Section 11-60.1-101 - Covered source permit renewal applications(a) Every application and issuance of a covered source permit renewal is subject to the same requirements for an initial application of a covered source permit including requirements of section 11-60.1-83. Applications shall be submitted to the director on forms furnished by the director. The applicant shall submit sufficient information to enable the director to make a decision on the application and to determine the fee requirements specified in subchapter 6. Information submitted shall include: (1) Name, address, and phone number of: (B) The facility, if different from the company;(C) The owner and owner's agent; and(D) The plant site manager or other contact;(2) Statement certifying that no changes have been made in the design or operation of the source as proposed in the initial and any subsequent covered source permit applications. If changes have occurred or are being proposed, the applicant shall provide a description of those changes such as work practices, operations, equipment design, and monitoring procedures, including the affected applicable requirements associated with the changes and the corresponding information to determine the applicability of all applicable requirements;(3) A compliance plan in accordance with section 11-60.1-85;(4) A source compliance certification in accordance with section 11-60.1-86; and(5) Other information: (A) As required by any applicable requirement or as requested and deemed necessary by the director to make a decision on the application; and(B) As may be necessary to implement and enforce other applicable requirements of the Act or of this chapter or to determine the applicability of such requirements.(b) Each permit renewal application shall be submitted to the director no fewer than twelve months and no more than eighteen months prior to the permit expiration date. The director may allow a permit renewal application to be submitted no fewer than six months prior to the permit expiration date, if the director determines that there is reasonable justification.(c) The director shall not continue to act upon or consider an incomplete application. An application shall be determined to be complete only when all of the following have been complied with:(1) All information required and requested pursuant to subsection (a) has been submitted;(2) All documents requiring certification have been certified pursuant to section 11-60.1-4;(3) All applicable fees have been submitted; and(4) The director has certified that the application is complete.(d) The director shall notify the applicant in writing whether the application is complete. Unless the director requests additional information or notifies the applicant of incompleteness within sixty days of receipt of an application, the application shall be deemed complete.(e) During the processing of an application that has been determined or deemed complete, if the director determines that additional information is necessary to evaluate or take final action on the application, the director may request such information in writing and set a reasonable deadline for a response. As set forth in section 11-60.1-82, the covered source ability to operate and the validity of the covered source permit shall continue beyond the permit expiration date until the final permit is issued or denied, provided the applicant submits all additional information within the reasonable deadline specified by the director.(f) Except for applications for renewal for coverage under a covered source general permit, the director, in writing, shall approve, conditionally approve, or deny an application for renewal of a covered source permit within twelve months after receipt of a complete application. If the application for renewal has not been approved or denied within twelve months after a complete application is received, the covered source permit and all its terms and conditions shall remain in effect and not expire until the application for renewal has been approved or denied and provided the applicant has submitted any additional information within the reasonable deadline specified by the director.(g) For applications for renewal requesting coverage under a covered source general permit, the director shall approve or deny an application for renewal within six months after receipt of a complete application. If the application for renewal has not been approved or denied within six months after a complete application is received, the coverage under the covered source general permit and all its terms and conditions shall remain in effect and not expire until the application for renewal has been approved or denied and provided the applicant has submitted any additional information within the reasonable deadline specified by the director.(h) A covered source permit renewal application shall be approved only if the director determines that the operation of the covered source will be in compliance with all applicable requirements.(i) 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 the draft covered source permit renewal in accordance with section 11-60.1-99.(j) The director shall provide a statement that sets forth the legal and factual bases for the draft permit conditions (including references to the applicable statutory or regulatory provisions) to EPA and any other person requesting it.(k) Each application for renewal and proposed covered source permit shall be subject to EPA oversight in accordance with section 11-60.1-95.Haw. Code R. § 11-60.1-101
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-13, 342B-22, 342B-23, 342B-24, 342B'25, 342B-26, 342B*33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661d; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-13, 342B-22, 342B-23, 342B-24, 342B-25, 342B-26, 342B-33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661d; 40 C.F.R. Part 70)