Section 11-60.1-103 - Applications for minor modifications(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.(b) The director shall not continue to act upon or consider an incomplete application. An application shall be determined to be complete only when all of the following have been complied with: (1) All information required and requested pursuant to subsection (a) has been submitted;(2) All documents requiring certification have been certified pursuant to section 11-60.1-4; and(3) All applicable fees have been submitted.(c) The director shall notify the applicant in writing whether the application is complete. Unless the director requests additional information or notifies the applicant of incompleteness within thirty days of receipt of an application, the application shall be deemed complete.(d) During the processing of an application, if the director determines that additional information is necessary to evaluate or take final action on the application, the director may request such information in writing and set a reasonable deadline for a response.(e) Within ninety days of receipt of a complete application for a minor modification, or within fifteen days after the end of the Administrator's forty-five-day review period, whichever is later, the director in writing shall: (1) Amend the permit to reflect the minor modification as proposed;(2) Deny the minor modification;(3) Determine that the requested modification does not meet the minor modification criteria, and should be reviewed under the significant modification procedures; or(4) Amend the proposed permit and resubmit the amendment to EPA for reevaluation.(f) An application for a minor modification to a covered source shall be approved only if the director determines that the minor modification will be in compliance with all applicable requirements.(g) The director shall provide a statement that sets forth the legal and factual bases for the proposed permit conditions (including references to the applicable statutory or regulatory provisions) to EPA and any other person requesting it.(h) Each application and proposed permit reflecting the minor modification to a covered source shall be subject to EPA oversight in accordance with section 11-60.1-95.Haw. Code R. § 11-60.1-103
[Eff 11/26/93; comp 10/26/98; comp 9/15/01; comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-23, 342B-24, 342B-25, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416, 7661 a, 7661d; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-23, 342B-24, 342B-25; 42 U.S.C. §§7407, 7416, 7661 a, 7661d; 40 C.F.R. Part 70)