Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 1 - GENERAL REQUIREMENTS
Section 11-60.1-16.5 - Emergency provision
Universal Citation: HI Admin Rules 11-60.1-16.5
Current through February, 2024
(a) An emergency constitutes an affirmative defense to any action brought for noncompliance with any technology-based emission limitation, if it can be demonstrated to the director through properly signed, contemporaneous operating logs, or other relevant evidence that:
(1) An emergency
occurred and the owner or operator of the source can identify the cause or
causes of the emergency;
(2) The
permitted facility was at the time being properly operated;
(3) During the period of the emergency, the
owner or operator of the source took all reasonable steps to minimize emission
levels that exceeded the emission limitations or other requirements in the
covered or noncovered source permit; and
(4) The owner or operator of the source
submitted written notice of the emergency to the director within two working
days of the time when emission limitations were exceeded due to the emergency,
provided that the notice contained a description of the emergency, any steps
taken to mitigate emissions, and corrective actions taken.
(b) In any proceedings for enforcement action, the owner or operator of the source seeking to establish the occurrence of an emergency has the burden of proof.
(c) This emergency provision is in addition to any emergency or upset provision in any applicable requirement.
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