Current through September, 2024
Section 11-60.1-17 - Prevention of air pollution emergency episodes(a) This section is designed to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occurrence of any emergency due to the effects of these contaminants on the public health.(b) Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the director determines that the accumulation of air contaminants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a threat to the health of the public. In making this determination, the director shall be guided by the criteria set forth in subsections (c) to (g).(c) If the national weather service issues an atmospheric stagnation advisory or if an equivalent local forecast of stagnant atmospheric conditions is issued, the department shall survey its monitoring stations to determine whether alert, warning, or emergency levels have occurred or are likely to occur.(d) The alert level is that concentration of pollutants at which first stage control action is to begin. An alert shall be declared, health advisories issued, and source activities curtailed as ordered by the director when any one of the following levels is reached: (1) SO2 - eight hundred µg/m3 (0.3 ppm), twenty-four-hour average;(2) PM10 - three hundred fifty µg/m3, twenty-four-hour average;(3) SO2 and particulate matter combined - product of SO2, µ/m3, twenty-four-hour average and particulate matter, µg/m3 twenty-four-hour average equal to 65 X 103;(4) CO - seventeen mg/m3 (fifteen ppm), eight-hour average;(5) Ozone - four hundred µg/m3 (0.2 ppm), one-hour average; or(6) NO2 - one thousand one hundred thirty µg/m3 (0.6 ppm), one-hour average; two hundred eighty-two µg/m3 (0.15 ppm), twenty-four-hour average; and meteorological conditions are such that this condition can be expected to continue for twelve or more hours.(e) The warning level indicates that air quality is continuing to degrade and that additional abatement actions are necessary. A warning shall be declared, health advisories issued, and source activities curtailed or terminated as ordered by the director when any one of the following levels is reached:(1) SO2 - one thousand six hundred µg/m3 (0.6 ppm), twenty-four-hour average;(2) PM10 - four hundred twenty µg/m3 twenty-four-hour average;(3) SO2 and particulate matter combined - product of SO2, µg/m3 twenty-four-hour average and particulate matter, µg/m3, twenty-four-hour average equal to 261 X 103;(4) CO - thirty-four µg/m3 (thirty ppm), eight-hour average;(5) Ozone - eight hundred µg/m3 (0.4 ppm), one-hour average; or(6) NO2 - two thousand two hundred sixty µg/m3 (1.2 ppm), one-hour average; five hundred sixty-five µg/m3 (0.3 ppm), twenty-four-hour average; and meteorological conditions are such that this condition can be expected to continue for twelve or more hours.(f) The emergency level indicates that air quality may have an impact on public health. An emergency shall be declared, health advisories issued, source activities terminated as ordered by the director, and the public evacuated from the affected area if so recommended by the director, civil defense, or the police department when the warning level for a pollutant has been exceeded and:(1) The concentrations of the pollutant are continuing to increase;(2) The director determines that, because of meteorological or other facts, the concentrations will continue to increase; or(3) When one of the following levels is reached: (A) SO2 - two thousand one hundred µg/m3 (0.8 ppm), twenty-four-hour average;(B) PM10 - five hundred µg/m3, twenty-four-hour average; or(C) SO2 and particulate matter combined -product of SO2, µg/m3, twenty-four-hour average and particulate matter, µg/m3, twenty-four-hour average equal to 393 X 103;(D) CO - forty-six µg/m3 (forty ppm), eight-hour average;(E) Ozone - one thousand µg/m3 (0.5 ppm), one-hour average; or(F) NO2 - three thousand µg/m3 (1.6 ppm), one-hour average; seven hundred fifty µg/m3 (0.4 ppm), twenty-four-hour average.(g) Once declared, any episode level reached by application of these criteria shall remain in effect until the criteria for that level are no longer met. At that time, the next lower episode level shall be assumed.Haw. Code R. § 11-60.1-17
[Eff 11/26/93; comp 10/26/98; 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 ) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416 )Historical note: § 11-60.1-17 is based substantially upon § 11-60-19. [Eff 11/29/82; am, ren § 11-60-19 and comp 4/14/86; am and comp 6/29/92; R 11/26/93]