Section 11-60.1-76 - Applications for modifications(a) Every application for a modification to a noncovered source shall be submitted 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) The 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 modification, identifying all proposed changes, including any changes to the source operations, work practices, equipment design, source emissions, or any monitoring, recordkeeping, and reporting procedures;(3) 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 of any proposed addition or modification of any source of emissions; specifications and drawings showing the design of the source and plant layout; a description of all processes and products; and, if reasonably anticipated, a detailed description of alternative operating scenarios;(4) If available, maximum emissions 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;(5) Identification and description of all points of emissions including stack parameters;(6) Identification and detailed description of air pollution control equipment and compliance monitoring devices or activities as planned by the owner or operator of the noncovered source or modification, and to the extent of available information, an estimate of emissions before and after controls;(7) Citation and description of all applicable requirements, and a description of or reference to any method and/or applicable test method for determining compliance with each applicable requirement;(8) Operational limitations or work practices which the owner or operator of the noncovered source plans to implement that affect emissions of any regulated or hazardous air pollutants at the source;(9) A schedule for construction or modification of the noncovered source;(10) All calculations and assumptions on which the information in paragraphs (3), (4), (5), (6), and (8) is based;(11) If requested by the director, an assessment of the ambient air quality impact of the noncovered source or modification. The assessment shall include all supporting data, calculations and assumptions, and a comparison with the national and state ambient air quality standards;(12) If requested by the director, a risk assessment of the air quality related impacts caused by the noncovered source or modification to the surrounding environment;(13) If requested by the director, results of source emission testing, ambient air quality monitoring, or both;(14) If requested by the director, information on other available control technologies;(15) An explanation of all proposed exemptions from any applicable requirement;(16) A compliance plan in accordance with section 11-60.1-65; and(17) Other information: (A) 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.(b) 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 (a) 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.(c) 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.(d) 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.(e) The director, in writing, shall approve, conditionally approve, or deny an application for modification to a noncovered source within six months after receipt of a complete application. An application for modification shall be approved only if the director determines that the modification will be in compliance with all applicable requirements and will not interfere with attainment or maintenance of the NAAQS.Haw. Code R. § 11-60.1-76
[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 )