Section 11-60.1-72 - Permit reopening(a) The director shall reopen and amend a noncovered source permit if the director determines that any one of the following circumstances exist: (1) The director determines that 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(2) The permit must be terminated, suspended, or amended to assure compliance with the applicable requirements.(b) Procedures to reopen and amend a noncovered source permit shall be the same as procedures which apply to initial permit issuance in accordance with section 11-60.1-63 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 noncovered 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.Haw. Code R. § 11-60.1-72
[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 )