Section 11-60.1-87 - Transition period(a) During the transition period, all owners or operators of an existing covered source shall submit to the director a complete initial covered source permit application according to the submission schedule in subsection (f).(b) During the transition period, the owner or operator of a covered source who has applied for but has not received an authority to construct permit pursuant to repealed chapter 11-60 shall submit to the director a complete and timely covered source permit application (less any authority to construct application fee previously submitted). A covered source permit for the emission unit subject to the authority to construct permit application must be obtained prior to commencement of construction, modification, relocation, or operation.(c) During the transition period, the owner or operator of a covered source in existence prior to March 21, 1972, or a covered source that has been exempt pursuant to repealed chapter 11-60, may continue to operate and shall not be in violation for failing to have a covered source permit, only if the owner or operator has submitted to the director a complete and timely covered source permit application, and any additional information necessary for the processing of the application, including the additional information specified in section 11-60.1-83 (d). The owner or operator shall continue to operate in accordance with any applicable laws, regulations, or rules until the covered source permit is issued or denied.(d) Except as provided in subsection (e), if an authority to construct or permit to operate expires prior to the issuance of the covered source permit, the owner or operator may continue to construct or operate only if the owner or operator has submitted to the director a complete and timely covered source permit application, and any additional information necessary for the processing of the application, including the additional information specified in section 11-60.1-83 (d). The authority to construct or permit to operate shall continue to be in effect until the covered source permit is issued or denied, provided the owner or operator constructs or operates in accordance with the authority to construct or permit to operate, section 11-60.1-9, and any applicable laws, regulations, or rules in effect at the time of issuance of the authority to construct or permit to operate. Noncompliance with any condition of the authority to construct or permit to operate is considered a violation of this chapter.(e) In the event an authority to construct or permit to operate expires prior to the required submission date for the initial application: (1) The owner or operator may continue construction or operation for the submittal period, provided the owner or operator constructs or operates in accordance with the expired authority to construct or permit to operate, section 11-60.1-9, and any applicable laws, regulations, or rules in effect at the time of issuance of the authority to construct or permit to operate; and(2) The owner or operator of the covered source may continue to construct or operate after the required submission date, provided the owner or operator meets the requirements of section 11-60.1-9 and has submitted to the director a complete and timely covered source permit application, and any additional information necessary for the processing of the application, including the additional information specified in section 11-60.1-83(d). The authority to construct or permit to operate shall continue to be in effect until the covered source permit is issued or denied, provided the owner or operator constructs or operates in accordance with the authority to construct or permit to operate, section 11-60.1-9, and any applicable laws, regulations, or rules in effect at the time of issuance of the authority to construct or permit to operate. Noncompliance with any condition of the authority to construct or permit to operate is considered a violation of this chapter.
(f) All existing covered sources shall submit an initial covered source permit application according to the following submission schedule: SICC | Type of Covered Source | Number of months from effective date of this chapter when submission is due |
14 | Mining and quarrying of nonmetallic minerals, except fuels | Four months |
32 | Manufacturing stone, clay, glass, and concrete products | Four months |
2951 | Asphalt paving mixtures and blocks | Four months |
2952 | Asphalt felts and coatings | Four months |
01 | Agricultural production | Six months |
07 | Agricultural services | Six months |
49 | Electric, gas, and sanitary services All others | Eight months Ten months |
The director, upon written request from the owner or operator of a covered source, may extend the application submittal deadline if the director determines that reasonable justification exists for the extension. The written request for an extension shall be submitted at least thirty days prior to the required submission date and shall include the following information:
(1) Justification for the extension, including a showing that reasonable effort and resources have been and are being utilized in the preparation of the application;(2) Description of the problems being encountered and the reasons for any delays in meeting the application submittal deadline;(3) The current status of the covered source permit application; and(4) The projected completion date of the covered source application. If the director disapproves an extension for initial application submittal, the owner or operator shall meet the scheduled submission date. Under no circumstances shall the deadline for submitting an initial covered source application be extended beyond twelve months from the effective date of this chapter.
(g) All covered source permit applications, compliance plans, compliance certifications, and filing fees shall be submitted in accordance with sections 11-60.1-83, 11-60.1-85, and 11-60.1-86 and subchapter 6.Haw. Code R. § 11-60.1-87
[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, 342B-29, 342B-33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-29, 342B-33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b; 40 C.F.R. Part 70)