Section 11-53-9 - Modification(a) At the request of the certifying person or at the director's initiative, the director may modify, revoke, or revoke and reissue an issued certification under the following circumstances: (1) Alterations or modifications to the activity or facility that will result in or have the potential to result in significant alteration in the nature or quantity of permitted materials to be stored, processed, discharged, emitted, or disposed of by the owner or operator;(2) The director receives information previously unavailable to the department that shows that the terms and conditions of the certification do not accurately represent the actual circumstances relating to the activity or facility;(3) The State or federal government promulgates a new or amended pollution standard, limitation, or effluent guideline that is applicable to the activity or facility;(4) A court of competent jurisdiction invalidates or modifies a State or federal statute or rule or federal guideline upon which a condition of the certification is based;(5) The director finds that the activity or facility endangers human health or the environment and that a change in the conduct of the activity or operation of the facility would remove the danger to human health or the environment; or(6) The director finds that the applicant falsified information on the application or did not disclose relevant information in the application.(b) The director shall require public notice in a manner consistent with the requirements of section 11-53-5 for any modification, revocation, or revocation and reissuance of an issued certification.(c) A filing fee in accordance with section 11-53-3 (a) (10) is required for all modifications requested by the certifying person.(d) In certification modification proceedings, only those portions of the certification that are proposed to be modified are subject to comment. For the avoidance of doubt, public comments on modifications shall not be construed as and shall not require a reconsideration of the entire certification.(e) At the certifying person's request or at the director's initiative, the director may modify the certification without public notice: (1) To recognize a change in ownership or control of the activity or facility if the director finds that no other change in the certification is necessary and the owner or operator consents;(2) To correct typographical errors; or(3) To change a provision in the certification that will not result in allowing an actual or potential increase in the emission or discharge of a pollutant into the environment, or that will not result in a reduction of the department's ability to monitor the owner's or operator's compliance with applicable statutes and rules.[Eff OCT 22 2021] (Auth: HRS §§ 342D-4, 342D-5, 342D-53) (Imp: HRS §§ 342D-4, 342D-5, 342D-6)