Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 9 - HAZARDOUS AIR POLLUTANT SOURCES › Section 11-60.1-171 - Definitions

Current through June, 2024
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 portion of a stationary source that is regulated by
					 a relevant standard or other requirement established pursuant to Section 112 of
					 the Act.
"Area source" means any stationary source of hazardous air
					 pollutants that is not a major source but shall not include motor vehicles or
					 nonroad vehicles subject to regulation approved pursuant to Title II of the
					 Act.
"Carcinogenic hazardous air pollutant" means any hazardous
					 air pollutant recognized as known, probable, or potential human carcinogen by
					 the EPA's Integrated Risk Information System (IRIS), or other documented
					 studies or information by recognized authorities and approved by the
					 director.
"Category" means any category of major sources and area
					 sources of hazardous air pollutants listed pursuant to Section 112(c) of the
					 Act.
"Commenced" as used in this subchapter means, with respect
					 to construction or reconstruction of an affected source, that an owner or
					 operator has undertaken a continuous program of construction or reconstruction
					 or that an owner or operator has entered into a contractual obligation to
					 undertake and complete, within a reasonable time, a continuous program of
					 construction or reconstruction.
"Construction" means the on-site fabrication, erection, or
					 installation of an affected source as defined in
					 40 CFR §
											63.2.
"EPA risk assessment guidelines" means the U.S.
					 Environmental Protection Agency's Guidelines for Carcinogenic Risk Assessment,
					 51 FR 33992 (September 24, 1986).
"Emission standard" means a national standard, limitation,
					 prohibition, or other regulation promulgated in 40 CFR Part 63 pursuant to
					 Sections 112(d), 112(h), or 112(f) of the Act.
"Equivalent MACT" means the MACT emission limitation or
					 requirements which are applicable to major sources of hazardous air pollutants
					 and are approved by the director on a case-by-case basis, pursuant to Sections
					 112(g) or 112 (j) of the Act.
"Existing source" means any affected source that is not a
					 new source as defined in this subchapter.
"MACT" means maximum achievable control technology.
"New source", unless otherwise defined in an applicable
					 Section 112 standard, means any affected source which is:
(1) Major, or located within a major source
				  of hazardous air pollutants, and in a category or subcategory for which
				  construction or reconstruction is commenced after the Section 112 (j) deadline,
				  or after the Administrator proposes a relevant emission standard pursuant to
				  Sections 112 (d) or (h) of the Act, whichever comes first;
(2) Major, subject to 112(g) of the Act, and
				  for which construction or reconstruction conunenced after January 27, 1997;
				  or
(3) Nonmajor, in a category or
				  subcategory, and for which construction or reconstruction is commenced after
				  the Administrator first proposes a relevant emission standard pursuant to
				  Section 112(d) or (h) of the Act.
"Reconstruction", unless otherwise defined in an applicable
					 Section 112 standard, means the replacement of components of an affected or a
					 previously unaffected stationary source to such an extent that:
(1) The fixed capital cost of the new
				  components exceeds fifty percent of the fixed capital cost that would be
				  required to construct a comparable new source; and
(2) It is technologically and economically
				  feasible for the reconstructed source to meet the applicable MACT or equivalent
				  MACT standard(s). Upon reconstruction, an affected source, or a stationary
				  source that becomes an affected source, is subject to the applicable standards
				  for new sources, including compliance dates, irrespective of any change in
				  emissions of hazardous air pollutants from the source.
"Regulated substance" means a substance listed pursuant to
					 Section 112(r)(3) of the Act.
"Risk management plan" means a plan to detect and prevent
					 or minimize accidental releases of regulated substances from a stationary
					 source, and to provide a prompt emergency response to any such releases in
					 order to protect human health and the environment.
"Section 112(j)" means Section 112(j) of the Act.
"Section 112 (j) deadline" means the date 18 months after
					 the date by which a relevant standard is scheduled to be promulgated by the
					 Administrator pursuant to Section 112(e) of the Act; except that for all major
					 sources listed in the source category schedule for which a relevant standard is
					 scheduled to be promulgated by November 15, 1994, the Section 112(j) deadline
					 is November 15, 1996, and for all major sources listed in the source category
					 schedule for which a relevant standard is scheduled to be promulgated by
					 November 15, 1997, the Section 112(j) deadline is December 15, 1999.
"Stationary regulated substance source" means buildings,
					 structures, equipment, installations, or substance-emitting stationary
					 activities:
(1) Which belong to the
				  same industrial group;
(2) Which
				  are located on one or more contiguous properties;
(3) Which are under the control of the same
				  person or persons under common control; and
(4) From which an accidental release may
				  occur.
"Subcategory" means any subcategory of major sources and
					 area sources of hazardous air pollutants listed pursuant to Section 112 (c) of
					 the Act.
"Threshold limit value" means the airborne concentration of
					 a substance that, according to the American Conference of Governmental
					 Industrial Hygienists, represents conditions under which nearly all workers may
					 be repeatedly exposed day after day without adverse effects.
"Threshold limit value-time weighted average" means the
					 threshold limit value for a normal eight-hour workday and a forty-hour workweek
					 as specified in the TLV book.
"TLV-TWA" means threshold limit value-time weighted
					 average.
"TLV book" means the "Documentation of the Threshold Limit
					 Value and Biological Exposure Indices," seventh edition, published by the
					 American Conference of Governmental Industrial Hygienists,
					 Inc.