Section 11-60.1-92 - Covered 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 11-60.1-99, issue a covered source general permit for similar nonmajor covered sources. The general covered source permit expiration date shall apply to all sources covered under this permit.(b) The director shall establish criteria and conditional requirements in the covered source general permit by which nonmajor covered sources may qualify for the general permit. Nonmajor covered sources qualifying for a covered 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 nonmajor covered 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 covered 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 nonmajor covered source requesting coverage for some or all of its emission units under the terms and conditions of the covered 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 and to evaluate the fee requirements specified in subchapter 6. 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 and capacities to the extent needed to determine or regulate emissions; specifications and drawings showing the design of the source and plant layout; and 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);(3) 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 GHGs, 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 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;(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 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;(6) 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;(7) Current operational limitations or work practices, or for covered 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;(8) All calculations and assumptions on which the information in paragraphs (2), (3), (4), (5), and (7) is based;(9) A detailed schedule for construction or reconstruction of the covered source, if applicable;(10) If requested by the director, an assessment of the ambient air quality impact of the covered source. The assessment shall include all supporting data, calculations and assumptions, and a comparison with the NAAQS and state ambient air quality standards;(11) If requested by the director, a risk assessment of the air quality related impacts caused by the covered source to the surrounding environment;(12) If requested by the director, results of source emission testing, ambient air quality monitoring, or both;(13) If requested by the director, information on other available control technologies and associated analysis;(14) An explanation of all proposed exemptions from any applicable requirement;(15) A list of insignificant activities pursuant to section 11-60.1-82(e) to (g);(16) A compliance plan in accordance with section 11-60.1-85;(17) A source compliance certification in accordance with section 11-60.1-86; and(18) 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 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 (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 or deny an application for coverage under a covered source general permit within six months after receipt of a complete application. An application for coverage under a general permit shall be approved only if the director determines that the source seeking coverage meets the criteria and conditional requirements established in the covered source general permit and will be in compliance with all the applicable requirements.(h) The director may approve an application for coverage under a covered source general permit without repeating the public participation procedures, but such approval shall not be considered the final permit action for purposes of administrative and judicial review pursuant to section 11-60.1-100.(i) 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.(j) Each application and proposed covered source general permit shall be subject to EPA oversight in accordance with section 11-60.1-95.Haw. Code R. § 11-60.1-92
[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-23, 342B-24, 342B-25, 342B-26, 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-23, 342B-24, 342B-25, 342B-26, 342B-29, 342B-33; 42 U.S.C. §§7407, 7416, 7661 a, 7661b, 7661c, 7661d; 40 C.F.R. Part 70)