REMARKS: - University of Hawaii · 2018. 8. 2. · WILLIAM W. PATY CHAIRPERSON JOHN C. LEWIN, M.O....

- DEVELOP~

FROM:_·---~:--1F---:----- DATE:. _ _;,...J~-=---4:---': FILE IN:_· -------------

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TO: INIT:

_ /-· _ M. TAGOMORI -/ _ L. Nanbu ~ta = . ___;., L. Chang

_ /- E. l.au

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T. Kam · - = G. Miyashiro

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R. LOUI S. Kokubun

PLEASE:

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~ew & Comment . . . ~. Take ~ction .

__ · Investigate & Report Draft'Reply Acknowledge Receipt .Type Draft Type Final Xerox __ copies File

. FORYOUR:

Approval Signature Information

REMARKS:

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94:565587

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• • FILE: Energy:Geothermal X: Yamashiro, Stephen K.

EXECUTIVE CHAMB.RS

HONOLULU

JOM" WAIMIE GO¥ta•o• May 30, 1994

The Honorable Stephen K. Yamashiro Mayor County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720-4252

Dear Mayor Yamashiro: rn V)

This is to urge your administration to promulgate rules as soon as possible to enable funding of the Geothermal Compliance Coordinator position and to ensure that noise from geothermal development activities do not adversely affect nearby residents.

I have agreed to partially fund a position in Hawaii County for a Geothermal Compliance Coordinator on a temporary basis. However, I am advised that the most appropriate means of funding for this position is through the Geothermal Asset Fund administered by the County of Hawaii. This fund was intended in part to ensure that geothermal development activities do not adversely impact on surrounding communities.

The Hawaii County Geothermal Compliance Coordinator's position is critical to ensuring that Puna Geothermal Venture (PGV) is in compliance with the Geothermal Resource Permit (GRP) and other County and State permits. Of particular concern is the need to control excessive noise from the PGV facility. When the Department of Health (DOH) adopts its new noise rules, PGV will be considered a source in an agriculturally zoned area, which will be regulated in a uniform manner statewide. The proposed rules would allow noise levels up to 70 dBA, which the DOH believes is inappropriate for the sensitive area in Puna where the PGV facility is located.

All the counties are authorized to develop rules to control noise that are more stringent than the statewide standards to address special situations, such as the case with PGV. Although we are told that PGV intends to maintain their current noise control program, the State will not be able to enforce more stringent noise limits. Another option would be for the County to amend the GRP to maintain current noise limits or specify more appropriate noise limits. It is important that the County ensures that it has a means of controlling noise from the PGV facility.

: j ~

c I''

0 The Honorable Stephen K. Yamashiro May 30, 1994 Page Twa,

t

• The DOH has offered its continued support for establishing an appropriate County ordinance to control noise from geothermal sources. If you desire more information on the proposed statewide noise rules, please contact Bruce Anderson, Deputy Director for Environmental Health, at 586-4424.

With kindest regards,

be: jl"ohn C. Lewin xc: I./Keith Ahue

Mufi Hannemann

DOH: jn

Sincerely,

IS~~ JOHNWAIHEE

- -

{- ... Jan.31.1992 11:33 AM

DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT 8t TOURISM

PLI).SB DBLIVBR THE FOLIDWIKG PAGES TO a

NAMB:

COMPANY:

ftOM:

DATE I

MESSAGEs

r.1 tom Arizypi/Man&bu Tugmo;1 ,

,., DQH/DLQ ,

Daan A, Rakano ~ 0~-31-22 TIMB1

verner's Referral No

P01

.IOttN W~HiE Cover"'t

MUIIIAY L 'IOWILL Director

tMMitA KIM 1W1J0N Dti)Uty DUdot

ruc~e•=am DepUiy Dlreator

1AIHI41 VOfHIMMA

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pBED's Geothermal ProJect Office b pr.epared to ·-~~tQU v,tth

thili refii!Tral in any vay that you ul a11k.

Tota~ numbor of paqee (includinw Tran•mittal Paga)a l

IF YOU DO NOT RICBIVB ALL OP THB ...... ·LIGI&L¥, PLBASB CALL: PHON! (808) 51t-I3$S

sendinq Facaimile Number: (808) !58&•2!5JI Receiving racs1m1la NUmber: ( 808) 586-44.44l5f7=02l2

.. From HAWAIIGEOTHERMRL/ORBLE Jan.31.i992 11:33 AM P02

ro: ;uector. Qg~ r.id PW~ Ct'.OtDINAYI &iL.9£>;o? FORI

HMIAII ISlAND qE01'HI!miA1. AIUANCE

777 Kilauea Ave., Suite 109, A255

Hilo, Hawaii 96720-4200

Pmne: 959-209.8

January 14. 1992

The Honorable John Waihee Governor, State of Hawaii State Capitol i.lonolulu, IIawaU 96813

Dear Governor Waih.Qe:

- tcmllent/ ......... illlitiOII ("QIIIf£1) _ --late anentloa _ Ulrect 1'8111' tetlbcC• lklverr.arl _ YV lntorlatlOftlfUt ..,k;.Drof't ,..., fer ...,.,.,.., tlll*!n

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The Hawaii Island Geothermal Alliance has received reports that the State Department of Health is developing air quality .standarde which would impact geothe~:mal development and other industda~. (~,-;tivity, including sugar mills and sewer treatment plants.

The Alliance is interested in suppt,rti~~ regulations which protect health and safety. But we are concerned that needl-assly stringent restrictions wtll kill the fledgling geothermal industry in Hatfa11 before it gats off tha ground.

In discussions with industry representatives, it has been indicated that draft regulations are being considared by the Department of Health which may be unnecessarily restrictive. It is our unaerstanding ~se draft regulations describe air quality standards many times more stringent than those imposed by other states, and emergency levels a fraction of OSHA limits.

HIGA urges you to use your good offices to direct the Deparcnent of Health to impose reasonable standards to assure public health and saf~ty, standards which are based en sound technical justification.

We understand that TRUE GeothAmal has viol.atP.<I nona of tha permit provisions under which thay operate, yet would be penalized with the even more restrictive regulations under consideration. .

HIGA' s manbership, which includes grassroots members and labor land business representatives, believes geothe.1:1118l e.ne.rgy would be good for Hawaii Island enviromentally and economic.e.lly. We organized about two years ago because we believed in the geothetrnal initiative you ~nnounced when you became Govemor.

Eneloacd are copies of advertisements we sponsored recently which note some of the reasons HIGA continues to support geothennal energy developnent for Hawaii Isl.ard. We hope you Will do all you can to move geothermal energy develop11ent forward 1n a rational and upeditious manner.

/

... . ' .

I

' .. Fran HAJAI !GEOTHER1'1=1UCRR.E Jan.31.1992 11:33 AM

:.•'',

Rapruentatives of HIGA .aon will be eallirlg your office to request an appointment so we mi2ht discuss in some detail HIGA' s specific concerns about 'What we perceive to be unnecessary and unfoi"tunate delays in ~YKWing ahead with geotheL"IIlal energy dewlopnent, and what we fear the adverse consequences will be if solutions are not forthcoming.

cc: ~. John Lewin, Director, State Health DBpartment Mr. William Paty, Director, Department of Land and Natural Resources MI;, tbcray Towill, Director, Department of Business, Ek:.onomic De\relopnent

P03

JOHN WAIHEE

GOVERNOR OF HAWAII

WILLIAM W. PATY

CHAIRPERSON

JOHN C. LEWIN, M.O. MICHAEL J. CHUN. Ph.D.

STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES

COMMISSION ON WATER RESOURCE MANAGEMENT

P. 0. BOX 621

HONOLULU. HAWAII 96809

Mr. Martin L. Jokl, President Barnwell Geothermal Corporation 2828 Paa Street, Suite 2085 Honolulu, Hawaii 96819

Dear Mr. Jokl:

JAN 3 I 1992

Our letter to you dated January 22, 1992 contained an error. The letter should have read 11

••• your permit extension is hereby amended to be in effect through February 12, 1993.11

I hope this error did not cause you any inconvenience.

truly yours, _.....,... ... ----·--.....__, ...........

ROBERT S. NAKATA RICHARD H. COX

GUY K. FUJIMURA

MANABU TAGOMORI

DEPUTY

r;{~~

JS:ky

U TAGOMOdi Director

R. LOUI S. Kokubun

PLEASE;

See Me Call Review & Comment Take Action Investigate & Report Draft Reply Acknowledge Receipt Type Draft Type Final Xerox __ copies File

FOR YOUR:

REMARKS;

DOHIDIR.OFFICE ID:8085864444 16:24 No.016 P.01

7/ui-t.IIL5Jdc:. HAWAt•t DEPARTMENT OF HEALTH

TO: See he 1 ow

ORGANIZATION:

FAX NUMBER:

OAlE: 2/16/93

TOTAL PAGES INClUDING COVER: 3

COMMENTS:

Joshua Agulud Mufi Hannemann Tak Yoshihara Jack kappler

Governor•s Office DBEOT DB EDT DLNR

FAX TRANSMISSION FROM:

Jennifer Castleberry DOH Communications

FAX: {808) 586-44.44

~OOOh

'2.3 7"1 ~ ),377 ''7 D 3 'f"D

This news release wt 11 be goin\1 out this afternoon. If you have any major problems. please call us before 4:30. Thank you.

DOH/DIR.OFFICE ID:8085864444

• N FEB 16'93 16:25 No.016 P.02

• H•w•l• ,.,_rtment ol ....,,, • Oommunfc•tlon Office 1250 Punohbowl Street • Honoluh.J, Hawai'l 96813 • Phone: (800) 586-4442 • Fax: (808) 586·4444

February 16, 1~93 DOH-OD #93•14

The Dopartaent of Health, concerned ahout delayed communication from geothermal developer• and nuisance impact on the community durin9 last week's well clean out Puna Geothermal Ventura, has set the following conditions for resumption ot clean out or start up.

1. The Health DepartJlent has adtled to tho permit a requirement / for•better notitioation troD the d~•loper ot hydrogen sulfide :relea•es.

2. OOK wanta PGV to aqree to allow a DOH inspector on-• ita at the wellhead during clean out and start-up activities.

3. Throuqb a letter ot agreement, DOH want• the developer to have a comfortable site available for ro•idants to relocate to if they choose to leave durin; these types of activitie•.

Also necessary to be completed before the developer continues clean out or start up, is&

A aamorandum of agreement between the county, state agencies (DOH and DLNR) and the developer on communications and ~ notification, that is, spallinq out who contact• wbom in an •"'~---extraordinary event.

These document•, now being drafted by DOH •taft and the Attorney General'• otfice, require the developer to report any •ignificant release ot hydrO<Jen sulfide and any abnormal situation• to the Health Department.

While DOK monitoring •tationa at the property line record hyd~ogen sulfide levels there, DOH want• to be notified when bi9h levels at the well head are likely to produce S parts per billion at the property line. .r,,." The state Department ot Land and Natural Resources has an on-site inspector during the•• operation•, but DOH wants one of its personnel there as well. DLNA•• juri•diction i• over the underqround resource and the wellhead, but DOH over•••• air and noise emiaaion•.

·----------~----------------- --------····-··-·-John Walhoe, Gowmor John C.lawln, M.D., DirfOIOf Of Health ---·-·-

__ DOH/DIR.OFFICE ID:80858644A4

0 FEB 16'93 16:25 No.Ol6 P.03

0

"Believe i't or not, DOH still thinks qeothermal is a viable Biq Island anergy alternative to tosail fuels, 11 aaici John c. Lewin, M.D., director of health. "However, how that resource ia develope<' in terms of safety to workers and impacts on neighboring communities ia critical. we must assure effective oom»unioation and levy fines abould theae new colllt\unication atandards not be mat." Dr. LeWin aaid.

On Mon4ay, February a, hydrogen sultide levela during PGV'• clean out reached 6?2 ppb in Lanipuna with a one hour average ot 150 ppb. The DOH permit doaa not allow levels ot bydroqen sulfide to exceed 25 ppb for an hour average outside ot the project fence line.

PGV 1a already required tc notify the community of atart up and clean out plana at least 24 hours in advance. Now, DOH ia addinq the followinq.

In addition to the required notice in the new•paper and letters to residents within 3500 feat of the project, the DOH baa required PCV to:

Telephone every resident who can be reached within 3500 feet and others who wiah to be notitied that clean out activit!•• will resume;

Issue a pre&a release describing in detail their planned aotivitiea durinq the wall clean out and make these available on request to reaidentst and

Provide a site with retre•hmenta for thosa reaidants who wish to leave the area.

DOH ha• fini•h•d. ita permit revisions and expeot• the developer to siqn it thi• week. PGV must provide a letter agreeing to an on•aite inspector and temporary relocation site.

Tha memorondwa of eqre•aent will depend on the three parties - DOH, the county of Hawaii and PCV. start up or clean out aotivtt1ea cannot re•ume until the permit and agreement are final.

Investigation by DOH into the February 8 incident continues. PGV will taae antoroement action. Pine• can be levied at $25,000 a day per incident.

e SAFE DRIN~~EWffER BRANCH .

HECEIVED

DIV. OF WATER & LAND DEVELOPMENT

PUNA GEOTHERMAL VENTURE

HYDROLOGIC MONITORING PROGRAM

PREPARED BY:

Science Applications International Corporation ·

April, 1990

\ .I

April 25, 1990 Reference No. 90151.011

State of Hawaii Department of Health Safe Drinking Water Branch Five Waterfront Plaza 500 Ala Moana Boulevard Suite 250 Honolulu, Hawaii 96813

Attention: Mr. Chauncey Hew

Subject: Puna Geothermal Venture Hydrologic Monitoring Program

Dear Mr. Hew:

RECEIVED SAFE DRINKING WATER BRANCH ... -fl!

~/

Enclosed for your information and review please find a copy of the final version of the subject document. Incorporated into this version are the corrections to ±ypographical errors as well as changes agreed to by the Department of Health and Puna Geothermal Venture.

Please replace the hydrologic monitoring program in the threering binder with the enclosed version.

We greatly appreciate your time in reviewing this document. Please forward the Department of Health's approval of this document, as amended, directly to the County of Hawaii Planning Department. If there are any questions, feel free to contact either Keith Kennedy, Chris Iha, or myself in our Hilo office at 961-2184.

Sincerely,

~~~ -/r!UMaurice A. Richard 0 Regional Development Manager

Enclosure

.-'UNA GEOTHERMAL VENTURE 0 101 Aupuni Street Suite 1014-B, Hila, Hawaii 96720 • 0 610 East Glendale Ave., Sparks, Nevada 89431-5811 •

Telephone (808) 961-2184 Telephone (702) 356-9111

• •

Facsimile (808) 961-3531 Facsimile (702) 356-9125

April 17, 1990

PGV - DOCUMENT RECORD & TRANSMriTAL UST

DOCUMENT: HYDROLOGIC MONITORING PLAN PLAN

COPIES MADE: 12

COPY 1

COPY 2

COPY 3

COUNTY OF HAWAli PLANNING DEPARTMENT

COUNTY OF HAWAli PLANNING DEPARTMENT

COUNTY OF HAWAli WATER SUPPLY DEPARTMENT

COPY 5 STATE OF HAWAli- DEPARTMENT OF HEALTH, SAFE DRINKING WATER BRANCH

COPY 6 PGV FILES - DEVELOPMENT

COPY 7 PGV FILES - CONSTRUCTION COPY

COPY 8 SAIC "7 KEI1H. KENNEDY, SAN FRANCISCO, CA

COPY 9 SAIC - DOUG COVER, SAN DIEGO, CA

COPY 10 EMA - DWIGHT CAREY, BREA, CA.

COPY 11 PGV FILES - RENO OFFICE - ZVI RErSS

COPY 12 PGV MONITORING CONrRACfOR

END

PGV HMP COPY 4



PREPARED BY:

Science Applications International Corporation

April, 1990



PREPARED BY:

Science Applications International Corporation

April, 1990

PUNA GEOtimRMAL VENTURE HYDROLOGIC MONITORING PROGRAM

TABLE OF CONTENTS

TABI..E OF CON'rENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

llSIOF ABB~TIONS ........................................ m

EXECUTIVE SUMMARY 1

Hl. JNmODUCITON . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 H1.1 BACKGROUND SUMMARY . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 H1.2 OBJECTIVES AND SCOPE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

H2. HYDROLOGIC ENVIRONMENT DESCRIPTION . . . . . . . . . . . . . . . . . . . 9 H2.1 GEOLOGIC SETIING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 H2.2 HYDROGEOLOGIC SETIING . . . . . . . . . . . . . . . . . . . . . . . . . . 10

H2.2.1Recharge Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 H2.2.2Discharge Mechanisms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 H2.2.3Flow System Description . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

H2.3 HYDROCHEMICAL SETIING . . . . . . . . . . . . . . . . . . . . . . . . . . 14

l£3. PROORAM DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 H3.1 TASK 1 -DATA BASE UPDATE . . . . . . . . . . . . . . . . . . . . . . . . . 18 H3.2 TASK 2 - LOCATING ON-SITE MONITORING WELLS . . . . . . . 18 H3.3 TASK 3 - GTW ill REHABILITATION . . . . . . . . . . . . . . . . . . . . . 18 H3.4 TASK 4- COMPLETING ON-SITE MONITORING WELLS ..... 19 H3.5 TASK 5- BACKGROUND SAMPLING MEASUREMENTS 19 H3.6 TASK 6- CONTINUING SAMPLING AND MEASUREMENTS .. 19 H3.7 TASK 7- REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

H4.SrrB DESClUP110NS ........................................ 20 H4.1 EXISTING OFF-SITE LOCATIONS ....................... 20 H4.2 ON-SITE LOCATIONS ................................. 23 H4.3 ADDmONAL LOCATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

H5. MONITORING EQUIPMENT AND OPERATION . . . . . . . . . . . . . . . . . . . 24 H5.1 WATER LEVEL MEASUREMENTS . . . . . . . . . . . . . . . . . . . . . . 24 H5.2 WATER QUALITY SAMPLING AND ANALYSIS . . . . . . . . . . . . 24

H6. DATA REPORTING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 H6.1 FREQUENCY AND CONTENT . . . . . . . . . . . . . . . . . . . . . . . . . . 28 H6.2 FORMAT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

Version: l April, 1990

PGV Hydroloeic Monitorina Proaram Pace: i

H1.QUALirY ASS~CE PROGRAJd ............................ 29 H7.1 QUALITY CONTROL ACTIVITIES . . . . . . . . . . . . . . . . . . . . . . . 30 H7.2 DATA QUALITY ASSURANCE ACTIVITIES . . . . . . . . . . . . . . . 30 H7.3 LABORATORY QUALITY ASSURANCE ACTIVITIES . . . . . . . . 31

H8. REF'ER,EN"CES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

UST OF TABLFS

Table H2-l. Wells in the Shallow-Aquifer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Table H2-2. Shallow-Aquifer Water Quality Data from KS-1, KS-lA, and KS-2

Wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Table H5-l. List of Water Sample Parameters for Routine Analyses . . . . . . . . . . 27

LIST OF FIGURES

Figure H1-1. ~ey ~~on Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Figure H1-2. S1te V1C1IUty Map . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Figure H2-1. Site Hydrologic Data Sources and Related Features . . . . . . . . . . . . 35 Figure H2-2. Types of Ground Water OccurrenCe and Development in Hawaii . . 36

Appendix H1. Appendix H2. Appendix H3.

UST OF APPENDICES

GRP Conditions Relative to the Hydrologic Monitoring Program Example Equipment Specifications List of Analyses for First Year Sampling Program

Vcnion: l April, 1990

PGV HydroJoeic Moni10rin1 Procram Page: ii

ATC dB dB A dd DOH EPA GRP GTW ~ HMP LERZ m mm MAQMP MMMD MW MSL NAAQS NBS NMP NWS PGV PM ppb ppm ppmv PSD QA QC RH SAAQS SLM TSP YSI ZAM

LIST OF ABBREVIATIONS

Authority to Construct Decibel Level - relative Decibel Level - absolute Distance doubled State of Hawaii Department of Health United States Environmental Protection Agency Geothermal Resources Permit Geothermal Test Well Hydrogen Sulfide Hydrologic Monitoring Plan Lower East Rift Zone Meters Millimeters Meteorologic and Air Quality Monitoring Plan Mean Maximum Mixing Depth Megawatt Mean Sea Level National Ambient Air Quality Standards National Bureau of Standards Noise Monitoring Plan National Weather Service Puna Geothermal Venture Particulate Matter Parts per billion Parts per million Parts per million volume Prevention of Significant Deterioration Quality Assurance Quality Control Relative Humidity State Ambient Air Quality Standards Sound Level Meter

· Total Suspended Particulates Yellow Springs Instrument Zero Air Module

Venion: 2 April, 1990

PGV HydroiOJic Monitorin& Propm Pago: iii

PUNA GEOTHERMAL VENTURE HYDROLOGIC MONITORING PROGRAM

EXECUTIVE SUMMARY

This Hydrologic Monitoring Program is being submitted as part of the requirements

of the Geothermal Resource Permit Condition 10. The Program as submitted is in

full compliance with this condition. It will document the hydrologic conditions in the

shallow aquifer in existing wells that occur in the vicinity of the site and at a water

supply well on the site prior to and over the duration of the project activities.

ScQpe

The scope of the plan provides for quarterly monitoring of water levels and appropriate

chemical species from existing wells comple~ in the shallow aquifer in those areas

downgradient of the project area, at the Green Lake water supply, and from two

monitoring wells located within the project boundary completed within the shallow

aquifer.

The proposed scope of the monitoring program will be to:

• Review and update the well data files for existing non-geothermal

wells in the site vicinity,

• Identify the location of the two on-site monitoring wells,

• Determine the flow gradient in the site vicinity by completing two on-site

and rehabilitating a third, nearby, monitoring well (GTW ITI).

• Document background conditions for selected wells by conducting

the initial round of complete water level measurements and water

sampling at all monitoring wells and water supply locations prior

to beginning injection· activities at the site, and,

Vcnion: 2 April, 1990

PGV Hydrolocic Monitorine Proeram Paec: I

• Implement the proposed monitoring program by conducting

measurements on a quarterly basis thereafter.

Permit Conditions 11 and 13 are, in part, related to ground water, but, since they

relate to potential upset conditions for the project, any necessary response actions go

beyond monitoring routine activities at the site. They require, in the event of shallow

ground water contamination being caused by the project construction or operation

(Condition #11) or the Green Lake Water Supply becoming contaminated as a result

of the project (Condition #13), that the source of the contamination be eliminated and

that an alternative water supply for Green Lake be provided.

PGV will immediately notify the County Planning Department and State Department

of Health in situations when a change in geothermal well conditions indicates there is

a leak or failure in the production or injection well casing. PGV will take the

appropriate steps to test the production/injection system and evaluate the related well

and casing downhole conditions. If leakage of geothermal waters to the shallow

aquifer is demonstrated, any wells leaking would be shut in accordance with GRP

Condition 11, and an assessment of the potential impact would be made by the

monitoring contractor. In addition, steps would be identified to evaluate the impact

as it relates to downgradient water users.

Eq.uipment. Data Collection and Re;porting

Water level meters will be used to measure the depth to water at all monitoring

locations. Samples will be taken using pumps in wells equipped with these devices or

using bailers. Field analyses will be supplemented by laboratory analyses for

components that have been developed by PGV in concert with the State Department

of Health, Safe Drinking Water Branch. All samples will be taken and field analyses

conducted in accordance with standard protocols approved by the EPA. An EPA or

State of Hawaii-certified laboratory will be used to conduct the analyses for samples

submitted.

Version: 2 April, 1990

PCiV Hydrologic Monitorine Proenm Page: 2

The final locations established for monitoring will be sampled and measured quarterly.

Data from each site will be processed and checked. Quality ControVQuality

Assurance procedures will be in compliance with standards of practice for similar

programs relative to the acquisition, reduction, verification, and validation of the site

data.

In compliance with pennit conditions, semi-annual reports of the data will be

submitted along with the project status reports on February 15 and August 15 of each

calendar year.

Venion: l April, 1990

PGV Hydrologic Monitorinr Propm Pap: 3



Hl. 1NTRODUCITON

This document provides the basis for the Hydrologic Monitoring Program (HMP) for

the Puna Geothermal Venture. The HMP is complementary to two additional

environmental compliance monitoring programs also being submitted by PGV for their

proposed activities at the site. The other two programs are the Meteorology and Air

Quality Monitoring Program (MAQMP) and the Noise Monitoring Program (NMP),

being submitted concurrently.

The HMP is organized into the following eight chapters, which make up the entire

program:

Chapter Hl. INTRODUCTION Chapter H2. HYDROLOGIC ENYIRONMENT DESCRIPTION Chapter H3. PROGRAM DESCRIPTION Chapter H4. SITE DESCRIPTIONS Chapter H5. MONITORING EQUIPMENT AND OPERATION Chapter H6. DATA REPORTING Chapter H7. QUALITY ASSURANCE PROGRAM Chapter HS. REFERENCES

Chapter Hl, INTRODUCTION, presents the background, purpose, and scope of the

monitoring program. Chapter H2, HYDROLOGIC ENVIRONMENT

DESCRIPTION, presents background about the geology, hydrogeology and

hydrochemistry ·of the · site vicinity based on previous studies. Chapter H3,

PROGRAM DESCRIPTION, describes the activities associated with the proposed

program. Chapter H4, SITE DESCRIPTIONS, identifies characteristics associated

with the expected monitoring locations. Chapter HS, MONITORING EQUIPMENT

AND OPERATION, describes the type of equipment to be used in the measurement,

sampling, and analyses of the ground water. Chapter H6, DATA REPORTING,

presents the manner in which the monitoring program data will be reported. Chapter

H7, QUALITY ASSURANCE PROGRAM, identifies the quality control and quality

Venion: 2 April. 1990

PGV Hydrolocic Monitorinc Procram Pace: 4

assurance procedures that will be incorporated as part of the program. Chapter H8,

REFERENCES, lists the references cited throughout the text, and in the Figures,

Tables, and Appendices. Appendices Hl through H3 contain support documentation

for the proposed program.

Hl.l BACKGROUND SUMMARY

On October 3, 1989, the County of Hawaii Planning Commission approved a

Geothermal Resource Permit (GRP) GRP 87-2 allowing PGV to proceed with

development of a geothermal energy source in the State of Hawaii. PGV will build

and operate this 25 MW geothermal energy plant on the Big Island of Hawaii, about

25 miles south of Hilo (Figure Hl-1). The project is expected to be producing power

in late 1990 from a central production facility situated in an agricultural and rural

setting about 3 miles southeast of the town of· Pahoa (Figure H1-2). The area is in the

Lower East Rift Zone (LERZ) of the Kilauea Volcanic Area, about 20 miles east of

the current eruptive center.

The site area is about 500 acres. Approximately 25 of these acres will be disturbed by

up to six drill pads, the plant site, and associated piping. Drilling will take place for

up to about two years with an anticipated 10 to 14 wells being required to produce

adequate steam and hot geothermal liquid to meet the required production capacity.

Well depths are ·expected· to be between 4000 and 7000 feet. Steam and liquid coming

to the surface will be injected back into the geothermal reservoir using dedicated wells.

There will not be any emissions, other than fugitive, to air or water under normal

operational conditions. Well venting and pipe clean out are intermittent but necessary

parts of the development of the project. These actions will be scheduled to minimize

impacts.

Venioa: 2 April, 1990

POV Hydrologic MonitorinJ Prognm Paae: s

H1.2 OBJECTIVES AND SCOPE

A Hydrologic Monitoring Program is a requirement of the GRP. The text of GRP

Condition #10 associated with the HMP is provided in Appendix Hl. The general

objective of the HMP as stated, is to:

" ... monitor the shallow ground water immediately prior to, and

during, all periods of well drilling, testing, production, and injection

activity approved under the Geothermal Resource Permit."

This objective will be met by implementing the proposed monitoring program which

is described in detail in the following sections.

The required scope of the HMP, as outlined· in Condition #10 of the GRP, requires

that the following actions be conducted as a minimum:

• Provide quarterly monitoring of water levels and appropriate

chemical species:

•

• fj__ ·->-~

,_.;;:) ;j

from existing wells completed in the shallow aquifer

in those areas downgradient of the project area,

from the Green Lake water supply, and

· from a well located within the project boundary and

completed within the shallow aquifer.

• Submit the data obtained from this program on a regular basis

as outlined in the GRP.

Venioa: 1 April. 1990

PGV Hydrolop MoniiOrinc Pzoaram Pap: 6

,·/ I,

PGV's proposed scope for the HMP consists of the following seven tasks:

Task 1:

- Task 2:

Task 3:

- Task 4:

Task 5:

Task 6:

Task 7:

Review and update, with selected field measurements,

the well data files for existing, non-geothermal wells in

the site vicinity,

Identify where the two site monitoring locations will be within

the project boundary,

Rehabilitate the GTW ill well east of the project area,

Drill and complete two on-site monitoring wells,

Document background conditions for the selected wells

by conducting the initial round of water level

measurements and water sampling at all monitoring

wells and water supply locations prior to beginning of

injection of geothermal fluids,

Continue the proposed monitoring program by

conducting measurements and selected sample

analyses on a quarterly basis thereafter, and,

Provide data reports as required.

Two other Permit conditions are, in part, related to ground water, but, since they

relate to potential upset conditions for the project, any necessary response actions go

beyond the scope of the routine HMP. They require, in the event of shallow ground

water contamination being caused by the project construction or operation (Condition

#11) or the Green Lake Water Supply becoming contaminated as a result of the

project (Condition #13), that the source of the contamination be eliminated and that

an alternative water supply for Green Lake be provided.

PGV will immediately notify the County Planning Department and the DOH in

situations when a change in geothermal well conditions indicates there is a leak or


PGV Hydroloaic Monitoring Program Page: 7

failure in the production or injection well casing. PGV will take the appropriate steps

to test the production/injection system in question and evaluate the related well and

casing downhole conditions. If leakage of geothermal waters to the shallow aquifer is

demonstrated, the well would be shut in accordance with GRP Condition #11, and an

assessment of the potential impact on the shallow aquifer would be made by the

monitoring contractor. In addition, appropriate steps would be identified to evaluate

the impact as it relates to downgradient water users.


PGV HydroloJi~ Monitorinc Propam Pace: 8

H2. HYDROLOGIC ENVIRONMENT DESCRIPTION

The purpose of this chapter is to present an overview and summary of what is known

about the geologic, hydrogeologic, and hydrochemical setting of the near surface,

shallow ground waters at the site and surrounding vicinity. Local conditions, wells, and

related features relative to the site hydrologic system are shown on Figure H2-l.

Investigations related to the geothermal development of the area have been ongoing

in the site vicinity for about 20 years. Much of the work has evaluated the geologic

setting and hydrothermal characteristics associated with the deeper reservoirs below

the shallow ground water. Details of the background studies conducted in the 1970s

and early 1980s are included in several reports developed by Thermal Power Company

(fPC), the previous operators of the PGV project. Three specific studies done which

include much of the pertinent data and information related to the hydrogeology and

hydrochemistry of the shallow aquifer system at the site include Kroopnick (1978),

Weiss Associates (1983), and Thermal Power Company (1986).

H2.1 GEOLOGIC SEITING

The purpose of this section is to present a summary of the geology that has been

described by other investigators for the site area.

The project site is in the southeastern part of the Island of Hawaii within the Lower

East Rift Zone (LERZ) of Kilauea Volcano. The area is characterized by vesicular,

young, sub-aerial basalt lava flows and high annual rainfall.

Weiss (1983, p. 4) reports the following related to the rift zone and the dike systems

that influence the areas vulcanism and geology:


POV HydroloJic Monitoriq Proaram Paae: 9

"('The rift zone) .. .is a zone of linear fissures, faults, cones, dikes and other

volcanic features that extend from the Kilauea crater east ... (to the ocean).

The basalts that originate along the rift form gently sloping layers

of several inches to more than one hundred feet thick. Along the

rift, the dikes feeding the flows form vertical walls of dense basalt,

and a structure of many closely-spaced vertical dikes results in the

near horizontal, less dense flows."

The general geologic setting is, therefore, progressively younger overlying lava flows

at depths extending from thousands of feet up to the surface, cut vertically along the

rift zone by an east-west trending dike system. In the immediate site area, a north

south trending transverse fault and potentially associated dikes cross-cut the easterly

rift zone trend and are thought to be directly linked to the upward migration path for

geothermal waters in the area (Figure H2-1):

H2.2 HYDROGEOLOGIC SEITING

The purpose of this section is to present a summary of the understanding of the

ground water flow systems active in the site and surrounding area.

The occurrence of ground water in Hawaii was summarized in general by Weiss (1983,

p. 13) based on the results of many earlier investigations by the U.S. Geological

Survey, Hawaii DOH, University of Hawaii researchers, and other local experts. They

identified four main types of ground water in Hawaii, all of which are potentially

occurring in the site and surrounding vicinity. They are basal, perched, dike-confined,

and geothermal. Figure H2-2 is a cross-section conceptually illustrating how these four

types of ground waters occur in 'shallow-aquifer' type zones.


PGV Hydrologic Monitorift& Program Pap: 10

H2.2.1 Recharge Mechanisms

The site is characterized as being in an area of relatively high recharge, with ground

water flow occurring in interlayered low to high permeability sub-horizontal lava flows.

Ground water flow in the site area has two primary and one potential secondary

recharge mechanisms. The primary mechanisms are from precipitation and from local

upwelling of geothermal fluids. Downgradient flow from Mauna Loa may also occur,

but it is unlikely that this secondary mechanism, if present, is as important to the site

area. Perched waters may occur in the area, but their existence has not been

documented.

Precipitation

Precipitation is one of the three recharge sources to the area. Average rainfall in the

area is reported to be from about 110 to 125 inches per year (Weiss, 1983, p. 5;

Kroopnick, 1978, p. 11). An estimated 73 percent of the rainfall percolates downward

to the shallow ground water table (Eyre, 1977). Recharge to the shallow ground water

system underlying the 500 acre site area would be on the order of about 3400 to 3800

acre-feet per year based on the estimated range of rainfall and the percolation

percentage provided by Eyre.

Upwelling Geothermal Fluids

The second primary mechanism for ground water recharge at the site area is from

upwelling geothermal fluids. The vertical pathways for the geothermal fluids are

believed to be frrst, in fractures and fault planes adjacent to and associated with the

dikes and, second, in areas such as the transverse fault that cuts across the site area

between KS-1 and the HGP-A geothermal research well (Figure H2-1). The upwelling

is further suggested by the characteristics of the shallow geothermal-influenced ground

water (Section H2.3) that has been detected at the site to date.

Veraion: 2 April, 1990

PGV Hydrologic MoniiOrin& Propam Pap: 11

Down&raciient Flow

A secondary mechanism for ground water recharge to the area is believed to be from

ground water flowing laterally towards the site area from the north and northwest,

down slope from Mauna Loa. The dike systems act as local barriers preventing this

underground flow from continuing to move downgradient towards the ocean. Instead,

the majority of the ground water is believed to change direction moving to both the

east and west along the rift.

H2.2.2 Discharge Mechanisms

Discharge from the shallow aquifer systems occurs from three primary mechanisms,

evaporation and evapotranspiration, subsurface migration or lateral underflow, and

extractions for drinking water and irrigation use. There are no surface streams in the

immediate area.

Evaporation and Evapotranspiration

Evaporation and evapotranspiration represent the principal consumptive use in the

area. About 25 to 30 percent of the water falling as precipitation is believe to be

consumed in this manner (Eyre, 1977).

Subsurface Mi&ration or Underflow

Flow occurs from the site area and discharges down slope towards the ocean. Spring

and sub-sea discharge of warm water along the coast south of the project area has

been investigated by researchers working in the area. Local precipitation that reaches

the shallow aquifer in the dike-controlled or basal flow areas will also move

downgradient away from the site, although the rate and direction of flow are not

documented.


POV HydroiOJic Monitorinc Propam Pace: 11

Consumptive Use

There are a few shallow aquifer sources that provide ground water for drinking and

irrigation purposes in the area in or south of the rift zone. The amount extracted at

Green Lake is on the order of 50,000 gallons per day (County of Hawaii, Water Supply

Department, 1989, written communication). Volumes for the other wells, if they are

being used, are not known.

Discharges from private lands from springs and shallow wells directly along the coast

also occur, but the quantities are not known and are not going to affect, nor be

affected by, the project activity since they are so near to the ocean and will have local

recharge from precipitation to these areas.

B2.2.3 Flow System Description

Based on the work and site data analysis done to date, the following flow dynamics

are apparently associated with the site ground water movement:

• The net rainfall (precipitation minus evaporation and

evapotranspiration) flows downward into a dike-confined flow

system underneath the site, recharging both· the shallow ground

water systems in the dike-confined areas and into any adjacent

shallow basal ground water areas.

• Geothermal waters occur at depth beneath the site and are

upwelling in the site area mixing with the precipitation recharge.

• Most ground water moving laterally down slope from Mauna Loa

does not reach the site area as it is blocked by the rift zone and

dikes. Instead, most is diverted and flows along the rift zone,

possibly to both the east and west.

Version: 1 April. 1990

PGV Hydrologic Monitorinr Profram Pare: 13

Only a few wells exist in the site and surrounding vicinity which are completed in the

shallow ground water aquifer and believed to be potentially downgradient from the

project area. Table H2-1 lists the wells currently identified as being completed in this

zone. No recent water level measurements are available for many of the wells. Their

locations are shown on Figure H2-l.

Table H2-1. Wells in the Shallow-Aquifer

Well Name/Number Elevation

132 563 259 274 287 38

Allison [A] GTW-ill GTW-IV Malama Ki [9-9] Kapoho [9-6] Kapoho Shaft [9]

Footnotes: 1. Data reported in Weisa, 1983, Table 4, p. 26.

H2.3 HYDROCHEMICAL SEITING

DeJ2th Last Re12Qrted Use

140 Irrigation 690 Abandoned 290 Abandoned 316 Abandoned 337 Abandoned 41 Municipal

The purpose of this section is to summarize what is understood about the

hydrochemistry of the shallow ground water aquifer at and in the immediate potential

downgradient directions from the site vicinity.

The LERZ is believed to act as a hydraulic barrier as well as a divide for ground

water quality. Chloride concentrations north of the rift are generally low, and

concentrations south of the rift have been reported to be greater than 1000 mg/1.

Potable water supplies are obtained from the shallow aquifer at three locations:

Pahoa, Green Lake (Kapoho), and Keauohana [9-7]. All are more than 3 miles from

the site. Pahoa is north of the rift and has good drinking water quality. Green Lake

Veni011: -1 April, 1990

PGV Hydrolop Monitorina Propam Pap: 14

is in the rift zone and has marginal water quality. The Keauohana [9-7] well is south

of the rift zone about 6 miles southwest of the site and has good water quality.

Geothermal waters have been believed to be influencing and mixing with the shallow

ground water in the site vicinity for some time. In 1986, TPC compiled much of the

background geochemical data for wells in the site area. This was done as part of their

request to the DOH to have the Underground Injection Control line moved so as to

exclude the site and surrounding area from continuing to be designated as a potential

underground supply source of drinking water. Results of their study suggested that

there was no potential for a potable water supply to be developed in the site area due

to the abundance of geothermal-influenced shallow-aquifer waters occurring over a

relatively widespread area near and downgradient from the site.

The University of Hawaii (UH) Agricultural Station at Malama Ki and the Allison

wells are located south and east southeast of the site. They have elevated

temperatures and levels of chloride in excess of 7000 and 750 mg/1, respectively

(Weiss, 1983, p. 26). Both wells may be influenced either directly or as a result of

mixing with the upwelling geothermal waters from near the site. The Malama-Ki well

is not in use. It is located just south of the transverse fault, about one mile south of

the project area. The Allison well, previously used for agriculture as an irrigation

water source, is topographically downgradient, about two miles east, southeast from the

project area.

The GTW ill ~ell just east of the project area was drilled in 1961. The initial

sampling of shallow aquifer indicated a temperature of about 2000F and chloride levels

over 500 mg/1 (Weiss, 1983).

Water samples were taken from the shallow ground water during drilling at KS-1, KS-

1A, and KS-2 exploration boreholes on the property. Samples were taken in uncased

boreholes at depths of about 700 feet, well above the level of the target geothermal

horizons. Table H2-2 summarizes the ranges of constituents for these samples. The

Venion: l April. 1990

PGV Hydrologic Monitorina Proanm Pace: 15

·-samples clearly indicate the geothermal nature of the shallow ground water in the

immediate site area.

Results of the sampling done to date indicate that the site vicinity has geothermal

influenced waters in the immediate area. Potable water lies to the north of the rift

zone and, based on the existing data, will not be affected by the upwelling of

geothermal fluids in the area. The relationship of the waters at Green Lake to the

upwelling in the site vicinity is not established, although some investigators have

suggested they are not connected or affected by the PGV site area. The area near the

Keauohana well is too distant and hydraulically lateral from the site and therefore will

not likely be affected by site-related upwelling. Potentially downgradient locations at

the Allison and Malama Ki wells have non-potable waters that may be mixed with, or

be the direct result of, geothermal waters upwelling locally.

Table H2-2. Shallow-Aquifer Water Quality Data from KS-1, KS-lA, and KS-2

Wells 1

CONSTITUENT RANGE OF VALUES 2

Temperature ll5°F pH 8.5 to 9.5 pH units Na 600 to 1000 K 26 to 94 Ca 53 to 65 Mg 1 to 30 Cl 1100 to 1600 so4 74 to 210 Si02 80 to 105 Total Fe 15 to 70 TDS 2200 to 3100

fOOTNQIES: 1 - Source of data from intemal filca from TPC Project. 1 - CollltitucDtl vaJuca other than pH reported in mgll unlcu Olherwiso shown.


PGV Hydrologic Monicorina Proaram Pap: 16

H3. PROGRAM DESCRIPTION

The purpose of this section is to outline the scope associated with the seven tasks

associated with PGV' s Hydrologic Monitoring Program.

There are no anticipated project effluent discharges to the shallow basal or dike

confined ground water. These waters are believed to occur at depths between about

500 and 650 feet below the plant site and surrounding area. There may be a few wells

in the area that provide irrigation-type water supplies. One area near the Kapoho

Crater, referred to as Green Lake, will be part of the monitoring program.

The proposed monitoring program has been revised to reflect follow-up discussions

that have occurred with both the County of Hawaii Planning Department and the State

Department of Health, Safe Drinking Water Branch. The revisions have been to:

1. Add an additional on-site monitoring location to the program so that two

monitoring locations within the project area are in place prior to

beginning of injection at the site,

2. Attempt to rehabilitate the GTW ill monitoring well location just east

of the site, thereby providing a third data point upon which to evaluate

ground water flow direction in the site vicinity, and,

3. Increase the number of parameter analyses at selected locations for the

initial year of monitoring.

The revised program now consists of seven tasks as follows:

Task 1 -Date Base Update Task 2- Locating On-Site Monitoring Wells Task 3 - GTW ill Rehabilitation Task 4- Completing On-Site Monitoring Wells Task 5 - Background Sampling Measurements Task 6 - Continuing Sampling and Measurements Task 7 - Reporting

Vcnioa: 2 April. 1990

PGV Hydrolocic: MoniiOrinc Procram Pace: 17

Details regarding each of these tasks follow. Locations, measurement and sampling

techniques, and data reporting associated with the monitoring program are described

in Chapters 4, 5 and 6, respectively.

H3.1 TASK 1 -DATA BASE UPDATE

This task will involve:

* *

*

getting permission to access the sites

review and update the well data for existing non

geothermal wells in the site vicinity (with assistance

from DOH and County staff as available).

make selected field measurements at selected

locations.

H3.2 TASK 2 - LOCATING ON-SITE MONITORING WEU..S

This task will:

*

*

evaluate the feasibility of using existing

geothermal wells on the site to be completed as

a monitoring well in the shallow aquifer,

Finalize the location of the monitoring wells

to be located within the project boundary and,

* Obtain permits from DLNR for drilling these wells.

H3.3 TASK 3 - GrW m REHABn..ITATION

This task will include:

* *

Getting permission to access the site,

Sounding the well for depth,

Venion: 2 April, l!WO

PGV Hydrolocic: MonitoriDJ Propam Page: 18

* *

Mobitizirtg a driii rlg artd cleaning out the well, and,

Sampling the well.

An alternative location for this third hydrologic monitoring point will be developed in

conjunction with the County and DOH if rehabilitation efforts are not successful.

H3.4 TASK 4 - COMPLETING ON-siTE MONITORING WELLS

This task will include completing two on-site monitoring wells. If one of the

locations involves use of an existing well, then the scope of this task will

include those related actions.

H3.5 TASK 5 -BACKGROUND SAMPLING MEASUREMENTS

This task will include documenting background conditions for all selected

wells by conducting an initial round of complete water level measurements

and water sampling at all monitoring locations prior to beginning of

injection of geothermal fluids.

H3.6 TASK 6 - CONTINUING SAMPLING AND MEASUREMENTS

This task will include implementation of the proposed monitoring program

by continuing measurements and sampling on a quarterly basis after start of

injection.

H3. 7 TASK 7 - REPORTING

This task will involve providing reports on a semi-annual basis as required

by the GRP.

Venioa: 1 April. 1990

PGV Hydrologic Moni10rin1 Program Pap: 19

H4. SITE DESCRIPTIONS

The purpose of this section is to describe the setting of locations associated with the

proposed monitoring program.

The locations for the monitoring of ground water conditions are to be finaJized based

on the results of the initial task activities. At this time, however, there are five known

off-site locations, at a minimum, that would be measured and sample analyses

obtained, at least for the first year of monitoring. In addition, two on-site monitoring

wells will be sampled prior to start of injection. Other locations may be included as

a result of the update of the data base for the area.

H4.1 EXISTING OFF-SITE LOCATIONS

There are five of-site locations that will be part of the initial annual monitoring

program. These, shown on Figure H2-1, are at the:

• Municipal supply in Pahoa [9-5A,B; 9-11],

• Municipal supply for Green Lake (Kapoho area),

• 'Allison' [A] well on the Pohoiki Road, and

• Unused Malama Ki [9-9] well on the University of Hawaii

Agricultural Station, and

• GTW ill Monitoring Well

P AHQA [9-SA.B: 9-111

The town of Pahoa is served by three wells which tap the basal ground water at depths

of up to about 800 feet below the surface. The supply is low-temperature, low

conductivity fresh water in a location about 3 to 4 miles upgradient from the site, north

of the rift zone.


PGV Hydrolopc Monitorial Proaram Paae: lO

One of the wells at Pahoa is a proposed monitoring location since it will serve as a

source for documenting levels of constituents in non-geothermal ground waters.

Coordination with the Hawaii County Department of Water Supply will be maintained

so as to supplement, where required, their ongoing monitoring of this public drinking

water supply.

GREEN LAKE [9]

This is a municipal water supply that County Officials report comes from a thin layer

of fresh ground water overlying brackish or salty water. The supply was developed by

excavation to the water level with a bulldozer, installation of piping and refilling the

hole, leaving a piping conduit for the water to flow from the source.

The location is included since quarterly monitoring of the Green Lake water supply

is a condition of Condition 10 of the GRP. Coordination with the Hawaii County

Department of Water Supply will be maintained so as to supplement, where required,

their ongoing monitoring of this public drinking water supply.

ALLISON WELL [Al

The 'Allison' well is a private well that has been used in the past for irrigation. Its

current use has not been checked yet. It is located just off the Pohoiki Road about

three miles east southeast of the site. Weiss (1983, p.26) reports the well is about

140 feet deep and has a reported temperature of about ll0°F, chloride level of about

750 mg/1, and ~nductivity of about 2000 micromhos/cm.

The location was selected as a proposed monitoring location since it may be

hydrogeologically downgradient from the site and in an area that is already influenced

by geothermal waters. Permission to access the site has been requested. To date, no

approval has been granted. When obtained, coordination with the current owner will

be maintained so as to supplement, where required, any ongoing monitoring that the

owner may be doing for this well.


PGV Hydrologic: Monitorinc Proaram Pap: 21

MALAMA KI [9-91

The University of Hawaii maintains an Agricultural Research Station in the Malama

Ki Research Forest Area just south of the site. A well, located at a ground elevation

of about 274 feet, was drilled to a depth of about 316 feet on this property in the early

1960s (Weiss, 1983, p.26). It was not used, perhaps because of its elevated

temperature of about 140°F and its chloride levels over about 6000 mg/1. Sampling

was done monthly at this location from January 1980 until June, 1981 as part of

background studies of ground water in the area (W. Burkhard, personal

communication, December, 1989).

The location was selected as a proposed monitoring location since it appears to be

potentially downgradient from the site and in an area that is already influenced by

geothermal waters. PGV has contacted the University of Hawaii and obtained

permission to sample this well. Coordination with the University of Hawaii

Agriculture Department will be maintained so as to supplement any ongoing

monitoring that they may be conducting.

GIW ill MONITORING WELL

This well is currently abandoned and a blockage exists in the well at a depth of about

270 feet below ground surface. The well was drilled as one of four geothermal test

wells along the LERZ in 1960 and 1961. It was originally completed to a depth of

about 690 feet, about 130 feet below sea level. As noted in Section H2.3, initial

sampling done epcountered high temperatures of about 200"F and chloride levels over

500 mg/1 (Weiss, 1983).

PGV has obtained permission to access the property and clean out the well. A driller

has been contracted and should begin work in mid-April. Cleanout is expected to take

about one week. PGV will maintain access and sample and measure the well as part

of the ongoing Hydrologic Monitoring Program.


POV HydroloJic Monitorial Plopm Pap: 22

H4.2 ON-siTE LOCATIONS

Two monitoring locations will be situated in the south and north half of the project

area. This will complement the GTW ill location and allow a ground water flow

direction to be calculated in the immediate site vicinity. The location in the south part

will be as close to the injection site (Wellpad F) as possible. The location in the north

part will be near Wellpad A if an existing well is used, or towards the Kapoho-Pahoa

Road if a new monitoring well is drilled.

Once the locations are finalized, applications will be submitted, the required permits

obtained, and the wells will be drilled, completed, and sampled. The wells will serve

as dedicated monitoring wells for the hydrologic monitoring program.

H4.3 ADDmONAL LOCATIONS

Any other locations identified beyond those described above in Section H4.1 will be

added to the monitoring plan and described, along with the rationale for their being

included.


PGV HydroloJic Monitorin1 Pro1nm Page: 23

HS. MONITORING EQUIPMENT AND OPERATION

The purpose of this section is to summarize the types of equipment and techniques

used to perfonn the field-related measurements and sampling activities of the

monitoring program.

HS.l WATER LEVEL MEASUREMENTS

Water level measurements will be recorded for those wells identified as an integral

p~ of the monitoring program.

Water level measurements will be obtained utilizing an electronic direct contact

detection probe with a calibrated cable/tape for direct measurement at the top of the

well casing. Calibrated cable/tape length shall be sufficient to measure water levels

in the deepest wells identified. The metering device shall be equipped with an audible

signal and light to indicate water level contact. Specifications for equipment similar

to what will be used for this type of activity are in Appendix H2.

Water level measurements shall be conducted at each individual well prior to any

additional testing or sampling of that particular well. All measurements will be

obtained utilizing standard protocols for the equipment described in a separate

'Operating Procedures' document to be finalized as the program is implemented in the

field.

H5.2 WATER QUALITY SAMPLING AND ANALYSIS

Water samples will be obtained from each of the wells identified for determination

of selected physical and chemical characteristics of the waters from those wells to

which access can be readily obtained.

VcraiOD: l April. 1990

PGV Hydrololic Monitoriq Propm Pap: 24

Samples will be obtained from each well according to the characteristics of that well.

Wells equipped with pumps will be sampled from the most suitable ported connection.

Those wells not in use or not equipped with pumping devices shall be sampled with a

stainless steel bailer lowered into the well by winch line to retrieve the volume of

water required for each sample.

At each sampling location, standardized equipment cleaning will be carried out prior

to obtaining each sample. Protocols to be used for sampling will be provided in the

supplemental 'Operating Procedures' document to be finalized when the program is

implemented.

Selected parameters values will be determined at each site upon retrieval of the water

samples from the well. The field analysis will include measurement of:

• pH,

• temperature,

• conductivity,

• salinity, and

• chloride .

These measurements will be obtained by using calibrated instruments specifically

designed to directly measure these physical and chemical parameters within the

operational constraints dictated by site conditions. Specifications for equipment similar

to what will be used for. this type of activity are in Appendix H2.

Water samples will be submitted for the remainder of the analyses to an EPA or a

State-certified laboratory. Samples will be transferred from the bailer/sample port

directly to appropriately prepared containers supplied by the laboratory. Samples will

be labeled, and stored and transported in a chilled state in insulated containers to the

laboratory.


PGV Hydrologic MoaiiOrilll Propam Page: 15

Parameters for analysis by the laboratory will, at least for the first year, include

selected parameters that are related to underground waters that provide a public

drinking water supply. These parameters are listed in Table HS-1.

In addition, the initial ye:JI of sampling at all monitoring locations will include, as

requested by the DOH, analyses for other organics and other parameters

recommended by DOH. These are listed in Appendix H3. After the first ye:JI,

sampling will not include all of these parameters since there are no sources for many

of these constituents associated with the project.

In addition, analysis will be done for the following five constituents which can be

associated with geothermal reservoirs:

* Lithium

* Vanadium

* Boron

* Silica

* Bromine

* Nickel

The results of the quarterly sampling will be reviewed at the end of the first ye:JI to

determine if there is a need to supplement the analysis or if the number of parameters

can be reduced. Any recommendations for modification to the sampling program

would be incl~ded with the semiannual report and submitted to the county for

approval.


PGV Hydrologic Monilorinc Program Page: ~

Table H5-l. List of Water Sample Parameters for Routine Analyses

Inorganic Constituents Arsenic Selenium Mercury Cadmium Lead Chromium Barium Silver

Secondazy Constituents Total Dissolved Solids Color

- Copper Foaming Agent Iron Manganese Odor Sulfate Zinc pH Corrosivity

Other Constituents Lithium Vanadium Boron Silica Bromine Nickel

Drinking Water Maximum Contaminant

Levels

0.05 0.01 0.002 0.010 0.05 0.05 1.0 0.05

500.0 15. color unit 1.00 0.50 0.30 0.05 3.00 ton

250.00 5.00 6.50 - 8.5 scale

Non-corrosive

Vcmon: l April, 1990

PGV Hydrologic MoniiOrinr Prorram Page: 27

H6. DATA REPORTING

The purpose of this section is to summarize the frequency, content, and format for

the hydrologic monitoring program data.

H6.1 FREQUENCY AND CONrENT

In compliance with permit conditions, semi-annual reports of the data will be

submitted thereafter, along with the project status reports on February 15 and August

15 of each calendar year. The initial submittal will include information regarding all

well locations, and as-built diagrams relative to GTW m and the on-site monitoring

locations.

Subsequent reports will be in letter format and will include activities conducted during

that period, laboratory results of sampling conducted, and recommendations as

required.

H6.2 FORMAT

Reporting format will incorporate standard forms and reporting protocols established

for similar environmental compliance monitoring programs. The forms and protocols

may be modifie(i to reflect the project specific conditions.


PGV Hydrologic Monitoring Propm Page: 28

H7. QUALITY ASSURANCE PROGRAM

In any program that requires a substantial data base, the credibility of the data must

be assured before any derivations from it can be reasonably made. In monitoring

programs, the two types of activities necessary to assure the validity of the collected

data are Quality Control (QC) and Quality Assurance (QA). Quality Control activities

are the primary avenue by which the data are kept within prescribed control

conditions. The field QC activities are carried out by the site technician while in

house QC activities are performed by experienced personnel involved with the data

reduction and analyses. Quality Assurance activities ensure that each QC activity is

performed and documented completely and accurately. A control loop is thereby

formed such that if a QA check indicates that an out-of-control condition has been

allowed to occur, then the related QC activity will be modified or strengthened to

eliminate future occurrences.

All activities of the PGV hydrologic monitoring program will be conducted in

compliance with a strong and effective quality assurance program. This program will

be managed in accordance with other similar environmental compliance monitoring

projects to a standard similar to that expected by the EPA. Details of the QC/QA

plan established for this project's hydrologic monitoring program will be submitted as

a supplement after details of proposed sampling and measurement activities have been

finalized.

Quality assurance also plays a key role in data reduction and analysis and will be

performed on a regular basis by a trained professional hydrogeologist. Activities of

the Quality Assurance program are designed to ensure overall accountability,

traceability, and repeatability.


PGV HydroiOJic Monirorinr Prorram Pace: 2.9

ID.l QUALITY CONTROL ACTIVITIES

All equipment will be calibrated prior to use at the site in accordance with

manufacturers' specifications. Program technicians will be fully trained in the use of

field equipment and performance of field measurement and sampling actions.

Quality Control activities shall incorporate the use of the Standard Operating

Procedures (SOPs) for well measurement, sampling, and equipment cleaning developed

from U.S. EPA Sampling Protocols. These will be included in the supplemental

'Operating Procedures' document.

Calibration and use of equipment shall be conducted in accordance with Standard

Operating Procedures developed for each type of equipment and the manufacturer's

recommendation for operation and calibration of each unit.

H7.2 DATA QUAliTY ASSURANCE ACTIVITIES

Quality Assurance related to all project measuring and sampling activities will include

documenting that field activities were conducted in accordance with the required

procedures and recording all field data on forms in accordance with the monitoring

contractors standard internal Quality Assurance program.

Quality Assurance related to water sampling shall also include the use of blind

duplicates, field blanks, and trip blanks as required to assure environmental control

and external laboratory quality assurance.

Data will be reported by the hydrologic consultant, and interpretations and calculations

will be checked independently.


PGV HydroloJic MoniiOrinl Propam Paae: 30

--117.3 LABORATORY QUALITY ASSURANCE AC'I1VITIES

The laboratory selected for analysis of the samples generated during this monitoring

program shall be certified by the EPA or the State of Hawaii Department of Health

to conduct those analyses required in this investigation.

Laboratory Quality Assurance is the responsibility of the laboratory. However, the

laboratory may be requested to provide documentation of its QA procedures for any

of the required analyses at any time.

In addition, blind duplicates and field blanks shall be included in each quarterly

sampling for a to determine if the test results are reproducible. If required, duplicate

samples may be analyzed by a second independent laboratory for reproducibility of

results.

Duplicate samples will be provided to DOH for their independent analysis, upon

request.


PGV Hydrologic MoniiOrinJ ProJram Page: 31

H8.REFERENCES

Eyre, P .E., 1977. A hydro&eolo&ic study of an area around the Hawaii &eothermal

project well BGP-A. unpublished.

Kroopnick, P.M., R.W. Buddemeier, and D. Thomas, 1978. Hydroloey and

Geochemistty of a Hawaii Geothermal System: BGP-A. prepared for National

Science Foundation Grant GI-38319, Hawaii Institute of Geophysics, Honolulu,

Hawaii, 64 p.

Thermal Power Company, 1986. Petition to Modify tbe UIC Line in the Lower East

Rift Zone. Puna. Hawaii. Internal report submitted to Hawaii State Department of

Health.

Weiss Associates, 1983. Hydroloey of tbe Puna Area. Hawaii. Unpublished Report

for Thermal Power Company, San Francisco,· CA.


PGV Hydroloai~: Monitorin& Propam Page: 3l

FIGURES

NORTHKONA

SCALE: Cl I 10 11 211 Ml

ISLAND OF HAW AU.

SOUAa:: Stase of Hawd. Cepar1ment of Planning anct ECanomic O..elopment. STATJS'TlCAL BOUNCAAIES A-15. 1980:14-

Figure Hl-1. Key Location Map


PGV Hydrologic Monitoring Program Page: 33

... i·. t ...

...

SCALE . CONTOUR INTERVAL20 FEET

i;.S;;;;;;;;;;;;;;;;;;;;ioi!!!!!!I!!!!I!!!!I!!!!I!!!!!!!!!!!!!Bt M I

1000 0 2000 6000Fi ~·-

.... ..... _

. . ... •·.

. .

Figure Hl-2. Site Vicinity Map

,. .


PGV Hydrolo&ic MonitoriiiJ Pro&ram Pa&e: .34

0

·-WII.L e-WII.L • .,.,_MOUII

SCALE z ..

PACIFIC OCEAN

Figure H2-1. Site Hydrologic Data Sources and Related Features


PGV Hydrologic Monitoring Progrsm Pap: 35

::n (Jq c::. (i

f9 t!l . ~ Secllon dro .. n to mlu uldero

0 to~f-----Untr ode d 1 I o I e --------~.,.~1~--- ----Eroded alole---------• .... 1

1-t)

Cl a c:: ::s 0.

~ ~ ~ 0 0 0

FRESII c:: ::t ~ ::s 0 ~

~ (after Co11, I9~4J

0.

~ tj

~ S!..

~ .g c. i 3 0 ~

"" ::s c;· ... ~ ~·

§· ::s :I. ~ ti1

ii~l· ~ .. ,2:D S: ... ~

~981-l

PUNA GEOTHERMAL VENTURE HYDROLOGIC MONITdRING PROGRAM

APPENDIX Hl

GRP CONDmONS RELATIVE TO THE HYDROLOGIC MONITORING PROGRAM


APPENDIX Hl

GRP CONDffiONS RELATIVE TO THE HYDROLOGIC MONITORING PROGRAM

"10. Prior to commencing any geothermal well drilling, testing, production, or injection activity approved under this Geothermal Resource Permit, the permittee shall submit to, and secure the approval of, the Planning Director of a hydrologic monitoring program. The program shall, at a minimum, provide for the quarterly monitoring of water levels and appropriate chemical species from existing wells completed within the shallow aquifer in those areas downgradient of the project area, including the Green Lake water supply, as well as from a well located within the project boundary and completed within the shallow aquifer. The monitoring, sampling, and analysis protocols shall be clearly defined in the program submitted to and approved by the Planning Director. The monitoring and sampling shall be conducted by a qualified contractor, and the samples analyzed by a qualified laboratory, selected by the permittee but subject to the approval of the Planning Director. The selected contractor and laboratory shall operate under contract to, and shall be funded by the permittee. The program shall monitor the shallow groundwater immediately prior to, and during, all periods of well drilling, testing, production, and injection activity approved under this Geothermal Resource Permit. The data obtained shall be submitted to the Planning Director in accordance with the requirements contained in this Geothermal Resource Permit for submittal of all collected environmental monitoring data. The County shall make random checks of the ground water supply no less than every two months."


APPENDIX H2

EXAMPLE EQUIPMENT SPECIFICATIONS

EI

Solinst Water Level Meter

Flat Tape Water Level Meter

For measuring the depth of water in boreholes, standpipes and wells, the Flat Tape Water Level Meter (dipmeter) Is the most reliable and accurate of the Solinst Water Level Meters and is easy to operate and read. Also available is the Model #1 02 Coaxial Cable Water Level Meter for use in applications with small size tubes.

Operating Principle

The standard Flat Tape Water Level Meter(dipmeter) uses a 0.59" ( 15mm) diameter probe constructed of nickel plated brass. This is fitted to a permanently marked, medium density, polyethylene flat tape which contains two stranded stainless steel conductors. The probe itself incorporates an insulating gap around a central stainless steel electrode. When contact is made with water, the circuit is completed, sending a signal back to the cable drum where a clearly audible buzzer Is activated. The water level can then be determined by taking a reading off the cable, at the top of the borehole, pipe or tube. The cable is housed on a high quality storage and winding reel equipped with a brake. The reel has a convenient carrying handle and a sturdy stand· alone design. Standard controls in· elude a battery test button, on/off switch and sensitivity adjustment.

(800) 648·9355

MODEL 101

Features

Accurate markings at em, 1/2" or 1120" intervals. sensitivity control which adjusts to suit water conductivity.

Reliable permanent, hot stamped markings.

Long Life rugged, free standing reel. corrosion proof components. standard 9v battery.

. replacement probes and cables available.

Aexible lengths up to 1650 ft. (500m). stainless steel probe and other options available

e ')\

~\ '2. ,,,

@ ,, \

e ' . ~, ... \

\

Measurement Options

The flexible, polyethylene flat tape gives very accurate readings because the permanent mar1<lngs are at close intervals. The high strength stainless steel conductors provide strength and the design prevents it from adhering to wet surfaces in boreholes and tubes. Markings are permanently embossed onto one side of the tape and are available in your choice of three scales or, if preferred, any combination of scales. one on each side •

M1 Feet and Inches: with markings every 1/2" M2 Feet and 1 Oths of feet : with markings every 1/20ft. M3 Meters and centimeters : with markings every em. M4 Markings both sides : any combi· nation of scales.

• 20.

Conductivity Meters S-C-T Meter YSI Model33

• ~-teasures Salinity, Conducrhity, Temperature • Direct Reading Warer Qualiry :\-1eter • Portabl~. Battery-Powered • Designed For Field Measurements

INSTRUMENT SPECIFICATIONS t:unduni•ily Ran11n:

tJ In 5<J.C)lk) Ja.llllk•"'"ru 1u rhh:l: ro~nt;(' l<~o~J.ahlltl~ ;c; ''' ....... h:. Crrur l~'s. ahan : )t.l dt rcou.hnv 'plu~ Jlh•H'-"1·

Sallnily Rang~: (._,JU PPT (run' • ~ h' • .t; C. r,·~Jo~h•lll~ H ~ f'l'T. E1Tnr .;tlu..-..: .l~C ~~~ th:.n

~ 1.1 PPT •• -llli'I'T. • 11 7 l'l'r •• ~~~ I'I'T. ~iu• pruto.:. Temperature Ran11e:

-~h) +-SU"'C.rli:."J~b•lu~IJ l~"'('ltntn -~hi'" \7"C t:lt,,r .:.tl I'"Co~l-2-c'.

:: ll.II'C •t ~s··c. Jllu> l""i"' 1110 or 600 Hz Upcn&iun:

IOl) H.t •. \)(sun J,A.IUilU I Jilt;.:. ttpllun.sf ~ .... tfll,tr lu~h~r .:LJnJUt.:IIYilY and ~tinily

t:lftl""· Ambient T~m~ralur~:

Opo:r41C) frum • ~ 1u , .1 ~ ·l· ~'-•. Jnn 11 1 'I "' r~••hn~ po:r '(' •h~n~c in •mb&cnl. N~~~~~•bl~ ~1111 11 r<oJ hnc •• •oJJu'I~J

Probe:

Jnrcv;nal ~CJrKJU..:ll\'ll)'lh."IIIJ~fjfUt~ JWUik:' t»l Jut..,bl~ pl .. ~ll'." J•·~'"·l.ii.a. l 2• ""'' tl' 5 ~a:m). 4.:uns.t;anl ul lrt;. - ~ ! U.l ,,.-m 1 t:nur h:~) ah-.n .: ~'.l u( rca~in,il"ot ... linlly •ll<l•uno.iu.;U>II~. ·.II I''C fur ·~·npo:r•tur~ n..: •• urcm.:nl•l u•c. : 0.3"C ~t -IO"C. Prubo: cl~"'""" '"" b.: r~pl.unllco.l hy u.on~ lhe •n•uumc:nl plut platiftlllftJ "''lultun

Power Supply: Two Evcre:Wy i:9S hoach:u...::o. ur C:4UI\'.tlcnl pru ... •,Jc 2Uu htNh ,,p.:roaliun.

ln•trumcnt Size: 'I • 16 • ~S .:m; ~ ~~ '-'', , M': , ltl•n . .1 11" 1

Orderinc l'-4rt Number.: YSI Mu.J.:I 1.1 S-~· l !\1"'"' YSI Hill S·CT l'r.~-.:. Ito" k;..J 1.hu1

YSIJJII S·L'·T l'rnh.:. :\If "-'•ol &IS"'' h• ""'I'~• '-••'' 1u lUI". pl.o.:~ ~n "'X"" •iacr ptt""' numto.:r .noJ ·I''''''~ 1<n~111 l'r.ollo:• ~.r • ., '""~"' •upplt~ol w11h ''UI'afC re.:l. fur lc:ou.h "'"".' 1111'. (•tlll.k.l f.a"luay

YSI .\1.&0 ~I.IURI/IIIt! ~ .. hall'"'· 1 ,,, YSI.SK'«Il'•rry•n> t" •.• ,

(800) 648-9355

T-L-C Meter YSI Model 3000

• Portable, Self-Contained Water Quality Meter

• Measure Temperature, Level, Conductivity

• Groundwater or Surface Water

INSTRUMENT SPECIFICATIONS Temperature:

Rtulf': -S.O 10 +SO.O"C. A.ccurU<"J: ::0.3"C includinc probe. R'sollllion: O.I"C.

LeYCI: Rtu~t': 0 lo ISO ft. AUurtM:'J: :I" per SO' of cable.

Coaduc:dYIIy: NumiNU Ronr': 0 10 2.000 mlllimhoslc:m (0 10 2.000 .. mhos/em). 0 10 ~0.000 mlllimhoslcm tO to 20,000 ~cml. Accurue)·: :: 3"" of full scale includanc prubc. R'solutiM: I paR in 2.000.

Temperatu....CO........., Coadlldlvily: NOifiUrDI Rllltf': 010 2.000 millimhOIIcm tO 111 2,000 ,.mla/cm). 0 to 20.000 millimhOIIcm 10 10 20,000 tunboslcml. A«urtM:'J: : 4"" of fuU scale includinc JI'Ube• R'sulllliDtt: I paR iD 2,000. NtH,: Ran¥C acNally ends a& 1.999 or 19.99.

ProbeaadCable: Probe has CPVC body and remov1blc slainlcss 51ccl wei&hl 111.1ehed 10 dunble polyurcthanc-jact.ctedcablc. Prabc has I" nominal diameter, 4-V•"Icnp. Ciblc is I .SO' lone wiLh depth matkines every I r;a WIICNi&hl MS conncctor III.IChcS cable 10 insiiiiiiiCIII. Cell COIISWil is K • S.Oicm : 0.1. Enw leu IIWI :: ~':4. uf rudincs foe conduo.:uvicy, ::O.I"C for tcmperiNn:.

Ambletlt T-pcralun: 0"' .so-c.

HullllidllJI Operates under uy humidity condition if seals an: iiiiiCI and desiccant 11 1n piiCC.

Case: WIICr·li&blto MIL·T·lBIOOC: wei&bs U puunols.

Power SuppiJI Sia "'C" .ilC heavy-duty carboa-zinc butcncs provide bct1cr tlwl I 200 houn llpCnliun ~ 1111 4 huun usc per .Jay. Altalanc cells provide bcnes Lhlll 17•10 lluuiS. Luw·bulefY &noiinlor w~m~ when 111 replace bancncs.

Orclcrlac hn Nu..a..n: YSt Moolcl 30UO T·L.C MCICt YSI ~ Tcaa Probe ttats calibrallllftl YSI )U~ RcpllcemcM Probe, Cable and Reel Assembly YSI )loiO l'llllftl£1111 Sulut-. 211Z. I foe probe --nancc1 YSI JCMS PliiiiAI£1111 lnanmcactfur pnlbc nwaaciiiiiCcl

-22-

Tile SA 250 '""•' •s •uppt<eO wiUt • beSt·ptll~,,mn9 ROSS. Combul<itiOfl . .,,,.,.,H ~·OOOy prl

elttcrtode ~no .arc ,.>to be lor

t•st. KCulll~ uti . . -10 maner what file knl£,11.: iciHO!il~fute.

The SA 230 M~'•' ,s $/IOwn ""'n 1 conven.enl tJ.;i..J~tr tl1•t 11 .a lllll'llr s~nd tot "•' sutfoces •no IWI • nee• 51t•;J tor hands-tree

80111111• SA ZJ\1 .md SA 210 Afelen II•"• ~ .. ,,,. ! I. 999 m 'i range lor ee:ou,.muCJI :t!oJOJ

potenl••l "•'"''"''."'''~,

(800) 648-9355

pH Autocal. or manual buHer entry. Cho1ce ot arsplay resolutiOn. Adtustabte 1sopotenuat 001nt. Automatic temperature compensation. ilo shp· gnp f•ts comlonabty in one hand.

Durabla. dust and sp1as11 resrsta111. Lu1e or banery operated.

SIMPLE TO USE

Prompung. by advancrng to next step. .:.ss1stance (error) codes.

THE SA 250 METER IS FOR THE CUSTOMER WHO WANTS:

.:.n accurate and portable pH system. ;. pH meter that 1S supphea complete and ready to use. w1th all the accessones you :•eed to make pH measurements 1n the :.ela or lab. ·

,lutomatiC temperature compensatron. -~~o shp· gnp !Its comfortably ,none hand. Durable. dust and splasn res1stant. Racessed control knobs prevent settings !rom ben1g changed unintentionally. Lu1e or battery operatea

THE SA 230 METER IS FOR THE CUSTOMER WHO WANTS:

An econom1ca1 meter with the added accuracy and convenrence of temperature compensated pH measurements

Same features as the SA 230. but wrthout automatiC temperature compensauon or temperature readout. w1th manual temper· ature compensatron.

SA 250 Portable pH/mV /temperature Meter lor haM·het<llbench·top use. Oigual. LCD meter comes wuh carryrng case. Modet 81·56 ROSS pH electrode. ATC prooe. anacneo snonmg plug. one 3M KCI 2 oz. bottle of hlling soluuon. three 60 ml soluuon bottles. one piastre beaker. etecuooe notoer. support roll. roo gurCle. one packet pH 7 DuHer. one 9V cattery, rnstruclion manual. anCltrarnrng gur!le .

OPTIONAL ACCE550Rt£5 FOR SA 250. SA 230. AND S..l 210 MEW~$

020041 Shourder strao and meter notCler for nanos·:ree operatron. Great for plant or heto work

020045 Stable electrode stand wrth heavy base. roo. anCl hOlder.

SA 230 Portable pHlmV /temperature Meter lor nana-heldlbencn-too use. Orgllal. LCD meter comes rn carryrng case wrtn comoinatron pH electrode. ATC probe. anacne!l snorting plug. three 60 ml solutron ootlles. one 150 ml beaker. elt:elrooe notoer. suppon roo. roo gurCle. one packet pH 7 burfer. one 9V oanerv. 1nstruct10n lflanuat . .;no trarnrng guroe.

SA 210 Ponable pH/mV Meter for hanCl·heiO/bencn-tpp use. DI(Jnat. LCD meter comes 111 tartylflg case w1th combinatton pH etecuooe. anacheCl snortmg plug, three 60 ml sofutron bOttles. one 150 m1 beaker. etectrooe hOlder. SUOPOn rod. roo guide. one packet pH 7 buller one 9V battery. mstructron manual. ana trarn•ng guide

-24-

EI

. 31-

Regular Bailers llVC Teflon@Stainless St(~el

, ... ·.

0 !

Regular Bailers for Well Purging and Sample Retrieval

TIMCO'w bailers are available in Teflon··. stainless steel, PVC and acrylic in sizes from 0.84" to 4.5" (21.4mm-114.3mm) diameter and 1' to 6' (31cm-183cm) lengths.

I

All are solvent free. and have a flush "V" threaded ball check for ease of decontamination. This design permits the addition of a body extension piece to increase capdt.ity.

The ball check design allows for the inclusion of a Viton' "0" ring in all but the Teflon· opaque model. The Viton' "0" ring provides a leak free joint. It is inert and wrll not compromise the collected sample.

The bail. an integral part of the bailer body, permits easy attachment of a suspension cord. Stainless steel models have a fixed bail .

(800) 648-9355


APPENDIX H3

LIST OF ANALYSES FOR FIRST YEAR SAMPLING PROGRAM

Department of Health Labo41jories Form N~er ----------------------

SAFE DRINKING WATER BRANCH CHAIN OF CUSTODY & EDB/DBCP CONTAMINANT REPORT

Water System Name _________ .Number __ _

Sample Location ______________________________ __

Well Log // ____ -_ Sample Point II

Type of sample: Routine __ Special _____________ _

Collection remarks --------------------------Sample Chlorinated Y_. N_. ?

Sampler(s) ------------ -----------

Date: ------------------ Time: ________________ _ Sample Location

Relinquished by: Date/Time Received by: Date/Time

Dispatched by: Date/Time Rec'vd for Laboratory by: Date/Time

Method of Shioment: Seal Intact: Yes . Sample Lab II Relinquished by: Date/Time Received by: Date/Time

Sample Lab II Locked in Refrig Date/Time Rem'vd from Refrig Date/Time

Regulated Compound ND NQ RESULT* Method Date Analyst Lab II

Ethvlene Dibromide < . < • A B C D 1 2-Dibromo-3-Chloropropane < • < . ABC D

* Measured in micrograms per liter (ug/1) unless otherwise specified.

Methods: A=Purge Trap B=GC C=GCMS

Sample Preservation:

HCL (Circle) Y N

D=Other ________ _

Dechlorination: appx 3 mg Na2S203

Reported by: Date: QA Check: Date: ------- ----- ------- -----Forwarded by: __________________________________________ Date: ____ _

1/90

t- maximum lab analytical date (/) contaminants contaminant UJ results* method analyzed t- levels*

Arsenic 0.05

Selenium 0.01

Mercury 0.002

Cadmium 0.010

Lead 0.0.5

Chromium 0.0.5

Barium 1.

Silver 0.0.5

Nitrate {as N) 10.

Fluoride

Chloride· 2.50. Total .500. - -Dissolved Solids .

-~ r--

Sodium

*Measured in ~illigrams per ~iter {mg/1) unless otherwise specifie~. Analvti~AI Met~

A - Atomic Ab.or'ptio"\ 8 - Atomic Allsorptio-:; Clle!atiCY.t•estrAction C • Atomic Absorptio:~; Flameless 0 - Atomic Absorptior.; Flameleu Graphite Furnace E - Atomic A!lsorptio"l Cueous F - Ca~mium ReC:uction G - CIIIOrimelriC wi;.'\ preliminary distillation

H - ElectroC:e I - Cas Cllromato&ral)hy J - Cravime:ric Analysis K - Silver Oiethyl-dithioc.>tllonate t. - Ti~rimetric Analysis

~' ---------N ·---------

lab analyst number

I.

No. of Containers: ------------------ Preservative Added (ml) Signature Date Lab. No.

Container: No. 1 Metals

No.2

No.3

No.4

Hg

N03

TDS/CL/F

-----

------------- ------- - -----Reported by: Date: QA Check: Date: ------------------- --------- ---- ----------Forwarded by:. _________________________ Date:. ______ _

CONTA11INA.~T MCL*I lab !analytical date analyst lab results* method analyzed nu.'ilber

Trihalomethanes 0.10 I

."A,. 3 c D I

CHLOROFOR.'1 I A :a c D

BRO!-!OFOR.'1 .1;. 3 c D

CHLOROD! :SR0:10MET'HA .. '\E I .1;. 3 c D

DICBLOR03RC:-10~!B.A!~E "· 3 c D .~

A 3 c D

.1;. 3 c D I I ... 3 c D . ~

."A. 3 c D

I ... 3 c D n

.1;. 3' c D I

.1;. 3 c D

I ."A,. 3 c D

."A,. 3 c D

.!1. B c D I *11easured in miligrarns per liter (mg/1) unless otherwise specified.

Methods: A=Purge Trap 3=GC C=GCMS

Sample ?reservation:

BCL (circle) y N

D=Other --------------------

~eported by: _______________ Date: ______ ___

Dechlorination: appx 3mg Na,s.,o3 added to sa..f'!'.p!e

y N

QA Check: ........... _______ Date: ______ ____

Forwarded by: ...................................................................... --------------------------------____,Date: __________ __

1- maximum lab analytical date lab contaminants contaminant analyst (I')

~esults* method analyzed number UJ levels* 1-

Endrin 0.0002

Lindane O.OOl/.

Methoxychlor 0.1 I ..

Toxaphene· o.oos·

2, ll-- D 0.1 1 2. 4. 5 -T? Silve~ 0.01 ..

Total .10 I T rihalomethanes

.. . .

... . . .

. . .•

. . . .

.

*Measured. in milligrams per liter (mg/1) unless otherwise specified.

Analytical Method: . . G - Colorimetric with. preliminary distillation H - Electrode i - Gas Chromatography J - Gravimetric Analysis

K - Silver Diethyl-dithiocarbonate L - Tltrimetric Analysis M Purge an~ Trap N

Reported by:;...··--------- Date:;__. ___ QA Check: ___ Date: _____ _

.Fonw~rdedb~~---------------------------Dat~-------

- ( \"1 f

Regul:H.ed Compound fv ND ~Q RESULT* e.

Metn(.'ld Date Analyst Lab II

Vinvl Chlot·ide 2 <0.3 I <1.0 A B c D 1 1-Dichlcroethvler.e ... <0.3 I <1.0 A B c D I

1,1.1-Trichloroethane 200 <0.3 <1.0 A B c D Carbon Tetrachloride 5 <0.3 <0.5 A 3 c D Benzene 5 <0.3 <1.0 A B c D 1 2-Dichloroethane 5 <0.3 <1.0 A B c D Trichloroethvlene 5 <0.3 <0.5 A B c D o-Dichlorobenzene i5 <0.3 <1.0 A B c D

I

Unregulated Compound

1. Chl~rc:net.hane <0.3 <1. 0 A B c D 2. 3rooo!:'lethane <0.3 <1.0 A B c D 3. Chloroethane <0.3 <1.0 A B c D I !1eth\'lene Chloride <0.2 <0.6 I A 3 ... D '"'· I..

5. trans-1,2-Dichloroethene <0.3 <1.0 A 3 c D 6. 1.1-Dichloroethane <0.3 <1.0 • B c D I .... i. 2.2-Dichloroorooane <0.5 <2.0 A 3 c D I 8. cis-1.2-Dichloroet.hene <0.3 <1. 0 A B c D I 9. Chloroform <0.2 I <0.6 I A B

,.. D I '-'

10. 1,1-Dichloroorooene <0.3 <1. 0 A 3 c D I 11. , 2-Dichloroorcoane <0.3 <1.0 A B c " I .i. !J

12. Brcmodichlorornethane <0.3 <1.0 I A B ,.. ...... I I.. !J

13. Dibrcrnomet.hane <0.5 <1.0 A ... c D I .::l

14. trans-1 3-Dichlorcorooene <0.3 <1.0 A B c D I 15. Toluene <0.3 <1.0 A B c D I 16. cis-Dichloroorooene <0.3 <1.0 A :s c D li. 1.1,2-Trichloroethane <0.3 <1.0 A :s c D 18. Tetrachloroethene <0.2 <0.3 A B c D 19. 1.3-Dichlcroorooane <0.3 <1.0 A ... c D I .::l

20. Dibrornochloromethane <0.3 <1.0 A B c D I 21. Chlorcbenzene <0.3 <1.0 A :s c D 22. Ethvl benzene <0.3 <1.0 A :s c D 23. 1,1.1,2-Tetrachloroethane <0.3 <1.0 A 3 c D I 24. rn-Xvlene }coelute <0.3 <1.0 A B c D I 25. o-Xvlene <0.3 <1.0 A B c D 26. o-Xvlene <0.3 <1.0 A B c D 2i. Stv1.·ene <0.3 <1. 0 A B c D 28. Bromoform <0.5 <2.0 A B c D 29. 1, 1 2,2-Tetrachloroethane <0.3 <1. 0 A 3 c D 30. 1,2 3-Trichloroorooane <0.3 <1.0 A 3 c D 31. Bromo benzene <0.3 <1.0 A B c D 32. 2-Chlorotoluene <0.3 <1.0 A B c D 33. .4-Chlcrotoluene <0.3 <1.0 A B c D 34. l,J~Dichlorobenzene <0.3 <1. 0 A B c D 35. 1.2-Dichlorobenzene <0.3 <1.0 A B c D

Unreg Compounds on List 3

36. Bromochloromethane <0.3 <1.0 A B C D 37. 1,2.~-Trichlorobenzene <0.3 <1.0 A B C D 38. Hexachlcrobutadiene <0.3 <1.0 A B C D 39. Naohthalene <0.3 <1.0 A B C D 40. 1 2 3-Trichlorobenzene <0.3 <1.0 A B C D

1/90

-\c\;f . Q--'? I e C;,vJ-~"' ~;,. -;J .. IP-

U"" ·('~., ...,...- '~ .. ,I .. ~ .

I ) ,._.,.,. DEPARTMENT OF HEALTH

Amendment and Compilation of Chapter 11-20

Hawaii Administrative Rules

Date of Adoption

t~1AK r-. ..., 1992 I I I VI

Summary

l. Sll-20-2 to 11-20-4 are amended.

2. Sll-20-6 to 11-20-7 are amended.


4. Sl1-20-12 to 11-20-13 are amended.


6. §11-20-24 to 11-20-25 are amended.

7. Sl1-20-27 is amended.

a. Sll-20-29 to 11-20-30 are amended.


10. Sll-20-36 to 11-20-38 are compilEtti.

11. Sll-20-39 is renumbered.

12. Sll-20-40 to 11-20-44 are compiled.

13. Sll-20-45 is renumbered.

1 528

Amendment and Compilation of

Chapter 11-20

Hawaii Adminstrative Rules

Date of Adoption

t1AR 0 7 1992

1. Chapter 11-20, Hawaii Administrative· Rules, entitled "Potable Water Systems" is amended and compiled to read as follows:

Sll-20-l Sll-20-2 Sll-20-3 Sll-20-4

Sll-20-5 Sll-20-6 Sll-20-7 Sll-20-8 Sll-20-9

Sll-20-10 Sll-20-11

Sll-20-12 Sll-20-13 Sll-20-14 Sll-20-15

"HAWAII ADMINISTRATIVE RULES

TITLE 11

DEPARTMENT OF HEALTH

CHAPTER 20

RULES RELATING TO POTABLE WATER SYSTEMS

Coverage Definitions Maximum contaminant levels--inorganic chemicals Maximum contaminant levels-~organic chemicals and miscellaneous chemicals Maximum contaminant levels--turbidity Maximum contaminant levels--microbiological Maximum contaminant levela--radionuclides Sampling and analytical requirements Microbiological contaminant sampling and analytical requirements Turbidity sampling and analytical requirements Inorganic chemical sampling and analytical requirements Organic chemical sampling and analytical requirements Radionuclide sampling and analytical-requirements Alternative analytical techniques Approved laboratories

20-1

1 528

Sll-20-16 Sll-20-17 Sll-20-18 Sll-20-19 Sll-20-20 Sll-20-21 Sll-20-22 Sll-20-23 Sll-20-24 Sll-20-25 Sll-20-26 Sll-20-27

Sll-20-28 Sll-20-29

Sll-20-30 Sll-20-31 Sll-20-32 Sll-20-33 Sll-20-34 Sll-20-35 Sll-20-36

Sll-20-37 Sll-20-38 Sll-20-39 Sll-20-40

Sll-20-41 Sll-20-42 Sll-20-43

Sll-20-44 Sll-20-45

0 0

Monitoring of consecutive public water systems Reporting requirements Public notification Record maintenance Requirements for a variance Variance request Consideration of variance request Requirements for an exemption Exemption request Consideration of an exemption request

Sll-20-1

Disposition of a request for variance or exemption Public hearings on variances, variance schedules, and exemption schedules Final schedule Use of new sources of raw water for public water systems New and modified public water systems Use of trucks to deliver drinking water Penalties and remedies Entry and inspection Special monitoring for sodium Special monitoring for corrosivity characteristics Reporting and public notification for certain unregulated contaminants Special monitoring for organic chemicals Additives Time requirements Criteria and procedures for public water systems using point-of-entry devices Use of other non-centralized treatment devices Bottled water and point-of-use devices Variance from the maximum contaminant levels for synthetic organic chemicals Sanitary Surveys Severability

Historical Note: Chapter 20 of Title 11 Administrative Rules is based substantially upon Chapter 49 of the Public Health Regulations, Department of Health. [Eff. 8/16/77; R 12/26/81]

$11-20-1 Coverage. This chapter applies to each public water system, unless the public water system meets all of the following conditions:

20-2

(a) It consists only of distribution and storage facilities (and does not have any collection and treatment facilities);

S11-20-2

(b) It obtains all of its water from, but is not owned or operated by, a public water system to which such regulations apply;

(c) It does not sell water to any person; and (d) It is not a carrier which conveys p~ssengers in

interstate commerce. [Eff. 12/26/81; comp MAR Q 71992 (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9;·42

U.s.c. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, Sl42.10)

Sll-20-2 Definitions. As used in this chapter: "Act" means the Public Health Service Act, as amended by the

Safe Drinking Water Act, P.L. 93-523, December 16, 1974 and Safe Drinking Water Act Amendments of 1986, P.L. 99-339, June 19, 1986.

"Administrator" means the administrator of the United States Environmental Protection Agency, or authorized representative.

"Best available technology" or "BAT" means the best technology, treatment techniques, or other means which the director finds, after examination for efficacy under field conditions and not solely under laboratory conditions, are available (taking cost into consideration). For the purposes of setting MCLs for synthetic organic chemicals, any BAT shall be at least as effective as granular activated carbon.

"Coagulation" means a process using coagulant chemicals and mixing by which colloidal and suspended materials are destabilized and agglomerated into floes."

"Community water system" means a public water system which serves at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year-round residents.

"Contaminant" means any physical, chemical, biological, or radiological substance or matter in water. This term is identical with the Federal State Drinking Water Act. An additive contaminant under this definition may have a beneficial or a detrimental effect on the potability of the water.

"Department" means the department of health State of Hawaii. "Direct Additives" means contaminants added to water in the

production of drinking water. "Director" means the director of the department of health or

the director's authorized agent. "Disinfection" means any oxidant, including but not limited

to chlorine, chlorine dioxide, chloramines, and ozone added to water in any part of the treatment or distribution process, that is intended to kill or inactivate pathogenic microorganisms.

20-3

1 528

e

Sll-20-2

"Dose equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements (ICRU).

"Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

"Gross beta particle activity" means the total radioactivity due to beta particle emission as inferred from measurements on a dry sample.

"Halogen" means one of the chemical elements chlorine, bromine, or iodine.

"Indirect Additives" means contaminants that are introduced into drinking water through contact with surfaces of material or products used for its treatment, storage, transmission, or distribution.

"Man-made beta particle and photon emitters" means all radionuclides emitting beta particles or photons, or both, listed in Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure, National Bureau of Standards Handbook 69, except the daughter products of thorium-232, uranium-235, and uranium-238.

"Maximum Contaminant Level" or "MCL" means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of a public water system, except in the case of turbidity where the maximum permissible level is measured at the point of entry to the distribution system. Contaminants added to the water under circumstances controlled by the user, except those resulting from corrosion of piping and plumbing caused by water quality, are excluded from this definition.

"Maximum Total Trihalomethane Potential" or "MTTP" means the maximum concentration of total trihalomethanes produced in a given water containing a disinfectant residual after seven days at a temperature of 251C. or above.

"Non-community water system" means a public water system that is not a community water system.

"Non-transient non-community water system" or "NTNCWS" means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over six months per year.

"Person" means an individual, corporation, company, association, partnership, county, municipality; or State, Federal, or tribal agency.

20-4

Sll-20-2

"Picocurie" or "pCi" means that quantity of radioactive material producing 2.22 nuclear transformations per minute. "pCi/1" is a symbol for picocurie per liter.

"Point-of-entry treatment device" is a treatment device applied to the drinking water entering a house or building for the purpose of reducing contaminants in the drinking water distributed throughout the house or building.

"Point-of-use treatment device" is a treatment device applied to a single tap used for the purpose of reducing contaminants in drinking water at that one tap.

"Public water system" means a system for the provision to the public of piped water for human consumption, if such system has at least fifteen service connections or regularly serves an average of at least twenty-five individuals daily at least sixty days out of the year. Such term includes (1) any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and (2) any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system. A public water system may be privately or publicly owned or operated. A public water system is a "community water system", a "non-community water system" or a "nontransient non-community water system."

"Rem" means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system. A "millirem" (or "mrem") is 1/1000 of a rem.

"Sanitary survey" means an on-site review of the water source, facilities, equipment, operation, and maintenance of a public water system for the purpose of evaluating the adequacy of such source, facilities, equipment, ope1ation, and maintenance for producing and distributing safe drinking water.

"Secondary maximum contaminant levels" or "SMCLS" means the maximum permissible level of a contaminant in water which is delivered to the free flowing outlet of the ultimate user of the public water system.

"Standard sample" means the aliquot of finished drinking water that is examined for the presence of coliform bacteria.

"State" means the Hawaii State department of health. "Supplier of water" means any person who owns or operates a

public water system. "Surface water" means all waters which is open to the

atmosphere and subject to surface runoff. "Total trihalomethanes" or "TTHM" means the sum of the

concentration in milligrams per liter of the trihalomethane compounds (trichloromethane (chloroform), dibromochloromethane, bromodichloro-methane, and tribromomathane (bromoform)), rounded to two significant figures.

20-5

1 528

0

Sll-20-2

"Treatment technique requirement" means a requirement of the state primary drinking water regulations which specifies for a contaminant a specific treatment technique(&) known to the director which leads to a reduction in the level of such contaminant sufficient to comply with the requirements of these regulations.

"Trihalomethane" or "THM" means one of the family of organic compounds, names as derivatives of methane, wherein three of the four hydrogen atoms in methane are each substituted by a halogen atom in the molecular structure.

"Turbidity" means suspended material such as clay, silt, finely divided organic material or other inorganic material in water. Turbidity is measured in turbidity units (TU). (Eff. 12/26/81; am and comp MAR Q 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-l, 300g-2, 300g-3, 300j-4, 300g-b, 300j-9; 40 c.F.R. Parts 141, 142, Sl42.10)

Sll-20-3 Maximum contaminant levels--inorganic chemicals. (a) The MCL for nitrate is applicable to all public water systems except as provided by Sll-20-J(d). The MCL for the other inorganic chemicals apply to community water systems and non-transient non-community water systems. Compliance with MCL for inorganic is calculated pursuant to Sll-20-11.

(b) The following are the MCL for inorganic chemicals other than fluoride:

Level Chemical Abstract Source Milligram Registry Number

Contaminant Per Liter {mg/1) (CAS #)

Arsenic o.os 7440-38-2 Barium 1.0 7440-39-3 Cadmium 0.010 7440-43-9 Chromium o.os 7440-47-3 Lead o.os 7439-92-1 Mercury 0.002 7439-97-6 Nitrate (as N) 10.0 14797-55-8 Selenium 0.01 7882-49-2 Silver o.os 7440-22-4

20-6

Sll-20-9

(g) The location at which the check samples were taken pursuant to subsections (d), (e), or (f) of this section shall not

· be eliminated from future sampling without approval of the director. The results from all coliform bacterial analyses performed pursuant to this chapter, except those obtained from check samples and special purpose samples, shall be used to determine compliance with the MCL for coliform bacteria as established in Sll-20-6. Check samples shall not be included in calculating the total number of samples taken each month to determine compliance with Sll-20-9(b) or 9(c).

(h) When the presence of coliform bacteria in water taken from a particular sampling point has been confirmed by any check samples examined as directed in subsections (d), (e), or (f) of this section, the supplier of water shall report to the director within forty-eight hours.

(i) When a MCL set forth in Sll-20-6(a)(l), Sl1-20-6(a)(2)~ or S11-20-6(a)(3) is exceeded, the supplier of water shall report to the director and notify the public as prescribed in 511-20-17 and 511-20-18.

(j) Special purpose samples, such as those taken to determine whether disinfection practices following pipe placement, replacement, or repair have been sufficient, shall not be used to determine compliance with 511-20-6 or S11-20-9(b) or 9(c).

(k) The supplier of water for a public water system may, with the approval of the director and based upon a sanitary survey, substitute the use of chlorine residual monitoring for not more than seventy-five per cent of the samples required to be taken by S11-20-9(b), provided, that the supplier of water takes chlorine residual samples at points which are representative of the conditions within the distribution system at the frequency of at least four for each substituted microbiological samples. There shall be at least daily determinations of chlorine residual. When the supplier of water exercises the option provided in this subsection, he shall maintain no less than 0.2 mg/1 free chlorine residual throughout the public water distribution system. When a particular sampling point has bean shown to have a free chlorine residual less than 0.2 mgfl, the water at that location shall be retested as soon as practicable and in any event within one hour. If the original analysis is confirmed, this fact shall be reported to the director by telephone within forty-eight hours after confirmation. Also, if the analysis is confirmed, a sample for coliform bacterial analysis shall be collected from that sampling point as soon as practicable and preferably within one hour, and the results of such analysis reported to the director by telephone within forty-eight hours after the results are known to the supplier of water. Analyses for residual chlorine shall be made in accordance with methods specified in 40 C.F.R. Sl41.21.

20-16

e

Sll-20-9

660,001 to 720,000 250 720,001 to 780,000 260 780,001 to 840,000 270 840,001 to 910,000 280 910,001 to 970,000 290 970,001 to 1,050,000 300

Based on a history of no coliform bacterial contamination and on a sanitary survey by the director showing the water systems to be supplied solely by a protected ground water source and free of sanitary defects, a community water system serving twenty-five to one thousand persons, with written permission from the director, may reduce this sampling frequency, except that in no case shall it be reduced to less than one per quarter.

(c) The supplier of water for a non-community water system shall be responsible for sampling coliform bacteria in each calendar quarter that the system provides water to the public. The state can adjust the monitoring frequency on the basis of a sanitary survey, the existence of additional safeguards such as a protective and enforced well code, or accumulated analytical data. Such frequency shall be confirmed or modified on the basis of subsequent surveys or data. The frequency shall not be reduced until the non-community water system has performed at least one coliform analysis of its drinking water and shown to be in compliance with Sll-20-6.

(d) Whenever the coliform bacteria in a single sample exceed four per one hundred milliliters Sll-20-6(a)(l), at least two consecutive daily check samples shall be collected and examined from the same sampling point. Additional check samples shall be collected daily, or at a frequency established by the director, until the results obtained from at least two consecutive check samples show less than one coliform bacterium per one hundred milliliters.

(e) Whenever coliform bacteria occur in three or more ten ml portions of a single sample S11-20-6(a){2), at least two consecutive daily check samples shall be collected and examined from the same sampling point. Additional check samples shall be collected daily, or at a frequency established by the director, until the results obtained from at least two consecutive check samples show no positive tubes.

(f) Whenever coliform bacteria occur in all five of the one hundred ml portions of a single sample Sl1-20-6(a)(3), at least two daily check samples shall be collected and examined from the same sampling point. Additional check samples shall be collected daily, or at a frequency established by the state, until the results obtained from at least two consecutive check samples show no positive tubes.

20-15

1528

S11-20-9

10,301 to 11,100 12 11,101 to 12,000 13 12,001 to 12,900 14 12,901 to 13,700 15 13,701 to 14,600 16 14,601 to 15,500 17 15,501 to 16,300 18 16,301 to 17,200 19 17,201 to 18,100 20 18,101 to 18,900 21 18,901 to 19,800 22 19,801 to 20,700 23 20,701 to 21,500 24 21,501 to 22,300 25 22,301 to 23,200 26 23,201 to 24,000 27 24,001 to 24,900 28 24,901 to 25,000 29 25,001 to 28,000 30 28,001 to 33,000 35 33,001 to 37,000 40 37,001 to 41,000 45 41,001 to 46,000 so 46,001 to 50,000 55 50,001 to 54,000 60 54,001 to 59,000 65 59,001 to 64,000 70 64,001 to 70,000 75 70,001 to 76,000 80 76,001 to 83,000 85 83,001 to 90,000 90 90,001 to 96,000 95 96,001 to 111,000 100 111,001 to 130,000 110 130,001 to 160,000 120 160,001 to 190,000 130 190,001 to 220,000 140 220,001 to 250,000 150 250,001 to 290,000 160 290,001 to 320,000 170 320,001 to 360,000 180 360,001 to 410,000 190 410,001 to 450,000 200 450,001 to 500,000 210 500,001 to 550,000 220 550,001 to 600,000 230 600,001 to 660,000 240

20-14

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Sll-20-9

$11-20-8 Sampling and analytical requirements. All sampling and analyses required by this chapter shall be performed

· in accordance with procedures approved by the department. In any case in which a provision of this chapter requires sampling and analysis to be performed by the supplier of water, such sampling may, at the discretion of the director, be performed by the department pursuant to prior notification to the water supplier by the director and under such conditions as the director may specify. [Eff. 12/26/81; comp MAR 0 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, S141.21, S142.10)

S11-20-9 Microbiological contaminant sampling and analytical requirements. (a) suppliers of water for public water systems shall analyze for coliform bacteria for the purpose of determining compliance with Sl1-20-6. Analyses shall be conducted in accordance with methods specified in 40 C.F.R. S141.21 using a standard sample size. The standard sample used in the membrane filter procedure shall be one hundred milliliters. The standard sample used in the five tube most probable number (MPN) procedure (fermentation tube method) shall be five times the standard portion. The standard portion is either ten milliliters or one hundred milliliters as described in S11-20-6(a)(2) and Sl1-20-6(a)(3). The samples shall be taken at points which are representative of the conditions within the distribution system.

(b) The supplier of water for a community water system shall take coliform density samples at regular time intervals, and in number proportionate to the population served by the system. In no event shall the frequency be less than as .set forth below:

Minimum Number of Population served: Samples Per Month

25 to 1,000 1 1,001 to 2,500 2 2,501 to 3,300 3 3,301 to 4,100 4 4,101 to 4,900 5 4,901 to 5,800 6 5,801 to 6,700 7 6,701 to 7,600 8 7,601 to 8,500 9 8,501 to 9,400 10 9,401 to 10,300 11

20-13

1528

511-20-6

v51io

1:

2at

0:o

1n8

.with respect to the public not~~\~at~~l~~RU_ irements [Eff. 12/26/81; am and comp ~AK U ( ~~'

of

) (Auth: HRS 5S340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5141.14, 5142.10)

511-20-7 Maximum contaminant levels--radionuclides. (a) MCL for radium-226, CAS #13982-63-3; radium-228, CAS #15262-20-1; and gross alpha particle radioactivity, applicable to community water systems, are:

(1) Combined radium-226 and radium-228 -- 5 pCi/1. (2) Gross alpha particle activity (including radium-226

but excluding radon and uranium) -- 15 pCi/1. (b) MCL for beta particle and photon radioactivity from

man-made radionuclides, applicable to community water systems, are:

(1) The average annual concentration of such radioactivity shall not produce an annual dose equivalent to the total body or any internal organ greater than four milliremfyear.

(2) Except for the radionuclides listed in Table A, the concentration of man-made radionuclides causing four mrem total body or organ dose equivalent shall be calculated as specified in 40 C.F.R. 5141.16. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed four milliremfyear.

Table A Average annual concentrations assumed to produce

a total body or organ dose of four mrem/yr

pCi Radionuclide Critical Organ Per Liter CAS #

Tritium Total body 20,000 10028-17-8

Strontium-90 Bone marrow 8 10098-97-2

(Eff. 12/26/81; am and comp HRS 55340E-2, 340E-9) (Imp: 55300g-1, 300g-2; 40 C.F.R. 5142.10)

MAR 071992 ) (Auth: HRS S5340E-2, 340E-9; 42 u.s.c.

Parts 141, 142, 5141.15, 5141.16,

20-12

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Sll-20-6

(C) Five portions in more than twenty per cent of the samples when five or more samples are examined per month.

(4) At the director's discretion, public water systems required to take ten or fewer samples per month may be authorized to exclude one positive routine sample per month from the monthly calculation if: (A} As approved on a case-by-case basis the director

determines and indicates in writing to the public water system that no unreasonable risk to health existed under the conditions of this modification. This determination should be based upon a number of factors not limited to the following: (i) The system provided and had maintained an

active disinfectant residual in the distribution system,

(ii) The potential for contamination as indicated by a sanitary survey; and

(iii) The history of the water quality at the public water system (e.g. MCL or monitoring violations);

(B) The supplier of water initiates two consecutive daily check samples from the same sampling point within twenty-four hours after notification that the routine sample is positive, and each of these check samples is negative; and

{C) The original positive routine sample is reported and recorded by the supplier pursuant to Sll-20-17(a) and Sll-20-l9(a)(l). The supplier of water shall report to the state its compliance with the conditions specified in this paragraph and report the action taken to resolve the prior positive sample result. If a positive routine sample is not used for the monthly calculation, another routine sample shall be analyzed for compliance purposes. This provision may be used only once during two consecutive compliance periods.

(b) For public water systems that are required to sample at a rate of less than four per month, compliance with paragraphs (1), (2), and (3) of Sl1-20-6(a) shall be based upon sampling during a three-month period, except that, at th~ discretion of the director, compliance may be based upon sampling during a one-month period.

(c) If an average MCL violation is caused by a single sample MCL violation, then the case shall be treated as one

20-11

1 528

Sll-20-5

(b) Five turbidity units based on an average for two consecutive days pursuant to Sll-20-10. [Eff. 12/26/81; comp

MAR Q 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, Sl41.13, Sl42.10)

Sll-20-6 Maximum contaminant levels--microbiological. (a) The MCL for coliform bacteria apply to all public water systems and are as follows:

(1) When the membrane filter technique pursuant to S11-20-9(a) is used, the number of coliform bacteria shall not exceed any of the following: (A) One per one hundred milliliters as the

arithmetic mean of all samples examined per compliance period pursuant to S11-20-9(b) or Sll-20-9(c); or

(B) Four per one hundred milliliters in more than one sample when less than twenty are examined per month; or

(C) Four per one hundred milliliters in more than five per cent of the samples when twenty or more are examined per month.

(2) When the fermentation tube method and 10 milliliter standard portions pursuant to S11-20-9(a) are used, coliform bacteria shall not be present in any of the following: (A) More than ten per cent of the portions (tubes)

in any one month pursuant to Sl1-20-9(b) or Sll-20-9(c); or

(B) Three or more portions in more than one sample when less than twenty samples are examined per month; or

(C) Three or more portions in more than five per cent of the samples when twenty or more samples are examined per month.

(3) When the fermentation tube method and 100 milliliter standard portions pursuant to Sll-20-9(a) are used, coliform bacteria shall not be present in any of the following: (A) More than sixty per cent of the portions (tubes)

in any month pursuant to Sl1-20-9(b) or Sll-20-9 (c) ;

(B) Five portions in more than one sample when less than five samples are examined per month; or

20-10

(d)

(e)

Sll-20-5

Volatile synthetic organic chemicals:

Benzene 0.005 71-43-2 Vinyl chloride 0.002 75-01-4 Carbon tetrachloride 0.005 56-23-5 1,2-Dichloroethane 0.005 107-06-2 Trichloroethylene 0.005 79-01-6 1,1-Dichloroethylene 0.007 75-35-4 1,1,1-Trichloroethane 0.20 71-55-6 para-Dichlorobenzene 0.075 106-46-7

The best technology, treatment techniques, or other means generally available for achieving compliance with the maximum contaminant level for volatile synthetic organic chemicals Sll-20-4(d) is central treatment using packed tower aeration; central treatment using granular activated carbon for all these chemicals except vinyl chloride.

Miscellaneous chemicals: mg/1 CAS #

EDB - Ethylene dibromide .00004 106-93-4 DBCP - 1,2,-Dibromo-3-chloropropane .00004 96-12-8 TCP - 1,2,3, Trichloropropane .0008 96-18-4 DCP - 1,2 Dichloropropane .005 78-87-5 Atrazine .003 1912-24-9

[Eff. 12/26/81; am and comp HRS SS340E-2, 340E-9) (Imp:

MAR 0 71992 ] (Auth: HRS SS340E-2, 340E-9; 42 u.s.c.

SS300g-1, 300g-2; 40 C.F.R. SS141.61)

Parts 141, 142, Sl42.10, S141.12,

S11-20-5 Maximum contaminant levels--turbidity. The MCL for turbidity apply to all public water systems usinq surface water sources in whole or in part. The MCL, measured at a representative entry point(s) to the distribution system, are:

(a) One turbidity unit, as determined by a monthly average pursuant to Sll-20-10 except that five or fewer turbidity units may be allowed if the supplier of water can demonstrate to the director that the higher turbidity does not do any of the following:

(1) (2)

(3)

Interfere with disinfection; or Prevent maintenance of an effective disinfectant agent throughout the distribution system; or Interfere with microbiological determinations.

20-9

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Sll-20-4

synthetic organic chemicals (VOCe) and miscellaneous chemicals apply to all community water systems and non-transient non-community water systems. Compliance with the MCL for voce and miscellaneous chemicals is calculated pursuant to S11-20-12(f}.

(a) Chlorinated hydrocarbons: Level

Milligrams Per Liter (mg/1)

Endrin (1,2,3,4,20, 20-hexachloro-6, 7-epoxy-1,4,4a,5,6, 7,8,8a-octahydro-1,4-endo, endo-5,8-di-methanonaphthalene).

Lindane (1,2,3,4,5,6-hexachlorocyclohexane, gamma isomer).

Methoxychlor (1,1,1-Trichloro-2, 2-bis (p-metho-xyphenyl) ethane).

Toxaphene (c20a20cl8-Technical chlorinated camphene, 67-69 per cent chlorine).

(b) Chlorophenoxys:

2,4-D, (2,4-Dichlorophenoxyacetic acid).

2,4,5-TP Silvex (2,4,5-Trichlorophenoxypropionic acid).

(c) Total trihalomethanes (the sum of the concentrations of bromodichloromethane, dibromochloromethane, tribromomethane (bromoform) and trichloromethane (chloroform)).

20-8

0.0002

0.002

0.1

0.005

0.03

0.01

0.10

CAS #

72-20-8

58-89-9

72-43-5

8001-35-2

94-75-7

93-72-1

Sll-20-4

(c) When the annual average of the maximum daily air temperatures for the location in which the community water system is situated is the following, the MCL for fluoride are:

Temperature, Degrees Level Milligrams

Fahrenheit Celsius Per Liter (mg/1)

53.7 and below 12.0 and below 2.4 53.8 to 58.3 12.1 to 14.6 2.2 58.4 to 63.8 14.7 to 17.6 2.0 63.9 to 70.6 17.7 to 21.4 1.8 70.7 to 79.2 21.5 to 26.2 1.6 79.3 to 90.5 26.3 to 32.5 1.4

Fluoride at optimum levels in drinking water has been shown to have beneficial effects in reducing the occurrence of tooth decay.

(d) At the discretion of the department, nitrate levels not to exceed twenty mg/1 may be allowed in a non-community water system if the supplier of water demonstrates to the satisfaction of the department that:

(1) Such water will not be available to children under six months of age; and

(2) '!'here will be continuous posting of the fact that nitrate levels exceed ten mg/1 and the potential health effects of exposure; and

(3) Local and state public health authorities will be notified annually of nitrate levels that exceed ten mg/1; and

(4) No adverse health effects shall result. [Eff. 12/26/81; am and comp ; MAR Q 71992 (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, S142.10, Sl42.11)

S11-20-4 Maximum contaminant levels--organic and miscellaneous chemicals. The MCL for chlorinated hydrocarbons and chlorophenoxy organic chemicals apply to all community water systems and non-transient non-community water systems and is calculated pursuant to S11-20-12(a) to S11-20-12(d). 'l'he MCL for 'l''l'HM applies only to community water systems which serve a population of ten thousand or more individuals and which add a disinfectant (oxidant) to the water in any part of the drinking water treatment process. Compliance with the MCL for 'l'THM is calculated pursuant to Sll-20-12(e). 'l'he MCL for volatile

20-7

511-20-13

511-20-14 Alternative analytical techniques. With the written permission of the director, concurred in by the

· administrator, an alternative analytical technique may be employed. An alternative technique shall be acceptable only if it is substantially equivalent to the prescribed test in both precision and accuracy as it relates to the determination of compliance with any MCL. The use of the alternative analytical technique shall not decrease the frequen~A~ ~QP~Rzing required by this chapter. [Eff. 12/26/81; comp lyl ,t< U ( ~~~.

] (Auth: HRS 55340E-2, 340E-9) (Imp: HRS 55340E-2, 340E-9; 42 U.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, 5141.27, Sl42.10)

Sll-20-15 Approved laboratories. (a) For the purpose of determining compliance with S11-20-9 through 511-20-13, Sll-20-34, and S11-20-35, samples may be considered only if they have been analyzed by a laboratory approved by the director except that measurements for turbidity, free chlorine residual, temperature and pH may be performed by any person acceptable to the director.

(b) Nothing in this part shall be construed to preclude the director from taking samples or from using the results from such samples to determine compliance by a supplier of water with the applicable requirements of this part. [Eff. 12/26/81; am and comp MAR O 7 i992_ ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 u.s.c. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, Sl41.28, 5142.10)

Sll-20-16 Monitoring of consecutive public water systems. When a public water system supplies water to one or more other public water systems, the director may modify the monitoring requirements ~posed by this part to the extent that the interconnection of the public water systems justifies treating them as a single public water system for monitoring purposes. Any modified monitoring shall be conducted pursuant to a schedule specified by the director. [Eff. 12/26/81; am and comp

MAR 0 71992. l (Auth: HRS S5340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. S5300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5141.29, 5142.10)

511-20-17 Reporting requirements. (a) Except where a shorter period is specified in this part, the supplier of water shall report to the director the results of any test measurements or analysis required by this part within:

20-30

Sll-20-13

an equivalent sample shall be analyzed for strontium-89 and cesium-134. If the gross beta particle activity exceeds fifty pCi/1, an analysis of the sample shall be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with Sll-20-7(b).

(ii) For iodine-131, a composite of five consecutive daily samples shall be analyzed once each quarter. As ordered by the director, more frequent monitoring shall be conducted when iodine-131 is identified in the finished water.

(iii) Annual monitoring for strontium-90 and tritium shall be conducted by means of the analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. The latter procedure is recommended.

(iv) The director may allow the substitution of environmental surveillance data taken in conjunction with a nuclear facility for direct monitoring of man-made radioactivity by the supplier of water where the director determines such data is applicable to a particular community water system.

(v) If the average annual MCL for man-made radioactivity set forth in Sll-20-7(b) is exceeded, the operator of a community water system shall notify the director pursuant to Sll-20-17 and shall notify the public as required by Sll-20-18. Monitoring at monthly intervals shall be continued until the concentration no longer exceeds the MCL or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become ef~~~ve. [Eff. 12/26/81; am and comp MAt( 0 71992 (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 u.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, 5141.25, 5141.26, Sl42.10)

20-29

1 528

Sll-20-13

director shall be monitored for compliance with Sll-20-7(b) by analysis of a composite of four consecutive quarterly samples or analysis of four quarterly samples. compliance with Sll-20-7(b) may be assumed without further analysis if the average annual concentration of gross beta particle activity is less than fifty pCi/1 and if the average annual concentrations of tritium and strontium-90 are less than those listed in Table A, provided, that if both radionuclides are present the sum of their annual dose equivalents to bone marrow shall not exceed four millirem/year. (i) If the gross beta particle activity

exceeds fifty pCi/1, an analysis of the samples shall be performed to identify the major radioactive constituents present and the appropriate organ and total body doses shall be calculated to determine compliance with S11-20-7(b).

(ii) Suppliers of water shall conduct additional monitoring, as ordered by the director, to determine the concentration of man-made radioactivity in principal watersheds designated by the director.

(iii) At the discretion of the director, suppliers of water utilizing only ground waters may be required to monitor for man-made radioactivity.

(B) After the initial analysis required by Sll-20-13(b)(2)(A), suppliers of water shall monitor at least every four years following the procedure given in that subsection.

(C) The supplier of any community water system designated by the director as utilizing waters contaminated by effluents from nuclear facilities shall initiate quarterly monitoring for gross beta particle and iodine-131 radioactivity and annual monitoring for strontium-90 and tritium. (i) Quarterly monitoring for gross beta

particle activity shall be based on the analysis of monthly samples or the analysis of a composite of three monthly samples. The former is recommended. If the gross beta particle activity in a sample exceeds fifteen pCi/1, the same or

20-28

Sll-20-13

(ii) A supplier of water shall monitor in conformance with Sll-20-lJ(b)(l)(A) within one year of the introduction of a new water source for a community water system. More frequent monitoring shall be conducted when ordered by the director in the event of possible contamination or when changes in the distribution system or treatment processing occur which may increase the concentration of radioactivity in finished water.

(iii) A community water system using two or more sources having different concentrations of radioactivity shall monitor source water, in addition to water from a free-flowing tap, when ordered by the director.

(iv) Monitoring for compliance with Sll-20-7(a) after the initial period need not include radium-228 except when required by the director, provided, that the average annual concentration of radium-228 has been assayed at least once using the quarterly sampling procedure required by Sll-20-lJ(b)(l){A).

(v) Suppliers of water shall conduct annual monitoring of any community water system in which the radium-226 concentration exceeds three pCi/1, when ordered by the director.

(C) If the average annual MCL for gross alpha particle activity or total radium as set forth in Sll-20-7(a) is exceeded, the supplier of a community water system shall give notice to the director pursuant to 511-20-17 and notify the public as required by Sll-20-18. Monitoring at quarterly intervals shall be continued until the annual average concentration no longer exceeds the MCL or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

(2) Monitoring requirements for man-made radioactivity in community water systems are as follows: (A) Systems using surface water sources and serving

more than 100,000 persons and such other community water systems as are designated by the

20-27

1528

Sll-20-13

(1) Monitoring requirements for gross alpha particle activity, radium-226 and radium-228 are as follows: (A) Compliance with Sll-20-7(a) shall be based on

the analysis of an annual composite of four consecutive quarterly samples or the average of the analyses of four samples Qbtained at quarterly intervals. (i) A gross alpha particle activity

measurement may be substituted for the required radium-226 and radium-228 analysis provided, that the measured gross alpha particle activity does not exceed five pCi/1 at a confidence level of ninety-five per cent (1.6So where o is the standard deviation of the net counting rate of the sample). In localities where radium-228 may be present in drinking water, the director may require radium-226 and radium-228 analyses when the gross alpha particle activity exceeds two pCi/1.

(ii) When the gross alpha particle activity exceeds five pCi/1, the same or an equivalent sample shall be analyzed for radium-226. If the concentration of radium-226 exceeds three pCi/1 the same sample or an equivalent sample shall be analyzed for radium-228.

(B) Suppliers of water shall monitor at least once every four years following the procedure required by Sll-20-13(b)(l)(A). At the discretion of the director, when an annual record taken in conformance with Sl.l.-20-l.3(b) (l.) (A) 1 has estabU.shed that the average annual concentration is leas than half the MCL established by Sll-20-7(a), analysis of a single sample may be substituted for the quarterly sampling procedure required by Sll-20-lJ(b)(l)(A). (i) More frequent monitoring shall be

conducted when ordered by the director in the vicinity of mining or other operations which may contribute alpha particle radioactivity to either surface or ground water sources of drinking water.

20-26

Sll-20-13

Sll-20-13 Radionuclide sampling and analytical requirements. (a) Analytical methods for radioactivity.

(1) The methods specified in 40 c.F.R., 5141.25, are to be used to determine compliance with Sll-20-7(a) and Sll-20-7(b) (radioactivity), except in cases where alternative methods have been approved in accordance with Sll-20-14.

(2) For the purpose of monitoring radioactivity concentrations in drinking.water, the required sensitivity of the radioanalysis is defined in terms of a detection limit. The detection limit shall be that concentration which can be counted with a precision of plus or minus one hundred per cent at the ninety-five per cent confidence level (1.96o where o is the standard deviation of the net counting rate of the sample) • (A) To determine compliance with Sll-20-7(a)(l), the

detection limit shall not exceed one pCi/1. To determine compliance with Sll-20-7(a)(2), the detection limit shall not exceed three pCi/1.

(B) To determine compliance with Sl1-20-7(b), the detection limits shall not exceed the concentrations listed in Table B.

Table B Detection Limits for Man-Made

Beta Particle and Photon Emitters

Radionuclide

Tritium -------------Strontium-89 --------strontium-90 --------Iodine-131 ----------Cesium-134 ----------Gross beta ----------Other radionuclides --

Detection Limit

1, 000 pCi/ 1. 10 pCi/1. 2 pCi/1. 1 pCi/1. 10 pCi/1. 4 pci/1. 1/10 of the applicable limit.

CAS #

10028-17-8 14158-27-1 10098-97-2 10043-66-0 13967-70-9

(3) To judge compliance with the MCL listed in Sll-20-7(a) and Sll-20-?(b), averages of data shall be used and shall be rounded to the same number of significant figures as the MCL for the substance in question.

(b) Monitoring frequency for radioactivity in community water systems.

20-25

1 528

Sll-20-12

MCL as specified in 511-20-4(d) and S11-20-4(e) will be deemed out of compliance. The director may reduce the public notice requirement to that portion of the public water system which is out of compliance. If any one sample result would cause the annual average to be exceeded, then the public water system shall be deemed to be out of compliance immediately. For public water systems that only take one sample per location because no chemicals were detected, compliance shall be based on that one sample.

(11) Analyses made to determine compliance with S11-20-4(d) shall be made in accordance with methods specified in 40 C.F.R. 5141.24g 10 and 40 C.F.R. S141.24g 11.

(12) The director has the authority to allow the use of monitoring data collected after January 1, 1983, for purposes of monitoring compliance. .If the data is consistent with the other requirements in this paragraph, the director may use that data to represent the initial monitoring if the public water system is determined by the director not to be vulnerable under the requirements of this section. In addition, the results of EPA's Ground Water Supply survey can be used in a similar manner for public water systems supplied by a single well.

(13) The director may increase required monitoring where necessary to detect variations within the public water system.

(14) The director has the authority to determine compliance or initiate enforcement action based upon analytical results and other information compiled ~y their sanctioned representatives and agencies.

(15) Each approved laboratory shall determine the method detection lLmit (MDL), as defined in Appendix B, 40 C.F.R., Part 136, at which it is capable of detecting chemicals. The acceptable MDL is 0.0005 mgfl. This concentration is the detection level for purposes of subsection (f) ( 6) 1 (7) 1 ( 8) 1 and ~. )QQJ\A:Ms section. (Eff. 12/16/81; am and comp MAK ( ~~'- ] (Auth: HRS 55340E-2 1 340E-9) (Imp: HRS 5S340E-21 340E-9; 42 u.s.c. 55300g-11 300g-2, 300g-3, 300j-41 300g-6, and 300j-9; 40 C.F.R. Parts 141, 142, 5141.241 5141.301 5142.10)

20-24

e

S11-20-12

(1) Monitoring (i.e., one sample) shall be repeated in three years (for public water systems greater than 500 connections.)

(2) Monitoring (i.e., one sample) shall be repeated every five years (for public water systems less than 500 connections.)

(iii) When chemicals are detected in the first year of quarterly sampling (or any other subsequent sample that may be taken), regardless of vulnerability, monitoring shall be repeated every three months, as required under subsection (f)(4) of this section.

(C) The director may reduce the frequency of monitoring to once per year for a ground-water system or surface water system detecting chemicals at levels consistently less than the MCL for three consecutive years.

(D) Vulnerability of each public water system shall be determined by the director based upon an assessment of the following factors: (i) Previous monitoring results. (ii) Number of persons served by public water

system. (iii) Proximity of a smaller public water system

to a larger public water system. (iv) Proximity to commercial or industrial use,

disposal, or storage of Volatile Synthetic Organic Chemicals.

(v) Protection of the water source. (E) A public water system is deemed to be vulnerable

for a period of three years after any positive measurement of one or more contaminants listed in either S11-20-4(d), S11-20-4(e), or SS11-20-37(e) or (j) except for trihalomethanes or other demonstrated disinfection by-products.

(10) Compliance with Sll-20-4(d) and Sll-20-4(e) shall be determined based on the results of running annual average of quarterly sampling for each sampling location. If one location's average is greater than the MCL, then the public water system shall be deemed to be out of compliance. If a public water system has a distribution system separable from other parts of the distribution system with no interconnections, only that part of the public water system that exceeds any

20-23

1528

511-20-12

fourteen days of the second sample. Analyses shall be made in accordance to method specified in 40 C.F.R. Sl41.24q 7i and 40 C.F.R. Sl41.24q 7ii.

{9) The director may reduce the monitorinq frequency specified in subsections (f)(l) and (f)(2) of this section, as explained in this paragraph: (A) The monitorinq frequency for ground-water

systems is as follows: (i) When chemicals are not.detected in the

first sample (or any subsequent samples that may be taken) and the public water system is not vulnerable as defined in subsection (f)(9)(D) of this section, monitoring may be reduced to one sample and shall be repeated every five years.

(ii) When chemicals are not detected in the first sample (or any subsequent sample that may be taken) and the public water system is vulnerable as ·defined in subsection (f)(9)(D) of this section, (1) Monitoring shall be repeated every

three years for public water systems greater than 500 connections.

(2) Monitoring shall be repeated every five years for public water system less than 500 connections.

(iii) If chemicals are detected in the first sample (or any subsequent sample that may be taken), regardless of vulnerability, monitoring shall be repeated every three months, as requl~ed under subsection (f)(3) of this section.

(B) The repeat monitoring frequency for surface water systems is as follows: (i) When chemicals are not detected in the

first year of quarterly sampling (or any other subsequent sample that may be taken) and the public water system is not vulnerable as defined in subsection (f)(9)(D) of this section, monitoring is only required at state discretion.

(ii) When chemicals are not detected in the first year of quarterly samplinq (or any other subsequent sample that may be taken) and the public water system is vulnerable as defined in subsection (f)(9)(D) of this section,

20-22

e

Sll-20-12

(S) If the public water system draws water from more than one source and sources are combined before distribution, the supplier of water shall sample at an entry point to the distribution system during periods of normal operating conditions.

(6) The director may require confirmation samples for positive or negative results. If a confirmation sample(s) is required by the director, then the sample result(s) should be averaged with the first sampling result and used for compliance determination in accordance with subsection (f)(10) of this section. The director has discretion to delete results of obvious sampling errors from this calculation.

(7) Analysis for vinyl chloride is required only for ground water systems that have detected one or more of the following two-carbon organic compounds: Trichloroethylene, tetrachloroethylene, 1,2-dichloroethane, 1,1,1-trichloroethane, cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, or 1,1-dichloroethylene. The analysis for vinyl chloride is required at each distribution or entry point at which one or more of the two-carbon organic compounds were found. If the first analysis does not detect vinyl chloride, the director may reduce the frequency of vinyl chloride monitoring to once every three years for that sample location or other sample locations which are more representative of the same source. Surface water systems may be required to analyze for vinyl chloride at the discretion of the director.

(8) The supplier of water may c&oose to composite up to five samples from one or more public water systems. Compositing of samples is to be done in the laboratory by the procedures listed below. samples shall be analyzed within fourteen days of collection. If any chemicals listed in Sll-20-4(d) and Sll-20-4(e) are detected in the original composite sample, a sample from each source that made up the composite sample shall be reanalyzed individually within fourteen days from sampling. The sample for reanalysis cannot be the original sample but can be a duplicate sample. If duplicates of the original samples are not available, new samples shall be taken from each source used in the original composite and analyzed for chemicals detected. Reanalysis shall be accomplished within

20-21

·r s2s

511-20-12

(1) Sampling volatile synthetic organic chemicals for all community water systems and non-transient non-community water systems serving more than 10,000 people shall analyze all distribution or entry-point samples, as appropriate, representing all source waters beginning no later than January 1, 1988. All community water systems and non-transient non-community water systems serving from 3,300 to 10,000 people shall analyze all distribution or entry-point ·samples, as required in this subsection (f), representing source waters no later than January 1, 1989. All other community and non-transient non-community water systems shall analyze distribution or entry-point samples, as required in this subsection (f), representing all source waters beginning no later than January 1, 1991.

(2) Sampling miscellaneous chemicals for all community water systems and non-transient non-community water systems serving more than 10,000 people shall analyze all distribution or entry-point samples, as appropriate, representing all source waters beginning no later than January 1, 1991. All community water systems and non-transient non-community water systems serving from 3,300 to 10,000 people shall analyze all distribution or entry-point samples, as required in this subsection (f), representing source waters no later than January 1, 1992. All other community and non-transient non-community water systems shall analyze distribution or entry-point samples, as required in this subsection (f), representing all source waters beginning no later than January 1, 1993.

(3) Ground-water systems shall sample at points of entry to the distribution system representative of each well after any application of treatment. Sampling shall be conducted at the same location(s) or more representative location(s) every three months for one year except as provided in subsection (f)(9)(A) of this section.

(4) Surface water systems shall sample at points in the distribution system representative of each source or at entry points to the distribution system after any application of treatment. Surface water systems shall sample each source every three months except as provided in subsection (f)(9)(B) of this section. Sampling shall be conducted at the same location or a more representative location each quarter.

20-20

511-20-12

511-20-12 Organic chemical sampling and analytical requirements. (a) An analysis of substances for the purpose of determining compliance with 5ll-20-4(a) and Sll-20-4(b) shall b~ made as follows:

(1) For all community and non-transient non-community water systems utilizing surface water sources, organic chemical samples shall be collected during the period of the year designated by the director as the period when contamination by the pesticide is most likely to occur in the water source. These analyses shall be repeated at intervals specified by the director but in no event less frequently than at three-year intervals.

(2) For community and non-transient non-community water systems utilizing only ground water sources, analyses shall be completed by those systems specified by the director.

(b) If the result of an analysis made pursuant to 5ll-20-12(a) indicates that the level of any contaminant listed in 5ll-20-4(a) and 5ll-20-4(b) exceeds the MCL, the supplier of water shall report to the director in writing within seven days and initiate three additional analyses within one month.

(c) When the average of four analyses made pursuant to 511-20-12(b), rounded to the same number of significant figures as the MCL for the substance in question, exceeds the MCL, the supplier of water shall report to the director pursuant to 511-20-17 and shall notify the public pursuant to 511-20-18. Monitoring after public notification shall be at a frequency designated by the director and shall continue until the MCL has not been exceeded in two successive samples or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

(d) Analyses made to determine compliance with Sll-20-4(a) and (b) shall be made in accordance with the methods specified in 40 C.F.R. 5141.24 and 511-20-4(e) shall be made in accordance with EPA method 502.2 for TCP and DCP, EPA method 504 for DBCP and EDB, and EPA method 507 for Atrazine specified in "Methods for the Determination of Organic Compounds in Drinking Water," EPA/600/4-88/039,· December 1988, or methods acceptable to the Department.

(e) Analyses made to determine compliance with Sl1-20-4(c) shall be made in accordance with the method specified in 40 C.F.R., 5141.30.

(f) Analyses of the contaminants listed in Sll-20~4(d) and 511-20-4(e) for purposes of determining compliance with the MCLs shall be conducted as follows:

20-19

1528

Sll-20-11

511-20-11 Inorganic chemical sampling and analytical requirements. (a) Analyses for the purpose of determining compliance with 511-20-3, shall meat the following requirements:

(1) Analyses for all community water systems utilizing surface water sources shall be completed at least at yearly intervals.

(2) Analyses for all community water systems utilizing only ground water sources shall be completed at least every three years.

(3) For non-community water systems, whether supplied by surface or ground sources, analyses for nitrate shall be completed at intervals determined by the director based on the severity of the problem.

(b) If the result of an analysis made pursuant to S11-20-1l(a) indicates that the level of any contaminant listed in 511-20-3 exceeds the MCL, the supplier of water shall report to the director in writing within seven days and initiate three additional analyses at the same sampling point within one month.

(c) When the average of four analyses made pursuant to S11-20-11(b), rounded to the same number of significant figures as the MCL for the substance in question, exceeds the MCL, the supplier of water shall notify the director pursuant to 511-20-17 and give notice to the public pursuant to $11-20-18. Monitoring after public notification shall be at a frequency designated by the director and shall continue until the MCL has not been exceeded in two successive samples or until a monitoring schedule as a condition to a variance, exemption or enforcement action shall become effective.

(d) The provisions of S11-20-11(b) and (c) notwithstanding, compliance with the MCL for nitrate shall be determined on the basis of the mean of two analyses. When a level exceeding the MCL for nitrate is found, a second analysis shall be initiated within twenty-four hours, and if the mean of the two analyses exceeds the MCL, the supplier of water shall report his findings to the director pursuant to Sll-20-17 and shall notify the public pursuant to 511-20-18.

(e) Analyses conducted to determine compliance with Sll-20-3 shall be made in accordance with tQ~~ekng~~~ecified in 40 C.F.R., $141.23. [Eff. 12/26/81; comp MAK U (

} (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, $141.23, 5142.10)

20-18

Sll-20-10

Compliance with the MCL for coliform bacteria shall be determined on the monthly mean or quarterly mean basis specified in Sll-20-6 including those samples taken as a result of failure to maintain the required chlorine residual level. The director may withdraw approval of the use of chlorine residual substitution at any time. [Eff. 12/26/81; am and comp MAR n 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-~, 340E-9; 42 U.S.C. 5S300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5141.21, 5142.10)

Sll-20-10 Turbiditv sampling and analytical requirements. (a) Samples shall be taken by suppliers of water for public water systems using surface water sources in whole or in part. samples shall be taken at a representative entry point(s) to the water distribution system at least once per day, for the purpose of making turbidity measurements to determine compliance with 511-20-5. If the director determines that a reduced sampling frequency in a non-community system will not pose a risk to public health, the director can reduce the required sampling frequency. The option of reducing the turbidity frequency shall be permitted only in those public water systems that practice disinfection and which maintain an active residual disinfectant in the distribution system, and in those cases where the director has indicated in writing that no unreasonable risk to health existed under the circumstances of this option. The turbidity measurements shall be made by the Nephelometric Method in accordance with the recommendations set forth in "Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 214A, pp. 132-134; or Method 180.1-Nephelometric Method.

(b) If the result of a turbidity analysis indicates that the maximum allowable limit has been exceeded, the sampling and measurement shall be confirmed by resampling as soon as practicable and preferably within one hour. If the repeat sample confirms that the maximum allowable limit has been exceeded, the supplier of water shall report to the director within forty-eight hours. The repeat sample shall be the sample used for the purpose of calculating the monthly average. If the monthly average of the daily samples exceeds the maximum allowable limit, or if the average of two samples taken on consecutive days exceeds five TU, the supplier of water shall report to the director and notify the public as directp~Jn 511-20-17 and 511-20-18. [Eff. 12/26/81 am and comp MAt< 0 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS 55340E-2, 340E-9; 42 U.S.c. 55300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5141.22, 5142.10)

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(h) The director may prescribe reasonable conditions as part of any variance or exemption. (Eff. 12/26/81; comp

MAR n7199Z ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SSjla~-~ 340E-3, 340E-9; 42 u.s.c. SS300g-1, JOOg-2, JOOg-4, 300g-S; 40 C.F.R. Parts 141, 142, S141.4, 5142.10, 5142.20)

Sll-20-27 Public hearings on variances, variance schedules and exemption schedules. (a) Before a variance, variance schedule, or exemption schedule proposed by the director pursuant to 511-20-26 may take effect, the director shall provide notice and opportunity for public hearing on the variance, variance schedule or exemption schedule. A notice given pursuant to the preceding sentence may cover the granting of more than one variance, variance schedule or exemption schedule and a hearing held pursuant to such notice shall include each of the variances, variance schedules or exemption schedules covered by the notice. Such notice shall include a summary of the proposed variance, variance schedule or exemption schedule, and shall inform interested persons that they may submit written comments on the proposed variance, variance schedule or exemption schedule, and may request a public hearing.

(b) Public notice of an opportunity for hearing on a variance, variance schedule or exemption schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed variance, variance schedule or exemption schedule, and shall, in addition to compliance with HRS 592-41, include at least the following:

(1) Posting of a notice in the principal post office of each community or area served by the public water system, and publishing of a notice in a newspaper or newspapers of general circulation in the area served by the public water system; and

(2) Mailing of a notice to other appropriate state or local agencies at the director's discretion.

(c) Requests for hearing may be submitted by an interested person. Frivolous or insubstantial request for hearing may be denied by the director. Requests shall be submitted to the director within thirty days after issuance of the public notices provided for in Sl1-20-27(b). Such requests shall include the following information:

(1) The name, address and telephone number of the individual, organization or other entity requesting a hearing;

(2) A brief statement of the interest of the person making the request in the proposed variance, variance schedule or exemption schedule and of information that

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(2)

(c) exemption,

(l)

Sll-20-26

For the type of variance specified in Sll-20-20(b) such notice shall provide that the variance may be terminated at any time upon a finding that the nature of the raw water source is such that the specified treatment technique for which the variance was granted is necessary to protect the health of persona or upon a finding that the public water system has failed to comply with monitoring and other requirements prescribed by the director as a condition to the granting of the variance. For a variance specified in Sll-20-20(a)(l) or an

the director shall propose a schedule for: Compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance or each contaminant level and treatment technique covered by the exemption; and,

(2) Implementation by the public water system of such control measures as the director may require for each contaminant covered by the variance or exemption.

(d) The proposed schedule for compliance shall contain such conditions as the director may prescribe and shall specify dates by which steps towards compliance are to be taken, including, where applicable:

(l) Date by which arrangement for an alternative raw water source or improvement or existing raw water source will be completed.

(2) Date of initiation of the connection of the alternative raw water source or improvement of the existing raw water source.

(3) Date by which final compliance is to be achieved. (e) The proposed schedule for compliance for a variance

specified in Sll-20-20(a)(l) may, if the public water system has no access to an alternative raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the director.

(f) The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met.

(g) within one subsequent Sll-20-27.

The schedule shall be prescribed by the director year after the granting of the variance or exemption, to provision of opportunity for hearing pursuant to

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511-20-24

(6) Such other information as the director may require. (Eff. 12/26/81; am and comp MAR n7199? ] (Auth: HRS 55340E-2, 340E-9) (imp: 'kRS S5~40E-2, 340E-3, 340E-9; 42 U.s.c. 5S300q-l, 300q-2, 300q-S; 40 C.F.R. Parts 141, 142, 5141.4, 5142.10, 5142.20)

S11-20-25 Consideration of an exemption request. In his consideration of whether the public water system is unable to comply due to compelling factors, the director shall consider such factors as he determines to be relevant, including the following:

(1) Construction, installation, or modification of treatment equipment or public water systems.

(2) The time needed to put into operation a new treatment facility to replace an existing system which is not in compliance.

(3) Economic feasibility of compliance. [Eff. 12/26/81; am and comp MAR Q 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3, 340E-9; 42 u.s.c. SS300g-1, 300g-2, 300g-S; 40 C.F.R. Parts 141, 142, S141.4, 5142.10, 5142.20)

Sll-20-26 Disposition of a request for variance or exemption. (a) If the director determines that a request for a variance or exemption is inadequate or incomplete, he may deny the request. If he fails to act on a variance or exemption request within one hundred eighty days after the request is submitted, the request will be deemed to be granted.

(b) If the director proposes to grant a variance or exemption request submitted pursuant to 511-20-21 or 511-20-24, respectively, he shall notify the applicant of his decision in writing. Such notice shall identify the variance or exemption, the facility covered, and shall specify, as appropriate, the period of time for which the variance will be effective or the termination date of the exemption.

(1) For the type of variance specified in 511-20-20(a) or for an exemption, such notice shall also provide that the variance or exemption will be terminated when the public water system comes into compliance with the applicable regulation, and may be terminated upon a finding by the director that the public water system has failed to comply with any requirements of a final schedule issued pursuant to 511-20-28.

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511-20-24

(2) Susceptibility of the source to contamination and the source protection measures employed by the public water system. (Eff. 12/26/81; comp MAR Q 71992

) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3, 340E-9; 42 u.s.c. SS300g-1, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, 5141.4, Sl42.10, S142.20)

511-20-23 Requirements for an exemption. The director may exempt any public water system from any MCL requirement or any treatment technique requirement, or from both, of an applicable state primary drinking water regulation upon a finding that:

(1) Due to compelling factors (which may include economic factors), the public water system is unable to comply with such contaminant level or treatment technique requirement;

(2) The public water system was in operation on the effective date of such contaminant level or treatment technique requirement; and

(3) The granting of the exemption will not result in an unreas~~e rip~ to health. [Eff. 12/26/81; comp

lylAf< 07l!:J92 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3, 340E-9; 42 U.S.C. SS300g-1, 300g-2, 300g-5; 40 C.F.R. Parts 141, 142, Sl41.4, S142.10, 5142.20)

Sl1-20-24 Exemption request. A supplier of water seeking an exemption shall submit a written request to the director. Suppliers of water may submit a joint request for exemptions when they seek similar exemptions under similar circumstances. Any written request for an exemption or exemptions shall include the following information:

(1) The nature and duration of exemption requested. (2) Relevant analytical results of water quality sampling

of the public water system. (3) Explanation of the compelling factors such as time or

economic factors which prevent such public water system from achieving compliance.

(4) A proposed compliance schedule, including the date when each step toward compliance will be achieved.

(5) Any other information the applicant believes to be pertinent.

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Sll-20-21

(A) Data by which arrangement for alternative raw water source or for improvement of existing raw water source will be completed.

(B) Date by which the connection of the alternative raw water source or improvement of existing raw water source will be initiated.

(C) Data by which final compliance is to be achieved.

(4) A plan for the provision of safe drinking water in the case of an excessive rise in the contaminant level for which the variance is requested.

(5) A plan for interim control measures during the effective period of variance.

(d) For any request made under Sll-20-20(b) a statement that the public water system will perform monitoring and other reasonable requirements prescribed by the director as a condition to the variance.

(e) Any other information the applicant believes to be pertinent.

(f) Such other information as the director may require. [Eff. 12/26/81; am and comp MAR Q 71992 l (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3, 340E-9; 42 U.S.C. SSJOOg-1, 300g-4; 40 C.F.R. Parts 141, 141.4, 142, 5142.10, S142.20)

511-20-22 Consideration of variance request. (a) In his consideration of whether the public water system is unable to comply with a contaminant level requirement of a state primary drinking water regulation because of the nature of the raw water source, the director shall consider such factors as he considers to be relevant, including the following:

(1) The availability, effectiveness, and reliability of treatment methods for the contaminant for which the variance is requested.

(2) Coat and other economic considerations such as for implementing treatment, improving the quality of the source water or using an alternate source.

(b) In his consideration of whether a public water system should be granted a variance to a required treatment technique because such treatment is unnecessary to protect the public health, the director shall consider such factors as the following:

(1) Quality of the water source including water quality data and pertinent sources of pollution.

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Sll-20-21

(1) Because of characteristics of the raw water sources which are reasonably available to the public water system, the public water system cannot meet the MCL requirement despite application of the best technology, treatment techniques, or other means, which the director finds are generally available (taking costs into consideration); and

(2) The granting of a variance will not result in an unreasonable risk to the health of persons served by the public water system.

(b) The director may grant one or more variances to any public water system from any requirement of a specified treatment technique of an applicable state primary drinking water regulation upon a finding that the public water system applying for the variance has demonstrated that such treatment technique is not necessary to protect the health of persons because of the nature of the raw water source of such public water system. [Eff. 12/26/81; am and comp MAR 0 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3, 340E-9; 42 U.s.c. SS300g-l, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, Sl41.4, Sl42.10, Sl42.20)

S11-20-21 Variance request. A supplier of water seeking a variance shall submit a written request to the director. suppliers of water may submit a joint request for variances when they seek similar variances under similar circumstances. Any written request for a variance or variances shall include the following information:

(a) The nature and duration of variance requested. (b) Relevant analytical results of water quality sampling

of the public water system, including sampling of raw water relevant to the variance request.

(c) For any request made under S11-20-20(a): (1) Full discussion of, and supporting data regarding, the

best available treatment technology and techniques, including evidence of the inability of the public water system to comply despite the application of such technology and techniques.

(2) Economic and legal factors relevant to ability to comply.

(3) A proposed compliance schedule, including the date each step toward compliance will be achieved. Such schedule shall include as a minimum the following dates:

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511-20-19

Sll-20-19 Record maintenance. Any supplier of water of a public water system subject to the provisions of this chapter shall retain on its premises or at a convenient location near its premises the following recorda:

(a) Recorda of bacteriological analyses made pursuant to this chapter shall be kept for not less than five years. Recorda of chemical analyses made pursuant to this chapter shall be kept for not less than ten years. Actual laboratory reports may be kept, or data may be transferred to tabular summaries, provided that the following information is included:

(1) The date, place, and time of sampling, and the name of the person who collected the sample;

(2) Identification of the sample as to whether it was a routine distribution system sample, check sample, raw or process water sample or other special purpose sample;

(3) Date of analysis; (4) Laboratory and person responsible for performing

analysis; (S) The analytical technique or method used; and (6) The results of the analysis. (b) Records of action taken by the public water system to

correct violations of primary drinking water regulations shall be kept for a period not leas than three years after the last action taken with respect to the particular violation involved.

(c) Copies of any written reports, summaries or communications relating to sanitary surveys of the public water system shall be kept for a period of not less than ten years after completion of the sanitary survey involved.

(d) Records concerning a variance or exemption granted to the public water system shall be kept for a period ending not less than five years following the expiration of such variance or exemption.

(e) Records of any public notification made pursuant to 511-20-18 shall be kept for a period ending not less than five years following ~q~d~te1R~2such notification. (Eff. 12/26/81; am and comp r1AK U7 ~~. ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS 55340E-2, 340E-9; 42 u.s.c. 55300g-1, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, 5141.33, 5142.10, 5142.16)

511-20-20 Requirements for a variance. {a) The director may grant one or more variances to any public water system from any MCL requirement of an applicable state primary drinking water regulation upon a finding that:

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0

S11-20-1S

fluorosis, which is a serious bone disorder. Federal law also requires that we notify you when monitoring indicates that the fluoride in your drinking water exceeds 2.0 mg/1. This is intended to alert families about dental problems that might affect children under nine years of age. The fluoride concentration of your water exceeds this federal guideline. Fluoride in children's drinking water at levels of approximately 1 mg/1 reduces the number of dental cavities. However, some children exposed to levels of fluoride greater than about 2.0 mg/1 may develop dental fluorosis. Dental fluorosis, in its moderate and severe forms, is a brown staining and/or pitting of the permanent teeth. Because dental fluorosis occurs only when developing teeth (before they erupt from the gums) are exposed to elevated fluoride levels, households without children are not expected to be affected by this level of fluoride. Families with children under the age of nine are encouraged to seek other sources of drinking water for their children to avoid the possibility of staining and pitting. Your water supplier can lower the concentration of fluoride in your water so that you will still receive the benefits of cavity prevention while the possibility of stained and pitted teeth is minimized. Removal of fluoride may increase your water coats. Treatment systems are also commercially available for home use. Information on such systems is available at the address given below. Low fluoride bottled drinking water that would meet all standards is also commercially available. For further information, contact at 2 at your water system.

1public Water System (PWS) shall insert the compliance result which triggered notification under this part.

2Public Water System shall insert name, address and telephone number of a contact person at the PWS.

[Eff. 12/26/81; am and comp MAR 0 71992 HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, SS300g-1, 300g-2, 300g-3, 300g-4, 300g-6, Parts 141, 142, S141.32, Sl42.10)

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340E-6, 300j-4,

) (Auth: 340E-9; 42 U.S.C. 300j-9; 40 C.F.R.

1 528

Sll-20-18

their lifetimes. Chemicals which causa adverse effects in laboratory animals also may cause adverse health effects in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for para-dichlorobenzene at 0.075 milligrams per liter (mg/1) to reduce the risk of these adverse health effects which have been observed in laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(8) 1,1,1-Trichloroethana. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that the 1,1,1-trichloroethane is a health concern at certain levels of exposure. This chemical is used as a cleaner and degreaser of metals. It is generally gets into drinking water by improper waste disposal. This chemical has been shown to damage the liver, nervous system, and circulatory system of laboratory animals such as rats and mice when the animals are exposed at high levels over their lifetimes. Some industrial workers who were exposed to relatively large amounts of this chemical during their working careers also suffered damage to the liver, nervous system, and circulatory system. Chemicals which cause adverse effects among exposed industrial workers and in laboratory animals also may cause adverse health effects in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for 1, 1, !-trichloroethane at 0. 2 milligrams per liter (mg/1) to protect against the risk of these adverse health effects which. have been observed in humans and laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(9) Fluoride. The United States Environmental Protection Agency requires that we send you this notice on the level of fluoride in drinking water. The drinking water in your community has a fluoride concentration of 1 milligrams per liter (mg/1). Federal regulations require that fluoride, which occurs naturally in your water supply, do not exceed a concentration of 4.0 mg/1 in drinking water. This is an enforceable standard called a Maximum Contaminant Level (MCL), and it has been established to protect the public health. Exposure to drinking water levels above 4.0 mg/1 for many years may result in some cases of crippling skeletal

20-38

0

Sll-20-18

been associated with significant~y_increased risks of leukemia among certain industrial workers who were exposed to relatively large amounts of this chemical during their working careers. This chemical has also been shown to cause cancer in laboratory animals when the animals are exposed at high levels over their lifetimes. Chemicals that cause increased risk of cancer among exposed industrial workers and in laboratory animals also may increase the risk of cancer in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for benzene at 0.005 milligrams per liter (mg/1) to reduce the risk of cancer or other adverse health effects which have been observed in humans and laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(6) 1,1-Dichloroethylene. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that 1,1-dichloroethylene is a health concern at certain levels of exposure. This chemical is used in industry and is found in drinking water as a result of the breakdown of related solvents. The solvents are used as cleaners and degreasers of metals and generally get into drinking water by improper waste disposal. This chemical has been shown to cause liver and kidney damage in laboratory animals such as rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals which cause adverse effects in laboratory animals also may cause adverse health effects in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for 1, 1-dichloroethylene at 0.007 milligrams per liter (mg/1) to reduce the risk of these adverse health effects which have been observed in laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(7) Para-dichlorobenzene. The United States Environmental Agency (EPA) sets drinking water standards and has determined that para-dichlorobenzene is a health concern at certain levels of exposure. This chemical is a component of deodorizers, moth balls, and pesticides. It generally gets into drinking water by improper waste disposal. This chemical has been shown to cause liver and kidney damage in laboratory animals such as rata and mice when the animals are exposed to high levels over

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Sll-20-18

resins. It generally gets into drinking water from improper waste disposal. this chemical has been shown ~o cause cancer in laboratory animals such as rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the risk of cancer in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for 1,2-dichloroethane at 0.005 milligrams per liter (mg/1) to reduce the risk of cancer or other adverse health effects which have been observed in laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(4) Vinyl chloride. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that vinyl chloride is a health concern at certain levels of exposure. This chemical is used in industry and is found in drinking water as a result of the breakdown of related solvents. The solvents are used as cleaners and degreasers of metals and generally get into drinking water by improper waste disposal. This chemical has been associated with significantly increased risks of cancer among certain industrial workers who were exposed to relatively large amounts of this chemical during their working careers. This chemical has also been shown to cause cancer in laboratory animals when the animals are exposed at high levels over their lifetimes. Chemicals that cause increased risk of cancer among exposed industrial workers and in laboratory animals also may increase the risk of cancer in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for vinyl chloride at 0.002 milligrams per liter (mg/1) to reduce the risk of cancer or other adverse health effects which have been observed in humans and laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(5) Benzene. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that benzene is a health concern at certain levels of exposure. This chemical is used as a solvent and degreaser of metals. It is also a major component of gasoline. Drinkinq water contamination generally results from leakinq underqround gasoline and petroleum tanks or improper waste disposal. This chemical has

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0 0

Sll-20-18

exemptions and variances from maximum contaminant levels, and notices of violation of variance and exemption schedules, the supplier of water of a public water system shall include the language specified below for each contaminant.

(1) Trichloroethylene. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that trichloroethylene is a health concern at certain levels of exposure. This chemical is a common metal cleaning and dry cleaning fluid. It generally gets into drinking water by improper waste disposal. This chemical has been shown to cause cancer in laboratory animals such as rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the risk of cancer in humans who are exposed at lower levels over long periods of time. EPA has set forth the enforceable drinking water standard for trichloroethylene at 0.005 milligrams per liter (mg/1) to reduce the risk of cancer or other adverse health effects which have been observed in

·laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(2) Carbon tetrachloride. The United States Environmental Protection Agency (EPA) sets drinking water standards and has determined that carbon tetrachloride is a health concern at certain levels of exposure. This chemical was once a popular household cleaning fluid. It generally gets into drinking water by improper waste disposal. This chemical has been shown to cause cancer in laboratory animals such as rats and mice when the animals are exposed at high levels over their lifetimes. Chemicals that cause cancer in laboratory animals also may increase the risk of cancer in humans who are exposed at lower levels over long periods of time. EPA has set the enforceable drinking water standard for carbon tetrachloride at 0.005 milligrams per liter (mg/1) to reduce the risk of cancer or other adverse health effects which have been observed in laboratory animals. Drinking water which meets this standard is associated with little to none of this risk and should be considered safe.

(3) 1,2-Dichloroethane. The United states Environmental Protection Agency (EPA) sets drinking water standards and has determined that 1,2-dichloroethane is a health concern at certain levels of exposure. This chemical is used as a cleaning fluid for fats, oils, waxes, and

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Sll-20-18

notice, within three months of the violation or granting of the variance or exemption, by hand delivery or by continuous posting in conspicuous places with the area served by the public water system. Posting shall continue for as long as the violation exists or a variance or exemption remains in .effects. Notice by hand delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(B) In lieu of the requirements of subsections (b)(l) and (b)(2) of this section, the supplier of water of a non-community water system may give notice, within three months of the violation or the granting of the variance or exemption, by hand delivery or by continuous posting in conspicuous places within the area served by the public water system. Posting shall continue for as long as the violation exists, or a variance or exemption remains in effect. Notice by hand delivery shall be repeated at least every three months for as long as the violation exists or a variance or exemption remains in effect.

(c) The supplier of water of a community water system shall give a copy of the most recent public notice for any outstanding violation of any maximum contaminant level, or any treatment technique requirement, or any variance or exemption schedule to all new billing units or new hookups prior to or at the time service begins.

(d) Each notice required by thi~ section shall provide a clear and readily understandable explanation of the violation, any potential adverse health effects, the population at risk, the steps that the public water system is taking to correct such violation, the necessity for seeking alternative water supplies, if any, and any preventive measures the consumer should take until the violation is corrected. Each notice shall be conspicuous and shall not contain unduly technical language, unduly small print, or similar problems that frustrate the purpose of the notice. Each notice shall include the telephone number of the supplier of water for the public water system as a source of additional information concerning the notice. Where appropriate, the notice shall be multi-lingual.

(a) When providing the information on potential health effects required by subsection (d) of this section in public notices of violations of maximum contaminant levels, violations of treatment techniques, notices of issuance and continued existence of

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0

Sll-10-18

repeated at least every three months for as long as the violation or failure exists.

(B) In lieu of the requirements of subsections (a)(l) and (a)(2) of this section, the supplier of water of a non-community water system may give notice by hand delivery or by continuous posting in conspicuous places within the area served by the public water system. Notice by hand delivery or posting shall begin as soon as possible, but no later than 72 hours after the violation or failure for acute violations (as defined in subsection (a)(l)(C) of this section), or 14 calendar days after the violation or failure (for any other violation). Posting shall continue for as long as the violation or failure exists. Notice by hand delivery shall be repeated at least every three months for as long as the violation exists.

(b) The supplier of water who fails to perform the monitoring requirements, fails to comply with the testing procedures, or operates under a variance or exemption, shall notify person served by the public water system as follows:

(1) Except as provided in subsection (b)(3) or (b)(4) of this section, the supplier of water shall give notice within three months of the violation or granting of a variance or exemption by publication in a daily newspaper of general circulation in the area served by the public water system. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation serving the area.

(2) Except as provided in subsection (b)(3) or (b)(4) of this section, following the initial notice given under subsection (b)(l) of this section, the supplier of water shall give notice at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as long as the violation exists. Repeat notice of the existence of a variance or exemption shall be given every three months for as long ae the variance or exemption remains in effect.

(3) (A) In lieu of the requirements of subsection (b)(l) and (b)(2) of this section, the supplier of water of a community water system, in an area that is not served by a daily or weekly newspaper of general circulation shall give

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Sll-20-18

(B) By mail delivery (by direct mail or with the water bill), or by hand delivery, not later than 45 calendar days after the violation or failure. The director may waive mail or hand delivery if it determines that the supplier of water of the public water system in violation has corrected the violation or failure ~ithin the 45 calendar day period. The director shall make the waiver in writinq and within.the.45. calendar day period; and

(C) For violations of the MCLs of contaminants that may pose an acute risk to human health, by furnishinq a copy of the notice to the radio and television stations servinq the area served by the public water system as soon as possible but in no case later than 72 hours after the violation. The followinq violations are acute violations: (i) Violations determined. by the director as

posinq an acute risk to human health. (ii) Violation of the MCL for nitrate as

defined in Sll-20-J(b) and determined accordinq to Sll-20-ll(d).

(2) Except as provided in subsection (a)(3) of this section, following the initial notice given under subsection (a)(l) of this section, the supplier of water shall give notice at least once every three months by mail delivery (by direct mail or with the water bill) or by hand delivery, for as lonq as the violation or failure exists.

(3) (A) In lieu of the requirements of subsections (a)(l) and (a)(2) of this section, the supplier of water of a community water system in an area that is not served by a daily or weekly newspaper of qeneral circulation shall qive notice by hand delivery or by continuous postinq in conspicuous places within the area served by the public water system. Notice by hand delivery or posting shall begin as soon as possible, but no later than 72 hours after the violation or failure for acute violations (as defined in subsection (a)(l)(C) of this section), or 14 calendar days after the violation or failure (for any other violation). Posting shall continue for as lonq as the violation or failure exists. Notice by hand delivery shall be

20-32

e

Sll-20-18

{1) The first ten days following the month in which the result is received; or

{2) The first ten days following the end of the required monitoring period as stipulated by the director, whichever of these is shortest. ·

{b) Except where a different reporting period is specified in this part, the supplier of water shall report to the State within 48 hours the failure to comply with any primary drinking water regulations (including failure to comply with monitoring requirements) set forth in this part.

(c) The supplier of water need not report analytical results to the director in cases where a state laboratory performs the analysis and reports the results to the state office which would normally receive such notification from the supplier.

(d) The supplier of water, within ten days of completion of each public notification required pursuant to S11-20-18, shall submit to the director a representative copy of each type of notice distributed, published, posted, made available to the persons served by the public water system, and to the media.

(e) The supplier of water shall submit to the state within the time stated in the request copies of any records required to be maintained under S11-20-19 hereof or copies of any documents then in existence which the state or the administrator is entitled to inspect pursuant to the authority of P.L. No. 95-10, S1445, or HRS S340E. [Eff. 12/26/81; am and comp MAR Q 71992

] (Auth: HRS SS340E-2, 340E-9) {Imp: HRS SS340E-2, 340E-6, 340E-9; 42 U.s.c. SS300g-l, 300g-2, 300g-4; 40 C.F.R. Parts 141, 142, 5141.31, S142.10)

511-20-18 Public notification. (a) The supplier of water which fails to comply with an applicable MCL or treatment technique established by this part or which fails to comply with the requirements of any schedule prescribed pursuant to a variance or exemption, shall notify persons served by the public water system as follows:

(l) Except as provided in subsection {a){3) of this section, the supplier of water shall give notice: {A) By publication in a daily newspaper of general

circulation in the area served by the public water system as soon as possible, but in no case later than 14 calendar days after the violation. If the area served by a public water system is not served by a daily newspaper of general circulation, notice shall instead be given by publication in a weekly newspaper of general circulation serving the area; and

20-31

1 528

Sll-20-36

Sll-20-36 Reporting and public notification for certain unregulated contaminants. (a) The requirements of this section only apply to the contaminants listed in Sll-20-37.

(b) The supplier of water of a community water system or non-transient non-community water system who is required to monitor under Sll-20-37 shall send a copy of the results of such monitoring within 30 days of receipt and any public notice under subsection (d) of this section to the director.

(c) The director may furnish the following information to the Administrator for each sample analyzed under 511-20-37:

(1) Results ·of all analytical methods, including negatives;

(2) Name and address of the public water system that supplied the sample;

(3) Contaminant(s)J (4) Analytical method(s) used; (5) Date of sample; (6) Date of analysis. (d) The supplier of water shall notify persons served by

the public water system of the availability of the results of sampling conducted under 511-20-37 by including a notice in the first set of water bills issued by the public water system after the receipt of the results or written notice within three months. The notice shall identify a person and supply the telephone number to contact for information on the monitoring results. For surface water systems, public notification is required after the first quarter's monitoring and shall include a statement that additional monitoring shall be conducted for three more consecutive quarters and th~F~he r,A~~ts are available upon request. [Eff and comp

11AK 07 ~~t ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, JOE-9;; 42 u.s.c. SS300g-~, JOOg-3, JOOj-4, JOOg-6, 40 C.F.R. Parts 141, 142, SS141.35)

20-58

0

511-20-35

15th Edition, Method 311C, pp. 185-186; or "Annual Book of ASTM Standards," Method D1126-67 B; "Methods for Chemical Analysis of Water and Wastes" Method 215.2.

(6) Alkalinity--Methyl orange end point pH 4.5. "Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 403, pp. 253-257; or "Annual Book of ASTM Standards," Method D1067-70B; or "Methods for Chemical Analysis of Water and Wastes," Method 310.1.

(7) pH--"Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 423, pp. 402-408; or "Methods for Chemical Analysis of Water and Wastes," Method 150.1; or "Annual Book of ASTM standards," Method 01293-78 A or B.

(8) Chloride--Potentiometric Method, "Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 407-C, pp. 273-275 ••

(9) Sulfate--Turbidimetric Method, "Methods for Chemical Analysis of Water and Wastes," pp. 277-278, EPA, Office of Technology Transfer, Washington, D.c. 20460, 1974, or "Standard Methods for the Examination of Water and Wastewater," lSth Edition, Method 426C, pp. 439-440.

(d) Community water supply systems shall identify whether the following construction materials are present in their distribution system and report to the department:

(l) Lead from piping, solder, caulking, interior lining of distribution mains, alloys and home plumbing.

(2) Copper from piping and alloys, service lines, and home plumbing.

(3) Galvanized piping, service lines, and home plumbing. (4) Ferrous piping materials such as cast iron and steel. (5) Asbestos cement pipe. (6) In addition, the department may require identification

and reporting of other materials of .construction present in distribution systems that may contribute contaminants to the drinking water, such as: (A) Vinyl lined asbestos cement pipe. (B) Coal tar lined pipes and tanks. [Eff. 12/26/81;

am and comp MAR Q 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-1, 300g-2; 40 C.F.R. Parts 141, 142, S141.42, 5142.10)

20-57

1528

Sll-20-35

single aquifer may, with the director's approval, be considered onetreatment plant for determining the minimum number of samples.

(2) Determination of the corrosivity characteristics of the water shall include measurement of pH, calcium hardness, alkalinity, temperature, total dissolved solids (total filterable residue), and calculation of the Langelier Index in accordance with Sll-20-35(c). The determination of corrosivity characteristics shall only include one round of sampling (two samples per plant for surface water and one sample per plant for ground water sources). However, the director may require more frequent monitoring as appropriate. In addition, the director has the discretion to require monitoring for additional parameters which may indicate corrosivity characteristics, such as sulfates and chlorides. In certain cases, the Aggressive Index, as described in ll-20-3S(c), can be used instead of the Langelier Index; the supplier shall request in writing to the director and the director will make this determination.

(b) The supplier of water shall report to the department the results of the analyses for the corrosivity characteristics within the first ten days of the month following the month in which the sample results wer'e received. If more frequent sampling is required by the director, the supplier can accumulate the data and shall report each value within ten days of the month following the month in which the analytical results of the last sample was received.

(c) water shall

(1)

(2)

(3)

(4)

(5)

Analyses conducted to determine the corrosivity of the be made in accordance to th~ following methods: Langelier Index--"Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 203, pp. 57-60. Aggressive Index--"AWWA Standard for Asbestos-cement Pipe, 4 in. through 16 in. for Water and Other Liquids," AWWA C400-80, Revision of C400-77, AWWA, Denver, Colorado. Total Filtrable Residue--"Standard Methods for the Examination of Water and Wastewater," 15th Edition, Method 209B, pp. 93-94; or "Methods for Chemical Analysis of Water and Wastes," Method 160.1. Temperature--"Standard Methods for the Examination of Water and Wastewater,• 15th Edition, Method 212, pp. 124-125. Calcium hardness--EDTA Titrimetric Method "Standard Methods for the Examination of Water and Wastewater,"

20-56

e 0

511-20-35

may be required by the director to collect and analyze water samples for sodium more frequently in locations where the sodium content is variable.

(b) The supplier of water shall report to the director the results of the analyses for sodium within the first ten days of the month following the month in which the sample results were received or within the first ten days following the end of the required monitoring period as stipulated by the director, whichever of these is first. If more than annual sampling is required, the supplier shall report the average sodium concentration within ten days of the month following the month in which the analytical results of the last sample used for the annual average was received.

(c) The supplier of water shall notify appropriate local and state public health officials of the sodium levels by written notice by direct mail within three months. A copy of each notice required to be provided by this paragraph shall be sent to the director within ten days of its issuance.

(d) Analyses for sodium shall be performed by the flame emission photometric method in accordance with the procedures described in "Standard Methods for the Examination of Water and Wastewater," 15th Edition, pp. 231-233, or by Method 273.1, Atomic Absorption--Direct Aspiration or Method 273.2, Atomic Absorption--Graphite Furnace, in "Methods for Chemical Analysis of Water and Waste," EMSL, Cincinnati, EPA, 1979; or by Method D1428-64(a) in Annual Book of AStH~tA~tAaA, part 31, Water. [Eff. 12/26/81; am and comp IYIAK U ( I~Y~ ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, S141.41, 5142.10)

Sll-20-35 Special monitoring for corrosivity characteristics. (a) Suppliers of water· for community public water systems shall collect samples from a representative entry point to the water distribution system for the purpose of analysis to determine the corrosivity characteristics of the water.

(1) The supplier shall collect two samples per plant for analysis for each plant using surface water sources wholly or in part or more if required by the director; one during mid-winter and one during mid-summer. The supplier of the water shall collect one sample per plant for analysis for each plant using ground water sources or more if required by the ~irector. The minimum number of samples required to be taken by the public water system shall be based on the number of treatment plants used by the public water system, except that multiple wells drawing raw water from a

20-55

1528

511-20-31

she will comply with procedures acceptable to the department to ensure that the water to be delivered will not endanger the health of users. [Eff. 12/26/81; comp MAR Q 7 &992. l (Auth: HRS 55340E-2, 340E-9) (Imp: HRS 55340E-2, 340E-9; 42 U.s.c. 55300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5141.5, 5142.10)

511-20-32 Penalties and remedies. Any person who violates any provision of this chapter, or any variance or exemption issued pursuant thereto, shall be subject to enforcement action by the dii'ctor pursuant to HRS 5340E-8. [Eff. 12/26/81; comp

J1AR Q 71992 ( (Auth: HRS SS340E-2, 340E-9) (Imp: HRS 5S340E-2, 340E-7, 340E-8, 340E-9; 42 u.s.c. 55300g-1, 300g-2; 40 C.F.R. Parts 141, 142, 5142.10)

Sll-20-33 Entry and inspection. The director shall have the right:

(1) To enter premises on which any public water system is located;

(2) any public

(3) and

To inspect any equipment, operation, or sampling of water system;

To take water samples from any public water system;

(4) To have access to and copy any record required to be kePt.~ursuant to this chapter. (Eff. 12/26/81; am and comp

MAR Q 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS 55340E-2, 340E-9; 42 U.s.c. SS300g-l, 300g-2, JOOg-4; 40 C.F.R. Parts 141, 142, Sl42.10)

Sll-20-34 Special monitoring for sodium. (a) Suppliers of water for community public water systems shall collect and analyze one sample per plant at the entry point of the distribution system for the determination of sodium concentration levels; samples shall be collected and analyzed annually for public water systems utilizing solely surface water sources in whole or in part, and at least every three years for public water systems utilizing ground water sources. The minimum number of samples required to be taken by the public water system shall be baaed on the number of treatment plants used by the public water system, except that multiple wells drawing raw water from a single aquifer may, with the director approval, be considered one treatment plant for determining the minimum number of samples. The supplier of water

20-54

Sll-20-31

constructed in conformance with all applicable state laws and county ordinances relating to floods, tsunamis, earthquakes, and fires.

(B) Make arrangements as required by the department to inspect the public water system or modification at appropriate stages of construction or implementation.

(C) The department may require paiment of compensation for plan reviews and inspections.

(3) The department· shall not approve plans for a new public water system if it determines that the system, including any proposed treatment facilities, has not been designed to assure that the public water system will be capable of complying with the state primary drinking water regulations. The department shall not approve plans for any proposed substantial modification to an existing public water system if it determines that the modification may result in the water to be delivered by the public water system failing to comply with the state primary drinking water regulations. [Eff. 12/26/81; am and comp

MAR 0 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, 5141.5, S142.10)

511-20-31 Use of trucks to deliver drinking water. (a) Before any person, other than a county department of water or water supply, may use a truck to deliver drinking water to supply a public water system, such person shall first notify the department and shall comply with procedures specified by the department to ensure that the water to be delivered will not endanger the health of users of the water. Such procedures may relate to design and construction of the tank used to carry the water, to the prior use of the tank, to cleaning and disinfecting the tank, to monitoring of the quality of water delivered by the truck, or other appropriate requirements.

(b) The department may waive, with appropriate conditions, the above requirement of notification for a person who proposes to use a truck to deliver drinking water to supply a public water system on a regular basis, if satisfactory assurances that he or

20-53

1 528

Sll-20-30

before such modification, to become a public water system.

(3) Any person proposing physical modification to a public water system which increases the number of service connections or population served by the public water system shall consult with the department prior to commencement of such modification for a determination by the department whether the proposed modification is a "substantial modification" subject to the requirements of Sll-20-30.

(b) Review of plana by department: (1) The department shall review plans for all proposed new

and substantially-modified public water systems, except public water systems or modifications which are to be constructed by, or pursuant to a contract with, a county department of water or water supply, and public water systems or modifications which will be reviewed and approved by a county department of water or water supply pursuant to applicable county department of water or water supply rules and regulations, county subdivision ordinance, or other applicable law.

(2) Before any person may commence construction of a new public water system or substantial modification to an existing public water system, which public water system or modification is subject to review by the department pursuant to Sll-20-30(b)(l), that person shall: (A) Submit plans, specifications and supporting

information and documents to the department. Supporting information to be submitted for a new public water system shall include information on the quality of the raw water source and proposed treatment, if any, and information demonstrating that the public water system will be adequately operated and maintained. Supporting information to be submitted for a proposed modification to an existing public water system shall include analysis of the effect, if any, that the modification will have on the quality of water delivered by the public water system. Supporting information to be submitted for any new public water system or modification to an existing public water system shall include information demonstrating that the public water system or modifications will be located and

20-52

e

Sll-20-30

Sll-20-30 New and modified public water systems. (a) General requirements:

(1) No new or substantially modified existing public water system shall be used to deliver water to any user unless the supplier of water: (A) Has first obtained a certificate from the

department specifying that the director has examined the water intended to be delivered, the source of its supply, and the public water system of its distribution, and has determined that the public water system is capable of delivering water which will comply with the state primary drinking water regulations; and

(B) To the extent practicable, has avoided locating part or all of the new or substantially modified existing facility at a site which is subject to a significant risk from earthquakes, floods, tsunamis, fires, or other disasters which could cause a breakdown of the public water system or a portion thereof or which is, except for intake structures, within the floodplain of a hundred-year flood or is lower than any recorded high tide where appropriate records exist; and

(C) The department may waive issuance of the certificate required by Sll-20-JO(a)(l) when the appropriate county department of water or water supply has capability acceptable to the department to sample and analyze the water source and water to be delivered by the public water system such that the county department of water or water supply can satisfactorily demonstrate to the department that the public water system is capable of delivering water which will comply with the state primary drinking water regulations.

(2) For the purposes of Sll-20-30, a "substantial modification" shall include, but not be limited to, such things as: (A) Any physical modification to the source,

storage, collection, treatment, or distribution facilities of the public water system which is determined by the department to have an actual or potential significant impact on the quality of water delivered to users of the public water system; and

(B) Any modification which will cause an existing system, which is not a public water system

20-51

1528

Sll-20-28

evaluation of the physical, economic and social effects of implementing such control measures; and

(6) Such other data and information as the director may require.

(c) If the information submitted to the director by the person proposing to use the new water source fails to demonstrate to the director's satisfaction that the proposed new water source is not subject to actual or potential contamination such as may result in the water not complying with any state primary drinking water regulation or as may otherwise adversely affect the health of persons, the director, after consultation with appropriate state and county officials, may deny, or approve with conditions which he determines to be appropriate to protect the public health, use of the proposed new water source to supply a public water system. In deciding whether to approve or deny the proposed use, the director may:

(l) Hold a public hearing on the proposed use, which hearing shall be subject to the provisions of public notice and hearing provided in Sll-20-27 of these regulations; or

(2) Appoint a committee of such persons as he may determine to be appropriate to advise him in making his decision; or

(3) Take any other action which he may determine to be appropriate to obtain adequate data and information on which to base his decision.

(d) A county department of water or water supply may submit to the department a program plan for the development by the county of new water sources for public water systems. Such plan shall be sufficiently detailed to include the basic information required by 511-20-29, with special attention paid to projections of future land use and other activities as they may affect the susceptibility of the water source to contamination. When approved in writing by the director, the requirements of such program, rather than those of this Sll-20-29, shall govern the development of new sources of water for public water systems in that county to the extent iPV~r~d QX tPat program. [Eff. 12/26/81; am and comp lviAK U 7 1~9Z ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 u.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, 5142.10)

20-50

Sll-20-28

be in violation of any state primary drinking water regulation;

(2) Data relating to quality and quantity of the source waters under normal conditions and during stress periods or drought or heavy precipitation, as determined by field and laboratory analyses and investigations of available records; if records are not available or are inadequate to determine source quality under stress conditions, an estimate of expected quality and quantity during stress conditions should be established;

(3) If the proposed new water source is a surface source, identification of the: (A) Proximity and effects of sources of pollution

and the possibility of contamination due to operation of waste treatment facilities or waste disposal systems, accidental spills of hazardous materials, agricultural operations, and any other activities which could introduce contaminants into the water source;

(B) Factors affecting the time of travel of actual and potential pollution from its source to the water source;

(C) Actual and potential siltation problems; and (D) Possible effects on water quality from existing

or proposed upstream impoundments; (4) If the proposed new water source is a well, spring, or

infiltration gallery, identification of the: (A) Nature of soil and stratum overlaying the water

source, with special emphasis on identification of fissures and faults as it relates to the natural purification or treatment of percolating fluids from existing or future activities;

(B) Nature, distance, direction of flow and time of travel of contaminants from present and projected domestic, industrial, and agricultural sources of pollution, and waste injection wells and other waste disposal facilities; and

(C) The probability and effect of surface drainage or contaminated underground water entering the subject water source.

(5) For each present and projected potential source of contamination, identification and evaluation of alternative control measures which could be implemented to reduce or eliminate the potential for contamination of the water source, including treatment of the water source if subject to contamination, and

20-49

1528

Sll-20-28

(1) With respect to a variance or variance schedule confirm, revise or rescind the proposed variance or schedule as necessary;

(2) With respect to an exemption schedule, confirm or revise the proposed schedule as necessary.

(b) The exemption schedule referred to in Sll-20-28(a)(2) shall require compliance by the public water system with each contaminant level and treatment technique requirement prescribed as state regulations comparable to:

(1) Interim national primary drinking water regulations promulgated by the administrator pursuant to 40 C.F.R. Part 141, by no later than January 1, 1984; and

(2) Revised national primary drinking water regulations promulgated by the administrator pursuant to 40 C.F.R. Part 141, by no later than seven years after the effective date of such regulations.

(c) If the public water system has entered into an enforceable agreement to become a part of a regional public water system, as determined by the director, the schedule referred to in Sl1-20-28(a)(2) shall require compliance by the public water system with each contaminant level and treatment technique requirement prescribed by state regulations comparable to:

(l) Interim national primary drinking water regulations promulgated by the administrator pursuant to 40 C.F.R. Part 141, by no later than January 1, 1986; and

(2) Revised national primary drinking water regulations promulgated by the administrator pursuant to 40 C.F.R. Part 141, by no later than nine years after the effective q~~e of such regulations. [Eff. 12/26/81; comp MAR Q 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HR$ SS340E-2, 340E-3, 340E-9; 42 U.S.C. SSJOOg-1, 300g-2, 300g-4, 300g-S; 40 C.F.R. Parts 141, 142, S141.4, S142.~0, S142.20)

Sll-20-29 Use of new sources of raw water for public water systems. (a) No person shall use a new source of raw water to supply a public water system unless the source has been approved by the director.

(b) Any person proposing to use such a new raw water source shall submit plans and supporting data and information to the department. such data and information shall include the following:

(1) Identification of all significant factors having potential for contaminating or reducing the quality of the water source or which could cause the quality of water delivered to users of the public water system to

20-48

e 0

Sll-20-28

the requesting person intends to submit at such hearing; and

(3) The signature of the individual making the request, or, if the request is made on behalf of an organization or other entity, the signature of a responsible official of the organization or other entity.

(d) The director shall give notice in the manner sat forth in Sll-20-27(b) of any hearing to be held pursuant to a request submitted by an interested person cr on his·own motion. Notice of the hearing shall also be sent to the persons requesting the hearing, if any. Notice of the hearing shall include a statement of the purpose of the hearing, information regarding the time and location for the hearing, and the address and telephone number of an office at which interested parsons may obtain further information concerning the hearing. Notice of the hearing shall be given not less than fifteen days prior to the time scheduled for the hearing.

(e) A hearing convened pursuant to Sll-20-27(d) shall not be deemed to be a "contested case" hearing within the meaning of Chapter 91, Hawaii Revised Statutes. The hearing shall be conducted before a hearing officer to be designated by the director, or the director may conduct the hearing. The hearing shall be conducted by the hearing officer in an informal, orderly and expeditious manner. The hearing officer shall have authority to call witnesses, receive oral and written testimony and take such other action as may be necessary to assure the fair and efficient conduct of the hearing.

(f) The director may provide that the variance, variance schedule or exemption schedule shall become effective thirty days after notice of opportunity for hearing is given pursuant to Sll-20-27(b) if no timely request for hearing is submitted and the director does not determine to hold a publ.i,.1All.earins_ on his own motion. [Eff. 12/26/81; am and camp M~;f( 0 71~92 (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-3 1 340E-9; 42 U.S.C. SS300g-l, JOOg-2, JOOg-4, 300g-S; 40 C.F.R. Parts 141, 142, Sl41.4, Sl42.10, Sl42.20)

Sll-20-28 Final schedule. (a) Within sixty days after the termination of any public hearing held pursuant to Sll-20-27, the director shall, taking into consideration information obtained during such hearing, and other relevant information which shall include any written comments submitted pursuant to the public notice specified in Sll-20-27(a):

20-47

1 528

Sll-20-37

S11-20-37 Special monitoring for organic chemicals. (a) All community and non-transient non-community water systems shall monitor for the contaminants listed in subsection (e) of this section by date specified in Table 1:

TABLE 1

MONITORING SCHEDULE BY SYSTEM SIZE

Number of Persons Served

Over 10,000 3,300 to 10,000 Less than 3,300

Monitoring to Begin No Later Than

January 1, 1988 January 1, 1989 January 1, 1991

(b) Surface water systems shall sample at points in the distribution system representative of each water source or at entry points to the distribution system after any application of treatment.

(c) Ground water systems shall sample at points of entry to the distribution system representative of each well after any application of treatment. The minimum number of samples is one sample per entry point to the distribution syst~m.

(d) The director may require confirmation samples for positive or negative results.

(e) Community water systems and•non-transient non-community water systems shall monitor for the following contaminants except as provided in subsection (f) of this section:

Contaminant

(1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11)

Chloroform Bromodichloromethane Chlorodibromomethane Bromoform trans-1,2-Dichloroethylene Chlorobenzene m-Dich1orobenzene Dichloromethane cis-1,2-Dichloroethylene o-Dichlorobenzene Dibromomethane

20-59

CAS #

67-66-3 75-27-4 124-48-1 75-25-2 156-60-5 108-90-7 541-73-1 75-09-2 156-59-2 95-50-1 74-95-3

15-28

S11-20-37

Contaminant ~S#

(12) 1,1-Dichloropropene 563-58-6 (13) Tetrachloroethylene 127-18-4 (14) Toluene 108-88-3 (15) p-Xylene 106-42-3 (16) a-Xylene 95-47-6 (17) m-Xylene 108-38-3 (18) 1,1-Dich1oroethane 75-34-3 (19) 1,2-Dichloropropane 78-87-5 (20) 1,1,2,2-Tetrachloroethane 79-34-5 (21) Ethylbenzene 100-41-4 (22) 1,3-Dichloropropane 142-28-9 (23) Styrene 100-42-5 (24) Chloromethane 74-87-3 (25) Bromomethane 74-83-9 (26) 1,2,3-Trichloropropane 96-18-4 (27) 1,1,1,2-Tetrachloroethane 630-20-6 (28) Chloroethane 75-00-3 (29) 1,1,2-Trichloroethane 74-00-5 (30) 2,2-Dichloropropane 590-20-7 (31) o-Chlorotoluene 95-49-8 (32) p-Chlorotoluene 106-43-4 (33) Bromobenzene 108-86-1 (34) 1,3-0ichloropropene 542-75-6 (f) Analyses made to determine compliance with 511-20-37

shall be made in accordance with the method specified in 40 C.F.R. S141.40(g).

(g) The supplier of water may use monitoring data collected any time after January 1, 1983 to meet the requirements for unregulated monitoring, provided that the monitoring program was consistent with the requirements of this section. In addition, the results of EPA's Ground Water Supply Survey may be used in a similar manner for public water systems supplied by a single well.

(h) Monitoring for the following compounds is required if the director determines the public water system is vulnerable to contamination:

Contaminants

(1) (2) (3)

(4) (5)

(6)

1,2,4-Trimethylbenzene 1,2,4-Trichlorobenzene 1,2,3-Trichlorobenzene n-Propylbenzene n-Butylbenzene Naphthalene

20-60

CAS #

95-63-6 120-82-1 87-61-6 103-65-1 104-51-8 91-20-3

Sll-20-39

Contaminants CAS # (7) Hexachlorobutadiene 87-68-3 (8) 1,3,5-Trimethylbenzene 108-67-8 (9) p-Isopropyltoluene 99-87-6 (10) Isopropylbenzene 98-82-8 (11} Tert-butylbenzene 98-06-6 (12} Sec-butylbenzene 135-98-8 (13) Fluorotrichloromethane 75-69-4 (14} Dichlorodifluoromethane 75-71-8 (15) Bromochloromethane 74-97-5 (i) All community and non-transient non-community water

systems shall repeat the monitoring required in S11-20-37 no less frequently than every five years from the dates specified in Sll-20-37 (a).

(j) The supplier of water may composite up to five samples when monitoring for substances in S11-20-37je) and S11-20-37(h) of this section. [Eff and comp MAR U 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-1, 300g-2, 300g-3, 300j-4, 300g-6, 300j-9; 40 C.F.R. Parts 141, 142, 141.40)

S11-20-38 Additives. No direct additives for water treatment or indirect additives shall be added to a public water system unless approved by the Department of Health. Maximum dosage of direct or indirect additives may generally be permitted according to the manufacturers' recommendation. [Eff and comp

MAR Q 71992 ) (Auth: HRS SS340E-2, 340E-4, 340E-7, 340E-8) (Imp: HRS SS340E-2, 340E-4, 340E-7, 340-8)

Sll-20-39 Time requirements. (a} Community water systems serving seventy-five thousand or more individuals shall comply with the TTHM MCL set forth in S1l-20-4(c} by November 29, 1981. Community water systems serving ten thousand to seventy-four thousand nine hundred ninety-nine persons shall comply with the TTHM MCL by November 29, 1983.

(b) Community water systems serving seventy-five thousand or more persons shall begin monitoring for trihalomethanas before November 29, 1980. Community water systems serving ten thousand to seventy-four thousand nine hundred ninety-nine persons shall begin monitoring before November 29, 1982. Systems that plan to make significant modification to their treatment process for the purpose of complying with the TTHM MCL shall obtain department approval of their treatment modification plans.

20-61

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0

Sll-20-39

(c) Suppliers of community public water systems shall comply with 511-20-34 monitoring requirements by February 27, 1982. Said suppliers shall complete the first round of sampling and reporting by August 27, 1981.

(d) Suppliers of community public water systems shall comply with 511-20-35 monitoring requirements by Februar 27, 1982. Said suppliers shall comply completely with all requirements in S11-20-35 by August 27, 1983.

(e) All other duties imposed by this chapter apply immediately. [Eff. 12/26/81; ren Sll-20-37 and comp

MAR 0 71992 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 u.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, Sl41.6, Sl42.10)

Sll-20-40 Criteria and procedures for public water systems using point-of-entry devices. (a) Supplier of water may use point-of-entry devices to comply with maximum contaminant levels only if they meet all the requirements of this section.

(b) The supplier of water has the responsibility to operate and maintain the point-of-entry treatment system.

(c) The supplier of water shall develop and obtain director approval for a monitoring plan before point-of-entry devices are installed for compliance. Under the plan approved by the director, point-of-entry devices shall provide health protection equivalent to central water treatment. "Equivalent" means that the water would meet all primary drinking water regulations and would be of acceptable quality similar to water distributed by a well-operated central treatment plant. In addition to the vocs, monitoring shall include physical measurements and observations such as tdtal flow treated and mechanical condition of the treatment equipment.

(d) Effective technology shall be properly applied under a plan approved by the director and the microbiological safety of the water shall be maintained.

(1) The supplier of water shall provide certification of performance, field testing, and, if not included in the certification process, a rigorous engineering design review of the point-of-entry devices to the director.

(2) The design and application of the point-of-entry devices shall consider the tendency for increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and

20-62

511-20-43

Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised.

(e) All consumers shall be protected. Every building connected to the public water system ahall have a point-of-entry device installed, maintained, and adequately monitored. Every building shall be subject to treatment and monitoring, and that the rights and responsibilities of the public water aystem cuatomer •~A~ convex with title upon sale of property. (Eff and comp MAt< 0 719~2 ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-l, 300g-3, 300j-4, 300g-6, 300j-9; 40 C.F.R. Parts 141, 142, 141.100)

Sll-20-41 Use of other non-centralized treatment devices. The supplier of water shall not uae bottled water or point-of-use devices to achieve compliance with an MCL. Bottled water or point-of-use devices may be used on a temporary basis to avoid an unreasonable risk to health. (Eff and comp MAR Q 71992 (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.S.C. SS300g-l, 300g-3, 300j-4, 300g-6, 300j-9; 40 C.F.R. Parts 141, 142, 141.101)

Sll-20-42 Bottled water and point-of-use devices. (a) The director may require the supplier of water to use bottled water or point-of-use devices as a condition for granting an exemption from the requirements of S11-20-4(d).

(b) The supplier of water that uses bottled water as a condition of obtaining an exemption from the requirements of S11-20-4(d) shall meet the requirements set out in S11-20-43(f).

(c) The supplier of water that uses point-of-use devices as a condition for receiving an exemption shall meet the requirements se~out in S11-20-43(g). (Eff and comp

MAR 0 7199~ ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 u.s.c. SS300g-1, 300g-3, 300j-4, 300g-6, 300j-9; 40 C.F.R. Parts 141, 142, 142.56)

Sll-20-43 Variances from the maximum contaminant levels for synthetic organic chemicals. (a) The following ia the best technology, treatment techniques, or other meana available for achieving compliance with the maximum contaminant levels for synthetic organic chemicals: Removal uaing packed tower aeration; removal using granular activated carbon (except for vinyl chloride).

20-63

1528

Sll-20-43

(b) Community water systems and non-transient non-community water systems shall agree to install and/or use any treatment method identified in Sll-20-43(a) as a condition for granting a variance except as provided in subsection (c) of this section. If, after the supplier of water's installation of the treatment method, the public water system cannot meet the MCL, that supplier of water shall be eligible for a variance under the provisions of Sll-20-20.

(c) If a supplier of water can demonstrate through comprehensive engineering assessments, which may include pilot plant studies, that the treatment methods identified in Sll-20-43(a) would only achieve a de minimis reduction in contaminants, the director may issue a schedule of compliance that requires the supplier of water being granted the variance to examine other treatment methods as a condition of obtaining the variance.

(d) If the director determines that a treatment method identified in subsection (c) of this section is technically feasible, the director may require the supplier of water to install and/or use that treatment method in connection with a compliance schedule issued under the provisions of Sll-20-26. The director's determination shall be based upon studies by the supplier of water and other relevant information.

(e) The director may require a supplier of water to use bottled water or point-of-use devices or other means as a condition of granting a variance or an exemption from the requirements of Sll-20-4(d), to avoid an unreasonable risk to health.

(f) The supplier of water that use bottled water as a condition for receiving a variance or an exemption from the requirements of Sll-20-4(d) shall meet the following requirements in either subsection (f)(l) or (f)(2) of this section in addition to requirements in subsection (f)(3) of this section:

(1) The director shall require and approve a monitoring program for bottled water. The supplier of water shall develop and put in place a monitoring program that provides reasonable assurances that the bottled water meets all MCLs. The supplier of water shall monitor a representative sample of the bottled water for all contaminants regulated under Sll-20-4(d) the first three months that it supplies the bottled water to the public, and annually thereafter. Results of the monitoring program shall be provided to the director.

20-64

511-20-43

(2) The supplier of water shall obtain a certification from the bottled water company that the bottled water supplied has been 'taken from an "approved source" as defined in 21 C.F.R.129.3(a); the bottled water company has conducted monitoring in accordance with 21 C.F.R. 129.80(g)(1) through (3); and the bottled water does not exceed any MCLs or quality limits as set out in 21 C.F.R. 103.35, 110, and 129. The supplier of water shall provide the certification to the director the first three months after it supplies bottled water and annually thereafter.

(3) The supplier of water is fully responsible for the provision of a minimum quantity of bottled water to every person via door-to-door bottled water delivery.

(g) The supplier of water that uses point-of-use devices as a condition for obtaining a variance or an exemption from NPDWRs for volatile organic compounds shall meet the following requirements;

(l) The supplier of water has the responsibility to operate and maintain the point-of-use treatment system.

(2) The supplier of water shall develop a monitoring plan and obtain director approval for the plan before point-of-use devices are installed for compliance. This monitoring plan shall provide health protection equivalent to a monitoring plan for central water treatment.

(3) Effective technology shall be properly applied under a plan approved by the director and the microbiological safety of the water shall be maintained.

(4) The supplier of water shall•provide certification of performance, field testing, and, if not included in the certification process, a rigorous engineering design review of the point-of-use devices to the director.

(5) The design and application of the point-of-use devices shall consider the tendency for an increase in heterotrophic bacteria concentrations in water treated with activated carbon. It may be necessary to use frequent backwashing, post-contactor disinfection, and Heterotrophic Plate Count monitoring to ensure that the microbiological safety of the water is not compromised.

(6) All consumers shall be protected. Every building connected to the public water system shall have a point-of-use device installed, maintained, and adequately monitored. Every building is subject to

20-65

1528

Sll-20-43

e

treatment and monitoring, and that the rights and responsibilities of the public wate~ system customer shall convey ~A~ ~it+~ ~on.sale of property. [Eff and comp MAK U 7 H~9~_ ) (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-1, 300g-3, JOOj-4, JOOg-6, 300j-9; 40 C.F.R. Parts 141, 142, 142.62)

511-20-44 Sanitary surveys. All public water systems are subject to a sanitary survey by the director. [Eff and comp

MAR 0 71992 ) (Auth: HRS SS340E-2, 340E-4,340E-4.6, 340E-7, 340E-9) (Imp: HRS SS340E-2, 340E-2, 340E-4, 340E-4.6)

511-20-45 Severability clause. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions of applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. [Eff. 12/26/81; ren Sll-20-36 and comp MAR Q 71992 ] (Auth: HRS SS340E-2, 340E-9) (Imp: HRS SS340E-2, 340E-9; 42 U.s.c. SS300g-l, 300g-2; 40 C.F.R. Parts 141, 142, 5142.10)

20-66

The amendments to and compilation of Hawaii Administrative Rules, Title 11, Chapter 20, Potable water Systems, on the Summary Pa~e dated MAR Q 7 1qy·~i , were adopted on

-MA () 7 1992 , following a public hearing conducted on June 13, 1991 by means of a tele-video conference communication held on Oahu with simultaneous transmission to Hilo, Hawaii and Lihue, Kauai, after the public notice was printed in the Honolulu Advertiser, Hawaii Tribune-Herald, West Hawaii Today, Maui News, and Kauai Times, on April 24, 1991. Corrections were made in the Honolulu Advertiser on May 1, 1991 and Hawaii Tribune-Herald on May S, 1991.

These rules ten days after filing with the Office of the Lieutenant Governor.

APPROVED AS TO FORM:

FEB - 6 199"

APPROVED:

JOHN WAIHEE Governor State of Hawaii

Dated: __ f_EB_2_6_t_99_2 _____ _

FEB 261992 Filed

20-67

r-... )

l: 5 28

.. '

.. ~ I~~~··

)

A. Legal Authority

AIR POU..Ul10N CONTROL

STATE PERMIT SYSTEM

Clean Air Act Amendments of 1977, Public Law No. 95-95 Chapter 342, Hawaii Revised Statutes Administrative Rules, Title 11, Chapter 59, •Ambient Air Quality Standards,• and

Chapter 60, •Air Pollution Control•

B. Responsible Agency

Clean Air Branch Environmental Management Division Department of Health Five Waterfront Plaza, Suite 250 500 Ala Moana Boulevard Honolulu, Hawaii 96813

c. Applicability

Anyone engaged in or desiring to engage in operations which result or may result in air pollution is required to secure permits before construction, modification, operation or continued operation. Geothermal wells and geothermal power plants are required to obtain air pollution control permits.

D. Permit Requirements and Procedure

Applications for either an •Authority to Construcr or a •permit to Operate• are made to the Director of Health on forms provided by the Department.

The attached flowchart shows the permit processing procedure. The following is a brief description of the processing procedure (numbers correspond to the flowchart).

1. The applicant submits an Authority to Construct (ATC) application form to the Department providing information on the source and any appertaining control equipment. There is a filing fee except for government agenices.

2. The Department reviews the application for applicability. If the application is not complete, the applicant is requested to submit supplemental information.

Furthermore, if the source falls under federal EPA regulations, including Standards of Performance for New Stationary Sources (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS) or Prevention of Significant Deterioration (PSD), the applicant is so notified. The Department is delegated the authority from EPA to administer specific areas of these federal programs.

3. Applicant furnishes supplemental data to the Department.

4. The Department reviews the source for the following:

a. The source is designed, built and equipped in accordance with the best available control technology (BACl) if the regulated pollutants are emitted in significant amounts.

b. The source is designed to operate without causing a violation of applicable rules and ambient air quality standards.

c. For major sources or modifications, the federal prevention of significant deterioration (PSD) review requirements are met.

d. The source conforms to the public interest.

5. If the source is in compliance with 4. a - d, the applicant is issued an "Authority to Construct.•

The Director may provide for notice and an opportunity for public comment/hearing on the application and draft ATC if the public has shown an interest and if such comments would aid in the Director's decision.

6. Sixty (60) days prior to completion of construction, the Authority to Construct holder submits an application for "Permit to Operate• to the Department.

7. The applicant notifies the Department in writing of the completion of construction.

8. The Department schedules a site inspection to assure that the source is built in accordance with the A TC application and ATC permit.

If a performance test is required, the applicant conducts such a test within sixty (60) days after start-up of operations. The Department will monitor the test and review the test results.

9. The Department issues a "Permit to Operate• for periods of one to five years.

09/08/89

-2-

,...

-ATC: PTO: DOH: EPA:

Authority to Construct Permit to Operate Department of Health Environmental Protection

Agency 1.

AIR POLLUTION CONTROL

STATE PER~IT SYSTEM

Submittal of ATC Application

•

2. DOH review

U)

111 rc:s 0 co r-1 I

0 ("')

5.

8.

3.

I DOH issues

ATC

I

6.

7.

4.

DOH conducts site inspection

I

9.

2. Applicant informed t------.....;--1

Submittal of Supplemental Data

DOH review

5.

Submittal of PTO Application

Notification of construction completion

of EPA requirements

I Public comments/

hearing DOH issues ATC

I

~pplicant conducts 8. performance test

DOHreviews results I

DOH issues PTO

Note that if a source is subject to federal regulations, additional procedural requirements may be involved and the time frame for review and processing may be extended.

0 10

. """" -. , .... "" D ~~er OF WATER AND LAND DEVEOJNT

FROM: DATE: k 11 FILE IN:. ,, ----~~~~-------- ------------------~~---

M. TAGOMORI

A. Ching H. Sakai

2/V)_~:moto ~s: i1i;~moto

- S. Samuels

G. Matsumoto P. Matsuo N. Imada

N. Kaneshiro L. Asari

pe~

PLEASE:

See Me - e Action By

te to Your Branch_./ Review & Comment ~

- Draft Reply By - Acknowledge Re-c-e1.-p~t-- Xerox copies

Return File Mail

REMARKS:

-

.·

· ment of well·-· · , and a permit to · t>perate . is r prior to ·a well

being part of a ·othermal resource, · distribution system. Subsection · (fl

notes that this section will apply immediately to all existing and new wells. . · ·.

has been amend~th the latest · publication.

16. §11-60-23, Operation of monitoring · . · stations .. · Formerly §11-60-18 and

· · · renumbered. . 17. §11-60-24, Prevention of air pollution . . emergency episodes. Formerly §11-60- 1

19 and. renumbered. Added. subsection .. (dX7) setting a hydrogen sulfide alert .· level of one hundred thirty-nine ug/ :

. . m3 (0.10 ppm), one-hour average. i · : ,Added· subsection (e)(7) setting a ·

. . . hydrogen sulfide warning level of one I , thousand three hundred ninety ug/m3 '

. ' -. · · . (tO ppm), one-hour average. Added ~~~...._'' .,. ·. ·.< .•• sub~ction (f)(3)(G) setting a hydrogen

··\:•,·. ·.: ::: :; ... ' sulftde emergency level of thirteen·

; J!f~~f~Tf~~fffi~i~~~w~~~;~~~~~r~· · . . :·.thousand .. nine hundred ugtm3 (1o ·· ppm), one-hour average. · . · .. . ·.. .. 18. §11~60..25, Variances; §11-60..26, Penal~ · ". :;' ' · ··ties and · remedies; and §11-60-27

. Severability. Formerly §11-SQ-20, §11~ .·, '.· -~ . 60-21, and §11-60-22, respectively, and

renumbered. :. · · · Subchapter 3, Stationary Sources. · .· · · · ·. -~11-60-45, Public comment. Subsection (g), · whtch addresses written requests for noti.. fication of ~ending air ~rmit appJications, is , amended wtth the deletion of the sentence that "The request shall be filed on an annual calendar basis· and the request shall be' granted forthe·calendar year only." , · _Subchapter 4, Prevention of Significant Dele-

not consume .. , rioration Review. : . , . ·. ·. ·ments until the authority to construct · '·. §11-60-60, Exemptions. Amended subsec-. application is deemed complete. Sub- ttons {c) and (d) .. to correctly ··identify the

· section (e) emphasizes the air ~rmit exempted subsections. ' . . requirements for' Ule. power plant. . Inte~sted persons are invited to attend . Subsection (f} notes· that this section . the public hearings to make commentS and

becomes ·effective immediately . for , recomll\endations. oil the propased . revisions )ny powe;'. plant which has not begun · · to the rules, Persons desiring to testify are . actual copstructicin before .the effec-. : requested to submit two copies of their testi-

"' , tive da~e of this section. An existing ·. m~ny prior to o_r at the hearing. In addition, power plant or one which has begun ·. wntten -comments .• will be accepted . until

._., _ .actual construction is required to be ~ay 22. 1987 at the Environmental Protec-. .. . in_ compliance within twelve months tton a nit Health Services i Division, Attn: · · from the effective date_ of this· S;eC· . Environmental Permits Branch, Department ; . . . . tion. ... · , . ' . : , · . - . . of Health, P.O. Box 3378, Honolulu, HI 96801.

· ·.. 10. "fill itlT· Othe( gegth.er;maJ fasjligS. ' . . The . hearings will ~ heJd on the islands .. _ . . . ·Atf<reir seclion" to esfa51"'1Sii enusston .· '. accordmg to the followmg schedule:

· ' ' limits' for other; geothermal facilities~ . , · May 5, 7:00 p.m., Department of Health . riot covered in i section 11-60-15 and :::.: Conference Room, 3040 Umi Street, Lihue,

_. section '11-60-16. ·subsection (a) defines.:.· Kauai. · · · · · . · .. , , _ .. : .. o!~er geothermal facilities as any fa- · .. · May 6, 7:00 p.m., Washington Intermediate

.· · ctlity which uses. or is designed to use. . . School Cafetena, .1633 S. King Street, Hono-.· a geotherm~ resource. Su6section (b) · lulu, Oahu. . ·· . · . · . _ · sets the m.uunum allowable increase .. May 11, 6:00p.m, State· Conference Room,l

·· ·for hydrogen sulfide concentration in · · State Building, ,·75 Aupuni Street, Hilo, Ha- 1 t_he ambient air above the natural · waii. · _: . . · · 1

. : ba~kground'level.at thirty-liVe mien). .. _ May 12, JOO p.nL; First ·Hawaiian Bank 1 . , grams· per- cub1c meter (one-hour Co~ference Room, 74-5593 Palani Road,-j . average)· considering all stationary · .. Kallna-Kona, Hawaii:·· ·· · · . - : ' .· ·· .~ ": so~ in·:t~e area af~ected by the···· . May ~3, 6:30 p.m., Kahul~i Sch~l. Library,1 · . subject faciltty. · SubsectiOJl (c) clari- · .. · 410 S. _Hma Avenue, Kahulw, MauL _,'. ' · ·. .

·· ·' :• fies that' the :facility shall not con- ' Cop1es of the proposed rules and docu-J .. ··-- .->, siJin~. any. increment$. untiUhe au-; . ments ~xplaiiling .the Jlropo;!eci changes· niayJ :. , . ·: <thonty t& c<mstruct ~ppli@tion is: ~ obtamed .f~ the followmg offices: , 1 -~-· ·, .· . deemed- complete •. Su~seetion (d) .1. M;lw....Qffice ofChief Sanitarian, ne-·,;

·, _·,.: emphasizes. • the: air p~rmit require- · . . pa~t ,of llealth, 54 High Street, .. ~ ments fOI' a geothennal facill~. Sub- . ; Walluku... ·· ,; , . . : ·. . ·. · '·~ sectioD (f) oo«s that this seetion ~ 2. .Molokai...:.Department of Health, ·1

. co~~ eff~yei immediately .for any . · .. Uoolehua ReCreation Center, H.oole-1

. faetbty whtcb bas not . ·begun . actual ' hua. · . ·· · . · . · ' · : · , .· :1 ·construction before the effectiVe date · 3. Hawaii-::Offi~ of Chief .sanitarian, ~· of this section; An existing facility or· . . , Department. o_f Health,. 75. Aupuni' one· which has begun actual construe- · . . ·• Street; Hilo; or Deeartment of Healtb.1

. tion is required to be in compliance Waimea State· Building, Waimea; or :1 . within twelve months from the effec- · · Keakealani, Old Kona Hospital. Sani-j

· ,.. : tive date of this section. · · . · tation Branch;' Kealakekua. : ;.j , . 11. ill-60·18, Review of geothe~:mal - · 4. Kauai-Offi~ of Chief Sanitarian, De-;

rules. Added section requiring the re- · partment of Health, 3040 Umi Street; · view of the geothermal rules by the · ·· · Lihue. ·. · i > · · • .. . i . Director of Health no later. than July 5. Oahu-Staff Se~ices Office, _Environ-:"

1, 1992. · . mental Protection & Health Services t 12. §11·60-19, Malfunction of equipment · · Division, Department of Health, 1250 ·,

reporting. Formerly_ §11·60~18 and Punchbowl Street, _Honolulu, and , renumbered. · . Environmental Permtts Branch, 645 '

13. §U-60-20, Sampling, testing, and re- Halekauwi~a- Stree.t, 3rd Floor, Hono- : · porting methods.' Fonnerly §11-60·15 : lulu. . · · . · ,

. and '!'enumbered. Subsection (e) has Any person witb· a heating impairment' · been amended. requi~ing the owner or · desirin~ to attend:· t~e hearing m~y . request l

oper:ator of a Stationary source to the ~sststance of a stg~ language tnterpreter 1 retatn ~or thr~ years instead ot two provJded such req\ICSt ~s mad~ 72 hours prior •

yea~ •. information recorded and sum- • to the schedulect ~earmg. ThiS request may . m.arwng reports submitted .to the : be m~de by wnting to the Environmental .

Dtrector of Health. . Penruts Branch~ Department of Health, 645 · 14. §11-60-21, Public access to informa- ' · Halekauwila Street, 3rd Floor, Honolulu, HI • tion. Formerly §11-60-16 and·. renum- 96813 or by calling 5411-6410 (voice) or 543-,

bered. · . . - · . ··~ · 6210 (TOO). . · · · · · : 15. §11-60-22. .Air quality models: Fonn- :JOHN C. LEWIN, M.D ... ·. - . . ;

erly §11-60-17 and renumbered. The Director of Health reference on the air quality models (Hon. AdL Apr. 3, 1937)

.... \

,·

• •• § 11-60-23.2

Sections 11-60-23.1 Geothermal wells and 11-60-23.2 Geothermal power plants are proposed to be changed as follows. Sections 11-60-23.3 Other geothermal facilities and 11-60-23.4 Review of geothermal rules has been added.

§ 11-60-23.1 Geothermal wells. (a) A well as used in this section, section 11-60-23.2, and section 11-60-23.3 means any well which obtains, or is designed to obtain, a geothermal resource.

(b) During the exploration and developmental drilling stages, emissions controls shall be as follows:

(1) For particulate matter, best available control technology shall be applied at all times.

(2) For hydrogen sulfide, best available control technology shall be applied before unabated emissions from a well exceed eight and one-half pounds per hour.

(c) Prior to a well being part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, best available control technology shall be applied provided that emissions from the well shall not be in excess of eight and one-half pounds of particulates, and eight and one-half pounds of hydrogen . sulfide per hour. During well venting, however, best available control technology shall be applied without reference to a numerical limitation provided that, prior to commencement of the venting, the concurrence of the director is obtained and the public is notified.

(d) After a well is part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, emissions from the well shall be as follows:

(1) For any size of power plant or facility, hydrogen sulfide emissions from the well shall not be in excess of one hundred fifty grams per gross megawatt hour or eight and one-half pounds per hour, whichever is greater.

(2) For any size of power plant or facility, during periods of malfunction or regularly scheduled service, best available control technology shall be applied for hydrogen sulfide emissions without reference to a numerical limitation.

(e) The owner or operator of a well shall obtain authority to construct and permit to operate as follows:

(1) Prior to commencement of well drilling, authority to construct shall be obtained in conformance with subchapter 3, and if applicable, subchapter 4.

(2) Prior to a well being part of a distribution system which supplies geothermal resource to a power plant or facility which has commenced using the geothermal resource, a permit to operate shall be obtained in conformance with subchapter 3. [Eff. ] (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§11-60-23.2 Geothermal power plants. (a) A power plant as used in this section and section 11-60-23.1 means any power plant which uses or is

§11-60-23.2 e designed to use, a geothermal resource. A power plant as defined shall not include the well(s) supplying the geothermal resource to the power plant.

(b) Hydrogen sulfide emissions from a power plant shall be as follows:

(1) For any size of power plant, hydrogen sulfide emissions from a power plant shall not be in excess of one hundred fifty grams per gross megawatt hour or eight and one-half pounds per hour, whichever is greater.

(2) For any size of power plant, during periods of malfunction or regularly scheduled service, best available control technology shall be applied for hydrogen sulfide emissions without reference to a numerical limitation.

(c) The maximum allowable increase in hydrogen sulfide concentration in the ambient air aoove natural background level shall be thirty-five micrograms per cubic meter as· a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the power plant applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location.

(d) No power plant shall consume any part of the thirty-five ug/m3 maximum allowable increase until authority to construct application is certified complete by the director.

(e) The owner or operator of a power plant shall obtain authority to construct and permit to operate in conformance with subchapter 3, and if applicable, subchapter 4.

(f) This section shall be in effect immediately for any power plant which has not begun actual construction before the effective date of this section. An existing power plant or one which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Eff. ] (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§11-60-23.3 Other geothermal facilities. (a) A facility as used in this section and section 11-60-23.1 means any facility which uses or is designed to use, a geothermal resource. A facility as defined shall not include the well{s) supplying the geothermal resource to the facility.

(b) The maximum allowable increase in hydrogen sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during t~sting and routine maintenance, in the area affected by the facility applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location.

(c) No facility shall consume any part of the thirty-five ug/m3 maximum allowable increase until authority to construct application is certified complete by the director.

(d) The owner or operator of a geothermal facility shall obtain authority to construct and permit to operate in conformance with subchapter 3, and if applicable, subchapter 4.

....

• §11-60-23.4

(e) This section shall be in effect immediately for any facility which has not begun actual construction before the effective date of this section. An existing facility or one which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Eff.

] (Auth: HRS §§342-3, 342-22, 342-23) Omp: HRS §§342-3, 342-22, 342-23)

§11-60-23.4 Review of geothermal rules. The review of geothermal rules shall apply to section 11-60-23.1 Geothermal wells, section ll-60-23.2 Geothermal power plants, and section ll-60-23.3 Other geothermal

. ·facilities. The geothermal rules shall be reviewed within five years of the ·:effective date of these rules~ [Eff. · - ~ · : .··. -- J (Auth: HRS

' • §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§§11-60-24 to 11-60-30 (Reserved)

'l'he definition of "Gross Megawatt Hour"shall be added in section 11-60-1 . Definitions. The definition shall be placed after the definition for "Fugitive Emissions" and prior to the definition for "HRS" and shall read as follows:

05/86

"Gross Megawatt Hour" means the amount of electrical energy which could be realized per hour from the expected potential energy of the steam prior to any internal plant electrical requirements, as guaranteed by the turbine generator manufacturer.

George R. Arlyoshl G~vernor

NEWS RELEASE Release IEH 86-1

. , . .

• h' ~· (• E" H , E 0 : " ,_, ..._, I l

DEPARTMENT OP HEALTH DenisLau 548-6410

May 9,1986

. .:·:.·INFORMATIONAL MEETINGS REGARDING ~·~. :-

. PROPOSED AIR RULES TO BE HELD

The State Depar~ment of Health will hold informationai meetings regarding

the coal· and geothermal portions of the proposed changes to Chapter 60 of·

Title 11, Administrative Rules, Air Pollution Control. The changes to be di<s@ussed ·. . . . . . . . 0' -~·

....... .,

r~ntly r:\ at this meeting are proposed revisions to the administrative~~s

approved by the Governor and became effective on Apri114, 1986. ;::: "2 0· c,;O f'" _,

_.:.. -\ .s;;-c \"~'·\

~~- £ ~ .... ./: -·--p>- ~

IV_. 0__.. c; .rn . The informational meetings have been scheduled as follows:

Maui: May 21

Hawaii: May 22

Kauai: .May 29

Kahului Library 90 School Street Kahului

State Conference Room 25 Aupuni Street Hilo

District Health Office Conference Room 3040 Umi Street Lihue

""V~ ~90 ~

..

.All meetings are scheduled to begin at 7:00 p.m. Jim ~orrow, Chair of the

Air Advisory Committee, will present an overview of the changes. The meetings

will then be opened for questions and comments.

0

- -~··.--~-

0 Copies of the proposed changes are available through the Department of

Health district offices and may be obtained at the following locations:

Big Island

Department of Health 75 Aupuni Street Hilo, HI 96720

- · Kauai

· Department of Health 3040 Umi Street-

- -Lihue, Kauai, m 96766

Maui

-~ ----· ... Department of Health 54 High Street Wailuku, Maui, HI 96793

Oahu

.. '· ,,,.. ~.

Department of Health Environmental Permits Branch 645 Halekauwila Street, 3rd floor Honolulu, HI 96813

. -- .. ~ ... -. - .. ' . ·. -

.. . . ·- ~- ,_ . . . . . ~- ,•.

While these are not public hearings, anyone attending may provide comments

on the proposed changes. The purpose of the meeting is to review the proposed

changes and allow the public to provide input before the rules are finalized to go to

public hearing.

Public hearings will be held at a later date on the islands of Oahu, Maui,

Hawaii and Kauai.

• • AMENDMENTS TO PROPOSED GEOTI-IERMAL RULES

NOTES: I. Old Section 11-60-23.1 (a) unchanged 2. New Section ll-60-23.1(b) added 3. Old Section I 1-60-23.1 (b) renumbered & amended 4. Old Section n -60-23.1 (c) renumbered S. Old Section I 1-60-23.1 (d) renumbered & amended 6. Old Section I 1-60-23.1 (e) renumbered 7. Old Section ll-60-23.2(c) amended 8. . Old Section I l-60-23.3(b) amended

Section 11-60-23.1 Geothermal wells.


(I) For particulate matter, best available control technology shall be applied at all times.

(2) For hydrogen sulfide, best available control technology shall be applied before unabated emissions from a well exceed eight and onehalf pounds per hour.

(c) Prior to a well being part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, best available control technology shall be applied provided that emissions from the well shall not be in excess of eight and one-half pounds of particulates, and eight and one-half pounds of hydrogen sulfide per hour. During well venting, however, best available control technology shall be applied without reference to a numerical limitation provided that, prior to commencement of the venting, the concurrence of the director is obtained and the public is notified.


(I) Prior to commencement of well drilling, authority to construct shall be obtained in conformance with subchapter 3, and if applicable, subchapter 4.

• 0

-2-

(2) Prior to a well being part of a distribution system which supplies geothermal resource to a power plant or facility which has commenced using the geothermal resource, a permit to operate shall be obtained in conformance with subchapter 3.

Section 11-60-23.2 Geothermal power plants.

(c) The maximum allowable increase in hydrogen sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the power plant applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location.

Section 11-60-23.3 Other geothermal facilities.

(b) The maximum allowable increase in hydrogen sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the facility applying for authority to construct. The maximum allowable

· increase may be exceeded once per twelve-month period at any one location.

05/86

t ... ~ -" • • DRAFT

§11-60-23.2


§11-60-23.1 Geothermal wells. (a) A well as used in this section. section 11-60-23.2, and section 11-60-23.3 means any well which obtains, or is designed to obtain, a geothermal resource.


(1} For particulate matter, best available control technology shall be applied at all times.


(c) Prior to a well being part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, best available control techilology shall be applied provided that emissions from the well shall not be in excess of .eight and one-half pounds of particulates, and eight and one-half pounds of hydrogen sulfide per hour. During well venting, however, best available control technology shall be applied without reference to a numerical limitation provided that, prior to commencement of th~ venting, the concurrence of the director is obtained and the public is notified.

(d) After a well is part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, e~issions from the well shall be as follows:

(1) For any size of pqwer plant or facility, hydrogen sulfide . emissions from the ~rll shall not be in excess of one hundred fifty grams per gro~ megawatt hour or eight and one-half pounds per hour, whichever is greater.



(1) Prior to commencement of well drilling, authority to construct shall be obtained in conformance with subchapter 3, and if applicable, subchapter 4. .



MAY 12 1986

... • • §11-60-23.2

designed to use, a geothermal resource. A power plant as defined shall not include the well(s) supplying the geothermal resource to the power plant.

(b) Hydrogen sulfide emissions from a power plant shall be as follows:


(2) For any size of power plant, during periods of malfWlction or regularly scheduled service, best available control technology shall be applied for hydrogen sulfide emissions without reference to a numerical limitation.

_ (c) The _maximum allowable increase in hydrogen. sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the power plant applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location. · -. -. ·· (d) No- power plant shall consume any part of the thirty-five ug/m3 maximum allowable ·increase until authority to construct application is certified complete by the director. ·

· (e) The owner or operator of a power plant shall obtain authority to construct and permit to operate in conformance with subchapter 3, and if applicable, subchapter 4.

(f) This section shall be in effect immediately for any power plant which has not begun actual construction before the effective date of this section. An existing power plant or one which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Eff. 1 (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§11-60-23.3 Other geothermal facilities. (a) A facility as used in this section and section 11-60-23.1 means any facility which uses or is designed to use, a geothermal resource. A facility as defined shall not include the well(s) supplying the geothermal resource to the facility.

(b) The maximum allowable increase in hydrogen sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the facility applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location. ·

(c) No facility shall consume any part of the thirty-five ugfm3 maximum allowable increase until authority to construct application is certified complete by the director.


• • §11-60-23.4

(e) This section shall be in effect immediately for any facility which has not begun actual construction before the effective date of this section. An existing facility or one which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Eff.

) (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§ 11-60-23.4 Review of geothermal rules. The review of geothermal rules shall apply to section 11-60-23.1 Geothermal wells, section 11-60-23.2 Geothermal power plants, and section 11-60-23.3 Other geothermal facilities. The geothermal rules shall be reviewed within five years of the

· effective date of these rules. [Eff. · ] (Auth: HRS _§§342-3, 342-22, 342-23) Omp: HRS §§342-3,_342-22, 342-23)

§§11-60-24 to 11-60-30 (Reserved)

The definition of "GrosS Megawatt Hour" shall be added in section 11-60-1 Definitions. · The definition shall be placed after the definition for "Fugitive Emissions" and prior to the definition for "HRS" and shall read as follows:

05/86


• • AIR ADVISORY COMMITTEE RECOMMENDATIONS FOR

PROPOSED FUEL BURNING REGULATIONS (Final Committee Version)

1. Add the following definitions to §11-60-1.

·-·

· "Annual Capacity Factor" means the ratio of the actual annual heat input divided by the potential annual heat input of a fuel burning equipment.

"Potential Annual Heat Input" means the product of the maximum rated heat input capacity (megawatts or million BTU/hour) times 8, 760 hours per year.

. •.· ~- ~- . ' -:'--:-. . ,_ '

.. -... , "Biomass<Fuel Burning Boilers" means fuel burning equip~ent firing biomass fuel .. at an annual capacity factor greater than the combined annual capacity factor of all other solid fuels used in the same unit.

2. Add a new §11-60-9 Particulates from Coal and Coal Mixtures.

(a) In any fuel burning equipment installed prior to January 1, 198'1 with an annual capacity factor for coal exceeding 35 per cent, no person shall cause or permit the emission of particulate matter to exceed 0.4 pound per million BTU heat input from any coal or coal mixture.

(b) In any new fuel burning equipment having a heat input less than two hundred fifty million BTU per hour installed on or after January 1, 1987, no person shall cause or permit the emission of particulate matter to exceed 0.4 pound per million BTU heat input from any coal or coal mixture.

- (c) In any new fuel burning equipment having heat input equal to or greater than two hundred fifty million BTU per hour installed on or after January 1, 1987, no person shall cause or permit the emission of particulate matter to exceed 0.1 * pound per million BTU heat input from any coal or coal mixture.

3. Add a new §11-60-10 Sulfur Oxides from Fuel Combustion.

(a) No person shall burn in fuel burning equipment any fuel oil containing in excess of two per cent sulfur by weight except for fuel oil used in ocean-going vessels.

(b) No person operating fuel burning equipment having a power generating output in excess of twenty-five megawatts or a heat input rating based on fuel oil greater than two hundred fifty million BTU per hour shall burn any fuel oil containing in excess of 0.5 per cent sulfur by weight.

*This standard will change to comply with the anticipated change in the Federal NSPS particulate standard when promulgated.

4.

-2-

(c) In any fuel burning equipment having a heat input less than two hundred fifty million BTU per hour, no person shall cause or permit emission of sulfur dioxide to exceed 2.0 pounds per million BTU heat input from any coal or coal mixture.

(d) In any fuel burning equipment having a heat input equal to or greater than two hundred fifty million BTU per hour, no person shall cause or permit emission of sulfur dioxide to exceed 1.0 pound per million BTU heat input from any coal or coal

" mixture. · ~- · ·. · .. :.:-: · .. - ·. ·•: ·-. . ~- . - ,'.·· .. ..:2::': . . . ; . -., .: ~ .: . ·. ' .

-' : :- (e) The use of fuels not-addressed in ·this section may be,.allowed at'· the director's sole discretion if it can be demonstrated to the satisfaction of the director

· that the use of these fuels will not exceed specified or equivalent emission rates as stated in this section. The use of these fuels shall be subject to notice and opportunity for public comment.

. . -·· ..

In currently proposed §11-60-7, change title from "Non-fossil fuel burning boilers" to ''Biomass fuel burning boilers."

· . In subsection (a) of same section change "0.4 pound per hundred pounds of bagasse as burned" to "0.9 pound per million BTU heat input."

Delete subsection (b) of same section.

5. In currently proposed §11-60-8, subsection (a), change "non-fossil" to "biomass."

6. Renumber existing sections 11-60-10 (Storage of Volatile Organic Compounds) through 11-60-24.

May 1986

• • DRAFT § 11-60-23.2


§11-60-23.1 Geothermal wells.. (a) A well as used in this section, section 11-60-23.2, and section 11-60-23.3 means any well which obtains, or is designed to obtain, a geothermal resource.

(b) During. the exploration and developmental drilling stages, emissions controls shall be as follows:

(1} For particulate matter, best available control technology shall be applied at all times.


(c) Prior to a well being part of a distribution system which . supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, best available control technology shall be applied provided that emissions from the well shall not be in excess of eight and one-half pounds of particulates, and eight and one-half pounds· of hydrogen sulfide per hour. During well venting, however, best available control technology shall be applied without reference to a numerical limitation provided that, prior to commencement of the venting, the concurrence of the director is obtained and the public is notified.

(d) After a well is part of a distribution system which supplies a geothermal resource to a power plant or facility which has commenced using the geothermal resource, emissions from the well shall be as follows:

(1) For any size of p~wer plant or facility, hydrogen sulfide emissions from the well shall not be in excess of one hundred fifty grams per gros~, megawatt hour or eight and one-half pounds per hour, whichever is greater.



(1) Prior to commencement of well drilling, authority to construct shall be obtained in conformance with subchapter 3, and if applicable, subchapter 4.



MAY 1.2 1986

.. .. .

... ..• ·-.

• • §11-60-23.2

designed to use, a geothermal resource. A power plant as defined shall not include the well(s) supplying the geothermal resource to the power plant.

(b) Hydrogen sulfide emissions from a power plant shall be as follows: ·


(2) For any size of power plant, during periods of malfunction or regularly scheduled service, best available control technology shall be applied for hydrogen sulfide emissions without reference to a numerical limitation.

_ (c) The maximum allowable increase in hydrogen sulfide · C(;mcentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the power plant applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location •

. ' ·: - (d) No power plant shall consume any part of the thirty-five ug/m3 maximum allowable increase until authority to construct application is certified complete by the director. ·

· · · (e) The owner or operator of a power plant shall obtain authority to construct and permit to operate in conformance with subchapter 3, and if applicable, subchapter 4.

(f) This section shall be in effect immediately for any power plant which has not begun actual construction before the effective date of this section. An existing power plant or one which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Bff. 1 (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-31 342-22, 342-23)

§11-60-23.3 Other geothermal facilities. (a) . A facility as used in this section and section 11-60-23.1 means any facility whieh uses or is designed to use, a geothermal resource. · A facility as defined shall not include the well(s) supplying the geothermal resource to the facility.

(b) The maximum allowable increase in hydrogen sulfide concentration in the ambient air above natural background level shall be thirty-five micrograms per cubic meter as a one-hour average, considering all stationary sources, except geothermal wells during testing and routine maintenance, in the area affected by the facility applying for authority to construct. The maximum allowable increase may be exceeded once per twelve-month period at any one location.

(c) No facility shall consume any part of the thirty-five ugfm3 maximum allowable increase until authority to construct application is certified complete by the director.


'.. • • • • §11-60-23.4

(e) . This section shall be in effect immediately for any facility which has not begun actual construction before the effective date of this section. An existing facility or one ·which has begun actual construction before the effective date of this section shall be in compliance with this section within twelve months from the effective date of this section. [Eff.

] (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3, 342-22, 342-23)

§11-60-23.4 Review of geothermal rules. The review of geothermal rules shall apply to section 11-60-23.1 Geothermal· wells, section 11-60-23.2 Geothermal power plants, and section 11-60-23.3 Other geothermal facilities. The geothermal rules shall be reviewed within five years of the

· effective date of these rules. [Eff. 1 (Auth: HRS §§342-3, 342-22, 342-23) (Imp: HRS §§342-3,_342-22, 342-23)

§§11-60-24 to 11-60-30 (Reserved)

The definition of "Gros8 Megawatt Hour" shall be added in section 11-60-1 Definitions. · The definition shall be placed after the definition for "Fugitive Emissions" and prior to the definition for "HRS" and shall read as follows:

05/86


• DEPARTMENT OF HEALTH

Amendments to Chapter 11-59 Hawaii Administrative Rules

MAR 2 5 1986

SUMMARY

1. §11-59-4 is amended.

•

•

• • TITLE 11

DEPART~NT OF HEALTH

CHAPTER 59

AMBIENT AIR QUALITY STANDARDS

§11-59:-1 §11-59-2 Sll-59-3 §11-59-4 §11-59-5 §11-59-6 §ll-59-7

Purpose Definitions Reference conditions Aw~ient air quality standards Prohibition Penalties and remedies Severability

Historica·l Note: Chapter 59 of Title 11, AC!ministrative Rules, is based substantial1y.on Public Health Regulations, Chapter 42, Amb~ent Air Quality Standards, Department of Health, State of Hawaii. [Eff. 9/24/71: am 3/21/72; R NOV 2 9 1982 1

Sll-59-1 p·urpose. The ambient air quality standards of this chapter seek to protect public health and welfare and to prevent the significant deterioration of air quality. [Eff. NOV 2 9 1982 1 (Auth: 42 u.s.c. §§7410, 7416; 40 C.F.R. Part 51; HRS §§342-3, 342-22) (Imp: 42 U.S.C. §§7407, 7409, 7410, 7416; 40 C.F.R. Part 51; HRS §342-22)

§11-59-2 D'efinitions. As used in this chapter: "Ambient air" means the general outdoor atmosphere

to which the public has access. "Reference method" means a method of sampling and

analyzing the ambient air which the u.s. Environmental Protection Agency (EPA) specifies as a reference or an equivalent method, or absent EPA specifications, a method

.of sampling and analysis that the state director of health specifies as a reference. [Eff. rtov. 29:. 1982 ] (Auth: 42 U.S.C. §§7410, 7416, 40 C.F.R. Part 51; HRS §§342-3, 342--22) (Imp: 42· u;s.c. §§7407, 7409, 7410, 7416, 40 C.F.R. Part 51; HRS §342-22)

e 0 Sll.-59-3

Sl.l-59-3 Reference conditions. All measurement ~~al.yses shall correct results to a reference temperature of twenty-fLve d~grees centigrade and a reference pressure of 760. millimeters of mercury. (Eff. Nov .. 29,. 1982 } (Auth: 42 U.S.C. §§7410, 7416; 40 C.F .. R .. Part 51; HRS S§342-3, 342-22) (Imp: 42 U.S.C. §§7407, 7409, 7410, 7416; 40 C:F.R. Part 51; HR~.§342~22)

§11-59-4 ~ient air quality standards. (a) Interpretation .. -The numerical' ambient air quality standards below limit the time-averaged ~oncentration of specified pollutants dispersed.or suspended in the ambient air of the state, but these standards C!o not in any manner authorize the significant deterioration of existing-air qua1ity in any portion of the_state ..

(b) Application. Limiting concentrations specified for a twelve-month period shall not be exceeded. Limitina concentrations specified for periods less_ than twelve · ~ months shal~ not be exceeded more than once in any twelvemonth period.

(c) Carbon monoxide.. :rn the ambient air the concentration of ca~bon monoxice measured by a reference method sha11 not exceed:

(1) An average value 9f ten m~l1igrams per cubic tneter of air during.any one hour period.,

(2) An average value of five milligrams per cubic meter of air during any eight-hour period.

(d) Nitrogen dioxide.. In the ambient air the average concentration of nitrogen dioxide measured by a reference method during any twel.ve-month period shall. not exceed seventy micrograms per cubic meter of ai~.

(e) Suspended particulate matter.. In the arr~ient· air the concentration of suspended particulate matter measured by a reference method shall not exceed:

(1) An average value of fiftyfive micrograms per cubic meter of air during any t"vel.ve-month period. .

(2) An average value of 100 micrograms per cubic meter of air during ·any twenty-four hour period~

(~) Ozone.. In the ambient air the average concentration of ozone measured by a reference method during any one-hour pe~iod shall not exceed 100 micrograms per cubic metex: of air.

(g) Sulfur. dioxide. rn the ambient air the average concentration of su~fur dioxide measured by a reference method shall not exceed:

59-2

• • §11-59-7

(1) An average value of twenty micrograms per cubic meter of air in any twe1vemonth period.

(2) An average value of eighty micrograms per cubic meter of air in any twentyfour hour period.

(3) An average value of 400 micrograms per cubic meter of air in any three-hour period.

(h) Lead. In the ambient air the average concentration of lead measured as e1emental lead by a reference method during any calendar quarter shall not exceed 1.5 micrograms per cubic meter of air. [Eff. Nov. 29,.1982 1 {Auth: 42 u.s.c. §§7410, 7416; 40 C.F.R. Part 51; HRS §§342-3, 342-22) (Imp: 42 u.s.c. §§7407, 7409, 7410, 7416; 40 C.P.R. Part 51; HRS §342-22)

§11-59-5 Prohibition. No person, as defined in HRS §342-1, sfiall cause, or allow, or contribute to a violation of any ambient air quality standard set forth in this chapter. [Eff. Nov. 29,. 1982 ] (Auth: 42 U.S.C. §§7410, 7416; 40 C.P.R. Part 51;

HRS §§342-3, 342~22) {Imp: 42 U.S.C. §§7407, 7409, 7410, 7416; 40 C.P.R. Part 51; HRS §342-22)

§11-59-6 Penalties and remedies. Any person who violates any prov~s~ons of §11-59-5 is liable for penalties and remedies as provided for in Hawaii Revised Statutes, Chapter 342. [Eff.Nov. 29~ 19821 (~uth: 42 U.S.C. §§7410, 7416; 40 C.P.R. Part 51;

HRS §§342-3, 342-22) (Imp: 42 U.S.C. §§7407, 7409, 7410, 7416; 40.C.P.R. Part 51; HRS §342-22)

§11-59-7 Severability. If any provision of this chapter, or its application thereof to any persons or circumstances, is he1d invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances, shall not be affected thereby. [Eff. Nov. 29=t 1982 1 (Auth: 42 U.S.C §§7410, 7416; 40 C.P.R. Part 51; HRS §§342-3, 342-22) .(Imp: 42 U.S.C. §§7407, 7409, 7410, 7416; 40 C.P.R. Part 51; HRS §342-22)

59-3

..

• • The Department of Health authorized the repeal

of Chapter 42, Public Health Regulations, and the adoption of Chapter 59 of Title 11, Administrative Rules on Ambient Air Quality Standards, following public hearing held on Oahu on February 24, 1982, on Hawaii on February 17, 1982, on Kauai on March 2, 1982, on ~~ui on February 16, 1982, after public hearing notice was given in the Honolulu Advertiser on January 12, 1982, in the Hawaii Tribune-Herald on January 12, 1982, in the Garden Isle on January 14-, 1982, and in the Maui News on January 15, 1982.

Chapter 59 of Title 11, Administrative Rules and the repeal of Chapter 42, Public Health Regulations, shall take effect ten days after filing with the Office of the Lieutenant Governor. ·


~, ..... ::¥ CHARLES G. CLARK Director Department of Health

Dated: October 29 2 1982

APPROVED:

Dated: //- /J?- yz,--

-co r. ·-=P Attorney Genera

Filed: November 19, 1982 ~ ~

Effective Date: Hovember~9~ ..<,

_....., ,= 0 <:. -~ 1~

'=s: --l'"l N

Cl 0 ~ ...... ~ 0 ~ eft 0 -n -n -~

-• •

§11-59-4

Sll-59-4 Ambient air quality standards. (a) The numerical ambient air quality standards below limit the time-averaged concentration of specified pollutants dispersed or suspended in the ambient air of the State, but these standards do not in any marmer authorize the significant deterioration of existing air quality in any portion of the State.

(b) Limiting concentrations specified for a twelve-month period or a calendar quarter shall not be exceeded. Limiting concentrations specified for one-hour, three-hour, eight-hour, and twenty-four-hour periods shall not be exceeded more than once in any twelve-month period.

(c) In the ambient air the concentration of carbon monoxide measured by a reference method shall not exceed:

(1) An average value of ten milligrams per cubic meter of air during any one-hour period.

(2) An average value of five milligrams per cubic meter of air during any eight-hour period.

(d) In the ambient air the average concentration of nitrogen dioxide measured by a reference method during any twelve-month period shall not exceed seventy micrograms per cubic meter of air.

(e) In the ambient air the concentration of suspended particulate matter measured by a reference method shall not exceed:

(1) A geometric mean of sixty micrograms per cubic meter of air during any twelve-month period.

(2) An average value of one hundred fifty micrograms per cubic meter of air during any twenty-four-hour period.

(f) In the ambient air the average concentration of ozone measured by a reference method during any one-hour period shall not exceed one hundred micrograms per cubic meter of air.

(g) In the ambient air the average concentration of sulfur dioxide measured by a reference method shall not exceed:

(1) An average value of eighty micrograms per cubic meter of air in any twelve-month period.

(2) An average value of three hundred sixty-five micrograms per cubic meter of air in any twenty-four-hour period.

(3) An average value of one thousand three hundred micrograms per cubic meter of air in any three-hour period.

(h) In the ambient air the average concentration of lead measured as elemental lead by a reference method during any calendar quarter shall not exceed 1.5 micrograms per cubic meter of air. [Eff. November 29, 1982; am APR 1 4 1986 ) (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7410, 7416; 40 C.P.R. Parts 50, 51) (Imp: HRS §342-22; 42 U.S.C. §§7407, 7409, 7410, 7416; 40 C.P.R. Parts 50, 51)

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• • HAWAII ADMINISTRATIVE RULES

TITLE 11

DEPARTMENT OF HEALTH

CHAPTER 60

AIR POLLUTION CONTROL

Subchapter 1 Prohibitions and General Requirements

Sll-60-1 Sll-60-2 Sll-6Q-3 Sll-60-4 Sll-60-5 §11-60-6 Sll-60-7 Sll-60-8 Sll-60-9 §11-60-10 §11-60-11 §11-60-12 §11-60-13 §11-60-14 §11-60-15 §11-60-16 §11-60-17 §11-60-18 §11-60-19 §11-60-20 §11-60-21 §11-60-22

§§11-60-23

Definitions Prohibition of air pollution Visible emissions Control of motor vehicles Fugitive dust Incineration Non-fossil fuel burning boilers Process industries Sulfur oxides from fuel combustion Storage of volatile organic compounds Volatile organic compound water separation Pump and compressor requirements Waste gas disposal Malfunction of equipment reporting Sampling, testing, and reporting methods Public access to information Air quality models Operations of monitoring stations Prevention of air pollution emergency episodes Variances Penalties and remedies Severability to 11-60-30 (Reserved)

Subchapter 2 Open Burning

§ 11-60-31 Control of open burning . §11-60-32 Agricultural burning, permit requirement §11-60-33 Agricultural burning, applications §11-60-34 Agricultural burning, "no-burn" days S11-60-35 Agricultural burning, record keeping and monitoring Sll-60-36 Agricultural burning, action on application

§§11-60-37 to 11-60-39 (Resetved)

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0 §11-60-1

Subchapter 3 Stationary Sources

§11-60-40 §11-60-41 §11-60-42 §11-60-43 §11-60-44 §11-60-45 §11-60-46 §11-60-47 §11-60-48 §11-60-49 §11-60-50 §11-60-51 §11-60-52 §11-60-53 §11-60-54

§§11-60-55

Applicability Conditions for considering applications Applications Fees Fee schedule Public comment Action on application Permit conditions Period of permit Holding of permit Transfer of pernii t · Temporary sources

'·

Cancellation of authority to construct Suspension, revocation, and modification Reporting discontinuance to 11-60-58 (Reserved)

0

Subchapter 4 Prevention of Significant Deterioration Review

§11-60-59 Source applicability S 11-60-60 Exemptions §11-60-61 Additional conditions for considering applications §11-60-62 Additional information to be submitted with applications §11-60-63 Ambient air increments §11-60-64 Redesignation

Historical Note: Chapter 60 of Title 11, Administrative Rules, is based substantially on Public Health Regulations, Chapter 43, Air Pollution Control, Department of Health, State of Hawaii. [Eff. 3/21/72, am 9/13/72, 1/15/73, 2/13/76; R 11/29/82]

SUBCHAPTER 1

PROHIBITIONS AND GENERAL REQUIREMENTS

§11-60-1 Definitions. As used in this chapter: "Actual emissions" means the actual rate of emissions of a pollutant

from an emissions unit. (1) In general, actual emissions as of a particular date shall equal

the average rate in tons per year at which the unit actually

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• • Sll-6D-l

emitted the pollutant during a two-year period which precedes the particular date and which is representative of normal source operation. The director shall allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period;

(2) The director may presume that the source specific allowable emissions for the unit are equivalent to the actual emissions of the unit;

(3) For any emissions unit which has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.

"Agricultural burning" means open outdoor fires used in agricultural operations, growing of crops, raising of fowls or animals, forest management, or range improvements.

"Agricultural operation" means a bonafide agricultural activity with a license to engage in business, but shall not include school or governmental agricultural activities.

"Air pollutant" means smoke, charred paper, dust, soot, grime, carbon, noxious acids, fumes, gases, odors, particulate matter, or any combination of these.

"Air pollution" has the same meaning as in section 342-21, HRS. "Allowable emissions" means the emissions rate of a stationary

source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

(1) The applicable standards set forth in the Standards of Performance for New Stationary Sources or the National Emission Standards for Hazardous Air Pollutants;

(2) Any applicable federally enforceable provisions of this chapter including those with a future compliance date; or

(3) The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

"Ambient air" means the general outdoor atmosphere. "BTU" means British thermal unit. "Baseline area" means any intrastate area (and every part thereof),

designated as attainment or unclassifiable under the Clean Air Act in which the major stationary source or major modification establishing the baseline date would construct or would have an air quality impact equal to or greater than one ugfm3 (annual average) of the pollutant for which the baseline date is established. ·

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• • Sll-60-1

"Baseline concentration" means that ambient concentration level which exists in the impact area at the time of the applicable baseline date.

(1) A baseline concentration is determined for each pollutant for which a baseline date is established and shall include: (A) The actual emissions representative of sources in

existence on the applicable baseline date, except as provided in paragraph (2);

(B) The allowable emissions of major stationary sources which commenced construction before January 6, 1975 but were not in operation by the applicable baseline date.

(2) The following shall not be included in the baseline concentration and will affect the applicable maximum allowable increase or increases: (A) Actual emissions from any major stationary source on

which construction commenced after January 6, 1975; and (B) Actual emissions increases and decreases at any

stationary source occurring after the baseline date. "Baseline date" means the earliest date after August 7, 1977 on which

the first complete application is submitted by a major stationary source or major modification subject to the prevention of significant deterioration review rules of this chapter or EPA PSD regulations, whichever is earlier. The baseline date is established for each baseline area for each pollutant for which increments or other equivalent measures have been established if:

(1) The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under the Clean Air Act for the pollutant on the date of its complete application; and

(2) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.

"Begin actual construction" means in general, initiation of physical on-site construction activities which are of a permanent nature. Those activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in the method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.

"Best available control technology" means an emissions limitation (including a visible emission standard) based on the maximum degree of reduction for a pollutant which would be emitted from any proposed stationary source or modification which the director on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for that source or modification

60-4

•

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• • §11-60-1

through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel ·combustion techniques for control of that pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable Standards of Performance for New Stationary Sources and the National Emission Standards for Hazardous Air Pollutants. lf",,tba.., •. Gir.ector <!etermines that technologi~.or.economic li.mUations on the..appli.oation.ef measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible; a design, equipment, work practice, or operational standard, or a combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. The standard, to the degree possible, shall set forth the emissions reduction achievable by implementation of the design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

"Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the "Standard Industrial Classification Manual, 1972," as amended by the 1977 Supplement (U.S. Government Printing Office stock numbers 4101-0066 and 003-005-00176-0, respectively).

"Clean Air Act" means the federal Clean Air Act (42 U.S.C. 7401 et seq.) as in effect on date of adoption ( MAR 2 5 1986 ).

"Commence" as applied to construction of a stationary source or modification means that the owner or operator has all necessary preconstruction approvals or permits and either has:

(1) Begun, or caused to begin a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

(2) Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

"Complete" means, in reference to an application, that the application has been properly and fully answered, and timely submitted together with all fees and all required or requested information including tests, analyses, reports, maps, diagrams and other data, and that all other processing steps and requirements have been timely complied with.

60-5

e • §11-60-1

"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) which would result in a change in actual emissions.

"Department" means the department of health of the State of Hawaii.

"Director" means the director of health of the State of Hawaii or a duly authorized agent, officer, or inspector.

"Effluent water separator" means any tank, box, sump, or other container in which any volatile organic compounds floating on or entrained or contained in water entering such tank, box, sump, or other container is physically separated and removed from that water prior to outfall, drainage, or recovery of that water.

"Emission" means the act of releasing or discharging air pollutants into the ambient air from any source.

"Emissions unit" means any part ot" a stationary source which emits or may emit any pollutant subject to regulation under the Clean Air Act, chapter 11-59, administrative rules, or this chapter.

"Emission limitation" means a requirement established by the director or the EPA administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

"EPA" means the United States Environmental Protection Agency as established by title 40 of the code of federal regulations, part 1.1 et seq.

"EPA PSD regulations" means the federal regulations for the prevention of significant deterioration of air quality contained in title 40 of the code of federal regulations, section 52.21 as in effect on date of adoption ( MAR 2 5 1986 ).

"Federal land manager" means, with respect to any lands in the United States, the Secretary of the department with authority over those lands.

"Federally enforceable" means all limitations and conditions which are enforceable by the EPA administrator, including those requirements developed pursuant to the Standards of Performance for New Stationary Sources or the National Emission Standards for Hazardous Air Pollutants, any permit requirements established pursuant to EPA PSD regulations, and any applicable provisions of this chapter approved by EPA administrator as part of the Hawaii state implementation plan.

"Fuel-burning equipment" means any furnace, boiler, apparatus, stack, and all appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat or power by heat transfer.

"Fugitive dust" means uncontrolled emission of solid airborne particulate matter from any source other than combustion.

60-6

•

• • Sll-60..:1

"Fugitive emissions" means those em1ss1ons which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

"HRS" means Hawaii Revised Statutes. "Impact area" means the largest area in a baseline area in which a

major source or major modification would have an air quality impact equal to or greater than the concentrations listed below for the pollutant for which a baseline date is established.

Sulfur dioxide Annual average Twenty-four-hour average Three-hour average

Total suspended particulate Annual average Twenty-four-hour average

Nitrogen dioxide Annual average

Carbon monoxide

one ug/m3 five ugfm3 twenty-five ug/m3

one ug/m3 five ugfm3

one ug/m3

Eight-hour average 0.5 mgfm3 One-hour average two mgfm3

"Mgfm3" means milligrams per cubic meter. "Major modification" means any physical change in or change in the

method of operation of' a major stationary source that would result in a significant net emissions increase of any pollutant subject to regulation under the Clean Air Act.

(1) Any net emissions increase that is considered significant for volatile organic compounds shall be considered significant for ozone.

{2) A physical change or change in the method of operation shall not include: {A) Routine maintenance, repair, and replacement, such that

replacement does not constitute reconstruction; {B) Use of an alternative fuel or raw material by reason of an

order under sections 2{a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (15 USCS §§791 et. seq.) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act (16 USCS SS79la et. seq.);

{C) Use of an alternative fuel by reason of an order or rule under the Clean Air Act;

(D) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

60-7

Sll-60-1 • •

(E) Use of an alternative fuel or raw material by a stationary source located in an attainment area which: (i) The source was capable of accommodating before

January 6, 1975, unless the change would be prohibited under any federally enforceable permit condition which was established after January 6, 1975; or

(ii) The source is approved to use under any permit issued pursuant to EPA PSD regulations by EPA or pursuant to the prevention of significant deterioration review rules of this chapter;

(F) An increase in the hours of operation or in th.e production rate, unless such change is prohibited under any federally enforceable permit condition which was established after January 6, 1975; or

(G) Any change in ownership at a stationary source. "Major stationary source" means: (1) Any of the following sources of air pollutants which emits, or

has the potential to emit, one hundred tons per year or more of any pollutant subject to regulation under the Clean Air Act: Fossil fuel-fired steam electric plants of more than two hundred fifty million British thermal units per hour heat input, coal cleaning plants (with thermal dryers), kraft pulp mills, portland cement plants, primary zinc smelters, iron and steel mill plants, primary aluminum ore reduction plants, primary copper smelters, municipal incinerators capable of charging more than two hundred fifty tons of refuse per day, hydrofluoric, sulfuric, and nitric acid plants, petroleum refineries, lime plants, phosphate rock processing plants, coke oven batteries, sulfur recovery plants, carbon black plants (furnace process), primary lead smelters, fuel conversion plants, fossil fuel boilers (or combination thereof) totaling more than two hundred fifty million British thermal units per hour heat input, petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels, taconite ore processing plants and charcoal production plants.

(2) Notwithstanding the stationary source size specified in paragraph (l) any stationary source which emits, or has the potential to emit two hundred fifty tons per year or more of any air pollutant subject to regulation under the Clean Air Act; or

(3) Any physical change that would occur at a stationary source not otherwise qualifying under paragraphs (l) and (2) as a major

60-8

• • Sll-60-1

stationary source, if the changes would constitute a major stationary source by itself.

(4) A major stationary source that is major for volatile organic compounds shall be considered major for ozone.

"Modification" means any physical change to or change in the method of operation, including switching to a fuel with a higher sulfur or ash content, of a stationary source which changes the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted.

"NAAQS" means any National Ambient Air Quality Standards contained in title 40 of the code of federal regulations, part 50 as in effect on date of adoption ( MAR 2 5 1!186 ).

"National EmissiorCStandards for Hazardous Air Pollutants" means any federal emission standards contained in title 40 of the code of federal regulations, part 61 as in effect on date of adoption ( MAR 25 1996 ).

"Necessary preconstruction approvals or permits" means those permits or approvals under federal air quality control laws and regulations, and this chapter.

"Net emissions increase" means the amount by which the sum of any increase in actual emission from a particular physical change or change in method of operation at a stationary source and any other increases and decreases in actual emissions at the source that are contemporaneous with the particular change and are otherwise creditable exceeds zero.

(1) An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between: (A) The date five years before construction on the particular

change commences; and (B) The date that the increase from the particular change

occurs. (2) An increase or decrease in actual emissions is creditable only if

the director or EPA administrator has not relied on it in issuing any permit which is still in effect for the source under the prevention of significant deterioration review rules of this chapter or EPA · PSD regulations when the increase in actual emissions from the particular change occurs.

(3) An increase or decrease in actual emissions of sulfur dioxide or particulate matter which occurs before the applicable baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

60-9

• • Sll-60-1

(4) An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

(5) A decrease in actual emissions is creditable only to the extent that: (A) The old level of actual emissions or the old level of

allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(B) It is federally enforceable at and after the time that actual construction on the particular change begins; and

(C) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

(6) An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed one hundred eighty days.

"Opacity" means a state which renders material partially or wholly impervious to rays of light and causes obstruction of an observer's view.

"Open burning" means the burning of any matter in such a manner that the products of combustion resulting from the burning are emitted directly into the ambient air without passing through an adequate stack or flare.

"Ppm" means parts per million by volume. "Particulate matter" means any material, except water in

uncombined form, that is or has been airborne and exists as a liquid or a solid at standard conditions.

"Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state, any other state or political subdivision or agency thereof or any legal successor, representative, or agency of the foregoing.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source.

"Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major

60-10

• • Sll-60-1

modification, but do not come from the major stationary source or major modification itself. For the purpose of this chapter, secondary emissions shall be specific, well defined, quantifiable, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come direcUy from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

"Significant" means: (1) In reference to emissions of any of the following pollutants, a

rate of emissions that would equal or exceed any of the following rates:

Pollutant and Emissions Rate Carbon mono~ide: one hundred tons per year (tpy) Nitrogen oxides: forty tpy Sulfur dioxide: forty tpy Particulate matter: twenty-five tpy Ozone: forty tpy of volatile organic compounds Lead: 0.6 tpy Asbestos: 0.007 tpy Beryllium: 0.0004 tpy Mercury: 0.1 tpy Vinyl chloride: one tpy Fluorides: three tpy Sulfuric acid mist: seven tpy Hydrogen sulfide (H2S): ten tpy Total reduced sulfur (H2S, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide): ten tpy Reduced sulfur compounds (H2S, carbon disulfide and carbonyl sulfide): ten tpy

(2) In reference .to emissions of a pollutant subject to regulation under the Clean Air Act that paragraph (1) does not list, any emissions rate.

(3) Notwithstanding paragraph (1), any emissions rate or any net emissions increase associated with a major stationary source or major modification which would construct within ten kilometers of a class I area, and have an impact on such area equal to or greater than one ugfm3 (twenty-four-hour average).

"Smoke" means the gaseous products of burning carbonaceous materials made visible by the presence of small particles of carbon.

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• • Sll-60-1

"Source" means any property, real or personal, which emits or may emit any air pollutant.

''Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

"Standards of Performance for New Stationary Sources" means any federal emission standards contained in title 40 of the code of federal regulations, part 60 as in effect on date of adoption ( MAR 2 5 1<1~ · ).

"Stationary source" means any building, structure, facility, or installation which emits or may emit any air pollutant subject to regulation under the Clean Air Act, chapter 11-59, administrative rules, or this chapter.

"Submerged fill pipe" means any fill pipe the discharged opening of which is entirely submerged when the liquid level is six inches (fifteen centimeters) above the bottom of the tank; or when applied to a tank which is loaded from the side, shall mean any fill pipe the discharge opening is eighteen inches (forty-five centimeters) above the bottom of the tank.

"Ugfm3" means micrograms per cubic meter. "Volatile organic compound" means any compound containing carbon

and hydrogen or carbon and hydrogen in combination with other elements. Volatile organic compound excludes: methane; ethane; methylene chloride; 1, 1, 1 - trichloroethane (methyl chloroform); trichlorotrifluoroethane (CFC-113) (Freon 113); trichlorofluoromethane (CFC-11 ); dichlorodifluoromethane ( CF C-12); chlorodifiuorom ethane ( CF C-2 2); trifiuoromethane (FC-23); dichlorotetrafluoroethane (CFC-114); and chloropentafluoroethane (CFC-115). [Eff. November 29, 1982; am and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-\3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-2 Prohibition of air pollution. No person shall engage in, cause, allow, or maintain any activity which causes air pollution without first securing written approval from the director. Exemption from the requirement of authority to construct or permit to operate shall not relieve the person from fully complying with all applicable provisions of this chapter and with all applicable state and county laws or rules, or federal laws and regulations. [Eff. November 29, 1982; am, ren §11-60-2 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7 407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

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• • 511-60-4

511-60-3 Visible emiSSIOns. (a) Visible emission restrictions for stationary sources which commenced construction or were in operation before March 21, 1972.

(1) No person shall cause or permit the emission of visible air pollutants of a density equal to or darker than forty per cent opacity, except as provided in paragraph (2).

(2) A person may discharge into the atmosphere from any single source of emission, for a period aggregating not more than six minutes in any sixty minutes, air pollutants of a density not darker than sixty per cent opacity when building a new fire or when breakdown of equipment occurs.

(b) Visible emission restrictions for stationary sources, the construction, modification, or relocation of which commenced after March 20, 1972.

(1) No person shall cause or permit the emission of visible air pollutants of a density equalto or darker than twenty per cent opacity, except as provided in paragraph (2).

(2) A person may discharge into the atmosphere from any single source of emission, for a period aggregating not more than six minutes in any sixty minutes, air pollutants of a density not darker than sixty per cent opacity when building a new fire or when breakdown of equipment occurs.

(c) Compliance shall be determined by procedures for evaluating actual opacity readings as described in "Guidelines for Evaluation of Visible Emission" (EPA Document No. EPA.,.340/l-75-007, Aprill975).

(d) Exceptions for uncombined water. The provisions of subsections (a) and (b) shall not apply to any emission which, except for the presence of uncombined water, such as condensed water vapor, would not be in violation of those provisions. [Eff. November 29, 1982; am, ren 511-60-3 and comp. APR 1 4 1986 1 (Auth: HRS 5§342-3, 342-22; 42 U.S.C. 5§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §5342-3, 342-22; 42 U.S.C. 557407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-6D-4 Control of motor vehicles. (a) No gasoline-powered motor vehicle shall be operated which emits visible smoke while upon streets, roads, and highways.

(b) No diesel-powered motor vehicle shall be operated which emits visible smoke for a period of more than five consecutive seconds while upon streets, roads, and highways.

(c) No person shall cause, suffer, or allow to keep any engine in operation while the motor vehicle is stationary at a loading zone, parking, or servicing area, route terminal, or other off street areas, except:

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• 0 §11-60-4

(1) During adjustment or repairing of the -engine at a garage or similar place of repair;

(2) During operation of ready-mix trucks, cranes, hoists, and certain bulk carriers, or other auxiliary equipment built onto the vehicle or equipment that require power take-off from the engine, provided that there is no visible discharge of smoke and the equipment is being used and operated for the purposes as originally designed and intended. This exception shall not apply to operations of air conditioning equipment or systems;

(3) During the loading or unloading of passengers, not to exceed three minutes;

(4) During the buildup of pressure at the start-up and cooling down at the closing down of the engine for a period of not more than three minutes.

(d) No person shall remove, dismantle, fail to maintain, or otherwise cause to be inoperative any equipment or feature constituting an operational element of the air pollution control system or mechanism of a motor vehicle as required pursuant to the provisions of the Clean Air Act except as permitted or authorized by law. [Eff. November 29, 1982; am, ren Sll-60-4 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-5 Fugitive dust. (a) No person shall cause or permit any materials to be handled, transported, or stored; or a building, its appurtenances, or a road to be constructed, altered, repaired, or demolished without taking reasonable precautions, as approved by the director, to prevent particulate matter from becoming airborne. Examples of some reasonable precautions are:

(l) Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land;

(2) Application of asphalt, water, or suitable chemicals on roads, materials stockpiles, and other surfaces which can give rise to airborne dusts;

(3) Installation and use of hoods, fans, and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;

(4) Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts;

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(5) Conduct of agricultural operations such as tilling of land, application of fertilizers, etc. in such manner as to minimize airborne dust;

(6) The paving of roadways and their maintenance in a clean condition; and

(7) The prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means.

(b) Except for persons engaged in agricultural operations or persons who can demonstrate to the director that best practical operation or treatment is being implemented, no person shall cause or permit the discharge of visible emissions of fugitive dust beyond the lot line of the property on which the emissions originate. [Eff. November 29, 1982; am, ren Sll-60-5 and comp. APR 1 4 S86 1 (Auth: HRS SS342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS SS342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-6 Incineration. (a) No person shall cause or permit the emission from any incinerator of particulate matter to exceed 0.20 pounds per one hundred pounds (two grams per kilogram) of refuse charged.

(b) Emission tests shall be conducted at maximum burning capacity of the incinerator.

(c) The burning capacity of an incinerator shall be the manufacturer's or designer's guaranteed maximum rate or such other rate as may be determined by the director in accordance with good engineering practices. In cases of conflict, the determination made by the director shall govern.

(d) For the purposes of this chapter, the total of the capacities of all furnaces within one system shall be considered as the incinerator capacity. [Eff. November 29, 1982; am, ren Sll-60-6 and comp. APR 14 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-7 Non-fossil fuel burning boilers. (a) No person shall cause or permit the emissions of particUlate matter from each bagasse burning boiler and its drier or driers in excess of 0.4 pound per hundred pounds of bagasse as burned. The bagasse combustion rate shall be determined using the procedures described in "Method to Calculate Bagasse Combustion Rate" (Hawaiian Sugar Planters' Association, December 26, 1975) and "Correction of the Flue Gas Rate for Scrubber Moisture" (Hawaiian Sugar Planters' Association, August 31, 1976).

60-15

• • Sll-60-7

(b) No person shall cause or permit the emissions of particulate matter from other non-fossil fuel burning boilers in excess of 0.4 pound per hundred pounds of non-fossil fuel as burned. [Eff. November 29, 1982; am, ren Sll-60-7 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-8 Process industries. (a) No person shall cause or permit the emission of particulate matter in any one hour from any stack or stacks, except for incinerators and non-fossil fuel burning boilers in excess of the amount shown in table 8-1 for the process weight rate allocated to such source.

(b) Process weight per hour is the total weight of all materials introduced into any specific process that may cause any emission of particulate matter through any stack or stacks. Solid fuels charged shall be considered as part of the process weight, but liquid and gaseous fuels and combustion air shall not. For a cyclical or batch operation, the process weight per hour shall be derived by dividing the total process weight by the number of hours in one complete operation from the beginning of any given process to the completion thereof, excluding any time during which the equipment is idle. For a continuous operation, the process weight per hour shall be derived for a typical period of time by the number of hours of the period.

(c) Where the nature of any process or operation or the design of any equipment is such as to permit more than one interpretation of this chapter, the interpretation that results in the minimum value for the allowable emission shall apply.

(d) For purposes of this chapter, a process is any method, reaction, or operation whereby materials introduced into the process undergo physical or chemical change. A specific process, independent or production unit, is one which includes all of the equipment and facilities necessary for the completion of the transformation of the materials to produce a physical or chemical change. There may be several specific processes in series necessary to the manufacture of a product. However, where there are parallel series of specific processes, the similar parallel specific processes shall be considered as a specific process for emission rule. [Eff. November 29, 1982; am, ren Sll-60-8 and comp. APR 1 4 1986 ] (Auth: HRS SS342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

60-16

• Process Weight Rate

pounds per hour 100 200 400 600 800

1,000 1,500 2,000 2,500 3,000 3,500 4,000 5,000. 6,000 7,000 8,000 9,000

12,000 16,000 18,000 20,000 30,000 40,000 50,000 60,000 or more

TABLE 8-1

• Sll-60-9

Rate of Emission pounds per hour

0.551 0.877 1.40 1.83 2.22 2.58 3.38 4.10 4.76 5.38 5.96 6.52 7.58 8.56 9.49

10.4 11.2 13.6 16.5 17.9 19.2 25.2 30.5 35.4 40.0

Interpolation of the data in this table for process weight rates up to sixty thousand pounds per hour shall be accomplished by use of the equation E = 4.10 p0.67, E = rate of emission in pounds per hour and p = process weight rate in tons per hour.

§ 11-60-9 Sulfur oxides from fuel combustion. (a) No person shall burn, sell, or make available for sale for burning in fuel burning equipment, any fuel containing in excess of two per cent sulfur by weight except for fuel used in ocean-going vessels.

(b) No person operating fossil-fuel fired power and steam generating facilities having a power generating output in excess of twentyfive megawatts or a heat input greater than two hundred fifty million BTU/per hour shall burn fuel containing in excess of 0.5 per cent sulfur by weight.

60-17

• 0 §11-60-9

(c) The sale and use of fuels prohibited by §ll-60-9(a) and (b) may be allowed when the director has determined that the use of such other fuels will not violate the ambient air quality standards for oxides of sulfur. [Eff. November 29, 1982; am, ren §11-60-9 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§ 11-60-10 Stora e of volatile or anic com ounds. (a) Except as provided in subsection c , no person shall place, store, or hold in any stationary tank, reservoir, or other container of more than forty thousandgallon (one hundred fifty thousand-liter) capacity any volatile organic compound which, as stored, has a true vapor pressure equal to or greater than 1.5 pounds per square inch absolute unless the tank, reservoir, or other container is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed, and equipped, with one of the following vapor loss control devices:

(1)

(2)

A floating roof, consisting of a pontoon type, double deck type roof or internal floating cover, which will rest on the surface of the liquid contents and be equipped with a closure seal or seals to close the space between the roof edge and tank wall. This control equipment shall not be permitted if the volatile organic compounds have a vapor pressure of eleven pounds per square inch absolute (five hundred sixty-eight millimeters of mercury) or greater under actual storage conditions. All tank gauging or sampling devices shall be gas-tight except when tank gauging or sampling is taking place. A vapor recovery system, consisting of a vapor gathering system capable of collecting the volatile organic compound vapors and gases discharged, and a vapor disposal system capable of processing such volatile organic vapors and gases so as to prevent their emission to the atmosphere and with all tank gauging and sampling devices gas-tight except when gauging or sampling is taking place.

60-18

• • Sll-60-11

(3) Other equipment or means of equal efficiency for purposes of air pollution control as may be approved by the director.

(b) No person shall place, store, or hold in any new stationary storage vessel of more than the two hundred fifty-gallon (nine hundred fifty-liter) capacity any volatile organic compound unless such vessel is equipped with a permanent submerged ·fill pipe or is a pressure tank as described in subsection (a) or is fitted with a vapor recovery system as described in subsection (a)(2).

(c) Underground tanks shall be exempted from requirements of subsection (a) if the total volume of volatile organic compounds added to and taken from a tank annually does not exceed twice the volume of the tank. [Eff. November 29, 1982; am, ren Sll-60-10 and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS SS342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-6o-ll Volatile organic compound water separation. (a) No person shall use any compartment of any single or mUltiple compartment volatile organic compound water separator which receives effluent water containing two hundred gallons (seven hundred sixty liters) a day or more of any volatile organic compound from any equipment processing, refining, treating, storing, or handling volatile organic compounds having a Reid vapor pressure of 0.5 pounds per square inch or greater unless such compartment is equipped with one of the vapor loss control devices in subsections (b) to (e), properly installed, in good working order, and in operation.

(b) A container having all openings sealed and totally enclosing the liquid contents. All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(c) A container equipped with a floating roof, consisting of a pontoon type, double deck type roof, or internal floating cover, which will rest on the surface of. the contents and be equipped with a closure seal or seals to close the space between the roof edge and container wall. All gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(d) A container equipped with a vapor recovery system consisting of a vapor gathering system capable of collecting the organic vapors and gases discharged and a vapor disposal system capable of processing such organic vapors and gases so as to prevent their emission to the atmosphere

60-19

• • §11-60-11

with all container gauging and sampling devices gas-tight except when gauging and sampling is taking place.

(e) A container having other equipment of equal efficiency for purposes of air pollution control as may be approved by the director. [Eff. November 29, 1982; am, ren §11-60-11 and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

§ 11-60-12 Pump and compressor requirements. All pumps and compressors handling volatile organic compounds having a Reid vapor pressure of 1.5 pounds per square inch or greater shall have mechanical seals or other equipment of equal efficiency for purposes of air pollution control as may be approved by the director. [Eff. November 29, 1982; am, ren §11-60-12 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-13 Waste gas disposal. No person shall cause or permit the emission of gas stream containing volatile organic compounds from a vapor blowdown system or emergency relief unless these gases are burned by smokeless flares, or an equally effective control device as approved by the director. [Eff. November 29, 1982; am, ren §11-60-13 and comp. APR 1 4 19lij ] (Auth: HRS §§342-3, 342-22; 42 U .S.C. §§7 407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-14 Malfunction of equipment reporting. (a) In the case of shutdown of air pollution control equipment for necessary scheduled maintenance, the intent to shut down such equipment shall be reported to the director at least twenty-four hours prior to the planned shutdown. The prior notice shall include, but is not limited to, the following:

(1) Identification of the specific facility to be taken out of service as well as its location and permit number;

(2) The expected length of time that the air pollution control equipment will be out of service;

(3) The nature and quantity of emissions of air pollutants likely to be emitted during the shutdown period;

(4) Measures such as the use of off-shift labor and equipment that will be taken to minimize the length of the shutdown period; and

60-20

• • Sll-60-15

(5) The reasons that it would be impossible or impractical to shut down the source operation during the maintenance period.

(b) In the event that any emission source, air pollution control equipment, or related facility starts up, shuts down, or breaks down in such a manner to cause the emission of air pollutants in violation of applicable rules, the person responsible for the equipment shall immediately notify the department of the failure or breakdown.

(1) The person responsible shan provide the following information within five days of the notification: (A) Identification of emission points; (B) Magnitude· of the excess emissions; (C) Time and duration of the excess emissions; (D) Identity of the process or control equipment causing the

excess emissions; (E) Cause and nature of the excess emissions; (F) Description of the steps taken to remedy the situation,

prevent a recurrence, limit the excessive emissions, and to assure that the breakdown does not interfere with the attainment and maintenance of the NAAQS;

(G) Documentation that the equipment or process were at all times maintained and operated in a manner consistent with good practice for minimizing emissions; and

(H) The excess emissions are not part of a recurring pattern indicative of inadequate design, operation or maintenance.

(2) Upon receipt of the report of excessive emissions and required information, the department may issue a notice of violation to institute an enforcement procedure to provide the source an opportunity to fully explain the circumstances of the violation. The information submitted and all other information to further explain the circumstances shall be utilized to assess the need for further action. [Eff. November 29, 1982; am, ren Sll-60-14 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§ 11-60-15 Sampling, testing, and reporting methods. (a) All sampling and testing shall be made and the results calculated in accordance with reference methods specified by EPA or in the absence of an EPA reference method, test procedures approved by the director. All tests shall be made under the direction of persons knowledgeable in the field of air pollution control.

60-21

• • §11-60-15

(b) The department may conduct tests of emissions of air pollutants from any source. Upon request of the director, the person responsible for the source to be tested shall provide necessary ports in stacks or ducts and such other safe and proper sampling and testing facilities, exclusive of instruments and sensing devices, as may be necessary for proper determination of the emissions of air pollutants.

(c) Upon notification from the director, an owner or operator of any stationary source shall maintain a file on information concerning pertinent process and material fiow, fuels used, nature and amount and time periods or durations of emissions, or any other information as may be deemed necessary by the director to determine whether the stationary source complies with applicable emission limitations, NAAQS or any state ambient air quality standard or other provisions of this chapter in a permanent form suitable for inspection or in a manner specified by the director.

(d) The information recorded shall be summarized and reported to the director, on forms furnished by the director, and shall be submitted within forty-five days after the end of the reporting period. Reporting periods shall be January 1 -June 30 and July 1 - December 31 or any other period specified by the director, except that the initial reporting period shall commence on the date the director issues notification of the record keeping requirements.

(e) Information recorded by the owner or operator and copies of the summarizing reports submitted to the director shall be retained by the owner or operator for two years after the date on which the pertinent report is submitted.

(f) Reports obtained from owners or operators of stationary sources shall be correlated with applicable emission limitations and other requirements and shall be made available to the public during normal business hours at the department. [Eff. November 29, 1982; am and comp. APR 1 4 19Eil ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-16 Public access to information. (a) All reports pertaining to performance test results, ambient monitoring data and emissions inventory data, applications for permits and forms, and the supporting documentation submitted as part thereof to the department as requirements of this chapter shall be considered public records and available for public inspection except for information of a confidential nature concerning secret processes or secret methods of manufacture. Any person desiring to request confidential treatment shall make the request in writing to the director at the time of submission of the confidential information, identifying the specific data that is to be accorded

60-22

• • Sll-60-17

confidentiality due to its nature concerning secret processes. or secret methods of manufacture, and with respect to each confidential data providing the following documentations:

(1) If, and bow, each data concerns secret processes or secret methods ·Of manufacture;

(2) Who has access to each data; (3) What steps have been taken to protect the secrecy of each

data; and (4) Why it is believed each data must be accorded confidential

treatment and the anticipated prejudice should disclosure be made.

Any data submitted to the department without a request for confidential treatment in accordance with this section shall be considered public record.

(b) All requests for public records shall be in writing, addressed to the director and shall identity or describe the character of the requested record. Upon approval by the director, the requested public record shall be available to the requestor for inspection and copying during established office hours. The director shall charge the requestor a reasonable cost for reproduction of any public record, but not less than twenty-five cents per page, sheet, or fraction thereof. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS 5591-2, 92-21, 92-50, 92-51, 342-5, 342-10; 42 U.S.C. 557407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52, 60, 61) (Imp: HRS 5591-2, 91-21, 92-50, 92-51, 342-5, 342-10; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61)

511-60-17 Air guality models. (a) All estimates of ambient concentrations required shall be based on the applicable air quality models, data bases, and other requirements specified in the "Guideline on Air Quality Models" (OAQPS 1.2-080, U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, Aprill978).

(b) Where an air quality impact model specified in the "Guideline on Air Quality Models" is inappropriate, the model may be modified or another model substituted on written request to the director. The public shall be provided the opportunity to comment. Written approval of the director and the EPA administrator shall be obtained for any modification or substitution. Methods such as those outlined in the "Workbook for the Comparison of Air Quality Models" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, May 1978) may be used to determine the comparability of air quality models. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS 55342-3, 342-22; 42 U.S.C. 55'1407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61) (Imp: HRS 55342-3, 342-4, 342•22, 342~23; 42 U.S.C. §57407, 7410, 7416; 40 C.F.R. Parts 50, 51,-52, 60, 61)

60-23

• §11-60-18

§11-60-18 Operations of monitoring stations. The EPA monitoring requirements of Appendix B to 40 CPR Part 58, "Ambient Air Quality Surveillance," as in effect on date of adoption ( MAR 2 5 1986 ), shall be met as a minimum during the operation of any monitoring stations required by the director or this chapter. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52, 58, 60, 61)

§ 11-60-19 Prevention of air pollution emergency episodes. (a) Notwithstanding any other provision of this chapter, this section is designed to prevent the excessive buildup of air contaminants during air pollution episodes, thereby preventing the occurrence of any emergency due to the effects of these contaminants on the public health.

(b) Conditions justifying the proclamation of an air pollution alert, air pollution warning, or air pollution emergency shall be deemed to exist whenever the director determines that the accumulation of air contaminants in any place is attaining or has attained levels which could, if such levels are sustained or exceeded, lead to a threat to the health of the public. In making this determination, the director shall be guided by the criteria set forth in subsections (c) to (g).

(c) "Air pollution forecast": An internal watch by the department shall be actuated by a national weather service advisory that atmospheric stagnation advisory is in effect or the equivalent local forecast of stagnant atmospheric conditions.

(d) "Alert": The alert level is that concentration of pollutants at which first stage control action is to begin. An alert shall be declared when any one of the following levels is reached:

(1) S02 - eight hundred ugJm3 (0.3 ppm), twenty-four-hour average;

(2) Particulate matter- three hundred seventy-five ugJm3, twentyfour-hour average;

(3) S02 and particulate matter combined- product of S02, ugJm3, twenty-four-hour average and particulate matter, ugJm3, twenty-four-hour average equal to 65xl03;

(4) CO- seventeen mgJm3 (fifteen ppm), eight-hour average; (5) Ozone - four hundred ugJm3 (0.2 ppm), one-hour average; or (6) N02 - one thousand one hundred thirty ugjm3 (0.6 ppm), one

hour average; two hundred eighty-two ugJm3 (0.15 ppm), twenty-four-hour average;

and meteorological conditions are such that this condition can be expected to continue for twelve or more hours.

(e) "Warning": The warning level indicates that air quality is continuing to degrade and that additional abatement actions are necessary.

60-24

• • Sll-60-19

A warning shall be declared when any one of the following levels is reached:

(1) 802 - one thousand six hundred ug/m3 (0.6 ppm), twenty-fourhour average; ·

(2) Particulate matter - six hundred twenty-five ug/m3, twentyfour-hour averag~;

(3) 802 and particulate matter combined- product of 802, ug/m3,

(4) (5) (6)

twenty-four-hour aver~e and particulate matter, · ug/m3, twenty-four-hour aver~e equal to 261xi03; CO- thirty-four mg/m3 (30 ppm), eight-hour average; Ozone- eight hundred ug/m3 (0.4 ppm), one-hour average; or N02 - two thousand two hundred sixty ugfm3 (1.2 ppm), onehour average; five hundred sixty-five ug/m3 (0.3 ppm), twenty-four-hour average;

and meteorological conditions are such that this condition can be expected to continue for twelve or more hours.

(f) "Emergency": The emergency level is reached when the warning level for a pollutant has been exceeded and:

(1) The concentrations of the pollutant are continuing to increase; or

(2) The director determines that, because of meteorological or other facts, the concentrations will continue to increase; or

(3) When any one of the following levels is reached: (A) 802- two thousand one hundred ug/m3 (0.8 ppm), twenty

four-hour average; (B) Particulate matter - eight hundred seventy-five ugfm3,

twenty-four-hour average; (C) 802 and particulate matter combined - product of 802,

ugfm3, twenty-four-hour average and particulate matter, ugfm3, twenty-four-hour average equal to 393xi03;

(D) CO - forty-six mgfm3 (forty ppm), eight-hour average; (E) Ozone - one thousand ugfm3 (0.5 ppm), one-hour average;

or (F) N02 - three thousand ug/m3 (1.6 ppm), one-hour average;

seven hundred fifty ug/m3 (0.4 ppm), twenty-four-hour average.

(g) ''Termination": Once declared, any episode level reached by application of these criteria shall remain in effect until the criteria for that level are no longer met. At that time, the next lower episode level shall be assumed. [Eff. November 29, 1982; am, ren Sll-60-19 and comp. APR 1 4 19815 1 (Auth: HRS §§342-3, 342-22; 42 U.8.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HR8 §§342-3, 342-9, 342-22; 42 U.8.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

60-25

• • 511-60-20

Sll-60-20 Variances. Variances and variance applications shall comply with section 342-7, HRS, except that, no variance shall prevent or interfere with the maintenance or attainment of NAAQS. Any application for a variance shall include a calculation and description of any change in emissions and the expected ambient air quality concentrations. [Eff. November 29, 1982; am, ren §11-60-20 and comp. APR 1 4 1986 ] (Auth: HRS SS342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS SS342-3, 342-7, 342-22; 42 U.S.C. §57407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52)

§11-60-21 Penalties and remedies. Any person who violates any provision of this chapter shall be subject to the penalties and remedies provided for in sections 342-8, 342-11, 342-11.5, and 342-12, HRS. [Eff. November 29, 1982; am, ren Sll-60-21 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-8, 342-11, 342-11.3, 342-12, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-22 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the application of such provision to other persons or circumstances and the remainder of this chapter shall not be affecte.d thereby. [Eff. November 29, 1982; ren §11-60-22 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§§11-60-23 to 11-60-30 (Reserved)

SUBCHAPTER 2

OPEN BURNING

S 11-60-31 Control of open burning. (a) Except as provided in subsection (b) and section 11-60-32 no person shall cause, permit, or maintain any open burning. Any open burning is the responsibility of the person owning, operating, or managing the property, premises, business establishment, or industry where the open burning is occurring.

(b) Subsection (a) shall not apply to: (1) Open fires for the cooking of food; (2) Fires for recreational, decorative,. or ceremonial purposes as

approved by the director;

60-26

• • §11-60-33

(3) Fires to abate a fire hazard, providing hazard is so declared by the fire department or district forester having jurisdiction;

(4) Fires for prevention or control of disease or pests as approved by the director;

(5) Fires for training personnel in the methods of fighting fires; (6) Fires for the disposal of dangerous materials, where there is no

alternate method of disposal and burning is approved in advance by the director;

(7) Fires for residential bathing purposes; and (8) Fires for the burning of leaves, grass, weeds, wood, paper, and

similar materials on one's own premises, not exceeding four family units and twenty-five pounds per day, per unit, provided such burning is not within fifty feet of any habitable building, is attended or supervised by an adult person and is completed within daylight hours (9:00 a.m. to 6:00 p.m.) provided that such burning shall not be in violation of the regulations of other fire control agencies and shall be subject to "no-burn" days as specified in section 11-60-34. This exception shall not apply to the City and County of Honolulu. [Eff. November 29, 1982; am, ren §11-60-31 and comp. APR 1 4 1966 ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 u.s.c. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-32 Agricultural burning, permit requirement. No person, engaged in any agricultural operation, shall cause or permit agricultural burning without first obtaining an agricultural burning permit from the director. Failure to comply with the terms and conditions of the permit or this chapter shall invalidate the permit. No agricultural permit shall be granted for, or be construed to permit, the open burning of trash and other wastes that have been handled or processed by factory operations. [Eff. November 29, 1982; am, ren §11-60-32 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-33 Agricultural burning, applications. (a) Applications shall be made on forms specified by the director and shall be accompanied by two copies of complete data which will include maps of areas to be burned showing fields by appropriate numbers and acreage, direction of prevailing winds, location of residential, school, commercial establishments, public

60-27

• 0 §11-60-33

buildings, airports, and public utilities, the designation of fields to be burned under specified wind conditions, alternate means of disposal of crops, and any other information that the director may specify.

(b) Each application shall be signed by the applicant and shall constitute an agreement that the applicant shall comply with all the terms and conditions of the permit and this chapter. [Eff. November 29, 1982; am, ren §11-60-33 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52)

§11-60-34 Agricultural burning, "no-burn" days. (a) All agricultural burning is prohibited, and no person, with or without an agricultural burning permit, shall cause or allow agricultural burning under the following conditions:

(1) On any island when meteorological conditions have resulted in widespread haze on that island and where the national weather service predicts a continuation or deterioration of existing meteorological conditions for the next twenty-four hours.

For the purposes of this section, widespread haze shall be considered to exist when all visible ridges within five to ten miles have a "smoky" or bluish appearance and colors are subdued, and beyond ten miles that are visible have a blurred appearance; or

(2) On the island of Oahu either when the condition specified in paragraph (1) occurs or when meteorological conditions have resulted in a rise of the carbon monoxide level exceeding five mgfm3 for an eight-hour average or the particulate matter level exceeding one hundred ugjm3 for twenty-four hours and when the national weather service predicts a continuation or deterioration of existing meteorological conditions for the next twenty-four hours.

(b) Notices of "no-burn" days for the specified island or islands shall be provided on or before 4:00 p.m. by radio broadcast through the national weather service and shall apply for the succeedi_og day. [Eff. November 29, 1982; am, ren §11-60-34 and comp. APR 1 4 19IJi ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

§11-60-35 Agricultural burning, record keeping and monitoring. (a) Each permittee shall maintain a record of conditions existing at the time of each burn including the location and identification of burn area, size of

60-28

• • Sll-60-36

area, date and time of day, prevailing wind direction and speed, rainfall in preceding twenty-four hours, type of material, and any other pertinent data as required by the director.

(b) In recording meteorological data required by subsection (a), the permittee may use national weather service data or, on the permittee's own motion, conduct monitoring of conditions provided instruments used have been approved by the director. [Eff. November 29, 1982; am, ren Sll-60-35 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-36 Agricultural burning, action on application. (a) The director shall act on an application within a reasonable time, but not to exceed ninety calendar days from the date the complete application is received, and shall notify the applicant in writing of the approval or denial of the application. If the director has not acted within the ninety calendar-day period, the application shall be deemed to have been approved.

(b) All applications shall be submitted to the Department of Health, 1250 Punchbowl Street, Honolulu, HI 96813.

(c) If an application is denied, the applicant may request a hearing in accordance with chapter 91, HRS.

(d) The permit may be granted for a period of up to one year from the date of approval.

(e) On the director's own motion or the application of ·any person, the director may modify, suspend, or revoke a permit if, after affording the applicant a hearing in accordance with chapter 91, HRS, it is determined that:

(1) Any condition of the permit has been violated; (2) Any rule of the department has been violated; (3) Any provision of chapter 342, HRS, has been violated; (4) The maintenance or attainment of NAAQS will be interfered

with; or (5) The action is in the public interest. (f) The permit shall not be transferable, whether by operation of

law or otherwise or from one person to another. (g) Every applicant for a permit shall pay a filing fee according to

the following schedule: (l) Less than ten acres- $10 (2) Ten to one hundred acres - $30 (3) Greater than one hundred acres- $75

The acreage shall be the total acreage designated to be burned as specified in the permit. The filing fee shall be submitted with the application and

60-29

• • §11-60-36

shall not be refunded or applied to any subsequent application. Fees shall be made payable to the State of Hawaii. Any federal, state, or county government agency shall be exempt from paying all fees as prescribed in this section. [Eff. November 29, 1982; am, ren §11-60-36 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-6, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§§11-60-37 to 11-60-39 (Reserved)

SUBCHAPTER 3

STATIONARY SOURCES

Sll-60-40 Applicability. (a) Except as provided by section 11-60-51, no person shall begin actual construction, modification, or relocation of an emissions unit or air pollution control equipment of any stationary source without first obtaining authority to construct from the director. The construction, modification, or relocation shall continue only as long as the authority to construct remains in effect. The authority to construct shall not constitute, nor be construed, to be approval of the design or operation of the stationary source. Further, authority to construct does not guarantee or imply that a permit to operate will be issued. A permit to operate shall be issued only in accordance with this chapter and it is the duty of the applicant to insure compliance with the law and this chapter in the construction and operation of any stationary source.

(b) No person shall cause or permit the operation of any stationary source constructed, modified, or relocated after March 20, 1972 without first obtaining a permit to operate from the director. A stationary source may operate as long as it has a valid permit to operate.

(c) The following are exempt from requirements of subsections (a) and (b), except when the operations or equipment in paragraphs (6) to (II) are part of a major stationary source or major modification or are subject to Standards of Performance for New Stationary Sources, the exemptions shall not apply:

(l) The installation or altering of an air pollutant detector, air pollutant recorder, combustion controller, or combustion shutoff;

(2) Air conditioning or ventilating systems not designed to remove air pollutants generated by or released from equipment;

(3) Mobile internal combustion engines;

60-30

• • §11-60-41

(4) Laboratory equipment used exclusively for chemical or physical analyses;

(5) Ocean-going vessels; (6) Fuel burning equipment, other than smoke house generators,

which is used in a private dwelling; or has a BTU gross input rate of less than five hundred thousand BTU per hour; or is used for space heating, other than boilers and hot air furnaces;

(7) Steam generators, steam superheaters, water boilers, water heaters, and closed heat transfer system that have a maximum gross heat input rate of less than two hundred fifty million BTU per hour, and are fired exclusively with one of the following: (A) Natural or synthetic gas; (B) Liquified petroleum gas; or (C) A combination of natural, synthetic, or liquified

petroleum gas; (8) Paint spraying operations utilizing paint spray booths; (9) Woodworking shops with a sawdust collection system;

(10) Any stationary tank, reservoir, or other container of capacity equal to or less than forty thousand gallons storing volatile organic compounds;

(11) Standby generators used exclusively to provide electricity and standby sewage pump drives, both used only during power outages and fired exclusively by any of the following fuels: (A) Natural or synthetic gas; (B) Liquified petroleum gas; (C) Fuel oil No. 1 or No. 2; or (D) Diesel fuel oil No. lD or No. 2D;

(12) Other minor sources as specified by the director. (d) Issuance of any authority to construct or permit to operate

shall not relieve any owner or operator of the responsibility to comply fully with applicable provisions of this chapter and any other requirements under county, state1 or federal law. [Eff. November 29, 1982; am, ren Sll-60-40 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

Sll-60-41 Conditions for considering applications. (a) The director shall approve an application for authority to construct if the applicant can show to the satisfaction of the director that:

(1) The best available control technology is provided to control those pollutants subject to NAAQS or state ambient air quality standards that the stationary source or modification would emit in significant amounts considering any limitation, enforceable by the director, on the source to emit a pollutant;

(2) The applicable rules of this chapter and any applicable

60-31

§ll-60-41 •

Standards of Performance for New Stationary Sources or National Emission Standards for Hazardous Air Pollutants delegated by the EPA administrator to the director for implementation and enforcement will be met;

(3) The maintenance or attainment of any NAAQS and any state ambient air quality standard will not be violated or endangered;

(4) Issuance of the authority to construct is in the public interest as defined by section 342-6, HRS;

(5) For major stationary sources or major modifications, the prevention of significant deterioration review requirements of subchapter 4 are met.

(b) The director shall approve an application for permit to operate and renewal thereof if the applicant can show to the satisfaction of the director that:

(1) The construction, modification, relocation, or operation is in accordance with the authority to construct or permit to operate;

(2) The provisions of subsection (a)(2) and (3) will be or are met; and

(3) Issuance of the permit to operate is in the public interest as defined by section 342-6, HRS. [Eff. November 29, 1982; am, ren §ll-60-41 and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52)

§11-60-42 Applications. (a) Every application for authority to construct or permit to operate shall be submitted to the director on the forms furnished by the director.

(b) The applicant shall submit sufficient information to enable the director to make a decision on the application. Information submitted shall include but not be limited to the following:

(1) A description of the nature, location, design capacity, and typical operating schedule of the source or modification, including specifications and drawings showing its design and plant layout;

(2) A detailed description as to what system of continuous emission reduction or control is planned by the source or modification and an estimate of emissions before and after controls;

(3) A detailed schedule for construction of the source or modification;

(4) If requested by the director, an air quality impact of the source or modification, including meteorological and topographical data necessary to estimate the impact;

60-32

• • Sll-60-44

(5) If requested by the director, an analysis of the air quality impact and the nature and extent of any or all general commercial, residential, industrial and other growth which has occurred in the area the source or modification affects;

(6) If requested by the director, results of source emission testing, ambient air quality monitoring, or both;

(7) If requested by the director, information on other available control technologies; and

(8) Other information as the director may require. (c) Every application shall be signed by the applicant and shall

constitute an acknowledgement that the applicant assumes responsibility for the construction, modification, or operation of the source in accordance with the permit conditions and this chapter. The application shall be signed by one of the following:

(1) In the case of corporations, by a principal executive .officer of at least the level of vice president, or a duly authorized representative, if that representative is responsible for the overall operation of the source;

(2) In the case of a partnership, by a general partner; (3) In the case of a sole proprietorship, by the proprietor; or (4) In the case of a county, state, or federal source, by either a

principal executive officer, ranking elected official, or other duly authorized employee. [Eff. November 29, 1982; am, ren Sll-60-42 and comp. APR 1 4 1986 ] (Auth: HRS SS342-3, 342-22; 42 U.S.G. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS 55342-3, 342-4, 342-22, 342-23; 42 U.S.C. 5§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

Sll-60-43 Fees. (a) Every applicant for authority to construct and permit to operate shall pay the applicable fees as set forth in section 11-60-44. The fee shall be submitted with the application and shall not be refunded nor applied to any subs~quent application.

(b) Any federal, state, or county government agency shall be exempt from paying all fees as prescribed in this section.

(c) Fees shall be made payable to the State of Hawaii. [Eff. November 29, 1982; am, ren 511-60-43 and comp. APR 1 4 1986 ] (Auth: HRS SS342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS SS342-3, 342-4, 342-22, 342-23; 42 U .S.C. SS7 407, 7 41 O, 7 416; 40 C.F .R. Parts 50, 51, 52)

Sll-60-44 Fee schedule. The fee schedule for filing of an application shall be as follows:

60-33

• §11-60-44

Source Subject to Source Subject to Sub-Subchapter 3 Only chapters 3 and 4

Authority to construct $50 $500

Permit to operate $50 a year $100 a year

Permit to operate renewal $50 a year $100 a year

Change of ownership $10 $ 10

Change of location $25 $50

[Eff. November 29, 1982; am, ren Sll-60-44 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS SS342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

Sll-60-45 Public comment. (a) Except as provided in subsection (b), in considering any application for authority to construct or permit to operate, the director, at th ole discretion or upon the timely written request of any p rson, may for notice and opportunity for public comment in acco an · this section, if the director is of the opinion that public comment would aid in the director's decision.

(b) The director shall provide for notice and opportunity for public comment for any application for authority to construct a major stationary source or major modification subject to the prevention of significant deterioration review requirements of subchapter 4 in accordance with this section.

(c) Notice and opportunity for public comment, when allowed, shall be made as follows:

(l) The director shall make available in at least one location in the county in which the source is located or would be located, a copy of all materials submitted by the applicant, except for materials deemed to be confidential by the applicant pursuant to section 11-60-16, a copy of the director's proposed action, and a copy or summary of other materials, if any, considered in making the director's proposed action;

(2) The director shall notify the public, by advertisement in a newspaper of general circulation in each county in which the proposed source is located or would be located, of the application, the ·director's proposed action, including, if applicable, the degree of increment consumption that is expected from the source or modification, and of the place

60-34

• • SII-60-45

where all relevant non-confidential documents will be available for public inspection;

(3) The director shall send a copy of the public notice to the applicant, the EPA administrator, the offices of the chief executives of the counties where the source is located or would be located, and any federal land manager whose lands may be affected by emissions from the source or modification;

(4) The director shall provide a period of thirty days following the date of the public notlce during which time interested persons may submit written comments on the air quality impact of the source, alterna.tives to it, the control technology required, and other appropriate ce>nsiderations; and

(5) The director, on the director's sole discretion or on the written request of any person, may hold a public hearing if the public hearing would aid in the director's decision: (A) Any request for a public hearing shall be filed within the

thirty-day period prescribed in paragraph (4) and shall indicate the interest of the party filing the request and

·the reasons why a hearing is warranted; and (B) The director shall publish the public notice for a hearing

at least thirty days in advance of the hearing date and shall conduct the hearing in the geographical area of the proposed source.

(d) The applicant may choose, or the director may order the applicant to respond in writing within thirty days after the period for public comment has ended, or within thirty days after the public hearing is held, whichever is later, to the public comments received.

(e) The director shall consider all written ~omments submitted within the thirty days of the date of the public notice, all comments received at any public hearing and the applicant's responses, if any, in making a final decision on the application. The director shall make the written public comments and applicant's responses available for public inspection.

(f) The director's written decision on the application shall be available for public inspection.

(g) Any person may. reqt:~est. in writing notification of applications pending with the department. The request shall be filed with the director and shall describe or identify the type of applications for which notification is sought. The request shall be filed on an annual calendar basis.and the request sh8.11 be. granted for the calendar year only. [Eff. and comp. APR 1 4 1986 1 (Auth: HRS 5§342-3, 342-22; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61)

60-35

• Sll-60-46

§11-60-46 Action on application. (a) The director shall not act upon or consider any incomplete application. An application shall be deemed complete only when:

(1) All required and requested information, including the application form, plans, maps and other analyses required by this subchapter or the prevention of significant deterioration review rules of subchapter 4 have been timely submitted;

(2) All fees have been paid; (3) All public notice and public hearing requirements under section

11-60-45 have been satisfied; and (4) The director certifies that the application is complete. (b) The director, in writing, shall approve, conditionally approve, or

deny an application within one hundred eighty days of certification that the application is complete. The failure of the director to act within the one hundred eighty-day period shall be deemed as an approval of the application so long as the applicant acts consistently with the application and all plans, specifications, and other information submitted as a part thereof and the application conforms to all requirements of this chapter.

(c) The applicant, within twenty days after receipt of notice of the director's approval, conditional approval, or denial of the application, may file a written request for a hearing in accordance with chapter 91, HRS. [Eff. November 29, 1982; am, ren §11-60-46 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52)

§11-60-47. Permit conditions. (a) The director may conditionally approve authority to construct or permit to operate.

(b) The director may impose conditions upon authority to construct or permit to operate that the director deems reasonably necessary to insure compliance with this chapter, any NAAQS, and any state ambient air quality standard, including conditions regarding equipment, work practice, or operation.

(c) The director may require the installation of devices for measurement or analysis of source emissions or ambient concentrations of air pollutants at the expense of the applicant.

(d) On the director's own motion or on written request of the applicant, the director may condition the authority to construct to allow the temporary use or operation of the source, to enable the source to conduct source emission tests either for the applicant's purpose or for satisfaction of a permit condition, or for other reasonable purposes. The temporary use or operation under the authority to construct may be allowed under the following conditions:

60-36

• • §11-60-50

(1) The permittee has notified the director in writing that the construction, modification, or relocation is substantially complete;

(2) The permittee has submitted an application to the director for a permit to operate; and

(3) The temporary use or operation shall be in conformance with the conditions of the authority to construct.

The temporary use or operation shall not be for more than one hundred eighty days. . [Eff. November 29, 198.2; am, ren §11-60-47 and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS SS342-3; 342-4, 342-22, 342-23; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-48 Period of lermit. (a) Authority to construct or permit to operate shall not be issued or any term exceeding five years.

(b) On written request, the director may extend the authority to construct period upon satisfactory showing that an extension is justified; provided in no case shall an extension be granted if the combined term of the originally issued permit and any extension or extensions exceeds five years.

(c) On application, permit to operate may be renewed for any term not to exceed five years. [Eff. November 29, 1982; am, ren §11-60-48 and comp. APR 1 4 1986 1 (Auth: HRS SS342-3, 342-22; 42 U.S.C. SS7 407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. SS7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-49 Holding of permit. (a) The authority to construct or permit to operate shall be maintained at or near the stationary source for which the authority to construct or permit to operate was issued and shall be made available for inspection upon the director's request.

(b) No person shall wilfully deface, alter, forge, counterfeit, or falsify an authority to construct or permit to o~erate. [Eff. November 29, 1982; am, ren §11-60-49 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342--23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-50 Transfer of permit. (a) Authority to construct or permit to operate shall not be transferable, whether by operation of law or otherwise, either from one location to another or from one piece of equipment to another.

(b) Authority to construct or permit to operate shall . not be transferable, whether by operation of law or otherwise, from one person to

69-37

• 0 §11-60-50

another without the approval of the director. Request for transfer from one person to another shall be made on an application form furnished by the director. [Eff. November 29, 1982; am, ren §11-60-50 and comp. APR 1 4 1986 l (Auth: HRS §§342-3, 342-22; 42 U .S.C. SS7 407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-51 Temporary sources. Except as provided in subchapter 4, any source which has obtained authority to construct and permit to operate in accordance with section 11-60-40(a) and (b), respectively, and desires to operate twelve consecutive months or less at another location may apply to do so by applying only for permit to operate pursuant to section 11-60-40(b) provided that there is no modification in the equipment and operation of the source. [Eff. and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-52 Cancellation of authority to construct. Authority to construct shall become invalid if construction is not commenced within twelve months after receipt of its approval, if construction is discontinued for a period of twelve months or more, or if construction is not completed within a reasonable time. The director may extend the twelve month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project. Each phase shall commence construction within twelve months of the projected and approved commencement date. [Eff. November 29, 1982; am, ren §11-60-52 and comp. APR 1 4 1986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-53 Suspension, revocation, and modification. (a) The director shall revoke, suspend, or modify authority to construct or permit to operate if, after a hearing in accordance with chapter 91, HRS, the director finds any one of the following:

(1) The source does not comply with the requirements of this ch~pter;

(2) The source would endanger the maintenance or attainment of, or causes a violation of, any NAAQS or any state ambient air quality standard;

(3) The, source violated a condition of the permit to operate or authority to construct;

60-38

• • §11-60-59

(4) The authority to construct or permit to operate was obtained by misrepresentation, or failure to disclose fully all relevant facts;

(5) The source is constructed or operated not in accordance with the application for authority to construct or permit to operate and any information submitted as part thereof;

(6) There is a change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge; or

(7) The action is in the public interest, as defined in section 342-6, HRS.

(b) If the director determines that any person is violating any provision of this chapter, the director may serve a cease and desist order in accordance with chapter 91, HRS. [Eff. November 29, 1982; am, ren §11-60-53 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52)

§11-60-54 Reporting discontinuance. The permanent discontinuance of the construction, modification, relocation, or operation of any stationary source shall be reported, in writing, to the director within thirty days of the discontinuance by the person to whom the authority to construct or permit to operate was issued. [Eff. November 29, 1982; am, ren S 11-60-54 and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7416; 40 C.F.R. Parts 50, 51, 52)

§§ 11-60-55 to 11-60-58 (Reserved)

SUBCHAPTER 4

PREVENTION OF SIGNIFICANT DETERIORATION REVIEW

§11-60-59 Source applicability. (a) The prevention of significant deterioration review requirements of this subchapter are additional requirements for considering an application for authority to construct required by subchapter 3. The procedures and provisions of subchapter 3 shall govern the prevention of significant deterioration review requirements of this subchapter. The following stationary sources shall comply with this subchapter:

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• §11-60-59

(1) Except as otherwise provided, any major stationary source and any major modification which emits or would emit any pollutant subject to regulation under the Clean Air Act; and

(2) Any major stationary source or major modification that would be constructed in an area designated as attainment or unclassifiable under the Clean Air Act.

(b) Exemption from this subchapter does not exempt any major stationary source or major modification from the requirements of subchapter 3.

(c) When a particular source or modification becomes a major stationary source or major modification solely by virtue of a relaxation in any -enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then this subchapter shall apply to the source or modification as though construction had not yet commenced on the source or modification.

(d) The "Prevention of Significant Deterioration, Workshop Manual" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, October 1980) may be used for general guidelines on prevention of significant deterioration review. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F .R. Parts 50, 51, 52, 60, 61)

§ 11-60-60 Exemptions. (a) This subchapter shall not apply to a particular major stationary source or major modification if the applicant, in the application for authority to construct, demonstrates to the satisfaction of the director that:

(1) The source or modification has a permit in effect, issued by EPA in conformance with the EPA PSD regulations;

(2) The source or modification was subject to the review requirements of the EPA PSD regulations by EPA before the effective date of this subchapter. The applications shall continue to be processed and granted or denied by EPA unless otherwise specified by the director and EPA;

(3) The source or modification would be a nonprofit health or nonprofit educational institution, or a major modification would occur at such an institution;

(4) The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating its potential to emit and the source does not belong to any of the following categories:

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• • (A) Coal cleaning plants (with thermal dryers); (B) Kraft pulp mills; (C) Portland cement plants; (D) Primary zinc smelters; (E) Iron and steel mills; (F) Primary aluminum ore reduction plants; (G) Primary copper smelters;

§11-60-60

(H) Municipal incinerators capable of charging more than 250 tons of refuse per day;

(I) Hydrofluoric, sulfuric, or nitric acid plants; (J) Petroleum refineries; (K) Lime plants; (L) Phosphate rock processing plants; (M) Coke oven batteries; (N) Sulfur recovery plants; (0) Carbon black plants (furnace process); (P) Primary lead smelters; ( Q) Fuel conversion plants; (R) Sintering plants; (S) Secondary metal production plants; (T) Chemical process plants; (U) Fossil-fuel boilers (or combination thereof) totaling more

than two hundred fifty million British thermal units per hour heat input;

(V) Petroleum storage and transfer units with a total storage capacity exceeding three hundred thousand barrels;

(W) Taconite ore processing plants; (X) Glass fiber processing plants; (Y) Charcoal production plants; (Z) Fossil fuel-fired steam electric plants of more than two

hundred fifty million British thermal units per hour heat input;

(AA) Any other stationary source category which, as of August 7, 1980, has an applicable Standard of Performance for New Stationary Sources or a National Emission Standard for Hazardous Air Pollutants; or

(5) The source is a portable stationary source which has previously received authority to construct in conformance with this subchapter provided that: (A) The source is to be relocated to a new location for a

period of twelve consecutive months or less; (B) The emissions from the source would not exceed its

allowable emissions; and (C) The emissions from the source would impact no class I

area and no area where an applicable increment is known to be violat«!d.

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• §11-60-60

(b) This subchapter shall not apply to a major stationary source or major modification with respect to a particular pollutant if the applicant, in the application for authority to construct, demonstrates to the satisfaction of the director that as to that pollutant, the source or modification is located in an area designated as nonattainment under the Clean Air Act.

(c) Sections ll-60-6l(a)(4) and 11-60-62(a), (b), and (c) shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the applicant, in the application for authority to construct demonstrates to the satisfaction of the director that the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:

(1) Would impact no class I area and no area where an applicable increment is known to be violated; and

(2) Would be for twelve consecutive months or less. (d) The director may exempt a major stationary source or major

modification from the requirements of section ll-60-62(a) with respect to monitoring for a particular pollutant if the applicant, in the application for authority to construct demonstrates to the satisfaction of the director that:

(1) The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide - five hundred seventy-five ug/m3, eight-hour average; Nitrogen dioxide- fourteen ugfm3, annual average; Total suspended particulate - ten ugfm3, twenty-fourhour average; Sulfur dioxide average;

thirteen ugfm3, twenty-four-hour

Ozone - No de minimis air quality level is provided for ozone; Lead- 0.1 ugfm3, twenty-four-hour average; Mercury- 0.25 ugfm3, twenty-four-hour average; Beryllium- 0.0005 ug/m3, twenty-four-hour average; Fluorides- 0.25 ug/m3, twenty-four-hour average; Vinyl chloride- fifteen ugfm3, twenty-four-hour average; Total reduced sulfur- ten ugfm3, one-hour average; Hydrogen sulfide- 0.04 ugfm3, one-hour average; Reduced sulfur compounds- ten ugfm3, one-hour average; or

(2) The concentrations of the pollutant in the area that the source or modification woUld affect are less than the concentrations listed in subsection (d)(I). [Eff. and comp. APR 1 4 t986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40

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• • §11-60-61

C.F.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61)

§11-60-61 Additional conditions for considering apPlications. (a) An applicant for authority to construct shall demonstrate to the satisfaction of the director that:

(1) A major stationary source is provided with the best available control technology for each pollutant subject to regulation under the Clean Air Act that it would have the potential to emit in significant amounts;

(2) A major modification is provided with the best available control technology for each pollutant subject to regulation under the Clean Air Act for which it would be a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit;

(3) For phased construction projects, the determination of best available control technology shall be reviewed and modified as appropriate at the latest reasonable time which occurs not later than eighteen months prior to commencement of construction of each independent phase of the project. At those times, the permittee shall demonstrate the adequacy of any previous determination of best available control technology for the source as a condition of the authority to construct; and

(4) The allowable emission increases from a major stationary source or major modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to a violation of any applicable maximum allowable increase over the baseline concentration in any area.

(b) The director shall provide notice of any application for a major stationary source or major modification from which the emissions would affect a class I area, to the EPA administrator, federal land manager, and the federal official charged with direct responsibility for management of any lands within any such area. The director shall also provide the EPA administrator, federal land manager, and federal officials with a copy of the director's proposed action and shall make available to them any materials used in making the director's proposed action.

(1) The federal land manager may demonstrate to the director that the emissions from a major stationary source or major modification would have an adverse impact on the air quality related values (including visibility) of these lands,

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§11-60-61

0 0

notwithstanding that the change in air quality resulting from emissions from a major stationary source or a major modification would not cause or contribute to concentrations which would exceed the maximum allowable increases for a class I area. If the director concurs with the demonstration, then the director shall deny the application for authority to construct; and

(2) The applicant may demonstrate to the federal land manager that the emissions from a major stationary source or major modification would have no adverse impact on the air quality related values of the lands (including visibility), notwithstanding that the change in air quality resulting from the emissions would cause or contribute to concentrations which would exceed the maximum allowable increases for a class I area. If the federal land manager concurs with the demonstration and so certifies, the director, provided that the applicable requirements of this chapter are otherwise met, may approve the application for authority to construct with emission limitations as may be necessary to assure that emissions of sulfur dioxide and particulate matter would not exceed the following maximum allowable increases over baseline concentration for such pollutants:

Maximum Allowable Increase (micrograms per cubic meter) Particulate matter:

Annual geometric mean 19 Twenty-four-hour maximum 37

Sulfur dioxide: Annual arithmetic mean 20 Twenty-four-hour maximum 91 Three-hour maximum 325

[Eff. and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.P.R. Parts 50, 51, 52, 60, 61)

§11-60-62 Additional information to be submitted with applications. (a) The applicant shall submit an analysis of ambient air quality in the area that the major stationary source or major modification would affect.

(b) This preconstruction ambient air quality analysis shall be provided for each of the following pollutants:

(1) For the source, each pollutant that it would have the potential to emit in a significant amount; and

(2) For the modification, each pollutant for which it would result in a significant net emissions increase.

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• • §11-60-62

(c) With respect to any pollutant for which no NAAQS or state ambient air quality standard exists, the analysis shall contain such air quality monitoring data as the director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of that pollutant would affect.

(d) With respect to any pollutant (other than nonmethane hydrocarbons) for which standards exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

(e) The continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that if the applicant, in the application for authority to construct, demonstrates to the satisfaction of the director that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than . four months), the data that is required shall have been gathered over at least that shorter period. For data that is gathered over a period shorter than one year, the applicant shall demonstrate through historical data or dispersion modeling that the data has been obtained during a time period when maximum air qualilty levels can be expected and are representative of average concentrations to be expected for pollutants with annual standards. The "Ambient Monitoring Guidelines for Prevention of Significant Deterioration" (U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Research Triangle Park, N.C. 27711, November 1980) may be used for general guidelines on ambient monitoring.

(f) With respect to volatile organic compounds, the applicant may provide post-approval monitoring data for ozone in lieu of providing preconstruction data if all conditions listed in title 40 of the code of federal regulations, part 51, appendix S, section IV, as in effect on date of adoption ( MAR 2 5 1986 ), are satisfied.

(g) The applicant shall submit an analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial, and other growth associated with the source or modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

(h) The applicant shall submit an analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the source or modification. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 52, 60, 61)

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§ll-60-63

§ll-60-63 Ambient air increments. (a) In areas designated as class I, II, or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:

Maximum Allowable Increase (Micrograms per cubic meter)

Class I

Particulate matter Annual geometric mean Twenty-four-hour maximum

Sulfur dioxide Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum

Class II

Particulate matter Annual geometric mean Twenty-four-hour maximum

Sulfur dioxide Annual arithmetic mean Twenty-four-hour maximum Three-hour maximum

Class III

Particulate matter

5 10

2 5

25

19 37

20 91

512

Annual geometric mean 37 Twenty-four-hour maximum 75

Sulfur dioxide Annual arithmetic mean 40 Twenty-four-hour maximum 182 Three-hour maximum 700

For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.

(b) All of the following areas shall be class I areas and may not be redesignated:

(1) Volcanoes National Park, Island of Hawaii; and (2) Haleakala National Park, Island of Maui.

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• • §11-60-64

All remammg areas of the State shall be class II areas and may be redesignated in accordance with section 11-60-64. [Eff. and comp. APR 1 4 1986 ] (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 60, 61)

§ 11-60-64 Redesi~a tion. redesignated only as classor II:

(a) The following areas may be

(1) An area which as of August 7, 1977, exceeded · ten thousand acres in size and was a national monument, a national primitivearea, a national preserve, a national recreational area, a national wild and scenic river, a national wildlife refuge, a national lakeshore or seashore; and

(2) A national park or national wilderness area established after August 7, 1977, which exceeds ten thousand acres in size.

(b) Except as otherwise specified in section 11-60-63(1)), the State may submit to the EPA administrator a proposal to redesignate areas of the state class I or class II as a revision to the Hawaii state implementation plan provided that:

(1) At least one public hearing has been held in accordance with the procedures established for the preparation, adoption, and submittal of state implementation plans (40 C.F.R. 51.4);

(2) Federal land managers whose lands may be affected by the proposed redesignation were notified at least thirty days prior to the public hearing;

(3) A discussion of the reasons for the proposed redesignation, including a satisfactory description and analysis of the health, environmental, economic, social, and energy effects of the proposed redesignation, was prepared and made available for public inspection at least thirty days prior to the hearing and the notice announcing the hearing contained appropriate notification of the availability of such discussion;

(4) Prior to the issuance of notice respecting the redesignation of an area that includes any federal lands, the State has provided written notice to the appropriate federal land manager and afforded adequate opportunity (not in excess of sixty days) to confer with the State respecting the redesignation and to submit written comments and recommendations. In redesignating any area with respect to which any federal land manager had submitted written comments and recommendations, the State shall have published a list of any inconsistency between that redesignation and those comments and recommendations (together with the reasons for making that redesignation against the recommendation of the federal land manager); and

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e §11-60-64

(5) The State has proposed the redesignation after consultation with the elected leadership of local county governments in the area covered by the proposed redesignation.

(c) Except as otherwise specified in subsection (a) and section ll-60-63(b), the State may submit to the EPA administrator a proposal to redesignate areas of the state class III if:

(1) The redesignation has been specifically approved by the governor, after consultation with the appropriate committees of the legislature, if it is in session, or with the leadership of the legislature, if it is not in session (unless state law provides that the redesignation shall be specifically approved by state legislation) and if county governments of the area to be redesignated enact legislation (including resolutions where appropriate) concurring in the redesignation;

(2) The redesignation would not cause, or· contribute to, a concentration of any air pollutant which would exceed any maximum allowable increase permitted under the classification of any other area or any NAAQS; and

(3) Any permit application for any major stationary source or major modification subject to this subchapter which could receive a permit only if the area in question were redesignated as class III, and any material submitted as part of that application, were available, insofar as was practicable, for public inspection prior to any public hearing on redesignation of any area as class III. [Eff. and comp. APR 1 4 f986 1 (Auth: HRS §§342-3, 342-22; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 60, 61) (Imp: HRS §§342-3, 342-4, 342-22, 342-23; 42 U.S.C. §§7407, 7410, 7416; 40 C.F.R. Parts 50, 51, 60, 61)

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- • • The amendments to and compilation of chapter 11-60, Administrative

Rules, on the Summary Page dated MAR 2 5 1986 , were adopted on MAR 25 1986 , following a public hearing on Oahu on May 21, 1984, in

HUo, Hawaii, on May 23, 1984, in Kailua-Kona, Hawaii, on May 24, 1984, on Kauai on May 1 'l, 1984, on Maui on May 22, 1984, after public notice was given in the Honolulu Advertiser on April 1 'l, 1984, in the Hawaii Tribune Herald on April 13, 1984, in West Hawaii Today on April 13, 1984, in the Garden Isle on Aprill6, 1984, and in the Maui News on Aprill3, 1984.

These rules shall take effect ten days after filing with the Office of the Lieutenant Governor.

~ .. $~ 'LfsLiS: MATsUBARA

Director of Health

Dated: ~tA{ ).£", !Cff& J

APPROVED:

G vernor ate of Hawaii

Dated:~ :2-1 /15% April 3, 1986

Filed


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REMARKS: - University of Hawaii · 2018. 8. 2. · WILLIAM W. PATY CHAIRPERSON JOHN C. LEWIN, M.O....

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Transcript of REMARKS: - University of Hawaii · 2018. 8. 2. · WILLIAM W. PATY CHAIRPERSON JOHN C. LEWIN, M.O....