AIR POLLUTION  CONTROL
IN THE  STATE OF HAWAII
     AN EVALUATION REPORT
     WITH RECOMMENDATIONS
   FOR  PROGRAM IMPROVEMENTS
  U. S. ENVIRONMENTAL PROTECTION AGENCY
        Office of Air Programs

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             THE STATE OF HAWAII

         AIR POLLUTION CONTROL PROGRAM
                                              •i  0 0
             AN EVALUATION REPORT             i  " "
WITH RECOMMENDATIONS FOR PROGRAM IMPROVEMENTS
               .Dan J. deRoeck
       .ENVIRONMENTAL PROTECTION AGENCY

        Air Pollution Control Office

               February 1971

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   •^1
    * v*«
    • ••£
   3-1
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                              TABLE OF CONTENTS
                                  .   .                                PAGE

 '•;,.       INTRODUCTION	    1

          BACKGROUND	    3

      1.   ADMINISTRATION	  .	    5..

          Organization	    5
          Regional Air Pollution Control Activities  	    6
          County Advisory Air Pollution Control Associations.  ...    8
          Program Objectives and Planning  	    9
,,.         Information and Education	10
          Training	11
          Manpower Needs	   12

      2.   LEGAL ASPECSS		  .  .   16

          Legal Authority	16
         'Regulations	   20

      3.   TECHNICAL SERVICES. ....  . 	  .-.-.-.-.--.-.•-.-—.  ...   27-

       "   Air Quality Monitoring	27
          Laboratory Operations and Facilities	31
          Instrument Calibration and Maintenance	32
          Data Processing and Analysis	33
          Meteorological Data	".	35

      4.   ENFORCEMENT	   37

          Compliance Schedules.  ..................   38
          Violation Identification.	.j_•__...^-_a_-  ."....  -.39 _
          Complaint Handling		41
          Scheduled Inspections	42

      5.   ENGINEERING 	  	  .......   44

          Emission Inventory	   44
          Permit System	'...........   46
          Source Testing	  . _47
          Emergency Plan	"l~T~7~7~~".	'".	49

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   • 5
   ,'.-'*
.' 1
  'i
          "                 INTRODUCTION              '        ' "'       .
     . .        * i . .y" •                       •
     '-.''.'                                                       *
     The State  of  Hawaii was  designated as  an Air Quality Control

 Region on August 13,  1970.  The Hawaii Air  Quality Control Region

 consists of the  territorial area encompassed by the outermost boundaries

 of the State including the territorial areas of all municipalities

 located therein; "  In  accordance with the Clean Air Amendments of 1970,

 the State must  submit "a plan which provides for implementation,

 maintenance and  enforcement"  of national ambient air quality

 standards.  The  implementation  plan must be submitted  to the

 Federal Government for review and approval  within nine months after

 the standards are  promulgated..

„    -The purpose of this report is to present a preliminary review  of  .
           . -'y .             ,        ....	 „   . _   _                        __
 activities being performed by the State of  Hawaii to fulfill their

 responsibilities as described above, and to review proposals and make

 recommendations  affecting  future progress of the State's efforts.

 This report is based  on information and material supplied by the

 Air Sanitation Branch,  Hawaii State Department of Health.   Their

 cooperation and  assistance is gratefully acknowledged  at this time.

 In addition, information contained in the grant files  of the Air

 Pollution Control  Office in Raleigh, North  Carolina, has been utilized.

 This evaluation  procedure  does  not provide  sufficient  information to

 support a comprehensive functional program  audit.   An  in-depth study

 of the State's  air pollution  control program should be made within  a

 year to evaluate the  State's  progress in the development and implementation

 of a comprehensive program, that will adequately preserve air quality.

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          -  : •;»/•• :  i
          ' • j *.'j,> »• ' _ •

N1IHAU
                   LIHUE
                                       cr/VA«y
                                         so
                                        Mile*
                                                 75
                                                         100
                                                 Slolt of Htwoii

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-                            BACKGROUND
  ' • .  .    » R, -**'  '   .»
  '•  •      .     -

      The State of Hawaii is relatively free of'serious large scale air


  pollution problems.  The prevalence of the trade winds, and local


  winds of mountainous °r oceanic nature, preclude the occurrence of


.atmospheric stagnation conditions as experienced inrmostjsections of


  the mainland. ^However, meteorological conditions and point source


  emissions are factors causing local air pollution problems of immediate


  concern.


      Hawaii consists of four counties, which include eight major


  islands.  Th^island of Oahu (Honolulu County) is perhaps of greatest


  concern because of its high population density and its relatively high


  concentration of pollutant emission sources.  Oahu's land area of 604


.square miles represents less than 10 percent of the State's total size,


  yet 82 percent of the State's 748,575 persons live there.  The great


  unbalance of population to land area is further increased by the fact


  that half of the State's residents are concentrated in the City of


  Honolulu.


      The major source of pollutants is the automobile.  This source


  contributes almost 43 percent (by weight) of the State's total


  pollutant emissions.  Honolulu County, where 79 percent of all motor


  vehicle travel occurs, frequently experiences a photochemical problem


  from this source.


      The State is notably devoid of heavy industrial complexes with


  the exception of a petroleum refinery and a steel rolling mill.  From

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                  an air pollution standpoint, the refinery and the mineral products




                  industry are the most significant industrial process sources of air




           :       pollutants.                                    ,




•—^              .       The southwest corner of Oahu has been zoned as a heavy industrial




                  area.  Fortunately, the tradewinds carry most of the pollutants from




                  the  sources in this area out to sea.                     ..-.''<




                       The most important fuel consumed for heat and power is residual




                  fuel oil.  There are seven uncontrolled major steam-electric generating




                  plants in the State (three are located on the island of Oahu).




                       Emission inventory data (1968) indicates that the bulk of domestic




                  refuse is disposed of by means of on-site backyard burning.  Even in




                  Honolulu County, where the only two municipal incinerators are located,




                -  backyard burning prevails over any other disposal method.  The central




                  disposal facility in each county practices open burning as a means to




                  teduce bulk.




        -               Agriculture, mainly the sugar cane and pineapple industries, are




                  an important aspect of Hawaii's economy.  The sugar industry is a




                  significant source of particulate emissions particularly during land




                  clearing operations.  While the pineapple and coffee industries have




                  odor-related problems, they are generally considered local in nature.

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3
:.'i
            '        '      ADMINISTRATION


     The Air Pollution Control Law, Chapter 322,' Part V, Hawaii
  •*
Revised Statutes provides the legal authority with which the State

of Hawaii presently acts to control air pollution in the State.

Utilizing the provisions of this authority in two counties Public

Health Regulations, Chapter 31, Air Pollution (Honolulu City-County)

and Public Health Regulations, Chapter 35, Air Pollution (Maui County)

have been adopted by the State Department of Health.  The State air

pollution control program, as administered by the Department, is

responsible for the enforcement of all air pollution regulations.

     Financial support from the Federal Government to stimulate the

development of an effective control agency was received by the

State of Hawaii for a three-year period commencing in April, 1965,

and ending in March, 1968.  The budget for fiscal year 1969-70 totaled

$72,857 (no Federal assistance) as compared to $30,943 during the

previous fiscal period.  Based on manpower projections (see page 15)

and assuming a full-strength operation of 26 man years of effort,

APCO estimates a total budget requirement of approximately $442,000

for the Hawaii State air pollution control program.


Organization


     The responsibility for air pollution control in the State of

Hawaii has been delegated to the State Department of Health.

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..VI
 '!
                                                 6   ,


                  Control activities are presently being conducted by the Department

                  through the Air Sanitation Branch of the Environmental Health Division.

                  The Air Sanitation Branch has recently experienced a significant

                  growth in manpower which has provided the program with additional

                  strength and competency.  With the expansion, the Branch has proposed

                  an organizational structure designed to establish a more clearly
                               \
                  defined functional division of manpower than had been possible

                  previously with the smaller organization.  When approved, the Air
                      >•
                  Sanitation Branch would be divided into three functional sections -

                  Technical Services, Investigational  and Enforcement, and Engineering
                             -:±H»
                  and Support.  (Refer to the proposed organizational chart, page  7.)

                  Administrative responsibility would  be retained by the full-time

                  Branch Chief (EHS VII), with each section supervised by an individual

                  responsible for coordinating the activities of subordinate personnel.


                                 Recommendation   1.1 .  Update the position descriptions

                                 for all personnel in  accordance with the proposed

                                 organizational structure of the Air Sanitation Branch.
 Regional Air Pollution Control Activities

                                            r
     ."..The unique island geography of the State of Hawaii

vhas  resulted  in the air pollution  control agency's development  of

 some program  operations on a decentralized  basis.  The  State  agency

 has, in  fact, commenced with the construction of  permanent  facilities

 on the islands  of Maui, Kauai  and  Hawaii  so that  at  least one member

 of the agency could be permanently located  at each of  these major

 locations.

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                                                                                               •%
T^fyV^jSi^^^                      .. . r- _'.•. .-... ;,fyv<
                                                                                                   ;:;/'^-'>''-'--^£^- i ^; &5s'i. :•. .'j
      COUNTY ADVISORY AIR POLLUTION
          CONTROL ASSOCIATIONS -
          1.  Honolulu Co.
          2.  Maul Co.
          3.  Kauai Co.
          4.  Hawaii Co.
TECHNICAL SERVICES
      SECTION
   Cheir.if-t IV
   (Pos// 3107)
          CHEMIST  III
           (Pos# 21933)
          CHEMIST  III
                 2193/.)
                                              ORGANIZATIONAL CHART
                                              AIR SANITATION BRANCH
                                                  BRANCH  CHIEF
                                                    EHS VII
                                                   (Pos# 3219)^
INVESTIGATIONAL AND
    ENFORCEMENT
      SECTION
      EHSJTV
      TPo^ 21930)
                     4
            SHS  III
               r.ff'  3110)"
                       EH3  III
                           E#  21270)
                                                           Kia III
                                                           (Po-^ 211*20$
                                                           Oahu-75^ '
                                                           EHS III
                                                           (Pot-.// 21932)
                                        CLERICAL
                                         Steno III
                                          (Pos# 120A2)
                                         Steno II
                                          (Pos^ 21931)
                                                      ENGINEERING AND
                                                           SUPPORT
                                                           SECTION
                                                       Enrinccr III
                                                        (Per;.?  1239TT
                                                       EHS III. KCOLOGIST
                                                        (r-o'^  22209) v
                                                                                            MECHANICAL ENGR.
                                             State  Assignee
                                                from  EPA

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                                                    8
                                        *•
          ^_ _j^  " _ _     " j_  	a,       ' " '                "                    • •


                  These  facilities will include laboratory space for the analysis of


                  all  samples collected on these islands.  Present plans include the


                  assignment  of  one Environmental Health Specialist (EHS III)  to each


                  of the three islands by the summer of 1972.     " •   "   >• -


  -'•;«                   Certain activities such  as routine enforcement  and  air sampling


! .:.!;j     .      .   operations  are best  performed from a decentralized point of operation.


',. Sii              This is especially true considering the island setting of Hawaii.   In

':"M
_:~v>              order  to ensure  a  successful  decentralization of air pollution control

 - '^" . 4        •***           '                                      .<.•''         '' '"
  .V-j              activities,  the  State agency  must develop an operational plan that
 • ' "?..:•<
 . ~. .~=jt

 /t{  j       .       provides for adequate coordination of program activities  and optimizes


    A              the use of  all facilities  now being constructed.   The area of greatest


 , .;«!t      '      • 'Concern with regard  to  the regional activities is the possible


 ....—^          .    duplication of laboratory  operations for the analysis of air quality


  :'|              samples.  A discussion  of  this potential problem is  incorporated

 • • " j  •          '  •
  ',- •'•              within the  discussion of laboratory operations and facilities in


 .- '=M              the technical services  section of this report.




  .'JU;              County Advisory  Air  Pollution Control Associations




v,'Vi;i     ~   "          A special feature  of  the air pollution control  effort in the State


 .  •-              of Hawaii has been the  establishment of four county  advisory air


 ~ - :,              pollution control associations.  The primary function of the advisory


.1; :  :              associations is  to study air  pollution problems in their  respective


.  . -:              counties and present recommendations to the State Department of Health.


   ••',              In addition, all local  rules  and regulations are forwarded to the

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"J'~{l .             affected county association for comment before being adopted by the

  •;|              State Health Department.  As required by law, the secretarial position,

  °;|              for each association has been filled by a member of the Air Sanitation

 : -|             -Branch.  (See Enforcement Section, page 36.)

   •               :    The last county to establish this activity is .Hawaii County.  The

  '.;              Director of the State Health Department designated members for this
.  .3                  '•          . •-;;'
- vj              advisory association and scheduled the first meeting for January 27,  1971,
                   Program Objectives  and Planning

                   '           - ?_iti3»    .<
                         The foundation for  an effective  and  timely  development of program
                      .
                   activities is a comprehensive  system  of program  planning.   Such
                          '••-
                   planning requires a realization  of  the objectives  which must ultimately

                   be achieved.  A successful program  for air  pollution  control would

                   include the defining of  long-range  objectives  (5 or more years),  but

                   must  be supported by intermediate and short-term objectives as well.

                         In awareness of the ultimate goal "to  prevent, abate  and control

                   air pollution" the  State agency  has developed, within its  area of
                           •_..._.    	           -	-
                   jurisdiction, specific short-term objectives.  Immediate plans include

                   developing and implementing a  permit  system, updating the  emission

                   inventory, and expanding the air" monitoring network.   The  recent

                   expansion of the agency's staff  and the proposed restructuring of the

                   organization represent significant  steps  in fulfilling these plans.

                   Further success will be dependent upon making necessary changes in

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.
m
                                                  10




                    legislation,  periodically  evaluating manpower  and resource needs,


                    and continuously monitoring and  modifying program activities to remain



                    consistent with environmental  needs.  In addition, agency plans should


                    include a timetable of interim ambient air quality objectives and  a


                    date for final achievement of  ambient air quality standards.  All  program



                    plans should guide the agency  toward a more aggressive enforcemerit policy


                    in complete support of ambient air quality goals, and consistent with



                    the Air Quality Control Region Implementation  Plan requirements.  The 1970


                    Clean Air Amendments, Section  110, requires the State Implementation Plan


                    to provide for attainment  of primary air quality standards within 3 years


                    after its approval.




                                   Recommendation  1.2 .  Develop  a system to


                                   monitor and evaluate progress being made toward


                                   achieving all long- and short-term objectives.


                                   Complete immediate  plans to update the emission


                                   inventory,  expand the air sampling network and


                                   develop a permit  system of operation.




        - • —'	  -—'•  Information and Education




   fi                     The agency has employed the services of an Information Specialist


   '<(                (Ecologist) to develop a public  information program.   A successful


   1                communication system should be developed to transmit  status reports

   .3                   •          .                                  "~

   |                and control activities in  a manner that effectively obtains or
   \

   1                sustains public interest and support.  Those needing  such information

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•;•;$

                                                  11
                    include public officials, the employees and management officials of

                    emission sources, the news media, and the concerned public.


                                   Recommendation  1.3 .   Develop a public information

                                   system to compile and  distribute pertinent information

                                   to all concerned groups and/or individuals.  The

                                 .  system could also be designed to include provisions

                                   for film presentation, lectures, and- distribution of

                                  air. pollution literature.


    ;;                Training


    ,:                     A program of in-service training has been planned to provide
   Vj
   ;•                new personnel with an understanding of the agency's administrative
   •j        ......_'
   '•i                and operating procedures.  In-service training should be coordinated
   .. j

   •.;                with a program of formal training courses to further develop

   „••)                individual  skills and competency.  It is important that new personnel

   rl       .        .receive training in the areas in which they are expected to perform;

   ,--,                however, an ongoing training program  should not exclude what may be

   •-3                considered  to be the "experienced" segment of the staff.  All personnel
   >."'j                                                          -- -            - -
   -";       -         must be provided the  opportunity to  update and expand technical,

    :\                managerial  and other special skills.
    i
    .J                     In the past, State funds were not available for out-of-State
    'i
                    travel.  It is important, especially  with the isolation of this

                    State, that the appropriation of funds for out-of-State travel be

                    made immediately so as not to jeopardize essential training activities.

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  •::1                       ''."-,                      '              '


  ":^;3                   .             Recommendation   1.4.   Develop a training program



                     •-.''•.."---         /  f°r flH  staff members.  The program should be designed



                        .  -   .      "  to  take  advantage of formal training courses provided



-: .>VJ                       _         by  APCO, universities, etc. in order to increase and



 .".V-3                          '      improve  staff effectiveness.  Formal training should



:•:?:••-;. :-'                 .              .be  supplemented by in-house training activities



  ~'.':'-4                         "       designed to meet special needs.
  ' <~ *• ^          ' .'           .         *                                •      •



X'iȣ^               Manpower Needs





    1                     The State air  pollution control agency must evaluate existing



 -;-v'.vj               resources and perform estimates of all resource needs required to



   0               operate an effective  control program.  In estimating resource needs,



 :.; \        _      the component of greatest concern is that of manpower.   Manpower is



 ;-'•'':^"\  "            of primary concern  because it is so often the most difficult resource



     i               to acquire, the most expensive to maintain, and the hardest to justify.

    '. '1

 .'>: .i                     The recent  expansion to fourteen  persons has  allowed the agency



:•'":•&'•"'• \               to focus attention  on the development  stage of various  projects that



 .:•";:•••.')               will  play an important role in the control program's effectiveness.
  <: .--j


 ,-.-'-               However, the successful  implementation and routine performance of



 • '.!               essential activities  such as an ongoing  emission inventory, the permit

   '"" 'i

  .  I               system, and an active air surveillance program will require an increase

 ' • '• 1

     |               of staff over that  now employed.   Manpower estimates based on the

   •v •
    :1               APCO  manpower model are  presented on page 15.  The estimates indicate



 --  - .'•=               the total manpower  strength (and the specific functional areas to



, \:'     .            which the man years of effort_are to be  applied) considered to be

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                                               13



                adequate in order to operate an effective and comprehensive air


|               pollution control program in the State'of Hawaii.

'V
'j                    It is recommended for the present time that the agency continue

   :                  .
4            '   with its plans to permanently locate one Environmental Health Specialist
3                                 •      .
i          .
.j               (EHS III) on each of the islands of Maui, Kauai, and Hawaii.  The
*i

;               three individuals thereby assigned would handle routine enforcement
ii
?*               activities, necessary air sampling, and generally any basic operations
•-'
:j               as needed on the respective islands.  It is anticipated that assistance


•:               will become necessary on occasions to perform special studies, handle


 j               complex engineering problems, etc.  This assistance should be supplied


:j               by the main office in Honolulu.  The agency should not assign additional


 ]               personnel to the islands until the need is clearly justified.

 j                    The major portion of the manpower will remain in the central


 :               Air Sanitation Branch Office in Honolulu.  This is to be expected not


 ;    •           only because of the more comprehensive air pollution control effort
_ j

.3               required for this city-county area, but also because many operations
. i
j               for the entire State can be most efficiently and effectively handled
•%

'•               from the central operating point.  All management services should be


 ;  	-	      performed centrally.  Perhaps the area of most immediate concern is
 i

 ;               the recruitment of personnel to replace the vacated positions in the


/               Investigational and Enforcement Section when assignments are made
."^
';               to the islands.  These replacements should be obtained as soon as


'1               possible so that the individuals may have sufficient time to gain
 >

                required knowledge of agency policies and operations, as well as

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 :>.'•::•!
-  ^:
 4;"-"
                                 14


specific job techniques.  Proceed with efforts to bring all  other

areas of the program to full strength so that a well-balanced  air

pollution control effort can be implemented.


               Recommendation  1.5.  Evaluate overall manpower needs.

               Place priority on those functional areas of immediate

               importance to the control program (see estimate of

               manpower, page 15).  As EHS III positions are transferred

               to the outer islands, replace these positions with

               inspector (enforcement) personnel for control program

               activities in Honolulu metropolitan area.

  ;H
   •A

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 -m
                                                  15
                                    ESTIMATED MANPOWER NEEDS FOR THE
                              HAWAII (HONOLULU) AIR QUALITY CONTROL REGION
.-, -. •«**
   a	
Function .
Management Services
Policy, Recruitment, etc.
Staff Training,^ Education/Information
Administrative and Clerical

Field Enforcement Services
Scheduled Inspections - Fuel & Refuse
,._ Indus try
Complaints and Field Patrol
— -z*
Engineering Services
Permit System . -
Source Testing .,
Emission Estimates
Engr'ing. Repts., New Regs-., etc.
/"
Technical Services
i
Air Quality Monitoring
Special Studies
Data Processing
Instrument Calibration
Lab. Operations

TOTAL
Total

1.4
1.3
5.0
7.7

2.0
1.5
5.7
9.2

2.6
0.8
0.6
1.0
5.0


1.1
0.7
1.0
0.5
0.8
4.1
26.0
Honolulu Co.

1.0
1.0
3.0
5.0

1.4
1.1
4.7
7.2

2.0
0.6
0.4
0.7
3.7


' 0.4
' 0.4
0.7
0.3
0.5
2.3
18.2
Remainder
of Statp

0.4
0.3
2.0
2.7

0.6
0.4
1.0
2.0

0.6
0.2
0.2
013
1-3

•a
0.7
0.3
0.3
0.2
0.3
1.8
7.8

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r=p?*1
  ''"
                               16


       '          '•'.'-'        LEGAL ASPECTS


     The State of  Hawaii's legal authority and regulations pertaining

to air pollution control have been reviewed in order  to assess  their

consistency with state-of-the-art control efficiency.  This in  no way

implies adequacy in meeting air quality standards for any particular

burden area in the State.  Areas have been identified where legislation

is completely lacking or modifications need to be made.  Additions

and modifications  as required by the Clean Air Amendment of 1970

must be accomplished within a reasonable period as they will effect the

acceptability of the State Implementation Plan for the Air Quality

Control Region.


LEGAL AUTHORITY


Section 322-64  Powers; Specific


     Part (4) provides the authority to requirfe the submittal of

plans and the filing of reports to the agency.  The provision for

requiring reports, however, "shall be conditional upon either the consent

of the person engaged or desiring to engage in operations which may

result in air pollution or the direction of the department, which

direction may issue only after a hearing upon notice to the person

engaged in such operations."  This section of legislation is interpreted

to make each "direction" of the health department  (Air  Sanitation

Branch) a separate order.  This policy is felt to be inadequate for

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. •:.]]                                               i?


                   obtaining  essential  source and emission information.  Hearing  procedures

                   would overwhelm the  agency if this action is required for every

                  '•emission source.   "" ""_'..'     •



                                   Recommendation   2.1;  Obtain adequate legal

 •V.r«j                               authority which gives the air pollution control

 •>?-J                               agency power to require the reporting of  emission

  •'";!                               and source information without the clause for a

•.£w^                 •  ' ,           hearing prior to each action.



•?[v; J         .      Part (5) contains a  confidentiality of records provision.  The Clean

  - .;               Air Amendments of 1970 require that States make all pertinent  emission

  —•^               information available for public inspection.  This authority must be

   ''               clearly established  in the State's Legislation.


' • '~'i^                   (
'.' ."-•''             '                  Recommendation   2..2 .  Obtain authority to require

                                   that  emission information and data be made available

   -^               .,                for public inspection.
  ••'.. j
  • J-₯i

  '..,:;',               Section 322-69  Enforcement
  " ""' ?
  -:'-,         '           Part  (a)  requires a hearing to answer all charges of complaints
~ * -*' ^*»
 '& -\ ~-\
•;.'••'.               made against air pollution violators whether the charges be filed with

                   or  by  the  Department of Health.  Essentially, this means that  the purpose

 •.;•'.               of  the hearing is to determine the initial guilt of any  suspected

  '/ '               violator.   The determination of initial guilt should be  a responsibility

                   of  the air pollution control agency - more specifically, the enforcement

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   •/  "~   -'•--^-'	~<—•"--•    ^—^-
    1    • •
                                                   18
                    personnel who will be trained to recognize and document violations

                    (e.g., open burning and visible emission violations) of applicable

                    State regulations.               '

                         The State law must provide the agency with adequate authority to

                    expediently enforce and abate emission violations.  The hearing procedure

                    must not be mandatory but should be provided as a means of reconciling

                    compliance schedules and for public recourse in grievance cases.


-\.-'"-;jj                    .          Recommendation   2.3 .  Establish clear authority for

 •£j;-_--j                              the Air Sanitation Branch (or the Health Department)

  .V-rij
  • /•.•;•'*                          - -^.~*o issue a notice of violation which includes an

 .'•-••• •!?;•<                      ,       abatement order and without the mandatory requirement

  V j                .      \.-   '-..of hearing procedures.   Changes in part (a) of

  '•r-fi               :           '    this section will require a change in part (b)
  ' . • M           .                '        -        ' "• •                        "      '
   \"|                              as well.     ...


 ;•-<<               Section 322-70  Orders;  Progress Reports        •

   . Ifi                    -As a result of recommendations made for Section 322-69, Enforcement,
    tj

    :]               part (a), orders to require corrective measures by a violator need not

  .  ;j               be made "consequent to the hearing" if such hearing is not utilized.

   * '              *      *       *                                              •  •

    .!                              Recommendation   2.4 .  Remove the phrase "consequent

  •'.']'                           t6 the hearing" from Section 322-70, Orders, Progress

     ;                              Reports to be consistent with Recommendation 2.3.

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                                                19
                                  •• .  •    .
                                  '                '    .
                 Section 322-72  Penalty for Violation of Rules  and  Regulations

                   '••   The present penalty for violations of any  air  pollution  control

                 rules or regulations stipulates  a $500 fine, with each  day  of violation
     '                                                       •'      •
               :  constituting a separate offense.  Violations must carry penalties

.J  .             severe enough to discourage violators from incurring  the penalty  as  a

 :"j               cost of doing business which involves less expense  than incorporating
' •!                   '            **
-'!               control measures.  For this reason,  it is generally felt that the
 •1
^j               maximum penalty provision be at  least $1000 per day with each day of

 ^               violation  a  separate offense.   (Some States  now provide for civil
 *j
  t
:,.]               penalties  up to $10,000 per day.)
 .1
 j                            - —«*    '
 :j                               Recommendation  2.5.  Modify  Section 322-72, Penalty

 ;1                       '•-.       for Violation of Rules and Regulations, as amended, to
r '(               .''•".•
 '-i                            ''''  establish a larger monetary penalty sufficient to
     '
 %                               discourage unjustifiable and frequent violations of any
 '.»
"..'                               air pollution control rule or regulation.



.  q               Emergency  Episodes

  ]
 }i
  |.                    The State agency does  not have adequate authority  to implement  an

 -; ^         •      emergency  episode plan necessary for the  protection of  health and

'.-.]               welfare.   An acceptable  Implementation  Plan  requires  the authority for

,.-':               the State  agency  to  seek  immediate  abatement of those conditions which

                 create an  air pollution  episode  in  any  or all  parts of  the State.  The

•, •'               authority  should  eliminate  any conflicts  or  unnecessary administrative
'•  '*
.'. "i
                 procedures which  cause undue delay  where  immediate  action is  essential.

  "i                    Further discussion  of  the emergency  episode  plan is found  in the
 .,."/
                 Engineering  Section, page  48.

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                               20





         ' . •"   Recommendation   2.6.  Obtain authority through



               State legislation to implement emergency episode



               procedures.  This authority should be comparable to



               Section 303 of the Clean Air Act, as amended (1970).




     The Clean Air Amendments of 1970 have necessitated specific



inclusions to the State of Hawaii's enabling legislation of the



State is to carry out its responsibilities.  This required legal


authority must be adopted so that the State can provide an approvable



Implementation Plan.




               Recommendation    2.7.  Obtain the folLowing provisions



               as required by the Clean Air Amendments of 1970:



               (1) Authority to require installation of equipment,



               by owner or operator of stationary sources, to



               monitor emissions and to conduct source tests.
     «


               (2) Authority (to the extent necessary to achieve and



               maintain National Air Quality Standards) to adopt



               land use and transportation control.



               (3) Authority (to the extent necessary and practicable)



               for periodic inspection and testing of motor vehicles



               to enforce compliance with applicable emission standards.




REGULATIONS




     The air pollution control regulations for Honolulu County (Public



Health Regulations, Chapter 3D and Maul County (PHR, Chapter 35) are

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                               21







seriously outdated and very limited in scope.  The State must proceed




immediately to update existing regulations and develop additional




regulations as necessary to satisfy Implementation Plan requirements




and to protect and preserve air quality.




     The State has not developed regulations for the counties of Kaui




and Hawaii.  These counties contain sources of air pollution that' must




be controlled and abated.  Furthermore, the regulations should be




designed .to prevent future air pollution problems.  In view of the




inadequacy or non-existence of present regulations, the State must




enact a set of regulations applicable to the entire Air Quality Control




Region consistent with Implementation Plan requirements.  The State will




also be required to possess and demonstrate the legal ability to




regulate, through control, prevention and abatement, all potential




sources of air pollution.






               Recommendation   2.8.  Develop and promulgate a set




               of Statewide air pollution control regulations.




               These regulations should reflect the latest control




               technology .and must satisfy air quality needs in




               accordance with Implementation Plan requirements.






     The development and promulgation of air pollution regulations




should include, but not necessarily be limited to the following




categories:

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                                                22
                      (A) Particulate Matter


                           (1)  Visible  Emissions


                     •           The  present  trend of new regulations is to require all
•'j            •         ..'-..

".'J                .         new  sources  to  meet  No.  1 Ringelmann or its equivalent


 ]                         opacity.  As a  part  of this regulation existing sources
 V  •                  ,••.,.'

 i              •  . -.        should  be scheduled  to meet the same standard within a 'time
 "t              * .               y

..',    •   -    .              period  as specified  by the agency, but no longer than three
 '!    '"•'"•
•'i       -        .          years.

 ^5                     •*        .


 ": -                             Recommendation    2.9.  Promulgate a regulation to


 '•;]           -         .      ..^^iimit visible emissions to a No. 1 Ringelmann and

 ,-i      *
 •                               20 percent equivalent opacity for all new sources.


•'".                .       '•* ;.      The  regulation  should include the provision that all


ij             •  ,.               existing sources comply within 3 years or a time to be


 :i                               specified  in the State implementation plan - whichever


[.'I                               is  more stringent.




                          (2) Open Burning '    _...'..•'  v'v •••'-:»     ' •   •«-   '


                               The State agency must have control over all open


                         burning  operations.   Exempted sources such as fire training


                         schools, disposal  of  hazardous materials, etc. should be


                         permitted  only through direct agency approval.  Agricultural


                         burning  should not be exempted.   (The problem of agricultural


                         burning  as related to the  process of sugar cane production is


                         unique to  four areas  of the United States- Puerto  Rico,


                         Florida, Louisiana and Hawaii).   Open burning of this nature

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';!               •  •                              23


rv^                          contributes significantly to Hawaii's total emissions of


;fcf|-                          particulates, carbon monoxide, hydrocarbons, and nitrogen


•>-j                          oxides.   Sulfur oxides emissions are considered to be


 •|                          negligible.  Admittedly, alternative methods for the harvesting

-I
 :'\                          process  are few in number; however, they do exist.  Agricultural


 -J       .                   burning  should be phased put through a timetable developed by


*$%                          the agency and submitted in the Implementation Plan.

 7!
 . •!
 iVi
••3J&                               Recommendation 2.10.  Promulgate a regulation to ban

 "•if                                                   i
 r-|                               all open burning activities except as specifically


. ,-j                               approved by the agency.  Agricultural burning should


£3g                               be  phased out and not exempt from the regulation.
•^-'r*


 I                          (3)  Incinerators
  ^
  i
. ~J    •                           Incinerators have been shown to be significant contributors


  J                  .        to the air pollution problem in many cities.  EPA-APCO has


!-'.;
-------
                     24
*i
 "~&M

  'W
existing municipal incinerators and future incineration

facilities to be constructed in the State.  This requires a

well-designed multi-chamber or multi-stage combustion

incinerator.  In many instances a scrubber or other control

device will be required to adequately control particulate

(primarily fly ash) emissions.

     Recommendation  2.11.  Promulgate an incinerator

     regulation.
               j~
(4) Fuel Burning Equipment

     A particulate emission regulation must be developed to

control fuel burning equipment.  The regulation should

emphasize control of the steam-electric generating plants

which presently have no control systems.  The problem of black

smoke can be adequately corrected by improving combustion

techniques; however, oil-fired fuel burning equipment will

continue to emit a visible mist when sulfur content exceeds

0.5 percent by weight.  EPA-APCO has proposed a regulation that

would limit the emission of particulate matter, from oil-fired

fuel burning equipment rated greater than or equal to 250

million BTU per hour heat input, to 0.025 pounds per million

BTU per hour.  This regulation should provide the State of

Hawaii with adequate air quality protection and be.compatible

with the States image of a clean and healthy environment.

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   .'";                                                  25
    1

 - -   . !                                 . '
 o.;;.j                                Recommendation 2.12.  Promulgate an adequate
   « !

'.:." -t^j                             '   regulation to control particulate emissions from

•V  &                               .<
 • -  .~^G
   :*;                                fuel burning equipment,  with emphasis on oil-fired

"••'^5                                                  '
 :•"• jj                                power plants.




":.:.";;":^                       ,    C5)  Process Equipment

 '"'^
  :f-^                  -            The  process-weight or potential  emission rate concept


:;S:-v'-'i                          has  been  proven to be an effective means of  controlling

S^
 ," .  $                          most types of process emission sources.   This restricts
 :.';.;^

;:   •                          total  particulate emission rates  from industrial processes


 ' ;...t                          as a function of the process-weight rate.   Process weight

 ' ?-'5                            - ms*

                              is,  generally, the total weight of all  materials, except


 >  ;                        :  gases, introduced into a process.  This approach removes


 .,  •';•                          dilution  as a means of circumventing  emission standards and

 "•"'_  _i

 •'  -. ]   '                       it assures increasingly strict control  of  larger source
   'V\
 -  . J                                                                  .
                              operations.




 ./.  ;                               Recommendation  •)A"\-  Promulgate  a process-weight
•.i«v-'.-3
i-'-C'J
 ..':vl                               regulation to control industrial processes.  The
 ' • j

 ';..-;";	    _              _,  regulation should be modeled along the  lines of the

 ~r~: V'3
 '.:'-^:                               Los  Angeles process-weight table.   An alternate


 ";.-'":                               approach would be to develop specific process

    '.-:
                                   regulations, exhibiting comparable  stringency to


 :•...'.                                the  Los Angeles regulation,  for  major industries.

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                                                26
                     (B) Gaseous Pollutants



                          The State of Hawaii does not presently have regulations


                     related to the control of gaseous pollutants, except for an outdated

                     sulfur dioxide regulation (Chapter 35, Section 7) applicable


                     to the county of Maui.  National air quality standards will be


                     promulgated and each State must provide for "implementation,


                     maintenance and enforcement" of any and all such standards as


                     directed by the Clean Air Amendments of 1970.   Hawaii, therefore,


j          .          must adopt regulations to control gaseous pollutants from

i
".;•                    stationary and mobile sources to comply with National standards

'4
.)                    and to prevent deterioration of existing air quality.



1  .                        The combustion  of residual  fuel  oil represents  a  principal
j

•2                    source  of  sulfur oxides which  can be  controlled  through use of


 •                 •   low-sulfur fuel and/or flue-gas  desulfurization.   Furthermore,
 j

 j                    other gaseous  pollutants  including  nitrogen oxides emissions  from


..j                    the  steam-electric utilities will require  regulations  to ensure
 •j
,:|                    adequate pollutant control.

 ]
*3                         Motor vehicles  are  largely  responsible for  hydrocarbon,


 j                    carbon  monoxide, nitrogen oxides and  lead  pollution  problems.
"1
 .1
                     Such regulations as  may  be  necessary  should be established to


^                    maintain Federal standards  by  inspection programs, annual  tune-ups,

 .!
•!      -              retro-fitting  of used vehicles,  etc.   The  State  must expand its


 -J                    present legal  authority  concerning  motor vehicles  in order to


.1                    successfully  implement adequate  regulatory action.

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 .;                                              27

?4
 ;j                                      TECHNICAL SERVICES
'";:1          ;                      '
 I          '          Functions commonly assigned to the  technical  service  unit  of an
-...]               air pollution control agency include air quality monitoring,  instrument
  j               calibration, laboratory operations, data processing  and  special studies.
                 The Technical Services Section of  the Air Sanitation Branch  should be
                 structured to perform these functions.   In some cases, this will require
 -
 .•'•               a transfer of the existing assignment of functions from  the  other
 ;?
  1               sections to the Technical Service  Section.  The discussion which
 :Vji               follows includes recommendations to this effect.
 *"-!
 «•                    The Technical Services Section presently has  one  supervisor
  ;               Chemist IV and two Chemist Ill's to perform the required duties.
 ..-I               Assistance will be provided by the Investigational and Enforcement Section
 "•.•!
;K'               (EHS III) as needed to support air sampling activities on  assigned
                 outer islands.
  .4
  !               Air Quality Monitoring
 •'»                                                          '                •
 ;1                    The air quality surveillance  network should furnish measurements
 "•';'!
"-'.--!      .   .    ....of the primary pollutants in order to provide:   (1)  long-term averages,
 'V'               (2) real time data for emergency episode periods,  and  (3)  data  as
                 needed for program planning and public information.
                      The Hawaii State Agency presently operates one  permanent sampling
                 site which is located at the health department building  in the  City
                 of Honolulu.  The station was designed to collect  particulate matter
                 (hi-vol sampler); carbon monoxide, hydrocarbons and  oxidants  (continuous

-------
:-.,-m
,::•<• '-^ 3
                                28


 instruments);  sulfur dioxide and nitrogen oxides  (bubblers).   Mechanical

'difficulty experienced with continuous  equipment  has  temporarily halted

 monitoring for carbon monoxide and hydrocarbons,  while the instrument

 used for measuring oxidant levels has recently been discarded.

 Oxidant levels,  therefore, are presently being measured along with

-sulfur dioxide and nitrogen oxides using sequential samplers  for a
             K-i
 single 30-minute period each morning.   (During "adverse conditions",

 sampling is extended throughout the morning into  part of the
    s
 afternoon.)  The present sampling frequency is inadequate for the

 achievement of the basic objectives of  an air  quality surveillance

 network.                             •


      ''...•       Recommendation  3*1. Establish a  continuous air
         '• '••',•
                monitoring station in the City  of  Honolulu.  This

                would require repair of  existing continuous

                instruments (carbon monoxide and hydrocarbon)  and

                acquiring continuous instruments for the gaseous

                pollutants - sulfur dioxide, nitrogen  oxides,  and oxidants,


      Permanent sampling stations have been planned for the islands of

 Maui, Kauai, and Hawaii.  Sampling activities  on  these islands  have

 not been adequately planned with regard to sampling frequency or

 duration, and  the result has been the lack of  any well-defined  pollutant

 problem areas.   The agency needs to develop a  sampling network  plan

 which is indicative of specific pollutant problems and establishes

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                               29



frequencies at which each pollutant needs to be monitored for meaningful

air quality data.  It is thereby recommended that the State agency

focus initial attention on these emission sources suspected of having

a measurable impact on air quality.  Suspected sources should be

quantified under a special sampling program to provide information

indicating areas where routine air monitoring activities may be
                                   .       .
necessary to satisfy implementation plan requirements for all primary

pollutants.
                               )'"  t .                  .  .  •„---.„-<.
     The summary table on page 30 recommends, initials sampling

activities that will assist the State agency in documenting air

quality sampling needs.  Hi-vol samplers should be distributed in

areas of high population density.  (Each hi-vol should be accompanied

with a sulfation plate.)  Basic manual bubbler sampling equipment

should be made available to each of the three outer islands.  Initial

oxidant studies should be conducted by obtaining one Mast ozone

instrument.  This instrument has been chosen on the basis of its

relative simplicity and cost.  It should be put into operation as

soon as possible so that the agency may search for strategic locations

of peak oxidant formations on each of the islands (Mauai, Kauai, and

Hawaii).

     The establishment of a comprehensive air sampling network will

require both time and resources.  However, the agency needs to obtain

valid air quality data from suspected areas of major pollutants as

soon as possible in order to satisfy requirements for an approvable

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                               AIR QUALITY SURVEILLANCE NETWORK

                              RECOMMENDED FOR THE STATE OF HAWAII
COUNTY
HONOLULU
KAUAI
MAUI
HAWAII
PARTICIPATES
Hi-Vols. S.I. Buckets
5 1
2
2
2 i •
Gases ..'. ..:•
CONTINUOUS
S02 CO NO OX HC
1 1 2a 11
lb
lb •
b
BUBBLERS
(S02, NO, & N02)
2
lc
; ;•'•:
:•':' 2° • ;'
PLATES
S04
5
2 '
2
0
2
 Separate  instruments  for NO  and N02-   (one  each)


'One  instrument  is  to  be utilized  for  special  studies

%
'Special sampling projects

-------
    -,. 1
. x.

                               31


Implementation Plan.  The special studies should indicate those areas

of highest sampling priority.  Eventually, information should be

available to represent all portions of the State to evaluate progress

being made in maintaining air quality standards.

               Recommendation  3.2.  Develop and implement a

             *•.  plan for special air sampling projects.  (Oil-fired

               power plants should receive initial attention.)  Use

               the recommended sampling network provided by APCO in

               the development of sampling activity plans.
                   ^
               Recommendation  3.3.  Utilize the data obtained

     ..',       from all special studies to set a priority in

       " .;•;.,     establishing air monitoring stations.  The State

               should plan to monitor compliance with air "

               quality standards.  Sampling frequencies (for mechanical

               devices) and averaging times -(for continuous instruments)

               must be dictated by the national ambient air quality

               standards.

Laboratory Operations and Facilities

     The central facility for laboratory operations is located at

the health department building in the City of Honolulu.  The existing

staff of three chemists should be adequate to handle all necessary

analytical procedures in support of sampling activities.  However,

-------
   ";-..: J£*-.i
'if.
     .1- -~o
     ;* \ -_ -.1
       "j
                                                      32
the burden of accumulating transportation expenses may make it desirable

to allow some analyses to be performed at facilities on the outer

islands.  The major equipment necessary to establish only basic

analytical capabilities would include a colorimeter, reagents, a

balance, minimal glassware, a source of distilled water and a sink.

Analytical capabilities for oxidants should be provided only by the

central laboratory until studies made with the Mast ozone instrument

are able to justify the need for routine sampling of this pollutant
   j
category.

     All hi-vol particulate samples should be mailed to Honolulu for

analysis.  A breakdown of total suspended particulate matter may

eventually be required and this procedure should not be duplicated

unnecessarily.                                     .    •   .-



               Recommendation  3.A .  Establish basic analytical

               capabilities which could be handled by the EHS III

               at facilities on the outer islands.  Particulate samples

               should be mailed to the central laboratory.  Analytical

               capabilities for oxidants should not be developed on

               the islands until justified.



Instrument Calibration and Maintenance


     The generation of valid data requires that all instruments be

properly maintained.  This maintenance includes calibration at the

time of installation and on a routine basis therafter.  The daily

-------
.. ;-^-J
    •?;j
 .-'. 'A
     ••  -J
     .. ^
                               33
                  *



operation of the continuous analyzers located at the health department


building can be performed by the chemists, and necessary calibrations


could be made by these individuals as well.  Hi-vols, bubblers,


etc, distributed throughout the State, could be calibrated by periodically


sending the equipment back to the laboratory.


     The existing functional statement for the Air Sanitation Branch


assigns the responsibility of instrument calibration to the Engineering


and Support Section.  Changes should be initiated to transfer this


activity to the Technical Services Section.




               Recommendation  3.5.  Transfer the function of


               instrument calibration from the Engineering and


               Support Section to the Technical Support Section.


               All calibrations should be performed by the


               Honolulu laboratory group.




Data Processing and Analysis




     The ultimate success of a sampling and information acquisition


program depends upon the utility of the data it produces.  Utility


implies that data be summarized in an appropriate format and be


retrievable on a short-time, basis.  The design of a sampling


network, a permit system and other record keeping operations must


be accompanied by the design of a system of data acquisition and


analysis that considers the flow of data and its uses.

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                               34






     The agency needs to develop a data control format and have




immediate access to a data processing system.  Mechanisms for data




reduction, storage, retrieval, and analysis must be an integral part




of any such system.  The data processing system should be organized




to provide current summaries of air quality, emission, complaint




and meteorological data, as well as control actions.  The correlation




and analyses of these data would provide information that can be used




for program planning, preparation of reports, development of further




control strategies and the release of information to other governmental




agencies and the interested public.




     State funds have already been approved so that the agency may




purchase a programmable calculator.  The agency also has access,




through the health department, to State computer facilities;




however, these facilities have not yet been used for air pollution




control.  Basic data handling procedures could be handled by the




Technical Services Section, but the use of a computer would require




special programming assistance.






               Recommendation  3.6.  Purchase a calculator which




               will supply the Air Sanitation Branch with adequate




               data computation capability.  Evaluate by  uses of




               available computer facilities to assist in a data




               handling system.  Centralize data processing activities




               for'"the Branch in Technical Services Section.

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-;••?•  4
                               35

               Recommendation  3.7.  Develop the data processing

               system to provide information comparable to the

               periods required for any and all air quality standards.

               The data analysis should provide the maximum concen-

               trations for pollutants sampled and compute means and

               standard deviations for all averaging times required.

               All data should be expressed in metric units, preferably

               in the SAROAD format.
    .*
Meteorological Data

     It is not expected that a significant degree of planning related

to urban modeling will be required for the State of Hawaii.  Therefore,

meteorological data needs are expected to be relatively small.  In a

few instances some special observations may be required in the vicinity

of major industrial or agricultural sources.

     The Technical Services Section is responsible for providing

meteorological information, but the agency does not employ a meteorologist.

Local assistance with respect to air pollution climatology can be

obtained from meteorologists from the National Oceanic and

Atmospheric Administration (NOAA, formerly ESSA).  Meteorological
observational data are available from various airports.  Meteorological

assistance should be available to determine if these observations are

representative for program needs.   Such assistance can be provided

by APCO or by contract with a  local  consulting firm.

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ill
1-1
                                                 36






                               Recommendation  3.8.  Obtain any necessary meteorological



                               data from available sources within the State.  The



                               Technical Services Section can then compile pertinent



                               data for publication.   The limited amount of meteorological



                               assistance required can be provided by APCO or on a




                               contract basis with a  local-consulting firm.       '

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 .;                                              37



 .3                        •                  ENFORCEMENT
 -1                 .                         	

 i          .              •   -  •'••    •
 •,S                ...
•''                     The proposed Investigational and Enforcement Section  is  designed


                 to continuously monitor the progress of air pollution  sources towards


-• ij               compliance by (1) investigating complaints, (2) conducting self-
  •'
 .|               initiated .inspection, (3) developing satisfactory compliance  schedules.,


 »--j               an<* (^) performing compliance investigations.
 '-i                   '            '
  3          .          Pending final approval, the Investigational and Enforcement  Section

 '2J)
 ^'               will consist of five Environmental Health Specialists  (EHS) qualified

••.:              . to perform not only enforcement-type activities but numerous  engineering
 " .' *
 ':;               and technical service functions as well.  The  supervisory  position will
  "•                            :.-^-^    '

  •               be filled by an EHS IV, while subordinate positions will be filled
 ' "i
  ;               by four EHS Ill-level personnel.  Each EHS III is qualified to

 ':.               operate the air sampling stations in cooperation with  the  Technical
 -" .1                 -'
 ' :               Services Section, perform stack sampling with  the Engineering and
 ;'(

  !               Support Section, and provide assistance and support in reviewing
 ..••'
 '';.               plans and specifications.  As a special function, these four  positions

sp               serve as secretaries for each of the county advisory air pollution


 :-/j               control associations.
 ll                             - -                -  - - -           -          •   .
 . •]                    To date, the major emphasis of the air pollution  control program


 .;               has not been placed upon enforcement activities.  Abatement aspects
  .f
. -,               of the control program thus far have generally been conducted on  a

 '."-•               small scale, informal basis.  This lack of enforcement strength may be

 ^               attributable to the inadequacy of present State legislation.   Iraprove-

  ;               ments in the legislation, however, will be only part of a  successful

                 enforcement effort.  Adequate enforcement and  regulations  must be

                 supported by a carefully planned, well-executed program of abatement,

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•.:-.J

 --• 1
•':$
  •1
  .''i
 .' ;:*!
  •".!
                               38
prevention and control of all potential air pollution sources.




Compliance Schedules




     Guidelines for the development of State Implementation Plans


indicate that all sources of air pollution should display "prompt and


orderly progress" in obtaining compliance with ambient air quality


standards.  The enforcement section should require, and assist when


necessary, all violators to develop and submit acceptable compliance


schedules indicating how and when sources will be controlled.  The


agency has obtained schedules from "two or three major sources," but •


schedules from all sources should be obtained to complete a successful


program.




               Recommendation   4.1.  Develop a compliance


               scheduling procedure that can readily be employed


               to negotiate source compliance schedules for meeting


               the forthcoming emission regulations.  Sources  should


               be made aware of  their obligations and requirements.


               The compliance schedule should require specific


               dates for the completion of engineering evaluation


               and design, purchase, installation and final approval


               for operation.

-------
                                                 39



                     Formal procedures must be developed  for carrying out enforcement


                and compliance activities.  These procedures should cover all aspects,


                from initial detection to the legal recourse of the courts.


  j                   The agency must have the assistance  of legal counsel from the


;',^              State Attorney General's Office.  A lawyer has been assigned to the

->V?1       .                                             •
- ^              State Department of Health; however, the  Air Sanitation Branch has

:'.1
                found little success in obtaining the assistance of the legal staff


                in air pollution enforcement actions whenever the need has arisen.


                If adequate legal counsel is not readily  available to work directly


                with the program, then aggressive enforcement action is not likely


                to develop.                           •  v



                              •  Recommendation   4.2.  Establish specific procedures,


                                with strict penalties, by which the Air Sanitation


                                Branch can effectively perform enforcement actions


                                against any violators who fail to provide and/or


                                adhere to acceptable control schedules and require-


                                ments.  The agency must 'obtain adequate legal counsel


                                to  support enforcement efforts.-



                 Violation Identification
 •'-1
 •' /
     Most source compliance activities should be handled without hearings


or lengthy administrative procedures.  Such procedures are cumbersome


and can cause undue delay where immediate action is desirable.  The


agency has stated that many .small operations have been handled by "bluffing"

-------
                                                  40
.,.,. ,-             ,>.. the owner or operator into compliance.   The agency needs the strength


                   to handle obvious, and oftentimes, small violations without subjecting


                   each violation to a hearing as legislation presently requires.



                                  Recommendation   4.3.   Eliminate the need for routine


                         .         hearings and administrative procedures by providing

                   ' '  •   ,       tff.     '
                                  the agency with the authority to determine the initial


                                  guilt of violators of  open burning  and visible


                                  emission regulations.   In such  cases,  on-site


                                  citations should  be issued.



                        The individuals working in  the  enforcement section must be qualified


                   to cite  violators.   For example, these people  should be thoroughly


                   qualified'to make accurate visible emission readings based upon the Ringelmam


    '               Number or equivalent opacity.   Training courses for enforcement personnel


    I          .     should reflect current enforcement techniques  and  should include periodic


   \               training for smoke reading.   Smoke readers should  be recertified every


   i               six months to retain expert qualifications.



        	     ----- —     	--Recommendation 4.4.  Provide training for all


                   :              enforcement inspection personnel, including engineers.


                                  Such training must include qualification (with


                                  recertification semi-annually)  for visible emission


                                  reading.  Training programs should  also be provided


                                  to support surveillance, inspection and enforcement


                                  activities for gaseous control  regulations.

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m
                               41


     Important tools for air pollution detection and enforcement

include cameras, binoculars, scentometers, carbon monoxide detector

tubes, basic hydrocarbon detectors, stopwatches and maps.  The agency

has some equipment which includes an old Polaroid camera which will

not take color photographs.  The concept of equivalent opacity makes

it important and necessary that photographic equipment be capable of

making color photos.  Each member of the enforcement staff should be

assigned a complete set of modern enforcement devices and equipment.

               Recommendation  4.5.  Assign a complete set of enforce-

               ment equipment to each member of the enforcement section.

               Each man would then be responsible for the maintenance

               of equipment assigned to him.

Complaint Handling
                                                                ;
     The agency does not provide official service for handling

complaints after normal working hours or during weekends.  In fact,

some complaints received during the course of the normal work day

have not been handled as promptly as desirable.  In most cases when

a complaint is received on an island other than Oahu, it is handled

initially by a State District Health Officer on that island.  A local

sanitarian handles the preliminary investigative phase and prepares

a report based upon his observations.  In the past, the Air Sanitation

Branch's small staff prevented immediate follow-up on such reports.

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                                                  42


                   In some instances a period of a week or more would pass before action

  ..Trf               was taken by the agency.  Complaints initiated by a concerned public
  •'$
                   merit prompt action by the air pollution control agency.  Prompt action

                   may require an on-site investigation or at least telephone contact  to

                   discuss the problem.  After-hour and weekend complaints can oftentimes

                   be handled by working through the local police and fire departments,

  :;'M
 • •-$               then key agency personnel could be contacted by these departments if

                   their services are required.
  ' ^                              Recommendation  4.6.  Develop a program that is more

  * •* *^5
  ^||                              responsive to registered complaints.  Coordinate


  •x-i                              after-hour and weekend complaint handling activities
  • ^"J

  '.-£?*                         .     with local police and fire departments and provide

.'••/••
••"•'-•'; .            .                 home telephone numbers of key agency personnel.


•:&~\                        .      Inform the public as to how complaints should be made


•^  j                              during these periods.
                   Scheduled Inspections



                        Inspection activities are an important phase of an enforcement

                   program.  Routine inspections are necessary for the surveillance of

                   all potential sources of air pollution in order to ascertain conformance

                   with regulatory requirements.  Major sources should receive frequently

                   scheduled inspections, perhaps as often as every three months in

                   some instances, while smaller sources could be visited less frequently

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                                                 43




                  except where problem conditions are known to exist.  The inspection



                  program can be integrated into the operation of the permit system as



                  soon as both activities are implemented.  (See Engineering Section)





•'£$                    •          Recommendation  4.7.  Establish and implement a plan

•*?""••

; "^                   ..•',  .       for scheduled inspections with priority given to



 .-\                           .-;  major and problem sources.  Develop, the program so that



  :j                             - all potential pollution sources will be inspected


 ~M                               ""
  ,j    "        •                  periodically to guarantee adequate compliance.

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                               44

'   .      .  ..       -    .    ENGINEERING
           *               • •••••-.» i i i •••••••••MI

                     '
     Engineering functions will be performed by the Engineering

and Support Section.   The Section consists of an Engineer III, an
     •                •             .                        •       •
Ecologist (EHS III),  and a Mechanical Engineer assigned to the State

program by the Federal Government.  The APCO manpower model indicates
                                                                 '
a need for the agency to fill additional positions to support engineering

activities.  The manpower strength shown should ensure that these

responsibilities will be performed adequately and on a routine basis.


               Recommendation  5.1.   Evaluate the workload of the

               existing engineering staff in order to determine

               adequate manpower needs.  The APCO manpower model has
                                            '•"--....
               indicated those areas where needs may exist.-.
                                            "'  '" """ '"' ""   ' . "  '"
             •  (See page 15)


Emission Inventory
                                           '

     The State's emission inventory dates back several years to a
                 '          ....,.--  .-- - ...- •  -   -i   ..   ..-.-••
study compiled by the National Air Pollution Control Administration (now

APCO) as part of the Consultation Report for the Hawaii (Honolulu) Air

Quality Control Region.  The data obtained using the "Rapid Survey

Technique" is largely representative of 1968, and the emission

estimates available from the technique describe the levels and

conditions during that year.

     The emission inventory plays an important role in the overall air

pollution control program.  It quantitates the air pollution problem

and, when used in conjunction with air quality data, can be an essential

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                               45





indicator of the degree of control necessary to achieve desired air




quality goals.  The inventory helps to determine a priority schedule for




required abatement actions.  Furthermore, the emission data, along with




air quality and meteorological data, will serve as a basis for determining




the acceptability of the control regulations portion of the implementation




plan.  For these reasons, the development of a system which provides




for continuous updating and expansion of the emission inventory is




mandatory.




     The existing inventory includes data from five major pollutants -




sulfur oxides, particulate matter, carbon monoxide, hydrocarbons and




nitrogen oxides.  Standards for additional pollutants will require




emission data for those pollutants as a part of the emission inventory.




New sources, process equipment modifications and changes, improved




control equipment, and other important factors that change with time




can be reflected in the emission inventory only when it is maintained




as a continuous activity.  The establishment of a permit system would




assist in providing the information necessary for an up-to-date,




comprehensive emission inventory.






                     Recommendation  5.2.  Develop a system which would




                     provide for continuous updating and expansion of.




                     a comprehensive emission inventory.  The system




                     must provide information for specific pollutant




                     emissions, operating conditions, control equipment, etc.




                     The implementation of a permit system supplies a




                     good, continuous source for much of the necessary




                     information.

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                                                 46
 -.1
. ,v ,.:.J
Permit System





     The Hawaii Air Pollution Control Law delegates specific power to



require permits prior to installation or operation of any activity



which may result in air pollution.  The Air Sanitation Branch, instead,



began implementation of a relatively simple and now outdated registra-



tion system.  The system was enacted under the advice of the State



Attorney General and because of the general opinion that the agency


lacked adequate engineering support at that time to maintain a more



sophisticated system.  A registration system does not effectively



prevent new ?.™i»ces of air pollution.  On the other hand, a permit "



system that includes both a permit to construct and a permit to operate


provides an effective enforcement procedure to prevent and control all

           • *s               '

sources of air pollution.  The permit system gives the agency the
  /-


power to review and approve plans, specifications, and data related



to the equipment or process.  Furthermore, it provides the best



mechanism by which the agency can require adequate control equipment



and facilities on new construction and to make the best improvements



on existing installations.                         .    .        ...._..



     The agency must carefully evaluate manpower needs within the



engineering section.  Qualified manpower must be available to maintain



technical files, review and evaluate plans and specifications,



calculate types and quantities of pollutants generated and emitted from



sources and collected by control devices, and to determine control


device operating effectiveness.  These are all important activities

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                               47







related to the operation of a permit system, which should be developed




by the agency.  Once established, the permit system can be very




beneficial in the operation of other functional areas such as the




emission inventory, compliance schedules, inspections, emergency proce-




dures, etc.






               Recommendation  5.3.  Establish a permit system




               which provides the agency with specific approval




               power for the construction and operation of all




               potential air pollution sources.  Operating permits




               should be issued on an annual basis with an initial




               emphasis on significant sources.






               Recommendation  5.4.  Establish standard procedures




               for plan review as a function of the permit system.






               Recommendation  5.5.  Design the permit system to




               provide information necessary for the continuous




               updating of the emission inventory, reevaluation of




               control strategies, development of emergency procedures,




               etc.  Code all permits on a grid basis according to




               geographical location.






Source Testing






     Source testing is an essential capability necessary for




documenting certain compliance conditions and providing quantitative




data for emission factors, emission composition, etc.  Source testing

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'-'!
'.-'3

-'1
 ~y
• • i
                                                48






               is perhaps the most accurate method of establishing the quantity of



               pollutants being emitted from any given source.  The agency appears



               to have source test capability.  The engineer on the staff has had



               experience with stack sampling; however, the personnel who will assist



               with this testing will require formal training.






                              Recommendation  5.6.  Schedule training, as soon as



                              possible, for personnel involved in source testing



                              activities.  Additional in-service training will be



                              necessary to further refine source sampling skills



                              and techniques.






                    The agency has only one stack sampling assembly on hand.  In



               order to collect duplicate samples without intermittent washing of



               equipment it is necessary to have extra sets of sample boxes, probes



               and glassware.






                              Recommendation  5.7.  Purchase enough source testing



                              equipment to allow simultaneous duplicate samples to



                              be obtained.
                    The agency needs to develop standard procedures for source



               sampling.  Some industrial processes may require a modification of



               the standard procedures to satisfy individual conditions; however,



               the agency should have the authority to review and approve any



               modifications.

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v:                                               49




 "|                             Recommendation  5.8.  Develop standard source  testing


 •'•'•!  '            •         -'*.,-
  j               ;              procedures and stipulate them as a part of emission
 • •!    •          '              -,'1           •              '                              t


.3                             regulations.  Such testing procedures should be available

  'l          ._*••'•.'.

 1                 .            to source management as the means for documenting



-•;•]                        .     compliance with emission regulations.




.;*               Emergency Plan         .





                      The State air  pollution control  program does  not  have the authority



                to implement emergency episode procedures  for  sudden and severe air



                pollution problems.   This  authority  is required for an approvable



                implementatiion* plan.



                      The emergency  episode plan  should include episode criteria,  a



              •  detection and alert system, a detailed plan of action,  a communication



                .system,  and a description  of the utilization of available resources.



                The emphasis of emergency  episode planning should  be on preventing or



                at least minimizing the occurrence of high air pollutant concentrations



                through  ongoing compliance activities.  The Engineering and Support



                Section  should develop these emergency procedures  and be made



           	- responsible for the ultimate implementation of any necessary action.





                                Recommendation  5.9,   Assign the responsibility for



                                developing  and implementing an emergency episode plan



                                to the Engineering and Support Section.
 ]               .	            Recommendation 5.10.   Develop a plan, including



 1                               administrative procedures, for implementing air



                                pollution warning and alert procedures.  All

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.-§^-3
   '";•"•" ^j
      • - -i
    •-. i
                               50

               persons affected by such plans should be notified
               in advance of their responsibilities in emergency
               situation.

     Note: The above recommendations are based upon the premise that
the 'State will be required to establish emergency procedure plans.
This may not necessarily be the case - it is anticipated that requirements
and guidelines pertaining to each State will be documented in the near
future, and these will inform the State of Hawaii of its need for
such plans.  In the meantime, it is known, however, that the State is
required to adopt adequate legal authority to implement the plans.

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