reglab/statecodes huggingface dataset:
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 11-60.1-112 - General fee provisions for covered sources

Current through June, 2024
(a) Every
				  applicant for a covered source permit shall pay an application fee as set forth
				  in section
				  11-60.1-113.
(b) Except as provided in subsection (h)
				  below, every owner or operator of a covered source shall pay an annual fee as
				  set forth in section
				  11-60.1-114.
(c) All application and annual fees collected
				  pursuant to this chapter shall be used to cover the direct and indirect costs
				  to develop, support, and administer the air permit program.
(d) All application fees for covered sources
				  shall be submitted by check or money order made payable to the Clean Air
				  Special Fund-COV, and are not refundable, except as otherwise provided in this
				  subchapter.
(e) All annual fees for
				  covered sources required by this chapter shall be submitted by check or money
				  order, made payable to:
(1) The Clean Air
				  Special Fund-COV, for fees determined by the dollar per ton charge pursuant to
				  sections 11-60.1-114(i)(1), (3) and (4), and
				  (j); and
(2) The Clean Air Special Fund-NON, for fees
				  determined by the dollar per ton charge pursuant to sections
				  11-60.1-114(i)(2), (3) and (5), and
				  (j); and are not refundable, except for any
				  amount that constitutes an overpayment, as determined by the director.
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 11-60.1-114 - Annual fees for covered sources

Current through June, 2024
(a) Except as
				  specified in subsection
				  11-60.1-112(h),
				  subsection (b), and below, an annual fee shall be paid in full within the first
				  one-hundred twenty days of each calendar year and a closure fee shall be paid
				  within thirty days after the permanent discontinuance of the covered
				  source.
(b) The director, at the
				  director's sole discretion, or upon written request from the owner or operator
				  of a covered source, may extend the annual fee submittal deadline if the
				  director determines that reasonable justification exists for the extension.
The owner or operator's written request for an extension
					 shall be submitted at least fifteen days prior to the required submission due
					 date, unless the director with reasonable justification approves a lesser
					 period, and shall include the following information:
(1) Justification for the extension,
				  including a showing that reasonable effort and resources have been and are
				  being utilized in the calculation of annual emissions and the corresponding
				  annual fee as calculated pursuant to this section;
(2) Description of the problems being
				  encountered and reasons for any delays in meeting the annual fee
				  deadline;
(3) The current status of
				  emission calculations; and
(4) The
				  projected date of submitting the annual fee.
If the director disapproves an extension for submitting the
					 annual fee, the owner or operator shall pay the required annual fee within
					 thirty days of receipt of the disapproval notice or by the original submittal
					 deadline, whichever is later. If the director approves an extension for
					 submitting the annual fee, the owner or operator shall pay the required annual
					 fee by the extended approved date. Any part of the annual fee that is not paid
					 within the required time shall at once be assessed the late penalty fee
					 pursuant to subsection (m).
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 11-60.1-115 - Basis of annual fees for covered sources

Current through June, 2024
(a) For
				  purposes of calculating annual fees for covered sources under section
				  11-60.1-114, the covered source
				  actual emissions in tons and CO2e tons per year shall be
				  determined by using the following parameters:
(1) Data from continuous emission monitoring
				  (CEMS) or predictive emission monitoring (PEM) certified in accordance with the
				  applicable EPA Performance Specifications shall always be used if available.
				  The PEM data shall not be used if CEMS data is available;
(2) An emission factor derived from the
				  actual rate of emissions as substantiated through stack test reports,
				  continuous emissions monitoring data, or any other certified record as deemed
				  acceptable by the director;
(3) The
				  actual production, operating hours, amount of materials processed or stored, or
				  fuel usage of the covered source during the prior calendar year the annual fee
				  is due. Other operating parameters of the covered source may be used in the fee
				  calculation if approved by the director; and
(4) If not already included in the emission
				  factor identified in paragraph (1), a percentage reduction factor based upon
				  the efficiency of the air pollution control equipment, as provided by AP-42 or
				  any verifiable documentation demonstrating the actual performance of the air
				  pollution control equipment.
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 11-60.1-117 - General fee provisions for noneovered sources

Current through June, 2024
(a) Every
				  applicant for a noncovered source permit shall pay an application fee pursuant
				  to section
				  11-60.1-118.
(b) Except as specified in subsection (e)
				  below, every owner or operator of a noncovered source for which a permit is
				  required under section
				  11-60.1-62 shall pay an annual fee
				  as set forth in section
				  11-60.1-119.
(c) All application and annual fees for
				  noncovered sources required by this chapter shall be submitted by check or
				  money order made payable to the Clean Air Special Fund-NON, and are not
				  refundable, except for any amount that constitutes an overpayment, as
				  determined by the director.
(d)
				  Checks returned for any reason (e.g., insufficient funds, closed account, etc.)
				  shall be considered a failure to pay. Returned checks are subject to an
				  additional $25 handling charge. If a returned check results in a late payment,
				  the owner or operator shall also be assessed a late payment penalty in
				  accordance with section
				  11-60.1-119(g).
(e) Upon the approval of a waiver for covered
				  source annual fees pursuant to section
				  11-60.1-112(h),
				  the director may waive the annual fees due from owners or operators of
				  noncovered sources. The waiver shall be for the same calendar year as the
				  annual fee waiver for the covered sources. Nothing in this subsection shall be
				  construed to allow a waiver of any application fee, or a waiver of any other
				  requirements under this chapter, including reporting requirements, such as
				  annual emissions reporting as required by permit.
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 11-60.1-119 - Annual fees for noncovered sources

Current through June, 2024
(a) Except as
				  specified in section
				  11-60.1-117 (e),
				  an annual fee shall be paid in full within the first sixty days of each
				  calendar year and a closure fee shall be paid within thirty days after the
				  permanent discontinuance of the noncovered source.
(b) The director, at the director's sole
				  discretion, or upon written request from the owner or operator of a noncovered
				  source, may extend the annual fee submittal deadline if the director determines
				  that reasonable justification exists for the extension. The owner or operator's
				  written request for an extension shall be submitted at least fifteen days prior
				  to the required submission due date, unless the director with reasonable
				  justification approves a lesser period, and shall include the following
				  information:
(1) Justification for the
				  extension;
(2) Description of the
				  problems being encountered and reasons for any delays in meeting the annual fee
				  deadline; and
(3) The projected
				  date of submitting the annual fee.
If the director disapproves an extension for submitting the
					 annual fee, the owner or operator shall pay the required annual fee within
					 thirty days of receipt of the disapproval notice or by the original submittal
					 deadline, whichever is later. If the director approves an extension for
					 submitting the annual fee, the owner or operator shall pay the required annual
					 fee by the extended approved date.
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 11-60.1-121 - Application fees for agricultural burning permits

Current through June, 2024
(a) Every
				  applicant for an agricultural burning permit shall pay an application fee
				  pursuant to this section. The application fee shall be made payable to the
				  Clean Air Special Fund-NON.
(b) An
				  application fee shall be submitted with the application for an agricultural
				  burning permit and shall not be refunded nor applied to any subsequent
				  application. No application for an agricultural burning permit shall be acted
				  upon or considered unless the application fee is paid in full.
(c) Checks returned for any reason (e.g.,
				  insufficient funds, closed account, etc.) shall be considered a failure to pay.
				  Returned checks are subject to an additional $15 handling charge.
(d) From the effective date of this chapter,
				  the fee schedule for filing an agricultural burning permit shall be as follows:
(1)
Less than ten acres
$ 50
(2)
Ten to less than one hundred acres
$ 150
(3)
One hundred to less than one thousand
								acres
$ 750
(4)
One thousand or more acres
$ 1,500
The acreage shall be the total acreage designated
								to be burned or cleared for burning as specified in the permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 7 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 11-60.1-131 - Definitions

Current through June, 2024
All of the definitions in
					 40 CFR
					 52.21(b) as they existed on
					 May 1, 2023 are hereby incorporated by reference. This section incorporates
					 these definitions to support the implementation of
					 40 CFR Section
					 52.21, Prevention of Significant
					 Deterioration of Air Quality. Selected definitions are included here for
					 convenience. If a conflict is found, the definition in
					 40 CFR Section
					 52.21 shall apply.
"Major modification" means any physical change in or change
					 in the method of operation of a major stationary source that would result in a
					 significant emissions increase as defined in
					 40 CFR
					 52.21(b)(40) of a regulated
					 NSR pollutant, and a significant net emissions increase as defined in
					 40 CFR
					 52.21(b)(3) of that
					 pollutant from the major stationary source. Any significant emissions increase
					 from any emissions unit or net emissions increase at a major stationary source
					 that is significant for volatile organic compounds or nitrogen oxides shall be
					 considered significant for ozone.
A physical change or change in the method of operation
					 shall not include:
(1) Routine
				  maintenance, repair, and replacement;
(2) Use of an alternative fuel or raw
				  material by reason of an order pursuant to Sections 2(a) and 2(b) of the Energy
				  Supply and Environmental Coordination Act of 1974 or any superseding
				  legislation or by reason of a natural gas curtailment plan pursuant to the
				  Federal Power Act;
(3) Use of an
				  alternative fuel by reason of an order or rule under Section 125 of the
				  Act;
(4) Use of an alternative fuel
				  at a steam generating unit to the extent that the fuel is generated from
				  municipal solid waste;
(5) Use of
				  an alternative fuel or raw material by a stationary source which:
(A) The source was capable of accommodating
				  before January 6, 1975, unless such change would be prohibited pursuant to any
				  federally enforceable permit condition which was established after January 6,
				  1975, pursuant to 40 CFR
				  Section 52.21 or to regulations approved
				  pursuant to 40 CFR Part 51 Subpart I or
				  40 CFR Section
				  51.166; or
(B) The source is approved to use under any
				  permit issued pursuant to 40
				  CFR Section 52.21 or regulations approved
				  pursuant to 40 CFR Section
				  51.166;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 7 - PREVENTION OF SIGNIFICANT DETERIORATION REVIEW › Section 11-60.1-132 - Source applicability

Current through June, 2024
(a) This subchapter
				  incorporates by reference, provisions of
				  40 CFR Section
				  52.21, Prevention of Significant
				  Deterioration of Air Quality, as it existed on May 1, 2023 and applies to
				  owners or operators planning to construct a major stationary source or to make
				  a major modification to such a stationary source. Provisions of
				  40 CFR Section
				  52.21 are additional requirements for
				  considering an application for a covered source permit required by subchapter
				  5.
(b) No stationary source or modification to
				  which the requirements of this subchapter apply shall begin actual construction
				  without a covered source permit which states that the stationary source or
				  modification would meet the requirements of
				  40 CFR Section
				  52.21.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 8 - STANDARDS OF PERFORMANCE FOR STATIONARY SOURCES › Section 11-60.1-163 - Federal plans

Current through June, 2024
(a) This section
				  applies to an owner or operator subject to a promulgated federal plan for
				  designated or affected facilities, where the facility is not covered by an EPA
				  approved state plan. "State plan" as used in this subsection means a plan
				  submitted pursuant to section III(d) and section 129(b)(2) of the Clean Air Act
				  and 40 CFR Part 60, subpart B that implements and enforces 40 CFR Part 60,
				  subpart C.
(b) An owner or operator
				  of a designated or affected facility, as defined in the applicable federal
				  plan, shall comply with all applicable requirements of the federal plan,
				  including the following:
(1) 40 CFR Part 62,
				  Subpart FFF, Federal Plan Requirements for Large Municipal Waste Combustors
				  Constructed on or Before September 20, 1994;
(2) 40 CFR Part 62, Subpart GGG, Federal Plan
				  Requirements for Municipal Solid Waste Landfills That Commenced Construction
				  Prior to May 30, 1991 and Have Not Been Modified or Reconstructed Since May 30,
				  1991;
(3) 40 CFR Part 62, Subpart
				  HHH, Federal Plan Requirements for Hospital/Medical/Infectious Waste
				  Incinerators Constructed on or Before June 20, 1996;
(4) 40 CFR Part 62, Subpart III, Federal Plan
				  Requirements for Commercial and Industrial Solid Waste Incineration Units that
				  Commenced Construction on or Before November 30, 1999;
(5) 40 CFR Part 62, Subpart JJJ, Federal Plan
				  Requirements for Small Municipal Waste Combustion Units Constructed on or
				  Before August 30, 1999;
(6) 40 CFR
				  Part 62, Subpart LLL, Federal Plan Requirements for Sewage Sludge Incineration
				  Units Constructed on or Before October 14, 2010; and
(7) 40 CFR Part 62, Subpart 000, Federal Plan
				  Requirements for Municipal Solid Waste Landfills that Commenced Construction on
				  or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July
				  17, 2014.
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 11-60.1-173 - Applicability

Current through June, 2024
The provisions of this subchapter are applicable to any
					 stationary source which emits or has the potential to emit any hazardous air
					 pollutant.
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 11-60.1-175 - Equivalent maximum achievable control technology (MACT) limitation

Current through June, 2024
(a) This section applies to:
(1) an owner or operator of a major source of
				  hazardous air pollutants which includes one or more stationary sources that are
				  within a source category or subcategory for which the Administrator has failed
				  to promulgate an applicable emission standard under 40 CFR Part 63 by the
				  section 112 (j) deadline; and
(2) an
				  owner or operator who constructs or reconstructs a major source (as defined in
				  40 CFR §
												63.41) of hazardous air pollutants after
				  January 27, 1997, and an owner or operator of an area source that converts to a
				  major source of hazardous air pollutants after January 27, 1997, unless the
				  major source has been specifically regulated or exempted from regulation under
				  a standard issued pursuant to section 112(d), 112(h), or 112 (j) of the
				  Act.
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 11-60.1-177 - Early reduction

Current through June, 2024
(a) Notwithstanding
				  sections 11-60.1-174 and
				  11-60.1-175, the director may
				  allow an existing source, for which the owner or operator demonstrates that the
				  source has achieved a reduction pursuant to 40 CFR Part 63, Subpart D, to meet
				  an alternative emission limitation reflecting that reduction in lieu of an
				  emission limitation promulgated pursuant to Section 112(d) of the
				  Act.
(b) The alternative emission
				  limitation specified in subsection (a) shall be considered an applicable
				  requirement pursuant to subchapter
				  5.
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 11-60.1-178 - Accidental releases

Current through June, 2024
The owner or operator of a stationary regulated substance
					 source shall comply with any standard or other requirement concerning
					 accidental releases, including the preparation, submittal, and implementation
					 of a risk management plan pursuant to Section 112(r) of the
					 Act.
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 11-60.1-179 - Ambient air concentrations of hazardous air pollutants

Current through June, 2024
(a) No person shall emit or cause to emit
				  from any stationary source, hazardous air pollutants in such quantities that
				  result in, or contribute to, an ambient air concentration which endangers human
				  health.
(b) The director shall not
				  approve any application for a permit required by this chapter, for a new major
				  source of hazardous air pollutants, or for the modification or reconstruction
				  of any major source of hazardous air pollutants, or for any stationary source
				  that the director has reason to believe that the emissions of hazardous air
				  pollutants from the source may result in an unacceptable ambient air
				  concentration, unless the owner or operator of the source, and except as
				  provided in subsection {d), complies with one or more of the following:
(1) Demonstrate that the emissions of
				  hazardous air pollutants from the source will not result in, or contribute to,
				  any significant ambient air concentrations as defined in subsection (c);
				  or
(2) Demonstrate that the
				  applicable significant ambient air concentration in subsection (c) is
				  inappropriate for the hazardous air pollutant in question and that the
				  emissions of hazardous air pollutants from the source will not result in, or
				  contribute to, any ambient air concentration which endangers human health. The
				  demonstration shall include documented studies or information by recognized
				  authorities on the specific health effects of such hazardous air pollutants and
				  a detailed analysis, including a risk assessment, that demonstrates that the
				  emissions from the sources will not endanger human health.
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 11-60.1-180 - National emission standards for hazardous air pollutants

Current through June, 2024
(a) This section applies to an owner or
				  operator of a major or area source of hazardous air pollutants that has or will
				  have source (s) that emit designated hazardous air pollutants listed in 40 CFR
				  Part 61 . An owner or operator of a stationary source shall comply with all
				  applicable provisions of 40 CFR Part 61, entitled National Emission Standards
				  for Hazardous Air Pollutants, including the following subparts:
(1) Subpart A, General Provisions;
(2) Subpart C, National Emission Standard for
				  Beryllium;
(3) Subpart D, National
				  Emission Standard for Beryllium Rocket Motor Firing;
(4) Subpart E, National Emission Standard for
				  Mercury;
(5) Subpart J, National
				  Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene;
(6) Subpart V, National Emission
				  Standard for Equipment Leaks (Fugitive Emission Sources);
(7) Subpart Y, National Emission Standard for
				  Benzene Emissions from Benzene Storage Vessels;
(8) Subpart BB, National Emission Standard
				  for Benzene Emissions from Benzene Transfer Operations; and
(9) Subpart FF, National Emission Standard
				  for Benzene Waste Operations.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 10 - FIELD CITATIONS › Section 11-60.1-191 - Purpose

Current through June, 2024
The purpose of this subchapter is to create a field
					 citation program that facilitates the effective and expeditious settlement of
					 easily verifiable violations of chapter
					 342B, HRS, and this chapter, as
					 listed in §11.-60.1-192 (a). The field citation program creates an
					 expedited administrative settlement process that is an alternative to the often
					 costly and lengthy traditional administrative enforcement
					 process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 10 - FIELD CITATIONS › Section 11-60.1-192 - Offer to settle; penalties

Current through June, 2024
(a) A field
				  citation is an offer to settle an administrative case. In lieu of issuing a
				  formal notice and finding of violation and order, the director may, at the
				  director's sole discretion, through any authorized employee, issue a field
				  citation by personal service or certified mail to a person who:
(1) Causes or permits visible fugitive dust
				  to become airborne without taking reasonable precautions, in violation of
				  subsection
				  11-60.1-33(a);
(2) Causes or permits the discharge of
				  visible fugitive dust beyond the property lot line on which the fugitive dust
				  originates, in violation of subsection
				  11-60.1-33(b);
(3) Cause or permit visible fugitive dust
				  emissions equal to or in excess of twenty percent opacity for more than
				  twenty-four individual readings recorded during any one hour period, as
				  determined by using EPA 40
				  CFR 51 Appendix M, Method 203B, in violation
				  of subsection
				  11-60.1-33(c);
(4) Causes or allows open burning in
				  violation of subsection
				  11-60.1-52(a);
(5) Fails to comply with the notification
				  requirement for fires found in subsection
				  11-60.1-52(c);
(6) Fails to comply with any approved
				  condition or requirement for fires described in subsection
				  11-60.1-52(d);
(7) Fails to comply with any approved
				  condition or requirement for fires described in subsection
				  11-60.1-52(e) and
				  allowed under subsections
				  11-60.1-52(f) and
				  11-60.1-55;
(8) Fails to comply with any condition found
				  in a permittee's agricultural burning permit, in violation of the specific
				  condition found in the permittee's applicable agricultural burning
				  permit;
(9) Fails to comply with
				  any condition or requirement found in a permittee' s noncovered source permit,
				  in violation of the specific condition or requirement found in the permittee's
				  applicable noncovered source permit;
(10) Fails to comply with any condition or
				  requirement found in a permittee's covered source permit, in violation of the
				  specific condition or requirement found in the permittee's applicable covered
				  source permit;
(11) Fails to obtain
				  a noncovered source permit, in violation of subsection
				  11-60.1-62(a);
				  or
(12) Fails to obtain a covered
				  source permit, in violation of subsection
				  11-60.1-82(a).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 10 - FIELD CITATIONS › Section 11-60.1-193 - Acceptance or withdrawal of citation

Current through June, 2024
(a) To accept the
				  director's offer to settle, the person to whom a field citation was issued
				  must, within twenty days of its issuance, correct the violations, sign the
				  settlement agreement, and deliver the signed agreement with payment of the
				  penalty by check or money order to the State of Hawaii. The director, on the
				  director's own initiative, or upon request from the person to whom a field
				  citation was issued, may extend the deadline to accept the offer to settle if
				  the director determines that reasonable justification exists for the
				  extension.
(b) By signing the
				  settlement agreement, the person to whom a field citation was issued agrees to:
(1) waive the person's right to a contested
				  case hearing pursuant to chapter
				  91, HRS;
(2) waive any challenge to the field
				  citation;
(3) pay the penalty
				  assessed;
(4) correct the
				  violation; and
(5) enter into the
				  settlement agreement.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 11 - GREENHOUSE GAS EMISSIONS › Section 11-60.1-201 - Purpose

Current through June, 2024
The purpose of this subchapter is to further implement the
					 goals of Act 234, 2007 Hawaii Session Laws. A statewide greenhouse gas emission
					 (GHG) limit, to be achieved by 2020, is set to equal or below the 1990
					 statewide greenhouse gas emission levels. Greenhouse gas emissions from
					 airplanes shall not be included.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 11 - GREENHOUSE GAS EMISSIONS › Section 11-60.1-202 - Definitions

Current through June, 2024
As used in this subchapter:
"Carbon sink or carbon dioxide sink" means a carbon
					 reservoir that removes a greenhouse gas or a precursor of a greenhouse gas or
					 aerosol from the atmosphere, and is the opposite of a carbon source. The main
					 sinks are the oceans and growing vegetation that absorb
					 CO2.
"Facility-wide GHG emissions cap" means a permit emissions
					 limitation, applicable to a covered source, limiting the entire source's annual
					 non-biogenic greenhouse gas, and biogenic nitrous oxide and methane emissions.
					 A facility-wide GHG emissions cap may also be defined in multiple covered
					 source permits to identify partnering facilities with an approved combined GHG
					 emissions cap as described in subparagraph 11-60.1-204(d)(6)(A).
"Municipal waste combustion operations" means a permitted
					 covered source that combusts solid, liquid, or gasified household,
					 commercial/retail, and/or institutional waste.
"On-the-Book" means control measures or operational
					 practices affecting GHG emissions that the owner or operator of a facility
					 plans, or is undertaking to implement because of regulatory or legal
					 obligations; or as demonstrated through financial and resource commitments.
					 Examples include required controls or practices mandated by a state or federal
					 law; or budgeted and contracted/funded projects or resources.
"Permitted covered source" means a stationary source or
					 facility issued or required to hold a covered source permit pursuant to this
					 chapter, and has begun construction or operation by the effective date of this
					 subchapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 11 - GREENHOUSE GAS EMISSIONS › Section 11-60.1-203 - Greenhouse gas emission limit

Current through June, 2024
The statewide GHG emission limit to be achieved by 2020, is
					 equal to or below 13.66 million metric tons (or 15.06 million tons) per year of
					 CO2e, based on Hawaii's 1990 GHG emission estimates
					 prepared under Act 234, 2007 Hawaii Session Laws. The GHG limit excludes
					 aviation and international bunker fuel emissions, and includes carbon sinks.
					 The director may update the numerical GHG emission limit should improved
					 methodologies and data become available for estimating emissions. The limit
					 serves as an indicator to measure progress of the state's GHG reduction
					 measures and to determine the achievement and maintenance of the state's GHG
					 limit by 2020.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 11 - GREENHOUSE GAS EMISSIONS › Section 11-60.1-205 - Public participation

Current through June, 2024
(a) The director
				  shall provide for public notice, including the method by which a public hearing
				  can be requested, and an opportunity for public comment on all draft GHG
				  emission reduction plans from §
										11-60.1-204. Any person requesting
				  a public hearing shall do so during the public comment period. Any request from
				  a person for a public hearing shall indicate the interest of the person filing
				  the request and the reasons why a public hearing is warranted.
(b) Procedures for public notice, public
				  comment periods, and public hearings shall be as follows:
(1) The director shall make available for
				  public inspection in at least one location in the county affected by the
				  proposed action, or in which the source is or would be located:
(A) Information on the subject
				  matter;
(B) Information submitted
				  by the proposing party, except for that determined to be confidential pursuant
				  to section
				  11-60.1-14;
(C) The department's analysis and proposed
				  action; and
(D) Other information
				  and documents determined to be appropriate by the
				  department;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 11 - GREENHOUSE GAS EMISSIONS › Section 11-60.1-206 - Public petitions

Current through June, 2024
(a) The applicant
				  and any person who participated in the public comment or hearing process and
				  objects to the grant or denial of a draft GHG emission reduction plan, may
				  petition the department for a contested case hearing by submitting a written
				  request to the director.
(b) The
				  petition shall be based solely upon objections to the draft GHG emission
				  reduction plan, that were raised with reasonable specificity during the public
				  participation process, unless the petitioner demonstrates that it was
				  impracticable to raise such objections; for example, the grounds for such
				  objections arose after the public participation process.
(c) Any petitioner shall file a petition for
				  a contested case hearing within ninety days of the date of the department's
				  approval or disapproval of the proposed draft GHG emission reduction
				  plan.
(d) Notwithstanding the
				  provisions of subsection (b), if based solely on objections which were
				  impracticable to raise during the public participation process, a petition for
				  a contested case hearing may be filed up to ninety days after the objections
				  could be reasonably raised.
(e)
				  Except as provided in subsection (f), any draft GHG emission reduction plan
				  that has been issued shall not be invalidated by a petition for a contested
				  case hearing. If a draft GHG emission reduction plan is issued by the director,
				  the owner or operator of the source shall not be in violation of the
				  requirement to have submitted a timely and complete application.
(f) The effective date of draft GHG emission
				  reduction plan shall be as specified for permits in 40 CFR Part 124.15 as it
				  existed on May 1, 2022.
(g) Any
				  person may petition for a contested case hearing for the director's failure to
				  take final action on an application for draft GHG emission reduction plan,
				  within the time required for permits by this chapter. Such petition shall be
				  submitted in writing and may be filed any time before the director issues a
				  proposed draft GHG emission reduction.
(h) Any person aggrieved by a final
				  administrative decision and order, including the denial of any contested case
				  hearing, may petition for judicial review pursuant to section
				  91-14, HRS. A petition for
				  judicial review shall be filed no later than thirty days after service of the
				  certified copy of the final administrative decision and order.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-1 - Purpose

Current through June, 2024
Efficient management of wastewater treatment works is an
				  important economic asset to the public, to county and state officials and to
				  operators. Also, effective operation and maintenance of wastewater treatment
				  works are essential to prevent pollution of the waters of the State.
				  Furthermore, certification of wastewater treatment works operators assures the
				  employment of personnel competent to provide efficient management, and proper
				  maintenance and operation of wastewater treatment works. Therefore, the purpose
				  of these rules is to promote protection of public health, and to conserve and
				  protect the water and public resources of the State. To achieve these purposes,
				  it is the objective of these rules to ensure that all wastewater treatment
				  plants are under the active field supervision of competent personnel in
				  accordance with the provisions contained in these rules.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-2 - Definitions

Current through June, 2024
As used in this chapter:
"Association of boards of certification (ABC) for operating
				  personnel in water and wastewater utilities" is that organization which serves
				  as an information center for certification activities, recommends minimum
				  standards and guidelines for the classification of potable water supply and
				  wastewater systems and facilities and for certification of operators,
				  facilitates reciprocity between state programs, and assists authorities in
				  establishing new certification programs and upgrading existing programs.
"Board" means the board of certification established by
				  section
				  340B-4,
				  HRS.
"Direct responsible charge (DRC)" means active, on-site
				  charge of:
(1) A wastewater treatment plant;
(2) A segment of wastewater treatment plant; or
(3) An operating shift in 1 and 2.
"Director" means the director of health.
"Individual wastewater system" has the same meaning as
				  defined in chapter
				  11-62.
"Operating experience" means actual time spent working at a
				  wastewater treatment plant or system in satisfactory performance of wastewater
				  operator duties.
For the purposes of this chapter, one year of experience
				  means at least 40 hours per week times 40.8 weeks, or 1632 hours (52 weeks
				  minus 4.2 weeks (21 days)) of vacation leave 2.8 weeks (14 days) holidays, and
				  4.2 weeks (21 days) of sick leave).
"Operator" means any individual who operates a wastewater
				  treatment plant, or a major segment of a wastewater treatment plant. Operator
				  duties are varied and include but are not limited to operating wastewater
				  process equipment, valves, pumps, engines and generators; cleaning of various
				  process equipment for necessary unit process functions; taking wastewater
				  samples; operating electrical controls; monitoring gauges, meters and control
				  panels; recognition of process upsets and critical conditions in unit
				  processes; determining and adjusting treatment process conditions using data,
				  meter, and gauge readings; mixing of any chemicals required in treatment; and
				  inspecting the facility for overall process conditions.
"Person" means any individual, partnership, firm,
				  association, joint venture, public or private corporation, trust, estate,
				  commission, board, public or private institution, utility, cooperative,
				  municipality, or any other legal entity.
"Wastewater treatment plant" means the various facilities
				  used in the treatment of wastewater, including a wastewater reclamation
				  plant.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-3 - Certification of wastewater treatment plant operators

Current through June, 2024
(a)
				All wastewater treatment plants and segments of wastewater treatment plants
				which have been classified in accordance with, section
				11-61-6,
				whether publicly or privately owned, used or intended for use by the public or
				private persons, shall at all times be under the direct responsible charge of
				an operator or operators whose competency has been certified by the director in
				a classification corresponding to the classification of the wastewater
				treatment plant or segments of the wastewater treatment plant to be supervised.
				The owner of a wastewater treatment plant is responsible for notifying the
				board whenever a facility initiates operation, major modifications are made to
				the facility, or changes to the certified operator(s) in direct responsible
				charge of the facility are made. Such notification shall be made in writing and
				shall be made within thirty days of its occurrence.
(b) Reciprocity certification.
(1) Certificates may be issued, without
				examination, for a comparable classification to any applicant who holds a
				certificate in another state, provided the requirements of that state are
				substantially equivalent to the requirements of this chapter, and provided
				reciprocal privileges are being granted by that state to certified operators of
				this State. However, in no case shall a certificate be issued unless the
				applicant received certification by taking a written examination in the state
				reciprocity is being requested from. The board shall approve the issuance of
				reciprocal certificates only to applicants employed or seeking employment in
				the State.
(2) The applicant filing
				for an application for a certificate under paragraph (1) shall submit the
				following documents to the board along with the application:
(A) A copy of the applicant's current
				certificate or other proof, satisfactory to the board, demonstrating that the
				certificate was issued by an agency of another state, territory or possession
				of the United States; and
(B) A
				letter verifying employment or application for employment in the
				State.
(3) If, after
				receiving such an application, the board is satisfied that the applicant
				qualifies for a certificate, it shall notify the applicant and issue a
				certificate upon receipt of the certificate fee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-4 - Education and experience requirements for wastewater treatment plant operator certification

Current through June, 2024
(a) In order to
				take the grade I examination, the applicant shall submit with the application,
				proof that the applicant has graduated from high school or equivalent
				satisfactory to the board, and has one year of operating experience (See
				definition of "operating experience" in section
				11-61-2
				).
(b) In order to take the grade
				II examination, the applicant shall submit with the application, proof that one
				of the following combinations of training and experience has been met:
(1) Graduation from high school or equivalent
				satisfactory to the board, and two full years of operating experience and six
				educational points; or
(2) One and
				one-half years of operating experience while in possession of a grade I
				certificate.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-5 - Application, examination, issuance and revocation or suspension of wastewater treatment plant operator certification

Current through June, 2024
(a) Application.
(1) An application form developed by the
				board for requesting certification as a wastewater treatment plant operator by
				examination, or reciprocity certification shall be properly and accurately
				completed and submitted with the applicable application fee as specified in
				subsection (f) to: Chairperson, Board of Certification of Operating Personnel
				in Wastewater Treatment Facilities, 1350 Sand Island Parkway, Building 3A,
				Honolulu, HI 96819.
(2) A complete
				application for examination shall be filed with the board on or before the
				filing deadline established by the board. The board shall establish an
				application for examination filing deadline date at least sixty days before the
				date of the scheduled examination date.
(3) The board shall not process an incomplete
				application for reciprocity certification until all required information or
				missing information is submitted to the board.
(4) The board shall notify each applicant in
				writing within sixty days after receipt of a complete application of the
				decision of the board.
(A) If the applicant
				is eligible to take the examination, the applicant shall be advised of the
				date, time, place of examination and deadline to submit examination fees.
				Failure to submit the examination fee on or before the deadline established by
				the board shall disqualify the applicant for examination.
(B) If the applicant is ineligible to take
				the examination, the applicant shall be notified by letter and advised of the
				reason for ineligibility.
(5) The board shall disqualify an applicant
				for failure to meet the qualifications for certification. The board shall not
				finally deny certification to an applicant without affording the applicant an
				opportunity for a hearing in accordance with chapter 91, HRS.
(6) If a disqualified applicant wants a
				chapter
				91, HRS hearing, the applicant shall
				request the hearing within twenty days of the notice of
				disqualification.
(7) Failure of
				the board to act on a complete application for certification within sixty days
				after receipt of such application shall be deemed an acceptance of such
				application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-6 - Classification of wastewater treatment plants

Current through June, 2024
(a) Rating
				wastewater treatment plants.
(1) The board
				shall rate and classify all wastewater treatment plants. In making
				classifications, the board shall consider among other factors, the size and
				type of plants, characteristics of wastewater to be treated, and other physical
				conditions affecting such wastewater treatment plants, and the skill, knowledge
				and experience required of an operator.
(2) Individual wastewater systems, as defined
				in chapter
				11-62 such as cesspool, septic tank,
				and household aerobic unit facilities, shall be exempt from classification.
				Industrial plants for treatment of process water from oil refineries and sugar
				mills shall be exempt from classification, provided such waste streams contain
				no domestic component and provided further that they do not discharge to a
				municipal collection, treatment, or disposal system. Application for exemption
				from classification of other industrial wastewater treatment plants may be made
				to the director.
(3) In classifying
				or exempting from classification wastewater treatment plants, the board shall
				consider applicable provisions of chapter
				11-62
				regarding wastewater treatment plants and chapter
				11-23
				pertaining to the control of underground injection of wastewater.
(4) The owner of the wastewater treatment
				plant shall notify the board within thirty days of any significant change in
				treatment process, waste characteristics, and waste flow.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 61 - MANDATORY CERTIFICATION OF WASTEWATER TREATMENT PERSONNEL IN WASTEWATER TREATMENT PLANTS › Section 11-61-7 - Procedures of the board

Current through June, 2024
(a) The
				headquarters of this board shall be located in the department of health, 1350
				Sand Island Parkway, Building 3A, Honolulu, Hawaii 96819. All documents,
				instruments and properties of the board, which are under the custody of the
				board, shall be kept with the director.
(b) Five members of the board shall
				constitute a quorum to do business, and the concurrence of a majority of all
				the members of which the board is entitled shall be necessary to make any
				action of the board valid.