Section 11-60.1-73 - Piiblic participation(a) In considering an application for a noncovered source permit, the director shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment for permits that result in a net increase in emissions of any air pollutant at or above the 'significant" emission rates of 11-60.1-131, paragraph (1) of the definition. The fugitive emissions of a stationary source shall not be included in determining the increase in emissions of the source for the purposes of this section, unless the source belongs to one of the categories of stationary sources listed in paragraph (2) of the definition of "major source" in section 11-60.1-1. 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 applicant, 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: (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 conunent and public hearing shall identify: (A) The affected facility;(B) The name and address of the permittee;(C) The name and address of the agency of the department processing the permit;(D) The activity or activities involved in the permit action;(E) The emissions change involved in any permit amendment reflecting a modification to the noncovered source;(F) The name, address, and telephone number of a person from whom interested persons may obtain additional information, including copies of the draft permit, the application, all relevant supporting materials including any compliance plan and monitoring reports, and all other materials available to the department that are relevant to the permit decision, except for information that is 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.Haw. Code R. § 11-60.1-73
[Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 ) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 )