Ms. Sonia Crow

Regional Administrator

U.S. Environmental Protection AgencyRegion 9

215 Fremont Street

San Francisco, CA 94105

Dear Ms. Crow:

The enclosed Administrative Rules, Title 11, Chapter 60, “Air Pollution Control,” is

submitted for approval as a revision to the State Implementation Plan (SIP) developedpursuant to P.L. 91-604. Approval is requested only on the portions applicable to particulate

matter.

The said Chapter 60 replaces Public Health Regulations, Chapter 43, “Air Pollution

ControL” The primary purpose of the• rule change was to comply with the new format

requirement of Act 216, Session Laws of Hawaii, 1979. However, a few changes were made

to the substance àf the rule as explained in the enclosed “Summary of Changes.” A SIP

revision rule evaluation is also provided.

The adoption of Chapter 60 was in accordance with the State Administrative Procedures Act

which should satisfy your requirements for public hearings as specified in 40 CFR 51.

Should you have any questions, please feel free to contact Mr. Melvin Koizumi, Deputy Director for Environmental Health, at (808) 548—4139.

Sincerely,

CHARLES G. CLARKDirector of Health

Enclosures
3. Summary of Rules: Adoption of new Rule 11-60, repealing old Chapter 43. Rule 11-60 is based on the old Chapter 43, except as noted on “Summary of Changes.”

4. Identify 40 CFR 51 Consistency: Revised rule provides for or includes: (x) see “Summary of Changes” and new formatting of “Air Pollution Control” regulation.

5. Emission (Net) Impact: (x) No change;

(a) §11-60-18, Control of open burning exempting fires for training purposes from the opacity requirement should not result now in any emissions increase since a number of fire fighting training operations have received variances from the opacity requirement which were subsequently approved by EPA as SIP revisions.

(b) §11-60-24, Visible emissions; increasing exemptions by three minutes should not result in any significant increase in emissions since no change hai been proposed in any applicable mass particulate emission limitation.

(e) §11-60-25, Control of motor vehicles; increasing exemptions to operate motor vehicle in stationary position by three minutes were of practical considerations and any net emission increase should be negligible.

6. National Ambient Air Quality Standards (NAAQS) Impact

The forementioned changes should not result in any significant impact on the attainment and maintenance of the NAAQS due to the negligible change in emissions.
1. Definitions of “DepartmenV’ and “Director” are changed for clarity; “duly

authorized agent, etc.” now refers back to the director and not to the

department.

2. Definitions of “existing source” and “new source” are changed to clarify that

“existing source” is any source which commenced construction or operation prior

to March 21, 1972, and not to be misinterpreted as existing prior to the new

effective date of Rule 11—60.

B. §11-60-18 Control of open burning

§ 1 1-60-18(b)(5) continues to exempt fires for training personnel from the open burning requirement; but these fires are no longer subject to the visible emission limitations.

this change was recommended by the Air Advisory Committee.

C. §11—60—24 Visible emissions

1. In §1 1-60-24(a)(2) and (b)(2) allowance for visible emission of 60 percent opacity is increased from three minutes to six minutes in any sixty minutes for specific situations. Three minutes were considered too short to allow fluctuation in

opacity during startups and breakdowns. Furthermore, reference to Ringelmann chart is deleted since opacity is the only method used by the department to read visible emissions.

2. §11—60-24(c) is added to describe the procedure for evaluating opacity readings.

D. §l1—60-25(c)(3)&(4) are two new additions which allow engines to be in operation while the motor vehicle is stationary when loading or unloading of passengers and buildup of

pressure at the start-up of the engines. These additions were recommended by the Air Advisory Committee.

E. Deletions from Rule 11—60

1. Section 2(b) of Chapter 43 is deleted from Rule 11-60 since “Registration for Existing source” is no longer applicable.

2. Section 6 of Chapter 43 is deleted from Rule 11-60 since “Compliance Schedule” is no longer applicable.

3. Throughout Chapter 43, effective dates are specified for individual sections; Rule 11-60 deleted these effective dates since as of this date, the entire Chapter 43 is effective.

Revised 12/82
y 

, 

Chapter 60 of Title 11, Administrative Rules and. the repeal of Chapter 43, Public H1ath Regulations, shall take effect ten days after filing with the Office of the Lieutenant Governor.

CHARLES G. CLARK

Director

Department of Health

Dated: J)ctobpr 2Q, 19R2

APPROVED:çOVERNOR

TATE OF HAWAII

Dated: /7

APPROVED AS TO FORM:

(ep’ty Attorney General

. C) ,7 Filed: Nomhr

Effective Date: rovembe29 9&2 cs

-n

C,

I’.)
§11—60-02 Permit, system, applicability §11—60—03 Permit system, applications §11-60—04 Permit system, conditions for considering applications §11-60—05 Permit systemE action on application §11—60—06 Permit system, performance testing §11-60—07 Permit system, cancellation of authority to construct

§11—60-08 Permit system, suspension or revocation of

- permit to operate , §11-60—09 Permit system, transfer of permit to operate §11—60—10 Permit system, reporting discontinuance or dismantleme’nt -

V §11-60—11 Permit system, posting of permit to operate §11—60—12 Permit system, fees , V , §11-60—13V Permit system, fee schedule for

a permit to operate §11-60—14 Permit system, period of permit V §11-60—15 Sampling., testing, and reporting methods §11—60—16 Malfunction of equipmentreporting

§11—60—17 Prohibition ofairpollution §11—60-18 Control ‘. V.2 of open burning V

V §11-60-19 Agricultural burning, permit requirement V §11—60—20 Agricultural burning, applications V

• . §11—60—21 Agriculturalburning, “no-burn days V VV, §11-60—22 Agricultural

V burning, record keeping and ‘ V

• V monitoring . •‘ V ‘

- V -

V•

V

- V §11—60-23 Agricultural burning, action on application §11—60—24 Visible emissions V ‘• V

§11—60—25 Control of motor vehicles VS11_60_26 Fugitive dust §11—60—27 Incineration ‘ V

§11—60—28 Bagasse—burning boilers §11—60—29 Process industries V

-. 1l—60—30 Sulfur oxides from fuel combustion §11-60-31 Storage of volatile organic compounds §11-60-32 Volatile organic compound water separation §11—60-33 Pumps and compressors §11—60—34 Waste gas disposal §11—60—35 PreventiOn of air pollution emergency episodes
.

..

5ll-60-1’Defiitions.’ “Agricultural As used in this chapter:

• used in agriculturalburning” means open outdoor fires operations, in the growing of

• crops,or raising of fowls or animals, forest management, or range

V improvement.. “ .

• “Air pollutant” .• other particulate matter’, means dust, fumes, mist, smoke, or any combination vapor, gas, odorous substances, thereof. . V •

V “Air pollution” means

V

atmosphere of one ormore. the presence in the outdoor. air pollutants quantities and in such V duration as is

or tends to be injurious V to human health

V

or welfare, animal or plant life, or . V

•

property.

property or interferes with the enjoyment of life or V

V

.

V V

“Department”

“Ambient air”

means

means the general outdoor atmosphere. the, department the State of Hawaii. of. health. of

‘

‘ . •

.. V

.

V

State

“Director”

of Hawaii

means

orhis

the director of. health of the

or inspector. V

V

duly authorized agent, officer, .

“Effluent water

V separator” means any tank, box,. •, V sump, or other container compounds floating in which any volatile organic’. on or entraiñed.or water cori.tained.in V

is physically entering such tank, box, sump, or other container prior to outfall, separated and remOved from such water V “Emission” means drainage, or recovery of.such water. air pollutants into the act of releasing,or discharging the ambient air frott any source.. “Existing source” means

. V

V which commenced any stationary source construction to- March 21, 1972. or was ‘in operation prior

V V

V “Fuel—burning equipment”

‘

boiler, means any furnace, apparatus, stack, and all appurtenances thereto, used in the process of burning

V fuel for the primary V purpose

transfer.

of producing heat or power by indirect heat

• V

solid“Fugitive airborne particulate dust” means uncontrolled emission of other matter from any source than combustion.

60—2
r March 21, 1972. “Odors” means smells or aromas which are unpleasant

upst

to persons, or which interfere with sleep, appetite, produce irritation of the upper respiratory tract,or inherent ceate symptoms of nausea, or which by their chemical or physical nature, or method of process ing, are or may be detrimental or dangerous to health. “Opacity” means-a state which renders material

obstruction

partially or wholly impervious to rays of light and causes of an observer’s view.a manner

“Open burning” means the burning of any matter in such

burning are

that -the products of combustion resulting from the

• passing

emitted directly into -the ambient air without through an adequate stack or flare.

- “Particulate matter”- means any material-, except water -

-

as

in uncombined

a

forrn, that is or has been airborne and exists liquid or a- solid at standard conditions.

V -

V -“Person” means an individual, corporation, partnership, firm, association, trust, estate,- public or private

V

institution,

state, group, agency, political subdivision of this

V thereofanyor other state or political subdivision or agency any legal successor, representative,

V

- or

-

agency of the foregoing.

V V

-

-.

- V “Ringelmann chart” means the chart published and V described

83

in the U.S. Bureau of Nines Information Circular

-. - -

-

• V V

carbonaceous

“Smoke”

materials

means the gaseous products of burning - inae visible by the presence of -

• V

V small particles of- carbon. -

properties “Soiling index” means measure of the soiling of suspended particles in air determined by V drawing

a measured volume- of air through

a known area V

• • oftime, Whatman expressed No.

4 filter paper for

a measured period of as COH’s/l,OOO linear feet, or equivalent. V

emits

“Source”

or may

means ahy property, real or personal, which emit any air pollutant. -

arranged

“Stack” means any chimney, flue, conduit, or duct to conduct emissions to the ambient air. “Standard stack conditions” means

a dry gas

of

temperature

14.7

of 70 degrees fahrenheit and

a gas pressure pounds per square inch absolute (21.1 degrees c, V 760 mm Hg.). - -

60—3
g

p

s

. xneans any gasoline, -

petroleum, or any petrolewn. distillate containing carbon and hydrogen or carbon and hydrogen in combination -

V

with any other element which has

a vapor pressure of • V

V 1.5 pounds per square inch absolute or greater under V actual storage conditions.. [Eff.: N0V2 91982”) V•

V (Auth: HRS §342—3, 342—22; 42- U.S.C. §7407, 7410, 7416; V .:

V -40 C.F.R. Parts 50, .51) (Imp: HRS §342—3, 342—22; V•

• 42 U.S..C §7407, 7410, 7416; 40 50,

V• ..

§11—60—2 ?ermit system, applicab.ility. (a) No

V person shall cause or V ,permit the construction or -

.• irtodi.fication of any new source, te use of which may

V

•V cause the issuance of air pollutants or th&-use of • •.-

• which may e1irninate reduce, or control the issuance •• V

V of air pollutants without first obtaining authorization •• •• V

• for such construction or modification from the director. The tht is for construction or modification

• f

VV&perateis

only and shall remain in effect until the permit to granted or denied. V

V

(b) No person shall cause or permit the operation • •. -

• V

V : of any new sourcewithout first obtaining

a permit to operate from the director. Authorization to continue. •

V •

operating any new source shall continue oily as long • as the permit V to operate is in effect.

V () An authority to construct or permit to - :-. V Vf

- V

• operate shall not be required for the following:

* - V V

V (1) The installation or altering of an air -

V V -

V - pollutant detector, air pollutant recOrder, •

V controller,, or combustion shut— V

V •

•.• .

V - (2) - Air conditioning or ventilating systems not - VV

. ••V V

V

• .

• designed to remove air pollutants generated .- - V

-

by or released from equipment..

V •

•

V

(3) Fuel burning equipraent,- other than smOke house generators, which is used in

a private V - •

- dwelling; or has

a BTU gross

inputrateof

V

less than 500,000 BTTJ per hour; or is used V

•

forspace heating, other than boilers and hot air furnaces. V - •

• V

- • •

V. • -

60—4 V

V

-
, 

ynthetic, or liquified petroleum gas. (5) obi1e internal combustion engines.

- (6) Laboratory equipment used exclusively for chemical or physical analyses. (7) Ocean—going vessels. . (8) Other

by the

sources of minor significance as specified director.

exempt

(d)

an

Issuance

person

of

a permit to operate shall .not

prosecution for violations owning or operating

a source from

reguiations. of applicable rules and 342—22; [Eff.Nov..29, 1982) (Auth: HRS342—3,

50, 51)

42

(Imp:

U.S.C.. §7407, 7410, 7416; 40 C.F.R. Parts

U.S.C. §57407, HRS §342—3, 342—4, 342—22, 342—23; 42. 7410, 7416; 40 C.F.R. Parts 50, 51)

511—60—3 Perrit ystem, applications. Application (a) bperate as required for authority to construct.and permit to by §11-60-2(a) made by the applicthit and (b) shall be director on forms 1urnihed by the

•complte data,

and shall be accompanied by two copies of

specifications,siting information, plan descriptions,

necessary drawings, and other detailed information. will be operated to determine in what manner the new source and controlled.

applicant

(b) Each

and application shall be sig-ned by the shall constitute an agreement applicant will that the assume responsibility or modification for the construction and operation of the equipment accordance with in these rules and regulations.

- (a) If the applicant other than

a

is

a partnership or group corporation, the application-shall made by one individual be If the applicant who is a. member of the group. is

a corporation, shall be made the application

general managerby an officer of the corporation or- of

a facility. (Auth: HRS §S342—3, [Eff.Nov. 29, 1982 3 7416; 40 C.F.R. Parts342—22; 42 U.S.C. §57407, 7410, 342—4, 342—22, 50, 51) (Imp: ERS 55342—3, 40 C.F.R. Parts 342—23; 50, 42 U.S.C. 557407, 7410, 7416; 51)

60—5
. cable, control technology so as to reduce emissions to

a minimum. ‘ ‘

• • (2) The new source is designed and will be con— structedor.tnodified to operate.without

- causing

a violation of applicable rules and fegulations. .. ....‘ “‘

• (3) The new source will not endanger the maintenance • •

. •..

•:..• or attainment of applicable abient air quality standards. .• . . .

• . . (4) Issuanceof the authority to contruct dr •

• the permit to operate is in the public •

. intereSt’ as defined by ‘S3426, URS. - If in

•

•. . the opinion of the director, the application

-.for authority to construct adequately addresses

• •

• the public interest, then the application for

a permit to operate may simply refer to • .• •

•

‘• the pertinent section of the application for authority to construct. . ‘

• (b) Beforá granting an approval for authority

o

construct or permit to operate, the director may: • • (1) Require the applicantto provide such facilities

as are necessary for sampling and testing to

• •- •

-. :. .,.determine the . air. pollutants discharged into • .

•.the- atmosphere. . These sampling and testing .

S

•,acilities-may consist of the following: f-’ (A) Sampling ports of

a size, number, and 1ocaton as specified by the director. • :. • -:-:- (B) Safe- access to each port. • •..

• :.‘ ••.

(C) Instrumentation for monitoring and. -

- - recording emission data.. -

(2) Specify ,conditions which will bring the “. . -

•

•:- operation of any new source described in the •application within the conditions of §11—60— ‘4(a). . • •- • “- • ••• •• ••

(c)- In acting upon an application for authority to construct or permit to: operate, the director may deny an application if the information, submitted shows that the new source described in the application cannot conditionally or otherwise meet the conditions of §11—60—4(a). • •

• 60—6
§11—60-5 erniit system, action on application. (a) The director may request additional information from the applicant.

(b) The, director shall act within

a reasonable.

•

.• time, but not to exceed 180 ‘days, on an application and shall notify the applicant in writing of his approval, conditional approval, or denial of the

• application. • .

Cc) If an application is conditionally approved. or denied., the ‘director shall set forth his reasons •

• for conditional approval or denial in the written notice to the applicant. : .

• Cd) The applicant may submit answers and commtents, in duplicate, to the director’s response to the appli cation.’

(e) The direchor will consider the applicant’s answers and comments and shall notify the applicant in writing ofhis final approval or denial of the appli—

• cation. •

•(f) If the director issues to the applicant

a

• conditional approval of the application, commencing work under such an authority tQ construct or operating • • under such ‘a permit, to operate shall be deemed acceptance

. by the applicant of al the conditions so specified.

• (g) If the director issues to the applicant

a ‘final denial of’ the application, the director shall not give further consideration until

a new application is submitted by the, applicant. [Eff. Nov. 29, 1982 (Auth: I’IRS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS §5342—3, 342—4, 342—22, 342—23; 42 tLS.C. 557407, 7410, 7416; 40 C.F.R. Parts 50, 51)

§11-60-6 e’rnd’ systent,’ p’erfo’rrnanc testing. If required by the director, the applicant shall conduct performance tests in order to determine compliance with applicable rules and regulations in accordance’ with test methods as specified by the director with the tests being made at the expense of the applicant..

60—7
to àonstruct. 1a) The director may cancel an authority to construct if the construction or modi

fication is not begun within one year from the date ofissuance, or if the work involved in the con

struction or modification is. suspended. -for one year

or more. . . .:

the (b) An app1iant may request an extension of• - cancellation date by writing to the director and

• stating reasons for the request. Extensions may be granted for

a period of not more than six months

after the cancellation date. [Eff.Nov. 29, 192] (Auth: IIRS §342—3, 342—22; 42U..S.C. §7407, 7410, - 7416; 40 C.F.P.. Parts 50, 51) (Imp: HRS §S342—3, 3424,34222,.342’23; 42 U.S.C. §S7407, 7410, 7416; 40 C.F.R. Parts 50, 51)

-.. li—.0-8 Perriit sySte .sus:pensi or revocation

of perm to operate. Any violations of this chapter shall be cause for the director to suspend or revoke

a permit to operate. Suspension or revocation of

a permitto operate .shall become final 10 days after servicéof notice on the holder of the permit.

A

permit to operate which has been revoked shall be

surrendered forthwith.to the director and all fees - paid oz dues shall be forfeited. [Eff. Nov. 29, .1982] -:

- (Auth: - HRS §342—3, 342—22; 42 U.S.C. §74O7, 7410, .. .. - .7416; 40 C.F.R. Parts 50, 51) (Imp: ERS §342—3, - 342—4, 342—22, 342—23; 42 U.S.C. §7407, -7410, 7416; 40 C.F.R. Parts 50,51) - .

§11—60—9 Pertiit systerr; trnfeof priti’t to operate.

A permit to operate shall not be transferable, whether by operation of law or otherwise, either from one location to another, from one piece of equipment to another, or from one person to another. [Eff.Nov. 29, 1982) (Aüth: liRS §342—3, 342—22; 42 U.S.C. §7407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS §342—3, 342—4, 342—22, 342—23, 42 U.S.C. §S7407, 7410, 7416; 40 C.F.R. Parts 50, 51)

60—8
U.S.C. §7407, 7410, 7416; 40 C.F..R. Parts 50, 51) (Imp: HRS §342—3, 342—4, 342—22, 342—23; 42 U.S.C..

§7407, 7410, 7416; 40 C.F.R. Parts 50, 51) -

§11—60--li erit system, posting of permit to operate. (a) Upon granting an approval for

a permit to operate, the diector shall issue to the applicant

a certificate referred to as permit to operate which shall be posted in

a conspicuous place at or near the article, machine, equipment, or other contrivance for which the permit was issued.

(b)

A person shall not wilfully deface, alter,

• • : forge, counterfeit, or falsify

a permit to operate. [Eff. Nov. 29, 1982] (Auth: ERS §342—3, 342—22; 42 U.S.C. §7407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS §5342—3, 342—4, 342—22, 342—23; 42 U.S.C.. §57407, 7410, 7416; 40 CF.R. Parts 50, 51) . -

§11—60—12 Perit system fees. (a) Every applicant for an authority to .contruct and

a permit to operate shall pay

a filing fee of $2.0. This filing fee shall be submitted with the application and shall not be

• refunded nor applied to any subsequent application following final action of cancellation or denial of an

• application. • :

(b) Every applicant who files an application with the director for ‘a permitto operate shall pay, in addition to the filing fee, an amount prescribed by the applicable fee schedule. If more than one fee schedule is applicable, then the governing schedule shall be that which results in the higher prescribed fee. (c) Where an application is filed for

a permit to operate. any new source by reason of an alteratjon or addition and where

a permit to operate had preious1y been granted for such equipment, the applicant shall be assessed

a fee based upon the increase in rating using the applicable fee schedule. Where there is

a decrease in such rating, the applicant shall pay only the amount of the filing fee.

60—9
• another permanent location, and no alteration, addition, or transfer of person has been made, the applicant.

•

•shall pay only

a $20.00 filing fee which. shall be

. submitted.with the application. .

• (f)

A request for

a duplicate permit to operate shall be made in writing to• the director within 10

• V V days after the destruction, loss, or defacement of

a permit to operate.

A fee of $1.00 shall be charged and sübmitted withthe request. - : . . (g) Any federal, state, or county government

• : àribed

agency

herein.

shall be exempt from paying all fees as pres—

. . .

•.

hereinare

(h) Except where noted, all fees as prescribed V payable within 30 days after issuance of V

V notice by the dI±ector of approval or conditional. V

• V approval of an application for

a permit to operate. •

V

• VV

• V

Ionpayiaent of the fee within this peiod shall result V

V V

• . in automatic cancellation of the application. V•

V V

V (i) Fees shall be made payable to the State of V

• flawaii. tEffN0V. 29,1982) (Auth: HRS §5342—3, V V

• 342—22; 42 U.S.C. 557407, 7410, 7416; 40 C.F.R. V

V Parts 50, 51) (Imp: -HRS §5342—3, 342—4,342—22, V

V

V

V

5V

• 342—231 42 U.S.C. 557407, 7410, 7416; 40C.F.R. “.... Parts 50, 51) • .... •.. . -

:.

-•

•..:.. •.

:--

511—60—13 Permit system, fee schedule for

a • V •V

V pernit to pe’rate. V (a) Electric motor horsepower schedule. Any new source where .afl electric motor is

V used as the power supply shall be assessed

a permit fee based V the total rated motor horsepower of all • •

V electric motors.included V in the new source, in: • •

V accordance with the following schedule: . .

V

• HorSeower . . • . VS Fee

V (1) Up to and including 10 $20.00 V

V V

V (2) Greater than 10 but less V

.. -

V

: t.1i.ax. 100 . . . . 30.00 V. —

• (3) Equal to or greater than 100..... 40.00

which

(b) Electric energy schedule. Any new source uses electrical energy, with the exception of -

•

on

electric

the

motors, shall be assessed

a permit fee based total kilovolt ampere (KVA) ratings, in. accordance with the following schedule: V

60—10
BTU per hour, using gross heating values of the fuel,

in accordance wIth the following schedule:

• 1,0 00 BTU per hdur Fee

(1) Up to arid including 500 $20.cYO

(2) Greater than 500 but less

than 2,000

-30.00

(3) Equal to or greater than 2,000... 40.00

(d) Incinerator schedule. Any new incinerator

source shall be assessed

a permit fee based upon the

maxirnuir horizontal cross sectional area, in square feet,

of the primary combustion chamber, in accordance withthe following schedule:

Area. sqiiar feet Fee

I].) Up to and including 10 $20.00

(2) Greater than 10 but less

than 20 30.00

(3) Equal to or greater than 20 40.00

(e)- Stationary container schedule. Any flew

stationary tank, reservoir, or other container

source shall be assessed

a permit fee based on the

capacity in gallons, in accordance with the following

schedule:

Gallons Fee

(1) Up to and including 40,000 $20.00

(2) Greater than 40,000 but less

than400,000 30.00

(3) Equal to or greater than

400,000 40.00

(f) Miscellaneous schedule. Any new source which

is not included in the preceding schedule shall be

assessed

a fee of $20.00 for each permit granted.

[Eff. Nov. 29, 1982) (Auth: HRS §342—3, 342—22; 42

U.S.C. §7407, 7410, 7416; 40 C.F.R. Parts 50, 51)

(Imp: HRS 5342—3, 342—4, 342—22, 342—23; 42 U.S.C.

§7407, 7410, 7416; 40 C.F.R. Parts 50, 51) - §11-60—14 Permit system, perid of permit. Anauthority to construct or permit to operate shall be

issued for any term not to eceed five years, if the

director determines that such will be in the public

interest. The director, on application, may renew

a

60—11
p

g

• methods. (a) All sampling and testing shall be made and the results calculated in accordance with test procedures approved by the director. All tests shall be made under the direction of persons knowledgeable in the field, of air pollution control. (b) The department may conduct tests of emissions of air pollutants f.rom any source. Upon request of the director, the person responsible for the source to be tested shall provide necessary ports in stacks or ducts and such Other safe and proper sampling and testing facilities, exclusive of instruments and. sensing devices, as may -be necessary for proper determination of the emissions of air pollutants. (c) Reporting -

(1) The owner or operator of any stationary source in the State of Hawaii shall, upon • notification from the director maintain

• records of the nature and amounts of emissions from such source and any other information

- as may be deemed necessary by the director to determine whether such source is in

• compliance with applicable emissions limitations

or other requirements. . V (2) The information recorded shall be summarized

•

and reported to the director, on forms

-

- furnished by the director, and shall be V submitted within 45 days after the end of

V . the reporting period. Reporting periods V

V are January 1 - June 30 and July 1 - December 31,

- except that the initial reporting period shall corrence on the date the director issues notification of the record-keeping requirements.

(3) Information recorded by the owner or operatàr

and copies of the surnniarizing reports- submitted to the director shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted. . (4) V Emission data obtained from owners or operators .of stationary sources pursuant to 5342—22, HRS, will be correlated with applicable emission limitations and other

60—12 V
(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 direätor at least twenty—four hours prior to the planned shutdown. Such prior notice shall include, but is not limited to, the following:

(1) Identification of the specific facility to be taken out of service as well as its

location and permit number.

(2) The. expected length of time that the air

pollution control equipment will be out of service.

(3) The nature and quantity of emissions of air

pollutants likely to be emitted during the shutdown period.

(4) Measures such as the use of off—shift labor

and equipment that will be taken to minimize

the length of the shutdown period. (5) The reasons that it would be impossible

o

impractical to shut down the source operation. during the maintenance period. (b) In the event that any emission source, air pollution control equipment, or related facility breaks down in such

a manner as to cause the emission

of air pollutants in violation of applicable rules and regulations, the person responsible for such equipment shall immediately notify the director of such failure or breakdown and provide

a statement giving all pertinent facts, including the estimated duration of the breakdown. The director shall be notified when the condition causing the failure or breakdown has been corrected and the equipment is again in operation. [Eff.Nov. 29, 1982] (Auth: UPS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51)

§11-60—17 ?rohibitIon of air pollution. No

person shall permit or cause air pollution as defined in §11—60—1 of this chapter. [Eff.Nov. 29, 1982] (Auth: HRS §5342—3, 342—22; 42 U.S.C. 557407, 7410, 7416; 40 C.F.R. Parts 50., 51) (Imp: URS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. .Parts 50, 51)

60—13
ving jurisdiction.

(4) Fires for prevention or control of disease

or pests.

(5) Fires for training personnel in the methods

• -of fighting fires.

(6) Fires for the disposal of dangerous materials, where there is no alternate method of

• disposal and burning is approved in advance by the director.

(7) Fires for the burning of leaves, grass, weeds, wood. paper, and similar, materials

on one’s on premises, not exceeding four family units arid 25 pounds per day, per

• unit, provided such burning is not within

• 50 feet of any habitable building, is attended or supervised by an adult person and is completed within daylight hours (9 a.xn. to ‘6 p.m.) and provided further that such burning shall not be in violation.

of the regulations of other’ fire control

agencies. This exception shall not apply to the City and County of Honolulu after

June 1, 1973. -

(8) Fires for residential bathing purposes. [Eff. Nov. 29 1982] (Auth: HRS §S342—3, 342—4, 342—6, 342—22; 42 U.S.C. §57407, 7410 7416; 40 C.F.R. Parts 50, 51) (Imp: ERS §5342—3, 342—4, 342—6, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51)

§11—60—19 AgrIciil’tural burning, permit require ment. No person shall cause or permit agricultural burning unless

a permit has been applied for and obtained from the director, provided that this permit is valid only if the conditions specified in the- permit are compiled with, that the permit is not valid on “no—burn” days and provided further that no permit’ shall be, granted for the open burning of trash and other wastes that have been handled or processed by factory operations. [Eff.NOv 29,1982) (Auth: HRS §5342—3, 342—4, 342—6, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS

60—14
burned showing fields by appropriate numbers and

acreage, direction of prevailing winds, location of

residential, school, cormiercial establishments, public

buildings, and airports, the designation of fields to

be burned under specified wind conditions and alternate

means of disposal of crops and any other information

that the director may specify.

(b) Each application shall be signed by the

applicant and shall constitute an agreement that the

applicant will assume responsibility for the open agricultural burning in accordance with these rules and

regulations. [Eff.Nov. 29 1982] (Auth: HRS §5342—3,

342—4, 342—6, 342—22; 42 U.S.C. §57407, 7410,7416; 40

C.F.R. Parts 50, .51) (Imp: HRS §5342—3, 342—4, 342—6, • •342—22; 42 U.S.C. §57407, 7410, 7416; 40C.F.R. Parts 50,

• 51)

§11—60-21 Agricultural I “no-burn days. (a) Agricultural burning shall be prohibited under the following, conditions:

(1) On any island when meteorological conditions

have resulted in widespread haze on that

island and where the national weather service

predicts

a continuation or deterioration of

existing meteorological conditions for the

next 24 hours.

For the purposes of this section, wide

spread haze shall be considered to exist when

all visible ridges within 5 to 10 miles have

a “smoky” or bluish appearance and colors are subdued. Ridges beyond 10 miles that are

visible have

a blurred appearance.

(2) On the island of Oahu either when the condition

specified in §11—60—21 (a) (1) occurs or when

meteorological conditions have resulted in

a

rise of carbon monoxide level exceeding

5 mg/rn 3 for an 8—hour average or particulate

matter level exceeding 100 ug/m 3 for 24 hours

and where the national weather service predicts

a continuation or deterioriation of existing meteorological conditions for the next 24

hours.

60—15
§11—60—22 Agic1traI buing record keeing

and noriitoring. (a) Each permittee shall maintain a

record of conditions existing at the time of each burnto include the location and idehtification of burn

area, size of area, date and time of day, prevailing

wind direction and speed, rainfall in preceding 24

hours, type of material, and any other pertinent dataas required by the director.

(b) In recording meteorological data required by

§11—60—22(a), the permittee may use national weatherservice data or, on his own motion, conduct monitoring

of conditions provided that instruments used have been

approved by the director. [Eff. Nov. 29, 198 (Auth:

HRS §5342—3, 342—4, 342—6, 342—22; 42 U.S.C. §57407,

7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: ERS §5342—3,

342—4, 342—6, 342—22; 42 U.S.C. §57407, 7410, 7416; 40

C.F.R. Parts 50, 51)

§11—60—23 Agricultural burning, action on appli—

cation.. (a) The director shall act on an application

within a reasonable time, but not to exceed 90 calendar

days from the date the application is received and

shall notify the applicant in writing of its approval

or denial of the application. If the director has

no acted within the 90—calendar day period, the

application shall be deemed to have been approved,

provided that the director may request additional

information from the applicant and the 90—calendar

day period shall commence on the day the supplementary

information is received.

(b) All applications shall be submitted to the

Department of Health, 1250 Punchbowl Street, Honolulu,

HI 96813. - (c) If an application is denied, the applicant

may request a hearing in accordance with chapter 91,

ERS.

(d) The permit may be granted for a period of up

to one year from the date of approval.

60—16
of

a national ambient air quality standa

d 

interfered with, or that such is in the public

interest. V

(f) The permit ha11 not be transferable, whether

by operation of law or otherwise or from one person to

another. V

(g) Fees.

(1) Every applicant for

a permit shall pay

a

filing fee according to the following schedule: V (A) Up to and including 10 acres - $5.00

(B) 10 to 100 acres $20.00 V (C) Greater than 100 acres

— $50.00 V The acreage will be the total acreage V designated to be burned as specified in the

permit.

(2) This filing fee shall be submitted with the

application and shall not he refunded or

applied to any subsequent application.

(3) Fees shall be made payable to the State of

Hawaii. V

(4) Exemptions. .ny federal., state, or county

gokrernment agency shall be exempt from paying

all fees as prescribed herein..

[Eff. Nov. 29, 1982) (Auth: HRS §342—3, 342—4, 342—6,

342—22; 42 U.S.C. §7407, 7410, 7416; 40 C.F.R. V Parts 50,

51) (Imp: HRS §342—3, 342—4, 342—6, 342—22; 42 U.S.C. §S7407, 7410, 7416; 40C.F.R. Parts 50, 51) V

§11—60—24 V Vis’ibie emissions. (a) Visible emission

restrictions for existing stationary sources.

(1) No person shall cause or permit the emission

of visible air pollutants of

a density eciual

to or darker than 40 percent opacity, except

as provided in §11—60—24 (a) (2).

(2)

A person my discharge into the atmosphere

from any single source of emission,, for

a

period aggregating not more than six minutes

in any sixty minutes, air pollutants of

a

density not darker than 60 percent opacity V when building

a new fire or when breakdown of

equipment occurs.

60—17 V
gg

g

g 

ore than six minutes in any sixty minutes, air pollutants of

a

density not darker than 60 percent opacity when bui1din a- new fire or when breakdown of

equipment occurs.

(c) Cornpliance shall be determined by procedures for evaluating actual.opacity readings as described in “Guidelines for Evaluation of Visible Emission” (EPA Document No. EPA—340/i—75—007, April 1975). (d) Exceptions for uncoinbined water. The provisions of §11—60—24(a) and (b) shall not apply to any emission which, except for the presence of uncornbined water, such as condensed water vapor, would not be in violation of such provisions. [Eff. Nov 29, 1932] (Auth: HRS §5342—3,. 342—22; 42 U.S.C. §57407,. 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: ERS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R.. Parts 50, 51)

§11-60-25. Control of motor vehicles. (a) No gasoline—powered motor vehicle shall be operated which emits visible smoke while moving upon streets, roads, and highways.

(b) No diesel—powered motor vehicle shall be operated which emits visible smoke for

a period of more than five consecutive seconds while upon streets, roads, and highways. -

(c) No person shall cause, suffer, or allow to keep any engine in operation while the motor vehicle is stationary at.a loading zone, parking, or servicing area, route terminal,or other off—street areas, except:

(1) During adjustment or repairing of such engine at

a garage or similar place of repair. (2) During operation of ready—mix trucks,- cranes, hoists, and certain bulk carriers, or other auxiliary equipment built onto the vehicle or equipment that require power take-off from the engine, provided that there is not visible discharge of smoke and the equipment is being used and operated for tie purposes as originally designed and intended. This exception does not apply to operations of air conditioning equipnent or systems.

60—18 -
the air pollution control system or mechanism of

a motor

vehicle, as required pursuant to the provisions of the

federal Clean Air Act, as arnende&, except as permitted

or authorized by law. [Eff.Nov. 29 1982) (Auth: HRS

§5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416; 40 C..F.R.

Parts 50, 51) (Imp: HRS §5342—3, 342—22; 42 U.S.C.

§57407, 7410, 7416;. 40 C.F.R. Parts 50, 51)

§11-60—26 Fugitive dust. (a) No person shall

cause or permit any materials to be handled, transported,

or stored; or

a building, its appurtenances, or

a road

to be constructed, altered, repaired, or demolished

without taking reasonable precautions, as approved by

the’ director, - to prevent particulate matter from becoming

airborne. Examples of some reasonable precautions are:

(1) Use, where possible, of water or chemicals for

control of dust in the demoliion of existing

buildings or structures, construction operations,

the grading of roads, or the clearing of land;

(2) Application of asphalt, oil, water, or suitable

chemicals on roads, materials stockpiles, and

other surfaces which can give rise to airborne

dusts;

(3) Installation and use of hoods, fans, and fabric

filters to enclose and vent the handling of

dusty materials. Adequate containment methods

shall be employed during sandblasting or other

similar operations; -

(4) Covering, at all times when in motion, open—bodied

trucks transporting materials likely to give rise

to airborne dusts;

(5) Conduct of agricultural practices such as

tilling of land, application of fertilizers,

etc., in such manner. as to minimize airborne

dust;

(6) The paving of roadways and their maintenance

in

a clean condition; and

(7) The prompt removal of earth or other material

from paved streets onto which earth or other

material has been transported by trucking or

earth moving equipment, erosion by water, or

other means.

60—19
(2) Cause or permit to be emitted into the.

atmosphere any dust from any source in such a

manner that the ground level concentrations

• at-a point selected by the department exceeds:

• (A) 150 mIcrograms per cubic meter above

upwind concentrations. Samples shall be

obtained by using a high volume air

sampler or other, equivalent method for a

12—hour period; or,

(B) A fallout of 3.0 grams of dust per

square meter abàve, upwind concentrations

• for any 14—day period. Dustfall samples

shall be obtained by using fallout jars

of 8 inches In diameter and 12 inches in

depth or any larger jars of equivalent

proportions. [Eff. Nov. 29, 1982]

(Auth: HRS §5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416;

40 C.F.R. Parts 50, 51) (Imp: HRS §5342—3, 342—22;

42 U.S.C. §57407, 7410, 7416; 40 C.FR. Parts 50, 51)

§11—60-27 ncineration. (a) No person shall

cause or permit the emission from any incinerator of

particulate matter to exceed 0.20 pounds per 100 pounds

(2gm/kg.) of refuse charged

• (b) Emission tests shall be conducted at maximum

burning capacity of the incinerator.

(c) The burning capacity of an incinerator shall

be the manufacturer’s or designer’s guaranteed maximum

rate or such other rate as may be determined by thedirector iii accordance with good engineering practices.

In cases of conflict, the determination made by the

director shall govern.

•

. (d) For the purposes of this regulation, the

total of the capacities of all furnaces within one

system shall be considered as the incinerator capacity.

[Eff.Nov. 29, 1982] (Auth: HRS §5342—3, 342—22; 42 U.S.C.

§57407, 7410, 7416; 40 C.F.R. Parts 50, 51) (Imp: HRS§5342—3, 342—22; 42 U.S.C. §57407, 7410, 7416;’ 40 C.F.R.

Parts 50, 51) -

60—20
7416; 40 C.

§11—60—29 ProeSsiridust2ies. (a) No. person

shall cause or permit the emission of particulate.

matter in any one hour from any source in excess of

the amount shown in Table 13-1 for the process weight

rate allocated to such source.

(b) Process weight per hour is the total weight

of all materials introduced into any specific process

that may cause any emission of particulate matter.

Solid fuels charged will be considered as part of the

process weight, but liquid and gaseous fuels and

combustion air will not. For

a cyclical or batch

operation, the process weight per hour will be

derived by dividing the total process weight by the

number of hours in one complete operation from thebeginning of any given process to the completion

thereof, excluding any time during which the equipment

is idle. For

a continuous operation, the process

weight per hour will be derived for

a typical

period of time by the number of hours of such period.

(c) Where the nature of any process or operation

or the design of any equipment is such as to permit

more than one interpretation of this regulation, the

interpretation that results in the minimum value for

allowable emission shall apply.

(d) For purposes of this regulation,

a process

is any method, reaction, or operation whereby materials

introduced into the process undergo physical or chemical

change.

A specific process, independent or production

unit, is one which includes all of the equipment and

facilities necessary for the completion of the trans

formation of the materials to produce

a physical or

chemical change. There may be several specific processes

in series necessary to the manufacture of

a product.

However, where there are parallel series of specific

processes, the similar parallel specific processes shall

be considered as

a specific process for emission

regulation. [Eff. Nov. 29, 1982] (Auth: HRS §5342—3,

342—22; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50,

51) (Imp: HRS §5342—3, 342—22; 42 U.S.C. §57407,

7410, 7416; 40 C.F.R. Parts 50, 51)

60—21
* 600,

800

.1.,000

• 1,500’

2,000

2,500

3, 000

3,5004,000

• 5,000

6,000

7,000

8,000

• 9,000

12,00016,000

18,000

20,00030,000

40,000

50,000

60,000 or more

1.83

2.22

2.58

3.384.10

4.76

5.385.96

6.52

- 7.58

8.56

9.49

10.4

11.2

13.6

16.5

.17.9

19.2

25.2

30.5

35.4.

40.0

Interpolation of the data in this table for

process weight rates up to 60,000 lb./hr. shall be

accomplished b’ use of the equation

E

= 4.10

p0•67

E

= rate of emission in lb./hr. ‘and

p

= process

weight rate in tons/hr.

I

— 2 J

— . • —

(a

o person shall burn, sell, or make av Die

for sal or burning in fuel burning

e ment, any

fuel contain in excess of 2.0 cent sulf’ar by

weight except fo uel used ocean—going vessels.

(b) No person Ling fossil—fuel fired

power and steaia ati acilities having apower

generating

o

t in excess.o

5 megawatts or

a

heat,i.. greater than 250 milli TU/hr. shall

b uel containing in excess of 0.5 cent sulfur

7 WJ.ZLL.

60—22
51) . V

§11-60— tage ‘f. Volatile ‘or nic

•cornounds. ( No person shall piac , store, or

hold in any st tionary tank, reservo , or other

container of mo than.40,000 gallo (150,000 liter)

capacity any, vol i’le organic comp

d unless such

tank, reservoir, other contain is

a pressure

tank capable of mai taming work’

g pressures V

sufficient, at all ti

e to preve vapor or gas loss

to the atmosphere or ‘s design d, and equipped,

with one of the folio ng’vap V loss control devices:

(1)

A floating ro f,

c Listing of

a pOntoon V

type, double ck ype roofornterna1 V

floating cover, ich will rest on the

surface of the ‘‘quid contents and be V equipped with

c osure seal or seals to

close the spa

e be ween the roof edge and V tank wall. is co tro] eauipment shall V

not be pernt’..ted if

e volatile organic

compounds ave

a vapo pressure of 11.0

pounds pe square .inch bsolute (568 mm

Ig.) or reater under

a ual storage

conditi s. All tank ga ing or sampling V device shall be gas-tigh except when tank

gaugi

g or sampling is taki

g place. V

(2)

A va

r recovery system, Co isting of

a V

V

yap gathering system capabi of

Co ecting the volatile organl compounds

v ors and gases discharged,

a

a vapor

isposal system capable of proce sing such

olatile organic vapors and gases so as to

prevent their emission to the atmo phere

and with all tank gauging and sampl’ng

devices gas-tight except when gaugin or

sampling is taking place.

(3) Other equipment or means of equal effi iency

for purposes of air pollution control ‘a

rr”

V 60—23
Parts §57407,50, 51 (Imp: HP.S §5342—3, 342—22;

2 U.S.C. 7410, 7416; 40 C.F.R. Parts 50,

5 )

§11—60—32 Ia.ti1e ‘rgan.i’c c’omo

d water sepration. (a) person shall use ny compartment of any single or in tiple compartiue volatile organic compound water sepa tor which rec yes effluent

• water containing 200 allons (760 iters)

a day.or more

processing,

of any volatile

o ganic cont und from any equipment

volatile refining

t eating, toring, or handling

volatile organic cbrnpoun

s con ting of kerosene or more organic material un ss such compartment

•

is equipped with one of th ollowing vapor loss

order,

control devices, properly

i stalled, in good wOrking- and in operation. (1)

A container havng 1 openings sealed and totally enc1ong th liquid contents. All V

V

gauging

a

d sampi

Tig devices shall be gas-tight ex ept when uging or sampling is taking

p ace. . (2)

A contain equipped wit

a floating roof, V

V consisti of

a pontoon

t e, double deck

V type ro ,. or’ internal floa ing cover, which 11 rest on the surf

a

a of the V conte

s and be equipped with

a closure seal

r seals to close the spa

e between the oof edge and container wal . All ga

- rht

ging

except

and sampling devices sha 1 be gas— when gauging or saxnp inq is ng place. container equipped with

a vapor system consisting of

a vapor gather system capable of collecting the ox vapors and gases discharged and

a

v disposal system capable of processing rcraniG vapor nd

(3)

ry

60—24
[Eff. Nov. 29, 982] (Auth: HRS §342—3, 2—22; 42

U.S.C. §S7407, 741Ô, 7416; 40 C.F.R. P ts 50, 51) (Imp: HRS §3. —3, 342—22; 42 U.S. 57407., 7410,

7416; 40 C.F.R. arts 50, 51)

§11-60—33 ?unand cornp ssors. All pumps and compressors handing vol ile organic compounds shall have mechanical eals or other equipment of equal efficiency for pu es of air pollution - control a may be approv by the director.

[Eff.Nov 29, 198 (Auth S §342—3, 342—22; 42

U.S.C. §7407, 7410, 416; 0 C.F.R. Parts50, 51) (Imp: HRS §342—3, 42—22; 2 U.S.C. §S7407, 7410, 7416;.40 C.F.R. P ts 50, 51) -

§11—60— . Waste gas dispos 1• No person shall

cause or pe . it the emission of o anic gases from a

vapor blo own system or emergency elief unless

these g es are burned by smokeless ares, or an

equall effective control device as a roved by the dire or. [Eff.NOV. 29, 1982) (Auth: S §342—3, 342 22; 42 U.S.C. §S7407, 7410, 1416; 4 C.F.R.

P ts 50, 51) (Imp: HRS §5342—3, 342—2 42 U.S.C.

7G7- 7418, 7; 9 G.F..

§11-60—35 ?eintion of air pollution ezrgency episodes. (a) Notwithstanding any other provision of the air pollution control regu1ation, this episode regulation is designed to prevent the excessive buildup of air contaminants during air pollution episodes 7thereby preventing the occurrence of any

emergency due to the effects of these contaminants

on the public health.

60—25
making this determination-, the director will be

guided by the following criteria:

(1) “Air pollution forecast”: An internal

watch by th department shall be actuated

by

a national weather service advisory

that atmospheric stagnation advisory is in

effect or the equivalent local forecast of

stagnant atmospheric conditions.

(2) “Alert”: The alert level is that con—

centration of pollutants at which first

stage control action is to begin.. An

alert will be declared when any one of the

following levels is reached:

(A) S02

— 800 ug/m 3 (0.3 ppm), 24—hour - average

(B). Particulate matter

— 3.0 COH or

375 ug/m 3,24-hour average

(C) S02 and particulate matter combined

—

product of SO2, ppm, 24—hour average

and COHs equal to 0.2 or product of

• so2, ug/in 3,24-hour average and parti

culate matter, ug/ra 3,24—hour average

equal to 65x10 3

(D) CO

— 17 mg/rn 3 (15 ppm), 8—hour

average

(E) Oxidant - 200 ug/m 3 (0.1 ppm), 1—hour

average

(F) N02— 1,130 ug/m 3 (0.6 ppm) 1—hour

average; 282 ug/m 3 (0.15 ppm), 24—hour

average -

and meteorological conditions are such

that this condition can be expected to

continue for twelve or more hours.

(3) “Warning”: The warning level indicates

that air quality is continuing to degrade

and that additional abatement actions are

necessary.

A warning will be declared

when any one of the following levels is

reached:

60—26
S02, ug/m 3,

g

p

culate matter, ug/m 3,24—hour average

(0)

equal

CO —. 34

to

mg/rn 3

261x10 3

(30 ppm) 8—hour average

(E) Oxidant - 800 ug/m 3 (0.4 ppm), 1-hour

average

(F). N02

— 2,260 ug/rn 3 (1.2 ppm), 1—hour

average; 565 ug/1n 3 (0.3 ppm), 24—hour

average

and meteorological conditions are such

that this condition can be expected to

continue for twelve or more hours.

(4) “Emergency”: The emergency level is

reached when the warning level, for

pollutant has been exceeded and

(A) The concentrations of the pollutant

are continuing to increase, or

(B) The director determines that, because

of meteorological or other facts, the

concentrations will continue to

increase, or

(C) When any on,e of the following levels

is reached:

• Ci) 502

— 2,100 ug/m 3 (0.8 ppm),

24—hour average

(ii) Particulate matter

— 7.0 COEs or

875 tag/rn 3,24-hour average

(iii) S02 and particulate matter combined——

• product of SO2, ppm, 24—hour average

and COHs equal to 1.2 or product of

- SO2,tag/rn 3,24—hour average and

particulate matter, ug/m 3,24—hour

(iv) CO

average

— 46 mg/rn 3

equal to

(40

393xl0

ppm), 8-hour

average

(v) Oxidant - l,200’ug/m 3(0.6 ppm),

1—hour averace

(vi) NO2

— 3,000 ug/rn 3 (1.6 ppm), 1—hour

average; 750 tag/rn 3 (0.4 ppm), 24—hour

average

60—27
42 U.S.C

§

§11—60-36 VariaxTces. Variances and variance

applications shall comply with HRS, §342—7, except that,

no variance shall prevent or interfere with the maintenance

or attainment of a national ambient air quality standard.

[Eff.Nov. 29, 1982] .(Auth: ERS §5342—3, 342—22; 42 U.S.C.

§57407, 7410, 7416; 40 CF.R. Parts 50, 51) (mo: HRS

§5342—3, 342—7, 342—22; 42 U.S.C. §57407, 7410, 7416;

40 C.F.R. Parts 50, 51)

S11—60-37 Penalties and remedies. Any person

who violates any provision of this chapter shall be

subject to the penalties and remedies provided for

in ERS §5342—8, 342—11, 342—11.5, 342—12.

[Eff.NOV. 29, 1982] (Auth: HRS 55342—3, 342—22; 42.U.S.C.

§57407, 7410, 7416;. 40 CF.R. Parts 50, 51) (Imp: HRS

55342—3, 342—8, 342—11, 342—11.3, 342—12, 342—22; 42

U.S.C. §57407, 7410, 7416; Parts 50, 51) .

§11-60—38 Severability. 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 o circumstances and the remainder of this

chapter shall not be affected thereby. [Eff.Nov. 29> 1982]

(Auth: HIS 55342—3, 342—22; 42 U.S.C. §57407,7410,

7416; 40 C.F.R. Parts 50, 51) (Imp: .HRS §5342—3, 342—22;

42 U.S.C. §57407, 7410, .7416; Parts 50, 51)

60—28