Section 11-60.1-115 - Basis of annual fees for covered sources(a) For purposes of calculating annual fees for covered sources under section 11-60.1-114, the covered source actual emissions in tons and CO2e tons per year shall be determined by using the following parameters: (1) Data from continuous emission monitoring (CEMS) or predictive emission monitoring (PEM) certified in accordance with the applicable EPA Performance Specifications shall always be used if available. The PEM data shall not be used if CEMS data is available;(2) An emission factor derived from the actual rate of emissions as substantiated through stack test reports, continuous emissions monitoring data, or any other certified record as deemed acceptable by the director;(3) The actual production, operating hours, amount of materials processed or stored, or fuel usage of the covered source during the prior calendar year the annual fee is due. Other operating parameters of the covered source may be used in the fee calculation if approved by the director; and(4) If not already included in the emission factor identified in paragraph (1), a percentage reduction factor based upon the efficiency of the air pollution control equipment, as provided by AP-42 or any verifiable documentation demonstrating the actual performance of the air pollution control equipment.(b) If an actual rate of emissions referenced in paragraph (a)(1) cannot be substantiated, the allowable emission rate shall be used to calculate the total annual tonnage of pollutants emitted. If an allowable emission rate is not specified in an air permit or an applicable requirement, the appropriate permit application or AP-42 air pollutant emission factor; 40 CFR Part 98, Mandatory GHG Reporting methodology or emission factor shall be used. If the owner or operator of a covered source cannot provide verifiable documentation on the parameters referenced in paragraph (a)(2), the maximum allowable production, operating hours, amount of material processed or stored, or fuel usage shall be used in calculating the total annual tonnage or CO2e tonnage of regulated air pollutants emitted from the covered source. For GHG emissions, results, methodologies, and emission factors used in complying with 40 CFR Part 98, Mandatory GHG Reporting, are acceptable for reporting actual emissions for the individual emission units, provided appropriate unit conversions are made, and verifiable documentation is provided for any on-site measured parameter used in the calculation. Any fraction of a ton or CO2e ton calculated shall be disregarded for fee purposes. Only the annual tonnage in whole tons of each regulated air pollutant or whole CO2e ton for GHGs shall constitute the basis of annual fees.(c) The annual fee shall be calculated on fee worksheets furnished by the director. If a fee worksheet is not available for a particular covered source, the owner or operator of a covered source shall provide their own worksheet showing the method, assumptions, emission factors, and calculations used to obtain the total annual emissions in tons and CO2e tons per year, for each regulated air pollutant emitted, as applicable.Haw. Code R. § 11-60.1-115
[Eff 11/26/93; am and 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-29, 342B-71, 342B-72, 342B-73; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70) (Imp: HRS §§ 342B-3, 342B-12, 342B-29; 42 U.S.C. §§7407, 7416, 7661 a; 40 C.F.R. Part 70)