Hawaii Administrative Code

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 (…

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…