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

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 …

Notes Haw. Code R. § 11-60.1-176 R 9/15/01

(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 …

The director shall approve an application for a noncovered or covered source permit if the applicant can show to the satisfaction of the director that all applicable provisions of this chapter will be complied with, including, as applicable: (1) The maintenance and attainment of …

(a) All owners or operators of an air pollution source are subject to the requirements of this subchapter, whether or not the source is required to obtain a noncovered or covered source permit. (b) In the event any federal or state laws, rules, or regulations are in conflict with…

(a) Visible emission restrictions for stationary sources which commenced construction or were in operation before March 21, 1972, shall be as follows: (1) No person shall cause or permit the emission of visible air pollutants of a density equal to or darker than forty percent opa…

(a) No person shall cause or permit visible fugitive dust to become airborne without taking reasonable precautions. Examples of reasonable precautions are: (1) Use of water or suitable chemicals for control of fugitive dust in the demolition of existing buildings or structures, c…

(a) No person shall operate a gasoline-powered motor vehicle which emits visible smoke while upon streets, roads, or highways. (b) No person shall operate a diesel-powered motor vehicle which emits visible smoke for a period of more than five consecutive seconds while upon street…

(a) No person shall cause or permit the emissions of particulate matter to exceed 0.20 pounds per one hundred pounds (two grams per kilogram) of refuse charged from any incinerator. (b) Compliance with particulate matter emissions requirements shall be determined by evaluating pa…

(a) No person shall cause or permit the emissions of particulate matter from each biomass burning boiler and its drier or driers in excess of 0.40 pounds per one hundred pounds (four grams per kilogram) of biomass as burned. (b) Compliance with particulate matter emissions requir…

(a) No person shall cause or permit the emission of particulate matter in any one hour from any stack or stacks, except for incinerators and biomass fuel burning boilers, in excess of the amount determined by the equation E = 4.10 p0.67, where E = rate of emission in pounds per h…

(a) No person shall burn any fuel containing in excess of two percent sulfur by weight. (b) No person shall burn any fuel containing in excess of 0.50 percent sulfur by weight in any fossil fuel fired power and steam generating unit having a power generating output in excess of t…

(a) Except as provided in subsection (c), no person shall place, store, or hold in any stationary tank, reservoir, or other container of more than a forty thousand-gallon (one hundred fifty thousand-liter) capacity any volatile organic compound which, as stored, has a true vapor …

Every application form, report, compliance plan, or compliance certification submitted pursuant to this chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required pursuant to this cha…

(a) No person shall use any single or multiple compartment volatile organic compound water separator which receives effluent water containing two hundred gallons (seven hundred sixty liters) or more of any volatile organic compound a day from any equipment that is processing, ref…

(a) All pumps and compressors handling volatile organic compounds having a Reid vapor pressure of 1.5 pounds per square inch or greater which can be fitted with mechanical seals shall have mechanical seals or other equipment of equal efficiency for purposes of air pollution contr…

(a) No person shall cause or permit the emissions of gas streams containing volatile organic compounds from a vapor blowdown system unless these gases are burned by smokeless flares, or abated by an equally effective control device as approved by the director, (b) Compliance with…

Permittees shall, at all times, operate and maintain their permitted source, including air pollution control and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing emissions, at a minimum, to the levels required by their permits.…

The director shall incorporate applicable requirements (if not already incorporated) for insignificant activities into the covered source permit as follows: (1) For insignificant activities already identified in a covered source permit application as of the effective date of this…

As used in this subchapter: "Agricultural burning" means the use of open burning in agricultural operations, forest management, or range improvements. "Agricultural operation" means a bona fide agricultural, silvicultural, or aquacultural activity for the purpose of making a prof…

(a) Except as provided in subsections (b), (c), (d), (e) and section 11-60.1-53, no person shall cause, permit, or maintain any open burning. Any open burning is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or ind…

No person engaged in any agricultural operation, forest management, or range improvement shall cause or allow agricultural burning without first obtaining an agricultural burning permit from the director. Any person who fails to comply with the terms and conditions of the permit …

(a) Application for an agricultural burning permit shall be made on forms furnished by the director. The application shall include the following: (1) Business license information or commercial agricultural activity general excise tax license, if applicable; (2) Maps of areas to b…

(a) Except as provided in subsection (f), no person, with or without an agricultural burning permit, shall cause or allow agricultural burning or conditionally allowed open burning from subsection 11-60.1-52(e) when a "no-burn" period has been declared by the director. (b) "No-bu…

Each permittee shall monitor and maintain records in accordance with the agricultural burning permit issued by the director. Notes Haw. Code R. § 11-60.1-56 [Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342…

(a) The director shall act on a complete application within a reasonable time, but not to exceed ninety calendar days from the date the complete application is received, and shall notify the applicant in writing of the approval or denial of the application. If the director has no…

The director shall consider and incorporate the following elements into an agricultural burning permit, as applicable: (1) Notification of appropriate authorities prior to each burn; (2) The type and amount of material allowed to be burned and the time period(s) when burning is a…

(a) Each noncovered or covered source permit, or a copy thereof, shall be maintained at or near the stationary source for which the noncovered or covered source permit was issued and shall be made available for inspection upon the director's request. (b) No person shall willfully…

As used in this subchapter, unless otherwise defined for purposes of a particular section or subsection of this subchapter: "Applicable requirement" means all of the following as they apply to emissions units in a noncovered source: (1) Any NAAQS or state ambient air quality stan…

(a) Except as provided in subsections (d) and (g) and section 11-60.1-66, no person shall burn used or waste oil or begin construction, reconstruction, modification, relocation, or operation of an emission unit or air pollution control equipment of any noncovered source without f…

(a) Every application for an initial noncovered source permit 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. Information submitted shall include…