Underground Storage Tanks Program | UST Hawaii Administrative Rulemaking

Proposed rules (PDF, opens in new tab) — 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 (PDF, opens in new tab)
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. (PDF, opens in new tab)

Comments received and department response to comments (PDF, opens in new tab) January 7, 2020

December 30, 2019 public hearing transcript (PDF, opens in new tab)

Public hearing notice 11/29 (PDF, opens in new tab) — published in newspapers statewide November 29, 2019

Proposed change 11/29 (PDF, opens in new tab) — the change shown here is the only change proposed in this rulemaking action

Memo to Governor requesting permission to proceed to public hearing (PDF, opens in new tab) — includes explanation of proposed change

Proposed rules 11/29 (PDF, opens in new tab) — 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 (PDF, opens in new tab) #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 (PDF, opens in new tab) #41.]
Reworded §34(b)(4) and deleted §70(b)(3) to clarify timing of notification requirement for temporary closure. [See response to comment (PDF, opens in new tab) #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 (PDF, opens in new tab) #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 (PDF, opens in new tab) #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 (PDF, opens in new tab) from May 31, 2018 public hearing

written comments received (PDF, opens in new tab) by the Department of Health

Summary of comments received and department’s response to comments (PDF, opens in new tab) June 21, 2018

small business impact statement (PDF, opens in new tab) (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 (PDF, opens in new tab)

Rules for proposed repeal — chapter 11-281, HAR (PDF, opens in new tab)

Rules for proposed adoption — chapter 11-280.1, HAR (PDF, opens in new tab)

Rationale and list of changes (PDF, opens in new tab)

changes from December 2017 draft (PDF, opens in new tab)

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December 2017-January 2018

General information and invitation to informal informational meetings Jan 17-Feb 1, 2018 (PDF, opens in new tab)

Draft rules (December 20, 2017) (PDF, opens in new tab)

Summary of Changes and Frequently Asked Questions (December 20, 2017) (PDF, opens in new tab)

Additional frequently asked questions (January 16, 2018) (PDF, opens in new tab)

UST Hawaii Administrative Rulemaking – information for public review

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