Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 4 - NONCOVERED SOURCES
Section 11-60.1-68 - Permit content
Universal Citation: HI Admin Rules 11-60.1-68
Current through February, 2024
The director shall consider and incorporate the following elements into a noncovered source permit as applicable:
(1) Emission limitations and standards, including operational requirements and limitations to assure compliance with all applicable requirements at the time of permit issuance;
(2) Permit term pursuant to section 11-60.1-67;
(3) Requirements for the installation of devices, at the expense of the owner or operator, for the measurement or analysis of source emissions or ambient concentrations of air pollutants;
(4) The requirement for source emissions tests or alternative methodology to determine compliance with the terms and conditions of the noncovered source permit and applicable requirements. Source emission tests conducted or alternative methodology used shall be at the expense of the owner or operator;
(5) Monitoring and related recordkeeping and reporting requirements to assure compliance with all the terms and conditions of the permit, including:
(A) Monitoring
results expressed in units, averaging periods, and other statistical
conventions consistent with the applicable requirements;
(B) Requirements concerning the use,
maintenance, and installation of monitoring equipment. The installation,
operation, and maintenance of the monitoring equipment shall be at the expense
of the owner or operator;
(C)
Appropriate monitoring methods;
(D)
Monitoring records including:
(i) Place as
defined in the permit, date, and time of sampling or measurements;
(ii) Dates the analyses were performed;
(iii) The name and address of the
company or entity that performed the analyses;
(iv) Analytical techniques or methods used;
(v) Analyses results; and
(vi) Operating conditions during
the time of sampling or measurement;
(E) Other records including support
information, such as calibration and maintenance records, original stripchart
recordings or computer printouts for continuous monitoring instrumentation, and
all other reports required by the director;
(F) A requirement for the retention of
records of all required monitoring data and support information for a period of
at least three years from the date of the monitoring sample, measurement,
report, or application. Support information includes all calibration and
maintenance records and all original stripchart recordings for continuous
monitoring instrumentation, and copies of all reports required by the permit;
and
(G) Provisions for the owner or
operator to annually report in writing emissions of hazardous air
pollutants;
(6) Terms and conditions for reasonably anticipated operating scenarios identified by the source in the noncovered source permit application as approved by the director. Such terms and conditions shall include:
(A) A
requirement that the owner or operator, contemporaneously with making a change
from one operating scenario to another, record in a log at the permitted
facility the scenario under which it is operating and, if required by the
director, submit written notification to the director; and
(B) Provisions to ensure that the terms and
conditions under each alternative scenario meet all applicable
requirements;
(7) General provisions including:
(A) A statement that
the owner or operator shall comply with all terms and conditions of the
noncovered source permit and that any permit noncompliance constitutes a
violation of this chapter, and is grounds for enforcement action; for permit
termination, suspension, reopening, or amendment; or for denial of a permit
renewal application;
(B) A
severability clause to ensure the continued validity of the various permit
requirements in the event of a challenge to any portion of the
permit;
(C) A statement that it
shall not be a defense for a permittee in an enforcement action that it would
have been necessary to halt or reduce the permitted activity to maintain
compliance with the terms and conditions of the permit;
(D) A statement that the permit may be
terminated, suspended, reopened, or amended for cause pursuant to sections
11-60.1-10 and
11-60.1-72, and section
342B-27, HRS. The filing of a
request by the permittee for a permit termination, suspension, reopening, or
amendment or of a notification of planned changes or anticipated noncompliance
does not stay any permit condition;
(E) A statement that the permit does not
convey any property rights of any sort, or any exclusive privilege;
(F) A provision that, if construction is not
commenced, continued, or completed in accordance with section
11-60.1-9, the noncovered source
permit for the subject emission unit shall become invalid;
(G) A provision that the owner or operator
shall notify the director in writing of the anticipated date of initial startup
for each emission unit of a new noncovered source or modification to the source
not more than sixty days or less than thirty days prior to such date. The
director shall also be notified in writing of the actual date of construction
commencement and startup within fifteen days after such dates;
(H) A requirement pursuant to sections
11-60.1-15 and
11-60.1-16 for reporting of
equipment shutdown and malfunction;
(I) A statement that the owner or operator
shall furnish in a timely manner any information or records requested in
writing by the department to determine whether cause exists for terminating,
suspending, reopening, or amending the permit, or to determine compliance with
the permit. Upon request, the permittee shall also furnish to the department
copies of records required to be kept by the permit. For information claimed to
be confidential, the permittee shall furnish such records to the department
with a claim of confidentiality;
(J) A provision for the designation of
confidentiality of any records pursuant to section
11-60.1-14;
(K) A requirement that the owner or operator
shall submit fees in accordance with subchapter
6;
(L) Certification requirements pursuant to
section 11-60.1-4;
(M) A requirement that the owner or operator
allow the director or an authorized representative, upon presentation of
credentials or other documents required by law:
(i) To enter the owner or operator's premises
where a source is located or emission-related activity is conducted, or where
records must be kept under the conditions of the permit and inspect at
reasonable times all facilities, equipment, including monitoring and air
pollution control equipment, practices, operations, or records covered under
the terms and conditions of the permit and request copies of records or copy
records required by the permit; and
(ii) To sample or monitor at reasonable times
substances or parameters to assure compliance with the permit or applicable
requirements; and
(N) A
requirement that at all times, including periods of startup, shutdown, and
malfunction, owners and operators shall, to the extent practicable, maintain
and operate any affected facility, including associated air pollution control
equipment, in a manner consistent with good air pollution control practice for
minimizing emissions. Determination of whether acceptable operating and
maintenance procedures are being used will be based on information available to
the director which may include, but is not limited to, monitoring results,
opacity observations, review of operating and maintenance procedures, and
inspection of the source.
(8) Compliance plan submittal requirements pursuant to section 11-60.1-65; and
(9) Any other provision to assure compliance with all applicable requirements.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
