tank program in accordance
with Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(A) Hawaii Statutory Requirements Applicable to the Underground
Storage Tank Program, 2001.
(B) Hawaii Regulatory Requirements Applicable to the Underground
Storage Tank Program, 2001.
(ii) EPA considered the following statutes and regulations in
evaluating the State program, but did not incorporate them by
reference.
(A) The statutory provisions include of the Hawaii Revised
Statutes:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage
Tanks.
Section 342L-1 Definitions (insofar as ``complaint'' sets forth
enforcement authorities)
Section 342L-2 Administration
Section 342L-3 Powers; rulemaking; appointment of hearings
officers
Section 342L-7 Authority to obtain information and data,
inspect, and require and conduct activities; penalties for
disclosure
Section 342L-8 Enforcement
Section 342L-9 Emergency powers; procedures
Section 342L-10 Penalties
Section 342L-11 Administrative penalties
Section 342L-12 Injunctive relief
Section 342L-12.5 Intervention
Section 342L-13 Appeal
Section 342L-15 Public records; confidential information
Section 342L-17 Other action not barred
Section 342L-18 Enforcement by state and county authorities
Section 342L-19 Other powers of department not affected
Section 342L-20 Effect of laws, ordinances, and rules
Section 342L-21 Priority in courts
Section 342L-30 Notification requirements (insofar as paragraph
(i) of this section grants the Department authority to assess
penalties for noncompliance)
Section 342L-51 Leaking underground storage tank fund
Section 342L-52 Response to suspected or confirmed releases
(insofar as it sets forth enforcement authorities)
Section 342L-53 Cost recovery
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-8 Inspection of premises
Section 342D-9 Enforcement
Section 342D-10 Emergency powers; procedures
Section 342D-11 Injunctive relief
Section 342D-12 Appeal
Section 342D-14 Public records; confidential information;
penalties
Section 342D-30 Civil penalties
Section 342D-31 Administrative penalties
Section 342D-32 Negligent violations
Section 342D-33 Knowing violations
Section 342D-34 Knowing endangerment
Section 342D-35 False statements
Section 342D-36 Treatment of single operational upset
Section 342D-37 Responsible corporate officer as ``person''
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Section 342D-39 Disposition of collected fines and penalties
Section 342D-52 Testing of water and aquatic and other life
(3) Hawaii Revised Statutes, Chapter 128D, Environmental Response
Law.
Section 128D-4 State response authorities; uses of fund (insofar
as it sets forth enforcement authorities for certain corrective
actions)
(B) The regulatory provisions include; Hawaii Administrative Rules,
Chapter 11-281, Underground Storage Tanks:
Section 11-281-03 Definitions (insofar as ``complaint'' sets
forth enforcement authorities; and insofar as ``field citation'' and
``force majeure'' relate to the Department's enforcement
authorities)
Section 11-281-80 Public participation for corrective action
plans (insofar as paragraph (j) of this section sets forth
enforcement authorities)
Section 11-281-121 Purpose
Section 11-281-122 Applicability
Section 11-281-123 Issuance and contents of a field citation
Section 11-281-124 Notice of citation
Section 11-281-125 Field citation order and settlement agreement
Section 11-281-126 Correcting violations; paying the settlement
amount; and signing the settlement agreement
Section 11-281-127 Method of payment
Section 11-281-128 Field citation penalty amounts for settlement
Section 11-281-131 Appendices VII and VIII (insofar as they
relate to the Department's field citation program)
(iii) The following statutory and regulatory provisions are broader
in scope than the Federal program, are not part of the approved
program, and are not incorporated by reference. These provisions are
not federally enforceable.
(A) The statutory provisions include; Hawaii Revised Statutes,
Chapter 342L, Underground Storage Tanks:
Section 342L-1 Definitions (``owner'' insofar as it includes
persons who hold indicia of ownership to protect an interest in a
tank system; ``permit'' insofar as it sets forth a permitting
program; and ``regulated substance'' insofar as it includes other
substances as designated by the Department)
Section 342L-4 Permits; procedures for (insofar as it
establishes a permitting program)
Section 342L-5 Variances allowed (insofar as variances exceed
the scope of the federal program)
Section 342L-6 Variances; procedures for (insofar as variances
exceed the scope of the federal program)
Section 342L-14 Fees (insofar as it grants the director
authority to establish fees for registering underground storage
tanks)
Section 342L-16 Non-liability of department personnel (insofar
as it was specifically not authorized in the Federal Register notice
of program approval)
Section 342L-23 Directory of underground storage tank service
providers (insofar as it was specifically not authorized in the
Federal Register notice of program approval)
Section 342L-31 Permit requirements and transfer of permit
(insofar as it requires owners and operators to obtain permits to
install or operate UST systems)
Section 342L-50 Definitions (insofar as the definition of
``owner'' defines lenders as operators and subjects such lenders to
requirements other than the corrective action requirements)
(B) The regulatory provisions include the following sections of
Hawaii Administrative Rules, Chapter 11-281, Underground Storage Tanks:
Section 11-281-03 Definitions (``farm tank'' insofar as it
regulates tanks on farms that are not used for farm or commercial
purposes; ``regulated substance'' insofar as the Department can
designate other substances; ``reportable quantity'' insofar as it
sets forth a reporting threshold of 10 lbs. for trichloropropane;
and ``underground storage tank'' insofar as its designation of farm
tanks exceeds the scope of the federal regulations)
Section 11-281-23 Permit required (insofar as it relates to the
permitting program)
Section 11-281-24 Application for a permit (insofar as
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to
the permitting program)
Section 11-281-25 Permit (insofar as paragraphs (a) and (b) of
this section relate to the permitting program)
Section 11-281-26 Permit renewals (insofar as it relates to the
permitting program)
Section 11-281-27 Action on and timely approval of an
application for a permit (insofar as it relates to the permitting
program)
Section 11-281-28 Permit conditions (insofar as it relates to
the permitting program)
Section 11-281-29 Modification of permit and notice of change
(insofar as it relates to the permitting program)
Section 11-281-30 Revocation or suspension of permit (insofar as
it relates to the permitting program)
Section 11-281-31 Change in owner or operator for a permit
(insofar as it relates to the permitting program)
Section 11-281-32 Variances allowed (insofar as variances exceed
the scope of the federal program)
Section 11-281-33 Variance applications (insofar as variances
exceed the scope of the federal program)
Section 11-281-34 Maintenance of permit or variance (insofar as
it relates to the permitting program)
Section 11-281-35 Fees (insofar as it establishes registration
fees)
Section 11-281-45 Reporting and recordkeeping (insofar as
paragraph (b)(3)of this section addresses posting of signs; and
paragraph (c)(6) of this section requires maintenance of permit
records)
Section 11-281-73 Posting of signs (insofar as there is no
analogous provision in the federal regulations)
Section 11-281-131 Appendices II, IV, V, and VI of this section
(insofar as they address permit application and transfer procedures
and variances)
(2) Statement of legal authority. (i) ``Attorney General's
Statement,'' signed by the State Attorney General on October 12, 2000,
though not incorporated by reference, is referenced as part of the
approved underground storage tank program in accordance with Subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(ii) Letter from the Attorney General of Hawaii to EPA, October 12,
2000, though not incorporated by reference, is referenced as part of
the approved underground storage tank program in accordance with
Subtitle I of RCRA, 42 U.S.C. 6991 et seq.
(3) Demonstration of procedures for adequate enforcement. The
``Demonstration of Procedures for Adequate Enforcement'' submitted as
part of the original application on May 23, 2001, though not
incorporated by reference, is referenced as part of the approved
underground storage tank program in accordance with Subtitle I of RCRA,
42 U.S.C. 6991 et seq.
(4) Program Description. The program description and any other
material submitted as part of the original application on May 23, 2001,
though not incorporated by reference, are referenced as part of the
approved underground storage tank program in accordance with Subtitle I
of RCRA, 42 U.S.C. 6991 et seq.
(5) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 9 and the Hawaii Department of Health, signed by the EPA
Regional Administrator on September 13, 2002, though not incorporated
by reference, is referenced as part of the approved underground storage
tank program in accordance with Subtitle I of RCRA, 42 U.S.C. 6991 et
seq.
0
3. Appendix A to Part 282 is amended by adding in alphabetical order
``Hawaii'' and its listing to read as follows:
Appendix A to Part 282--State Requirements Incorporated by Reference in
Part 282 of the Code of Federal Regulations
* * * * *
Hawaii
(a) The statutory provisions include:
(1) Hawaii Revised Statutes, Chapter 342L, Underground Storage
Tanks.
Section 342L-1 Definitions (except ``complaint'' insofar as it
sets forth
[[Page 53746]]
enforcement authorities; ``owner'' insofar as it includes persons
who hold indicia of ownership to protect an interest in a tank
system; ``permit'' insofar as it sets forth a permitting program;
and ``regulated substance'' insofar as it includes other substances
as designated by the Department)
Section 342L-7.5 Record maintenance
Section 342L-30 Notification requirements (except paragraph (i)
of this section insofar as it grants the Department authority to
assess penalties for noncompliance)
Section 342L-32 Standards for tanks and tank systems
Section 342L-33 Release detection
Section 342L-34 Reporting of releases
Section 342L-35 Response to suspected or confirmed releases
Section 342L-36 Financial responsibility
Section 342L-37 Underground storage tank and tank system change
in service and closure requirements
Section 342L-50 Definitions (except ``owner'' insofar as it
defines lenders as operators and subjects such lenders to
requirements other than the corrective action requirements)
(2) Hawaii Revised Statutes, Chapter 342D, Water Pollution.
Section 342D-1 Definitions
Section 342D-4 Duties; rules
Section 342D-7 Variances (Insofar as paragraph (a) of this
appendix is applicable to the underground storage tank program)
Section 342D-38 Hazardous substance defined
Section 342D-50 Prohibition
Section 342D-51 Affirmative duty to report discharges
(3) Hawaii Revised Statutes, Chapter 342E, Nonpoint Source Pollution
Management and Control.
Section 342E-1 Definitions
Section 342E-2 Nonpoint source pollution management and control
program
(b) The regulatory provisions include:
(1) Hawaii Administrative Rules, Chapter 11-281, Underground Storage
Tanks
Section 11-281-01 Applicability
Section 11-281-02 Prohibition for deferred underground storage
tanks or tank systems
Section 11-281-03 Definitions (except ``complaint'' insofar as
it sets forth enforcement authorities; ``farm tank'' insofar as it
regulates tanks on farms that are not used for farm or commercial
purposes; ``field citation'' and ``force majeure'' insofar as they
relate to the Department's enforcement authorities; ``regulated
substance'' insofar as the Department can designate other
substances; ``reportable quantity'' insofar as it sets forth a
reporting threshold of 10 lbs. for trichloropropane; and
``underground storage tank'' insofar as its designation of farm
tanks exceeds the scope of the federal regulations)
Section 11-281-11 Performance standards for underground storage
tanks and tank systems
Section 11-281-12 Tank requirements
Section 11-281-13 Piping requirements
Section 11-281-14 Spill and overfill prevention equipment
Section 11-281-15 Installation
Section 11-281-16 Certification of installation
Section 11-281-17 Secondary containment
Section 11-281-18 Upgrading of existing underground storage
tanks and tank systems
Section 11-281-21 Notification requirements for tanks brought
into use before the effective date of these rules
Section 11-281-22 Notification requirements for tanks brought
into use on or after the effective date of these rules
Section 11-281-24 Application for a permit (except insofar as
paragraphs (a), (b), (c)(3), and (c)(4) of this section relate to
the permitting program)
Section 11-281-25 Permit (except insofar as paragraphs (a) and
(b) of this section relate to the permitting program)
Section 11-281-41 Spill and overfill control
Section 11-281-42 Operation and maintenance of corrosion
protection systems
Section 11-281-43 Compatibility
Section 11-281-44 Repairs
Section 11-281-45 Reporting and recordkeeping (except paragraph
(b)(3) of this section insofar as it addresses posting of signs; and
paragraph (c)(6) insofar as it requires maintenance of permit
records)
Section 11-281-51 General requirements for all underground
storage tanks or tank systems
Section 11-281-52 Methods of release detection for tanks
Section 11-281-53 Methods of release detection for piping
Section 11-281-54 Release detection recordkeeping
Section 11-281-61 Reporting of suspected releases
Section 11-281-62 Investigation of off-site impacts
Section 11-281-63 Release investigation and confirmation steps
Section 11-281-64 Reporting and cleanup of spills and overfills
Section 11-281-71 General
Section 11-281-72 Immediate response actions
Section 11-281-74 Initial abatement measures and site assessment
Section 11-281-75 Initial site characterization
Section 11-281-76 Free product removal
Section 11-281-77 Investigation of soil and ground water
contamination
Section 11-281-78 Site cleanup criteria
Section 11-281-78.1 Notification of confirmed releases
Section 11-281-79 Corrective action plan
Section 11-281-80 Public participation for corrective action
plans [except paragraph (j) insofar as it sets forth enforcement
authorities]
Section 11-281-80.1 Reporting and recordkeeping
Section 11-281-81 Temporary closure
Section 11-281-82 Permanent closure and change-in-service
Section11-281-83 Site assessment
Section 11-281-84 Previously closed underground storage tanks or
tank systems
Section 11-281-85 Closure records
Section 11-281-91 Applicability
Section 11-281-93 Definition of terms
Section 11-281-94 Amount and scope of required financial
responsibility
Section 11-281-95 Allowable mechanisms and combinations of
mechanisms
Section 11-281-96 Financial test of self-insurance
Section 11-281-97 Guarantee
Section 11-281-98 Insurance and risk retention group
Section 11-281-99 Surety bond
Section 11-281-100 Letter of credit
Section 11-281-101 Trust fund
Section 11-281-102 Standby trust fund
Section 11-281-103 Local government bond rating test
Section 11-281-104 Local government financial test
Section 11-281-106 Local government guarantee
Section 11-281-107 Local government fund
Section 11-281-108 Substitution of financial assurance
mechanisms by owner or operator
Section 11-281-109 Cancellation or nonrenewal by a provider of
financial assurance
Section 11-281-110 Reporting by owner or operator
Section 11-281-111 Recordkeeping
Section 11-281-112 Drawing on financial assurance mechanisms
Section 11-281-113 Release from financial responsibility
Section 11-281-114 Bankruptcy or other incapacity of owner or
operator or provider of financial assurance
Section 11-281-115 Replenishment of guarantees, letters of
credit, or surety bonds
Section 11-281-131 Appendices I and III (Notification for
Underground Storage Tanks, June 1999 and Certification of
Underground Storage Tank Installation, June 1999)
(2) Hawaii Administrative Rules, Chapter 11-264, Hazardous Waste
Management: Standards for Owners and Operators of Hazardous Waste
Treatment, Storage, and Disposal Facilities, Subpart J, Tank
Systems.
Section 11-264-190 Applicability
Section 11-264-191 Assessment of existing tank system's
integrity
Section 11-264-192 Design and installation of new tank systems
or components
Section 11-264-193 Containment and detection of releases
Section 11-264-194 General operating requirements
Section 11-264-195 Inspections
Section 11-264-196 Response to leaks or spills and disposition
of leaking or unfit-for use tank systems
[[Page 53747]]
Section 11-264-197 Closure and post-closure care
Section 11-264-198 Special requirements for ignitable or
reactive wastes
Section 11-264-199 Special requirements for incompatible wastes
Section 11-264-200 Air emission standards
[FR Doc. E8-21497 Filed 9-16-08; 8:45 am]
BILLING CODE 6560-50-P