Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 11 - GREENHOUSE GAS EMISSIONS
Section 11-60.1-204 - Greenhouse gas emission reduction plan
Current through February, 2024
(a) This section applies to an owner or operator of a permitted covered source, except for municipal waste combustion operations, with the potential to emit GHG emissions (biogenic plus non-biogenic) equal to or above 100,000 tons per year CO2e. Each owner or operator of an affected source shall submit a GHG emission reduction plan for the director's approval within twelve (12) months of the effective date of this section. An owner or operator may submit a written request for an extension 30 days prior to the deadline.
(b) The GHG emission reduction plan will be used to evaluate and establish an annual facility-wide GHG emissions cap for the affected source in support of achieving and maintaining the statewide GHG limit.
The approved facility-wide GHG emissions cap and the associated provisions will be made a part of the covered source permit, and may be revised through the permit process to respond to new rules, updated technology, GHG reduction initiatives, and any other circumstances deemed necessary by the director to facilitate the state's GHG limit.
(c) Unless substantiated by the owner or operator of an affected source and approved by the director to be unattainable pursuant to the GHG control assessment described in subsection 11-60.1-204(d), each GHG emission reduction plan shall establish a minimum facility-wide GHG emissions cap in tons per year CO2e, to be achieved by 2020 and maintained thereafter. The minimum facility-wide GHG emissions cap shall be sixteen percent (16%) below the facility's total baseline GHG emission levels less biogenic CO2 emissions, as follows:
Where:
Facility- | Facility | Facility | |
wide cap = (1-0.16) x | total | - | Basline |
(tpy co2e) | Basline | Biogenic | |
Emissions | co2 Emissions | ||
(tpy co2e) |
Where:
Facility Total Baseline Emissions (tpy CO2e) = Baseline[Biogenic + Non-Biogenic GHG Emissions]
Calendar year 2010 shall be used as the baseline year, unless the owner or operator can provide records for the director's approval demonstrating another year or an average of other years to be more representative of normal operations. Newly permitted sources without an operating history, shall estimate normal operations for the director's approval in establishing the facility-wide GHG emissions cap.
(d) The GHG emission reduction plan required of affected sources shall at a minimum include:
The owner or operator shall provide all supporting documentation for the proposed alternate baseline emission rate. The director, based on available information, may reject and modify the baseline emission rate in establishing the final facility-wide GHG emissions cap.
In determining whether or not the required GHG emissions cap is attainable, the owner or operator of an affected source shall first conduct the GHG control assessment described in paragraphs (3) to (5). Available EPA guidelines for GHG Best Available Control Technology analysis, and GHG control measures by source type shall be used as applicable for this assessment.
For committed or required on-the-books control measures and any other GHG control initiatives, identify at a minimum, items (A) through (C) above. Considering the energy, environmental, and economic impact, determine the GHG control or suite of controls found to be feasible in achieving the maximum degree of GHG reductions for the facility. Determine whether the required GHG emissions cap, pursuant to subsection (c) will be met. If an alternate cap must be proposed for approval, declare the proposed percentage GHG reduction and the alternate GHG reduction cap. Provide the justification and associated support information (e.g., references, assumptions, vendor quotes, sample calculations, etc.) to substantiate the control analysis and alternate GHG emissions cap.
(e) Failure to submit an adequate GHG emission reduction plan, or failure to submit relevant facts or correct information upon becoming aware of such failure, constitutes a violation of this chapter. The owner or operator of an affected source has the same duty to certify the GHG emission reduction plan in accordance with section 11-60.1-4, and supplement or correct the GHG emission reduction plan, similar to the provisions in section 11-60.1-84 for covered source permit applications. During the processing of a GHG emission reduction plan, if the director determines that a re-submittal of the plan is required, or submittal of additional information is necessary to evaluate or take final action on the plan, the director may make the request in writing and set a reasonable deadline for the response.
(f) If the owner or operator of an affected source fails to submit an adequate GHG emission reduction plan, or if a facility-wide GHG emissions cap cannot be mutually agreed upon, the director reserves the right to establish, and incorporate into the applicable covered source permit, a facility-wide GHG emissions cap as required or the lowest cap deemed achievable by the affected source based on the intent of this subchapter.
(g) Once a facility-wide GHG emissions cap is established and placed into the covered source permit, the GHG emission reduction plan shall become a part of the covered source permit application process for renewals and any required modifications pursuant to subchapter 5. With each subsequent GHG emission reduction plan submittal, the owner or operator of the affected source shall report:
(h) The facility-wide GHG emissions cap may be re-evaluated and revised by the director if any of the following events or circumstances exists:
Any revision to a facility-wide GHG emissions cap is considered a significant modification subject to the application and review requirements of section 11-60.1-104. The owner or operator of an affected source seeking a GHG emissions cap change has the burden of proof to substantiate any requested change for the director's approval. Upon approving any GHG emissions cap revision, the director may impose additional emission limits or requirements on the affected source, or limit the time-frame allowed for the revised GHG emissions cap.
(i) Municipal solid waste landfills required by 40 CFR Part 60, Subpart Cc or 40 CFR Part 60, Subpart WWW to use gas collection and control systems are conditionally exempt from the GHG emission reduction requirements of Subsection 11-60.1-204(c).
(j) Should the permitted facility-wide GHG emissions cap not be met by January 1, 2020 and annually maintained thereafter, the owner or operator of the covered source shall be subject to enforcement action for each year after 2019 that the facility-wide cap is not met. Compliance with the facility-wide cap shall be determined at the end of each calendar year, or January 1 of the following year, starting with the end of 2019 or January 1, 2020. Each CO2e ton over the cap shall constitute a separate offense and violation.
(k) The director shall conduct an evaluation in 2016, and annually thereafter, to determine the progress of achieving and if applicable, ongoing maintenance of the statewide GHG emissions limit specified in HRS, Chapter 342B-71 and section 11-60.1-203. The evaluation of the statewide GHG emission limit shall be conducted in a manner consistent with the procedures used to prepare the 1990 emission estimates under Act 234, 2007 Hawaii Session Laws.
The director shall produce and make public annual progress reports listing GHG emissions levels for each affected facility and the statewide progress relative to the statewide GHG emission limit. If the director determines that statewide GHG emission limit is met prior to 2020 and GHG emission projections indicate ongoing maintenance of the limit, the requirements of this section shall no longer be applicable to the affected facilities. Prior to finalizing any determination that the statewide GHG emission limit has been met, the director shall provide for public notice and an opportunity for public comment in accordance with the requirements specified in section 11-60.1-205. Upon achieving the statewide GHG emission limit, the director may revise or adopt additional rules to ensure the ongoing maintenance of the statewide GHG emission limit.