Haw. Code R. § 15-35-10 - Process for requesting an exemption

(a) To obtain an exemption, in whole or in part, from the ethanol blending requirements, a distributor shall submit to the petroleum commissioner, in a manner allowed by the petroleum commissioner, a request for exemption, along with supporting documentation which must demonstrate that--

(1) Sufficient quantities of competitively-priced ethanol are not available to meet the minimum requirements of this chapter; or

(2) Compliance with the ethanol blending requirement would cause undue hardship.

(b) Requests for exemption may be submitted at any time and must be accompanied by supporting documentation.

(c) Exemptions may be granted for up to ninety days, and they may be renewed, if supporting documentation is provided.

(d) Exemptions may be granted in whole or in part. When granting an exemption in part, the commissioner may, depending upon the circumstances, completely relieve a distributor from complying with a portion of blending requirements, or the commissioner may require a distributor to blend all or some of the exempted fuel in future months.

(e) If a distributor is seeking an exemption --

(1) Under paragraph (a)(1) of this section, the types of documentation that are to accompany the request must include, but are not limited to, actual price and quantity quotes from vendors or suppliers, with contact information (address, phone number, email, and website) of said vendors and suppliers, and additional documentation that exhibits good faith efforts to meet the ethanol blending requirement; or

(2) Under paragraph (a)(2) of this section, the distributor must identify what portion of the ethanol blending requirement should be subject to the exemption, describe the specific nature of the hardship that precludes compliance, with documentation, and provide additional documentation that exhibits good faith efforts to meet the ethanol blending requirement.

(3) Retroactively, due to sudden and unforeseen circumstances beyond the control of the distributor (such as war, strikes, lockouts, or acts of God), the distributor shall notify the petroleum commissioner, in a manner allowed by the petroleum commissioner, within thirty days of the event, of the distributor's intent to request an exemption, the reason for the exemption request, and the anticipated period of the exemption request. The distributor shall submit a formal request for exemption within 60 days of the event. If the exemption request is subsequently denied, penalties for nonconforming fuel may be assessed.

(f) Requests for exemption shall be signed and certified by the chief executive officer or other authorized officer of the company and addressed to the Hawaii State Department of Business, Economic Development and Tourism, Petroleum Commissioner, PO Box 2359, Honolulu Hawaii, 96804, or to such other address as the commissioner may post or announce on the Department website.

(g) The petroleum commissioner shall endeavor to provide to the distributor, within forty-five days of receipt of a request that complies with this section, a written determination as to whether the distributor's request has been granted or denied.

(h) While a request for an exemption is pending and prior to the issuance of a written determination as to whether the distributor's request is granted, no assessment or accrual of penalties shall occur.

Notes

Haw. Code R. § 15-35-10

[Eff. OCT 02 2004] (Auth: HRS § 486J-10) (Imp: HRS § 486J-10)