Federal & State Regulations | Subpart M — Hawaii | J. J. Keller® Compliance Network

§52.620 Identification of plan.

(a) Purpose and scope. This section sets forth the applicable State implementation plan for State of Hawaii under section 110 of the Clean Air Act, 42 U.S.C. 7401-7671q and 40 CFR part 51 to meet national ambient air quality standards.

(b) Incorporation by reference. (1) Material listed in paragraph (c) and (d) of this section with an EPA approval date prior to May 1, 2012, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is incorporated as it exists on the date of the approval, and notice of any change in the material will be published in the Federal Register. Entries in paragraphs (c) and (d) of this section with EPA approval dates after May 1, 2012, will be incorporated by reference in the next update to the SIP compilation.

(2) EPA Region IX certifies that the rules/regulations provided by EPA in the SIP compilation at the addresses in paragraph (b)(3) of this section are an exact duplicate of the officially promulgated State rules/regulations which have been approved as part of the State implementation plan as of May 1, 2012.

(3) Copies of the materials incorporated by reference may be inspected at the Region IX EPA Office at 75 Hawthorne Street, San Francisco, CA 94105; Air and Radiation Docket and Information Center, EPA Headquarters Library, Infoterra Room (Room Number 3334), EPA West Building, 1301 Constitution Ave. NW., Washington, DC; or the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030, or go to:http://www.archives.gov/federal-register/cfr/ibr-locations.html.

EPA-Approved State of Hawaii Regulations
State citation	Title/subject	Effective date	EPA approval date	Explanation
Department of Health, Public Health Regulations, Chapter 43, Air Pollution Control Regulations
Section 22	Hearings and Appeals	12/26/1972	05/14/1973, 38 FR 12711	See also 74 FR 11037 (March 16, 2009).
Section 23	Application	03/28/1972	05/31/1972, 37 FR 10842	See also 74 FR 11037 (March 16, 2009).
Department of Health, Title 11, Chapter 60, Air Pollution Control Regulations
11-60-18	Control of open burning	11/29/1982	08/18/1983, 48 FR 37403
11-60-21	Agricultural burning, “no burn” days	11/29/1982	08/18/1983, 48 FR 37403
11-60-23	Agricultural burning, action on applications	11/29/1982	08/18/1983, 48 FR 37403
11-60-26	Fugitive dust	11/29/1982	08/18/1983, 48 FR 37403
11-60-27	Incineration	11/29/1982	08/18/1983, 48 FR 37403
11-60-28	Bagasse-burning boilers	11/29/1982	08/18/1983, 48 FR 37403
11-60-29	Process industries	11/29/1982	08/18/1983, 48 FR 37403
Department of Health, Title 11, Chapter 60.1, Air Pollution Control, Hawaii Administrative Rules
11-60.1-1	Definitions	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-1.
11-60.1-2	Prohibition of air pollution	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-17.
11-60.1-3	General conditions for considering applications		04/23/2012, 77 FR 24148	Supersedes 11-60-04, 11-60-11, 11-60-13, 11-60-14.
11-60.1-4	Certification	11/14/2003	4/27/2012, 77 FR 25084	New regulation.
11-60.1-5	Permit conditions		04/23/2012, 77 FR 24148	New regulation.
11-60.1-7	Transfer of permit		04/23/2012, 77 FR 24148	Supersedes 11-60-09.
11-60.1-8	Reporting discontinuance	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-10.
11-60.1-11	Sampling, testing, and reporting methods	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-15 and 11-60-6.
11-60.1-12	Air quality models		04/23/2012, 77 FR 24148	New regulation.
11-60.1-14	Public access to information	11/14/2003	4/27/2012, 77 FR 25084	New regulation.
11-60.1-15	Reporting of equipment shutdown	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-16.
11-60.1-16	Prompt reporting of deviations	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-16.
11-60.1-17	Prevention of air pollution emergency episodes	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-35.
11-60.1-19	Penalties and remedies		04/23/2012, 77 FR 24148	Supersedes 11-60-37.
11-60.1-20	Severability	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-38.
11-60.1-31	Applicability	11/26/93	8/21/14, 79 FR 49454	Newly added to the Hawaii SIP. Submitted on April 4, 2014.
11-60.1-32	Visible emissions	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-24.
11-60.1-34	Motor vehicles	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-25.
11-60.1-40	Volatile organic compound water separation	11/14/2003	4/27/2012, 77 FR 25084	New regulation.
11-60.1-41	Pump and compressor requirements	11/14/2003	4/27/2012, 77 FR 25084	New regulation.
11-60.1-42	Waste gas disposal	11/14/2003	4/27/2012, 77 FR 25084	New regulation.
11-60.1-51	Definitions	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-1.
11-60.1-53	Agricultural burning: Permit requirement	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-19.
11-60.1-54	Agricultural burning: Applications	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-20.
11-60.1-56	Agricultural burning: Recordkeeping and monitoring	11/14/2003	4/27/2012, 77 FR 25084	Supersedes 11-60-22.
11-60.1-81	Definitions		04/23/2012, 77 FR 24148	New regulation.
11-60.1-82	Applicability		04/23/2012, 77 FR 24148	Supersedes 11-60-02.
11-60.1-83	Initial covered source permit application		04/23/2012, 77 FR 24148	Supersedes 11-60-03, 11-60-05, 11-60-07, 11-60-08, 11-60-12.
11-60.1-84	Duty to supplement or correct permit applications		04/23/2012, 77 FR 24148	New regulation.
11-60.1-90	Permit content	9/15/01	79 FR 19012, 4/7/2014	Newly added to the Hawaii SIP. Submitted on February 13, 2013.
11-60.1-91	Temporary covered source permits		04/23/2012, 77 FR 24148	New regulation.
11-60.1-92	Covered source general permits		04/23/2012, 77 FR 24148	New regulation.
11-60.1-93	Federally-enforceable permit terms and conditions		04/23/2012, 77 FR 24148	New regulation.
11-60.1-99	Public participation		04/23/2012, 77 FR 24148	New regulation.
11-60.1-103	Applications for minor modifications		04/23/2012, 77 FR 24148	New regulation.
11-60.1-104	Applications for significant modifications		04/23/2012, 77 FR 24148	New regulation.

(d) EPA approved State source specific requirements.

Name of source	Permit No.	Effective date	EPA approval date	Explanation
None.

(e) EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures.

EPA Approved Hawaii Nonregulatory Provisions and Quasi-Regulatory Measures
Name of SIP provision	Applicable geographic or nonattainment area	State submittal date	EPA approval date	Explanation
State of Hawaii Air Pollution Control Strategy Plan
Section I - Introduction	State-wide	01/28/72	05/31/72, 37 FR 10842
Sections V and VI:
Section V - Air Quality Data Summary	State-wide	08/15/73	06/25/74, 39 FR 22946
Section VI - Emission Inventory Summary	State-wide	08/15/73	06/25/74, 39 FR 22946
Section VII - Control Strategy Development:
Subsection 1. Particulate Matter	State-wide	04/25/74	03/02/76, 41 FR 8956	Excluding subsection entitled, “Control Strategy to Meet State Standards.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
PM₁₀ Control Measures/NSR Procedures	State-wide	09/14/88	07/09/04, 69 FR 41431
Subsection 2. Sulfur Oxides	State-wide	01/28/72	05/31/72, 37 FR 10842	Excluding subsection entitled, “Control Strategy to Meet State Standards.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 3. Carbon Monoxide	State-wide	01/28/72	05/31/72, 37 FR 10842	Excluding subsection entitled, “Control Strategy to Meet State Standards.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 4. Nitrogen Dioxide	State-wide	01/28/72	05/31/72, 37 FR 10842	Excluding subsection entitled, “Control Strategy to Meet State Standards.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Subsection 5. Photochemical Oxidants	State-wide	01/28/72	05/31/72, 37 FR 10842	Excluding subsection entitled, “Control Strategy to Meet State Standards.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Sections VIII through XI:
Section VIII - Prevention of Emergency Episodes	State-wide	01/28/72	05/31/72, 37 FR 10842	Excluding subsection entitled, “State Plan.” See State submittals dated May 8, 1972 and May 22, 1972, approved at 37 FR 15080 (July 27, 1972), and 40 CFR 52.623.
Section IX - Compliance Schedule	State-wide	01/28/72	05/31/72, 37 FR 10842
Section X - Source Surveillance System	State-wide	01/28/72	05/31/72, 37 FR 10842
Section XI - Permit and Registration System	State-wide	01/28/72	05/31/72, 37 FR 10842
Section XII - Air Quality Surveillance Network:
Section XII - Air Quality Surveillance Network	State-wide	08/21/80	08/10/81, 46 FR 40512
Air Quality Surveillance Network, SIP Amendment - PM₁₀	State-wide	09/14/88	07/09/04, 69 FR 41431
Sections XIII and XIV:
Section XIII - Intergovernmental Cooperation	State-wide	01/28/72	05/31/72, 37 FR 10842
Section XIV - Resources	State-wide	01/28/72	05/31/72, 37 FR 10842
Hawaii State Department of Health 5-Year Regional Haze Progress Report for Federal Implementation Plan, excluding Appendix H, I and J	State-wide	10/20/2017	8/12/2019, 84 FR 39756
State of Hawaii Air Pollution Control Implementation Plans for Nitrogen Dioxide, Ozone, PM_2.5, and Lead
State of Hawaii Air Pollution Control Implementation Plan for Lead	Statewide	10/29/82	8/18/83, 48 FR 37402	Excluding section II (“Notice of Public Hearing”); Hawaii Statute on Environmental Quality, Chapter 342, Hawaii Revised Statutes, section 342-7 (see 74 FR 11037 (March 16, 2009); and section IV (“Control Regulations”). The statutory provisions in Section III (“Legal Authority”) superseded statutory provisions approved at 37 FR 10842 (May 31, 1972) and at 38 FR 30876 (November 8, 1973) and were, with few exceptions, superseded by approval of more recent statutory provisions at 77 FR 47530 (August 9, 2012). Statutory provisions that remain in the current applicable SIP are listed separately in the table in paragraph (e).
State Implementation Plan Revision, Clean Air Act Section 110(a)(2), 1997 Ozone National Ambient Air Quality Standard and 1997 and 2006 PM_2.5 National Ambient Air Quality Standards	Statewide	12/14/11	8/9/12, 77 FR 47530	Approval excludes appendix A (“Hawaii Revised Statutes, Chapter 84, Standards of Conduct, Chapter 342B, Air Pollution Control”), appendix B, (“Hawaii Administrative Rules, Title 11, Chapter 60.1, Air Pollution Control”), appendix D (“SIP Public Comment Proceedings”), and appendix E (“Public Proceedings for Hawaii Administrative Rules, Chapter 11-60.1”). Approved statutory provisions included in appendix A are listed separately in the table in paragraph (e). In separate rulemakings, EPA has taken action to approve certain regulations included in appendix B. Approved regulations are listed separately in the table in paragraph (c).
Hawaii State Implementation Plan Revision for 2008 Lead National Ambient Air Quality Standard, Clean Air Act Section 110(a)(1) & (2), excluding attachment 6, and appendices A, B, C, F	Statewide	2/13/13	79 FR 19012, 4/7/2014	Approved SIP revision excludes attachment 6 (“Summary of Public Participation Proceedings”), appendix A (“Hawaii Revised Statutes Chapter 342A, Air Pollution Control”), appendix B (“Hawaii Revised Statutes Chapter 84, Standards of Conduct”), appendix C (“Hawaii Administrative Rules Chapter 11-60.1, Air Pollution Control”), and appendix F (“Approval and Public Participation Proceedings from the Most Recent Amendment and Public Comment for HAR 11-60.1-90: September 15, 2001 version”). The statutory provisions in appendices A and B were previously approved and are listed separately in the table under paragraph (e). EPA-approved regulations contained in appendix C are listed separately in the table under paragraph (c). This action addresses the following CAA elements or portions thereof for the 2008 Pb NAAQS: 110(a)(2)(A), (B), (C), (D)(i)(I), (E), (F), (G), (H), (J), (K), (L), and (M).
Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2), excluding attachment 3, and appendices A, B, and C	Statewide	4/4/14	8/21/14, 79 FR 49454	Approved SIP revision excludes attachment 3 (“Summary of Public Participation Proceedings”), appendix A (“Hawaii Revised Statutes, Title 19, Health, Chapter 342B, Air Pollution Control Sections 4 and 5”); appendix B (“Hawaii Administrative Rules, Title 11, Department of Health, Chapter 11-60.1, Air Pollution Control, Section 31;), appendix C (“Approvals & Public Participation Proceedings for HAR §11-60.1-31: November 26, 1993 version”). The statutory provisions in appendix A are listed separately in the table under paragraph (e). The regulations in appendix B are listed separately in the table under paragraph (c). This action addresses the following CAA elements or portions thereof for the 2008 Ozone and 2010 Nitrogen Dioxide NAAQS: 110(a)(2)(A), (B), (C), (E), (F), (G), (H), (J), (K), (L), and (M).
Hawaii State Implementation Plan Revision to Address CAA Section 110(a)(2)(D)(i)(l) for the 2008 Ozone National Ambient Air Quality Standard, excluding Attachment 3	Statewide	8/6/2015	84 FR 40266, 8/14/19	Approved SIP revision excludes Attachment 3 (”Summary of Public Participation Proceedings”).
Hawaii State Implementation Plan Revision to address CAA 110(a)(2)(D)(i)(I) for the 2015 Ozone National Ambient Air Quality Standards	Statewide	November 12, 2019	December 27, 2021, 86 FR 73130	Approved SIP revision excludes Attachment 2 (“Summary of Public Participation Proceedings”).
Hawaii Revised Statutes, Division 1 (Government), Title 7 (Public officers and employees), Chapter 84 (Standards of Conduct)
84-1	Construction	12/14/11	8/9/12, 77 FR 47530	Laws 1972, Act 163, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-2	Applicability	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1979, Act 91, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-3	Definitions	12/14/11	8/9/12, 77 FR 47530	Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-11	Gifts	12/14/11	8/9/12, 77 FR 47530	Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-11.5	Reporting of gifts	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 322, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-12	Confidential information	12/14/11	8/9/12, 77 FR 47530	Law as amended through 1984. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-14	Conflicts of interests	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1978, Act 245, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
84-17	Requirements of disclosure	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 2007, Act 9, §4. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342-14	Technical defect	10/29/82	8/18/83, 48 FR 37402	Laws 1972, Act 100, pt of §1. Included in Section III (“Legal Authority”) in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
342-18	Other powers of department not affected	10/29/82	8/18/83, 48 FR 37402	Laws 1972, Act 100, pt of §1. Included in Section III (“Legal Authority”) in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
342-19	Effect of laws, ordinances, rules, and regulations	10/29/82	8/18/83, 48 FR 37402	Most recently amended in Laws 1977, Act 115, §6. Included in Section III (“Legal Authority”) in the State of Hawaii Air Pollution Control Implementation Plan for Lead.
Hawaii Revised Statutes, Division 1 (Government), Title 19 (Health), Chapter 342B (Air Pollution Control)
342B-1	Definitions	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §§2, 11. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-2	Administration	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-3	General functions, duties, and powers of the director	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 2000, Act 253, §150. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-4	Other powers of department and director not affected	4/4/14	8/21/14, 79 FR 49454	Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2).
342B-5	Effect of laws, ordinances, and rules	4/4/14	8/21/14, 79 FR 49454	Most recently amended in Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii State Implementation Plan Revision, National Ambient Air Quality Standards for 2008 Ozone and 2010 Nitrogen Dioxide, Clean Air Act Section 110(a)(1) & (2).
342B-7	Annual reports	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §3. Most recently amended in Laws 1993, c 208, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-11	Prohibition	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-12	Specific powers of the director	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1994, Act 268, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-13	Public participation	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 2000, Act 150, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-15	Complaints; hearings; appointment of masters	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-16	Research, educational, and training programs	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-17	Air quality modelers	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 2000, Act 253, §150. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-21	Specific functions, duties, and powers of the director	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1994, Act 268, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-22	Permit and permit renewal; requirements	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-23	Application for permit	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-24	Action on a permit application	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §5. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-25	Approval of permit	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-26	General and temporary permits; single permit	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §6. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-27	Other permit action	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-28	Recordkeeping and monitoring requirements	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-29	Fees	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 2009, Act 42, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-30	Judicial review	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-31	Government records; confidential information	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-32	Clean air special fund	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-33	Minimum permit conditions	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1994, Act 268, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-34	Exceptions	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-41	Inspection of premises	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-42	Enforcement	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1995, Act 180, §2. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-43	Emergency powers; procedures	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1995, Act 201, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-44	Injunctive and other relief	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1995, Act 180, §3. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-45	Citation	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1997, Act 27, §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-46	Appeal	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-47	Civil penalties	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §8. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-48	Administrative penalties	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1994, Act 268, §4. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-49	Criminal penalties	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §9. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-50	Disposition of collected fines and penalties	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-51	Enforcement by state and county authorities	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-52	Nonliability of department personnel	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-53	Other action not barred	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-54	Priority in courts	12/14/11	8/9/12, 77 FR 47530	Laws 1992, Act 240, pt of §1. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.
342B-55	Consent orders; settlement agreements	12/14/11	8/9/12, 77 FR 47530	Most recently amended in Laws 1993, Act 208, §10. Included in appendix A to the Hawaii SIP revision for the 1997 ozone, and 1997 and 2006 PM_2.5 national ambient air quality standards.

[70 FR 44854, Aug. 4, 2005; 70 FR 49377, Aug. 23, 2005, as amended at 74 FR 11040, Mar. 16, 2009; 74 FR 27710, June 11, 2009; 74 FR 36119, July 22, 2009; 77 FR 24150, Apr. 23, 2012; 77 FR 25086, Apr. 27, 2012; 77 FR 47533, Aug. 9, 2012; 78 FR 11985, Feb. 21, 2013; 79 FR 17870, Mar. 31, 2014; 79 FR 19013, Apr. 7, 2014; 79 FR 49456, Aug. 21, 2014; 84 FR 39756, Aug. 12, 2019; 84 FR 40266, Aug. 14, 2019; 86 FR 73130, Dec. 27, 2021]

§52.621 Classification of regions.

The Hawaii plan was evaluated on the basis of the following classifications:

Air quality control region	Pollutant
Air quality control region	Particulate matter	Sulfur oxides	Nitrogen dioxide	Carbon monoxide	Photochemical oxidants (hydrocarbons)
State of Hawaii	II	III	III	III	III

[37 FR 10860, May 31, 1972]

§52.622 Original identification of plan.

(a) This section identified the original “State of Hawaii Air Pollution Control Implementation Plan” and all revisions submitted by the State of Hawaii that were federally approved prior to June 1, 2005.

(b) The plan was officially submitted on January 28, 1972.

(1) Previously approved on May 31, 1972 in paragraph (b) of this section and now deleted from the SIP without replacement Air Pollution Control Law, Hawaii Revised Statutes, chapter 322, part V, section 322-68 and Public Health Regulations, chapter 43, section 20.

(1) Certification that the plan was adopted submitted on April 4, 1972, by the Department of Health.

(2) Telegram and letters (Non-regulatory) clarifying the plan submitted on May 8, 1972, by the Governor.

(3) Telegram (Non-regulatory) clarifying the particulate matter control strategy submitted on May 22, 1972, by the Governor.

(4) Letter (Non-regulatory) clarifying disapproval of the plan submitted on June 15, 1972, by the Governor.

(i) Previously approved on November 8, 1973 in paragraph (c)(4) of this section and now deleted from the SIP without replacement S.B. No. 1382-72, Act 100, section 7.

(ii) [Reserved]

(5) Revised regulations (in their entirety) for the State of Hawaii submitted on November 21, 1972, by the Governor.

(i) Previously approved on May 14, 1973 in paragraph (c)(5) of this section and now deleted from the SIP without replacement chapter 43, section 20.

(ii) [Reserved]

(6) Regulations establishing a permit system for agricultural burning submitted on May 15, 1973, by the Governor.

(7) Compliance schedule submitted on July 27, 1973, by the Governor.

(8) 18-month extension plan for particulate matter submitted on August 15, 1973, by the Governor.

(9) Date for attainment of the national ambient air quality standards for particulate matter submitted on April 25, 1974, by the Governor.

(10) Previously approved on April 23, 1979 and now deleted without replacement: A variance to the Hawaii Public Health Regulations, chapter 43, section 7(b)(5) submitted on September 12, 1978, by the Governor.

(11) A variance to the Hawaii Public Health Regulations, Chapter 43, Section 7(b)(5) submitted on February 22, 1979 by the Governor.

(12) The following amendments to the plan were submitted on August 21, 1980, by the Governor.

(i) XII. Air Quality Surveillance Network.

(13) A variance to the Hawaii Public Health Regulations, Chapter 43, section 8 (b)(1) submitted on November 25, 1980 by the Governor.

(14) Previously approved on September 30, 1982 and now deleted without replacement: A variance of the Hawaii Public Health Regulations, chapter 43, section 8(b)(1) submitted on April 6, 1982, by the Governor.

(15) Hawaii State Lead SIP Revision submitted on October 29, 1982, by the State.

(i) Previously approved on August 18, 1983 in paragraph (c)(15) of this section and now deleted from the SIP without replacement Hawaii Statute on Environmental Quality, Hawaii Revised Statutes, chapter 342, section 342-7.

(ii) [Reserved]

(16) The following amendments to the plan were submitted on December 20, 1982 by the State.

(i) Title 11 - Department of Health, Chapter 60, Air Pollution Control.

(A) Amended sections 11-60-01 thru 11-60-29, 11-60-35 thru 11-60-38.

(B) Previously approved on August 18, 1983 and now deleted without replacement section 11-60-36.

(17) The following amendment to the plan was submitted on September 14, 1988, by the Governor's designee.

(i) Incorporation by reference. (A) Hawaii Department of Health.

(1) Section XII, Air Quality Surveillance Network adopted on August 16, 1988.

[37 FR 10861, May 31, 1972, as amended at 41 FR 8959, Mar. 2, 1976; 44 FR 23828, Apr. 23, 1979; 44 FR 46274, Aug. 7, 1979; 46 FR 40513, Aug. 10, 1981; 47 FR 3111, Jan. 22, 1982; 48 FR 37403, Aug. 18, 1983; 62 FR 34648, June 27, 1997; 69 FR 41432, July 9, 2004. Redesignated and amended at 70 FR 44854, Aug. 4, 2005; 74 FR 11040, Mar. 16, 2009]

§52.623 Approval status.

(a) With the exceptions set forth in this subpart, the Administrator approves Hawaii's plan for attainment and maintenance of the national standards. The State included various provisions in its plan to provide for the attainment of the State ambient air quality standards. As described in the Governor's letters of January 28, May 8, and May 22, 1972, these provisions were included for information purposes only and were not to be considered a part of the plan to implement national standards. Accordingly, these additional provisions are not considered a part of the applicable plan.

(b)1997 8-hour ozone NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii).

(c) 1997 PM _2.5 NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii).

(d) 2006 PM _2.5 NAAQS: The SIP submitted on December 14, 2011 is partially disapproved for Clean Air Act (CAA) elements 110(a)(2)(C) and (J), and is disapproved for CAA elements 110(a)(2)(D)(i)(II) and (D)(ii).

[79 FR 17874, Mar. 31, 2014]

§52.624 General requirements.

(a) The requirements of §51.116(c) of this chapter are not met since the legal authority to provide for public availability of emission data is inadequate.

(b) Regulation for public availability of emission data. (1) Any person who cannot obtain emission data from the Agency responsible for making emission data available to the public, as specified in the applicable plan, concerning emissions from any source subject to emission limitations which are part of the approved plan may request that the appropriate Regional Administrator obtain and make public such data. Within 30 days after receipt of any such written request, the Regional Administrator shall require the owner or operator of any such source to submit information within 30 days on the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the applicable plan.

(2) Commencing after the initial notification by the Regional Administrator pursuant to paragraph (b)(1) of this section, the owner or operator of the source shall maintain records of the nature and amounts of emissions from such source and any other information as may be deemed necessary by the Regional Administrator to determine whether such source is in compliance with applicable emission limitations or other control measures that are part of the plan. The information recorded shall be summarized and reported to the Regional Administrator, on forms furnished by the Regional Administrator, and shall be submitted within 45 days after the end of the reporting period. Reporting periods are January 1 to June 30 and July 1 to December 31.

(3) Information recorded by the owner or operator and copies of this summarizing report submitted to the Regional Administrator shall be retained by the owner or operator for 2 years after the date on which the pertinent report is submitted.

(4) Emission data obtained from owners or operators of stationary sources will be correlated with applicable emission limitations and other control measures that are part of the applicable plan and will be available at the appropriate regional office and at other locations in the state designated by the Regional Administrator.

[39 FR 34536, Sep. 26, 1974, as amended at 40 FR 55329, Nov. 28, 1975; 51 FR 40676, Nov. 7, 1986]

§52.625 Legal authority.

(a) The requirements of §51.230(f) of this chapter are not met, since sections 322-64(5) and 322-66 of the Hawaii Revised Statutes could, in some circumstances, prohibit the disclosure of emission data to the public. Therefore, sections 322-64(5) and 322-66 are disapproved.

[39 FR 34536, Sep. 26, 1974, as amended at 51 FR 40676, Nov. 7, 1986]

§52.626 Compliance schedules.

(a) [Reserved]

(b) The compliance schedules for the sources identified below are disapproved as not meeting the requirements of Subpart N of this chapter. The regulations cited are air pollution control regulations of the State.

Source	Location	Regulation sections involved	Date of adoption
Nanakuli Paving & Rock Co., Ltd	Molokai	8, 13	7/27/73.
Kohala Corp	Halaula	8, 12	Do.

[39 FR 16348, May 8, 1974, as amended at 51 FR 40676, Nov. 7, 1986; 54 FR 25258, June 14, 1989]

§§52.627-52.631 [Reserved]

§52.632 Significant deterioration of air quality.

(a) The requirements of sections 160 through 165 of the Clean Air Act are not met, since the plan does not include approvable procedures for preventing the significant deterioration of air quality.

(b) Regulations for preventing significant deterioration of air quality. The provisions of §52.21 except paragraph (a)(1) are hereby incorporated and made a part of the applicable State plan for the State of Hawaii.

[43 FR 26410, June 19, 1978, as amended at 45 FR 52741, Aug. 7, 1980; 68 FR 11322, Mar. 10, 2003; 68 FR 74488, Dec. 24, 2003]

§52.633 Visibility protection.

(a) The requirements of section 169A of the Clean Air Act are not met, because the plan does not include approvable procedures for protection of visibility in mandatory Class I Federal areas.

(b) Regulations for visibility monitoring and new source review. The provisions of §§52.27 and 52.28 are hereby incorporated and made part of the applicable plan for the State of Hawaii.

(d) Regional Haze Plan Provisions (1) Applicability — This paragraph (d) applies to following electric generating units (EGUs) and boilers: Kanoelehua Hill Generating Station, Hill 5 and Hill 6; Puna Power Plant, Boiler 1; Shipman Power Plant, Boiler S-3 and Boiler S-4.

(2) Definitions. Terms not defined below shall have the meaning given to them in the Clean Air Act or EPA's regulations implementing the Clean Air Act. For purposes of this paragraph (d):

(Owner/operator) means any person who owns, leases, operates, controls, or supervises an EGU or boiler identified in paragraph (d)(1) of this section.

(SO) ₂ means sulfur dioxide.

Unit means any of the EGUs or boilers identified in paragraph (d)(1) of this section.

(3) Emissions cap. The EGUs identified in paragraph (d)(1) of this section shall not emit or cause to be emitted SO₂ in excess of a total of 3,550 tons per year, calculated as the sum of total SO₂ emissions for all five units over a rolling 12-month period.

(4) Compliance date. Compliance with the emissions cap and other requirements of this section is required at all times on and after December 31, 2018.

(5) Monitoring, recordkeeping and reporting requirements.

(i) All records, including support information, required by paragraph (d)(5) of this section shall be maintained for at least five (5) years from the date of the measurement, test or report. These records shall be in a permanent form suitable for inspection and made available to EPA, the Hawaii Department of Health or their representatives upon request.

(ii) The owners and operators of the EGUs identified in paragraph (d)(1) of this section shall maintain records of fuel deliveries identifying the delivery dates and the type and amount of fuel received. The fuel to be fired in the boilers shall be sampled and tested in accordance with the most current American Society for Testing and Materials (ASTM) methods.

(iii) The owners and operators of the EGUs identified in paragraph (d)(1) of this section shall analyze a representative sample of each batch of fuel received for its sulfur content and heat value following ASTM D4057. The samples shall be analyzed for the total sulfur content of the fuel using ASTM D129, or alternatively D1266, D1552, D2622, D4294, or D5453.

(iv) The owners and operators of the EGUs identified in paragraph (d)(1) of this section shall calculate on a monthly basis the SO₂ emissions for each unit for the preceding month based on the sulfur content, heat value and total gallons of fuel burned.

(v) The owners and operators of the EGUs identified in paragraph (d)(1) of this section shall calculate on a monthly basis the total emissions for all units for the preceding twelve (12) months.

(vi) The owners and operators of the EGUs identified in paragraph (d)(1) of this section shall notify the Hawaii Department of Health and EPA Region 9 of any exceedance of the emission cap in paragraph (d)(3) of this section within thirty (30) days of such exceedance.

(vii) By March 1, 2019 and within sixty (60) days following the end of each calendar year thereafter, the owners and operators of the EGUs identified in paragraph (d)(1) of this section shall report to the Hawaii Department of Health and EPA Region 9 the total tons of SO₂ emitted from all units for the preceding calendar year by month and the corresponding rolling 12-month total emissions for all units.

(viii) Any document (including reports) required to be submitted by this rule shall be certified as being true, accurate, and complete by a responsible official and shall be mailed to the following addresses: Clean Air Branch, Environmental Management Division, State of Hawaii Department of Health, P.O. Box 3378, Honolulu, HI 96801-3378 and Director of Enforcement Division, U.S. EPA Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

(e) Approval. On October 20, 2017, the Hawaii Department of Health submitted the “Hawaii State Department of Health 5-Year Regional Haze Progress Report for Federal Implementation Plan” (“Progress Report”). The Progress Report meets the requirements of the Regional Haze Rule in 40 CFR 51.308.

[50 FR 28553, July 12, 1985, as amended at 52 FR 45137, Nov. 24, 1987; 77 FR 61506, Oct. 9, 2012; 82 FR 3129, Jan. 10, 2017; 84 FR 39756, Aug. 12, 2019]

§52.634 Particulate matter (PM-10) Group III SIP.

(a) On September 14, 1988, the Governor of Hawaii submitted a revision to the State Implementation Plan (SIP) for implementing the required monitoring activities and other tasks necessary to satisfy the requirements of the PM-10 Group III SIP.

(b) The Hawaii Department of Health has committed to meet the ongoing requirements for PM-10 Group III areas.

[55 FR 18110, May 1, 1990]

['Air Programs']

['Air Quality']

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