§282.61. Hawaii State-Administered Program.
40 C.F.R. § 282.61
History of the approval of Hawaii's program. The State of Hawaii (Hawaii or State) is approved to administer and enforce an underground storage tank (UST) program in lieu of the Federal program under subtitle I of the Resource Conservation and Recovery Act of 1976 (RCRA), as amended, 42 U.S.C. 6991 et seq. The State's Underground Storage Tank Program (UST Program), as administered by the Hawaii Department of Health (HDOH), was approved by the EPA pursuant to 42 U.S.C. 6991c and part 281 of this chapter. EPA approved the Hawaii UST Program on September 25, 2002, and it was effective on September 30, 2002. A subsequent program revision received final approval from the EPA on March 7, 2022, and became effective on the same date. An amendment to that approval became effective on November 17, 2025.
Enforcement authority. Hawaii has primary responsibility for administering and enforcing its federally approved UST Program. However, the EPA retains the authority to exercise its corrective action, inspection, and enforcement authorities under sections 9003(h), 9005, and 9006 of subtitle I of RCRA, 42 U.S.C. 6991b(h), 6991d, and 6991e, as well as under any other applicable statutory and regulatory provisions.
Retention of program approval. To retain program approval, Hawaii must revise its approved UST Program to adopt new changes to the Federal subtitle I program which 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 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.
Final approval. Hawaii has final approval for the following elements of its UST Program, originally submitted to the EPA on September 25, 2002, and approved effective September 30, 2002, and the program revisions approved by the EPA effective on March 7, 2022, and on November 17, 2025:
State statutes and regulations—
Incorporation by reference. The Hawaii materials cited in this paragraph (d)(1)(i), and listed in appendix A to this part, are incorporated by reference as part of the UST Program under subtitle I of RCRA, 42 U.S.C. 6991 et seq. (See § 282.2 for incorporation by reference approval and inspection information.) You may obtain copies of the Hawaii statutes and regulations that are incorporated by reference in this paragraph (d)(1)(i) from the Hawaii Department of Health, Kinau Hale, 1250 Punchbowl Street, Honolulu, HI 96813; Phone number: (808) 586-4400; website: https://health.hawaii.gov/ust/.
Hawaii Statutory Requirements Applicable to the Underground Storage Tank Program, dated February 18, 2020.
Hawaii Regulatory Requirements Applicable to the Underground Storage Tank Program, dated February 18, 2020.
Legal basis. The EPA considered the following statutes and regulations which provide the legal basis for the State's implementation of the UST Program. Although these statutes and regulations are part of the approved program, they are not being incorporated by reference for enforcement purposes and do not replace Federal authorities.
Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks. (1) Section 342L-1, as to the definition of “complaint” insofar as it is necessary for enforcement purposes.
(2) Section 342L-1, as to the definition of “variance” insofar as it establishes a definition of the term for use in granting variances.
(3) Section 342L-2, insofar as it directs the HDOH Director to administer Hawaii's UST Program.
(4) Section 342L-3, insofar as it defines the HDOH Director's powers.
(5) Section 342L-5, insofar as it allows for the granting of variances.
(6) Section 342L-6, insofar as it establishes procedures for the granting of variances.
(7) Section 342L-7, insofar as it grants inspection, monitoring, and other information-gathering authorities to the HDOH.
(8) Section 342L-8, insofar as it establishes the HDOH's enforcement authority.
(9) Section 342L-9, insofar as it provides emergency authority to the Hawaii governor and the HDOH Director.
(10) Section 342L-10, insofar as it makes persons who violate the statutes and regulations in Hawaii's UST Program subject to penalties.
(11) Section 342L-11, insofar as it allows the HDOH Director to impose administrative penalties for violations.
(12) Section 342L-12, insofar as it grants the HDOH Director the authority to commence a civil action seeking injunctive and other relief.
(13) Section 342L-12.5, insofar as it grants adversely affected persons the authority to intervene in civil enforcement actions.
(14) Section 342L-13, insofar as it grants appeal rights to parties aggrieved by an order of the HDOH director.
(15) Section 342L-15, insofar as it establishes the HDOH's obligations to make information available to the public and to protect confidential information.
(16) Section 342L-17, insofar as it provides that Hawaii Revised Statutes, Chapter 342L (Chapter 342L) does not exclude or impair existing civil or criminal remedies.
(17) Section 342L-18, insofar as it provides for enforcement by state and county authorities.
(18) Section 342L-19, insofar as it provides that Chapter 342L does not affect the powers, duties, and functions vested in the HDOH under other laws.
(19) Section 342L-20, insofar as it defines the relationship between Chapter 342L and laws, ordinances, and rules that are inconsistent.
(20) Section 342L-21, insofar as it grants priority in courts to actions brought under Chapter 342L.
(21) Section 342L-30(i), insofar as it establishes penalties for failure to comply with notification requirements.
(22) Section 342L-32.5, insofar as it prohibits the delivery, deposit, or acceptance of a regulated substance into an underground storage tank identified by the HDOH as ineligible for such delivery, deposit, or acceptance.
(23) Section 342L-50, insofar as it establishes definitions for the purpose of the HDOH's implementation of sections 342L-51 through 342L-53, which are not incorporated by reference.
(24) Section 342L-51, insofar as it requires the HDOH to establish a fund for responding to petroleum releases from USTs or UST systems.
(25) Section 342L-52, insofar as it provides the HDOH the authority to respond to suspected or confirmed petroleum releases from USTs or UST systems.
(26) Section 342L-53, insofar as it allows the HDOH to recover costs incurred from response or enforcement actions related to petroleum releases from USTs or UST systems.
Hawaii Administrative Rules, Chapter 11-280.1, Underground Storage Tanks. (1) Section 11-280.1-12, as to the definition of “variance” insofar as it establishes a definition of the term for use in granting variances.
(2) Section 11-280.1-66(d), insofar as it establishes criteria for the HDOH to use when approving corrective action plans.
(3) Section 11-280.1-66(e) and section 11-280.1-67 insofar as they establish requirements to facilitate public participation in the corrective action process.
(4) Section 11-280.1-112 insofar as it grants the HDOH Director the authority to require the placement of funds into a trust.
(5) Section 11-280.1-332, insofar as it allows the HDOH to grant variances.
(6) Section 11-280.1-333, insofar it establishes procedures for the granting of variances.
(7) Section 11-280.1-421, insofar as it describes the purpose of the subchapter of Hawaii's UST regulations that establishes an enforcement program.
(8) Section 11-280.1-422, insofar as it provides for the issuance of field citations for violations of Hawaii's UST requirements.
(9) Section 11-280.1-429, insofar as it prohibits the delivery, deposit, or acceptance of a regulated substance into ineligible USTs and establishes procedures to enforce the prohibition.
Other provisions not incorporated by reference. The following statutory and regulatory provisions applicable to the Hawaii UST Program are broader in scope than the Federal program. Therefore, these provisions are not part of the approved UST Program and are not incorporated by reference in this section:
Hawaii Revised Statutes, Chapter 342L, Underground Storage Tanks. (1) Section 342L-1 is broader in scope as to the definition of “regulated substance” insofar as it allows the HDOH to regulate substances that are not regulated under the Federal definition.
(2) Section 342L-1 is broader in scope as to the definition of “shoreline” insofar as it defines the term for the purposes of the shoreline permit prohibition in section 342L-4.5.
(3) Section 342L-4 is broader in scope insofar as it establishes a permitting program.
(4) Section 342L-4.5 is broader in scope insofar as it restricts the permitting of new USTs within one hundred yards of the shoreline.
(5) Section 342L-14 is broader in scope insofar as it grants the HDOH Director authority to establish fees for the registration of USTs or UST systems.
(6) Section 342L-16 is broader in scope insofar as it provides liability protections for HDOH personnel.
(7) Section 342L-23 is broader in scope insofar as it requires the HDOH Director to create and maintain a directory of UST service providers.
(8) Section 342L-30(g) is broader in scope insofar as it places notification requirements on any person selling an underground storage tank or tank system.
(9) Section 342L-30(h) is broader in scope insofar as it places notification requirements on any person who deposits regulated substances into an underground storage tank or tank system.
(10) Section 342L-31 is broader in scope insofar as it requires owners and operators of USTs or UST systems to obtain permits.
(11) Section 342L-61 is broader in scope insofar as it establishes a fuel tank advisory committee.
(12) Section 342L-62 is broader in scope insofar as it defines the duties of the fuel tank advisory committee.
Hawaii Administrative Rules, Chapter 11-280.1, Underground Storage Tanks. (1) Section 11-280.1-12 is broader in scope as to the definition of “regulated substance” insofar as it allows the Hawaii UST Program to regulate substances that are not regulated under the Federal program.
(2) Section 11-280.1-21(b) and (c) are broader in scope insofar as they require that all UST systems be upgraded to meet secondary containment requirement within the specified timeframe.
(3) Section 11-280.1-23 is broader in scope insofar as it requires hazardous substance USTs installed prior to October 13, 2015, to be secondarily contained, with no exceptions.
(4) Section 11-280.1-34(a)(1) is broader in scope insofar as it requires notification for a change in service as are Sections 11-280.1-34(a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(9) and (a)(10) insofar as they establish notification requirements beyond the scope of the Federal program.
(5) Section 11-280.1-42 is broader in scope insofar as it requires hazardous substance USTs installed prior to October 13, 2015, to use interstitial monitoring, with no exceptions.
(6) Section 11-280.1-53(b)(2) and section 11-451-6(b)(4) are broader in scope insofar as they establish a “reportable quantity” threshold for trichloropropane of 10 lbs.
(7) Section 11-280.1-61.1 is broader in scope insofar as it requires the posting of signs around the perimeter of contaminated areas, as the HDOH determines to be appropriate.
(8) Section 11-280.1-65.1 is broader in scope insofar as it requires written notification of confirmed releases to members of the public directly affected by the release.
(9) Sections 11-280.1-323 to 11-280.1-331 are broader in scope insofar as they require permits for the installation and operation of USTs.
(10) Sections 11-280.1-334 is broader in scope insofar as it establishes requirements regarding the maintenance of permits and variances.
(11) Section 11-280.1-335 is broader in scope insofar as it establishes fees for permits and variances.
Statement of legal authority. The Attorney General's Statement, signed by a Hawaii Deputy Attorney General on September 13, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
Demonstration of procedures for adequate enforcement. The “Demonstration of Procedures for Adequate Enforcement” submitted in the application on October 8, 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
Program description. The program description dated August 2018, and as amended in October 2018, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
Memorandum of Agreement. The Memorandum of Agreement between EPA Region 9 and the HDOH, signed by the EPA Regional Administrator on April 3, 2019, though not incorporated by reference, is referenced as part of the approved underground storage tank program under subtitle I of RCRA, 42 U.S.C. 6991 et seq.
Notes, amendments, and revision history
Amendments
[73 FR 53744, Sept. 17, 2008, as amended at 90 FR 44995, Sept. 18, 2025]
Authority
Authority: 42 U.S.C. 6912, 6991c, 6991d, and 6991e.
Source
Source: 58 FR 58625, Nov. 2, 1993, unless otherwise noted.
Amendments
[73 FR 53744, Sept. 17, 2008, as amended at 90 FR 44995, Sept. 18, 2025]