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 - Prompt reporting of deviations

Universal Citation: HI Admin Rules 11-60.1-16

Current through February, 2024

(a) Except for emergencies which result in noncompliance with any technology-based emission limitation pursuant to section 11-60.1-16.5, in the event any emission unit, air pollution control equipment, or related equipment malfunctions or breaks down in such a manner as to cause the emission of air pollutants in violation of this chapter or a permit, the owner or operator shall immediately notify the department of the malfunction or breakdown, unless the protection of personnel or public health or safety demands immediate attention to the malfunction or breakdown and makes such notification infeasible. In the latter case, the notice shall be provided as soon as practicable.

(b) The owner or operator shall provide the following information in writing within five working days of the notification:

(1) Identification of each affected emission point and each emission limit exceeded;

(2) Magnitude of each excess emission;

(3) Time and duration of each excess emission;

(4) Identity of the process or control equipment causing each excess emission;

(5) Cause and nature of each excess emission;

(6) Description of the steps taken to remedy the situation, prevent a recurrence, limit the excessive emissions, and assure that the malfunction or breakdown does not interfere with the attainment and maintenance of the NAAQS and state ambient air quality standards;

(7) Documentation that the equipment or process was at all times maintained and operated in a manner consistent with good practice for minimizing emissions; and

(8) A statement that the excess emissions are not part of a recurring pattern indicative of inadequate design, operation, or maintenance.

(c) The submittal of the notice shall not be a defense to an enforcement action.

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