Current through February, 2024
(a) Except as provided in subsections (d),
(e), and (k) and section
11-60.1-87, no person shall burn
used or waste oil or begin construction, reconstruction, modification,
relocation, or operation of an emission unit or air pollution control equipment
of any covered source without first obtaining a covered source permit from the
director. The construction, reconstruction, modification, relocation, or
operation shall continue only if the owner or operator of a covered source
holds a valid covered source permit.
(b) The covered source permit shall remain
valid past the expiration date and the covered source shall not be in violation
for failing to have a covered source permit, until the director has issued or
denied the renewal of the covered source permit, provided:
(1) Prior to permit expiration, a timely and
complete renewal application has been submitted and the owner or operator acts
consistently with the permit previously granted, the application on which it
was based, and all plans, specifications, and other information submitted as
part of the application; and
(2)
The owner or operator has submitted to the director within the specified
deadlines, all requested additional information deemed necessary to evaluate or
take final action on the renewal application, as described in section
11-60.1-101(e).
(c) The covered source permit shall not
constitute, nor be construed to be an approval of the design of the covered
source. The covered source permit shall be issued in accordance with this
chapter and it is the responsibility of the applicant to ensure compliance with
all applicable requirements in the construction and operation of any covered
source.
(d) The following are
exempt from the requirements of subsection (a):
(1) All sources and source categories that
would be required to obtain a permit solely because they are subject to the
"Standards of Performance for New Residential Wood Heaters,"40 CFR Section
60.530 et seq.;
(2) All sources and source categories that
would be required to obtain a permit solely because they are subject to the
"Standards for Demolition and Renovation" pursuant to the "National Emission
Standard for Asbestos,"40
CFR Section 61.145;
(3) Ocean-going vessels, except for
ocean-going vessels subject to any standard or other requirement for the
control of air pollution from outer continental shelf sources, pursuant to 40
CFR Part 55 ;
(4) Internal
combustion engines propelling mobile sources such as automobiles, trucks,
cranes, forklifts, front-end loaders, graders, trains, helicopters, and
airplanes;
(5) Nonroad Engines.
Owners of nonroad engines, except for those exempt engines listed in
subsections (f) and (g) of this section, must maintain a Nonroad Engine
Location Log to demonstrate the engine meets subparagraph (1)(C) of the nonroad
engine definition of Subchapter 1, The Nonroad Engine Location Log shall
include:
(A) Owner's Name;
(B) Engine Manufacturer and Model;
(C) Engine Serial Number;
(D) Engine Date of Manufacture; and
(E) For each location to which the engine is
moved, the location of the engine, initial date at the location, and the date
moved off the location;
(6) Diesel fired portable ground support
equipment used exclusively to start aircraft or provide temporary power or
support service to aircraft prior to start-up; and
(7) Air-conditioning or ventilating systems
that do not contain more than 50 pounds of any Class I or Class II ozone
depleting substance regulated under Title VI of the Act and are not designed to
remove air pollutants generated by or released from equipment.
(e) The owner or operator of any
insignificant activity identified in subsections (f) and (g) may begin
construction, reconstruction, modification, or operation of the activity
without first obtaining a covered source permit, provided:
(1) The insignificant activity does not cause
a noncovered stationary source to become a major source;
(2) The insignificant activity does not cause
the stationary source to become subject to provisions of subchapter 7;
and
(3) The owner or operator can
demonstrate to the director's satisfaction that each activity meets the size,
emission level, or production rate criteria contained in subsections (f) and
(g).
The insignificant activities listed in subsection (f) shall
be identified in the covered source permit application. The insignificant
activities listed in subsection (g) need not be identified in the covered
source permit application, unless subject to an applicable requirement. Any
fuel burning equipment identified shall not include equipment burning off-spec
used oil or fuel classified as hazardous waste. The director may request
additional information on any insignificant activity to determine the
applicability of, or to impose, any applicable requirement. Action to
incorporate applicable requirements for insignificant activities into a covered
source permit shall be in accordance with section
11-60.1-88.5.
(f) Insignificant
activities based on size, emission level, or production rate, are as follows:
(1) Any storage tank, reservoir, or other
container of capacity equal to or less than forty thousand gallons storing
volatile organic compounds, except those storage tanks, reservoirs, or other
containers subject to any standard or other requirement pursuant to Sections
111 and 112 of the Act;
(2) Other
than smoke house generators and gasoline fired industrial equipment, fuel
burning equipment with a heat input capacity less than one million BTU per
hour, or a combination of fuel burning equipment operated simultaneously as a
single unit having a total combined heat input capacity of less than one
million BTU per hour;
(3) Steam
generators, steam superheaters, water boilers, or water heaters, all of which
have a heat input capacity of less than five million BTU per hour, and are
fired exclusively with one of the following:
(A) Natural or synthetic gas;
(B) Liquified petroleum gas; or
(C) A combination of natural, synthetic, or
liquified petroleum gas;
(4) Kilns used for firing ceramic ware heated
exclusively by natural gas, electricity, liquid petroleum gas, or any
combination of these and have a heat input capacity of five million BTU per
hour or less;
(5) Standby
generators used exclusively to provide electricity, standby sewage pump drives,
and other emergency equipment used to protect the health and welfare of
personnel and the public, all of which are used only during power outages,
emergency equipment maintenance and testing, and which:
(A) Are fired exclusively by natural or
synthetic gas; or liquified petroleum gas; or fuel oil No. 1 or No. 2; or
diesel fuel oil No. ID or No. 2D; and
(B) Do not trigger a Prevention of
Significant Deterioration (PSD) or covered source review, based on their
potential to emit regulated or hazardous air pollutants;
(6) Paint spray booths that emit less than
emission levels specified in paragraph 7 below, except for paint spray booths
subject to any standard or other requirement pursuant to Section 112 (d) of the
Act; and
(7) Other activities which
emit less than:
(A) 500 pounds per year of a
hazardous air pollutant, except lead;
(B) 300 pounds per year of lead;
(C) five tons per year of carbon
monoxide;
(D) 3,500 tons per year
CO2e of greenhouses gases; and
(E) two tons per year of each regulated air
pollutant not already identified above; and which the director determines to be
insignificant on a case-by-case basis.
(g) Insignificant activities in addition to
those listed in subsection (f) are:
(1)
Welding booths;
(2) Hand held
equipment used for buffing, polishing, carving, cutting, drilling, machining,
routing, sanding, sawing, surface grinding, or turning of ceramic art work,
precision parts, leather, metals, plastics, fiber board, masonry, carbon,
glass, or wood, provided reasonable precautions are taken to prevent
particulate matter from becoming airborne. Reasonable precautions include the
use of dust collection systems, dust barriers, or containment
systems;
(3) Laboratory equipment
used exclusively for chemical and physical analyses;
(4) Containers, reservoirs, or tanks used
exclusively for dipping operations for coating objects with oils, waxes, or
greases where no organic solvents, diluents, or thinners are used; or dipping
operations for applying coatings of natural or synthetic resins which contain
no organic solvents;
(5) Closed
tumblers used for cleaning or deburring metal products without abrasive
blasting, and pen tumblers with batch capacity of one thousand pounds or
less;
(6) Fire water system pump
engines dedicated for fire-fighting and maintaining fire water system pressure,
which are operated only during fire fighting and periodically for engine
maintenance, and fired exclusively by natural or synthetic gas; or liquified
petroleum gas; or fuel oil No. 1 or No. 2; or diesel fuel No. 1D or No.
2D;
(7) Smoke generating systems
used exclusively for training in government or certified fire fighting training
facilities;
(8) Gasoline fired
portable industrial equipment less than 25 horsepower in size;
(9) Plant maintenance and upkeep activities
(e.g., grounds-keeping, general repairs, cleaning, painting, welding, plumbing,
re-tarring roofs, installing insulation, and paving parking lots), including
equipment used to conduct these activities, provided these activities are not
conducted as part of a manufacturing process, are not related to the source's
primary business activity, and are not otherwise subject to an applicable
requirement triggering a permit modification;
(10) Fuel burning equipment which is used in
a private dwelling or for space heating, other than internal combustion
engines, boilers, or hot furnaces;
(11) Ovens, stoves, and grills used solely
for the purpose of preparing food for human consumption operated in private
dwellings, restaurants, or stores;
(12) Stacks or vents to prevent escape of
sewer gases through plumbing traps;
(13) Consumer use of office equipment and
products; and
(14) Woodworking
shops with a sawdust collection system.
(h) The prevention of significant
deterioration review requirements of subchapter 7 for new major stationary
sources and major modifications are additional requirements for considering an
application for a covered source permit. In the event any requirement of
subchapter 7 is in conflict with the requirements of this subchapter, the most
stringent requirement shall apply.
(i) Any covered source permit, including
temporary and general covered source permits, permit renewals, or permit
amendments for a modification may be issued only if all of the following
conditions are met:
(1) The owner or operator
has submitted a complete covered source permit application;
(2) Except for minor modifications and
administrative amendments, the director has provided for public notice,
including the method by which a public hearing can be requested, and an
opportunity for public comment on the draft covered source permit in accordance
with section
11-60.1-99;
(3) The permit provides for compliance with
all applicable requirements and contains the applicable terms and conditions
pursuant to 11-60.1-90; and
(4) The
requirements for transmission of information to EPA and EPA oversight have been
satisfied pursuant to sections
11-60.1-94 and
11-60.1-95.
(j) An owner or operator of a stationary
source that is not subject to the requirements of subchapter 5 and that becomes
subject to the requirements of subchapter 5, or becomes subject to additional
requirements of subchapter 5, pursuant to a new or amended regulation under
Section 111 or 112 of the Act, HRS chapter 342B, or this chapter shall submit a
complete and timely covered source permit application to address the new
requirements. For purposes of this subsection, "timely" means;
(1) by the date required under subchapter 8
or 9 of this chapter, or the applicable federal regulation, whichever deadline
is earlier; or
(2) within twelve
months after the effective date of the new or amended regulation, if not
specified in the applicable regulation.
The owner or operator of the source may continue to
construct or operate and shall not be in violation for failing to have a
covered source permit addressing the new requirements only if the owner or
operator has submitted to the director a complete and timely covered source
permit application, and any additional information that the director deems
necessary to evaluate or take final action on the application, including
additional information required pursuant to sections
11-60.1-83(d)
and 11-60.1-84.
(k) The director, upon written request and
submittal of adequate support information from the owner or operator of a
covered source, may provide written approval of the following activities to
proceed without prior issuance or amendment of a covered source permit. Under
no circumstances will these activities be approved if the activity interferes
with the imposition of any applicable requirement or the determination of
whether a stationary source is subject to any applicable requirement.
(1) Installation and operation of air
pollution control devices. The director may allow the installation and
operation of an air pollution control device prior to issuing a covered source
permit or amendment to a covered source permit if the owner or operator of the
source can demonstrate that the control device reduces the amount of emissions
previously emitted, does not emit any new air pollutants, and does not
adversely affect the ambient air quality impact assessment. The owner or
operator of the covered source shall submit with the written request, a
complete covered source permit application to install and operate the air
pollution control device. The application shall include the proposed operating
parameters, including any parametric monitoring to ensure that the control
device is operating properly.
(2)
Test burns. The director may allow an owner or operator of a covered source to
test alternate fuels not allowed by permit if the following conditions are met:
(A) The test burn period does not exceed one
week, unless the director, upon reasonable justification, approves a longer
period, not to exceed three months;
(B) The purpose of the test burn is to
establish emission rates, to determine if alternate fuels are feasible with the
existing covered source facility, or as an investigative measure to research
the operational characteristics of a fuel;
(C) A stack performance test, a pre-approved
monitoring program, or both, if requested by the director, are conducted during
the test burn to record and verify emissions;
(D) The owner or operator of the covered
source provides emission estimates of the test burn and demonstrates that no
violation of the NAAQS and state ambient air quality standards will
occur;
(E) The owner or operator of
the covered source demonstrates that the use of the alternate fuel is allowed
or not restricted by any applicable requirement, other than the permit
condition(s) restricting the alternate fuel use; and
(F) If a performance test or monitoring is
required, the owner or operator of the covered source provides written test or
monitoring results within sixty days of the completion of the test burn or such
other time as approved by the director. The results shall include the
operational parameters of the covered source at the time of the test burn, and
any other significant factors that affected the test or monitoring results.
If the director approves the test burn, the director may
set operational limitations or other conditions for the test burn. Deviations
from those limits or conditions shall be considered a violation of this
chapter.
