UST Hawaii Administrative Rulemaking – information for public review

March 2022 Update

Hawaii UST Program Receives State Program Approval from EPA


October 2019 proposal

HAR 11-280.1 effective July 8, 2021

Summary of changes effective July 8, 2021

July 8, 2020 Rules in Ramseyer format showing all changes

Department response to comments February 14, 2020 (with attachments)

Department response (no attachments) – Attachment 1Attachment 2

Written comments received

December 2, 2019 public hearing transcript

Public hearing notice — published in newspapers statewide October 29 and 30, 2019

List of proposed changes

Memo to Governor requesting permission to proceed to public hearing

Proposed rules — chapter 11-280.1, HAR, showing proposed changes in Ramseyer format
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November 29, 2019 proposal (changes to section 11-280.1-327 only)

Chapter 11-280.1, HAR, effective January 17, 2020
Note: The only change from the July 15, 2018 version of the rules to this current version is in section 11-280.1-327. Click here to print the page containing the affected section only.

Comments received and department response to comments January 7, 2020

December 30, 2019 public hearing transcript

Public hearing notice 11/29 — published in newspapers statewide November 29, 2019

Proposed change 11/29 — the change shown here is the only change proposed in this rulemaking action

Memo to Governor requesting permission to proceed to public hearing — includes explanation of proposed change

Proposed rules 11/29 — chapter 11-280.1, HAR, showing proposed changes in Ramseyer format

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July 18, 2018

What changes were made from the public hearing version to the final version of the rules effective July 15, 2018?

  • Changed the definition of “temporary closure” in §12 to better account for the differing operational parameters of different types of USTs under their normal operating conditions. [See response to comment #8.]
  • Moved requirements for new tanks and tank system components from proposed §21 to §§20(g) and 25 to more clearly separate upgrades to existing tanks from requirements that apply to new tanks or tank system components installed after a specific cut-off date, and made conforming changes and corrections to cross-references. [See the last paragraph in response to comment #41.]
  • Reworded §34(b)(4) and deleted §70(b)(3) to clarify timing of notification requirement for temporary closure. [See response to comment #1.]
  • Deleted §37(a)(3) and reworded §37(b) to remove proposed requirement for under-dispenser containment sensors to be wired to tank monitoring system console, allowing “stand-alone” sensors with automatic dispenser shut-off. [See response to comment #5.]
  • Changed “at a minimum…every thirty days” to “…every thirty-one days” and changed thirty to thirty-one in similar phrases relating to release detection where “thirty days” is treated as interchangeable with “monthly.” [See response to comment #18.]
  • Corrected cross-reference errors in §§32(c) and 34(d)(5), and 44(4)(C)(i).

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June 22, 2018

public hearing transcript from May 31, 2018 public hearing

written comments received by the Department of Health

Summary of comments received and department’s response to comments June 21, 2018

small business impact statement (April 9, 2018; referenced in response to comments)

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April 26, 2018

Official public hearing notice – published in newspapers statewide April 30, 2018

Rules for proposed repeal — chapter 11-281, HAR

Rules for proposed adoption — chapter 11-280.1, HAR

Rationale and list of changes

changes from December 2017 draft

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December 2017-January 2018

General information and invitation to informal informational meetings Jan 17-Feb 1, 2018

Draft rules (December 20, 2017)

Summary of Changes and Frequently Asked Questions (December 20, 2017)

Additional frequently asked questions (January 16, 2018)