WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	The entire state is in attainment EPA's Nonattainment Areas
Major Source Threshold	250 tons (100 tons of listed sources) of a criteria pollutant triggers PSD
Minor Source Permitting Exemption	PTE less than 2 tpy for all criteria pollutants except for CO, which has a limit of 5 tpy.
Minor Source Treatment	Opacity and sulfur fuel limits
Emergency Generating Limits	Exempt

 

DE MINIMIS EXEMPTIONS

Units with a potential to emit less than 2 ton per year of all criteria pollutants except for CO, which has a limit of 5 tons per year and less than 500 lbs per year of all HAPs are exempt from permitting. No state notification is required.

Standby electricity generators only used during power outages, and which are fired solely by natural or synthetic gas, liquefied petroleum gas, or fuel oil No. 1 or No. 2, or diesel fuel oil No. 1D, or No. 2D are also exempt from permitting requirements.

MINOR SOURCE PERMITTING

Sources that are not exempted must obtain a minor source permit. This permit will restrict units to opacity less than 20% and fuel sulfur less than 2%. Sources that are greater than 25 MW or 250 MMBtu/hr will have a fuel sulfur limit of 0.5%. No other state limits or controls will be required.

The entire permitting process could take from a couple of weeks to a couple of months for minor sources. The initial permit fee for non-major, non-toxic sources is $1,000, with a $500 renewal fee. Other fees are outlined in the regulations.

MAJOR NSR/PSD PERMITTING

A potential to emit 250 tons per year of a criteria pollutant triggers PSD.

To obtain an initial PSD permit, an applicant must pay a permitting fee of $10,000. For major non-toxic sources, the initial permit fee is $4,000.

TREATMENT OF EMERGENCY ENGINES

The unit's potential to emit is calculated based on 500 hours of operation per year. Most emergency engines are exempted based on the potential to emit. There is no hourly operating limit, but units can only be used during blackouts and for maintenance.

SITING REQUIREMENTS FOR NON-UTILITY GENERATORS:

The Hawaii Public Utilities Commission (PUC) has regulatory authority over siting requirements. The PUC’s siting rules address electric transmission lines, but do not focus specifically on facility siting.

See Chapter 269 of the Hawaii Statutes.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Hawaii’s building codes are determined at the county level. There are only five counties in Hawaii. Currently, efforts are underway to design a statewide building code, which is projected to be a Hawaiian version of the IBC (version unknown). [1]

Energy Codes: Hawaii developed a Model Energy Code based on ASHRAE 90.1-1989 which has been adopted by 4/5 counties as of 1995, with each jurisdiction able to modify as necessary. Honolulu, Kauai and Maui Counties have adopted ASHRAE 90.1-1999. [2] The state began, in 2005, the development of a Model Tropical Code based on ASHRAE 90.1-2004 for energy needs specific to Hawaii and other tropical regions. [3] The state government also provides Commercial Building Guidelines for Energy Efficiency (2003). Projected Hawaii building codes are expected to include adoption in part of 2006 IECC. [4]

• Hawaii State Energy Page

Fire Codes: Hawaii does not have a State Fire Marshall but instead has a State Fire Council consisting of the fire chiefs of each Hawaiian county. This council is responsible for adopting the statewide model fire code, which currently is NFPA’s 1997 UFC with state amendments. Adoption at the county level is voluntary.

• State Fire Council

Zoning: Zoning and planning happens at the local level. Check with each jurisdiction regarding their planning codes

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the DOE’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project

INTERCONNECTION REQUIREMENTS:

In 2003, Hawaii established both simplified interconnection rules for small renewables and, more recently (2005), separate rules for all other distributed generation. The rule applies to all distributed generation with no upper size limit. Simplified rules for small systems under 50kW on Kauai and 100 kW on the other islands also apply. In 2003, the PUC issued a proceeding to revise the state's DG interconnection rules, Docket No. 03-0371. In October 2007, the PUC closed docket No. 03-0371. The PUC is now addressing interconnection for Kauai Island Utility Cooperative (KIUC) and Hawaiian Electric Company (HECO) with dockets 2006-0497 and No. 2006-0498. Interconnection tariffs have been presented to the PUC by these two companies, and a written decision by the PUC is expected in the near future.

EXIT FEES:

Hawaii does not have a statewide policy on exit fees. DG units do not have to pay such fees.

UTILITY STANDBY RATES:

The Hawaii PUC issued an order in 2008 making standby rates optional for 10 years for consumers who install CHP or other forms of power generation on their own properties (applies to customers of the following utilities: Hawaiian Electric Company, Maui Electric Company, and Hawaii Electric Light Company). DG customers have the option to take standby service or remain on the otherwise applicable rate schedule. See Order No. 2006-0497, issued on May 15, 2008, for more information.

 

OTHER STATE DG POLICIES:

The Hawaii Public Utilities Commission (PUC) opened two formal proceedings in 2003 to examine the potential benefits and effects of distributed generation on Hawaii's electric distribution system and the development of a competitive bidding process to acquire or build new electric generating capacity in Hawaii. Documents related to these dockets were last issued in 2006 and 2007.

The objective of the distributed generation proceeding (Docket 03-0371) is to examine the distributed generation concept, and develop policies and a regulatory framework for distributed generation projects in Hawaii. The final order related to this docket, issued in April 2006 can be found here.

"Competitive bidding for new generating capacity" (Docket 03-0372) is a process used by other states in which parties interested in satisfying a need to build and/or operate new electric generating plants are allowed to bid for the proposed project. Competitive bidding may serve as a viable, wholesale market competition alternative for future generating capacity in Hawaii. Potential benefits of competitive bidding include increasing wholesale competition for electric power resources and offering more choices to consumers of electricity, thereby potentially lowering electricity prices. (D.T.E. 02-38) into Distributed Generation. The investigation was completed at the end of 2006. The final decision and order on competitive bidding can be found here.