reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-27 Other permit action.

§342B-27 Other permit action.
(a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, the director determines that:
(1) The permit contains a material mistake made in establishing the emissions limitations or other requirements of the permit;
(2) Permit action is required to assure compliance with the applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;
(3) Permit action is required to address additional applicable requirements of the Clean Air Act, this chapter, and the applicable standards and rules adopted pursuant to this chapter;
(4) There is a violation of any condition of the permit;
(5) The permit was obtained by misrepresentation or failure to disclose fully all relevant facts;
(6) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge;
(7) More frequent monitoring or reporting by the permittee is required;
(8) It is necessary to incorporate into the permit the requirements from pre-construction review permits or exemptions authorized under an approved new source review program in the applicable implementation plan; or
(9) Such is in the public interest.
In determining the public interest, the director shall consider the environmental impact of the proposed action, any adverse environmental effects which cannot be avoided should the action be implemented, the alternatives to the proposed action, the relationship between local short-term uses of the environment and the maintenance and enhancement of long-term productivity, and any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented, and any other factors which the director may by rule prescribe; provided that any determination of public interest shall promote the optimum balance between economic development and environmental quality.
(b) The director may revise a permit administratively if the revision:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
(3) Allows for a change in ownership or operational control of a source where the department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the department; or
(4) Makes any other change that the department determines to be similar to those in paragraphs (1) to (3). [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-28 Recordkeeping and monitoring requirements.

§342B-28 Recordkeeping and monitoring requirements.
The director may require an owner or operator of any source on a continuous, periodic, or one-time basis to:
(1) Establish, maintain, and submit records;
(2) Draft reports;
(3) Install, use, and maintain monitoring equipment, and use audit procedures or methods;
(4) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during periods, and in the manner prescribed by the director;
(5) Keep records on the source and the control equipment parameters, production variables, or other indirect data when direct monitoring is impractical;
(6) Sample and analyze the composition of the fuel, waste, or other products being burned or incinerated;
(7) Submit compliance certifications; and
(8) Provide other information as the department may require. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-29 Fees.

§342B-29 Fees.
(a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department.
(b) Fees for covered sources shall adequately cover the direct and indirect costs required to develop, support, and administer the permit program, including the reasonable costs of:
(1) Reviewing and acting upon any application for or renewal of a permit;
(2) Implementing and enforcing the terms and conditions of any permit, including legal support;
(3) Monitoring emissions and ambient air quality, including resources to audit and inspect source-operated monitoring programs at least once a year;
(4) Preparing generally applicable rules or guidance;
(5) Performing or reviewing modeling, analyses, and demonstrations;
(6) Preparing inventories and tracking emissions;
(7) Providing support to the small business assistance program; and
(8) Administering the fund.
(c) Fees for covered sources shall be based on the number of tons of regulated air pollutant, excluding carbon monoxide, allowed or emitted by the permitted source and shall not be less than $25 per ton per year.
(d) Unless changed by rules, fees for covered sources shall be changed in December of each year only by the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year.
(e) Nothing in the cost-per-ton fee provisions of subsections (c) and (d) shall restrict the director from assessing more or less than the amount determined under subsections (c) and (d) from any one covered source or any class or category of covered sources, as designated by the director; provided the department collects a total amount of fees sufficient to cover the costs of the permit program. [L 1992, c 240, pt of §1; am L 2009, c 42, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-30 Judicial review.

§342B-30 Judicial review.
The applicant and any person who participated in the public comment process may obtain judicial review in [environmental court] of the final action on a permit issuance or renewal. This is in addition to judicial review otherwise available. [L 1992, c 240, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-31 Government records; confidential information.

§342B-31 Government records; confidential information.
(a) The department shall make all government records maintained pursuant to this chapter open to public inspection in accordance with chapter 92F unless access is restricted or closed by law.
(b) Except as provided in subsection (c), the following permit program documents are deemed to be government records:
(1) Permit applications and all supporting information;
(2) Compliance plans (including schedules of compliance);
(3) Emissions or compliance monitoring reports;
(4) Certifications;
(5) Permits; and
(6) Any other information submitted to the department pursuant to the permit program.
(c) Upon a showing satisfactory to the director by any person that records, reports, or information, or particular part thereof (other than emission data), to which the director has access pursuant to this chapter, contain information of a confidential nature concerning secret processes or methods of manufacture, these records, reports, or information shall be kept confidential except that such record, report, or information may be disclosed to other officers or employees of the department and EPA concerned with carrying out this chapter or when relevant in any proceeding pursuant to this chapter. The contents of the permit itself shall not be entitled to confidentiality protection.
(d) No records, reports, or information for which confidentiality is claimed by the person from whom they are obtained shall be disclosed until such person has received reasonable notice under the procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et seq. and has had the opportunity to demonstrate why these should not be disclosed, including a reasonable opportunity to obtain judicial relief. In any such proceedings, confidentiality shall be accorded to any documents which satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any rules adopted by the department pursuant to chapter 91.
(e) Any officer, employee, or agent of the department acquiring confidential information from any inspection authorized by section 342B-41 who divulges the information except as authorized in this chapter or except as ordered by a court or at an administrative hearing regarding an alleged violation of this chapter or of any rule or standard adopted pursuant to this chapter shall be fined not more than $1,000.
(f) The provisions of sections 92F-16 and 92F-17 shall apply to any officer, employee, or agent of the department acquiring any confidential information as defined in this section. [L 1992, c 240, pt of §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-32 Clean air special fund.

§342B-32 Clean air special fund.
(a) There is created in the state treasury a special fund to be designated as the clean air special fund. The proceeds in the fund shall be used solely to pay for all reasonable direct and indirect costs required to develop, support, and administer the permit program requirements of this chapter including reasonable costs of:
(1) Reviewing and acting upon any application for or renewal of a permit;
(2) Implementing and enforcing the terms and conditions of any permit, including legal support as defined by rules;
(3) Monitoring emissions and ambient air quality including resources to audit and inspect source-operated monitoring requirements at least once a year;
(4) Preparing generally applicable rules or guidelines;
(5) Performing or reviewing modeling, analyses, and demonstrations;
(6) Preparing emissions inventories and tracking systems;
(7) Providing support to the small business assistance program; and
(8) Administering the fund.
(b) All moneys collected as fees pursuant to section 342B-29 shall be deposited into the clean air special fund. All interest earned or accrued on moneys deposited in the fund shall become a part of the fund. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-33 Minimum permit conditions.

§342B-33
Minimum permit conditions.
At a minimum, each permit shall require the permittee to:
(1) Submit to the director, no less than every six months, the results of any required monitoring and, no less than annually, a compliance certification; and
(2) Disclose the annual emissions of hazardous air pollutants. [L 1992, c 240, pt of §1; am L 1994, c 268, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-35 Crematoriums.

§342B-35 Crematoriums.
Crematoriums of human remains operating within the State shall be subject to the permit requirements of this chapter; provided that the owners or operators of any crematoriums constructed before March 20, 1972, and operating within the State without a permit shall submit permit applications to the department no later than December 31, 2013. [L 2012, c 278, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-36 Use of coal for electricity generation.

§342B-36 Use of coal for electricity generation.
The department may issue or renew a permit to an owner or operator of a covered source that will burn or consume coal to generate electricity; provided that as a condition of the permit, all coal burning shall cease on December 31, 2022. Beginning after December 31, 2022, the department shall not issue or renew any permit to an owner or operator of a covered source which will burn or consume coal to generate electricity. [L 2020, c 23, §3]
Cross References
Coal power purchase agreements; prohibited, see §269-48.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-41 Inspection of premises.

§342B-41 Inspection of premises.
The director, in accordance with the law, may enter and inspect any building or place to investigate an actual or suspected source of air pollution, to ascertain compliance or noncompliance with this chapter or any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval granted by the department pursuant to this chapter, and to make reasonable tests in connection therewith. No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of air pollution shall be disclosed by the official or employee except as it relates directly to air pollution and then only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-43 Emergency powers; procedures.

§342B-43 Emergency powers; procedures.
(a)
Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the release of any air pollutant or combination of air pollutants that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the release of the air pollutant to immediately reduce or stop the release, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such a declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1992, c 240, pt of §1; am L 1993, c 261, § §2, 4; am L 1995, c 201, §1]
Cross References
Environmental response law, see chapter 128D.
Hawaii emergency planning and community right-to-know act, see chapter 128E.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-44 Injunctive and other relief.

§342B-44 Injunctive and other relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted, condition of a permit, or variance issued pursuant to this chapter, without the necessity of prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or obtain other relief. The environmental court shall have the power to grant relief in accordance with the Hawaii rules of civil procedure.
[L 1992, c 240, pt of §1; am L 1995, c 180, §3; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-45 Citation.

§342B-45 Citation.
(a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may be issued a summons or citation for such violation. Violations of vehicular smoke emission rules and open burning control rules shall constitute a violation as defined in section 701-107 and shall be enforced by police officers. The summons or citation shall be printed in the form hereinafter described, warning the person to appear and answer the charge against the person at a certain place and at a time within seven days of the issuance of the summons or citation.
(b) The summons or citation shall be designed to provide for all necessary information. The form and content of such summons or citation shall be adopted or prescribed by the district environmental courts.
(c) The original of a summons or citation shall be given to the purported violator and the other copy or copies distributed in the manner prescribed by the district environmental courts; provided that the district environmental courts may prescribe alternative methods of distribution of the original and any other copies.
(d) Summonses and citations shall be consecutively numbered and the carbon copy or copies of each shall bear the same number.
(e) If any person fails to comply with a summons or citation, the person who issued the summons or citation shall cause a complaint to be entered against the person and secure the issuance of a warrant for the person's arrest. Failure to comply with a summons or citation is a misdemeanor.
[L 1992, c 240, pt of §1; am L 1997, c 27, §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-46 Appeal.

[ §342B-46] Appeal.
If any party is aggrieved by a decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by an environmental court of competent jurisdiction.
[L 1992, c 240, pt of §1; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-47 Civil penalties.

§342B-47 Civil penalties.
(a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than $25 nor more than $2,500 for each separate offense. Each day of each violation constitutes a separate offense.
(b) Any person who violates the open burning control rules adopted by the department pursuant to this chapter shall be fined not more than $10,000 for each separate offense. Each day of each violation constitutes a separate offense.
(c) Any person who violates this chapter, any rule adopted pursuant to this chapter, other than vehicular smoke emission control and open burning control rules, any condition of a permit issued or variance granted pursuant to this chapter, or any fee or filing requirement, shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.
(d) Any person who denies, obstructs, or hampers the entrance, inspection, or monitoring by any duly authorized officer or employee of the department of any building, place, or vehicle that the officer or employee is authorized to enter and inspect shall be fined not more than $25,000 for each separate offense. Each day of each violation constitutes a separate offense.
(e) State of mind shall not be an element of proof for civil violations. [L 1992, c 240, pt of §1; am L 1993, c 208, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-48 Administrative penalties.

§342B-48 Administrative penalties.
(a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director is authorized to impose by order the penalties specified in section 342B-47.
(b) Factors to be considered in imposing an administrative penalty include:
(1) The nature and history of the violation and of any prior violations;
(2) The economic benefit to the violator, or anticipated by the violator, resulting from the violation;
(3) The opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply; and
(5) Such other matters as justice may require.
(c) It is presumed that the violator's economic and financial conditions allow payment of the penalty, and the burden of proof to the contrary is on the violator.
(d) In any judicial proceeding to recover the administrative penalty imposed, the director need only show that:
(1) Notice was given;
(2) A hearing was held or the time granted for requesting a hearing has run without such a request;
(3) The administrative penalty was imposed; and
(4) The penalty remains unpaid. [L 1992, c 240, pt of §1; am L 1994, c 268, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-49 Criminal penalties.

§342B-49 Criminal penalties.
(a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule, or any fee or filing requirement, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment not to exceed five years, or both.
(b) Any person who knowingly makes any false statement, representation, or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any monitoring device or method required by the department to be maintained by the person pursuant to this chapter, or who fails to report as required by this chapter, shall be punished by a fine of not more than $25,000 for each day of each violation or by imprisonment for not more than two years, or both.
(c) Any person who negligently releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who at the time negligently places another person in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than one year, or both. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
(d) Any person who knowingly releases into the ambient air any hazardous air pollutant or extremely hazardous substance and who knows at the time that another person is thereby placed in imminent danger of death or serious bodily injury shall be punished by a fine of not more than $25,000 for each day of each violation, or imprisonment for not more than fifteen years, or both. Any organization which violates this subsection shall be subject to a fine of not more than $1,000,000. If a conviction of any person under this subsection is for a violation committed after a first conviction of the person under this subsection, the maximum punishment shall be doubled with respect to both the fine and imprisonment. [L 1992, c 240, pt of §1; am L 1993, c 208, §9]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-50 Disposition of collected fines and penalties.

§342B-50 Disposition of collected fines and penalties.
Fines and penalties collected under sections
342B-47, 342B-48, and 342B-49 shall be deposited into the environmental response revolving fund established by section 128D-2. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-52 Nonliability of department personnel.

§342B-52 Nonliability of department personnel.
Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter for any acts done by the member, officer, or employee in the performance of the member's, officer's, or employee's duties; provided that this section shall not apply to violations of section 342B-31. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-53 Other action not barred.

§342B-53 Other action not barred.
No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or the ordinance of any county shall be excluded or impaired by this chapter.
[L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-54 Priority in courts.

§342B-54 Priority in courts.
All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit issued under this chapter shall in the discretion of the court receive priority in the courts of the State.
[L 1992, c 240, pt of §1]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-55 Consent orders; settlement agreements.

§342B-55 Consent orders; settlement agreements.
Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director or the State is a party is final or filed with [an] environmental court, the director shall provide public notice and an opportunity for the public to comment. The director shall promptly consider any written comments and may withdraw or withhold consent to the proposed order or agreement if the comments disclose facts or considerations which indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of this chapter. Nothing in this section shall apply to civil or criminal penalties under this chapter. [L 1992, c 240, pt of §1; am L 1993, c 208, §10; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-61 Small business assistance program.

§342B-61 Small business assistance program.
(a) The director shall establish within the department a small business assistance program to provide technical support and environmental compliance information to those small business stationary sources subject to the provisions of this chapter. The small business assistance program shall:
(1) Develop, collect, and coordinate information concerning compliance methods and technologies for small business stationary sources;
(2) Assist small business stationary sources with air pollution prevention and accidental release detection and prevention, including providing information concerning alternative technologies, process changes, products, and methods of operation that help reduce air pollution;
(3) Assist small business stationary sources in determining applicable requirements and in obtaining permits pursuant to this chapter in a timely and efficient manner;
(4) Assure that small business stationary sources receive in a timely manner notice of their rights and of any applicable rules or standards proposed or adopted pursuant to this chapter;
(5) Inform small business stationary sources of their obligations pursuant to this chapter;
(6) Develop procedures for referring small business stationary sources to qualified consultants in evaluating the operations of such sources and in determining compliance with this chapter; and
(7) Develop procedures to consider requests from small business stationary sources for modification of:
(A) Any work practice or technological compliance methods; or
(B) The milestones for implementing such work practice or compliance method;
based on the technological and financial capability of any such small business stationary source. No modification may be granted unless it is in compliance with the applicable requirements of this chapter and the Clean Air Act.
(b) The director, upon petition by a small business stationary source, after notice and opportunity for public comment, may include as a small business stationary source for purposes of this chapter any stationary source which does not meet the criteria for items (3), (4), or (5) of the definition of "small business stationary source" provided the stationary source does not emit more than one hundred tons per year of all regulated air pollutants.
(c) The director, in consultation with the administrator and the administrator of the federal Small Business Administration and after providing notice and opportunity for public comment, may exclude from the definition of "small business stationary source" any category or subcategory of sources that the administrator or the director determines to have sufficient technical and financial capabilities to meet the requirements of this chapter without the application of this part. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-62 Compliance advisory council; establishment; appointment, number, and term of members; duties.

§342B-62 Compliance advisory council; establishment; appointment, number, and term of members; duties.
(a) There is established within the department, for administrative purposes, an advisory council to be known as the compliance advisory council which shall:
(1) Render advisory opinions concerning the effectiveness of the small business assistance program, difficulties encountered, and the degree and severity of enforcement;
(2) Make periodic reports to the administrator concerning the compliance of the small business assistance program with the requirements of the federal Paperwork Reduction Act (44 United States Code subsection 3501 et seq.), the Regulatory Flexibility Act (5 United States Code subsection 601 et seq.), and the Equal Access to Justice Act (Public Law 96-354);
(3) Review information for small business stationary sources to assure such information is understandable by the layperson;
(4) Have the small business assistance program serve as the secretariat for the development and dissemination of such reports and advisory opinions; and
(5) Perform other duties as required by the director.
(b) The council shall be composed of seven voting members. The members shall be appointed in the manner provided in section 26-34, except as provided otherwise in this section.
(c) The members of the council shall be selected as follows:
(1) Two persons who are not owners, or representative of owners, of small business stationary sources selected by the governor to represent the general public;
(2) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the house of representatives, and one member selected by the minority leadership of the house of representatives;
(3) Two persons who are owners or represent owners of small business stationary sources, with one member selected by the majority leadership of the senate and one member selected by the minority leadership of the senate; and
(4) One member selected by the director to represent the department.
(d) The members shall serve for two-year terms. The council shall elect its officers, and four members shall constitute a quorum. The members shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties. [L 1992, c 240, pt of §1]
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-71 Statewide greenhouse gas emissions limit, adoption.

§342B-71 Statewide greenhouse gas emissions limit, adoption.
(a) A statewide greenhouse gas emissions limit to be achieved by 2020 is hereby established that is equal to or below the level of the statewide greenhouse gas emissions in 1990, as determined by section 3 of Act 234, Session Laws of Hawaii 2007; provided that for the purposes of this Act greenhouse gas emissions from airplanes shall not be included.
(b) The director shall submit a report to the legislature by December 31, 2023, indicating a measurement of the 2005 greenhouse gas emissions in the State, including emissions from airplanes.
(c) The director shall complete a greenhouse gas emissions inventory report each year beginning after 2017 to track emissions and determine the State's progress in the reduction of greenhouse gas emissions. The department shall make these reports widely accessible, including to the public, as soon as they are available. [L 2007, c 234, pt of §8; am L 2022, c 238, §3]
Note
Hawaii state energy office shall analyze pathways and develop recommendations for achieving the State's economy-wide decarbonization goals; report to 2024 legislature. L 2022, c 238, §4.
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-72 Greenhouse gas emissions limits; rules.

§342B-72
Greenhouse gas emissions limits; rules.
(a) Before December 31, 2011, the director shall adopt rules pursuant to chapter 91:
(1) Establishing greenhouse gas emission limits applicable to sources or categories of sources, to be achieved by January 1, 2020, and establishing emission reduction measures to achieve the maximum practically and technically feasible and cost-effective reductions in greenhouse gas emissions in furtherance of achieving the statewide greenhouse gas emissions limit; and
(2) Requiring the reporting and verification of statewide greenhouse gas emissions and to monitor and enforce compliance with this part,
to become operative beginning on January 1, 2012.
(b) The director, to the extent feasible to achieve the statewide greenhouse gas emissions limit, shall adopt rules pursuant to chapter 91 and this section based upon the recommendations and findings of the work plan created pursuant to section 6 of Act 234, Session Laws of Hawaii 2007.
(c) Any rule adopted by the director pursuant to this section shall ensure all of the following:
(1) The greenhouse gas emission reductions achieved are real, permanent, quantifiable, verifiable, and enforceable by the director; and
(2) If applicable, the greenhouse gas emission reduction occurs over the same time period and is equivalent in amount to any direct emission reduction required pursuant to this part.
(d) The director shall periodically review and update state emission reporting requirements and endeavor to make the requirements consistent with the requirements of international, federal, and other states' greenhouse gas emission reporting programs, as necessary.
(e) After January 1, 2012, the director may revise rules adopted pursuant to this section and adopt additional rules to further this part. [L 2007, c 234, pt of §8]
Law Journals and Reviews
What Can the Abolition of Slavery Teach Us About Climate Change? Local Action in the Liquefied Natural Gas Controversy. 35 UH L. Rev. 687 (2013).
Lorenzo's Answer. 41 UH L. Rev. 248 (2019).
2023 Hawaii Revised Statutes › Title 19. Health › 342B. Air Pollution Control › 342B-73 Schedule of fees; establishment.

§342B-73 Schedule of fees; establishment.
The director may adopt rules pursuant to chapter 91 that specify a schedule of fees to be paid by the sources of greenhouse gas emissions regulated pursuant to this part. The revenues collected pursuant to this section shall be deposited into the clean air special fund established under section 342B-32 to be used for the purposes thereof. [L 2007, c 234, pt of §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342C. Ozone Layer Protection › 342C-1 Definitions.

§342C-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Chlorofluorocarbon" or "CFC" means any member of the family of substances containing carbon, fluorine, and chlorine, including, without limitation, those compounds known as CFC-11, CFC-12, CFC-13, CFC-14, CFC-113, CFC-114, CFC-115, CFC-116, CFC-500, CFC-502, and CFC-503, and any combination or mixture containing any of these chlorofluorocarbon compounds.
"Department" means the department of health.
"Director" means the director of health.
"Halon" means any fully halogenated carbon compound containing bromine, chlorine, or fluorine, including, without limitation, those compounds known as Halon-1301, Halon-1211, and Halon-2402.
"Mobile air conditioner" means an air conditioner designed for installation in a motor vehicle.
"Ozone-depleting compound" means any chlorofluorocarbon or halon, including those compounds known as methyl chloroform and carbon tetrachloride, or any other compound designated by the United States Environmental Protection Agency as being an ozone-depleting compound pursuant to Title 40, Part 82, Code of Federal Regulations, or any other compound designated by the department as being an ozone-depleting compound.
"Person" includes any individual, firm, association, partnership, or corporation, whether domestic or foreign, whether acting as a principal, agent, employee, or otherwise, and includes any governmental entity or charitable organization.
"Portable" means capable of being carried in hand by one individual. [L 1990, c 316, pt of §2; am L 1992, c 264, §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342C. Ozone Layer Protection › 342C-2 Prohibited acts.

§342C-2 Prohibited acts.
(a) Effective January 1, 1991, no person in this State shall sell or offer for sale any CFC refrigerant suitable for use in air conditioners or mobile air conditioners in containers that are smaller than fifteen pounds net.
(b) No person in this State shall wilfully cause or allow CFCs to be released into the air from any source or process regulated by this chapter, other than through common use of a product, or in the course of attempting to recover, recycle, or safely dispose of CFCs while exercising due care to prevent unnecessary releases of CFCs into the air to the extent practicable and in compliance with applicable rules.
(c) Effective July 1, 1993, no person in this State shall:
(1) Purchase, distribute, manufacture, import, sell, or offer for sale, any portable fire extinguisher that contains a halon or other ozone-depleting compound; or
(2) Repair, service, or perform maintenance on any portable fire extinguishing system or unit without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds.
Exempted from this prohibition is the sale of portable halon fire extinguishers for use in aircraft, which may be sold to purchasing agents of airline companies, or to private individuals upon presentation of a pilots license. [L 1990, c 316, pt of §2; am L 1992, c 264, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342C. Ozone Layer Protection › 342C-5 Penalties.

§342C-5 Penalties.
(a) Any person who violates the provisions of this chapter pertaining to ozone layer protection or any rule adopted by the department pursuant to this chapter shall be fined not more than $1,000 for each separate offense.
(b) Each unit of CFC refrigerant sold or offered for sale, and each wilful release of CFCs into the air, shall constitute a separate offense.
(c) Each portable fire extinguisher, containing a halon or other ozone-depleting compound, that is purchased, distributed, manufactured, imported, sold, or offered for sale, shall constitute a separate offense.
(d) Each portable fire extinguishing system or unit that is repaired, serviced, or upon which maintenance is performed, without using a reclamation system to recapture, recycle, or properly dispose of unspent halons or other ozone-depleting compounds, shall constitute a separate offense.
(e) Any action taken to impose or collect the penalty provided for in this section shall be considered a civil action. [L 1990, c 316, pt of §2; am L 1992, c 264, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-2 Administration.

§342D-2 Administration.
The department shall administer this chapter through the director. The director may delegate to any person such 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 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-3 Board membership.

§342D-3 Board membership.
Notwithstanding any law to the contrary, no individual, board, or body of this State which grants permits required under this chapter shall be or include, as a member, any person who receives or has during the previous two years received, a significant portion of the person's income directly or indirectly from permit holders or applicants for a permit; provided that for the purposes of this section, no agency, board, or body of the State shall be considered a permit holder or applicant for a permit. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-4 Duties; rules.

§342D-4 Duties; rules.
In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate water pollution in the State and may control all management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution. In the discharge of this duty, the director may adopt rules pursuant to chapter 91 necessary for the purposes of this chapter. Any person heard at the public hearing shall be given written notice of the action taken by the department with respect to the rules. [L 1989, c 212, pt of §2; am L 1995, c 180, §6; am L 1999, c 193, §3]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-5 Rules; specific.

§342D-5 Rules; specific.
The director may establish by rule, water quality standards, effluent standards, treatment and pretreatment standards, and standards of performance for specific areas and types of discharges in the control of water pollution, thereby allowing for varying local conditions. [L 1989, c 212, pt of §2]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-6.5 Hawaiian loko i`a.

§342D-6.5 Hawaiian loko i`a.
The department shall process applications for permits and water quality certifications for the reconstruction, restoration, repair, or reuse of any loko i`a, or Hawaiian fishpond as defined in section 183B-1, before all other permits and certifications. The director shall render a decision on the completeness of any application for that permit or water quality certification within thirty days of receipt. Applications for loko i`a reconstruction, restoration, or repair that are incomplete shall be denied without prejudice. The director shall render a decision on any complete application for a permit or water quality certification for any loko i`a within one hundred fifty days. [L 1995, c 177, §3; am L 2015, c 230, §2; am L 2023, c 233, §4]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-8 Inspection of premises.

§342D-8 Inspection of premises.
(a) The director, in accordance with law, may enter and inspect any building or place to:
(1) Investigate an actual or suspected source of water pollution;
(2) Investigate actual or suspected management practices for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution;
(3) Ascertain compliance or noncompliance with this chapter, any rule or standard adopted by the department pursuant to this chapter, or any permit or other approval granted by the department pursuant to this chapter; and
(4) Make reasonable tests in connection therewith.
(b) The director may require any permittee or holder of a variance or person subject to pretreatment requirements to permit the director or the director's authorized representative upon the presentation of the director's or representative's credentials:
(1) To enter upon permittee's or variance holder's premises or premises of a person subject to pretreatment requirements in which an effluent source is located or in which any records are required to be kept under the terms and conditions of the permit or variance or pretreatment requirements;
(2) To inspect any monitoring equipment or method required in the permit or variance or by pretreatment requirements; and
(3) To sample any discharge of water pollutants or effluent.
(c) No confidential information secured pursuant to this section by any official or employee of the department within the scope and course of the official's or employee's employment in the prevention, control, or abatement of water pollution shall be disclosed by the official or employee except as it relates directly to water pollution and then, only in connection with the official's or employee's official duties and within the scope and course of the official's or employee's employment. [L 1989, c 212, pt of §2; am L 1995, c 180, §8; am L 1999, c 193, §5]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-10 Emergency powers; procedures.

§342D-10 Emergency powers; procedures.
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and safety is or will be caused by the discharge of waste, any combination of discharges of waste, or any management practice that requires immediate action, the governor or the director, without a public hearing, may order any person causing or contributing to the discharge of waste to immediately reduce or stop the discharge, or to reduce, stop, or change the management practice, and may take any and all other actions as may be necessary. The order shall fix a place and time, not later than twenty-four hours thereafter, for a hearing to be held before the director. Management practices covered in this subsection are those for domestic sewage, sewage sludge, and recycled water, whether or not the practices cause water pollution.
(b) Nothing in this section shall be construed to limit any power which the governor or any other officer may have to declare an emergency and act on the basis of such declaration, if such power is conferred by statute or constitutional provision, or inheres in the office. [L 1989, c 212, pt of §2; am L 1995, c 180, §10 and c 201, §2; am L 1999, c 193, §6]
Cross References
Environmental response law, see chapter 128D.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-11 Injunctive and other relief.

§342D-11
Injunctive and other relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of this chapter, any rule adopted pursuant to this chapter, or any condition of a permit or variance issued pursuant to this chapter, without the necessity of a prior revocation of the permit or variance, to impose and collect civil penalties, to collect administrative penalties, or to obtain other relief. The environmental court shall have power to grant relief in accordance with the Hawaii rules of civil procedure. [L 1989, c 212, pt of §2; am L 1995, c 180, §11; am L 2014, c 218, §8]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-12 Appeal.

§342D-12 Appeal.
If any party is aggrieved by the decision of the director, the party may appeal in the manner provided in chapter 91 to the circuit environmental court of the circuit in which the party resides or has the party's principal place of business or in which the action in question occurred; provided that the operation of a cease and desist order will not be stayed on appeal unless specifically ordered by [an] environmental court of competent jurisdiction. [L 1989, c 212, pt of §2; am L 2014, c 218, §8]
2023 Hawaii Revised Statutes › Title 19. Health › 342D. Water Pollution › 342D-13 Fees.

§342D-13 Fees.
The director may establish reasonable fees for the issuance of permits and variances to cover the cost of issuance thereof and for the implementation and enforcement of the terms and conditions of permits and variances (not including court costs or other costs associated with any formal enforcement action). The fees shall be deposited to the credit of the general fund. [L 1989, c 212, pt of §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.