Haw. Code R. § 11-60.1-90

Current through September, 2024

Section 11-60.1-90 - Permit content

The director shall consider and incorporate the following elements into all covered source permits, as applicable:

(1) Emission limitations and standards, including operational requirements and limitations to assure compliance with all applicable requirements at the time of permit issuance;

(2) Requirements regarding fugitive emissions regardless of whether the source category in question is included in the list of sources contained in the definition of "major source";

(3) The origin of and authority for each term or condition and any differences in form as compared to the applicable requirement upon which the term or condition is based;

(4) Permit term pursuant to section 11-60.1-89;

(5) Requirements for the installation of devices, at the expense of the owner or operator, for the measurement or analysis of source emissions or ambient concentrations of air pollutants;

(6) The requirement for source emissions tests or alternative methodology to determine compliance with the terms and conditions of the covered source permit, and applicable requirements. Source emission tests conducted or alternative methodology used shall be at the expense of the owner or operator;

(7) All monitoring and related recordkeeping and reporting requirements to assure compliance with all terms and conditions of the permit. Each covered source permit shall address the following with respect to monitoring, recordkeeping, and reporting:

(A) All reporting, emissions monitoring and analysis procedures, or test methods, required pursuant to the applicable requirements, including any procedures or methods promulgated pursuant to Section 114(a) (3) or 504(b) of the Act;

(B) If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, periodic monitoring or recordkeeping sufficient to yield reliable data from the relevant time period that is representative of the source's compliance with the permit. Use of terms, test methods, units, averaging periods, and other statistical conventions used for these requirements shall be consistent with applicable requirements;

(C) Monitoring results expressed in units, averaging periods, and other statistical conventions consistent with the applicable requirements;

(D) Requirements concerning the use, maintenance, and installation of monitoring equipment. The installation, operation, and maintenance of the monitoring equipment shall be at the expense of the owner or operator;

(E) Appropriate monitoring methods;

(F) Monitoring records including:

(i) Place as defined in the permit, date, and time of sampling or measurements;

(ii) Dates the analyses were performed;

(iii) The name and address of the company or entity that performed the analyses;

(iv) Analytical techniques or methods used;

(v) Analyses results; and

(vi) Operating conditions during the time of sampling or measurement;

(G) Other records including support information, such as calibration and maintenance records, original stripchart recordings or computer printouts for continuous monitoring instrumentation, and all other reports required by the director;

(H) A requirement for the retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original stripchart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit;

(I) A requirement for submission of reports of any required monitoring at least every six months. Deviations from the permit requirements shall be clearly identified and addressed in these reports;

(J) A requirement for prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of such deviations, and any corrective actions or preventive measures taken. The term "prompt" shall be delineated on a permit-by-permit basis in relation to the degree and type of deviation likely to occur and the applicable requirements; and

(K) Provisions for the owner or operator to annually report in writing, emissions of hazardous air pollutants;

(8) If requested by the owner or operator of a covered source, terms and conditions to allow emissions trading within the facility pursuant to section 11-60.1-96, including provisions to insure compliance with all applicable requirements, and requiring the owner or operator to provide a minimum seven-day advance written notification to the Administrator and director prior to any proposed emissions trading;

(9) Terms and conditions for reasonably anticipated operating scenarios identified by the source in the covered source permit application as approved by the director. Such terms and conditions shall include:

(A) A requirement that the owner or operator, contemporaneously with making a change from one operating scenario to another, record in a log at the permitted facility the scenario under which it is operating and, if required by any applicable requirement or the director, submit written notification to the director; and

(B) Provisions to ensure that the terms and conditions under each alternative scenario meet all applicable requirements;

(10) General provisions including:

(A) A statement that the owner or operator shall comply with all the terms and conditions of the covered source permit and that any permit noncompliance constitutes a violation of this chapter and the Act and is grounds for enforcement action; for permit termination, suspension, reopening, or amendment; or for denial of a permit renewal application;

(B) A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit;

(C) A statement that it shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the terms and conditions of the permit;

(D) A statement that the permit may be terminated, suspended, reopened, or amended for cause pursuant to sections 11-60.1-10 and 11-60.1-98, and section 342B-27, HRS. The filing of a request by the permittee for a permit termination, suspension, reopening, or amendment, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition;

(E) A statement that the permit does not convey any property rights of any sort, or any exclusive privilege;

(F) A provision that, if construction is not commenced, continued or completed in accordance with section 11-60.1-9, the covered source permit for the subject emission unit shall become invalid;

(G) A provision that the owner or operator shall notify the director in writing of the anticipated date of initial startup for each emission unit of a new covered source or significant modification not more than sixty days or less than thirty days prior to such date. The director shall also be notified in writing of the actual date of construction commencement and startup within fifteen days after these dates;

(H) A statement that the owner or operator shall furnish in a timely manner any information or records requested in writing by the department to determine whether cause exists for terminating, suspending, reopening, or amending the permit, or to determine compliance with the permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by the permit. For information claimed to be confidential, the director may require the permittee to furnish such records not only to the department but also directly to the Administrator along with a claim of confidentiality;

(I) A requirement that a copy of applicable correspondence or records submitted to the department be provided to the Administrator;

(J) A provision for the designation of confidentiality of any records pursuant to section 11-60.1-14;

(K) A requirement that the owner or operator shall submit fees in accordance with subchapter 6;

(L) Certification requirements pursuant to section 11-60.1-4;

(M) A requirement that the owner or operator allow the director or an authorized representative, upon presentation of credentials or other documents required by law:

(i) To enter the owner or operator's premises where a source is located or emission-related activity is conducted, or where records must be kept under the conditions of the permit and inspect at reasonable times all facilities, equipment, including monitoring and air pollution control equipment, practices, operations, or records covered under the terms and conditions of the permit and request copies of records or copy records required by the permit; and

(ii) To sample or monitor at reasonable times substances or parameters to assure compliance with the permit or applicable requirements; and

(N) A requirement that at all times, including periods of startup, shutdown, and malfunction, owners and operators shall, to the extent practicable, maintain and operate any affected facility, including associated air pollution control equipment, in a manner consistent with good air pollution control practice for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the director which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

(11) Compliance plan and compliance certification submittal requirements pursuant to sections 11-60.1-85 and 11-60.1-86; and

(12) Any other provision to assure compliance with all applicable requirements.

Haw. Code R. § 11-60.1-90

[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; comp 11/14/03; comp 1/13/12; comp JUN 30 2014] (Auth: HRS §§ 342B-3, 342B-12, 342B-28, 342B-29, 342B-31, 342B-33, 342B-41; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661c; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-28, 342B-29, 342B-31, 342B-33, 342B-41; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661c; 40 C.F.R. Part 70)

Am and comp 2/8/2024