Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 11 - GREENHOUSE GAS EMISSIONS
Section 11-60.1-205 - Public participation
Universal Citation: HI Admin Rules 11-60.1-205
Current through February, 2024
(a) The director shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on all draft GHG emission reduction plans from § 11-60.1-204. Any person requesting a public hearing shall do so during the public comment period. Any request from a person for a public hearing shall indicate the interest of the person filing the request and the reasons why a public hearing is warranted.
(b) Procedures for public notice, public comment periods, and public hearings shall be 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) Information submitted
by the proposing party, except for that determined to be confidential pursuant
to section
11-60.1-14;
(C) The department's analysis and proposed
action; and
(D) Other information
and documents determined to be appropriate by the
department;
(2)
Notification of a public hearing shall be given at least thirty days in advance
of the hearing date;
(3) A public
comment period shall be no less than thirty days following the date of the
public notice, during which time interested persons may submit to the
department written comments on:
(A) The
subject matter;
(B) The greenhouse
gas emission reduction plan;
(C)
The department's analysis;
(D) The
proposed actions; and
(E) Other
considerations as determined to be appropriate by the
department;
(4)
Notification of a public comment period or a public hearing shall be made:
(A) By publication in a newspaper which is
printed and issued at least twice weekly in the county affected by the proposed
action, or in which the source is or would be located;
(B) To persons on a mailing list developed by
the director, including those who request in writing to be on the list;
and
(C) If necessary by other means
to assure adequate notice to the affected public;
(5) Notice of public comment and public
hearing shall identify:
(A) The affected
facility;
(B) The name and address
of the proposing party;
(C) The
name and address of the agency of the department reviewing the plan;
(D) The activity or activities involved in
the plan, including, but not limited to, whether the proposing party proposes:
(i) an alternate baseline year;
(ii) an alternate facility-wide GHG emissions
cap;
(iii) a control strategy
involving partnering with one or more facilities.
(E) The emissions change involved in the
plan;
(F) The name, address, and
telephone number of a person from whom interested persons may obtain additional
information, including copies of the draft plan, all relevant supporting
materials, and all other materials available to the department that are
relevant to the decision, except for information that is determined to be
confidential, including information determined to be confidential pursuant to
section 11-60.1-14;
(G) A brief description of the comment
procedures;
(H) The time and place
of any hearing that may be held, including a statement of procedures to request
a hearing if one has not already been scheduled; and
(I) The availability of the information
listed in paragraph (1), and the location and times the information will be
available for inspection; and
(6) The director shall maintain a record of
the commenters and the issues raised during the public participation process
and shall provide this information to the Administrator upon
request."
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