Hawaii Revised Statutes 342b. Air Pollution Control
PART I. DEFINITIONS AND GENERAL PROVISIONS
- 342b-1 Definitions.
As used in this chapter, unless the context otherwise requires: "Administrator" means the administrator of the United States Environmental Protection Agency. "Air pollutant" has...
- 342b-2 Administration.
The department shall administer this chapter through the director. The director may delegate to any person the power and authority vested in the director...
- 342b-3 General Functions, Duties, and Powers of the Director.
(a) In addition to any other power or duty prescribed by law and in this chapter, the director shall prevent, control, and abate air...
- 342b-4 Other Powers of Department and Director Not Affected.
The powers, duties, and functions vested in the department and director under this chapter shall not be construed to affect in any manner the...
- 342b-5 Effect of Laws, Ordinances, and Rules.
(a) All laws, ordinances, and rules inconsistent with this chapter shall be void and of no effect. (b) Any county may adopt ordinances and...
- 342b-5.5 Exemptions.
The hydrogen sulfide standard adopted pursuant to this chapter shall not apply to waste ponds, waste piles, crops, feed, animals, or manure incident to agricultural...
- 342b-6 Short Title.
This chapter may be cited as the "Hawaii Air Pollution Control Act". [L 1992, c 240, pt of §1]
- 342b-7 Annual Reports.
The department shall compile an annual report summarizing: (1) Air quality data from all air quality monitoring stations; (2) Annual criteria pollutant emissions; (3) Annual...
PART II. AIR POLLUTION
- 342b-11 Prohibition.
No person, including any public body, shall engage in any activity which causes air pollution or causes or allows the emission of any regulated...
- 342b-12 Specific Powers of the Director.
The director may: (1) Establish ambient air quality standards for the State as a whole or for any part thereof; (2) Establish and administer...
- 342b-13 Public Participation.
(a) Except as provided in subsections (b) and (c), where public participation is deemed appropriate by the director or is required, the director shall...
- 342b-14 Variances.
(a) Every application for a variance shall be made on forms furnished by the department and shall be accompanied by a complete and detailed...
- 342b-15 Complaints; Hearings; Appointment of Masters.
The director may: (1) Receive or initiate complaints on air pollution, hold hearings in connection with air pollution, and institute legal proceedings in the...
- 342b-16 Research, Educational, and Training Programs.
The director may: (1) Conduct and supervise research programs for the purpose of determining the causes, effects, hazards, or means to monitor or abate...
- 342b-17 Air Quality Modelers.
The department may establish permanent exempt positions known as air quality modelers for the purpose of assessing the impact of air releases. The positions...
- 342b-18 Annual Reports to Neighboring Communities.
(a) Every owner or operator of a major source within Campbell Industrial Park or Kahe Valley or every owner or operator of a geothermal...
- 342b-19 Unpermitted Releases; Timely Notice.
The department shall review the reports submitted by every owner or operator of a geothermal facility, or major source within Campbell Industrial Park or...
PART III. PERMIT PROGRAM
- 342b-21 Specific Functions, Duties, and Powers of the Director.
The director shall have the functions, duties, and power to: (1) Issue permits for a fixed term not to exceed five years; (2) Ensure...
- 342b-22 Permit and Permit Renewal; Requirements.
(a) The owner or operator of a covered source shall obtain a permit from the department. The director may exempt any nonmajor category of...
- 342b-23 Application for Permit.
(a) An application for a permit required pursuant to this chapter shall be in the form prescribed by the director and for existing sources...
- 342b-24 Action on a Permit Application.
(a) Within sixty days of receipt of an application the department shall give the applicant written notice that the application is complete, or give...
- 342b-25 Approval of Permit.
(a) The director shall issue a permit for any term not exceeding five years if it is determined that the source will comply with...
- 342b-26 General and Temporary Permits; Single Permit.
(a) The director, after providing public notice, including the method by which a public hearing can be requested, and an opportunity for public comment...
- 342b-27 Other Permit Action.
(a) The director, on the director's own motion or the application of any person, may terminate, modify, suspend, or revoke and reissue any permit...
- 342b-28 Recordkeeping and Monitoring Requirements.
The director may require an owner or operator of any source on a continuous, periodic, or one-time basis to: (1) Establish, maintain, and submit...
- 342b-29 Fees.
(a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of...
- 342b-30 Judicial Review.
The applicant and any person who participated in the public comment process may obtain judicial review in [environmental court] of the final action on...
- 342b-31 Government Records; Confidential Information.
(a) The department shall make all government records maintained pursuant to this chapter open to public inspection in accordance with chapter 92F unless access...
- 342b-32 Clean Air Special Fund.
(a) There is created in the state treasury a special fund to be designated as the clean air special fund. The proceeds in the...
- 342b-33 Minimum Permit Conditions.
At a minimum, each permit shall require the permittee to: (1) Submit to the director, no less than every six months, the results of any...
- 342b-34 Exceptions.
This part does not apply to open burning and fugitive dust which shall be regulated by rules adopted by the department. [L 1992, c...
- 342b-35 Crematoriums.
Crematoriums of human remains operating within the State shall be subject to the permit requirements of this chapter; provided that the owners or operators of...
PART IV. ENFORCEMENT AND PENALTIES
- 342b-41 Inspection of Premises.
The director, in accordance with the law, may enter and inspect any building or place to investigate an actual or suspected source of air...
- 342b-42 Enforcement.
(a) If the director determines that any person has violated or is violating this chapter, any rule adopted pursuant to this chapter, or any...
- 342b-43 Emergency Powers; Procedures.
(a) Notwithstanding any other law to the contrary, if the governor or the director determines that an imminent peril to the public health and...
- 342b-44 Injunctive and Other Relief.
The director may institute a civil action in any environmental court of competent jurisdiction for injunctive and other relief to prevent any violation of...
- 342b-45 Citation.
(a) Any person who violates the vehicular smoke emission rules and open burning control rules adopted by the department pursuant to this chapter may...
- 342b-46 Appeal.
If any party is aggrieved by a decision of the director, the party may appeal in the manner provided in chapter 91 to the...
- 342b-47 Civil Penalties.
(a) Any person who violates the vehicular smoke emission rules adopted by the department pursuant to this chapter shall be fined not less than...
- 342b-48 Administrative Penalties.
(a) In addition to any other administrative or judicial remedy provided by this chapter, or by rules adopted pursuant to this chapter, the director...
- 342b-49 Criminal Penalties.
(a) Any person who knowingly violates any applicable standards or limitations, any condition in a permit issued pursuant to this chapter, any order, any rule,...
- 342b-50 Disposition of Collected Fines and Penalties.
Fines and penalties collected under sections 342B-47, 342B-48, and 342B-49 shall be deposited into the environmental response revolving fund established by section 128D-2. [L...
- 342b-51 Enforcement by State and County Authorities.
All state and county health authorities and police officers shall enforce this chapter and the rules, orders, and permits of the department. [L 1992,...
- 342b-52 Nonliability of Department Personnel.
Notwithstanding any other law to the contrary, no member, officer, or employee of the department shall be criminally liable or responsible under this chapter...
- 342b-53 Other Action Not Barred.
No existing civil or criminal remedy for any wrongful action which is a violation of any statute or any rule of the department or...
- 342b-54 Priority in Courts.
All actions brought pursuant to this chapter or pursuant to the rules adopted under this chapter or pursuant to the conditions of a permit...
- 342b-55 Consent Orders; Settlement Agreements.
Notwithstanding section 342B-13, at least thirty days before a consent order or settlement agreement of any kind under this chapter to which the director...
- 342b-56 Citizen Suits.
(a) After June 30, 1995, any person may commence a civil action on that person's own behalf against: (1) Any person (including the State and...
PART V. SMALL BUSINESS ASSISTANCE PROGRAM
PART VI. GREENHOUSE GAS EMISSIONS
Last modified: October 27, 2016