Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 5 - COVERED SOURCES
Section 11-60.1-81 - Definitions
Current through February, 2024
As used in this subchapter, unless otherwise defined for purposes of a particular section or subsection of this subchapter:
"Applicable requirement" means all of the following as they apply to emissions units in a covered source (including requirements that have been promulgated or approved by EPA through rulemaking at the time of permit issuance but have future-effective compliance dates):
(1) Any standard or other requirement provided for in the state implementation plan approved or promulgated by EPA;
(2) Any term or condition of any preconstruction permit issued pursuant to regulations approved or promulgated through rulemaking pursuant to Title I, including Part C of the Act;
(3) Any standard or other requirement approved pursuant to Section 111 of the Act, including Section III(d);
(4) Any standard or other requirement approved pursuant to Section 112 of the Act, including any requirement concerning accident prevention approved pursuant to Section 112(r)(7) of the Act;
(5) Any requirement approved pursuant to Section 504(b) or 114(a)(3) of the Act;
(6) Any standard or other requirement governing solid waste incineration approved pursuant to Section 129 of the Act;
(7) Any standard or other requirement for consumer and commercial products, approved pursuant to Section 183(e) of the Act;
(8) Any standard or other requirement for tank vessels approved pursuant to Section 183(f) of the Act;
(9) Any standard or other requirement of the program to control air pollution from outer continental shelf sources approved pursuant to Section 328 of the Act;
(10) Any standard or other requirement of the regulations promulgated to protect stratospheric ozone approved pursuant to Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit;
(11) Any NAAQS or increment or visibility requirement approved pursuant to Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to Section 504(e) of the Act;
(12) Any NAAQS or state ambient air quality standard;
(13) Any standard or other requirement approved pursuant to Title I, including Part C of the Act;
(14) The application of best available control technology to control regulated air pollutants, but only as best available control technology would apply to new covered sources and significant modifications to covered sources that have the potential to emit or increase emissions above significant amounts considering any limitations, enforceable by the director, on the covered source to emit a pollutant; and
(15) Any standard or other requirement provided for in chapter 342B, HRS; this chapter; or chapter 11-59.
"Emissions allowable under the permit" means a federally enforceable permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or a federally enforceable emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.
"Final covered source permit" means the version of a covered source permit issued by the director that has completed all review procedures required by 40 CFR Parts 70.7 and 70.8.
"General permit" means a covered source permit covering numerous similar sources that meets the requirements of section 11-60.1-92.
"Minor modification" means a modification which:
(1) Does not increase the emissions of any air pollutant above the permitted emission limits and for existing major stationary sources, does not result in a major modification as defined in section 11-60.1-131;
(2) Does not result in or increase the emissions of any air pollutant not limited by permit to levels equal to or above the following, and for existing major stationary sources, does not result in a major modification as defined in section 11-60.1-131:
(3) Does not violate any applicable requirement;
(4) Does not involve significant changes to existing monitoring requirements or any relaxation or significant change to existing reporting or recordkeeping requirements in the permit. Any change to the existing monitoring, reporting, or recordkeeping requirements that reduces the enforceability of the permit is considered a significant change;
(5) Does not require or change a case-by-case determination of an emission limitation or other standard, a source-specific determination for temporary sources of ambient impacts, or a visibility or increment analysis;
(6) Does not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement, and that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject. Such terms and conditions include:
(7) Is not a modification pursuant to any provision of Title I of the Act.
"Modification" means a physical change in or a change in the method of operation of a stationary source which requires a change to a permit. Modification includes minor and significant modifications. Routine maintenance, repair, and replacement of parts shall not be considered a modification.
"Nonmajor covered source" means any covered source that is not a major covered source.
"Proposed covered source permit" means the version of a permit that the director proposes to issue, and forwards to EPA for review pursuant to section 11-60.1-95.
"Section 502(b) (10) changes" means changes that contravene an express permit term. Such changes do not include changes that would violate applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
"Significant modification" means a modification which does not qualify as a minor modification or administrative amendment. A significant modification shall include every significant change in existing monitoring requirements, and every relaxation of, or significant change to the existing reporting or recordkeeping requirements. Nothing herein shall be construed to preclude the permittee from making changes consistent with this part that would render existing permit compliance terms and conditions irrelevant.
"Temporary covered source" means a nonmajor covered source that is intended to be operated at multiple locations for a designated period of time at each location. The operation of the source shall be temporary and involve at least one change of location during the term of a covered source permit.
"Timely application" means:
(1) An initial application for a covered source permit filed during the transition period, in accordance with the submittal schedule in section 11-60.1-87; or
(2) An application for a covered source permit renewal which is submitted to the director no fewer than twelve months and no more than eighteen months prior to the permit expiration date, or the deadline as approved by the director pursuant to subsection 11-60.1-101(b).
"Transition period" means the three years following the effective date of this chapter.
