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

As used in this chapter, unless otherwise defined for purposes of a particular subchapter or section of this chapter: "µg/m3" means micrograms per cubic meter. "Act" means the Clean Air Act, as amended, 42 United States Code Section 7401, et seq. "Administrative permit amendment"…

(a) The director, at the director's sole discretion or on the petition of any person, may terminate, suspend, reopen, or amend any permit if, after affording the permittee an opportunity for a hearing in accordance with chapter 91, HRS, the director determines that: (1) The permi…

(a) A person may object to the issuance of any proposed covered source permit by petitioning the Administrator pursuant to 40 CFR Section 70.8(d). (b) If the Administrator objects to the proposed covered source permit as a result of a public petition, the director shall not issue…

(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…

Notes Haw. Code R. § 11-60.1-116 R 9/15/01

(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…

Notes Haw. Code R. § 11-60.1-120 R 9/15/01

(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…

Notes Haw. Code R. § 11-60.1-133 R 6/30/2014

Notes Haw. Code R. § 11-60.1-134 R 6/30/2014

Notes Haw. Code R. § 11-60.1-135 R 6/30/2014

Notes Haw. Code R. § 11-60.1-136 R 6/30/2014

Notes Haw. Code R. § 11-60.1-137 R 6/30/2014

Notes Haw. Code R. § 11-60.1-138 R 6/30/2014

Notes Haw. Code R. § 11-60.1-139 R 6/30/2014

(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…

Notes Haw. Code R. § 11-60.1-140 R 6/30/2014

Notes Haw. Code R. § 11-60.1-141 R 6/30/2014

Notes Haw. Code R. § 11-60.1-142 R 6/30/2014

Notes Haw. Code R. § 11-60.1-143 R 6/30/2014

Notes Haw. Code R. § 11-60.1-144 R 6/30/2014

Notes Haw. Code R. § 11-60.1-145 R 6/30/2014

Notes Haw. Code R. § 11-60.1-146 R 6/30/2014

Notes Haw. Code R. § 11-60.1-147 R 6/30/2014

Notes Haw. Code R. § 11-60.1-148 R 6/30/2014

Notes Haw. Code R. § 11-60.1-149 R 6/30/2014

(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…

Notes Haw. Code R. § 11-60.1-150 R 6/30/2014

(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…

Notes Haw. Code R. § 11-60.1-162 R 9/15/01

(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 (…