Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-66 - Transition into the noncovered source permit program

Current through June, 2024
(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				  operate, issued pursuant to repealed chapter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 operator shall continue to
				  operate according to the provisions of the permit to operate and in accordance
				  with any applicable laws, regulations, and rules in effect at the time the
				  permit to operate was issued, until the noncovered source permit is
				  issued.
(b) The owner or operator of
				  a noncovered source who has applied for but has not received an initial permit
				  to operate or a renewal for a permit to operate pursuant to repealed chapter
				  11-60 shall submit to the director in
				  a timely manner, not to exceed sixty days from the effective date of this
				  chapter, a complete initial noncovered source permit application (less any
				  permit to operate application fee previously submitted). The owner or operator
				  shall continue to operate according to the provisions of the authority to
				  construct or permit to operate, whichever is applicable, and in accordance with
				  any applicable laws, regulations, and rules in effect at the time the authority
				  to construct or permit to operate was issued, until the noncovered source
				  permit is issued.
(c) The owner or
				  operator of a noncovered source with an authority to construct permit, issued
				  pursuant to repealed chapter
				  11-60, shall submit to the director a
				  complete initial noncovered source permit application at least sixty days prior
				  to the expiration of the authority to construct permit or the planned date of
				  construction completion, whichever is earlier. The owner or operator may
				  continue construction or operation provided construction or operation is
				  performed in accordance with the provisions of the authority to construct
				  permit and in accordance with any applicable laws, regulations, and rules in
				  effect at the time the authority to construct permit was issued, until the
				  noncovered source permit is issued.
(d) The owner or operator of a noncovered
				  source who has applied for but has not received an authority to construct
				  permit pursuant to repealed chapter
				  11-60 shall submit to the director in
				  a timely manner a complete initial noncovered source permit application (less
				  any authority to construct application fee previously submitted). A noncovered
				  source permit for the emission unit subject to the authority to construct
				  permit application must be obtained prior to commencement of construction,
				  modification, relocation, or operation.
(e) In the event an authority to construct or
				  permit to operate expires prior to the issuance of the noncovered source
				  permit, the owner or operator may continue to construct or operate only if the
				  owner or operator has submitted to the director a complete noncovered source
				  permit application, and any additional information necessary for the processing
				  of the application. The authority to construct or permit to operate shall
				  continue to be in effect until the noncovered source permit is issued or
				  denied, provided the owner or operator constructs or operates in accordance
				  with the authority to construct or permit to operate and any applicable laws,
				  regulations, and rules in effect at the time of the authority to construct or
				  permit to operate issuance. Noncompliance with any condition of the authority
				  to construct or permit to operate is considered a violation of this
				  chapter.
(f) All noncovered source
				  permit applications, compliance plans and filing fees shall be submitted in
				  accordance with sections
				  11-60.1-63 and
				  11-60.1-65, and subchapter
				  6.