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 February, 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.
