Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-100 - Public petitions

Current through June, 2024
(a) A person may
				  object to the issuance of any proposed covered source permit by petitioning the
				  Administrator pursuant to 40
				  CFR Section
				  70.8(d).
(b) If the Administrator objects to the
				  proposed covered source permit as a result of a public petition, the director
				  shall not issue the permit until the Administrator's objection has been
				  resolved. However, a permit that was issued after the end of the forty-five-day
				  review period and prior to the Administrator's objection, and except as
				  provided in subsection (h), shall remain in effect at least until the objection
				  is resolved. If the Administrator amends or terminates the permit based on the
				  public petition, the director may issue only an amended permit that satisfies
				  the Administrator's objection. If an amended permit is issued by the director,
				  the owner or operator of the source shall not be in violation of the
				  requirement to have submitted a timely and complete application.
(c) The applicant and any person who
				  participated in the public comment or hearing process and objects to the grant
				  or denial of a covered source permit or permit amendment may petition the
				  department for a contested case hearing by submitting a written request to the
				  director.
(d) The petition shall be
				  based solely upon objections to the covered source permit that were raised with
				  reasonable specificity during the public participation process, unless the
				  petitioner demonstrates that it was impracticable to raise such objections; for
				  example, the grounds for such objections arose after the public participation
				  process.
(e) Any petitioner shall
				  file a petition for a contested case hearing within ninety days of the date of
				  the department's approval or disapproval of the proposed draft
				  permit.
(f) Notwithstanding the
				  provisions of subsection (e), if based solely on objections which were
				  impracticable to raise during the public participation process, a petition for
				  a contested case hearing may be filed up to ninety days after the objections
				  could be reasonably raised.
(g)
				  Except as provided in subsection (h), any covered source permit that has been
				  issued shall not be invalidated by a petition for a contested case hearing. If
				  an amended covered source permit is issued by the director, the owner or
				  operator of the source shall not be in violation of the requirement to have
				  submitted a timely and complete application.
(h) The effective date of a covered source
				  permit for a new covered source or significant modification subject to the
				  requirements of subchapter
				  7 shall be as specified in 40 CFR Part
				  124.15.
(i) Any person may petition
				  for a contested case hearing for the director's failure to take final action on
				  an application for a covered source permit, covered source permit renewal, or
				  covered source permit amendment within the time required by this chapter. Such
				  petition shall be submitted in writing and may be filed any time before the
				  director issues a proposed draft permit or denies the application for a covered
				  source permit, covered source permit renewal, or covered source permit
				  amendment.
(j) Any person aggrieved
				  by a final administrative decision and order, including the denial of any
				  contested case hearing, may petition for judicial review pursuant to section
				  91-14, HRS. A petition for
				  judicial review shall be filed no later than thirty days after service of the
				  certified copy of the final administrative decision and order.