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Notice #: 0000461492-01
Public Notices


(Docket No. R-3-12)

Pursuant to Hawaii Revised Statutes, Chapter 91, the Department of Health (DOH) will accept written comments and hold public hearings on proposed revisions to the Hawaii Administrative Rules (HAR), Chapter 11-60.1, Air Pollution Control.

The main purpose of the proposed amendments is to initiate the regulation of greenhouse gas (GHG) emissions from Hawaii’s stationary air pollution sources. GHGs are required to be regulated by federal law, Prevention of Significant Deterioration (PSD) and Title V Greenhouse Gas Tailoring Rule (Tailoring Rule), Federal Register (FR), Volume 75, No. 106, pages 31514 -31608, June 3, 2010; and state law, Hawaii’s Act 234, 2007 Session Laws, Relating to Greenhouse Gas Emissions (enacted in Hawaii Revised Statutes (HRS), §342B-71 to 73). Other amendments outside the GHG program are also included as described below.

Proposed amendments are made to HAR, Chapter 11-60.1, Subchapters 1, 4, 5, 6, and 7, with a new Subchapter 11 added.

GHG Program Amendments do the following:

Align requirement thresholds with the federal Tailoring Rule for:
– PSD and Title V major source applicability to > 100,000 tons/year carbon dioxide equivalent (CO2e); and
– PSD Best Available Control Technology (BACT) applicability to > 75,000 tons/year CO2e.
Establish Title V and Noncovered source BACT review threshold at > 40,000 tons/year CO2e.
Biogenic CO2 emissions deferred from PSD and BACT review until July 21, 2014 consistent with the Tailoring rule.
Establish exempt and insignificant activity thresholds at < 3,500 tons/year CO2e.
Establish a Noncovered source permit exemption for landfills, except for municipal waste landfills with a design capacity equal to or above 1,500,000 metric tons.
Initiate Act 234 by adding a new HAR, Subchapter 11:
– Declares the statewide GHG limit to < 13.66 million metric tons CO2e;
– Requires a GHG Reduction Plan from existing major stationary sources with potential GHG emissions > 100,000 tons/year CO2e (includes biogenic CO2). Municipal waste combustion operations are excluded.
– Establishes a facility-wide cap to be achieved by 2020. The proposed cap is set at 25% below 2010 facility emissions, unless DOH approves an alternate cap.
Requires BACT-like assessment to determine facility-wide cap; flexibility provided.
Facility-wide cap enforceable by permit.
Begin Covered source annual fee assessment for both biogenic and non- biogenic GHG emissions, total 12 cents/ton CO2e.
Extend the Covered source annual fee normal due date from “within the first sixty days of the calendar year” to “within the first one-hundred twenty days of the calendar year” to accommodate mandatory federal GHG reporting.
Require first year (2013) Covered annual fees for GHGs to be submitted by October 1, 2013.
Add GHG supporting definitions and permit administrative changes.

Other proposed amendments outside the GHG program:

Incorporate by reference the federal PSD requirements under Title 40 of the Code of Federal Regulations, Section 52.21.
Allow the permitting of previously grandfathered or exempt activities if found to operate improperly or in violation of the air laws.
Make changes for clarity, housekeeping, and consistency.

The proposed rules primarily affect larger businesses, however, may affect some small businesses. A Small Business Impact Statement was prepared in accordance with HRS, Chapter 201M, Small Business Regulatory Flexibility Act. Although small businesses can be affected by the proposed rules, the likelihood of impact and/or actual impacts is considered to be remote or small.

The proposed rules that can affect small businesses include:

Permit application requirements to quantify GHG emissions;
BACT Assessments for qualifying GHG emission increases;
GHG annual emission reports and fees, mainly for Covered sources; and
Possible permitting of sources previously grandfathered or exempt from the permit system.

A copy of the draft rule amendments highlighting the proposed changes, and the Small Business Impact Statement are available for public inspection during regular office hours, Monday through Friday, 7:45 a.m. to 4:15 p.m., at the following locations:

Clean Air Branch, Department of Health
919 Ala Moana Boulevard, Room 203, Honolulu, Oahu 96814

Hawaii District Health Office, Department of Health
1582 Kamehameha Avenue, Hilo, Hawaii

Sanitation Branch, Keakealani Building, Department of Health
79-1020 Haukapila Street, Room 115, Kealakekua, Hawaii

Maui District Health Office, Department of Health
54 High Street, Room 300, Wailuku, Maui

Kauai District Health Office, Department of Health
3040 Umi Street, Lihue, Kauai

Molokai District Health Office, Department of Health
65 Makaena Place, Kaunakakai, Molokai

A copy may also be picked up at the Oahu office listed above, or obtained by writing or calling the Oahu office at (808) 586-4200, or accessing the Department of Health’s website at

Interested persons are invited to attend the public hearings to offer comments and recommendations on the proposed revisions. Persons who wish to testify are asked to submit two copies of their testimony prior to or at the public hearing, although it is not a requirement to do so in order to testify at the hearing. The public hearings will be held as follows:

Hawaii: Tuesday, November 20, 2012, at 5:00 p.m.
Waiakea High School Cafeteria
155 West Kawili Street, Hilo, Hawaii

Oahu: Wednesday, November 28, 2012, at 2:00 p.m.
AAFES Building
919 Ala Moana Boulevard, 5th Floor, Honolulu, Oahu

Kauai: Thursday, November 29, 2012, at 6:00 p.m.
Wilcox Elementary School Cafeteria
4319 Hardy Street, Lihue, Kauai

Maui: Friday, November 30, 2012, at 6:00 p.m.
Pomaikai Elementary School Cafeteria
4650 South Kamehameha Avenue, Kahului, Maui

The Department of Health can provide auxiliary aids or services (e.g., sign language interpreter, large print) if it receives a written request at least ten days prior to the scheduled hearing at the address below.

The Department of Health will accept and consider all written comments and recommendations it receives by 4:30 p.m., December 7, 2012. Comments and recommendations must be delivered or mailed to the Clean Air Branch, Department of Health, 919 Ala Moana Boulevard, Room 203, Honolulu, Hawaii 96814.

Loretta J. Fuddy, A.C.S.W.,M.P.H.
Director of Health
(SA461492 10/19/12)