UST Hawaii Administrative Rulemaking – information for public review

October 25, 2019

Public hearing notice — to be 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

Public hearing notice

The State of Hawaii Department of Health will hold a public hearing for the proposed amendment of Hawaii Administrative Rules chapter 11-280.1. The proposed amendments are primarily designed to increase the protections chapter 11-280.1, HAR, affords Hawaii’s environment and public health by requiring all field-constructed underground storage tanks (USTs) and USTs that are part of airport hydrant fuel distribution systems to have secondary containment by July 15, 2045. Amendments are also proposed to improve the clarity of existing requirements and ensure that the state regulations are fully consistent with the federal UST regulations.

The proposed amendments can be viewed at 2827 Waimano Home Rd #100, Pearl City, Mon-Fri, 8am-4pm (except state holidays) and are posted online at health.hawaii.gov/shwb/ust-har.  Copies will be mailed on request and payment of a 5 cent/page copy fee and postage; call 808-586-4226 to request.

The public hearing will be at 9am on December 2, 2019 at the State Lab auditorium at 2725 Waimano Home Rd, Pearl City. All interested parties may attend to present relevant information and individual opinion. Anyone unable to attend may send written testimony to Attn: UST Rules 2827 Waimano Home Rd #100 Pearl City, HI 96782 or [email protected] Testimony must be received by December 16, 2019. To request an auxiliary aid or service (e.g. ASL interpreter, large print) for the hearing, call 808-586-4226 (voice/TDD) or e-mail [email protected] by November 20.
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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)