Haw. Code R. §§ 11-260.20 - General

(a) Any person may petition the director to modify or revoke any provision in parts 260 through 266, 268 and 273 of this chapter. This section sets forth general requirements which apply to all such petitions. Section 260.23 sets forth additional requirements for petitions to amend part 273 of this chapter to include additional hazardous wastes or categories of hazardous waste as universal waste.

(b) Each petition must be submitted to the director by certified mail and must include:

(1) The petitioner's name and address;

(2) A statement of the petitioner's interest in the proposed action;

(3) A description of the proposed action, including (where appropriate) suggested regulatory language; and

(4) A statement of the need and justification for the proposed action, including any supporting tests, studies, or other information.

(c) The director will make a tentative decision to grant or deny a petition and will publish notice of such tentative decision, either in the form of an advanced notice of proposed rulemaking, a proposed rule, or a tentative determination to deny the petition, for written public comment.

(d) Upon the written request of any interested person, the director may, at his discretion, hold an informal public hearing to consider oral comments on the tentative decision. A person requesting a hearing must state the issues to be raised and explain why written comments would not suffice to communicate the person's views. The director may in any case decide on his own motion to hold an informal public hearing.

(e) After evaluating all public comments the director will make a final decision by publishing a regulatory amendment or a denial of the petition.

Notes

Haw. Code R. §§ 11-260.20

[Eff 7/17/2017] (Auth: HRS §§ 342J-4, 342J-31, 342J-35) (Imp: HRS §§ 342J-4, 342J-31, 342J-35) Am and Comp 9/30/2018 Comp 6/25/2020 Comp 6/7/2021 Am and comp 1/29/2024