Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 1 - GENERAL REQUIREMENTS
Section 11-60.1-14 - Public access to information

Universal Citation: HI Admin Rules 11-60.1-14

Current through February, 2024

(a) Except as provided in subsection (b), the following information shall be considered government records and as such shall be available for public inspection pursuant to chapter 92F, HRS, unless access is restricted or closed by law:

(1) All permit applications;

(2) All supporting information for permit applications;

(3) Compliance plans and schedules;

(4) Reports and results associated with performance tests and continuous emission monitors;

(5) Ambient air monitoring data and emissions inventory data;

(6) Certifications;

(7) Any other information submitted to the department pursuant to the noncovered and covered source permit program;

(8) Proposed GHG emission reduction plans;

(9) Permits; and

(10) Public comments or testimonies received during any public comment period or public hearing.

(b) Any owner or operator of an existing or proposed noncovered or covered source may request confidential treatment of specific information, including information concerning secret processes or methods of manufacture, by submitting a written request to the director at the time of submission, and clearly identifying the specific information that is to be accorded confidential treatment. With respect to each item of confidential information, the owner or operator requesting that it be designated as confidential shall provide the following documentation:

(1) How each item of information concerns secret processes, secret methods of manufacture, or is determined to be confidential pursuant to chapter 92F, HRS;

(2) Who has access to each item of information;

(3) What steps have been taken to protect the secrecy of each item of information; and

(4) Why it is believed each item of information must be accorded confidential treatment and the anticipated prejudice should disclosure be made.

(c) Any information submitted to the department without a request for confidentiality in accordance with this section shall be considered a public record.

(d) Upon a satisfactory showing to the director by any owner or operator that records, reports, or information, or particular part thereof, to which the director has access pursuant to this chapter, contain information of a confidential nature, including information concerning secret processes or methods of manufacture, these records, reports, or information shall be kept confidential except that such records, reports, or information may be disclosed to other state and federal officers or employees concerned with carrying out this chapter or when relevant in any proceeding pursuant to this chapter. If required by EPA, all records, reports, and information determined by the owner or operator to be confidential shall be submitted directly to EPA. Neither the contents of the permit nor emissions data shall be entitled to confidentiality protection.

(e) Records, reports, or information for which confidentiality has been claimed may be disclosed only after the requirements of section 342B-31(d), HRS, have been met and the person requesting confidentiality has had an opportunity to obtain judicial review pursuant to subsection (f).

(f) Any person who has claimed confidentiality for records, reports, or other information and whose claim was denied by the director may obtain administrative review and subsequent judicial review of the denial pursuant to chapter 91, HRS. Records which are the subject of a judicial review shall not be released until the judicial review is complete and only if the court authorizes such release.

(g) All requests for public records shall be in writing, shall be addressed to the director, and shall identify or describe the character of the requested record. Upon approval by the director, the requested public record shall be available to the requestor for inspection and copying during established office hours. The director shall charge the requester a reasonable cost for reproduction of any public record, but not less than twenty-five cents per page, sheet, or fraction thereof.

Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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