Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-1 - Definitions

Current through June, 2024
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" means a permit amendment
					 which:
(1) Corrects typographical
				  errors;
(2) Identifies a change in
				  the name, address, or phone number of any person identified in the permit, or
				  provides a similar minor administrative change at the source;
(3) Requires more frequent monitoring or
				  reporting by the permittee;
(4)
				  Consolidates the terms and conditions of two or more noncovered source permits
				  into one noncovered source permit for a facility;
(5) Consolidates the terms and conditions of
				  two or more covered source permits into one covered source permit for a
				  facility;
(6) Incorporates
				  applicable requirements for any insignificant activity listed in section
				  11-60.1-82(f) or
				  (g), provided the activity is not by itself
				  subject to subchapters 8 or 9, does not cause a noncovered stationary source to
				  become a major source, and does not cause the stationary source to become
				  subject to provisions of subchapters 7, 8, or 9; or
(7) Allows for a change in ownership or
				  operational control of a source provided the department has determined that no
				  other change in the permit is necessary, and provided that a written agreement
				  containing a specific date for transfer of permit responsibility, coverage, and
				  liability between the current and new permittees has been submitted to the
				  director.
"Administrator" means the Administrator of the EPA or the
					 Administrator's designee.
"Agricultural burning permit" means written authorization
					 from the director to engage in agricultural burning.
"Air pollutant" has the same meaning as in chapter
					 342B, HRS.
"Air pollution" means the presence in the outdoor air of
					 substances in quantities and for durations which may endanger human health or
					 welfare, plant or animal life, or property or which may unreasonably interfere
					 with the comfortable enjoyment of life and property throughout the State and in
					 such areas of the State as are affected thereby, but excludes all aspects of
					 employer-employee relationships as to health and safety hazards.
"Air pollution control equipment" means equipment or a
					 facility of a type intended to eliminate, prevent, reduce, or control the
					 emissions of any regulated or hazardous air pollutant to the atmosphere.
"Allowable emissions" means the emissions of a stationary
					 source calculated using the maximum rated capacity of the source, unless the
					 source is subject to federally enforceable limits which restrict the operating
					 rate, capacity, or hours of operations, or any combination of these, and the
					 most stringent of the following:
(1)
				  The applicable standards set forth in the Standards of Performance for New
				  Stationary Sources or the National Emissions Standards for Hazardous Air
				  Pollutants;
(2) Any Hawaii state
				  implementation plan emission limitation, including those with a future
				  compliance date; and
(3) The
				  emission rates specified as a federally enforceable permit condition, including
				  those with a future compliance date.
"Applicant" means any person who submits an application for
					 a permit.
"Authority to construct" means the permit issued by the
					 director pursuant to repealed chapter
					 11-60 giving approval or conditional
					 approval to an owner or operator to construct an air pollution source.
"Best available control technology" means an emissions
					 limitation including a visible emission standard based on the maximum degree of
					 reduction for each regulated air pollutant which would be emitted from any
					 proposed stationary source or modification which the director, on a
					 case-by-case basis, taking into account energy, environmental, and economic
					 impacts and other costs, determines is achievable for such source or
					 modification through application of production processes or available methods,
					 systems, and techniques, including fuel cleaning or treatment or innovative
					 fuel combustion techniques for control of such pollutant. In no event shall
					 application of best available control technology result in emissions of any
					 pollutant which would exceed the emissions allowed by any applicable standard
					 promulgated pursuant to 40 CFR Parts 60, 61, and 63. If the director determines
					 that technological or economic limitations on the application of measurement
					 methodology to a particular emissions unit would make the imposition of an
					 emissions standard infeasible, a design, equipment, work practice, operational
					 standard, or combination thereof, may be prescribed instead to satisfy the
					 requirement for the application of best available control technology. Such
					 standard shall, to the degree possible, set forth the emissions reduction
					 achievable by implementation of such design, equipment, work practice, or
					 operation, and shall provide for compliance by means which achieve equivalent
					 results.
"Biogenic CO2 emissions" mean
					 CO2 emissions from a stationary source directly
					 resulting from the combustion or decomposition of biologically-based materials
					 other than fossil fuels and mineral sources of carbon. Examples of biogenic
					 CO2 emissions include, but are not limited to:
					 CO2 generated from the biological decomposition of waste
					 in landfills, wastewater treatment or manure management processes;
					 CO2 from the combustion of biogas collected from
					 biological decomposition of waste in landfills, wastewater treatment or manure
					 management processes; CO2 from fermentation during
					 ethanol production or other industrial fermentation processes;
					 CO2 from combustion of the biological fraction of
					 municipal solid waste or biosolids; CO2 from combustion
					 of the biological fraction of tire-derived fuel; and CO2
					 derived from combustion of biological material, including all types of wood and
					 wood waste, forest residue, and agricultural material.
"Biomass fuel burning boilers" means fuel burning equipment
					 in which the actual heat input of biomass fuel exceeds the actual heat input of
					 fossil fuels, calculated on an annual basis.
"BTU" means British thermal unit.
"Carbon dioxide" means a gas emitted naturally or from
					 human activities such as the burning of fossil fuels and biomass, land-use
					 changes, and industrial processes. It is the principal anthropogenic greenhouse
					 gas that affects the Earth's radiative balance. It is the reference gas against
					 which other greenhouses gases are measured and therefore has a global warming
					 potential of one.
"CFR" means the Code of Federal Regulations.
"CO2" means carbon dioxide.
"CO2 equivalent emissions" means the
					 amount of greenhouse gases emitted as computed by multiplying the mass amount
					 of emissions (tpy) for each of the six greenhouse gases in the pollutant GHGs,
					 by the gases' associated global warming potential values published at 40 CFR
					 Part 98, Subpart A, Table A-1, and summing the resultant values of each gas to
					 compute a TPY CO2 equivalent.
"CO2e" means carbon dioxide
					 equivalent emissions.
"Commenced" as applied to construction of or modification
					 to a stationary source means that the owner or operator has all necessary
					 preconstruction approvals or permits and either has:
(1) Begun, or caused to begin a continuous
				  program of actual operation or on-site construction of the source; or
(2) Entered into binding agreements or
				  contractual obligations, which cannot be canceled or modified without
				  substantial loss to the owner or operator, to undertake a program of actual
				  operation or construction of the source.
"Complete" means, in reference to an application for a
					 permit, that the application contains all of the information necessary to begin
					 and reasonably complete processing the application.
"Compliance plan" means a plan which includes a description
					 of how a source will comply with all applicable requirements, and includes a
					 schedule of compliance under which the owner or operator will submit progress
					 reports to the director no less frequently than every six months.
"Construction" means a physical change or change in the
					 method of operation including fabrication, erection, installation, demolition,
					 or modification of an emissions unit which would result in a change in actual
					 emissions.
"Covered source" means:
(1) Prior to program approval:
(A) Any major source;
(B) Any source subject to a standard or other
				  requirement under Section 111 of the Act;
(C) Any source subject to an emissions
				  standard or other requirement for hazardous air pollutants pursuant to Section
				  112 of the Act, with the exception of those sources solely subject to
				  regulations or requirements pursuant to Section 112 (r) of the Act;
				  and
(D) Any source subject to the
				  rules for prevention of significant deterioration of air quality as established
				  in subchapter 7.