Section 11-60.1-175 - Equivalent maximum achievable control technology (MACT) limitation(a) This section applies to: (1) an owner or operator of a major source of hazardous air pollutants which includes one or more stationary sources that are within a source category or subcategory for which the Administrator has failed to promulgate an applicable emission standard under 40 CFR Part 63 by the section 112 (j) deadline; and(2) an owner or operator who constructs or reconstructs a major source (as defined in 40 CFR § 63.41) of hazardous air pollutants after January 27, 1997, and an owner or operator of an area source that converts to a major source of hazardous air pollutants after January 27, 1997, unless the major source has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), 112(h), or 112 (j) of the Act.(b) An owner or operator subject to this section is subject to an equivalent MACT limitation and shall comply with the applicable provisions of 40 CFR Part 63, entitled National Emission Standards for Hazardous Air Pollutants for Source Categories: (1) Subpart A, General Provisions; and(2) Subpart B, Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections 112(g) and 112(j) (40 CFR § 63.40 to § 63.44 and § 63.50 to § 63.56).(c) The director shall determine, on a case-by-case basis, the equivalent MACT emission limitation in accordance with applicable provisions of 40 CFR Part 63, Subpart B, and impose any other requirements necessary to ensure the enforceability of the equivalent MACT emission limitation.(d) Each equivalent MACT limitation (including emission limits, control, operational, and maintenance requirements, compliance dates, and any associated recordkeeping, monitoring, testing, notification, and reporting requirements) is an applicable requirement of subchapter 5, Covered Sources. Any owner or operator who constructs, reconstructs, modifies, or operates an affected source is subject to the application and permitting requirements of subchapter 5.(e) An owner or operator subject to paragraph (a)(1) shall comply with the following deadlines for applying for and obtaining a covered source permit to address the equivalent MACT limitation: (1) For existing sources: (A) The owner or operator of a major source or an affected source within a major source shall submit a complete and timely covered source permit application by the Section 112 (j) deadline.(B) The owner or operator who reconstructs a major source or an affected source within a major source, and the owner or operator of an area source that becomes a major source by the addition or reconstruction of an affected source or by the increase in the source's potential to emit (e.g., increased hours of operation or fuel usage, etc.) shall submit a complete covered source permit application and obtain a covered source permit prior to reconstruction or conversion to a major source.(C) The owner or operator of an area source that becomes major and subject to paragraph (a)(1) due to the Administrator establishing a lesser quantity emission rate for a "major source" under Section 112(a)(1) of the Act shall submit a complete and timely covered source permit application within six months from the date that the source becomes major.(2) For new sources: (A) The owner or operator who constructs or reconstructs a major source or an affected source within a major source, and the owner or operator of an area source that becomes a major source by the addition or reconstruction of an affected source or by the increase in the source's potential to emit (e.g., increased hours of operation or fuel usage, etc.) shall submit a complete covered source permit application and obtain a covered source permit prior to construction, reconstruction, or conversion to a major source.(B) The owner or operator of an area source that becomes major and subject to paragraph (a)(1) due to the Administrator establishing a lesser quantity emission rate for a "major source" under Section 112(a)(1) of the Act shall submit a complete and timely covered source permit application within six months from the date that the source becomes major. In addressing equivalent MACT, the owner or operator of the source shall provide, as part of the covered source permit application, any additional information required by 40 CFR § 63.53.
(f) An owner or operator subject to paragraph (a)(2) who constructs or reconstructs a major source, and the owner or operator of an area source that becomes a major source by the increase in the source's potential to emit (e.g., increased hours of operation or fuel usage, etc.) shall submit a complete covered source permit application and obtain a covered source permit prior to construction, reconstruction, or conversion to a major source. In addressing equivalent MACT, the owner or operator of the affected major source shall provide, as part of the covered source permit application, any additional information required by 40 CFR § 63.43(e).Haw. Code R. § 11-60.1-175
[Eff 11/26/93; comp 10/26/98; am and comp 9/15/01; am and comp 11/14/03; comp 1/13/12; am and comp JUN 30 2014] (Auth;HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7412, 7416; 40 C.F.R. Part 70)