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

(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…

Any applicant for a noncovered source permit who fails to submit any relevant facts or who has submitted incorrect information in any permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected inform…

(a) A compliance plan shall be submitted with every initial application for a noncovered source, temporary noncovered source, and general noncovered source permit, application for a noncovered source permit renewal, and application for a modification to a noncovered source, and a…

(a) The owner or operator of an existing noncovered source with a permit to operate, issued pursuant to repealed chapter 11-60, shall submit a complete initial noncovered source permit application at least sixty days prior to the expiration of the permit to operate. The owner or …

(a) A noncovered source permit shall not be issued for any term exceeding five years. (b) A noncovered source permit may be renewed for any term not to exceed five years. Notes Haw. Code R. § 11-60.1-67 [Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; comp…

The director shall consider and incorporate the following elements into a noncovered source permit as applicable: (1) Emission limitations and standards, including operational requirements and limitations to assure compliance with all applicable requirements at the time of permit…

(a) An owner or operator of a temporary noncovered source may apply for a temporary noncovered source permit. The owner or operator of the temporary noncovered source shall certify its intention to operate at various locations with the same equipment and similar operational metho…

(a) Except as provided in sections 11-60.1-69 and 11-60.1-91, all noncovered and covered source permits issued pursuant to this chapter shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one piece of equipment to anoth…

(a) The director, at the director's sole discretion may, after providing for public notice, including the method by which a hearing can be requested, and an opportunity for public comment in accordance with section 11-60.1-73, issue a noncovered source general permit for similar …

(a) The director may at any time require the owner or operator of a noncovered source to submit to the Administrator a copy of any noncovered source permit application, including applications for permit renewal and permit amendment reflecting a proposed modification, compliance p…

(a) The director shall reopen and amend a noncovered source permit if the director determines that any one of the following circumstances exist: (1) The director determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emi…

(a) In considering an application for a noncovered source permit, the director shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment for permits that result in a net increase in emissions of any air…

(a) Every application for a noncovered source permit renewal is subject to the same requirements for an initial application of a noncovered source permit including the requirements of section 11-60.1-63, Applications shall be submitted to the director on forms furnished by the di…

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

(a) Every application for a modification to a noncovered 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. Information submitted shall inclu…

Within thirty days of permanent discontinuance of the construction, modification, relocation, or operation of any noncovered or covered source, the discontinuance shall be reported in writing to the director by a responsible official of the source. Notes Haw. Code R. § 11-60.1-8 …

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 covered source (including requirements that have been promulgated …

(a) Except as provided in subsections (d), (e), and (k) and section 11-60.1-87, 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 covered source withou…

(a) Every application for an initial covered 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 and to determine the fee requirements s…

Any applicant for a covered source permit who fails to submit any relevant facts or who has submitted incorrect information in any permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected informati…

(a) A compliance plan shall be submitted with every initial application for a covered source, temporary covered source, and general covered source permit, application for a covered source permit renewal, and application for a significant modification to a covered source, and at s…

(a) A compliance certification shall be submitted with every initial application for a covered source, temporary covered source, and general covered source permit, application for any covered source permit renewal, and application for a significant modification to a covered sourc…

(a) During the transition period, all owners or operators of an existing covered source shall submit to the director a complete initial covered source permit application according to the submission schedule in subsection (f). (b) During the transition period, the owner or operato…