reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-62 - Applicability

Current through June, 2024
(a) Except as provided in subsections (d) and
				  (g) and section
				  11-60.1-66, no person shall burn
				  used or waste oil or begin construction, reconstruction, modification,
				  relocation, or operation of an emission unit or air pollution control equipment
				  of any noncovered source without first obtaining a noncovered source permit
				  from the director. The construction, reconstruction, modification, relocation,
				  or operation shall continue only if the owner or operator of a noncovered
				  source holds a valid noncovered source permit. An owner or operator of a
				  grandfathered noncovered source, one constructed, modified, or relocated on or
				  prior to March 20, 1972, may be required by the director to obtain a noncovered
				  source permit if the source is found to operate in violation of an applicable
				  requirement, or is found to have improper or inadequate air pollution
				  controls.
(b) The noncovered source
				  permit shall remain valid past the expiration date and the noncovered source
				  shall not be in violation for failing to have a noncovered source permit, until
				  the director has issued or denied a renewal of the noncovered source permit
				  provided:
(1) Prior to permit expiration, a
				  timely and complete renewal application has been submitted and the owner or
				  operator acts consistently with the permit previously granted, the application
				  on which it was based, and all plans, specifications, and other information
				  submitted as part of the application; and
(2) The owner or operator has submitted to
				  the director within the specified deadlines all requested additional
				  information deemed necessary to evaluate or take final action on the renewal
				  application, as described in section
				  11-60.1-74(e).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-63 - Initial noncovered source permit application

Current through June, 2024
(a) Every
				  application for an initial noncovered source permit shall be submitted to the
				  director on forms furnished by the director. The applicant shall submit
				  sufficient information to enable the director to make a decision on the
				  application. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-64 - Duty to supplement or correct permit applications

Current through June, 2024
Any applicant for a noncovered source permit who fails to
					 submit any relevant facts or who has submitted incorrect information in any
					 permit application shall, upon becoming aware of such failure or incorrect
					 submittal, promptly submit such supplementary facts or corrected information.
					 In addition, an applicant shall provide additional information as necessary to
					 address any requirements that become applicable to the source after the date it
					 filed a complete application, but prior to the issuance of the noncovered
					 source permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-65 - Compliance plan

Current through June, 2024
(a) A compliance plan shall be submitted with
				  every initial application for a noncovered source, temporary noncovered source,
				  and general noncovered source permit, application for a noncovered source
				  permit renewal, and application for a modification to a noncovered source, and
				  at such other times as requested by the director.
(b) The owner or operator of a noncovered
				  source shall submit to the director for approval a compliance plan which
				  includes at a minimum the following information:
(1) A description of the compliance status of
				  the existing noncovered source or proposed source with respect to all the
				  applicable requirements; and
(2)
				  The following statement or description and compliance schedule, as applicable:
(A) For applicable requirements with which
				  the source is in compliance, a statement that the source is in compliance and
				  will continue to comply with such requirements;
(B) For applicable requirements which become
				  applicable during the permit term, a statement that the source on a timely
				  basis will meet all such applicable requirements and a detailed schedule if
				  required by the applicable requirement. The statement shall include
				  documentation on the proposed method the owner or operator plans to initiate to
				  obtain compliance; and a compliance schedule demonstrating that the source will
				  meet such applicable requirement by the date specified in the applicable
				  requirement; or
(C) For applicable
				  requirements with which the source is not in compliance, a narrative
				  description of how the source will achieve compliance with all such applicable
				  requirements; and a detailed compliance schedule containing specific milestones
				  of remedial measures to obtain compliance, allowing for an enforceable sequence
				  of actions. Any compliance schedule shall resemble and shall be at least as
				  stringent as any judicial consent decree or administrative order that applies
				  to the source. The schedule shall not sanction noncompliance with the
				  applicable requirements on which the schedule is based.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-67 - Perroit term

Current through June, 2024
(a) A noncovered source permit shall not be
				  issued for any term exceeding five years.
(b) A noncovered source permit may be renewed
				  for any term not to exceed five years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-68 - Permit content

Current through June, 2024
The director shall consider and incorporate the following
					 elements into a noncovered source permit as applicable:
(1) Emission limitations and standards,
				  including operational requirements and limitations to assure compliance with
				  all applicable requirements at the time of permit issuance;
(2) Permit term pursuant to section
				  11-60.1-67;
(3) Requirements for the installation of
				  devices, at the expense of the owner or operator, for the measurement or
				  analysis of source emissions or ambient concentrations of air
				  pollutants;
(4) The requirement for
				  source emissions tests or alternative methodology to determine compliance with
				  the terms and conditions of the noncovered source permit and applicable
				  requirements. Source emission tests conducted or alternative methodology used
				  shall be at the expense of the owner or operator;
(5) Monitoring and related recordkeeping and
				  reporting requirements to assure compliance with all the terms and conditions
				  of the permit, including:
(A) Monitoring
				  results expressed in units, averaging periods, and other statistical
				  conventions consistent with the applicable requirements;
(B) Requirements concerning the use,
				  maintenance, and installation of monitoring equipment. The installation,
				  operation, and maintenance of the monitoring equipment shall be at the expense
				  of the owner or operator;
(C)
				  Appropriate monitoring methods;
(D)
				  Monitoring records including:
(i) Place as
				  defined in the permit, date, and time of sampling or measurements;
(ii) Dates the analyses were performed;
(iii) The name and address of the
				  company or entity that performed the analyses;
(iv) Analytical techniques or methods used;
(v) Analyses results; and
(vi) Operating conditions during
				  the time of sampling or measurement;
(E) Other records including support
				  information, such as calibration and maintenance records, original stripchart
				  recordings or computer printouts for continuous monitoring instrumentation, and
				  all other reports required by the director;
(F) A requirement for the retention of
				  records of all required monitoring data and support information for a period of
				  at least three years from the date of the monitoring sample, measurement,
				  report, or application. Support information includes all calibration and
				  maintenance records and all original stripchart recordings for continuous
				  monitoring instrumentation, and copies of all reports required by the permit;
				  and
(G) Provisions for the owner or
				  operator to annually report in writing emissions of hazardous air
				  pollutants;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-69 - Temporary noncovered source permits

Current through June, 2024
(a) An owner or
				  operator of a temporary noncovered source may apply for a temporary noncovered
				  source permit. The owner or operator of the temporary noncovered source shall
				  certify its intention to operate at various locations with the same equipment
				  and similar operational methods.
(b) The application and issuance of a
				  temporary noncovered source permit is subject to the same procedures and
				  requirements for an initial application and issuance of a noncovered source
				  permit, including requirements of section
				  11-60.1-63. The initial location
				  of the source shall be specified.
(c) Upon issuance of the temporary noncovered
				  source permit, the owner or operator shall submit all succeeding location
				  changes to the director for approval at least thirty days or such lesser time
				  as designated and approved by the director, prior to the change in location.
				  The owner or operator shall submit sufficient information to enable the
				  director to assess the air quality impact the temporary noncovered source may
				  have at the new location. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-70 - Noncovered source general permits

Current through June, 2024
(a) The director,
				  at the director's sole discretion may, after providing for public notice,
				  including the method by which a hearing can be requested, and an opportunity
				  for public comment in accordance with section
				  11-60.1-73, issue a noncovered
				  source general permit for similar noncovered sources. The general noncovered
				  source permit expiration date shall apply to all sources covered under this
				  permit.
(b) The director shall
				  establish criteria and conditional requirements in the noncovered source
				  general permit by which noncovered sources may qualify for the general permit.
				  Noncovered sources qualifying for a noncovered source general permit shall, at
				  a minimum, have the same Standard Industrial Classification Code, similar
				  equipment design and air pollution controls, and the same applicable
				  requirements. Under no circumstances shall a general permit be considered for
				  noncovered sources requiring a case-by-case determination for air pollution
				  control requirements (e.g. Best Available Control Technology Determination).
				  The owner or operator of a noncovered source shall be subject to enforcement
				  action for operating without a permit if the source is later determined not to
				  qualify for the conditions and terms of the general permit.
(c) The owner or operator of a noncovered
				  source requesting coverage for some or all of its emission units under the
				  terms and conditions of the noncovered source general permit must submit an
				  application to the director on forms furnished by the director. The applicant
				  shall submit sufficient information to enable the director to make a decision
				  on the application. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-71 - Transmission of information to the administrator

Current through June, 2024
(a) The
				  director may at any time require the owner or operator of a noncovered source
				  to submit to the Administrator a copy of any noncovered source permit
				  application, including applications for permit renewal and permit amendment
				  reflecting a proposed modification, compliance plan, or records required to be
				  kept under the noncovered source permit.
(b) The department shall maintain records on
				  all noncovered source permit applications, compliance plans, final permits, and
				  other relevant information for a minimum of five years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-72 - Permit reopening

Current through June, 2024
(a) The director
				  shall reopen and amend a noncovered source permit if the director determines
				  that any one of the following circumstances exist:
(1) The director determines that the permit
				  contains a material mistake or that inaccurate statements were made in
				  establishing the emissions standards or other terms or conditions of the
				  permit; or
(2) The permit must be
				  terminated, suspended, or amended to assure compliance with the applicable
				  requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-73 - Piiblic participation

Current through June, 2024
(a) In considering
				  an application for a noncovered source permit, the director shall provide for
				  public notice, including the method by which a public hearing can be requested,
				  and an opportunity for public comment for permits that result in a net increase
				  in emissions of any air pollutant at or above the 'significant" emission rates
				  of 11-60.1-131, paragraph (1) of the definition. The fugitive emissions of a
				  stationary source shall not be included in determining the increase in
				  emissions of the source for the purposes of this section, unless the source
				  belongs to one of the categories of stationary sources listed in paragraph (2)
				  of the definition of "major source" in section
				  11-60.1-1. 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 applicant, 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 4 - NONCOVERED SOURCES › Section 11-60.1-74 - Noncovered source permit renewal applications

Current through June, 2024
(a) Every
				  application for a noncovered source permit renewal is subject to the same
				  requirements for an initial application of a noncovered source permit including
				  the requirements of section
				  11-60.1-63, Applications shall be
				  submitted to the director on forms furnished by the director. The applicant
				  shall submit sufficient information to enable the director to make a decision
				  on the application. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-75 - Administrative permit amendment

Current through June, 2024
(a) The director,
				  at the director's sole discretion or upon written request from the owner or
				  operator of a noncovered source, may issue an administrative permit
				  amendment.
(b) Except for a request
				  to consolidate two or more noncovered source permits into one or to change
				  ownership or operational control, an owner or operator requesting an
				  administrative permit amendment may make the requested change immediately upon
				  submittal of the request.
(c)
				  Within sixty days of receipt of a written request for an administrative permit
				  amendment, the director shall take final action on the request and may amend
				  the permit without providing notice to the public.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 4 - NONCOVERED SOURCES › Section 11-60.1-76 - Applications for modifications

Current through June, 2024
(a) Every
				  application for a modification to a noncovered source shall be submitted to the
				  director on forms furnished by the director. The applicant shall submit
				  sufficient information to enable the director to make a decision on the
				  application. Information submitted shall include:
(1) The name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-82 - Applicability

Current through June, 2024
(a) Except as provided in subsections (d),
				  (e), and (k) and section
				  11-60.1-87, no person shall burn
				  used or waste oil or begin construction, reconstruction, modification,
				  relocation, or operation of an emission unit or air pollution control equipment
				  of any covered source without first obtaining a covered source permit from the
				  director. The construction, reconstruction, modification, relocation, or
				  operation shall continue only if the owner or operator of a covered source
				  holds a valid covered source permit.
(b) The covered source permit shall remain
				  valid past the expiration date and the covered source shall not be in violation
				  for failing to have a covered source permit, until the director has issued or
				  denied the renewal of the covered source permit, provided:
(1) Prior to permit expiration, a timely and
				  complete renewal application has been submitted and the owner or operator acts
				  consistently with the permit previously granted, the application on which it
				  was based, and all plans, specifications, and other information submitted as
				  part of the application; and
(2)
				  The owner or operator has submitted to the director within the specified
				  deadlines, all requested additional information deemed necessary to evaluate or
				  take final action on the renewal application, as described in section
				  11-60.1-101(e).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-83 - Initial covered source permit application

Current through June, 2024
(a) Every
				  application for an initial covered source permit shall be submitted to the
				  director on forms furnished by the director. The applicant shall submit
				  sufficient information to enable the director to make a decision on the
				  application and to determine the fee requirements specified in subchapter
				  6. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-84 - Duty to supplement or correct permit applications

Current through June, 2024
Any applicant for a covered source permit who fails to
					 submit any relevant facts or who has submitted incorrect information in any
					 permit application shall, upon becoming aware of such failure or incorrect
					 submittal, promptly submit such supplementary facts or corrected information.
					 In addition, an applicant shall provide additional information as necessary to
					 address any requirements that become applicable to the source after the date it
					 filed a complete application but prior to the release of a draft
					 permit.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-85 - Compliance plan

Current through June, 2024
(a) A compliance plan shall be submitted with
				  every initial application for a covered source, temporary covered source, and
				  general covered source permit, application for a covered source permit renewal,
				  and application for a significant modification to a covered source, and at such
				  other times as requested by the director.
(b) The owner or operator of a covered source
				  shall submit to the director for approval a compliance plan which includes at a
				  minimum the following information:
(1) A
				  description of the compliance status of the existing covered source or proposed
				  source with respect to all the applicable requirements; and
(2) The following statement or description
				  and compliance schedule, as applicable:
(A)
				  For applicable requirements with which the source is in compliance, a statement
				  that the source is in compliance and will continue to comply with such
				  requirements;
(B) For applicable
				  requirements which become applicable during the permit term, a statement that
				  the source on a timely basis will meet all such applicable requirements. The
				  statement shall include documentation on the proposed method the owner or
				  operator plans to initiate to obtain compliance; and a compliance schedule
				  demonstrating that the source will meet such applicable requirement by the date
				  specified in the applicable requirement. A detailed schedule shall be provided
				  if required by the applicable requirement; or
(C) For applicable requirements with which
				  the source is not in compliance, a narrative description of how the source will
				  achieve compliance with all such applicable requirements; and a detailed
				  compliance schedule containing specific milestones of remedial measures to
				  obtain compliance, allowing for an enforceable sequence of actions. Any
				  compliance schedule shall resemble and shall be at least as stringent as any
				  judicial consent decree or administrative order that applies to the source. The
				  schedule shall supplement and shall not sanction noncompliance with the
				  applicable requirements on which the schedule is
				  based.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-86 - Compliance certification of covered sources

Current through June, 2024
(a) A
				  compliance certification shall be submitted with every initial application for
				  a covered source, temporary covered source, and general covered source permit,
				  application for any covered source permit renewal, and application for a
				  significant modification to a covered source, and at such other times as
				  requested by the director. The responsible official of a covered source shall
				  submit to the director and the Administrator a compliance certification which
				  includes at a minimum the following information:
(1) A detailed description of the methods to
				  be used in determining compliance with all applicable requirements, including
				  any monitoring, recordkeeping, and reporting requirements and test
				  methods;
(2) A schedule for
				  submission of compliance certifications during the permit term; and
(3) A statement indicating the source's
				  compliance status with any applicable enhanced monitoring and compliance
				  certification requirements, including the requirements of Section 114(a)(3) of
				  the Act or any applicable monitoring and analysis provisions of Section 504(b)
				  of the Act.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-88 - Action on applications submitted within one year of the effective date of this chapter

Current through June, 2024
Except for applications for a new covered source or
					 significant modification subject to the requirements of subchapter
					 7, during the transition period, the
					 director shall approve, conditionally approve, or deny, annually, at least
					 one-third of all complete covered source permit applications submitted within
					 one year from the effective date of this chapter. The director, in writing,
					 shall approve, conditionally approve, or deny an application for a new covered
					 source or significant modification subject to the requirements of subchapter
					 7 within twelve months after receipt of
					 a complete application. The director may prioritize the action on the
					 applications submitted. At a minimum, the director shall provide for reasonable
					 procedures and resources to assign priority to applications for any new
					 construction or significant modification of a covered source.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-88.5 - Permit action on insignificant activities

Current through June, 2024
The director shall incorporate applicable requirements (if
					 not already incorporated) for insignificant activities into the covered source
					 permit as follows:
(1) For
				  insignificant activities already identified in a covered source permit
				  application as of the effective date of this section, the director shall
				  incorporate all applicable requirements for insignificant activities at the
				  time of permit renewal;
(2) For
				  insignificant activities identified in a covered source permit application
				  (e.g. for an initial permit, a minor or significant modification, or permit
				  renewal) on or after the effective date of this section, the director shall
				  incorporate the applicable requirements for insignificant activities at the
				  time of permit issuance; or
(3) For
				  insignificant activities identified separately as an addendum to a covered
				  source permit application on or after the effective date of this section, the
				  director may incorporate the applicable requirements for insignificant
				  activities by administrative permit amendment, or at the earliest date a permit
				  action for either a minor or significant modification, or permit renewal is
				  required.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-89 - Permit term

Current through June, 2024
(a) A covered source permit shall be issued
				  for a fixed term of five years unless the owner or operator of the covered
				  source requests a shorter term.
(b)
				  A covered source permit shall be renewed for a fixed term of five years unless
				  the owner or operator of the covered source requests a shorter term.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-91 - Temporary covered source permits

Current through June, 2024
(a) An owner or
				  operator of a temporary covered source may apply for a temporary covered source
				  permit. The owner or operator of the temporary covered source shall certify its
				  intention to operate at various locations with the same equipment and similar
				  operational methods.
(b) The
				  application and issuance of a temporary covered source permit is subject to the
				  same procedures and requirements for an initial application and issuance of a
				  covered source permit, including the requirements of section
				  11-60.1-83. The initial location
				  of the source shall be specified.
(c) On the draft temporary covered source
				  permit, the director shall provide for public notice, including the method by
				  which a public hearing can be requested, and an opportunity for public comment
				  in accordance with section
				  11-60.1-99. Each notification
				  shall identify the intent to operate at various locations.
(d) The director shall provide a statement
				  that sets forth the legal and factual bases for the draft temporary covered
				  source permit conditions (including references to the applicable statutory or
				  regulatory provisions) to EPA and any other person requesting it.
(e) Each application and proposed temporary
				  covered source permit shall be subject to EPA oversight in accordance with
				  section 11-60.1-95.
(f) Upon issuance of the temporary covered
				  source permit, the owner or operator shall submit all succeeding location
				  changes to the director for approval at least thirty days or such lesser time
				  as designated and approved by the director, prior to the change in location.
				  The owner or operator shall submit sufficient information to enable the
				  director to assess the air quality impact the temporary covered source may have
				  at the new location. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-92 - Covered source general permits

Current through June, 2024
(a) The director,
				  at the director's sole discretion may, after providing for public notice,
				  including the method by which a hearing can be requested, and an opportunity
				  for public comment in accordance with section
				  11-60.1-99, issue a covered source
				  general permit for similar nonmajor covered sources. The general covered source
				  permit expiration date shall apply to all sources covered under this
				  permit.
(b) The director shall
				  establish criteria and conditional requirements in the covered source general
				  permit by which nonmajor covered sources may qualify for the general permit.
				  Nonmajor covered sources qualifying for a covered source general permit shall,
				  at a minimum, have the same Standard Industrial Classification Code, similar
				  equipment design and air pollution controls, and the same applicable
				  requirements. Under no circumstances shall a general permit be considered for
				  nonmajor covered sources requiring a case-by-case determination for air
				  pollution control requirements (e.g. Best Available Control Technology
				  Determination). The owner or operator of a covered source shall be subject to,
				  enforcement action for operating without a permit if the source is later
				  determined not to qualify for the conditions and terms of the general
				  permit.
(c) The owner or operator
				  of a nonmajor covered source requesting coverage for some or all of its
				  emission units under the terms and conditions of the covered source general
				  permit must submit an application to the director on forms furnished by the
				  director. The applicant shall submit sufficient information to enable the
				  director to make a decision on the application and to evaluate the fee
				  requirements specified in subchapter
				  6. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-93 - Federally-enforceable permit terms and conditions

Current through June, 2024
Terms and conditions included in a covered source permit,
					 including any provision designed to limit a source's potential to emit, are
					 federally enforceable unless such terms, conditions, or requirements are
					 specifically designated as not federally enforceable. Those terms and
					 conditions left undesignated shall become federally enforceable upon permit
					 issuance provided the Administrator does not object during the forty-five-day
					 review pursuant to section
					 11-60.1-95.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-94 - Transmission of information to the Administrator

Current through June, 2024
(a) Except
				  as provided in subsection (c), the director shall submit to the Administrator a
				  copy of each proposed covered source permit and each final covered source
				  permit.
(b) Except as provided in
				  subsection (c), the owner or operator shall simultaneously submit to the
				  Administrator a copy of all covered source permit applications, including any
				  applications for a covered source permit renewal and permit amendment
				  reflecting a proposed minor or significant modification submitted to the
				  director.
(c) By agreement with the
				  Administrator or pursuant to federal regulation, the director may waive the
				  requirements of subsections (a) and (b), or submit summaries for specific
				  categories of nonmajor covered sources.
(d) The department shall maintain records on
				  all covered source permit applications, compliance plans, proposed and final
				  permits, and other relevant information for a minimum of five years.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-95 - EPA oversight

Current through June, 2024
(a) The director
				  shall not issue a covered source permit, permit renewal, or permit amendment
				  for minor and significant modifications, if the Administrator objects to its
				  issuance in writing within forty-five days of receipt of the proposed covered
				  source permit and all necessary supporting information.
(b) The director shall submit to the
				  Administrator an amended proposed covered source permit within ninety days
				  after receipt of any written objection from the Administrator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-96 - Operational flexibility

Current through June, 2024
(a) The director
				  shall allow emissions trading and Section 502(b)(10) changes within a permitted
				  facility without requiring a permit amendment, provided:
(1) The emissions trading or Section
				  502(b)(10) changes are not modifications pursuant to any provision of Title I
				  of the Act;
(2) The emissions
				  trading or Section 502(b) (10) changes do not exceed the emissions allowable
				  under the permit;
(3) The owner or
				  operator of the covered source provides the Administrator and director a
				  seven-day minimum advance written notification of the proposed emissions
				  trading or Section 502(b) (10) changes; and
(4) The following criteria are exclusively
				  met for emissions trading within the permitted facility:
(A) An applicable requirement provides for
				  the trading of emissions, or the trading of emissions is solely for the purpose
				  of complying with a federally-enforceable emission cap that is established in
				  the covered source permit independent of otherwise applicable
				  requirements;
(B) The applicant
				  requests such emissions trading provisions and includes in the covered source
				  permit application the proposed replicable procedures and permit terms and
				  conditions that ensure the emission trades are quantifiable and
				  enforceable;
(C) The director has
				  determined that the provisions for emissions trading ensure that emissions from
				  each emission unit are quantifiable and enforceable; and
(D) Any emissions trading is in compliance
				  with all applicable requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-98 - Permit reopening

Current through June, 2024
(a) The director
				  shall reopen and amend a covered source permit if the director determines that
				  any one of the following circumstances exists:
(1) Additional applicable requirements
				  pursuant to the Act or this chapter become applicable to a major covered source
				  with a remaining permit term of three or more years. Such permit reopening
				  shall be completed not later than eighteen months after promulgation or
				  adoption of the applicable requirement. No such permit reopening is required if
				  the effective date of the requirement is later than the date on which the
				  permit is due to expire, unless the expiration date of the original permit or
				  any of its terms and conditions has been extended pursuant to section
				  11-60.1-101;
(2) The permit contains a material mistake or
				  that inaccurate statements were made in establishing the emissions standards or
				  other terms or conditions of the permit; or
(3) The permit must be terminated, suspended,
				  or amended to assure compliance with the applicable
				  requirements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-99 - Public participation

Current through June, 2024
(a) Except for
				  administrative permit amendments and permit amendments reflecting certain minor
				  modifications, 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 covered source permits for:
(1) initial issuance;
(2) renewal;
(3) significant modification; or
(4) minor modifications to major stationary
				  sources that result in a net emissions increase, as defined in 40 CFR Part
				  52.21, equal to or exceeding fifty percent of the significant amounts of
				  emissions in the definition of significant in section
				  11-60.1-131, paragraph (1) of the
				  definition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-101 - Covered source permit renewal applications

Current through June, 2024
(a) Every
				  application and issuance of a covered source permit renewal is subject to the
				  same requirements for an initial application of a covered source permit
				  including requirements of section
				  11-60.1-83. Applications shall be
				  submitted to the director on forms furnished by the director. The applicant
				  shall submit sufficient information to enable the director to make a decision
				  on the application and to determine the fee requirements specified in
				  subchapter 6. Information submitted shall include:
(1) Name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-102 - Administrative permit amendment

Current through June, 2024
(a) The director,
				  at the director's sole discretion or upon written request from the owner or
				  operator of a covered source, may issue an administrative permit
				  amendment.
(b) Except for a request
				  to consolidate two or more covered source permits into one or to change
				  ownership or operational control, an owner or operator requesting an
				  administrative permit amendment may make the requested change immediately upon
				  submittal of the request.
(c)
				  Within sixty days of receipt of a written request for an administrative permit
				  amendment, the director shall take final action on the request and may amend
				  the permit without providing notice to the public provided the director
				  designates any such permit amendments as having been made pursuant to this
				  section.
(d) The department shall
				  submit a copy of the amended covered source permit to the
				  Administrator.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 60.1 - AIR POLLUTION CONTROL › Subchapter 5 - COVERED SOURCES › Section 11-60.1-103 - Applications for minor modifications

Current through June, 2024
(a) Every
				  application for a minor modification to a covered source shall be submitted to
				  the director on forms furnished by the director. The applicant shall submit
				  sufficient information to enable the director to make a decision on the
				  application and to determine the fee requirements specified in subchapter
				  6. Information submitted shall include:
(1) A clear description of all
				  changes;
(2) A statement of why the
				  modification is determined to be minor, and a request that minor modification
				  procedures be used;
(3) Maximum
				  emission rates, including fugitive emissions, of all regulated and hazardous
				  air pollutants resulting from the change. If applicable, biogenic
				  CO2 emissions shall be identified and quantified
				  separately from other biogenic and non-biogenic greenhouse gas emissions.
				  Emission rates shall be reported in pounds per hour and tons per year and in
				  such terms necessary to establish compliance consistent with applicable
				  requirements and standard reference test methods. For GHGs, emission rates
				  shall also be reported in CO2e tons per year. All
				  supporting emission calculations and assumptions shall also be
				  provided;
(4) The identification of
				  any new applicable requirements that will apply if the minor modification
				  occurs;
(5) The suggested changes
				  to permit terms or conditions;
(6)
				  Certification by a responsible official that the proposed modification meets
				  the criteria for minor modification;
(7) All information submitted with the
				  application for the initial covered source permit or any subsequent application
				  for a covered source permit. The owner or operator may reference information
				  contained in a previous application submittal, provided such referenced
				  information has been certified as being current and still applicable;
				  and
(8) Other information, as
				  required by any applicable requirement or as requested 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 5 - COVERED SOURCES › Section 11-60.1-104 - Applications for significant modifications

Current through June, 2024
(a) Every
				  application for a significant modification to a covered source is subject to
				  the same requirements as for an initial covered source permit application
				  pursuant to §
										11-60.1-83 as it pertains to the
				  proposed significant modification. Applications shall be submitted to the
				  director on forms furnished by the director. The applicant shall submit
				  sufficient information to enable the director to make a decision on the
				  application and to determine the fee requirements specified in subchapter
				  6. Information submitted shall include:
(1) The name, address, and phone number of:
(A) The company;
(B) The facility, if different from the
				  company;
(C) The owner and owner's
				  agent; and
(D) The plant site
				  manager or other contact;