Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 1 - GENERAL REQUIREMENTS
Section 11-60.1-1 - Definitions
Current through February, 2024
As used in this chapter, unless otherwise defined for purposes of a particular subchapter or section of this chapter:
"µg/m3" means micrograms per cubic meter.
"Act" means the Clean Air Act, as amended, 42 United States Code Section 7401, et seq.
"Administrative permit amendment" means a permit amendment which:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;
(3) Requires more frequent monitoring or reporting by the permittee;
(4) Consolidates the terms and conditions of two or more noncovered source permits into one noncovered source permit for a facility;
(5) Consolidates the terms and conditions of two or more covered source permits into one covered source permit for a facility;
(6) Incorporates applicable requirements for any insignificant activity listed in section 11-60.1-82(f) or (g), provided the activity is not by itself subject to subchapters 8 or 9, does not cause a noncovered stationary source to become a major source, and does not cause the stationary source to become subject to provisions of subchapters 7, 8, or 9; or
(7) Allows for a change in ownership or operational control of a source provided the department has determined that no other change in the permit is necessary, and provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the director.
"Administrator" means the Administrator of the EPA or the Administrator's designee.
"Agricultural burning permit" means written authorization from the director to engage in agricultural burning.
"Air pollutant" has the same meaning as in chapter 342B, HRS.
"Air pollution" means the presence in the outdoor air of substances in quantities and for durations which may endanger human health or welfare, plant or animal life, or property or which may unreasonably interfere with the comfortable enjoyment of life and property throughout the State and in such areas of the State as are affected thereby, but excludes all aspects of employer-employee relationships as to health and safety hazards.
"Air pollution control equipment" means equipment or a facility of a type intended to eliminate, prevent, reduce, or control the emissions of any regulated or hazardous air pollutant to the atmosphere.
"Allowable emissions" means the emissions of a stationary source calculated using the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate, capacity, or hours of operations, or any combination of these, and the most stringent of the following:
(1) The applicable standards set forth in the Standards of Performance for New Stationary Sources or the National Emissions Standards for Hazardous Air Pollutants;
(2) Any Hawaii state implementation plan emission limitation, including those with a future compliance date; and
(3) The emission rates specified as a federally enforceable permit condition, including those with a future compliance date.
"Applicant" means any person who submits an application for a permit.
"Authority to construct" means the permit issued by the director pursuant to repealed chapter 11-60 giving approval or conditional approval to an owner or operator to construct an air pollution source.
"Best available control technology" means an emissions limitation including a visible emission standard based on the maximum degree of reduction for each regulated air pollutant which would be emitted from any proposed stationary source or modification which the director, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard promulgated pursuant to 40 CFR Parts 60, 61, and 63. If the director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation, and shall provide for compliance by means which achieve equivalent results.
"Biogenic CO2 emissions" mean CO2 emissions from a stationary source directly resulting from the combustion or decomposition of biologically-based materials other than fossil fuels and mineral sources of carbon. Examples of biogenic CO2 emissions include, but are not limited to: CO2 generated from the biological decomposition of waste in landfills, wastewater treatment or manure management processes; CO2 from the combustion of biogas collected from biological decomposition of waste in landfills, wastewater treatment or manure management processes; CO2 from fermentation during ethanol production or other industrial fermentation processes; CO2 from combustion of the biological fraction of municipal solid waste or biosolids; CO2 from combustion of the biological fraction of tire-derived fuel; and CO2 derived from combustion of biological material, including all types of wood and wood waste, forest residue, and agricultural material.
"Biomass fuel burning boilers" means fuel burning equipment in which the actual heat input of biomass fuel exceeds the actual heat input of fossil fuels, calculated on an annual basis.
"BTU" means British thermal unit.
"Carbon dioxide" means a gas emitted naturally or from human activities such as the burning of fossil fuels and biomass, land-use changes, and industrial processes. It is the principal anthropogenic greenhouse gas that affects the Earth's radiative balance. It is the reference gas against which other greenhouses gases are measured and therefore has a global warming potential of one.
"CFR" means the Code of Federal Regulations.
"CO2" means carbon dioxide.
"CO2 equivalent emissions" means the amount of greenhouse gases emitted as computed by multiplying the mass amount of emissions (tpy) for each of the six greenhouse gases in the pollutant GHGs, by the gases' associated global warming potential values published at 40 CFR Part 98, Subpart A, Table A-1, and summing the resultant values of each gas to compute a TPY CO2 equivalent.
"CO2e" means carbon dioxide equivalent emissions.
"Commenced" as applied to construction of or modification to a stationary source means that the owner or operator has all necessary preconstruction approvals or permits and either has:
(1) Begun, or caused to begin a continuous program of actual operation or on-site construction of the source; or
(2) Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner or operator, to undertake a program of actual operation or construction of the source.
"Complete" means, in reference to an application for a permit, that the application contains all of the information necessary to begin and reasonably complete processing the application.
"Compliance plan" means a plan which includes a description of how a source will comply with all applicable requirements, and includes a schedule of compliance under which the owner or operator will submit progress reports to the director no less frequently than every six months.
"Construction" means a physical change or change in the method of operation including fabrication, erection, installation, demolition, or modification of an emissions unit which would result in a change in actual emissions.
"Covered source" means:
(1) Prior to program approval:
(2) Upon program approval and thereafter:
"Covered source permit" means a permit or group of permits covering a covered source that is issued, renewed, or amended pursuant to this chapter. A covered source permit generally is synonymous with a "Title V," "operating," or "part 70" permit as referred to in federal regulations or standards.
"Credible evidence" means various kinds of information other than reference test data, much of which is already available and utilized for other purposes, that may be used to determine compliance or noncompliance with emission standards.
"Department" means the department of health of the State of Hawaii.
"Director" means the director of health of the State of Hawaii or an authorized agent, officer, or inspector.
"Draft permit" means the version of a permit for which the director offers public notice, including the method by which a public hearing can be requested, and an opportunity for public comment pursuant to section 11-60.1-99.
"Emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the owner or operator of the source, including acts of God, which situation requires immediate corrective action to restore normal operation, and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error, and shall not include an exceedance of a health-based emission limitation.
"Emission" means the act of releasing or discharging air pollutants into the ambient air from any source or an air pollutant which is released or discharged into the ambient air from any source.
"Emission limitation" means a requirement established by the director or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.
"Emissions unit" means any part or activity of a stationary source that emits or has the potential to emit any regulated or hazardous air pollutant.
"EPA" means the United States Environmental Protection Agency.
"Existing covered source" means a stationary covered source that has received an authority to construct permit, commenced construction or modification, or was in operation prior to the effective date of this chapter.
"Existing noncovered source" means a stationary noncovered source that has received an authority to construct permit, commenced construction or modification, or was in operation prior to the effective date of this chapter.
"Federally enforceable" means all limitations and conditions which are enforceable by the Administrator, including those requirements developed pursuant to 40 CFR Parts 60, 61, and 63; requirements within the Hawaii State implementation plan; or any permit requirements established pursuant to 40 CFR Part 52.21 or all permit terms and conditions in a covered source permit except those specifically designated as not federally enforceable or regulations approved pursuant to 40 CFR Part 51 Subpart I, including operating permits issued under an EPA-approved program that is incorporated into this subchapter and expressly requires adherence to any permit issued under such program.
"Fossil fuel" means a hydrocarbon deposit, such as petroleum, coal, or natural gas, derived from the accumulated remains of plants and animals of a previous geologic time and used for fuel.
"Fuel burning equipment" means a furnace, boiler, internal combustion engine, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power.
"Fugitive dust" means the emission of solid airborne particulate matter from any source other than combustion.
"Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"Gas-tight" means no detectable gaseous emissions.
"Global warming potential" means the relative scale of how much a given mass of greenhouse gas is estimated to heat up the atmosphere in comparison to carbon dioxide having a global warming potential of one.
"Greenhouse gases" means the air pollutant defined as the aggregate group of six greenhouse gases; carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.
"GHG or GHGs" means greenhouse gas or greenhouse gases.
"Hazardous air pollutants" means those hazardous air pollutants listed pursuant to Section 112(b) of the Act and any other hazardous air pollutants listed in section 11-60.1-172.
"HRS" means the Hawaii Revised Statutes.
"Major source" means:
(1) For hazardous air pollutants, a source or a group of stationary sources that is located on one or more contiguous or adjacent properties, and is under common control of the same person (or persons under common control) and that emits or has the potential to emit considering controls and fugitive emissions, any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more of a single pollutant or twenty-five tons per year or more of any combination of pollutants; or
(2) For any other pollutant, a source, or a group of stationary sources that is located on one or more contiguous or adjacent properties, and is under common control of the same person (or persons under common control) belonging to a single major industrial grouping (i.e., all having the same two-digit Standard Industrial Classification Code) and that emits or has the potential to emit, considering controls, one hundred tons per year or more of any air pollutant subject to regulation other than the pollutant greenhouse gases. Fugitive emissions from the stationary source shall be considered in determining whether the stationary source is major, if it belongs to one of the following categories of stationary sources:
"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation shall not be considered malfunctions.
"Maximum achievable control technology" means the maximum degree of reduction in emissions of the hazardous air pollutants, on a case-by-case basis, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, that is deemed achievable.
"Monitoring device" means the total equipment, required under the monitoring of operations sections in all applicable subparts, used to measure and record (if applicable) process parameters. Nothing in these rules shall preclude the use, including the exclusive use, of any credible evidence information, relevant to whether a source would have been in compliance with any applicable requirements if the appropriate performance or compliance test or procedure had been performed.
"Month" means a calendar month.
"NAICS" means the North American Industry Classification System used by business and government to classify business establishments according to type of economic activity (process of production) in the United States, Canada, and Mexico. The NAICS numbering system employs a six-digit code at the most detailed industry level. The first two digits designate the largest business sector, the third digit designates the subsector, the fourth digit designates the industry group, and the fifth digit designates particular industries. The last digit designates national industry types.
"NAAQS" means the National Ambient Air Quality Standards contained in 40 CFR Part 50 .
"National Emission Standards for Hazardous Air Pollutants" means the federal emission standards contained in 40 CFR Parts 61 and 63.
"Necessary preconstruction approvals or permits" means those permits or approvals required pursuant to federal air quality control laws and regulations, chapter 342B, HRS, and air quality control rules adopted pursuant to chapter 342B.
"New covered source" means a covered source that commenced construction or modification on or after the effective date of this chapter.
"New noncovered source" means a noncovered source that commenced construction or modification on or after the effective date of this chapter.
"No detectable emissions" means less than 500 ppm above background levels, as measured by a detection instrument in accordance with Method 21 in Appendix A of 40 CFR Part 60.
"Noncovered source" means a stationary source constructed, modified, or relocated after March 20, 1972, that is not a covered source.
"Nonroad engine" means:
(1) Except as discussed in paragraph (2) of this definition, an internal combustion engine that meets any of the following criteria:
(2) An internal combustion engine is not a nonroad engine if it meets any of the following criteria:
"Owner or operator" means a person who owns, leases, operates, controls, or supervises a stationary source.
"Particulate matter" means any material, except water in uncombined form, that is or has been airborne and exists as a liquid or a solid at standard conditions.
"Permit" means written authorization from the director to construct, modify, relocate, or operate any regulated or hazardous air pollutant source. A permit authorizes the owner or operator to proceed with the construction, modification, relocation, or operation of a regulated or hazardous air pollutant source, and to cause or allow the emission of such air pollutants in a specified manner or amount, or to do any act not forbidden by chapter 342B, HRS, the Act, rules adopted pursuant to chapter 342B, or regulations promulgated pursuant to the Act, but requiring review by the department.
"Permit renewal" means the process by which a permit is reissued at the end of its term.
"Person" means an individual, firm, corporation, association, partnership, consortium, joint venture, commercial entity, federal government agency, state, county, commission, political subdivision of the State, or, to the extent they are subject to this chapter, the United States or any interstate body.
"PM2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers. Gaseous emissions which condense to form particulate matter at ambient temperatures shall be included.
"PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal ten micrometers. Gaseous emissions which condense to form particulate matter at ambient temperatures shall be included.
"Potential annual heat input" means the product of the maximum rated heat input capacity (megawatts or million BTU per hour) times 8760 hours per year.
"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under its physical and operational design. Any physical or operational limitation on the capacity of a source to emit an air pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation is enforceable by the Administrator and the director.
"Program approval" means approval granted by the Administrator pursuant to 40 CFR Part 70 for revisions to the State of Hawaii covered source permit program.
"PSD" means prevention of significant deterioration.
"Reconstruction" means the replacement of components at an existing stationary source to such an extent that the fixed capital cost of the new components exceeds fifty percent of the fixed capital cost that would be required to construct a comparable entirely new stationary source.
"Regulated air pollutant" means:
(1) Nitrogen oxides or any volatile organic compound;
(2) Greenhouse gases;
(3) Any air pollutant for which a national or state ambient air quality standard has been promulgated;
(4) Any air pollutant that is subject to any standard adopted pursuant to chapter 342B, HRS, or promulgated pursuant to Section 111 of the Act;
(5) Any Class I or II substance subject to a standard promulgated pursuant to or established by Title VI of the Act; or
(6) Any air pollutant subject to a standard promulgated pursuant to Section 112 or other requirements established pursuant to Section 112 of the Act, including Sections 112(g), (j), and (r) of the Act, including:
"Responsible official" means:
(1) For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or an authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:
(2) For a partnership or sole proprietorship; a general partner or the proprietor, respectively; or
(3) For a municipality, state, federal, or other public agency: a principal executive officer, ranking elected official, or an authorized representative as approved by the director. For the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.
"Risk assessment" means the process of determining the potential adverse health effects of human exposure to environmental hazards. The process includes hazard identification, dose-response assessment, exposure assessment, and risk characterization by quantifying the magnitude of the public health problem that results from the hazard.
"SICC" means Standard Industrial Classification Code.
"Significant" means in reference to a net emissions increase or the potential of a source to emit:
(1) A rate of emissions that would equal or exceed any of the following pollutant emission rates:
"Smoke" means the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon.
"Source" means property, real or personal, which emits or may emit any air pollutant.
"Stack" means a point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.
"Standard Industrial Classification Code" means Major Group Number, Industry Group Number, or Industry Number as described in the Standard Industrial Classification Manual, 1987.
"Standards of Performance for New Stationary Sources" means the federal emission standards contained in 40 CFR Part 60.
"Stationary source" means any piece of equipment or any activity at a building, structure, facility, or installation that emits or may emit any air pollutant.
"Subject to regulation" means for any pollutant, that the pollutant is subject to either a provision in the Clean Air Act, or a nationally-applicable regulation codified in 40 CFR Subchapter C of Chapter I, Air Programs, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.
"Submerged fill pipe" means a fill pipe the discharged opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank; or when applied to a tank which is loaded from the side, shall mean a fill pipe the discharge opening of which is eighteen inches above the bottom of the tank.
"Tpy" means tons per year.
"Valid covered source permit" or "valid noncovered source permit" means a covered or noncovered source permit that has not been canceled pursuant to section 11-60.1-9, has not been terminated or suspended pursuant to section 11-60.1-10, and has not expired or which remains in effect pursuant to subsection 11-60.1-82(b), or 11-60.1-62(b).
"Volatile organic compound" means a compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. This includes any such organic compound other than those determined to have negligible photochemical reactivity as listed in the definition of "volatile organic compound" in 40 CFR § 51.100.
"Volatile organic compound water separator" means a tank, box, sump, or other container which is primarily designed to separate and recover volatile organic compounds from water. Petroleum storage tanks from which water incidental to the process is periodically removed are not considered volatile organic compound water separators.
