Hawaii Administrative Code

(a) Applicability. The purpose of this section is to provide a procedure by which new innovative technologies in the treatment and disposal of solid wastes will be considered for permitting. (b) Permit requirements. An engineering report providing an extensive justification will …

Notes Haw. Code R. §§ 11-58.1-56 to 11-58.1-60

(a) The aesthetic, nonhazardous, and sanitary storage of solid waste is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or industry where the solid waste is accumulated. (b) Any person not exempted in section 11-58.1…

(a) Owners and operators of solid waste disposal facilities shall implement a program at the facility for detecting and preventing the disposal of regulated hazardous waste as defined in 40 CFR Part 261 or the State of Hawaii's rules or statutes, whichever is more stringent, and …

The management and disposal of infectious waste shall be in accordance with chapter 11-104, Hawaii Administrative Rules. Treated infectious waste which have been rendered non-infectious may be disposed in a municipal solid waste landfill or incinerated. All infectious wastes gene…

Disposal of radioactive waste at all solid waste disposal facilities shall be subject to regulation or control pursuant to the U.S. Nuclear Regulatory Commission, the Hawaii Administrative Rules, and the Hawaii Revised Statutes, whichever is more stringent. Notes Haw. Code R. § 1…

(a) Applicability. The special solid wastes regulated under this subchapter are green wastes, scrap automobiles, white goods, and tires. (b) Green wastes. Solid waste disposal facilities shall have in place by December 31, 1994, a plan to ban or require source separation of green…

Notes Haw. Code R. §§ 11-58.1-66 to 11-58.1-70

Any person who violates any provision of this chapter shall be subject to the penalties and remedies as provided in Hawaii Revised Statutes. Notes Haw. Code R. § 11-58.1-71 [Eff JAN 13 1994] (Auth: HRS §§ 342G-3; 342H-3, 342N-3)

If any provision of this chapter or the application of any provision of this chapter 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. Cod…

The ambient air quality standards of this chapter seek to protect public health and welfare and to prevent the significant deterioration of air quality. Notes Haw. Code R. § 11-59-1 [Eff 11/29/82; comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342B-31; 42 U.S.C.…

As used in this chapter: "Ambient air" means the general outdoor atmosphere to which the public has access. "Reference method" means a method of sampling and analyzing the ambient air which the U.S. Environmental Protection Agency (EPA) specifies as a reference or an equivalent m…

All measurement analyses shall correct results to a reference temperature of twenty-five degrees centigrade and a reference pressure of seven hundred sixty millimeters of mercury. Notes Haw. Code R. § 11-59-3 [Eff 11/29/82; am and comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth:…

(a) The numerical ambient air quality standards below limit the time-averaged concentration of specified pollutants dispersed or suspended in the ambient air of the State, but these standards do not in any manner authorize the significant deterioration of existing air quality in …

No person, as defined in section 342B-1, HRS, shall cause, or allow, or contribute to a violation of any ambient air quality standard set forth in this chapter. Notes Haw. Code R. § 11-59-5 [Eff 11/29/82; am and comp 6/29/92; comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342…

Any person who violates section 11-59-5 is liable for penalties and remedies as provided for in chapter 342, HRS. Notes Haw. Code R. § 11-59-6 [Eff 11/29/82; am and comp 6/2 9/92; am and comp 11/26/93; comp 9/15/01] (Auth: HRS §§ 342B-3, 342B-31; 42 U.S.C. §§7410, 7416; 40 C.F.R.…

If any provision of this chapter, or its application thereof to any persons or circumstances, is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. Notes Haw. Code R. § 11-59-7 [Eff 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