reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-10 - Permit termination, suspension, reopening, and amendment

Current through June, 2024
(a) The director, at the director's sole
				  discretion or on the petition of any person, may terminate, suspend, reopen, or
				  amend any permit if, after affording the permittee an opportunity for a hearing
				  in accordance with chapter
				  91, HRS, the director determines that:
(1) The permit contains a material mistake
				  made in establishing the emissions limitations or other requirements of the
				  permit;
(2) Permit action is
				  required to assure compliance with the requirements of the Act; chapter
				  342B, HRS; and this
				  chapter;
(3) Permit action is
				  required to address additional requirements of the Act; chapter
				  342B, HRS; and this
				  chapter;
(4) There is a violation
				  of any condition of the permit;
(5)
				  The permit was obtained by misrepresentation or failure to disclose fully all
				  relevant facts;
(6) The source is
				  constructed or operated not in accordance with the application for the
				  noncovered or covered source permit and any information submitted as part of
				  the application;
(7) There is a
				  change in any condition that requires either a temporary or permanent reduction
				  or elimination of the permitted discharge;
(8) More frequent monitoring or reporting by
				  the permittee is required; or
(9)
				  Such is in the public interest, as determined pursuant to section
				  342B-27,
				  HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-11 - Sampling, testing, and reporting methods

Current through June, 2024
(a) All sampling
				  and testing shall be made and the results calculated in accordance with the
				  reference methods specified by EPA, or in the absence of an EPA reference
				  method, test procedures approved by the director. All tests shall be made under
				  the direction of persons knowledgeable in the field of air emissions
				  measurement testing.
(b) The
				  department may conduct tests of emissions of air pollutants from any source.
				  Upon request of the director, an owner or operator of a stationary source may
				  be required to conduct tests of emissions of air pollutants at the owner or
				  operator's expense. The owner or operator of the stationary source to be tested
				  shall provide necessary ports in stacks or ducts and such other safe and proper
				  sampling and testing facilities, exclusive of instruments and sensing devices,
				  as may be necessary for proper determination of the emissions of air
				  pollutants.
(c) The director may
				  require the owner or operator of any stationary source to maintain files on
				  information concerning pertinent process and material flow, fuels used, nature
				  and amount and time periods or durations of emissions, or any other information
				  as may be deemed necessary by the director to determine whether the stationary
				  source complies with applicable emission limitations, NAAQS, any state ambient
				  air quality standard, or other provisions of this chapter in a permanent form
				  suitable for inspection or in a manner authorized by the director.
(d) The information recorded shall be
				  summarized and reported to the director as specified in the permit and in
				  accordance with any requirement of this chapter. Recording periods shall be
				  January 1 to June 30 and July 1 to December 31, or any other period specified
				  by the director, except the initial recording period shall commence on the date
				  the director issues the notification of the recordkeeping requirements. The
				  director may require the owner or operator to submit any reported summary to
				  the Administrator.
(e) Information
				  recorded by the owner or operator of a stationary source and copies of the
				  summarizing reports submitted to the director shall be retained by the owner or
				  operator for a specified time period from the date on which the information is
				  recorded or the pertinent report is submitted. The specified time period shall
				  be as required in sections
				  11-60.1-68(5) (F)
				  or 11-60.1-90(7) (H)
				  or as identified within an applicable requirement for the stationary
				  source.
(f) Owners or operators of
				  stationary sources shall correlate applicable emission limitations and other
				  requirements within the report.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-12 - Air quality models

Current through June, 2024
(a) All required
				  estimates of ambient concentrations shall be based on the applicable air
				  quality models, data bases, and other requirements specified in 40 CFR Part 51,
				  Appendix W.
(b) Where an air
				  quality model specified in 40 CFR Part 51, Appendix W is inappropriate, the
				  model may be modified or another model substituted on written request to and
				  written approval from the director. 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 proposed modifications or substitutions
				  of an air quality model. Written approval from the director, and EPA through
				  the director shall be obtained for any modification or substitution. Guidelines
				  identified in 40 CFR Part 51, Appendix W for substituting or using alternate
				  models shall be used in determining the acceptability of a substitute or
				  alternate model.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-13 - Operations of monitoring stations

Current through June, 2024
The EPA monitoring requirements of Appendices A, C, D and E
					 to 40 CFR Part 58, "Ambient Air Quality Surveillance," shall be met as a
					 minimum during the operation of any monitoring stations required by the
					 director or this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-14 - Public access to information

Current through June, 2024
(a) Except as
				  provided in subsection (b), the following information shall be considered
				  government records and as such shall be available for public inspection
				  pursuant to chapter 92F, HRS,
				  unless access is restricted or closed by law:
(1) All permit applications;
(2) All supporting information for permit
				  applications;
(3) Compliance plans
				  and schedules;
(4) Reports and
				  results associated with performance tests and continuous emission
				  monitors;
(5) Ambient air
				  monitoring data and emissions inventory data;
(6) Certifications;
(7) Any other information submitted to the
				  department pursuant to the noncovered and covered source permit
				  program;
(8) Proposed GHG emission
				  reduction plans;
(9) Permits;
				  and
(10) Public comments or
				  testimonies received during any public comment period or public
				  hearing.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-15 - Reporting of equipment shutdown

Current through June, 2024
(a) In the case of
				  shutdown of air pollution control equipment for necessary scheduled
				  maintenance, the intent to shut down such equipment shall be reported to the
				  director at least twenty-four hours prior to the planned shutdown. The prior
				  notice shall include:
(1) Identification of
				  the specific equipment to be taken out of service as well as its location and
				  permit number;
(2) The expected
				  length of time that the air pollution control equipment will be out of
				  service;
(3) The nature and
				  quantity of emissions of air pollutants likely to be emitted during the
				  shutdown period;
(4) Measures such
				  as the use of off-shift labor and equipment that will be taken to minimize the
				  length of the shutdown period; and
(5) The reasons why it would be impossible or
				  impractical to shut down the source operation during the maintenance
				  period.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-16 - Prompt reporting of deviations

Current through June, 2024
(a) Except for
				  emergencies which result in noncompliance with any technology-based emission
				  limitation pursuant to section
				  11-60.1-16.5, in the event any
				  emission unit, air pollution control equipment, or related equipment
				  malfunctions or breaks down in such a manner as to cause the emission of air
				  pollutants in violation of this chapter or a permit, the owner or operator
				  shall immediately notify the department of the malfunction or breakdown, unless
				  the protection of personnel or public health or safety demands immediate
				  attention to the malfunction or breakdown and makes such notification
				  infeasible. In the latter case, the notice shall be provided as soon as
				  practicable.
(b) The owner or
				  operator shall provide the following information in writing within five working
				  days of the notification:
(1) Identification
				  of each affected emission point and each emission limit exceeded;
(2) Magnitude of each excess
				  emission;
(3) Time and duration of
				  each excess emission;
(4) Identity
				  of the process or control equipment causing each excess emission;
(5) Cause and nature of each excess
				  emission;
(6) Description of the
				  steps taken to remedy the situation, prevent a recurrence, limit the excessive
				  emissions, and assure that the malfunction or breakdown does not interfere with
				  the attainment and maintenance of the NAAQS and state ambient air quality
				  standards;
(7) Documentation that
				  the equipment or process was at all times maintained and operated in a manner
				  consistent with good practice for minimizing emissions; and
(8) A statement that the excess emissions are
				  not part of a recurring pattern indicative of inadequate design, operation, or
				  maintenance.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-16.5 - Emergency provision

Current through June, 2024
(a) An emergency
				  constitutes an affirmative defense to any action brought for noncompliance with
				  any technology-based emission limitation, if it can be demonstrated to the
				  director through properly signed, contemporaneous operating logs, or other
				  relevant evidence that:
(1) An emergency
				  occurred and the owner or operator of the source can identify the cause or
				  causes of the emergency;
(2) The
				  permitted facility was at the time being properly operated;
(3) During the period of the emergency, the
				  owner or operator of the source took all reasonable steps to minimize emission
				  levels that exceeded the emission limitations or other requirements in the
				  covered or noncovered source permit; and
(4) The owner or operator of the source
				  submitted written notice of the emergency to the director within two working
				  days of the time when emission limitations were exceeded due to the emergency,
				  provided that the notice contained a description of the emergency, any steps
				  taken to mitigate emissions, and corrective actions taken.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-17 - Prevention of air pollution emergency episodes

Current through June, 2024
(a) This
				  section is designed to prevent the excessive buildup of air contaminants during
				  air pollution episodes, thereby preventing the occurrence of any emergency due
				  to the effects of these contaminants on the public health.
(b) Conditions justifying the proclamation of
				  an air pollution alert, air pollution warning, or air pollution emergency shall
				  be deemed to exist whenever the director determines that the accumulation of
				  air contaminants in any place is attaining or has attained levels which could,
				  if such levels are sustained or exceeded, lead to a threat to the health of the
				  public. In making this determination, the director shall be guided by the
				  criteria set forth in subsections (c) to (g).
(c) If the national weather service issues an
				  atmospheric stagnation advisory or if an equivalent local forecast of stagnant
				  atmospheric conditions is issued, the department shall survey its monitoring
				  stations to determine whether alert, warning, or emergency levels have occurred
				  or are likely to occur.
(d) The
				  alert level is that concentration of pollutants at which first stage control
				  action is to begin. An alert shall be declared, health advisories issued, and
				  source activities curtailed as ordered by the director when any one of the
				  following levels is reached:
(1)
				  SO2 - eight hundred
				  µg/m3 (0.3 ppm), twenty-four-hour
				  average;
(2)
				  PM10 - three hundred fifty
				  µg/m3, twenty-four-hour average;
(3) SO2 and
				  particulate matter combined - product of SO2,
				  µ/m3, twenty-four-hour average and particulate
				  matter, µg/m3 twenty-four-hour average equal
				  to 65 X 103;
(4) CO - seventeen
				  mg/m3 (fifteen ppm), eight-hour average;
(5) Ozone - four hundred
				  µg/m3 (0.2 ppm), one-hour average;
				  or
(6) NO2 -
				  one thousand one hundred thirty µg/m3 (0.6
				  ppm), one-hour average; two hundred eighty-two
				  µg/m3 (0.15 ppm), twenty-four-hour average;
				  and meteorological conditions are such that this condition can be expected to
				  continue for twelve or more hours.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-18 - Variances

Current through June, 2024
(a) Variances and variance applications shall
				  comply with section 342B-14, HRS, except that no
				  variance shall prevent or interfere with the maintenance or attainment of
				  NAAQS. Any application for a variance shall include a calculation and
				  description of any change in emissions and the expected ambient air quality
				  concentrations.
(b) Under no
				  circumstances shall a variance from any federal regulations or covered source
				  federally enforceable permit terms and conditions be granted.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-19 - Penalties and remedies

Current through June, 2024
Any person who violates any provision of this chapter, any
					 term or condition of a permit, or any term or condition of an agricultural
					 burning permit shall be subject to the penalties and remedies provided for in
					 sections 342B-42,
					 342B-44,
					 342B-47, and
					 342B-48, HRS.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 1 - GENERAL REQUIREMENTS › Section 11-60.1-20 - Severability

Current through June, 2024
If any provision of this chapter or its application to any
					 person or circumstance is held invalid, the application of such provision to
					 other persons or circumstances and the remainder of this chapter shall not be
					 affected thereby.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-31 - Applicability

Current through June, 2024
(a) All owners or operators of an air
				  pollution source are subject to the requirements of this subchapter, whether or
				  not the source is required to obtain a noncovered or covered source
				  permit.
(b) In the event any
				  federal or state laws, rules, or regulations are in conflict with the
				  provisions of this subchapter, the most stringent requirement shall
				  apply.
(c) This section shall apply
				  to all federal and state laws, rules, or regulations implemented through this
				  chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-32 - Visible emissions

Current through June, 2024
(a) Visible
				  emission restrictions for stationary sources which commenced construction or
				  were in operation before March 21, 1972, shall be as follows:
(1) No person shall cause or permit the
				  emission of visible air pollutants of a density equal to or darker than forty
				  percent opacity, except as provided in paragraph (2);
(2) During start-up, shutdown, or when a
				  malfunction of equipment occurs, a person may discharge into the atmosphere
				  from any single source of emission, for a period aggregating not more than six
				  minutes in any sixty minutes, air pollutants of a density not darker than sixty
				  percent opacity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-33 - Fugitive dust

Current through June, 2024
(a) No person shall cause or permit visible
				  fugitive dust to become airborne without taking reasonable precautions.
				  Examples of reasonable precautions are:
(1)
				  Use of water or suitable chemicals for control of fugitive dust in the
				  demolition of existing buildings or structures, construction operations, the
				  grading of roads, or the clearing of land;
(2) Application of asphalt, water, or
				  suitable chemicals on roads, material stockpiles, and other surfaces which may
				  result in fugitive dust;
(3)
				  Installation and use of hoods, fans, and fabric filters to enclose and vent the
				  handling of dusty materials. Reasonable containment methods shall be employed
				  during sandblasting or other similar operations;
(4) Covering all moving, open-bodied trucks
				  transporting materials which may result in fugitive dust;
(5) Conducting agricultural operations, such
				  as tilling of land and the application of fertilizers, in such manner as to
				  reasonably minimize fugitive dust;
(6) Maintenance of roadways in a clean
				  manner; and
(7) Prompt removal of
				  earth or other materials from paved streets which have been transported there
				  by trucking, earth-moving equipment, erosion, or other means.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-34 - Motor vehicles

Current through June, 2024
(a) No person shall
				  operate a gasoline-powered motor vehicle which emits visible smoke while upon
				  streets, roads, or highways.
(b) No
				  person shall operate a diesel-powered motor vehicle which emits visible smoke
				  for a period of more than five consecutive seconds while upon streets, roads,
				  or highways.
(c) No person shall
				  cause, suffer, or allow any engine to be in operation while the motor vehicle
				  is stationary at a loading zone, parking or servicing area, route terminal, or
				  other off street areas, except:
(1) During
				  adjustment or repair of the engine at a garage or similar place of
				  repair;
(2) During operation of
				  ready-mix trucks, cranes, hoists, and certain bulk carriers, or other auxiliary
				  equipment built onto the vehicle or equipment that require power take-off from
				  the engine, provided that there is no visible discharge of smoke and the
				  equipment is being used and operated for the purposes as originally designed
				  and intended. This exception shall not apply to operations of air conditioning
				  equipment or systems;
(3) During
				  the loading or unloading of passengers, not to exceed three minutes;
				  and
(4) During the buildup of
				  pressure at the startup and cooling down at the closing down of the engine for
				  a period of not more than three minutes.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-35 - Incineration

Current through June, 2024
(a) No person shall cause or permit the
				  emissions of particulate matter to exceed 0.20 pounds per one hundred pounds
				  (two grams per kilogram) of refuse charged from any incinerator.
(b) Compliance with particulate matter
				  emissions requirements shall be determined by evaluating particulate matter
				  emissions pursuant to 40 CFR Part 60, Appendix A-3, Method 5 or other EPA
				  approved methods.
(c) All required
				  emission tests shall be conducted at the maximum burning capacity of the
				  incinerator.
(d) The burning
				  capacity of an incinerator shall be the manufacturer's or designer's guaranteed
				  maximum rate.
(e) For the purposes
				  of this section, the total of the capacities of all furnaces within one system
				  shall be considered as the incineration capacity.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-36 - Biomass fuel burning boilers

Current through June, 2024
(a) No person shall
				  cause or permit the emissions of particulate matter from each biomass burning
				  boiler and its drier or driers in excess of 0.40 pounds per one hundred pounds
				  (four grams per kilogram) of biomass as burned.
(b) Compliance with particulate matter
				  emissions requirements shall be determined by evaluating particulate matter
				  emissions pursuant to 40 CFR Part 60, Appendix A-3, Method 5 or other EPA
				  approved methods.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-37 - Process industries

Current through June, 2024
(a) No person shall
				  cause or permit the emission of particulate matter in any one hour from any
				  stack or stacks, except for incinerators and biomass fuel burning boilers, in
				  excess of the amount determined by the equation E = 4.10
				  p0.67, where E = rate of emission in pounds per hour
				  and p = process weight rate in tons per hour, except that no rate of emissions
				  shall exceed forty pounds per hour regardless of the process weight
				  rate.
(b) Rate of emissions shall
				  be determined by evaluating particulate matter emissions pursuant to 40 CFR
				  Part 60, Appendix A-3, Method 5 or other EPA approved methods.
(c) Process weight per hour is the total
				  weight of all materials introduced into any specific process that may cause any
				  emission of particulate matter through any stack or stacks. Solid fuels charged
				  shall be considered as part of the process weight, but liquid and gaseous fuels
				  and combustion air shall not. For a cyclical or batch operation, the process
				  weight per hour shall be derived by dividing the total process weight by the
				  number of hours in one complete operation from the beginning of any given
				  process to the completion thereof, including any time during which the
				  equipment is idle. For a continuous operation, the process weight per hour
				  shall be derived for a typical period of time by the number of hours of the
				  period.
(d) Where the nature of any
				  process or operation or the design of any equipment is such as to permit more
				  than one interpretation, the interpretation that results in the minimum value
				  for the allowable emission shall apply.
(e) For purposes of this section, a process
				  is any method, reaction, or operation whereby materials introduced into the
				  process undergo physical or chemical change. A specific process is one which
				  includes all of the equipment and facilities necessary for the completion of
				  the transformation of the materials to produce a physical or chemical change.
				  There may be several specific processes in series necessary to the manufacture
				  of a product. However, where there are parallel series of specific processes,
				  the similar parallel specific processes shall be considered as a single
				  specific process.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-38 - Sulfur oxides from fuel combustion

Current through June, 2024
(a) No person shall
				  burn any fuel containing in excess of two percent sulfur by weight.
(b) No person shall burn any fuel containing
				  in excess of 0.50 percent sulfur by weight in any fossil fuel fired power and
				  steam generating unit having a power generating output in excess of twenty-five
				  megawatts or a heat input greater than two hundred fifty million BTU per
				  hour.
(c) Compliance with sulfur by
				  weight requirements shall be determined by evaluating sulfur by weight pursuant
				  to
American Society for Testing and Materials (ASTM)
methods.
(1) For liquid fuels: ASTM D129-00(2005)
				  Standard Test Method for Sulfur in Petroleum Products (General Bomb Method);
				  D2622-05 Standard Test Method for Sulfur in Petroleum Products by Wavelength
				  Dispersive X-ray Fluorescence Spectrometry; D4294-03 Standard Test Method for
				  Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray
				  Fluorescence Spectrometry; D5453-05 Standard Test Method for Determination of
				  Total Sulfur in Light Hydrocarbons, Motor Fuels and Oils by Ultraviolet
				  Fluorescence; or other EPA approved methods.
(2) For gaseous fuels: ASTM 01072-90(1999)
				  Standard Test Method for Total Sulfur in Fuel Gases; D3246-05 Standard Test
				  Method for Sulfur in Petroleum Gas by Oxidative Microcoulometry; 04810-88(1999)
				  Standard Test Method for Hydrogen Sulfide in Natural Gas Using Length-of-Stain
				  Detector Tubes; 06228-98(2003), D6667-01 or Gas Processors Association Standard
				  2377-86 Test for Hydrogen Sulfide and Carbon Dioxide in Natural Gas Using
				  Length-of-Stain Tubes; or other EPA approved methods.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-39 - Storage of volatile organic compounds

Current through June, 2024
(a) Except as
				  provided in subsection (c), no person shall place, store, or hold in any
				  stationary tank, reservoir, or other container of more than a forty
				  thousand-gallon (one hundred fifty thousand-liter) capacity any volatile
				  organic compound which, as stored, has a true vapor pressure equal to or
				  greater than 1.5 pounds per square inch absolute unless the tank, reservoir, or
				  other container is pressurized and capable of maintaining working pressures
				  sufficient at all times to prevent vapor or gas loss to the atmosphere or is
				  designed and equipped with one of the following vapor loss control devices:
(1) A floating roof, consisting of a pontoon
				  type roof, double deck type roof or internal floating cover roof, which will
				  rest on the surface of the liquid contents and be equipped with a closure seal
				  or seals to close the space between the roof edge and tank wall. This control
				  equipment shall not be permitted if the volatile organic compounds have a vapor
				  pressure of eleven pounds per square inch absolute (five hundred sixty-eight
				  millimeters of mercury) or greater under actual storage conditions. All tank
				  gauging or sampling devices shall be gas-tight except when tank gauging or
				  sampling is taking place;
(2) A
				  vapor recovery system, consisting of a vapor gathering system capable of
				  collecting the volatile organic compound vapors and gases discharged, and a
				  vapor disposal system capable of processing such volatile organic compound
				  vapors and gases to prevent their emission to the atmosphere. All tank gauging
				  and sampling devices shall be gas-tight except when gauging or sampling is
				  taking place; or
(3) Other equipment
				  or means of equal efficiency for purposes of air pollution control may be
				  approved by the director after demonstrating equivalence to the director by one
				  of the following methods:
(A) an actual
				  emissions test in a full size or scale sealed tank facility which accurately
				  collects and measures all hydrocarbon emissions associated with a given closure
				  device, and which accurately simulates other emission variables, such as
				  temperature, barometric pressure and wind. The test facility shall be subject
				  to prior approval by the director, or
(B) a pressure leak test, engineering
				  evaluation or other means where the director determines that the same is an
				  accurate method of determining equivalence.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-40 - Volatile organic compound water separation

Current through June, 2024
(a) No
				  person shall use any single or multiple compartment volatile organic compound
				  water separator which receives effluent water containing two hundred gallons
				  (seven hundred sixty liters) or more of any volatile organic compound a day
				  from any equipment that is processing, refining, treating, storing, or handling
				  volatile organic compounds having a Reid vapor pressure of 0.5 pounds per
				  square inch or greater unless such compartment is equipped with a properly
				  installed vapor loss control device described as follows and which is in good
				  working order, and in operation:
(1) A
				  container having all openings sealed which totally encloses the liquid content.
				  All gauging and sampling devices shall be gas-tight except when gauging or
				  sampling is taking place;
(2) A
				  container equipped with a floating roof, consisting of a pontoon type roof,
				  double deck-type roof, or internal floating cover roof, which will rest on the
				  surface of the liquid contents and be equipped with a closure seal or seals to
				  close the space between the roof edge and container wall. All gauging and
				  sampling devices shall be gas-tight except when gauging or sampling is taking
				  place;
(3) A container equipped
				  with a vapor recovery system consisting of a vapor gathering system capable of
				  collecting the volatile organic compound vapors and gases discharged, and a
				  vapor disposal system capable of processing such volatile organic compound
				  vapors and gases to prevent their emission to the atmosphere. All container
				  gauging and sampling devices shall be gas-tight except when gauging and
				  sampling is taking place; or
(4) A
				  container having other equipment of equal efficiency for purposes of air
				  pollution control may be approved by the director after demonstrating
				  equivalence to the director by one of the following methods:
(A) an actual emissions test in a full size
				  or scale sealed tank facility which accurately collects and measures all
				  hydrocarbon emissions associated with a given closure device, and which
				  accurately simulates other emission variables, such as temperature, barometric
				  pressure and wind. The test facility shall be subject to prior approval by the
				  director, or
(B) a pressure leak
				  test, engineering evaluation or other means where the director determines that
				  the same is an accurate method of determining equivalence.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-41 - Pump and compressor requirements

Current through June, 2024
(a) All pumps and
				  compressors handling volatile organic compounds having a Reid vapor pressure of
				  1.5 pounds per square inch or greater which can be fitted with mechanical seals
				  shall have mechanical seals or other equipment of equal efficiency for purposes
				  of air pollution control as may be approved by the director. Pumps and
				  compressors not capable of being fitted with mechanical seals, such as
				  reciprocating pumps, shall be fitted with the best sealing system available for
				  air pollution control given the particular design of pump or compressor as may
				  be approved by the director. In either case, all pumps and compressors shall be
				  vapor tight where the reading on a portable hydrocarbon meter is less than 500
				  parts per million (ppm), expressed as methane, above background.
(b) Compliance with Reid vapor pressure
				  requirements shall be determined by evaluating Reid vapor pressure pursuant to
				  ASTM Method D323-99 or other EPA approved methods.
(c) Compliance with vapor tight requirements
				  shall be determined by evaluating vapor tightness pursuant to EPA Method 21 or
				  other EPA approved methods.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-42 - Waste gas disposal

Current through June, 2024
(a) No person shall
				  cause or permit the emissions of gas streams containing volatile organic
				  compounds from a vapor blowdown system unless these gases are burned by
				  smokeless flares, or abated by an equally effective control device as approved
				  by the director,
(b) Compliance
				  with smokeless flare or equally effective control device requirements shall be
				  in accordance with section
				  11-60.1-32.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 2 - GENERAL PROHIBITIONS › Section 11-60.1-43 - All operation and maintenance of permitted source

Current through June, 2024
Permittees shall, at all times, operate and maintain their
					 permitted source, including air pollution control and monitoring equipment, in
					 a manner consistent with good air pollution control practices for minimizing
					 emissions, at a minimum, to the levels required by their permits.
Determination of whether such operation and maintenance
					 procedures are being used will be based on information available to the
					 director, which may include, but is not limited to, monitoring results, review
					 of operation and maintenance procedures, review of operation and maintenance
					 records, and inspection of the source.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-52 - General provisions

Current through June, 2024
(a) Except as
				  provided in subsections (b), (c), (d), (e) and section
				  11-60.1-53, no person shall cause,
				  permit, or maintain any open burning. Any open burning is the responsibility of
				  the person owning, operating, or managing the property, premises, business
				  establishment, or industry where the open burning is occurring. Subsections
				  (b), (c), (d), (e) and section
				  11-60.1-53 shall not apply to the
				  open burning of human remains or animal carcasses unless the activities fall
				  under the exemptions found in paragraph (d)(2).
(b) Subsection (a) shall not apply to
				  attended fires for the cooking of food provided that:
(1) Only untreated dry wood, charcoal,
				  natural or synthetic natural gas, butane, propane, or cooking fuel is used,
				  and
(2) If visible smoke enters any
				  residence, business or public area, best practical measures to eliminate the
				  smoke, including extinguishing the fire, are taken.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-53 - Agricultural burning: permit applicability

Current through June, 2024
No person engaged in any agricultural operation, forest
					 management, or range improvement shall cause or allow agricultural burning
					 without first obtaining an agricultural burning permit from the director. Any
					 person who fails to comply with the terms and conditions of the permit or this
					 chapter shall be subject to the penalties and remedies provided for in sections
					 342B-42,
					 342B-44,
					 342B-47, and
					 342B-48, HRS, including the
					 invalidation of the permit. No agricultural permit shall be granted for, or be
					 construed to permit:
(1) The open
				  burning of trash, waste, or byproducts generated outside the permitted
				  property;
(2) The open burning of
				  trash or other waste that has been handled or processed by factory operations,
				  not including material from the field; or
(3) The open burning of any waste for the
				  clearing of land.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-54 - Agricultural burning permit application

Current through June, 2024
(a) Application for
				  an agricultural burning permit shall be made on forms furnished by the
				  director. The application shall include the following:
(1) Business license information or
				  commercial agricultural activity general excise tax license, if
				  applicable;
(2) Maps of areas to be
				  burned showing fields by appropriate numbers and acreage, direction of
				  prevailing winds, location of residential, school, and commercial
				  establishments, public buildings, airports, and public utilities;
(3) The designation of fields to be burned
				  under specified wind conditions; and
(4) Any other information as required and
				  deemed necessary by the director to make a decision on the
				  application.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-55 - Agricultural burning or conditionally allowed open burning from subsection 11-601-52(e): "no-burn" periods

Current through June, 2024
(a) Except as
				  provided in subsection (f), no person, with or without an agricultural burning
				  permit, shall cause or allow agricultural burning or conditionally allowed open
				  burning from subsection
				  11-60.1-52(e)
				  when a "no-burn" period has been declared by the director.
(b) "No-burn" periods shall be determined by
				  current and forecasted weather conditions which inhibit the dispersion of air
				  pollutants. A no-burn period may be declared if unfavorable meteorological
				  conditions such as high winds, temperature inversions and air stagnation are
				  existing and forecasted to continue or deteriorate. If forecasting is
				  unavailable, "no-burn" periods shall be determined based on
				  visibility.
(c) Visibility shall be
				  used as the basis for determining "no-burn" periods when forecasting is not
				  possible or not available. A "no-burn" call based on visibility shall be made
				  under the following conditions:
(1) When the
				  director determines that meteorological conditions have resulted in widespread
				  haze on any island or in any district on the island and that these
				  meteorological conditions will continue or deteriorate. For the purposes of
				  this section, widespread haze shall be considered to exist when all visible
				  ridges:
(A) Within five to ten miles have a
				  'smoky" or bluish appearance and colors are subdued; and
(B) Beyond ten miles have a blurred
				  appearance;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-56 - Agricultural burning: recordkeeping and monitoring

Current through June, 2024
Each permittee shall monitor and maintain records in
					 accordance with the agricultural burning permit issued by the
					 director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-57 - Agricultural burning: action on application

Current through June, 2024
(a) The director
				  shall act on a complete application within a reasonable time, but not to exceed
				  ninety calendar days from the date the complete application is received, and
				  shall notify the applicant in writing of the approval or denial of the
				  application. If the director has not acted on an application within the ninety
				  calendar-day period, the application shall be deemed to have been
				  approved.
(b) If an application is
				  denied, the applicant may request in writing, a re-evaluation of the
				  application to the director.
(c) If
				  the application is denied after the re-evaluation, the applicant may request a
				  hearing in accordance with chapter
				  91, HRS.
(d) The permit may be granted for a period of
				  up to one year from the date of issuance.
(e) At the director's sole discretion or the
				  application of any person, the director may terminate, suspend, reopen, or
				  amend a permit if, after affording the applicant a hearing in accordance with
				  chapter 91, HRS, it is
				  determined that:
(1) Any condition of the
				  permit has been violated;
(2) Any
				  provision of this chapter has been violated;
(3) Any provision of chapter
				  342B, HRS, has been
				  violated;
(4) The maintenance or
				  attainment of NAAQS and state ambient air quality standards will be interfered
				  with; or
(5) The action is in the
				  public interest.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 3 - OPEN BURNING › Section 11-60.1-58 - Agricultural burning: permit content

Current through June, 2024
The director shall consider and incorporate the following
					 elements into an agricultural burning permit, as applicable:
(1) Notification of appropriate authorities
				  prior to each burn;
(2) The type
				  and amount of material allowed to be burned and the time period(s) when burning
				  is allowed;
(3) Proper fire and
				  safety control measures;
(4)
				  Operator or permittee must allow the director or an authorized representative,
				  upon presentation of credentials, to enter the burn location and inspect, all
				  facilities, practices, and operations, or records covered under the terms and
				  conditions of the permit; and
(5)
				  Any other provision to assure compliance with all applicable requirements of
				  HAR Chapter 11-60.1.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-61 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise defined for
					 purposes of a particular section or subsection of this subchapter:
"Applicable requirement" means all of the following as they
					 apply to emissions units in a noncovered source:
(1) Any NAAQS or state ambient air quality
				  standard;
(2) Any standard or other
				  requirement approved pursuant to Section 111 of the Act, including Section
				  111(d);
(3) Any standard or other
				  requirement approved pursuant to Section 112 of the Act, including any
				  requirement concerning accident prevention approved pursuant to Section
				  112(r)(7) of the Act;
(4) The
				  application of best available control technology to control a regulated air
				  pollutant, but only as best available control technology would apply to new
				  noncovered sources and modifications to noncovered sources that have the
				  potential to emit or increase emissions above significant amounts considering
				  any limitations, enforceable by the director, on the noncovered source to emit
				  a pollutant; and
(5) Any standard
				  or other requirement provided for in chapter
				  342B, HRS; this chapter; or chapter
				  11-59.
"General permit" means a noncovered source permit covering
					 numerous similar sources that meets the requirements of section
					 11-60.1-70.
"Modification" means a physical change in or a change in
					 the method of operation of a stationary source which increases the amount of
					 any air pollutant emitted by such source or which results in the emission of
					 any air pollutant not previously emitted; or every significant change in
					 existing monitoring requirements, and every relaxation of, or significant
					 change in reporting or recordkeeping requirements. Routine maintenance, repair,
					 and replacement of parts shall not be considered a modification.
"Temporary noncovered source" means a noncovered source
					 that is intended to be operated at multiple locations for a designated period
					 of time at each location. The operation of the source shall be temporary and
					 involve at least one change of location during the term of a noncovered source
					 permit.
"Timely application" means:
(1) An initial application for a noncovered
				  source permit which is submitted to the director in accordance with the
				  schedule for application submittal specified in section
				  11-60.1-66; or
(2) An application for a noncovered source
				  permit renewal which is submitted to the director at least sixty days prior to
				  the date of permit expiration.