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1. The transcript of the December 2, 2019 public hearing is now available here:
https://health.hawaii.gov/shwb/files/2019/12/Public-hearing-transcript-December-2-2019.pdf
The written comments on this proposed rulemaking have not yet been compiled.
For all information about this rulemaking proposal, see https://health.hawaii.gov/shwb/ust-har/
 
2. The public hearing scheduled for December 30 is not a follow-up to the hearing that took place on December 2. The December 30 hearing is on a completely separate rulemaking proposal; at the December 30 hearing, the Department of Health will be accepting testimony on the below proposed change only. The public hearing will be at 9am at the State Lab auditorium at 2725 Waimano Home Rd, Pearl City. Note that you must enter through the security gate past the Pearl City Cultural Center and continue approximately half a mile up the road, then make a right at the white sign that says
“State Laboratory Facilities.”

The change being proposed is the removal of the following language from §11-280.1-327(b), HAR:
  • The director shall notify the applicant of the director’s decision within one hundred eighty days of receipt of a complete application, as defined in subsection (a).  Otherwise, a complete application is deemed approved on the one hundred eightieth day after it is received by the department.
The proposed amendment removes the limitation on the amount of time the department has to take action on a complete application for an Underground Storage Tank (UST) system permit and removes the automatic approval of a permit when that time limit is exceeded. The proposed change eliminates an unintended potential consequence of the current rules: namely, that a contested permit is automatically “deemed approved” if the department is unable to take action on the permit within one hundred eighty (180) days of receiving a complete application. This change creates no new obligations for tank owners and operators and should have no impact on the issuance of routine UST system permits that are not the subject of dispute, particularly permit renewals for existing systems.

For all information about this rulemaking proposal, see https://health.hawaii.gov/shwb/ust-har/






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Department of Health · 2827 Waimano Home Rd Ste 100 · Pearl City, HI 96782-1487 · USA

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