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Notice #: 0000496992-01
Public Hearings


On Underground Storage Tank Rules

Pursuant to Section 91-3 and 92-41, Hawaii Revised Statutes (HRS), notice is hereby given that the Department of Health (DOH) will hold a public hearing on proposed amendments to Hawaii Administrative Rules (HAR), Chapter 11-281, entitled, “Underground Storage Tanks.”

The purpose of these amendments are to incorporate the grant guidelines developed by the U. S. Environmental Protection Agency in order to implement the Energy Policy Act of 2005, Title XV, Section B, entitled the “Underground Storage Tank Compliance Act.”

These rules are applicable to all persons who own or operate regulated underground storage tanks (USTs) in Hawaii.

The Energy Policy Act of 2005 grant guideline requirements consist of the following:
delivery prohibition;
operator training; and
requirements for secondary containment and under dispenser containment for new and replaced UST systems.

In addition, the DOH is proposing to amend the existing regulations that were originally promulgated in 2000 with the following changes;
requirements for secondary containment for all tanks and UST systems within ten (10) years of the effective date of the rules;
requirements for leak detection for all existing USTs used for emergency generators within three (3) years of the effective date of the rules;
requirements for additional testing as a part of annual maintenance (e.g. spill and overfill sumps and containments);
requirements that the maintenance and service of release detection equipment must be conducted by a technician with current certification or training appropriate to the equipment serviced;
obtain a permit to operate for existing regulated tanks within three (3) years of the effective date of the rules;
replacing Tier 1 Action Levels with Tier 1 Screening Levels for Soil and Groundwater; and
updates for appendices and other clarifications.

The Public Hearing on the proposed amendments will be held on Monday, April 8, 2013 at 1:30 p.m. at the following locations:

OAHU (hearing officer will be present): HILO (via video-conferencing):
5th Floor Conference Room Hawaii District Health Office
919 Ala Moana Boulevard Hilo Conference Room
Honolulu, Hawaii 96814-4920 1582 Kamehameha Avenue
Phone: 586-4226 Hilo, Hawaii 96720
Phone: 808-933-0917

KONA West Hawaii Civic Center MAUI (via video-conferencing)
Mayor’s Conference Room, 2nd floor Maui District Health Office
74-5044 Ane Keohokalole Highway 54 High Street
Kailua-Kona, HI 96740 Wailuku, HI 96793
Phone: 808-323-4444 Phone: 808-984-8234

KAUAI (via video-conferencing):
Kauai, District Health Office
3040 Umi Street
Lihue, HI 96766
Phone: 808-241-3323

All interested persons are invited to attend the hearing and to state their views relative to the adoption of the proposed rules either orally or in writing. Interested persons may submit data, views or comments in writing to DOH, Solid and Hazardous Waste Branch at the time of hearing. All written and oral submissions regarding the proposed rules will be fully considered. Persons unable to attend the hearing or who wishes to submit written testimony may submit two (2) copies of their testimony to the Solid and Hazardous Waste Branch, 919 Ala Moana Boulevard, Ste. 212, Honolulu, HI 96814 or faxed to (808) 586-7509 by 4:30 p.m. on May 10, 2013.

The proposed rules will also be mailed at no cost upon request. To obtain a copy, call the Solid & Hazardous Waste Branch at (808) 586-4226. The proposed rules are also available to be reviewed in person at the above locations (except Kona) for three weeks prior to the public hearing during regular business hours. In addition, the full text of the proposed rules may be reviewed or downloaded free of charge from:

For more information, please contact Ms. Thu Perry at (808) 586-4226. Requests for special needs due to disability or language will be accommodated if such request is made at least ten (10) working days prior to the scheduled public hearing.

Director of Health
Promoting Lifelong Health and Wellness
(SA496992 3/1/13)~