Section 11-60.1-70 - Noncovered source general permits(a) The director, at the director's sole discretion may, after providing for public notice, including the method by which a hearing can be requested, and an opportunity for public comment in accordance with section 11-60.1-73, issue a noncovered source general permit for similar noncovered sources. The general noncovered source permit expiration date shall apply to all sources covered under this permit.(b) The director shall establish criteria and conditional requirements in the noncovered source general permit by which noncovered sources may qualify for the general permit. Noncovered sources qualifying for a noncovered source general permit shall, at a minimum, have the same Standard Industrial Classification Code, similar equipment design and air pollution controls, and the same applicable requirements. Under no circumstances shall a general permit be considered for noncovered sources requiring a case-by-case determination for air pollution control requirements (e.g. Best Available Control Technology Determination). The owner or operator of a noncovered source shall be subject to enforcement action for operating without a permit if the source is later determined not to qualify for the conditions and terms of the general permit.(c) The owner or operator of a noncovered source requesting coverage for some or all of its emission units under the terms and conditions of the noncovered source general permit must submit an application to the director on forms furnished by the director. The applicant shall submit sufficient information to enable the director to make a decision on the application. Information submitted shall include: (1) Name, address, and phone number of: (B) The facility, if different from the company;(C) The owner and owner's agent; and(D) The plant site manager or other contact;(2) A description of the nature, location, design capacity, production capacity, production rates, fuels, fuel use, raw materials, and typical operating schedules to the extent needed to determine or regulate emissions; specifications and drawings showing the design of the source and plant layout; and a description of all processes and products;(3) If available, maximum emission rates, including fugitive emissions, of all regulated and hazardous air pollutants from ' each emissions unit. If applicable, biogenic CO2 emissions shall be identified and quantified separately from other biogenic and non-biogenic greenhouse gas emissions. Emission rates shall be reported in pounds per hour and tons per year and in such terms necessary to establish compliance consistent with the applicable requirements and standard reference test methods. For greenhouse gases, emission rates shall also be reported in CO2e tons per year. All supporting emission calculations and assumptions shall also be provided;(4) Identification and description of all points of emissions including stack parameters;(5) Identification and detailed description of air pollution control equipment and compliance monitoring devices or activities as planned by the owner or operator of the source, and to the extent of available information, an estimate of emissions before and after controls;(6) Current operational limitations or work practices, or for noncovered sources that have not yet begun operation, such limitations or practices which the owner or operator of the source plans to implement that affect emissions of any regulated or hazardous air pollutants at the source;(7) A schedule for construction of the noncovered source, if applicable;(8) All calculations and assumptions on which the information in paragraphs (2), (4), (5), and (6) is based;(9) If requested by the director, an assessment of the ambient air quality impact of the noncovered source. The assessment shall include all supporting data, calculations, and assumptions, and a comparison with the NAAQS and state ambient air quality standards;(10) If requested by the director, a risk assessment of the air quality related impacts caused by the noncovered source to the surrounding environment;(11) If requested by the director, results of source emission testing, ambient air quality monitoring, or both;(12) If requested by the director, information on other available control technologies;(13) An explanation of all proposed exemptions from any applicable requirement;(14) A compliance plan in accordance with section 11-60.1-65; and(15) Other information: (A) As required by any applicable requirement or as requested and deemed necessary by the director to make a decision on the application; and(B) As may be necessary to implement and enforce other applicable requirements of the Act or of this chapter or to determine the applicability of such requirements.(d) The director shall not continue to act upon or consider any incomplete application. An application shall be determined to be complete only when all of the following have been complied with: (1) All information required and requested pursuant to subsection (c) has been submitted;(2) All documents requiring certification have been certified pursuant to section 11-60.1-4;(3) All applicable fees have been submitted; and(4) The director has certified that the application is complete.(e) The director shall notify the applicant in writing whether the application is complete. Unless the director requests additional information or notifies the applicant of incompleteness within sixty days of receipt of an application, the application shall be deemed complete.(f) During the processing of an application that has been determined or deemed complete if the director determines that additional information is necessary to evaluate or take final action on the application, the director may request such information in writing and set a reasonable deadline for a response.(g) The director, in writing, shall approve, conditionally approve, or deny an application for coverage under a noncovered source general permit within six months after receipt of a complete application.(h) The director may approve an application for coverage under a noncovered source genera] permit without repeating the public participation procedures.Haw. Code R. § 11-60.1-70
[Eff 11/26/93; comp 10/26/98; comp 9/15/01; 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 )