Section 11-60.1-82 - Applicability(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).(c) The covered source permit shall not constitute, nor be construed to be an approval of the design of the covered source. The covered source permit shall be issued in accordance with this chapter and it is the responsibility of the applicant to ensure compliance with all applicable requirements in the construction and operation of any covered source.(d) The following are exempt from the requirements of subsection (a): (1) All sources and source categories that would be required to obtain a permit solely because they are subject to the "Standards of Performance for New Residential Wood Heaters,"40 CFR Section 60.530 et seq.;(2) All sources and source categories that would be required to obtain a permit solely because they are subject to the "Standards for Demolition and Renovation" pursuant to the "National Emission Standard for Asbestos,"40 CFR Section 61.145;(3) Ocean-going vessels, except for ocean-going vessels subject to any standard or other requirement for the control of air pollution from outer continental shelf sources, pursuant to 40 CFR Part 55 ;(4) Internal combustion engines propelling mobile sources such as automobiles, trucks, cranes, forklifts, front-end loaders, graders, trains, helicopters, and airplanes;(5) Nonroad Engines. Owners of nonroad engines, except for those exempt engines listed in subsections (f) and (g) of this section, must maintain a Nonroad Engine Location Log to demonstrate the engine meets subparagraph (1)(C) of the nonroad engine definition of Subchapter 1, The Nonroad Engine Location Log shall include:(B) Engine Manufacturer and Model;(C) Engine Serial Number;(D) Engine Date of Manufacture; and(E) For each location to which the engine is moved, the location of the engine, initial date at the location, and the date moved off the location;(6) Diesel fired portable ground support equipment used exclusively to start aircraft or provide temporary power or support service to aircraft prior to start-up; and(7) Air-conditioning or ventilating systems that do not contain more than 50 pounds of any Class I or Class II ozone depleting substance regulated under Title VI of the Act and are not designed to remove air pollutants generated by or released from equipment.(e) The owner or operator of any insignificant activity identified in subsections (f) and (g) may begin construction, reconstruction, modification, or operation of the activity without first obtaining a covered source permit, provided: (1) The insignificant activity does not cause a noncovered stationary source to become a major source;(2) The insignificant activity does not cause the stationary source to become subject to provisions of subchapter 7; and(3) The owner or operator can demonstrate to the director's satisfaction that each activity meets the size, emission level, or production rate criteria contained in subsections (f) and (g). The insignificant activities listed in subsection (f) shall be identified in the covered source permit application. The insignificant activities listed in subsection (g) need not be identified in the covered source permit application, unless subject to an applicable requirement. Any fuel burning equipment identified shall not include equipment burning off-spec used oil or fuel classified as hazardous waste. The director may request additional information on any insignificant activity to determine the applicability of, or to impose, any applicable requirement. Action to incorporate applicable requirements for insignificant activities into a covered source permit shall be in accordance with section 11-60.1-88.5.
(f) Insignificant activities based on size, emission level, or production rate, are as follows: (1) Any storage tank, reservoir, or other container of capacity equal to or less than forty thousand gallons storing volatile organic compounds, except those storage tanks, reservoirs, or other containers subject to any standard or other requirement pursuant to Sections 111 and 112 of the Act;(2) Other than smoke house generators and gasoline fired industrial equipment, fuel burning equipment with a heat input capacity less than one million BTU per hour, or a combination of fuel burning equipment operated simultaneously as a single unit having a total combined heat input capacity of less than one million BTU per hour;(3) Steam generators, steam superheaters, water boilers, or water heaters, all of which have a heat input capacity of less than five million BTU per hour, and are fired exclusively with one of the following: (A) Natural or synthetic gas;(B) Liquified petroleum gas; or(C) A combination of natural, synthetic, or liquified petroleum gas;(4) Kilns used for firing ceramic ware heated exclusively by natural gas, electricity, liquid petroleum gas, or any combination of these and have a heat input capacity of five million BTU per hour or less;(5) Standby generators used exclusively to provide electricity, standby sewage pump drives, and other emergency equipment used to protect the health and welfare of personnel and the public, all of which are used only during power outages, emergency equipment maintenance and testing, and which: (A) Are fired exclusively by natural or synthetic gas; or liquified petroleum gas; or fuel oil No. 1 or No. 2; or diesel fuel oil No. ID or No. 2D; and(B) Do not trigger a Prevention of Significant Deterioration (PSD) or covered source review, based on their potential to emit regulated or hazardous air pollutants;(6) Paint spray booths that emit less than emission levels specified in paragraph 7 below, except for paint spray booths subject to any standard or other requirement pursuant to Section 112 (d) of the Act; and(7) Other activities which emit less than: (A) 500 pounds per year of a hazardous air pollutant, except lead;(B) 300 pounds per year of lead;(C) five tons per year of carbon monoxide;(D) 3,500 tons per year CO2e of greenhouses gases; and(E) two tons per year of each regulated air pollutant not already identified above; and which the director determines to be insignificant on a case-by-case basis.(g) Insignificant activities in addition to those listed in subsection (f) are: (2) Hand held equipment used for buffing, polishing, carving, cutting, drilling, machining, routing, sanding, sawing, surface grinding, or turning of ceramic art work, precision parts, leather, metals, plastics, fiber board, masonry, carbon, glass, or wood, provided reasonable precautions are taken to prevent particulate matter from becoming airborne. Reasonable precautions include the use of dust collection systems, dust barriers, or containment systems;(3) Laboratory equipment used exclusively for chemical and physical analyses;(4) Containers, reservoirs, or tanks used exclusively for dipping operations for coating objects with oils, waxes, or greases where no organic solvents, diluents, or thinners are used; or dipping operations for applying coatings of natural or synthetic resins which contain no organic solvents;(5) Closed tumblers used for cleaning or deburring metal products without abrasive blasting, and pen tumblers with batch capacity of one thousand pounds or less;(6) Fire water system pump engines dedicated for fire-fighting and maintaining fire water system pressure, which are operated only during fire fighting and periodically for engine maintenance, and fired exclusively by natural or synthetic gas; or liquified petroleum gas; or fuel oil No. 1 or No. 2; or diesel fuel No. 1D or No. 2D;(7) Smoke generating systems used exclusively for training in government or certified fire fighting training facilities;(8) Gasoline fired portable industrial equipment less than 25 horsepower in size;(9) Plant maintenance and upkeep activities (e.g., grounds-keeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots), including equipment used to conduct these activities, provided these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and are not otherwise subject to an applicable requirement triggering a permit modification;(10) Fuel burning equipment which is used in a private dwelling or for space heating, other than internal combustion engines, boilers, or hot furnaces;(11) Ovens, stoves, and grills used solely for the purpose of preparing food for human consumption operated in private dwellings, restaurants, or stores;(12) Stacks or vents to prevent escape of sewer gases through plumbing traps;(13) Consumer use of office equipment and products; and(14) Woodworking shops with a sawdust collection system.(h) The prevention of significant deterioration review requirements of subchapter 7 for new major stationary sources and major modifications are additional requirements for considering an application for a covered source permit. In the event any requirement of subchapter 7 is in conflict with the requirements of this subchapter, the most stringent requirement shall apply.(i) Any covered source permit, including temporary and general covered source permits, permit renewals, or permit amendments for a modification may be issued only if all of the following conditions are met:(1) The owner or operator has submitted a complete covered source permit application;(2) Except for minor modifications and administrative amendments, the director has provided for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on the draft covered source permit in accordance with section 11-60.1-99;(3) The permit provides for compliance with all applicable requirements and contains the applicable terms and conditions pursuant to 11-60.1-90; and(4) The requirements for transmission of information to EPA and EPA oversight have been satisfied pursuant to sections 11-60.1-94 and 11-60.1-95.(j) An owner or operator of a stationary source that is not subject to the requirements of subchapter 5 and that becomes subject to the requirements of subchapter 5, or becomes subject to additional requirements of subchapter 5, pursuant to a new or amended regulation under Section 111 or 112 of the Act, HRS chapter 342B, or this chapter shall submit a complete and timely covered source permit application to address the new requirements. For purposes of this subsection, "timely" means; (1) by the date required under subchapter 8 or 9 of this chapter, or the applicable federal regulation, whichever deadline is earlier; or(2) within twelve months after the effective date of the new or amended regulation, if not specified in the applicable regulation. The owner or operator of the source may continue to construct or operate and shall not be in violation for failing to have a covered source permit addressing the new requirements only if the owner or operator has submitted to the director a complete and timely covered source permit application, and any additional information that the director deems necessary to evaluate or take final action on the application, including additional information required pursuant to sections 11-60.1-83(d) and 11-60.1-84.
(k) The director, upon written request and submittal of adequate support information from the owner or operator of a covered source, may provide written approval of the following activities to proceed without prior issuance or amendment of a covered source permit. Under no circumstances will these activities be approved if the activity interferes with the imposition of any applicable requirement or the determination of whether a stationary source is subject to any applicable requirement. (1) Installation and operation of air pollution control devices. The director may allow the installation and operation of an air pollution control device prior to issuing a covered source permit or amendment to a covered source permit if the owner or operator of the source can demonstrate that the control device reduces the amount of emissions previously emitted, does not emit any new air pollutants, and does not adversely affect the ambient air quality impact assessment. The owner or operator of the covered source shall submit with the written request, a complete covered source permit application to install and operate the air pollution control device. The application shall include the proposed operating parameters, including any parametric monitoring to ensure that the control device is operating properly.(2) Test burns. The director may allow an owner or operator of a covered source to test alternate fuels not allowed by permit if the following conditions are met: (A) The test burn period does not exceed one week, unless the director, upon reasonable justification, approves a longer period, not to exceed three months;(B) The purpose of the test burn is to establish emission rates, to determine if alternate fuels are feasible with the existing covered source facility, or as an investigative measure to research the operational characteristics of a fuel;(C) A stack performance test, a pre-approved monitoring program, or both, if requested by the director, are conducted during the test burn to record and verify emissions;(D) The owner or operator of the covered source provides emission estimates of the test burn and demonstrates that no violation of the NAAQS and state ambient air quality standards will occur;(E) The owner or operator of the covered source demonstrates that the use of the alternate fuel is allowed or not restricted by any applicable requirement, other than the permit condition(s) restricting the alternate fuel use; and(F) If a performance test or monitoring is required, the owner or operator of the covered source provides written test or monitoring results within sixty days of the completion of the test burn or such other time as approved by the director. The results shall include the operational parameters of the covered source at the time of the test burn, and any other significant factors that affected the test or monitoring results. If the director approves the test burn, the director may set operational limitations or other conditions for the test burn. Deviations from those limits or conditions shall be considered a violation of this chapter.
Haw. Code R. § 11-60.1-82
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-22, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416, 7661 a, 7661b; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-22; 42 U.S.C. §§7407, 7416, 7661 A, 7661B; 40 C.F.R. Part 70)