Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 60.1 - AIR POLLUTION CONTROL
Subchapter 6 - FEES FOR COVERED SOURCES, NONCOVERED SOURCES, AND AGRICULTURAL BURNING
Section 11-60.1-111 - Definitions
Current through February, 2024
As used in this subchapter:
"Actual emissions" means the actual rate of emissions of a regulated or hazardous air pollutant from a stationary source. Actual emissions for a time period as specified by the director shall equal the average rate in pounds per hour at which the stationary source actually emitted the pollutant during the specified time period, and which is representative of the source's actual operation. The director shall allow the use of a different time period upon a determination that it is more representative of the actual operation of a source. Actual emissions shall be calculated using the source's actual operating hours, production rates, and amounts of materials processed, stored, or combusted during the selected time period. Other parameters may be used in the calculation of actual emissions if approved by the director.
"Air permit application" means a noncovered or covered source permit application.
"Air permit program" means the program established pursuant to part III of chapter 342B, HRS, and this chapter.
"Allowable emission rate" means the quantity of regulated or hazardous air pollutant that may be emitted (per unit of time, tons of production, or other parameter) as established by an air permit limitation or an applicable requirement that establishes an emission limit.
"Annual fee" means the fee imposed on each owner or operator of a stationary source on an annual basis.
"AP-42" means EPA's compilation of air pollutant emission factors. Volume 1; Stationary Point and Area Sources, Fifth Edition, and its associated supplements and appendices.
"Application fee" means the fee imposed on an owner or operator of:
(1) A stationary source upon the filing of any air permit application; or
(2) An agricultural operation upon the filing of any agricultural burning permit application.
"Closure fee" means the annual fee that an owner or operator of a stationary source is assessed for the last year a source is in operation before permanent discontinuance.
"Covered source permit application" means an application for an initial covered source permit, a renewal of a covered source permit, a permit amendment for any modification to a covered source, or the written request filed for a change in location of a temporary covered source, or an administrative permit amendment to a covered source permit.
"Dollar per ton charge" means the dollar fee charge per ton of regulated air pollutant emitted, and the dollar fee charge per CO2e ton of greenhouse gas emitted.
"Fee worksheets" means the forms provided by the director to aid the owner or operator of a stationary source in the calculation of annual fees.
"Major modification" has the same meaning as in section 11-60.1-131.
"Minor modification" has the same meaning as in section 11-60.1-81.
"Non-toxic pollutant" means any pollutant that is not a toxic pollutant.
"Non-toxic source" means a stationary source that is not a toxic source.
"Noncovered source permit application" means an application for an initial noncovered source permit, a renewal of a noncovered source permit, a permit amendment for any modification to a noncovered source, or the written request for a change in location of a temporary noncovered source, or an administrative permit amendment to a noncovered source permit.
"PSD source" means a source subject to the requirements of subchapter 7.
"Significant modification" has the same meaning as in section 11-60.1-81.
"Toxic pollutant" means any hazardous air pollutant listed pursuant to Section 112(b) of the Act, and any other hazardous air pollutant designated by this chapter.
"Toxic source" means:
(1) A major covered source that emits or has the potential to emit any hazardous air pollutant, except radionuclides, in the aggregate of ten tons per year or more, or twenty-five tons per year or more of any combination;
(2) A covered source that is subject to an emission standard or other requirement for hazardous air pollutants approved pursuant to Section 112 of the Act, with the exception of those sources solely subject to regulations or requirements approved pursuant to Section 112(r) of the Act; or
(3) A noncovered source that emits or has the potential to emit two tons per year or more of any hazardous air pollutant or five tons per year or more of any combination.
"Verifiable documentation" means a record, certified pursuant to section 11-60.1-4, that best substantiates the operating characteristic or parameters of a stationary source. Records identified as verifiable documentation may include fuel usage records, production records, or other records that can be substantiated through the use of non-resetting fuel or hour meters, appropriate testing, and other methods or devices, as required or deemed acceptable by the director. Records may be deemed unacceptable by the director if found to be erroneous, incomplete, inaccurate, or inconsistent.
