Haw. Code R. § 11-60.1-16.5 - Emergency provision

(a) An emergency constitutes an affirmative defense to any action brought for noncompliance with any technology-based emission limitation, if it can be demonstrated to the director through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An emergency occurred and the owner or operator of the source can identify the cause or causes of the emergency;

(2) The permitted facility was at the time being properly operated;

(3) During the period of the emergency, the owner or operator of the source took all reasonable steps to minimize emission levels that exceeded the emission limitations or other requirements in the covered or noncovered source permit; and

(4) The owner or operator of the source submitted written notice of the emergency to the director within two working days of the time when emission limitations were exceeded due to the emergency, provided that the notice contained a description of the emergency, any steps taken to mitigate emissions, and corrective actions taken.

(b) In any proceedings for enforcement action, the owner or operator of the source seeking to establish the occurrence of an emergency has the burden of proof.

(c) This emergency provision is in addition to any emergency or upset provision in any applicable requirement.

Notes

Haw. Code R. § 11-60.1-16.5

[Eff and comp 9/15/01; comp 11/14/03, comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70) Historical note: § 11-60.1-16.5 is based substantially upon § 11-60.1-97. [Eff 11/26/93; comp 10/26/98; R 9/15/01] Comp 2/8/2024