(a) The director shall establish fees for permits issued pursuant to this chapter to be paid by the applicant prior to the issuance of the permit and thereafter on a schedule established by the department.

Terms Used In Hawaii Revised Statutes 342B-29

  • Ambient air: means the general outdoor atmosphere. See Hawaii Revised Statutes 342B-1
  • Covered source: means :

    (1) Any major source;

    (2) Any source subject to a standard of performance for new stationary sources as established by the director pursuant to this chapter;

    (3) Any source subject to an emissions standard for hazardous air pollutants as established by the director pursuant to this chapter;

    (4) Any source subject to the rules for the prevention of significant deterioration of air quality as established by the director pursuant to this chapter; and

    (5) Any source in a source category designated by the director. See Hawaii Revised Statutes 342B-1

  • Department: means the department of health. See Hawaii Revised Statutes 342B-1
  • Director: means the director of health. See Hawaii Revised Statutes 342B-1
  • Permit: means written authorization from the director to construct, modify, relocate, or operate any regulated air pollutant source. See Hawaii Revised Statutes 342B-1
  • Permit program: means the program established pursuant to part III of this chapter. See Hawaii Revised Statutes 342B-1
  • Regulated air pollutant: means :

    (1) Nitrogen oxides or any volatile organic compound;

    (2) Any air pollutant for which a national or state ambient air quality standard has been adopted; and

    (3) Any air pollutant that is established by rule pursuant to this chapter pertaining to standards of performance for new stationary sources and emissions standards for hazardous air pollutants. See Hawaii Revised Statutes 342B-1

  • Source: means any property, real or personal, which emits or may emit any air pollutant. See Hawaii Revised Statutes 342B-1
(b) Fees for covered sources shall adequately cover the direct and indirect costs required to develop, support, and administer the permit program, including the reasonable costs of:

(1) Reviewing and acting upon any application for or renewal of a permit;
(2) Implementing and enforcing the terms and conditions of any permit, including legal support;
(3) Monitoring emissions and ambient air quality, including resources to audit and inspect source-operated monitoring programs at least once a year;
(4) Preparing generally applicable rules or guidance;
(5) Performing or reviewing modeling, analyses, and demonstrations;
(6) Preparing inventories and tracking emissions;
(7) Providing support to the small business assistance program; and
(8) Administering the fund.
(c) Fees for covered sources shall be based on the number of tons of regulated air pollutant, excluding carbon monoxide, allowed or emitted by the permitted source and shall not be less than $25 per ton per year.
(d) Unless changed by rules, fees for covered sources shall be changed in December of each year only by the percentage, if any, by which the consumer price index for that calendar year exceeds the consumer price index for the prior calendar year. The consumer price index for any calendar year is the average of the consumer price index for all urban consumers published by the United States Department of Labor, as of the close of the twelve-month period ending on August 31 of each calendar year.
(e) Nothing in the cost-per-ton fee provisions of subsections (c) and (d) shall restrict the director from assessing more or less than the amount determined under subsections (c) and (d) from any one covered source or any class or category of covered sources, as designated by the director; provided the department collects a total amount of fees sufficient to cover the costs of the permit program.

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