Section 11-60.1-98 - Permit reopening(a) The director shall reopen and amend a covered source permit if the director determines that any one of the following circumstances exists: (1) Additional applicable requirements pursuant to the Act or this chapter become applicable to a major covered source with a remaining permit term of three or more years. Such permit reopening shall be completed not later than eighteen months after promulgation or adoption of the applicable requirement. No such permit reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the expiration date of the original permit or any of its terms and conditions has been extended pursuant to section 11-60.1-101;(2) The permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit; or(3) The permit must be terminated, suspended, or amended to assure compliance with the applicable requirements.(b) Procedures to reopen and amend a covered source permit shall be the same as procedures which apply to initial permit issuance in accordance with section 11-60.1-83 and shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.(c) The director shall provide written notification to the permittee on the reopening of the permit indicating the basis for reopening at least thirty days prior to the reopening date, except that the director may provide a shorter time period if it is determined that immediate action on the reopening of the permit is required to prevent an imminent peril to public health and safety or the environment.(d) If requested by the director, the owner or operator of a covered source shall submit a permit application or information related to the basis of the permit reopening or those provisions affected by the reopening within thirty days of receipt of the permit reopening notice. An extension for the application submittal may be granted by the director if the owner or operator can provide adequate written justification for such an extension.(e) If the Administrator notifies the director of any cause to terminate, suspend, reopen, or amend a permit, the director shall submit to the Administrator within ninety days of receipt of such written notification, or within such other times as required by the Administrator, a proposed determination of termination, suspension, reopening, or amendment as appropriate.(f) If the Administrator objects to the director's proposed determination, the director shall terminate, suspend, reopen, or amend the permit in accordance with the Administrator's objection within ninety days from receipt of a written objection.Haw. Code R. § 11-60.1-98
[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, 7661 a, 7661d; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7661 a, 7661d; 40 C.F.R. Part 70)