Report Title:

Fugitive Dust

Description:

Authorizes the Director of Health to regulate the discharge of fugitive dust both within and beyond a property lot line.

HOUSE OF REPRESENTATIVES

H.B. NO.

1840

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AIR POLLUTION CONTROL.

 

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

SECTION 1. Section 342B-12, Hawaii Revised Statutes, is amended to read as follows:

"§342B-12 Specific powers of the director. The director may:

(1) Establish ambient air quality standards for the State as a whole or for any part thereof;

(2) Establish and administer any permit program;

(3) Establish by rule the control of open burning, fugitive dust, and visible emissions; provided that rules for fugitive dust shall cover both emissions that pass over a property lot line as well as discharges or releases that pass into other buildings, structures, facilities, installations, or units within the same property lot line, regardless of whether those discharges or emissions enter the ambient air;

(4) Establish by rule the control of vehicular smoke emission and require the installation, use, and proper operation and maintenance of air pollution control equipment for motor vehicles;

(5) Establish and administer a program of inspection and testing of all modes of transportation except aircraft, to enforce compliance with applicable emission limitations when necessary and practicable, and to control or limit the operation of motor vehicular and other modes of transportation when the director finds, pursuant to standards established by rules, that such modes of transportation are producing or pose an immediate danger of producing unacceptable levels of air pollution or when such control is necessary to meet applicable ambient air quality standards;

(6) Establish by rule other specific areas for control of air pollution, thereby allowing for varying conditions;

(7) Establish standards of performance or rules for existing, new, or modified stationary sources or adopt standards of performance for existing, new, or modified stationary sources as promulgated by the administrator;

(8) Establish maximum achievable control technology standards or rules for the control of hazardous air pollutants from existing, new, or modified sources or adopt maximum achievable control technology as promulgated by the administrator;

(9) Establish rules for the prevention of significant deterioration of air quality or adopt prevention of significant deterioration regulations as promulgated by the administrator; and

(10) Establish rules allowing for environmental permit shields."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________