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 11-60.1-204 - Greenhouse gas emission reduction plan

Current through June, 2024
(a) This section
				  applies to an owner or operator of a permitted covered source, except for
				  municipal waste combustion operations, with the potential to emit GHG emissions
				  (biogenic plus non-biogenic) equal to or above 100,000 tons per year
				  CO2e. Each owner or operator of an affected source shall
				  submit a GHG emission reduction plan for the director's approval within twelve
				  (12) months of the effective date of this section. An owner or operator may
				  submit a written request for an extension 30 days prior to the
				  deadline.
(b) The GHG emission
				  reduction plan will be used to evaluate and establish an annual facility-wide
				  GHG emissions cap for the affected source in support of achieving and
				  maintaining the statewide GHG limit.
The approved facility-wide GHG emissions cap and the
					 associated provisions will be made a part of the covered source permit, and may
					 be revised through the permit process to respond to new rules, updated
					 technology, GHG reduction initiatives, and any other circumstances deemed
					 necessary by the director to facilitate the state's GHG limit.
(c) Unless substantiated by the owner or
				  operator of an affected source and approved by the director to be unattainable
				  pursuant to the GHG control assessment described in subsection 11-60.1-204(d),
				  each GHG emission reduction plan shall establish a minimum facility-wide GHG
				  emissions cap in tons per year CO2e, to be achieved by
				  2020 and maintained thereafter. The minimum facility-wide GHG emissions cap
				  shall be sixteen percent (16%) below the facility's total baseline GHG emission
				  levels less biogenic CO2 emissions, as follows:
Where:
Facility-
Facility
Facility
wide cap = (1-0.16) x
total
-
Basline
(tpy co2e)
Basline
Biogenic
Emissions
co2
							 Emissions
(tpy
							 co2e)
Where:
Facility Total Baseline Emissions (tpy
					 CO2e) = Baseline[Biogenic + Non-Biogenic GHG
					 Emissions]
Calendar year 2010 shall be used as the baseline year,
					 unless the owner or operator can provide records for the director's approval
					 demonstrating another year or an average of other years to be more
					 representative of normal operations. Newly permitted sources without an
					 operating history, shall estimate normal operations for the director's approval
					 in establishing the facility-wide GHG emissions cap.
(d) The GHG emission reduction plan required
				  of affected sources shall at a minimum include:
(1) The facility-wide baseline annual
				  emission rate (tpy CO2e). Calendar year 2010 annual
				  emissions shall be used as the baseline emissions to calculate the required
				  facility-wide GHG emissions cap, unless another baseline year or period is
				  approved by the director. Baseline emissions shall be determined in accordance
				  with section
				  11-60.1-115, separated between
				  biogenic and non-biogenic emissions, and exclude all emissions of noncompliance
				  with an applicable requirement or permit limit. The owner or operator shall
				  include the data and calculations used to determine the baseline emissions. If
				  calendar year 2010 is deemed unrepresentative of normal operations, then the
				  owner or operator may propose an alternate baseline annual emission rate for
				  the director's approval, as follows:
(A) The
				  owner or operator shall clearlydocument why calendar year 2010 is not
				  representative of normal operations and why the proposed alternate year or
				  period is more suitable based on trends, existing equipment and controls,
				  scheduled maintenance, operational practices, and any other relevant
				  information. Acceptable methods for determining alternate facility-wide
				  baseline annual emissions include:
(i) the
				  facility-wide GHG emissions (less biogenic CO2) based on
				  the most recent representative year during the five-year period ending
				  2010;
(ii) average facility-wide
				  GHG emissions (less biogenic CO2) over any consecutive
				  two-year period during the five-year period ending in 2010;
(iii) average facility-wide GHG emissions
				  (less biogenic CO2) for the five-year period ending in
				  2010; or
(iv) comparable methods as
				  approved by the director. The director will not consider the use of periods
				  greater than five years from 2010, except for extreme cases such as where an
				  affected source may not have been fully operational for an extended period of
				  time.