Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-87 - Transition period

Current through June, 2024
(a) During the
				  transition period, all owners or operators of an existing covered source shall
				  submit to the director a complete initial covered source permit application
				  according to the submission schedule in subsection (f).
(b) During the transition period, the owner
				  or operator of a covered source who has applied for but has not received an
				  authority to construct permit pursuant to repealed chapter
				  11-60 shall submit to the director a
				  complete and timely covered source permit application (less any authority to
				  construct application fee previously submitted). A covered source permit for
				  the emission unit subject to the authority to construct permit application must
				  be obtained prior to commencement of construction, modification, relocation, or
				  operation.
(c) During the
				  transition period, the owner or operator of a covered source in existence prior
				  to March 21, 1972, or a covered source that has been exempt pursuant to
				  repealed chapter 11-60, may
				  continue to operate and shall not be in violation for failing to have a covered
				  source permit, only if the owner or operator has submitted to the director a
				  complete and timely covered source permit application, and any additional
				  information necessary for the processing of the application, including the
				  additional information specified in section
				  11-60.1-83 (d).
				  The owner or operator shall continue to operate in accordance with any
				  applicable laws, regulations, or rules until the covered source permit is
				  issued or denied.
(d) Except as
				  provided in subsection (e), if an authority to construct or permit to operate
				  expires prior to the issuance of the covered source permit, the owner or
				  operator may continue to construct or operate only if the owner or operator has
				  submitted to the director a complete and timely covered source permit
				  application, and any additional information necessary for the processing of the
				  application, including the additional information specified in section
				  11-60.1-83 (d).
				  The authority to construct or permit to operate shall continue to be in effect
				  until the covered source permit is issued or denied, provided the owner or
				  operator constructs or operates in accordance with the authority to construct
				  or permit to operate, section
				  11-60.1-9, and any applicable
				  laws, regulations, or rules in effect at the time of issuance of the authority
				  to construct or permit to operate. Noncompliance with any condition of the
				  authority to construct or permit to operate is considered a violation of this
				  chapter.
(e) In the event an
				  authority to construct or permit to operate expires prior to the required
				  submission date for the initial application:
(1) The owner or operator may continue
				  construction or operation for the submittal period, provided the owner or
				  operator constructs or operates in accordance with the expired authority to
				  construct or permit to operate, section
				  11-60.1-9, and any applicable
				  laws, regulations, or rules in effect at the time of issuance of the authority
				  to construct or permit to operate; and
(2) The owner or operator of the covered
				  source may continue to construct or operate after the required submission date,
				  provided the owner or operator meets the requirements of section
				  11-60.1-9 and has submitted to the
				  director a complete and timely covered source permit application, and any
				  additional information necessary for the processing of the application,
				  including the additional information specified in section
				  11-60.1-83(d).
The authority to construct or permit to operate shall
					 continue to be in effect until the covered source permit is issued or denied,
					 provided the owner or operator constructs or operates in accordance with the
					 authority to construct or permit to operate, section
					 11-60.1-9, and any applicable
					 laws, regulations, or rules in effect at the time of issuance of the authority
					 to construct or permit to operate. Noncompliance with any condition of the
					 authority to construct or permit to operate is considered a violation of this
					 chapter.