HAR 11-60.1 — AIR POLLUTION CONTROL (Subchapter 1 to 11)

(a) Every application and issuance of a covered source permit renewal is subject to the same requirements for an initial application of a covered source permit including requirements of section 11-60.1-83. Applications shall be submitted to the director on forms furnished by the …

(a) The director, at the director's sole discretion or upon written request from the owner or operator of a covered source, may issue an administrative permit amendment. (b) Except for a request to consolidate two or more covered source permits into one or to change ownership or …

(a) Every application for a minor modification to a covered source shall be submitted to the director on forms furnished by the director. The applicant shall submit sufficient information to enable the director to make a decision on the application and to determine the fee requir…

(a) Every application for a significant modification to a covered source is subject to the same requirements as for an initial covered source permit application pursuant to § 11-60.1-83 as it pertains to the proposed significant modification. Applications shall be submitted to th…

(a) All sampling and testing shall be made and the results calculated in accordance with the reference methods specified by EPA, or in the absence of an EPA reference method, test procedures approved by the director. All tests shall be made under the direction of persons knowledg…

As used in this subchapter: "Actual emissions" means the actual rate of emissions of a regulated or hazardous air pollutant from a stationary source. Actual emissions for a time period as specified by the director shall equal the average rate in pounds per hour at which the stati…

(a) Every applicant for a covered source permit shall pay an application fee as set forth in section 11-60.1-113. (b) Except as provided in subsection (h) below, every owner or operator of a covered source shall pay an annual fee as set forth in section 11-60.1-114. (c) All appli…

(a) An application fee shall be submitted with the covered source permit application and shall not be refunded or applied to any subsequent application, except for any amount that constitutes an overpayment, as determined by the director. No covered source permit application shal…

(a) Except as specified in subsection 11-60.1-112(h), subsection (b), and below, an annual fee shall be paid in full within the first one-hundred twenty days of each calendar year and a closure fee shall be paid within thirty days after the permanent discontinuance of the covered…

(a) For purposes of calculating annual fees for covered sources under section 11-60.1-114, the covered source actual emissions in tons and CO2e tons per year shall be determined by using the following parameters: (1) Data from continuous emission monitoring (CEMS) or predictive e…

(a) Every applicant for a noncovered source permit shall pay an application fee pursuant to section 11-60.1-118. (b) Except as specified in subsection (e) below, every owner or operator of a noncovered source for which a permit is required under section 11-60.1-62 shall pay an an…

(a) An application fee shall be submitted with the noncovered source permit application and shall not be applied to any subsequent application, except for any amount that constitutes an overpayment, as determined by the director. No noncovered source permit application shall be d…

(a) Except as specified in section 11-60.1-117 (e), an annual fee shall be paid in full within the first sixty days of each calendar year and a closure fee shall be paid within thirty days after the permanent discontinuance of the noncovered source. (b) The director, at the direc…

(a) All required estimates of ambient concentrations shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR Part 51, Appendix W. (b) Where an air quality model specified in 40 CFR Part 51, Appendix W is inappropriate, the model…

(a) Every applicant for an agricultural burning permit shall pay an application fee pursuant to this section. The application fee shall be made payable to the Clean Air Special Fund-NON. (b) An application fee shall be submitted with the application for an agricultural burning pe…

The EPA monitoring requirements of Appendices A, C, D and E to 40 CFR Part 58, "Ambient Air Quality Surveillance," shall be met as a minimum during the operation of any monitoring stations required by the director or this chapter. Notes Haw. Code R. § 11-60.1-13 [Eff 11/26/93; co…

All of the definitions in 40 CFR 52.21(b) as they existed on May 1, 2023 are hereby incorporated by reference. This section incorporates these definitions to support the implementation of 40 CFR Section 52.21, Prevention of Significant Deterioration of Air Quality. Selected defin…

(a) This subchapter incorporates by reference, provisions of 40 CFR Section 52.21, Prevention of Significant Deterioration of Air Quality, as it existed on May 1, 2023 and applies to owners or operators planning to construct a major stationary source or to make a major modificati…

(a) Except as provided in subsection (b), the following information shall be considered government records and as such shall be available for public inspection pursuant to chapter 92F, HRS, unless access is restricted or closed by law: (1) All permit applications; (2) All support…

(a) In the case of shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the director at least twenty-four hours prior to the planned shutdown. The prior notice shall include: (1) Identificatio…

(a) Except for emergencies which result in noncompliance with any technology-based emission limitation pursuant to section 11-60.1-16.5, in the event any emission unit, air pollution control equipment, or related equipment malfunctions or breaks down in such a manner as to cause …

(a) This section applies to an owner or operator subject to a promulgated federal standard of performance for new stationary sources. An owner or operator of an affected facility shall comply with all applicable provisions of 40 CFR Part 60, entitled 'Standards of Performance for…

(a) This section applies to an owner or operator subject to a promulgated federal plan for designated or affected facilities, where the facility is not covered by an EPA approved state plan. "State plan" as used in this subsection means a plan submitted pursuant to section III(d)…

(a) This section is designed to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occurrence of any emergency due to the effects of these contaminants on the public health. (b) Conditions justifying the proclamation of an air …

As used in this subchapter: "Accidental release" means an unanticipated emission of a regulated substance or other extremely hazardous substance into the ambient air from a stationary source. "Affected source" means the stationary source, the group of stationary sources, or the p…

The following are hazardous air pollutants: CAS number Chemical name (1) 75070 Acetaldehyde (2) 60355 Acetamide (3) 75058 Acetonitrile (4) 98862 Acetophenone (5) 53963 2-Acetylaminofluorene (6) 107028 Acrolein (7) 79061 Acrylamide (8) 79107 Acrylic acid (9) 107131 Acrylonitrile (…

The provisions of this subchapter are applicable to any stationary source which emits or has the potential to emit any hazardous air pollutant. Notes Haw. Code R. § 11-60.1-173 [Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §…

(a) This section applies to an owner or operator of a major or area source of hazardous air pollutants that has or will have affected source(s) in a category or subcategory subject to a promulgated MACT emission standard An owner or operator of an affected source shall comply wit…

(a) This section applies to: (1) an owner or operator of a major source of hazardous air pollutants which includes one or more stationary sources that are within a source category or subcategory for which the Administrator has failed to promulgate an applicable emission standard …

(a) Notwithstanding sections 11-60.1-174 and 11-60.1-175, the director may allow an existing source, for which the owner or operator demonstrates that the source has achieved a reduction pursuant to 40 CFR Part 63, Subpart D, to meet an alternative emission limitation reflecting …

The owner or operator of a stationary regulated substance source shall comply with any standard or other requirement concerning accidental releases, including the preparation, submittal, and implementation of a risk management plan pursuant to Section 112(r) of the Act. Notes Haw…

(a) No person shall emit or cause to emit from any stationary source, hazardous air pollutants in such quantities that result in, or contribute to, an ambient air concentration which endangers human health. (b) The director shall not approve any application for a permit required …

(a) Variances and variance applications shall comply with section 342B-14, HRS, except that no variance shall prevent or interfere with the maintenance or attainment of NAAQS. Any application for a variance shall include a calculation and description of any change in emissions an…

(a) This section applies to an owner or operator of a major or area source of hazardous air pollutants that has or will have source (s) that emit designated hazardous air pollutants listed in 40 CFR Part 61 . An owner or operator of a stationary source shall comply with all appli…

Any person who violates any provision of this chapter, any term or condition of a permit, or any term or condition of an agricultural burning permit shall be subject to the penalties and remedies provided for in sections 342B-42, 342B-44, 342B-47, and 342B-48, HRS. Notes Haw. Cod…

The purpose of this subchapter is to create a field citation program that facilitates the effective and expeditious settlement of easily verifiable violations of chapter 342B, HRS, and this chapter, as listed in §11.-60.1-192 (a). The field citation program creates an expedited a…

(a) A field citation is an offer to settle an administrative case. In lieu of issuing a formal notice and finding of violation and order, the director may, at the director's sole discretion, through any authorized employee, issue a field citation by personal service or certified …

(a) To accept the director's offer to settle, the person to whom a field citation was issued must, within twenty days of its issuance, correct the violations, sign the settlement agreement, and deliver the signed agreement with payment of the penalty by check or money order to th…

A field citation issued pursuant to this section shall be in the form prescribed by the department. Notes Haw. Code R. § 11-60.1-194 [Eff and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 2014] (Auth: HRS § 342B-42) Comp 2/8/2024

No person, including any public body, shall engage in any activity which causes air pollution or causes or allows the emission of any regulated or hazardous air pollutant without first securing approval in writing from the director. The written approval from the director shall no…

If any provision of this chapter or its application to any person or circumstance is held invalid, the application of such provision to other persons or circumstances and the remainder of this chapter shall not be affected thereby. Notes Haw. Code R. § 11-60.1-20 [Eff 11/26/93; c…

The purpose of this subchapter is to further implement the goals of Act 234, 2007 Hawaii Session Laws. A statewide greenhouse gas emission (GHG) limit, to be achieved by 2020, is set to equal or below the 1990 statewide greenhouse gas emission levels. Greenhouse gas emissions fro…

As used in this subchapter: "Carbon sink or carbon dioxide sink" means a carbon reservoir that removes a greenhouse gas or a precursor of a greenhouse gas or aerosol from the atmosphere, and is the opposite of a carbon source. The main sinks are the oceans and growing vegetation …

The statewide GHG emission limit to be achieved by 2020, is equal to or below 13.66 million metric tons (or 15.06 million tons) per year of CO2e, based on Hawaii's 1990 GHG emission estimates prepared under Act 234, 2007 Hawaii Session Laws. The GHG limit excludes aviation and in…

(a) This section applies to an owner or operator of a permitted covered source, except for municipal waste combustion operations, with the potential to emit GHG emissions (biogenic plus non-biogenic) equal to or above 100,000 tons per year CO2e. Each owner or operator of an affec…

(a) 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 all draft GHG emission reduction plans from § 11-60.1-204. Any person requesting a public hearing shall do so during the pub…

(a) The applicant and any person who participated in the public comment or hearing process and objects to the grant or denial of a draft GHG emission reduction plan, may petition the department for a contested case hearing by submitting a written request to the director. (b) The …