Section 11-60.1-104 - Applications for significant modifications(a) Every application for a significant modification to a covered source is subject to the same requirements as for an initial covered source permit application pursuant to § 11-60.1-83 as it pertains to the proposed significant modification. Applications 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 and to determine the fee requirements specified in subchapter 6. 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 significant 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 and capacities 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 detailed description of all processes and products by Standard Industrial Classification Code and source category or categories (as defined in section 11-60.1-171) affected by the proposed modification; reasonably anticipated alternative operating scenarios, and processes and products by Standard Industrial Classification Code and source category or categories (as defined in section 11-60.1-171) associated with each alternative operating scenario affected by the proposed modification;(4) Information to define permit terms and conditions for any proposed emissions trading within the facility pursuant to section 11-60.1-96;(5) Maximum emissions rates, including fugitive emissions, of all regulated and hazardous air pollutants and all air pollutants for which the source is major from each emissions unit related to the modification. 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 GHGs, emission rates shall also be reported in CO2e tons per year. All supporting emission calculations and assumptions shall also be provided;(6) Identification and description of all points of emissions in sufficient detail to establish the basis for fees and applicability of requirements of this chapter and the Act. Information on stack parameters and any stack height limitations developed pursuant to Section 123 of the Act shall also be provided;(7) 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 or modification, and to the extent of available information, an estimate of maximum and expected emissions before and after controls, technical information on the design, operation, size, estimated control efficiency, manufacturer's name, address, telephone number, and relevant specifications and drawings;(8) 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;(9) Operational limitations or work 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. For sources subject to an Equivalent Maximum Achievable Control Technology limitation pursuant to section 11-60.1-175, a proposed emission limitation consistent with the requirements set forth in section 11-60.1-175;(10) All calculations and assumptions on which the information in paragraphs (3), (5), (6), (7), and (9) is based;(11) A detailed schedule for construction or reconstruction of the source or modification;(12) For significant modifications which increase the emissions of any air pollutant or result in the emission of any air pollutant not previously emitted, an assessment of the ambient air quality impact of the covered source with the inclusion of any available background air quality data. The assessment shall include all supporting data, calculations and assumptions, and a comparison with the NAAQS and state ambient air quality standards;(13) For new covered sources or significant modifications subject to the requirements of subchapter 7, all analyses, assessments, monitoring, and other application requirements of subchapter 7;(14) If requested by the director, a risk assessment of the air quality related impacts caused by the covered source or significant modification to the surrounding environment;(15) If requested by the director, results of source emission testing, ambient air quality monitoring, or both;(16) If requested by the director, information on other available control technologies and associated analysis;(17) An explanation of all proposed exemptions from any applicable requirement;(18) A list of any new insignificant activities pursuant to section 11-60.1-82(e) to (g);(19) A compliance plan in accordance with section 11-60.1-85;(20) A source compliance certification in accordance with section 11-60.1-86; and(21) 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.(b) The director shall not continue to act upon or consider an 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: (1) For the requirements of subchapter 7, thirty days after receipt of the application; and(2) For the requirements of subchapter 5, sixty days after receipt of the application. For purposes of this paragraph, the date of receipt of an application for a new covered source or significant modification subject to the requirements of subchapter 7 shall be the date the application is determined to be complete for the requirements of subchapter 7. Unless the director requests additional information or notifies the applicant of incompleteness within sixty days after receipt of an application pursuant to paragraph (c)(2), the application shall be deemed complete for the requirements of subchapter 5.
(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) Except as provided in section 11-60.1-88 and subsections (f) and (g), the director, in writing, shall approve, conditionally approve, or deny an application for a significant modification within eighteen months after receipt of a complete application.(f) The director, in writing, shall approve, conditionally approve, or deny an application containing an early reduction demonstration pursuant to Section 112(i)(5) of the Act within nine months after receipt of a complete application.(g) The director, in writing, shall approve, conditionally approve, or deny an application for a new covered source or significant modification subject to the requirements of subchapter 7 within twelve months after receipt of a complete application.(h) The director shall provide reasonable procedures and resources to complete the review of the majority of the applications for a significant modification within nine months after receipt of a complete application. An application for significant modification shall be approved only if the director determines that the significant modification will be in compliance with all applicable requirements and will not interfere with attainment or maintenance of the NAAQS.(i) The director shall provide for public notice, including the method by which a public hearing can be requested, and an opportunity for public comment on the draft significant modification to the covered source in accordance with section 11-60.1-99.(j) The director shall provide a statement that sets forth the legal and factual bases for the draft permit conditions (including references to the applicable statutory or regulatory provisions) to EPA and any other person requesting it.(k) Each application for a significant modification, and the proposed covered source permit reflecting the significant modification shall be subject to EPA oversight in accordance with section 11-60.1-95.Haw. Code R. § 11-60.1-104
[Eff 11/26/93; comp 10/26/98; am and 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-13, 342B-23, 342B-24, 342B-25, 342B-29, 342B-33, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661c, 7661d; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-13, 342B-23, 342B- ■ 24, 342B-25, 342B-29, 342B-33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661c, 7661d; 40 C.F.R. Part 70)