Current through February, 2024
The director shall consider and incorporate the following
elements into all covered source permits, 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) Requirements regarding fugitive emissions
regardless of whether the source category in question is included in the list
of sources contained in the definition of "major source";
(3) The origin of and authority for each term
or condition and any differences in form as compared to the applicable
requirement upon which the term or condition is based;
(4) Permit term pursuant to section
11-60.1-89;
(5) 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;
(6) The requirement for
source emissions tests or alternative methodology to determine compliance with
the terms and conditions of the covered source permit, and applicable
requirements. Source emission tests conducted or alternative methodology used
shall be at the expense of the owner or operator;
(7) All monitoring and related recordkeeping
and reporting requirements to assure compliance with all terms and conditions
of the permit. Each covered source permit shall address the following with
respect to monitoring, recordkeeping, and reporting:
(A) All reporting, emissions monitoring and
analysis procedures, or test methods, required pursuant to the applicable
requirements, including any procedures or methods promulgated pursuant to
Section 114(a) (3) or 504(b) of the Act;
(B) If the applicable requirement does not
require periodic testing or instrumental or noninstrumental monitoring,
periodic monitoring or recordkeeping sufficient to yield reliable data from the
relevant time period that is representative of the source's compliance with the
permit. Use of terms, test methods, units, averaging periods, and other
statistical conventions used for these requirements shall be consistent with
applicable requirements;
(C)
Monitoring results expressed in units, averaging periods, and other statistical
conventions consistent with the applicable requirements;
(D) 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;
(E)
Appropriate monitoring methods;
(F)
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;
(G) 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;
(H) A requirement for the retention of
records of all required monitoring data and support information for a period of
at least five 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;
(I) A requirement for
submission of reports of any required monitoring at least every six months.
Deviations from the permit requirements shall be clearly identified and
addressed in these reports;
(J) A
requirement for prompt reporting of deviations from permit requirements,
including those attributable to upset conditions as defined in the permit, the
probable cause of such deviations, and any corrective actions or preventive
measures taken. The term "prompt" shall be delineated on a permit-by-permit
basis in relation to the degree and type of deviation likely to occur and the
applicable requirements; and
(K)
Provisions for the owner or operator to annually report in writing, emissions
of hazardous air pollutants;
(8) If requested by the owner or operator of
a covered source, terms and conditions to allow emissions trading within the
facility pursuant to section
11-60.1-96, including provisions
to insure compliance with all applicable requirements, and requiring the owner
or operator to provide a minimum seven-day advance written notification to the
Administrator and director prior to any proposed emissions trading;
(9) Terms and conditions for reasonably
anticipated operating scenarios identified by the source in the covered 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 any applicable requirement or 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;
(10)
General provisions including:
(A) A statement
that the owner or operator shall comply with all the terms and conditions of
the covered source permit and that any permit noncompliance constitutes a
violation of this chapter and the Act 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
11-60.1-98, 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 covered 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 covered source or significant modification 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 these dates;
(H) 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 director may require the permittee to furnish such records
not only to the department but also directly to the Administrator along with a
claim of confidentiality;
(I) A
requirement that a copy of applicable correspondence or records submitted to
the department be provided to the Administrator;
(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.
(11) Compliance plan and compliance
certification submittal requirements pursuant to sections
11-60.1-85 and
11-60.1-86; and
(12) Any other provision to assure compliance
with all applicable requirements.
