Haw. Code R. § 11-271-18 - Administrative record for final permit

(a) The director shall base final permit decisions under section 11-271-15 on the administrative record defined in this section.

(b) The administrative record for any final permit shall consist of the administrative record for the draft permit and:

(1) All comments received during the public comment period provided under section 11-271-10 (including any extension or reopening under section 11-271-14);

(2) The tape or transcript of any hearing(s) held under section 11-271-12;

(3) Any written materials submitted at such a hearing;

(4) The response to comments required by section 11-271-17 and any new material placed in the record under that section;

(5) [Reserved];

(6) Other documents contained in the supporting file for the permit; and

(7) The final permit.

(c) The additional documents required under subsection (b) should be added to the record as soon as possible after their receipt or publication by the department. The record shall be complete on the date the final permit is issued.

(d) This section applies to all final hazardous waste management permits when the draft permit was subject to the administrative record requirements of section 11-271-9.

(e) Material readily available at the department, or published materials which are generally available and which are included in the administrative record under the standards of this section or of section 11-271-17 ("response to comments"), need not be physically included in the same file as the rest of the record as long as it is specifically referred to in the statement of basis or fact sheet or in the response to comments.

Notes

Haw. Code R. § 11-271-18

[Eff 6/18/94; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: 40 C.F.R. §124.18)