Section 11-60.1-161 - New source performance standards(a) This section applies to an owner or operator subject to a promulgated federal standard of performance for new stationary sources. An owner or operator of an affected facility shall comply with all applicable provisions of 40 CFR Part 60, entitled 'Standards of Performance for New Stationary Sources," including the following subparts:(1) Subpart A, General Provisions;(2) Subpart D, Standards of Performance for Fossil Fuel Fired Steam Generators for Which Construction is Commenced After August 17, 1971;(3) Subpart Da, Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978;(4) Subpart Db, Standards of Performance for Industrial-Commercial-Institutional Steam Generating Units;(5) Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units;(6) Subpart E, Standards of Performance for Incinerators;(7) Subpart Ea, Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced After December 20, 1989 and on or Before September 20, 1994;(8) Subpart Eb, Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced After September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996;(9) Subpart Ec, Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996;(10) Subpart F, Standards of Performance for Portland Cement Plants;(11) Subpart I, Standards of Performance for Hot Mix Asphalt Facilities;(12) Subpart J, Standards of Performance for Petroleum Refineries;(13) Subpart Ja, Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Coiranenced After May 14, 2007;(14) Subpart K, Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978;(15) Subpart Ka, Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984;(16) Subpart Kb, Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984;(17) Subpart 0, Standards of Performance for Sewage Treatment Plants;(18) Subpart Y, Standards of Performance for Coal Preparation Plants;(19) Subpart AA, Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974 and On or Before August 17, 1983;(20) Subpart AAa, Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983;(21) Subpart GG, Standards of Performance for Stationary Gas Turbines;(22) Subpart UU, Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture;(23) Subpart VV, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for which Construction, Reconstruction, or Modification Commenced After January 5, 1981, and on or Before November 7, 2006;(24) Subpart VVa, Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006;(25) Subpart WW, Standards of Performance for the Beverage Can Surface Coating Industry;(26) Subpart XX, Standards of Performance for Bulk Gasoline Terminals;(27) Subpart GGG, Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for which Construction, Reconstruction, or Modification Commenced After January 4, 1983, and on or Before November 7, 2006;(28) Subpart GGGa, Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006;(29) Subpart JJJ, Standards of Performance for Petroleum Dry Cleaners;(30) Subpart NNN, Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations;(31) Subpart OOO, Standards of Performance for Nonmetallic Mineral Processing Plants;(32) Subpart QQQ, Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems;(33) Subpart VVV, Standards of Performance for Polymeric Coating of Supporting Substrates Facilities;(34) Subpart WWW, Standards of Performance for Municipal Solid Waste Landfills;(35) Subpart XXX, Standards of Performance for Municipal Solid Waste Landfills That Coitmienced Construction, Reconstruction, or Modification After July 17, 2014;(36) Subpart AAAA, Standards of Performance for Small Municipal Waste Combustion Units for Which Construction is Commenced After August 30, 1999 or for Which Modification or Reconstruction Commenced After June 6, 2001;(37) Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Units;(38) Subpart EEEE, Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006;(39) Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines;(40) Subpart JJJJ, Standards of Performance for Stationary Spark Ignition Internal Combustion Engines;(41) Subpart KKKK, Standards of Performance for Stationary Combustion Turbines;(42) Subpart LLLL, Standards of Performance for New Sewage Sludge Incineration Units; and(43) Subpart TTTT, Standards of Performance for Greenhouse Gas Emissions for Electric Generating Units.(b) Any owner or operator who constructs, reconstructs, modifies, or operates an affected facility subject to covered source permitting is subject to the application and permitting requirements of subchapter 5. If there is a conflict between the application deadlines in subchapter 5 and the applicable federal standard, the earlier deadline shall apply. Each federal standard of performance for new stationary sources (including emission limits, control, operational, and maintenance requirements, compliance dates, and associated recordkeeping, monitoring, testing, notification, and reporting requirements) is an applicable requirement of subchapter 5, Covered Sources. If there is a conflict between an applicable requirement of subchapter 5, or any other subchapter of these rules, and the applicable federal standard, the most stringent requirement shall apply. "Affected facility" as used in this section shall have the same meaning as in 40 CFR § 60.2.(c) Any owner or operator who constructs, reconstructs, modifies, or operates an affected facility subject to noncovered source permitting requirements is subject to the application and permitting requirements of subchapter 4. Each federal standard of performance for new stationary sources (including emission limits, control, operational, and maintenance requirements, compliance dates, and associated recordkeeping, monitoring, testing, notification, and reporting requirements) is an applicable requirement of subchapter 4, Noncovered Sources. "Affected facility" as used in this section shall have the same meaning as in 40 CFR § 60.2.Haw. Code R. § 11-60.1-161
[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; 42 U.S.C. §§7407, 7416; 40 C.F.R. Part 60) (Imp: HRS §§ 342B-3, 342B-12; 42 U.S.C. §§7407, 7416; 40 C.F.R. Part 60)