Section 11-60.1-163 - Federal plans,(a) This section applies to an owner or operator subject to a promulgated federal plan for designated or affected facilities, where the facility is not covered by an EPA approved state plan. "State plan" as used in this subsection means a plan submitted pursuant to section III(d) and section 129(b)(2) of the Clean Air Act and 40 CFR Part 60, subpart B that implements and enforces 40 CFR Part 60, subpart C.(b) An owner or operator of a designated or affected facility, as defined in the applicable federal plan, shall comply with all applicable requirements of the federal plan, including the following:(1) 40 CFR Part 62, Subpart FFF, Federal Plan Requirements for Large Municipal Waste Combustors Constructed on or Before September 20, 1994;(2) 40 CFR Part 62, Subpart GGG, Federal Plan Requirements for Municipal Solid Waste Landfills That Commenced Construction Prior to May 30, 1991 and Have Not Been Modified or Reconstructed Since May 30, 1991;(3) 40 CFR Part 62, Subpart HHH, Federal Plan Requirements for Hospital/Medical/Infectious Waste Incinerators Constructed on or Before June 20, 1996;(4) 40 CFR Part 62, Subpart III, Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units that Commenced Construction on or Before November 30, 1999;(5) 40 CFR Part 62, Subpart JJJ, Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999;(6) 40 CFR Part 62, Subpart LLL, Federal Plan Requirements for Sewage Sludge Incineration Units Constructed on or Before October 14, 2010; and(7) 40 CFR Part 62, Subpart 000, Federal Plan Requirements for Municipal Solid Waste Landfills that Commenced Construction on or Before July 17, 2014 and Have Not Been Modified or Reconstructed Since July 17, 2014.(c) Any owner or operator who constructs, reconstructs, modifies, or operates a designated or affected facility subject to covered source permitting is subject to the application and permitting requirements of subchapter 5. Each federal plan for designated or affected facilities (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.(d) 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 plan for designated or affected facilities (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.Haw. Code R. § 11-60.1-163
[Eff 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, 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)