Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 6 - FEES FOR COVERED SOURCES, NONCOVERED SOURCES, AND AGRICULTURAL BURNING › Section 11-60.1-111 - Definitions

Current through June, 2024
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 stationary source actually emitted the pollutant
					 during the specified time period, and which is representative of the source's
					 actual operation. The director shall allow the use of a different time period
					 upon a determination that it is more representative of the actual operation of
					 a source. Actual emissions shall be calculated using the source's actual
					 operating hours, production rates, and amounts of materials processed, stored,
					 or combusted during the selected time period. Other parameters may be used in
					 the calculation of actual emissions if approved by the director.
"Air permit application" means a noncovered or covered
					 source permit application.
"Air permit program" means the program established pursuant
					 to part III of chapter
					 342B, HRS, and this chapter.
"Allowable emission rate" means the quantity of regulated
					 or hazardous air pollutant that may be emitted (per unit of time, tons of
					 production, or other parameter) as established by an air permit limitation or
					 an applicable requirement that establishes an emission limit.
"Annual fee" means the fee imposed on each owner or
					 operator of a stationary source on an annual basis.
"AP-42" means EPA's compilation of air pollutant emission
					 factors. Volume 1; Stationary Point and Area Sources, Fifth Edition, and its
					 associated supplements and appendices.
"Application fee" means the fee imposed on an owner or
					 operator of:
(1) A stationary source
				  upon the filing of any air permit application; or
(2) An agricultural operation upon the filing
				  of any agricultural burning permit application.
"Closure fee" means the annual fee that an owner or
					 operator of a stationary source is assessed for the last year a source is in
					 operation before permanent discontinuance.
"Covered source permit application" means an application
					 for an initial covered source permit, a renewal of a covered source permit, a
					 permit amendment for any modification to a covered source, or the written
					 request filed for a change in location of a temporary covered source, or an
					 administrative permit amendment to a covered source permit.
"Dollar per ton charge" means the dollar fee charge per ton
					 of regulated air pollutant emitted, and the dollar fee charge per
					 CO2e ton of greenhouse gas emitted.
"Fee worksheets" means the forms provided by the director
					 to aid the owner or operator of a stationary source in the calculation of
					 annual fees.
"Major modification" has the same meaning as in section
					 11-60.1-131.
"Minor modification" has the same meaning as in section
					 11-60.1-81.
"Non-toxic pollutant" means any pollutant that is not a
					 toxic pollutant.
"Non-toxic source" means a stationary source that is not a
					 toxic source.
"Noncovered source permit application" means an application
					 for an initial noncovered source permit, a renewal of a noncovered source
					 permit, a permit amendment for any modification to a noncovered source, or the
					 written request for a change in location of a temporary noncovered source, or
					 an administrative permit amendment to a noncovered source permit.
"PSD source" means a source subject to the requirements of
					 subchapter 7.
"Significant modification" has the same meaning as in
					 section 11-60.1-81.
"Toxic pollutant" means any hazardous air pollutant listed
					 pursuant to Section 112(b) of the Act, and any other hazardous air pollutant
					 designated by this chapter.
"Toxic source" means:
(1) A major covered source that emits or has
				  the potential to emit any hazardous air pollutant, except radionuclides, in the
				  aggregate of ten tons per year or more, or twenty-five tons per year or more of
				  any combination;
(2) A covered
				  source that is subject to an emission standard or other requirement for
				  hazardous air pollutants approved pursuant to Section 112 of the Act, with the
				  exception of those sources solely subject to regulations or requirements
				  approved pursuant to Section 112(r) of the Act; or
(3) A noncovered source that emits or has the
				  potential to emit two tons per year or more of any hazardous air pollutant or
				  five tons per year or more of any combination.
"Verifiable documentation" means a record, certified
					 pursuant to section
					 11-60.1-4, that best substantiates
					 the operating characteristic or parameters of a stationary source. Records
					 identified as verifiable documentation may include fuel usage records,
					 production records, or other records that can be substantiated through the use
					 of non-resetting fuel or hour meters, appropriate testing, and other methods or
					 devices, as required or deemed acceptable by the director. Records may be
					 deemed unacceptable by the director if found to be erroneous, incomplete,
					 inaccurate, or inconsistent.