RAPID/Roadmap/15-HI-a

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Hawaii Air Quality Permit - Air Pollution Control Permit (15-HI-a)

Air Pollution Control (APC) Permits are required by federal law under the Clean Air Act, as amended 42, United States Code Section 7401, et seq.. Although APC Permit are required by federal law, the Hawaii Department of Health Clean Air Branch (CAB) administers the permit in Hawaii. Air Pollution Control Permits are required prior to constructing, reconstructing, modifying, or operating a stationary air pollution source.


Air Quality Permit - Air Pollution Control Permit Process

15-HI-a.1 – Determine Which Type of Air Pollution Control Permit is Applicable to the Proposed Project

The developer must determine what type of APC is applicable to the proposed project. APC Permits fall into two categories: 1) Covered Source Permit as described in Section 112 of the Clean Air Act and Hawaii Administrative Rules 11-60.1, Subchapter 5. 2) Noncovered Source Permit as described in Hawaii Administrative Rules 11-60.1, Subchapter 4.

15-HI-a.2 – Air Pollution Control Permit Application

The developer completes and submits the appropriate application needed for the air pollution source to the Director of the Hawaii Department of Health. APC Permit Application forms are available through the Hawaii Air Pollution Control Permits Webpage.

15-HI-a.3 – Review Application Materials for Completeness

The Hawaii Department of Health (DOH) reviews the APC Permit application materials for completeness. DOH has 60 days to make a completeness determination.

15-HI-a.4 – Is the Application Complete

The DOH determines whether the APC Permit Application is complete.

15-HI-a.5 – Review Application Material

The DOH reviews the APC Permit Application to determine whether to approve the permit.

15-HI-a.6 to 15-HI-a.7 – Is Additional Information Needed

15-HI-a.8 – Draft Air Pollution Control (APC) Permit

DOH prepares a Draft Air Pollution Control Permit for the project.

15-HI-a.9 – Is the Application for a Covered or Noncovered Source Permit

15-HI-a.10 – Public Notice and Allow for Comment (at Director’s discretion)

The DOH publishes notice of the APC Permit Application and allows for public comment at the DOH Director’s discretion.

15-HI-a.11 – Comment on Draft APC Permit

Members of the public comment on the Draft APC Permit.

15-HI-a.12 – Hold Public Hearing (at Director’s Discretion)

15-HI-a.13 – Address Public Comments (if Applicable)

15-HI-a.14 – Air Pollution Control Permit

The DOH determines whether to approve any Noncovered Source Air Pollution Control Permits. The director must approve an application for noncovered source permit if the applicant can show to the satisfaction of the director that all applicable provisions of this chapter will be complied with, including, as applicable:

  • The maintenance and attainment of any NAAQS and any state ambient air quality standard;
  • General prohibitions pursuant to subchapter 2;
  • Requirements for noncovered and covered sources pursuant to subchapters 4 and 5;
  • Applicable Standards of Performance for New Stationary Sources (40 CFR Part 60), National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61), National Emission Standards for Hazardous Air Pollutants for Source Categories (40 CFR Part 63), or any other federal standard or other requirement established pursuant to the Act.
  • Prevention of significant deterioration review requirements pursuant to subchapter 7;
  • Applicable standards of performance for stationary sources pursuant to subchapter 8; and
  • Requirements for stationary sources of hazardous air pollutants pursuant to subchapter 9.

If the DOH approves the developers applications, the DOH issues the developer the applicable Air Pollution Control Permit.

15-HI-a.15 – Review Application Material and Draft APC Permit

15-HI-a.16 – Publish Notice and Allow for Comment

15-HI-a.17 – Comment on Draft APC Permit

15-HI-a.18 – Hold Public Hearing (at Director’s Discretion)

15-HI-a.19 – Address Public and EPA Comments

15-HI-a.20 – Air Pollution Control Permit




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