Section 11-265-1082 - Schedule for implementation of air emission standards(a) Owners or operators of facilities existing on December 6, 1996, and subject to subchapters I, J, and K shall meet the following requirements: (1) Install and begin operation of all control equipment or waste management units required to comply with this subchapter and complete modifications of the production or treatment processes to satisfy exemption criteria in accordance with section 11-265-1083(c).(b) Owners or operators of facilities and units in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to subchapters I, J, or K shall meet the following requirements: (1) Install and begin operation of control equipment or waste management units required to comply with this subchapter, and complete modifications of production or treatment processes to satisfy exemption criteria of section 11-265-1083(c) by the effective date of the amendment, except as provided for in paragraph (b)(2).(2) When control equipment or waste management units required to comply with this subchapter cannot be installed and begin operation, or when modifications of production or treatment processes to satisfy exemption criteria of section 11-265-1083(c) cannot be completed by the effective date of the amendment, the owner or operator shall: (i) Install and begin operation of the control equipment or waste management unit, and complete modification of production or treatment processes as soon as possible but no later than 30 months after the effective date of the amendment.(ii) For facilities subject to the recordkeeping requirements of section 11-265-73, enter and maintain the implementation schedule specified in subparagraph (a)(2)(ii) in the operating record no later than the effective date of the amendment, or(iii) For facilities not subject to section 11-265-73, the owner or operator shall enter and maintain the implementation schedule specified in subparagraph (a) (2) (ii) in a permanent, readily available file located at the facility site no later than the effective date of the amendment.(c) Owners and operators of facilities and units that become newly subject to the requirements of this subchapter after the effective date of the State rules due to an action other than those described in subsection (b) must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this subchapter; the 30-month implementation schedule does not apply).(d) The director may elect to extend the implementation date for control equipment at a facility, on a case by case basis, to a date later than the effective date of the rules, when special circumstances that are beyond the facility owner's or operator's control delay installation or operation of control equipment, and the owner or operator has made all reasonable and prudent attempts to comply with the requirements of this subchapter.Haw. Code R. § 11-265-1082
[Eff 3/13/99; comp] (Auth: HRS §§ 342J-4, 342J-31, 342J-34, 342J-35) (Imp: 40 C.F.R. §265.1082 )