reglab/housing_qa huggingface dataset:
HI Rev Stat § 341-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|341. Environmental Quality Control|341-5 REPEALED.

  §341-5 REPEALED. L 2006, c 75, §17. Cross References  For present provision, see §304A-1551.
HI Rev Stat § 341-5.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|341. Environmental Quality Control|341-5.5 Environmental advisory council; established.

  §341-5.5 Environmental advisory council; established. (a) There is created an environmental advisory council not to exceed fifteen members. Members of the environmental advisory council shall be appointed by the governor as provided in section 26-34. The environmental advisory council shall be established within the office of planning and sustainable development for administrative purposes. The term of each member shall be four years. Vacancies shall be filled for the remainder of any unexpired term in the same manner as original appointments. The environmental advisory council chairperson shall be elected by the council from among the appointed members of the council.  (b) Members shall be appointed to ensure a broad and balanced representation of educational, business, and environmentally pertinent disciplines and professions, such as the natural and social sciences, the humanities, architecture, engineering, environmental consulting, public health, and planning; educational and research institutions with environmental competence; agriculture, real estate, visitor industry, construction, and media; and voluntary community and environmental groups. The members of the environmental advisory council shall serve without compensation but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the discharge of their duties. [L 2021, c 152, §2; am L 2021, c 153, §9]
HI Rev Stat § 341-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|341. Environmental Quality Control|341-6 Functions of the environmental advisory council.

  §341-6 Functions of the environmental advisory council. The environmental advisory council shall serve as a liaison between the office of planning and sustainable development and the general public by soliciting information, opinions, complaints, recommendations, and advice concerning ecology and environmental quality through public hearings or any other means and by publicizing such matters as requested by the director pursuant to section 341-4(b)(3). The environmental advisory council may make recommendations concerning ecology and environmental quality to the office of planning and sustainable development and shall meet at the call of the council chairperson or the director of the office of planning and sustainable development upon notifying the council chairperson. The environmental advisory council shall monitor the progress of state, county, and federal agencies in achieving the State's environmental goals and policies and shall submit its report and recommendations for improvements concerning ecology and environmental quality to the office of planning and sustainable development, which shall include the report and recommendations in its annual report to the legislature. All state and county agencies shall cooperate with the council by responding to its requests for information. [L 1970, c 132, pt of §1; am L 1974, c 248, §1; am L 1983, c 140, §2; am L 2021, c 152, §11 and c 153, §9] Revision Note  Section "341-4(b)(3)" substituted for "341-4(b)(4)". Law Journals and Reviews  Determining the Expiration Date of an Environmental Impact Statement: When to Supplement a Stale EIS in Hawai`i. 35 UH L. Rev. 249 (2013).
HI Rev Stat § 342B-2 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-2 Administration.

  §342B-2 Administration. The department shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director by this chapter as the director deems reasonable and proper for the effective administration of this chapter, except the power to make rules. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-3 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-3 General functions, duties, and powers of the director.

  §342B-3 General functions, duties, and powers of the director. (a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate air pollution and the emission of air pollutants in the State.  (b) In the discharge of the duty described in subsection (a) the director may adopt, amend, and repeal state rules controlling and prohibiting air pollution and the release of air pollutants or as otherwise necessary for the purposes of this chapter.  (c) In addition to other specific powers provided in this chapter, the director may appoint, without regard to chapter 76, hearings officers to conduct contested case hearings and public participation activities, including public hearings and public informational meetings. [L 1992, c 240, pt of §1; am L 2000, c 253, §150]
HI Rev Stat § 342B-4 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-4 Other powers of department and director not affected.

  §342B-4 Other powers of department and director not affected. The powers, duties, and functions vested in the department and director under this chapter shall not be construed to affect in any manner the powers, duties, and functions vested in the department and director under any other law. Rules shall be adopted pursuant to chapter 91. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-5 Effect of laws, ordinances, and rules.

  §342B-5 Effect of laws, ordinances, and rules. (a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect.  (b) Any county may adopt ordinances and rules governing any matter relating to air pollutant and air pollution control which is not governed by a rule of the department adopted pursuant to this chapter; provided that any county ordinance or rule relating to air pollution control shall be void and of no effect as to any matter regulated by a rule of the department upon the adoption thereof. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-5.5 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-5.5 Exemptions.

  §342B-5.5 Exemptions. The hydrogen sulfide standard adopted pursuant to this chapter shall not apply to waste ponds, waste piles, crops, feed, animals, or manure incident to agricultural operations necessary for the raising of animals or the growing or processing of crops. [L 1993, c 208, §1]
HI Rev Stat § 342B-6 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-6 Short title.

  §342B-6 Short title. This chapter may be cited as the "Hawaii Air Pollution Control Act". [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-7 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-7 Annual reports.

 §342B-7 Annual reports. The department shall compile an annual report summarizing:  (1) Air quality data from all air quality monitoring stations;  (2) Annual criteria pollutant emissions;  (3) Annual air toxic emissions; and  (4) All completed or issued enforcement actions. [L 1992, c 240, pt of §1; am L 1993, c 208, §3]
HI Rev Stat § 342B-11 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-11 Prohibition.

  §342B-11 Prohibition. No person, including any public body, shall engage in any activity which causes air pollution or causes or allows the emission of any regulated air pollutant without first securing approval in writing from the director. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-12 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-12 Specific powers of the director.

  §342B-12 Specific powers of the director. The director may:  (1) Establish ambient air quality standards for the State as a whole or for any part thereof;  (2) Establish and administer any permit program;  (3) Establish by rule the control of open burning, fugitive dust, and visible emissions;  (4) Establish by rule the control of vehicular smoke emission and require the installation, use, and proper operation and maintenance of air pollution control equipment for motor vehicles;  (5) Establish and administer a program of inspection and testing of all modes of transportation except aircraft, to enforce compliance with applicable emission limitations when necessary and practicable, and to control or limit the operation of motor vehicular and other modes of transportation when the director finds pursuant to standards established by rules such modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is necessary to meet applicable ambient air quality standards;  (6) Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;  (7) Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;  (8) Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;  (9) Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and  (10) Establish rules allowing for environmental permit shields. [L 1992, c 240, pt of §1; am L 1994, c 268, §1]
HI Rev Stat § 342B-13 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-13 Public participation.

  §342B-13 Public participation. (a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall provide for notice and opportunity for public comment as follows:  (1) The director shall make available for public inspection in at least one location in the county affected by the proposed action, or in which the source is or would be located:  (A) Information on the subject matter;  (B) All information submitted by the applicant, except for that deemed confidential;  (C) The department's analysis and proposed action; and  (D) Other information and documents deemed appropriate by the department;  (2) The director shall notify the public of the availability of information listed in paragraph (1). Public notification shall be given once in the county affected by the proposed action, or in which the source is or would be located. The director shall also post this notice on the department's web site in an easily-located manner;  (3) Public notice shall be mailed to any person, group, or agency upon request;  (4) The director shall provide a period of not less than thirty days following the date of the public notice during which time interested persons may submit written comments on the subject matter, application, department's analysis and proposed actions, and other appropriate considerations. The period for comment may be extended at the discretion of the director; and  (5) The director, at the director's sole discretion, may hold a public hearing if the public hearing would aid in the director's decision. Any person may request a public hearing. The request shall be in writing and shall be filed within the thirty-day comment period prescribed in paragraph (4) and shall indicate the interest of the party filing the request and the reasons why a hearing is warranted. The director shall give the public notice for a hearing in accordance with paragraph (2) at least thirty days in advance of the hearing date and shall conduct the hearing in the county which would be affected by the proposed action, or in which the source is or would be located.  (b) All rules shall be adopted, amended, and repealed pursuant to chapter 91. The director shall provide written notice to any person, who submitted comments during the comment period or presented testimony during the public hearing, of the final action taken by the department with respect to the rules.  (c) The director shall hold a public hearing when revising the state implementation plan required by the Clean Air Act, and the amendments thereto, and the regulations promulgated thereunder. [L 1992, c 240, pt of §1; am L 1993, c 208, §4; am L 1998, c 2, §87; am L 2000, c 150, §2]
HI Rev Stat § 342B-15 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-15 Complaints; hearings; appointment of masters.

  §342B-15 Complaints; hearings; appointment of masters. The director may:  (1) Receive or initiate complaints on air pollution, hold hearings in connection with air pollution, and institute legal proceedings in the name of the State for the prevention, control, or abatement of air pollution; and  (2) Appoint a master or masters to conduct investigations and hearings. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-16 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-16 Research, educational, and training programs.

  §342B-16 Research, educational, and training programs. The director may:  (1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate sources of air pollution;  (2) With the approval of the governor, cooperate with, and receive money from, the federal government, or any political subdivision of the State or from private sources for the study and control of air pollution; and  (3) Conduct and supervise statewide educational and training programs on air pollution prevention, control, and abatement, including the preparation and distribution of information relating to air pollution. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-17 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-17 Air quality modelers.

  §342B-17 Air quality modelers. The department may establish permanent exempt positions known as air quality modelers for the purpose of assessing the impact of air releases. The positions shall be appointed by the director without regard to chapter 76. The funds for these positions shall come from the clean air special fund established in section 342B-32. [L 1997, c 146, §3; am L 2000, c 253, §150]
HI Rev Stat § 342B-18 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-18 Annual reports to neighboring communities.

 [ §342B-18] Annual reports to neighboring communities. (a) Every owner or operator of a major source within Campbell Industrial Park or Kahe Valley or every owner or operator of a geothermal facility that emits criteria air pollutants in excess of one hundred tons per year shall submit an annual report to the department within sixty days of the beginning of each year, which shall describe the following:  (1) The type and quantity of criteria pollutants emitted by the facility during the previous year;  (2) A description of controls, operating procedures, or other measures being used by the owner or operator to control emissions of these criteria pollutants.  (b) The department shall review and evaluate the information submitted under subsection (a) and produce a report. The department shall include the following information in the reports:  (1) A summary of the ambient air quality data collected for each criteria pollutant monitored;  (2) A comparison of the monitoring data collected against state and federal ambient air quality standards;  (3) Impacts of the monitored criteria pollutants' adverse effects on human health and the environment; and  (4) A report on air quality trends over a five-year period.  (c) The department shall distribute the reports described in this section on a monthly basis to adjacent neighborhood boards or community associations, or both. [L 1997, c 146, §7] Revision Note  Subsection (b) redesignated pursuant to §23G-15(1).
HI Rev Stat § 342B-19 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-19 Unpermitted releases; timely notice.

  §342B-19 Unpermitted releases; timely notice. The department shall review the reports submitted by every owner or operator of a geothermal facility, or major source within Campbell Industrial Park or Kahe Valley, of their unpermitted releases to determine whether the release may have an adverse impact on human health. The department shall notify the neighborhood boards or community associations, or both, of the adjacent communities of unpermitted releases which may have an adverse impact on human health as soon as circumstances warrant. [L 1997, c 146, §8]
HI Rev Stat § 342B-21 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-21 Specific functions, duties, and powers of the director.

  §342B-21 Specific functions, duties, and powers of the director. The director shall have the functions, duties, and power to:  (1) Issue permits for a fixed term not to exceed five years;  (2) Ensure compliance by all sources required to have a permit with each applicable standard, regulation, or requirement provided by federal or state statutes or rules;  (3) Ensure that, upon issuance or renewal, permits incorporate emission limitations and other requirements in an applicable state implementation plan;  (4) Terminate, modify, or revoke and reissue permits for cause;  (5) Enforce permits, permit fee requirements, and the requirement to obtain a permit including the recovery of civil penalties;  (6) Ensure that permits in effect during the establishment and implementation of this new permit program will continue in effect until the permittee has applied for and obtained a permit under the new program; and  (7) Issue permits with environmental permit shields pursuant to such rules as the director may adopt. [L 1992, c 240, pt of §1; am L 1994, c 268, §2]
HI Rev Stat § 342B-22 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-22 Permit and permit renewal; requirements.

  §342B-22 Permit and permit renewal; requirements. (a)  The owner or operator of a covered source shall obtain a permit from the department. The director may exempt any nonmajor category of covered sources from the permit obligation for a period of five years after the effective date of the rules establishing the permit program.  (b) Within twelve months after the effective date of the rules establishing the permit program, the owner or operator of a covered source shall submit to the department an application for a permit and a compliance plan.  (c) No person shall begin construction, modification, or relocation of any covered source without first obtaining a permit from the director.  (d) The director may require any person who owns, operates, or desires to construct, modify, or relocate a source other than a covered source to obtain a permit prior to the construction, modification, relocation, operation, or continued operation.  (e) Permits being renewed shall be subject to the same procedural requirements that apply to initial permit issuance, including the procedure of federal oversight and public participation.  (f) Permit expiration terminates the source's right to operate unless a timely and complete renewal application is submitted to the department and provided the owner or operator acts consistently with the permit previously granted, the application on which it was granted, and all plans, specifications, and other information submitted as a part thereof. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-23 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-23 Application for permit.

  §342B-23 Application for permit. (a) An application for a permit required pursuant to this chapter shall be in the form prescribed by the director and for existing sources shall also be accompanied by a compliance plan.  (b) The department may require that permit applications be accompanied by other plans, specifications, meteorological monitoring data, ambient air quality monitoring data, and best available control technology analysis, and any other information necessary to identify the source, the air emissions, and the air quality impacts and to determine whether the proposed installation, modification, or operation will be in accord with applicable rules and standards. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-24 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-24 Action on a permit application.

 §342B-24 Action on a permit application. (a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give the applicant written notice of incompleteness outlining additional information requirements.  (b) The department shall take final action on each permit application within eighteen months after the application is determined or deemed to be complete, except that in each of the first three years of the permit program the department need only act on one third of the permit applications submitted during the first year of the permit program. The department may prioritize final action on applications for construction or modification.  (c) Each application for a covered source shall be subject to federal oversight.  (d) For each application for a covered source permit the director shall provide public notice, including the method by which a public hearing can be requested, and an opportunity for public comments in accordance with section 342B-13. [L 1992, c 240, pt of §1; am L 1993, c 208, §5]
HI Rev Stat § 342B-25 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-25 Approval of permit.

  §342B-25 Approval of permit. (a) The director shall issue a permit for any term not exceeding five years if it is determined that the source will comply with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.  (b) The permit may be subject to such reasonable conditions as the director may prescribe, including emission limitations or other conditions to assure compliance with all hazardous air pollutant maximum achievable control technology standards or rules adopted pursuant to this chapter.  (c) The director, on application, shall renew a permit for a term not exceeding five years, if it is determined that the source complies with all requirements of this chapter and the rules and standards adopted pursuant to this chapter.  (d) The director shall not deny an application for the issuance or renewal of a permit without affording the applicant an opportunity for a hearing in accordance with chapter 91.  (e) The director shall not issue a permit for a covered source if the administrator timely objects to its issuance. [L 1992, c 240, pt of §1]
HI Rev Stat § 342B-26 (2021)
2021 Hawaii Revised Statutes|Title 19. Health|342B. Air Pollution Control|342B-26 General and temporary permits; single permit.

 §342B-26 General and temporary permits; single permit. (a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 342B-13, may issue a general permit covering numerous similar sources. The owner of any source covered by a general permit must apply to the department for use of the general permit.  (b) The director may issue a single permit authorizing emissions from similar operations by the same source owner or operator at multiple temporary locations. No permit shall be issued unless it is assured that the source at all authorized locations will be or is in compliance with all requirements pursuant to this chapter and the rules and standards adopted pursuant to this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §6]