Section 11-60.1-96 - Operational flexibility(a) The director shall allow emissions trading and Section 502(b)(10) changes within a permitted facility without requiring a permit amendment, provided: (1) The emissions trading or Section 502(b)(10) changes are not modifications pursuant to any provision of Title I of the Act;(2) The emissions trading or Section 502(b) (10) changes do not exceed the emissions allowable under the permit;(3) The owner or operator of the covered source provides the Administrator and director a seven-day minimum advance written notification of the proposed emissions trading or Section 502(b) (10) changes; and(4) The following criteria are exclusively met for emissions trading within the permitted facility: (A) An applicable requirement provides for the trading of emissions, or the trading of emissions is solely for the purpose of complying with a federally-enforceable emission cap that is established in the covered source permit independent of otherwise applicable requirements;(B) The applicant requests such emissions trading provisions and includes in the covered source permit application the proposed replicable procedures and permit terms and conditions that ensure the emission trades are quantifiable and enforceable;(C) The director has determined that the provisions for emissions trading ensure that emissions from each emission unit are quantifiable and enforceable; and(D) Any emissions trading is in compliance with all applicable requirements.(b) The seven-day advance written notification of any proposed emissions trading shall include, at a minimum, the date on which the change will occur, a description of the changes in emissions that will result, the permit requirements with which the source will comply, and how the source will comply with the terms and conditions of the permit and the applicable requirements authorizing the trade.(c) The seven-day advance written notification of any Section 502(b)(10) changes shall include, at a minimum, a brief description of the proposed change within the permitted facility, the date on which the change will occur, any change in emissions, and any permit term or condition that will no longer be applicable as a result of the change.(d) The owner or operator of a covered source and the director shall attach all written notifications of proposed emissions trading and Section 502 (b) (10) changes to their copy of the relevant permit.Haw. Code R. § 11-60.1-96
[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; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70)