Public Notification

Clean Air Branch has a web link to their public notices:

http://hawaii.gov/health/about/admin/health/environmental/air/cab/notices/notices_index.html

Here's an excerpt of the Application for the Covered Source Permit (clean air permit):



VII. After receipt of a complete application, the Director, in writing, shall approve, conditionally approve, or deny an application within eighteen months, except as provided in HAR §11-60.1-88 and (A) and (B) below.

A. Upon program approval, within nine months for an application containing an early reduction demonstration pursuant to section 112(i)(5) of the Clean Air Act.

B. Within twelve months for a new covered source or significant modification subject to the requirements of subchapter 7.

VIII. A Covered Source Permit application for a new covered source or a significant modification shall be approved only if the Director determines that the construction or operation of the new covered source or significant modification will be in compliance with all applicable requirements.

IX. The Director shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on the draft Covered Source Permit in accordance with HAR §11-60.1-99. Each notification shall also identify the intent to operate at various locations, and the estimated number of location changes for the proposed term of the Temporary Covered Source Permit.

Triggers for EIS - Office of Environmental Quality Control

§343-5 Applicability and requirements. (a) Except as otherwise provided, an environmental assessment shall be required for actions that:

(1) Propose the use of state or county lands or the use of state or county funds, other than funds to be used for feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or funds to be used for the acquisition of unimproved real property; provided that the agency shall consider environmental factors and available alternatives in its feasibility or planning studies; provided further that an environmental assessment for proposed uses under section [205-2(d)(10)] or [205-4.5(a)(13)] shall only be required pursuant to section 205-5(b);

(2) Propose any use within any land classified as a conservation district by the state land use commission under chapter 205;

(3) Propose any use within a shoreline area as defined in section 205A-41;

(4) Propose any use within any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E;

(5) Propose any use within the Waikiki area of Oahu, the boundaries of which are delineated in the land use ordinance as amended, establishing the "Waikiki Special District";

(6) Propose any amendments to existing county general plans where the amendment would result in designations other than agriculture, conservation, or preservation, except actions proposing any new county general plan or amendments to any existing county general plan initiated by a county;

(7) Propose any reclassification of any land classified as a conservation district by the state land use commission under chapter 205;

(8) Propose the construction of new or the expansion or modification of existing helicopter facilities within the State, that by way of their activities, may affect:

(A) Any land classified as a conservation district by the state land use commission under chapter 205;

(B) A shoreline area as defined in section 205A-41; or

(C) Any historic site as designated in the National Register or Hawaii Register, as provided for in the Historic Preservation Act of 1966, Public Law 89-665, or chapter 6E; or until the statewide historic places inventory is completed, any historic site that is found by a field reconnaissance of the area affected by the helicopter facility and is under consideration for placement on the National Register or the Hawaii Register of Historic Places; and

(9) Propose any:

(A) Wastewater treatment unit, except an individual wastewater system or a wastewater treatment unit serving fewer than fifty single-family dwellings or the equivalent;

(B) Waste-to-energy facility;

(C) Landfill;

(D) Oil refinery; or

(E) Power-generating facility.

(b) Whenever an agency proposes an action in subsection (a), other than feasibility or planning studies for possible future programs or projects that the agency has not approved, adopted, or funded, or other than the use of state or county funds for the acquisition of unimproved real property that is not a specific type of action declared exempt under section 343-6, the agency shall prepare an environmental assessment for such action at the earliest practicable time to determine whether an environmental impact statement shall be required.

(1) For environmental assessments for which a finding of no significant impact is anticipated:

(A) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;

(B) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3;

(C) The agency shall respond in writing to comments received during the review and prepare a final environmental assessment to determine whether an environmental impact statement shall be required;

(D) A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment; and

(E) The agency shall file notice of such determination with the office. When a conflict of interest may exist because the proposing agency and the agency making the determination are the same, the office may review the agency's determination, consult the agency, and advise the agency of potential conflicts, to comply with this section. The office shall publish the final determination for the public's information pursuant to section 343-3.

The draft and final statements, if required, shall be prepared by the agency and submitted to the office. The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3. The agency shall respond in writing to comments received during the review and prepare a final statement.

The office, when requested by the agency, may make a recommendation as to the acceptability of the final statement.

(2) The final authority to accept a final statement shall rest with:

(A) The governor, or the governor's authorized representative, whenever an action proposes the use of state lands or the use of state funds, or whenever a state agency proposes an action within the categories in subsection (a); or

(B) The mayor, or the mayor's authorized representative, of the respective county whenever an action proposes only the use of county lands or county funds.

Acceptance of a required final statement shall be a condition precedent to implementation of the proposed action. Upon acceptance or nonacceptance of the final statement, the governor or mayor, or the governor's or mayor's authorized representative, shall file notice of such determination with the office. The office, in turn, shall publish the determination of acceptance or nonacceptance pursuant to section 343-3.

(c) Whenever an applicant proposes an action specified by subsection (a) that requires approval of an agency and that is not a specific type of action declared exempt under section 343-6, the agency initially receiving and agreeing to process the request for approval shall prepare an environmental assessment of the proposed action at the earliest practicable time to determine whether an environmental impact statement shall be required; provided that, for an action that proposes the establishment of a renewable energy facility, a draft environmental impact statement shall be prepared at the earliest practicable time. The final approving agency for the request for approval is not required to be the accepting authority.

For environmental assessments for which a finding of no significant impact is anticipated:

(1) A draft environmental assessment shall be made available for public review and comment for a period of thirty days;

(2) The office shall inform the public of the availability of the draft environmental assessment for public review and comment pursuant to section 343-3; and

(3) The applicant shall respond in writing to comments received during the review, and the agency shall prepare a final environmental assessment to determine whether an environmental impact statement shall be required. A statement shall be required if the agency finds that the proposed action may have a significant effect on the environment. The agency shall file notice of the agency's determination with the office, which, in turn, shall publish the agency's determination for the public's information pursuant to section 343-3.

The draft and final statements, if required, shall be prepared by the applicant, who shall file these statements with the office.

The draft statement shall be made available for public review and comment through the office for a period of forty-five days. The office shall inform the public of the availability of the draft statement for public review and comment pursuant to section 343-3.

The applicant shall respond in writing to comments received during the review and prepare a final statement. The office, when requested by the applicant or agency, may make a recommendation as to the acceptability of the final statement.

The authority to accept a final statement shall rest with the agency initially receiving and agreeing to process the request for approval. The final decision-making body or approving agency for the request for approval is not required to be the accepting authority. The planning department for the county in which the proposed action will occur shall be a permissible accepting authority for the final statement.

CO2 Carbon Dioxide

Thanks to Patti & Bob Ferrazi for pointing us to greenhouse gas emissions. Check out the box on the right "Coal Plant Lawsuits" and you'll see some interesting rulings about coal plants in other states requiring a permit for co2 emissions. Does anyone know about Hawaii's plans to regulate these emissions? Can someone research?

Air Permit Status

Permit 0229-02-C is a Covered Source Permit, issued by the Clean Air Branch, State Dept of Health, transferred from Hilo Coast Power Company to Pacific Rim Energy Partners LLC on 7/19/2005; again transferred on 11/30/2007 to Ethanol Research Hawaii, LLC; and again transferred on 10/17/08 to Hu Honua LLC. The "covered source" is the Babcock & Wilcox steam boiler and diesel generator. The fuel covered is coal and diesel.

Any modification to the fuel type, including wood chips, requires a modification process with the Clean Air Branch. The process is a technical review against the federal and state emission guidelines. It is not a review of the merits of the project.

Process requires a 30 day public notice period for public comment. Notices are published in Honolulu and east and west Hawaii papers. There is no modification in process at this time. This information was given to me by Nolan Harrari, engineer supervisor on 7/29/08.

Obtaining a copy of the existing permit is underway.

Community Noise Control

Title 11, Chapter 46, Hawaii Administrative Rules

Noise limits are set by the zoning classification, i.e., agricultural has a much higher decibel level limit than residential, which has a lower limit during nighttime.

Noise Control Branch of the state DOH has an inspector for the site who will come with equipment and take measurements from the property of the complaining party, and not from the plant premises.

SMA Permit # 221

Permit restricts fuel to coal or its equivalent. So an amendment to the permit will be needed.

Water Permits- Clean Air Branch, Dept of Health

Joanna Seto, engineer at the Clean Water Branch, phone (808) 586-4309, says that the new plant operator must obtain two national pollution discharge permits (NPDES and ZOM) - see details on this title's link. Once HuHonua submits applications, the Clean Air Branch issues a draft permit and requires HuHonua to issue a public notice. The public can send comments to the Clean Air Branch during the notice period and all comments will be responded to before a final permit is issued.

Noise Abatement

What exactly is being implemented?

Air Permit

Please post your research here. Can we get a copy of the existing air permit? What are the standards it enumerates? What about children's tolerance for these chemicals? Details of who talked to whom, when, discussed?

Solid Waste Permit

Please post your research here. We need to know if a solid waste permit is needed if a plant burns biomass. Please document who talked to whom, when, and what was discussed.