Report Title:

Air; Quality

Description:

Authorizes the department of health to represent the State in assessing demonstrations submitted by federal land managers.

HOUSE OF REPRESENTATIVES

H.B. NO.

2675

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AIR QUALITY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 342B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"342B- Air quality related values; state protection. (a) For the purposes of this section, the following terms shall be defined as follows:

"Air quality-related value" means a feature or property of a class I federal area that was fundamental to the purpose for which the area was established or designated and which may be affected by air pollution, including flora, fauna, geologic features, and cultural resources.

"Class I" means an area of land that has been designated as "Class I" under section 162 of the federal Clean Air Act.

"Scientifically reliable evidence" means evidence shown by a methodology that is generally accepted within the relevant scientific community, that has been subjected to peer review and publication; is capable of and has been tested; is subject to established control standards of performance and has a known or potential rate of error that is within a range acceptable to the relevant scientific community.

(b) The department may represent the State as provided in this section when assessing demonstrations submitted by a federal land manager under section 165(d)(2)(C)(ii) of the federal Clean Air Act.

(1) When a federal land manager sends a written demonstration to the department under the authority of section 165(d)(2)(C)(ii) of the federal Clean Air Act alleging that emissions of a criteria pollutant from a proposed major new source or a major modification of a source will have an adverse impact on any specifically defined air quality-related value of a class I area, the department shall concur in the demonstration only if the demonstration establishes the following by a preponderance of the evidence:

(A) For an area that was designated as class I under section 162 of the federal Clean Air Act, that emissions of a specific criteria pollutant from the proposed new source or modification will result in a significant, actual adverse impact on an air quality-related value that was fundamental to the purpose for which the area was established and preserved by Congress;

(B) For an area that was redesignated as class I under section 164 of the federal Clean Air Act, that emissions of a criteria pollutant from the proposed new source or modification will result in a significant, actual adverse impact on an air quality-related value that was considered an important attribute in the decision to redesignate the area as class I; or

(C) That an adverse effect of any specific pollutant on any specific air quality-related value is established by evidence that is scientifically reliable and which demonstrates the alleged adverse effect will result from concentrations that are likely to occur as a result of emissions into the ambient air.

(2) To be considered by the department, a demonstration under paragraph (1) must be received by the department no later than thirty days after the mailing of written notice to the federal land manager of any permit application for a proposed major source or major modification.

(3) The department shall determine within thirty days of receipt of a demonstration made under paragraph (1) whether the demonstration meets the requirements of that paragraph. The department shall notify the federal land manager and the owner or operator of the proposed new major stationary source or modification within ten days, in writing, of that determination. If the department determines that the proposed new major source or major modification will have a significant adverse impact on an air quality-related value, a permit shall not be issued unless the owner or operator of the proposed new major source or modification demonstrates to the department that it has mitigated that adverse impact by obtaining enforceable and permanent emissions reductions to offset the adverse impact. The owner or operator has the burden of establishing the sufficiency of the mitigation by reliable scientific evidence. The department's determination is an appealable agency action subject to appeal by the owner or operator of the proposed new major source or major modification to the circuit court of the judicial circuit in which the source or modification is located."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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