Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 4 - NONCOVERED SOURCES
Section 11-60.1-66 - Transition into the noncovered source permit program
Current through February, 2024
(a) The owner or operator of an existing noncovered source with a permit to operate, issued pursuant to repealed chapter 11-60, shall submit a complete initial noncovered source permit application at least sixty days prior to the expiration of the permit to operate. The owner or operator shall continue to operate according to the provisions of the permit to operate and in accordance with any applicable laws, regulations, and rules in effect at the time the permit to operate was issued, until the noncovered source permit is issued.
(b) The owner or operator of a noncovered source who has applied for but has not received an initial permit to operate or a renewal for a permit to operate pursuant to repealed chapter 11-60 shall submit to the director in a timely manner, not to exceed sixty days from the effective date of this chapter, a complete initial noncovered source permit application (less any permit to operate application fee previously submitted). The owner or operator shall continue to operate according to the provisions of the authority to construct or permit to operate, whichever is applicable, and in accordance with any applicable laws, regulations, and rules in effect at the time the authority to construct or permit to operate was issued, until the noncovered source permit is issued.
(c) The owner or operator of a noncovered source with an authority to construct permit, issued pursuant to repealed chapter 11-60, shall submit to the director a complete initial noncovered source permit application at least sixty days prior to the expiration of the authority to construct permit or the planned date of construction completion, whichever is earlier. The owner or operator may continue construction or operation provided construction or operation is performed in accordance with the provisions of the authority to construct permit and in accordance with any applicable laws, regulations, and rules in effect at the time the authority to construct permit was issued, until the noncovered source permit is issued.
(d) The owner or operator of a noncovered source who has applied for but has not received an authority to construct permit pursuant to repealed chapter 11-60 shall submit to the director in a timely manner a complete initial noncovered source permit application (less any authority to construct application fee previously submitted). A noncovered source permit for the emission unit subject to the authority to construct permit application must be obtained prior to commencement of construction, modification, relocation, or operation.
(e) In the event an authority to construct or permit to operate expires prior to the issuance of the noncovered source permit, the owner or operator may continue to construct or operate only if the owner or operator has submitted to the director a complete noncovered source permit application, and any additional information necessary for the processing of the application. The authority to construct or permit to operate shall continue to be in effect until the noncovered source permit is issued or denied, provided the owner or operator constructs or operates in accordance with the authority to construct or permit to operate and any applicable laws, regulations, and rules in effect at the time of the authority to construct or permit to operate issuance. Noncompliance with any condition of the authority to construct or permit to operate is considered a violation of this chapter.
(f) All noncovered source permit applications, compliance plans and filing fees shall be submitted in accordance with sections 11-60.1-63 and 11-60.1-65, and subchapter 6.
