Haw. Code R. § 11-60.1-62 - Applicability

(a) Except as provided in subsections (d) and (g) and section 11-60.1-66, 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 noncovered source without first obtaining a noncovered source permit from the director. The construction, reconstruction, modification, relocation, or operation shall continue only if the owner or operator of a noncovered source holds a valid noncovered source permit. An owner or operator of a grandfathered noncovered source, one constructed, modified, or relocated on or prior to March 20, 1972, may be required by the director to obtain a noncovered source permit if the source is found to operate in violation of an applicable requirement, or is found to have improper or inadequate air pollution controls.

(b) The noncovered source permit shall remain valid past the expiration date and the noncovered source shall not be in violation for failing to have a noncovered source permit, until the director has issued or denied a renewal of the noncovered 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 11-60.1-74(e).

(c) A noncovered source permit shall not constitute, nor be construed to be an approval of the design of a noncovered source. Noncovered source permits shall be issued in accordance with this chapter and it is the responsibility of the applicants to ensure compliance with all applicable requirements in the construction and operation of any noncovered source.

(d) The following are exempt from the requirements of subsection (a), provided that no exemption interferes with the imposition of any requirement of subchapter 5 or the determination of whether a stationary source is subject to any requirement of this chapter. Sources or activities exempt from the requirements of subsection (a) shall not relieve the owner or operator from complying with any other applicable requirement, including provisions of subchapter 2. Any fuel burning equipment identified shall not include equipment burning off-spec used oil or fuel classified as hazardous waste. The director shall reserve the right to disallow any exemption and impose the requirements of subsection (a), if the source or activity requires additional controls or monitoring to ensure compliance with the applicable requirements.

(1) Stationary sources with potential emissions of less than:

(A) 500 pounds per year for each hazardous air pollutant, except lead;

(B) 300 pounds per year for lead;

(C) five tons per year of carbon monoxide;

(D) 3,500 tons per year CO₂e for greenhouse gases; and

(E) two tons per year of each regulated air pollutant not already identified above;

(2) 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.;

(3) 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;

(4) Gasoline service stations;

(5) 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;

(6) 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;

(7) 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 ten million BTU per hour or less;

(8) 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 PSD or covered source review, based on their potential to emit regulated or hazardous air pollutants;

(9) Landfills, except for operating municipal waste landfills with a design capacity equal to or greater than 1,500,000 metric tons;

(10) Paint spray booths, except for paint spray booths subject to any standard or other requirement pursuant to Section 112(d) of the Act;

(11) Welding booths;

(12) Diesel fired portable industrial equipment less than 200 horsepower in size which is used during power outages or periodically for the equipment's maintenance and repair;

(13) Gasoline fired portable industrial equipment less than:

(A) 25 horsepower; or

(B) 200 horsepower in size which is used during power outages or periodically for the equipment's maintenance and repair;

(14) 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;

(15) Laboratory equipment used exclusively for chemical and physical analyses;

(16) 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;

(17) Closed tumblers used for cleaning or deburring metal products without abrasive blasting, and pen tumblers with batch capacity of one thousand pounds or less;

(18) 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 ;

(19) 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. ID or No. 2D;

(20) Smoke generating systems used exclusively for training in government or certified fire fighting training facilities;

(21) Internal combustion engines propelling mobile sources such as automobiles, trucks, cranes, forklifts, front-end loaders, graders, trains, helicopters, and airplanes;

(22) Nonroad engines. Owners of nonroad engines, except for those exempt engines listed in subsection (d) 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;

(23) Diesel fired portable ground support equipment used exclusively to start aircraft or provide temporary power or support service to aircraft prior to start-up;

(24) 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;

(25) Fuel burning equipment which is used in a private dwelling or for space heating, other than internal combustion engines, boilers, or hot furnaces;

(26) Ovens, stoves, or grills used solely for the purpose of preparing food for human consumption operated in private dwellings, restaurants, or stores;

(27) Stacks or vents to prevent escape of sewer gases through plumbing traps;

(28) Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment, and that do not involve the open release or venting of CFC's into the atmosphere;

(29) Woodworking shops with a sawdust collection system; and

(30) Other sources as may be approved by the director.

(e) An owner or operator of a stationary source that is not subject to the requirements of subchapter 4, and that becomes subject to the requirements of subchapter 4 because of a new or amended regulation in HRS chapter 342B or this chapter shall submit a complete and timely noncovered source permit application. For purposes of this subsection, "timely" means within six months after the effective date of the new or amended regulation or such other time as approved by the director. The owner or operator of the source may continue to construct or operate and shall not be in violation for failing to have a noncovered source permit only if the owner or operator has submitted to the director a complete and timely noncovered source permit application, and any additional information necessary for the processing of the application, including additional information required pursuant to sections 11-60.1-63(d) and 11-60.1-64.

(f) An owner or operator of a stationary source that becomes subject to the 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.

(g) The director, upon written request and submittal of adequate support information from the owner or operator of a noncovered source, may provide written approval of the following activities to proceed without prior issuance or amendment of a noncovered 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 noncovered source permit or amendment to a noncovered 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 noncovered source shall submit with the written request, a complete noncovered source permit application to install and operate the air pollution control device.

(2) Test burns. The director may allow an owner or operator of a noncovered 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 noncovered 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 noncovered source provides emission estimates of the test burn and if requested by the director, an ambient air quality impact assessment to demonstrate that no violation of the NAAQS and state ambient air quality standards will occur;

(E) The owner or operator of the noncovered 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 noncovered 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 noncovered 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.

Notes

Haw. Code R. § 11-60.1-62

[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416) Am and comp 2/8/2024