Haw. Code R. § 11-271-14 - Reopening of the public comment period

(a)

(1) The director may order the public comment period reopened if the procedures of this subsection could expedite the decisionmaking process. When the public comment period is reopened under this subsection, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must submit all reasonably available factual grounds supporting their position, including all supporting materials, by a date, not less than sixty days after public notice under paragraph (a)(2), set by the director. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than twenty days after the date set for filing of the material, set by the director.

(2) Public notice of any comment period under this subsection shall identify the issues to which the requirements of subsection (a) shall apply.

(3) On his own motion or on the request of any person, the director may direct that the requirements of paragraph (a)(1) shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of paragraph (a)(1) will substantially expedite the decisionmaking process. The notice of the draft permit shall state whenever this has been done.

(4) A comment period of longer than sixty days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this section. Commenters may request longer comment periods and they shall be granted under section 11-271-10 to the extent they appear necessary.

(b) If any data information or arguments submitted during the public comment period, including information or arguments required under section 11-271-13, appear to raise substantial new questions concerning a permit, the director may take one or more of the following actions:

(1) Prepare a new draft permit, appropriately modified, under section 11-271-6;

(2) Prepare a revised statement of basis under section 11-271-7, a fact sheet or revised fact sheet under section 11-271-8 and reopen the comment period under section 11-271-14; or

(3) Reopen or extend the comment period under section 11-271-10 to give interested persons an opportunity to comment on the information or arguments submitted.

(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under section 11-271-10 shall define the scope of the reopening.

(d) [Reserved]

(e) Public notice of any of the above actions shall be issued under section 11-271-10.

Notes

Haw. Code R. § 11-271-14

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §124.14)