STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION oyekolue% 

SVN 

147/Of 

PAUL R. LEPAGE PATRICIA W. AI-10 

GOVERNOR COMMISSIONER 

July 24, 2014 

David Conroy, Chief 

Air Programs Branch 

U.S. EPA Region I-NE 

5 Post Office Square 

Mail Code: OEP 05-2 

Boston, MA 02109-3912 

Dear Mr. Conroy: 

Enclosed please fmd for your approval and inclusion into Maine's State Implementation Plan (SIP), 

recently adopted amendments to the Department's Chapter 149 General Permit Regulation for 

Nonmetallic Mineral Processing Plants. These amendments were posted to a 30-day public comment 

period with opportunity to request a public hearing in accordance with state and federal administrative 

requirements. Public notice of the comment period was published on the Secretary of State's rulemaking 

website and in newspapers statewide on January 15, 2014. On April 4, 2014, the Commissioner of the 

Department of Environmental Protection adopted the amended Chapter 149. 

Please note that the Department is also withdrawing its previous Chapter 149 SIP submission, dated 

September 4, 2008, since these amendments will supersede our earlier submission. 

The following administrative materials are enclosed: 

1. Copy of the public notice that appeared on January 15, 2014 on the Secretary of State's rulemaking 

website and in newspapers statewide; 

2. Copy of the Department's Supplemental Basis Statement detailing comments received on the 

Department's proposal and the Department's response to these comments (there were no requests for 

a public hearing); 

3. The Department's amended Chapter 149 General Permit Regulation for Nonmetallic Mineral 

Processing Plants rule with an effective date of April 27, 2014; and 

4. The MAPA I form for Chapter 149, providing certification that the Commissioner of the Department 

of Environmental Protection lawfully adopted this rule on April 4, 2014, and certification that the 

Attorney General approved the rule as to form and legality. 

The Department is also submitting exact electronic copies (pdf) of all enclosed materials. Should you 

,NUG USTA BANGOR PORTI„\ND PRESQUE ISLE 

17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

.\ UGUSTA, MAINE 04333-0017 BANGOR, MAINE 044(11 PORTLAND, NLAINE 04103 PRISQUE ISLE, MAINE 04769 

(207) 287-7688 FAN7 (2(17) 287-Th26 (2)17) 941-4570 LAX: (207) 941-4584 (207) 822-6300 U AN: (201 822-6303 (2) - ) 764-0477 1 \ N: (207) 760-3143 

suc: www.rnamc. fdcp 
Letter to David Conroy 

7/24/14 

Page 2 of 2 

have any questions, please contact Jeffrey Crawford at (207) 287-7647. 

Sincerely, 

Marc Allen Robert Cone, Director 

Bureau of Air Quality 

Enclosure 

Cc: Patricia Aho, Commissioner 

Ida McDonnell (electronic copy) 

Donald Dahl (electronic copy) 

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January 1512014 

WEEKLY NOTICES OF STATE RULE-MAKING 

Public Input for Proposed and Adopted Rules 

Notices are published each Wednesday to alert the public regarding state 

agency rule-making. You may obtain a copy of any rule by notifying the 

agency contact person. You may also comment on the rule, and/or attend the 

public hearing. If no hearing is scheduled, you may request one -- the agency 

may then schedule a hearing, and must do so if 5 or more persons request it. 

If you are disabled or need special services to attend a hearing, please notify 

the agency contact person at least 7 days prior to it. Petitions: you can 

petition an agency to adopt, amend, or repeal any rule; the agency must 

provide you with petition forms, and must respond to your petition within 60 

days. The agency must enter rule-making if the petition is signed by 150 or 

more registered voters, and may begin rule-making if there are fewer. You 

can also petition the Legislature to review a rule; the Executive Director of 

the Legislative Council (115 State House Station, Augusta, ME 04333, phone 

207/287-1615) will provide you with the necessary petition forms. The 

appropriate legislative committee will review a rule upon receipt of a petition 

from 100 or more registered voters, or from "...any person who may be 

directly, substantially and adversely affected by the application of a 

rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly 

notices and the full texts of adopted rule chapters may be found on the 

internet at: http://www.maine.gov/sos/ceclrules . There is also a list of rulemaking liaisons, who are single points of contact for each agency. 

NOTICE 

AGENCY: 29-250 - Department of Secretary of State, Bureau of 

Corporations, Elections & Commissions 

RULE TITLE OR SUBJECT: Request for Comments on the Maine 

Administrative Procedure Act 

hap ://www.maine. gov/so s/cec/rules/notices/2014/011514 .html 7/23/2014 
January 15, 2014 Rule-making Notice - State of Maine, USA Page 2 of 6 

CONCISE SUMMARY: By the end of January, 2014, the Secretary of State 

must file an annual report to the Governor and the Joint Standing Committee 

on State and Local Government on the Administrative Procedure Act. The 

purpose of this ad is to solicit, from state agencies and the public, 

recommendations for improvements to the rule-making process. We will 

include any comments on these recommended improvements in the report. 

STATUTORY AUTHORITY: 5 MRSA §8056-A 

PUBLIC HEARING: None 

DEADLINE FOR COMMENTS: January 28, 2014 

AGENCY CONTACT PERSON: Don Wismer, APA Coordinator, Department of 

Secretary of State, 101 State House Station, Augusta, ME 04333. Telephone: 

(207) 624-7650. Fax: (207) 287-6545. E-mail: Don.Wismer@Maine.gov. 

WEBSITE: http://www.maine.gov/sos/ceckules/index.html . 

PROPOSALS 

AGENCY: 02-041 - Department of Professional and Financial Regulation 

(PFR), Office of Professional and Occupational Regulation (OPOR) 

CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees 

PROPOSED RULE NUMBER: 2014-P001 

BRIEF SUMMARY: The proposed rule reduces license fees for the following 

license categories of the Manufactured Housing Board: License fees for 

dealers, manufacturers, installers, develop dealers, and mechanics will be 

reduced from $200 annually to $100 annually, and fees for installation, 

warranty, and state-certification seals purchased by dealers will be reduced 

from $200 to $160. In addition, the proposed rule eliminates references to 

and licensee fees for "commercial co-venturers" pursuant to PL 2013 c. 313 

§2. 

PUBLIC HEARING: February 12, 2014 at 9 a.m., Department of Professional 

and Financial Regulation, 76 Northern Avenue, Gardiner, Maine 

COMMENT DEADLINE: February 26, 2014 

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / 

AGENCY RULE-MAKING LIAISON: Anne L. Head, Director, 35 State House 

Station, Augusta, ME 04333. Telephone: (207) 624-8511. E-mail: 

Anne.L.Head(Maine.gov . . 

IMPACT ON MUNICIPALITIES OR COUNTIES: none 

STATUTORY AUTHORITY FOR THIS RULE: 10 MRSA §8003(2-A(D) (general 

authority of OPOR director); 10 MRSA §9021(2-A) (Manufactured Housing 

Board); PL 2013 c.313 §2 

SUBSTANTIVE ST ATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: http://www.maine.gov/pfr/professionallicensing/index.shtml . 

AGENCY: 06-096 - Department of Environmental Protection (DEP) 

http://www.maine. gov/sos/cec/rules/notices/2014/011514 . html 7/23/2014 
January 15, 2014 Rule-making Notice - State of Maine, USA Page 3 of 6 

CHAPTER NUMBER AND TITLE: 

Ch. 143, New Source Performance Standards (NSPS) 

Ch. 144, National Emission Standards for Hazardous Air Pollutants 

(NESHAPS) 

PROPOSED RULE NUMBERS: 2014-P002, P003 

BRIEF SUMMARY: The Clean Air Act offers states the option of accepting 

delegation for New Source Performance Standards (NSPS) and National 

Emission Standards for Hazardous Air Pollutants (NESHAPS) federal 

requirements for incorporation into the states regulatory programs to 

streamline the air emission licensing processes. Maine's State Implementation 

Plan (SIP) provides for partial or complete delegation of the EPA 

Administrator's authorities and responsibilities to implement and enforce the 

NSPS and NESHAPS. This rule-making will incorporate by reference all new 

and amended NSPS and NESHAPS that have been added between July 1, 

2004 and July 1, 2013 of which the Department has chosen to take 

delegation. 

Copies of these rules are available upon request by contacting the Agency 

contact person or on the DEP website at http://www.maine.gov/dep/rules/ . 

Pursuant to Maine law, interested parties are publicly notified of the proposed 

rule-making and are provided an opportunity for comment. Written comments 

may be submitted by mail, e-mail or fax to the contact person before the end 

of the comment period. To ensure the comments are considered, they must 

include your name and the organization you represent, if any. 

PUBLIC HEARING: No public hearing scheduled - 30 day written comment 

period. A public hearing will be held if requested before the end of the 

comment period. 

COMMENT DEADLINE: February 14, 2014 - 5:00 p.m. 

CONTACT PERSON FOR THESE FILINGS / SMALL BUSINESS INFORMATION: 

Lisa Higgins, Maine Department of Environmental Protection, Bureau of Air 

Quality, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287- 

7023. Fax: (207) 287-7641. E-mail: Lisa.Higgins(aMaine.gov . 

IMPACT ON MUNICIPALITIES OR COUNTIES: None 

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §§ 585-A, 585-B 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: http://www.maine.gov/dep/ . 

DEP RULE-MAKING LIAISON: Mike.Karagiannes(aMaine.gov . . 

AGENCY: 06-096 - Department of Environmental Protection (DEP) 

CHAPTER NUMBER AND TITLE: 

Ch. 149, General Permit Regulation for Nonmetallic Mineral Processing Plants 

Ch. 164, General Permit for Concrete Batch Plants 

PROPOSED RULE NUMBERS: 2014-P004, P005 

BRIEF SUMMARY: The Department is proposing amendments to Ch. 149 and 

164, which allow most Nonmetallic Mineral Processing Plants (NMMPP) and 

http://www.maine.gov/sos/cec/rules/notices/2014/011514.html 7/23/2014 
January 15, 2014 Rule-making Notice - State of Maine, USA Page 4 of 6 

Concrete Batch Plants (CBP) to obtain operating permits from the Department 

without going through the licensing process required by Ch. 115, Major and 

Minor Source Air Emission Licensing Regulation. The proposed changes to Ch. 

149 bring facilities who address licensing through a general permit into 

alignment with those covered under a traditional air emission license. The 

proposed changes to Ch. 164 provide for separation of responsibilities 

between equipment owners and operators which allows owners the flexibility 

to rent or loan equipment to other operators similar to Ch. 149. 

Copies of these rules are available upon request by contacting the Agency 

contact person or on the DEP website at http://www.maine.gov/dep/rules/ . 

Pursuant to Maine law, interested parties are publicly notified of the proposed 

rule-making and are provided an opportunity for comment. Written comments 

may be submitted by mail, e-mail or fax to the contact person before the end 

of the comment period. To ensure the comments are considered, they must 

include your name and the organization you represent, if any. 

PUBLIC HEARING: No public hearing scheduled - 30 day written comment 

period. A public hearing will be held if requested before the end of the 

comment period. 

COMMENT DEADLINE: February 14, 2014 - 5:00 p.m. 

CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Lynn 

Poland, Maine Department of Environmental Protection, Bureau of Air Quality, 

17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2229. 

Fax: (207) 287-7641. E-mail: Lynn.Poland@Maine.gov . 

IMPACT ON MUNICIPALITIES OR COUNTIES: None 

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: http://www.maine.gov/dep/. 

DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov . 

ADOPTIONS 

- 

AGENCY: 06-096 - Department of Environmental Protection (DEP) 

CHAPTER NUMBER AND TITLE: Ch. 335, Significant Wildlife Habitat 

ADOPTED RULE NUMBER: 2014-001 

CONCISE SUMMARY: The proposed rule-making amends Ch. 335 to be 

consistent with statutory changes enacted in PL 2011 ch. 362. These changes 

clarify the effect of vernal pool regulation on adjacent property owners, clarify 

the regulation of vernal pools which straddle property boundaries, and clarify 

the regulation of artificially created vernal pools. 

EFFECTIVE DATE: January 7, 2014 

AGENCY CONTACT PERSON: Mike Mullen, Department of Environmental 

Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: 

(207) 446-1611. Fax: (207) 287-7826. E-mail: Mike.Mullen@DMaine.gov. 

WEBSITE: http://www.maine.gov/dep/ . 

http://www.maine.gov/sos/cec/rules/notices/2014/011514.html 7/23/2014 

RESPONSE TO COMMENTS 

Chapter 149 General Permit Regulation for Nonmetallic Mineral Processing Plants 

Chapter 164 General Permit for Concrete Batch Plants 

April 2014 

Commenters 

1. Ida E. McDonnell 

Region 1 EPA 

Boston, Massachusetts 

2. Michael Martunas 

Dragon Products Company, LLC 

Thomaston, Maine 

*************** *** *****************   ** ****************** ************* 

Chapter 149 

1. Comment: (commenter 1) Section 1.E: EPA suggests adding the following phrase to 

emphasis the list of regulations cited in the section is not meant to be totally inclusive. 

"This regulation does not exempt the source from any applicable state or federal 

requirements including but not limited to" 

Response: The Department agrees and has made this change to the rule. 

2. Comment: (commenter 1) Section 1.F: EPA suggests Maine add the ability for the 

state to deny operation under the general permit if the state believes emissions from 

the new, modified, or relocated plant will violate the control strategy or interfere with 

attainment or maintenance of a national ambient air quality standard in Maine or in a 

neighboring State. See 40 CFR 51.160(a)(1) and (2). To address this requirement of 

minor new source review, Maine could adopt the following language to Section 1.F: 

"(9) The Department has reasonable cause to believe that emissions from the 

proposed, modified, or relocated source will violate the control strategy or interfere 

with attainment or maintenance of a national standard in Maine or in a neighboring 

State." 

Response: The Department agrees and has made this change to the rule. 

3. Comment: (commenter 1) Sections 3.A and 3.D as currently drafted may allow 

different times for when a source can commence operations. Section 3.A does not 

allow a source to operate until it is issued a crusher identification number or a license 

issued pursuant to Chapter 115. Section 3.D may allow a source to operate within two 

days of filing a notice to comply. Maine should reconcile the differences between 

1 
these two sections. The timing for operation as allowed in Section 3.A is more 

consistent with preventing the construction or modification of a source from 

interfering with attainment or maintenance of a national standard as required by 40 

CFR 51.160(a)(2) then the timing allowed in Section 3.D. 

Response: The language in Section 3.A has been amended to clarifi , that the 

application is a two-part process and that the equipment may not be operated until 

both the requirements of both Section 3.A and 3.D have been met. 

4. Comment: (commenter 1) Section 5.A(9)(c): This condition allows the state to 

establish alternative emission limits for a source through a vague process. Maine 

should use its existing authority under Chapter 115 to establish alternative emission 

limits. EPA suggests the following changes: 

"The operator may, upon obtaining an air emission license under the authority of 06- 

096 CMR 115 the-appreval-ef-the-Depaftment following the successful demonstration 

of compliance at alternative load conditions, operate under such alternative load 

conditions on an interim basis in accordance with the air emission license prior to a 

demonstration of compliance under normal and representative process and operating 

conditions." 

Response: The Department agrees and has made this change to the rule. 

5. Comment: (commenter 1) Section 5.D: Relocation of equipment may cause adverse 

ambient air quality impacts in the new location. Maine should add the authority to 

require a source to obtain a Chapter 115 license when relocating equipment when the 

state believes the equipment at the new site may interfere with the NAAQS or 

maintenance. The suggested language in comment 2 may address this issue if added 

to Section 5.D. 

Response: The Department agrees and has added language to this section, similar to 

that suggested in Comment 2, to address this. 

6. Comment: (commenter 1) Sections 5.C(8) and 5(E) contain opacity limitations that 

are inconsistent with EPA's "State Implementation Plans (SIPs): Policy Regarding 

Excess Emissions During Malfunctions, Startups, and Shutdown," memorandum 

from Steve A. Herman to Regional Administrators, dated September 20, 1999. This 

policy was recently re-affirmed in EPA's proposed startup, shutdown, and 

malfimction (SSM) SIP call (February 22, 2013; 78 FR 12460). As currently drafted, 

these sections of Maine's Chapter 149 which are based on Maine's Chapter 101 

"Visible Emissions Regulation," allow for unlimited opacity, even up to 100%, for 

brief periods of time. Instead of allowing 100% opacity, Maine should have the 

current opacity limits apply all of the time, or Maine could establish an alternative 

opacity limit for these brief periods. If Maine chooses to establish such alternative 

opacity limits, the state would need to address the seven criteria contained in section 

III.A of EPA's 1999 guidance. Furthermore, certain sections of Maine's Chapter 101 

2 
were specifically included in EPA's proposed SSM SIP call. Therefore, EPA 

recommends that Maine DEP work with EPA to address this issues with Chapter 101 

in a separate rulemaking and delete sections 5.B(3), 5.(B)(4) and 5.(F)(5) from 

Chapter 149, since these requirements will be covered by the revised Chapter 101. 

Response: The Department will work with EPA to address the issues with Chapter 

101 in a separate rulemaking. Chapter 149 will be submitted for SIP approval with 

the specific opacity language redacted from consideration; i.e., portions of the 

submitted rule will have blacked out language not to be included in the SIP approval 

process. 

Chapter 164 

1. Comment: (commenter 1) Section 1.D: EPA suggests adding the following phrase to 

emphasis the list of regulations cited in this section is not meant to be totally 

inclusive. 

"This regulation does not exempt the source from any applicable state or federal 

requirements including but not limited to" 

Response: The Department agrees and has made this change to the rule. 

2. Comment: (commenter 1) Section 1.F: EPA suggest Maine add the ability for the 

state to deny operation under the general permit if the state believes emissions from 

the new or modified plant will violate the control strategy or interfere with attainment 

or maintenance of a national standard in Maine or in a neighboring State. See 40 CFR 

51.160(a)(1) and (2). Maine could adopt the following language to address this 

requirement of minor new source review. 

"(9) The Department has reasonable cause to believe that emissions from the 

proposed, modified, or relocated source will violate the control strategy or interfere 

with attainment or maintenance of a national standard in Maine or in a neighboring 

State." 

Response: The Department agrees and has made this change to the rule. 

3. Comment: (commenter 1) Sections 3.A. and 3.D: These two sections have the same 

issue as explained above regarding the same section numbers in Chapter 149. 

Additionally Section 3.D. implies a source can operate without being subject to 

Chapter 164 between when it files its Notice of Intent to Comply and when the Maine 

DEP assigns a general permit number. As stated above in the comment on Chapter 

149, Section 3.A. is more consistent with 40 CFR 51.160(a)(2). 

3 
Response: The language in Section 3.A has been amended to clarib, that the 

application is a two-part process and that the equipment may not be operated until 

both the requirements of both Section 3.A and 3.D have been met. 

4. Comment: (commenter 1) Section 5.C(3)(c): Section 5.A(9)(c): This condition allows 

the state to establish alternative emission limits for a source through a vague process. 

Maine should use its existing authority under Chapter 115 to establish alternative 

emission limits. EPA suggests the following changes: 

"The operator may, upon obtaining an air emission license under the authority of 09- 

096 CMR 115 the-appreval-ef-the-Depaftment following the successful demonstration 

of compliance at alternative load conditions, operate under such alternative load 

conditions on an interim basis in accordance with the air emissions license prior to a 

demonstration of compliance under normal and representative process and operating 

conditions." 

Response: The Department agrees and has made this change to the rule. 

5. Comment: (commenter 1) Sections 5.B(3), 5.B(4), 5.E, 5.F(5) and 5.6(4) contain 

opacity limitations that are inconsistent with EPA's "State Implementation Plans 

(SIPs): Policy Regarding Excess Emissions During Malfunctions, Startup, and 

Shutdown," memorandum from Steve A. Herman to Regional Administrators, dated 

September 20, 1999. This policy was recently re-affirmed in EPA's proposed startup, 

shutdown, and malfunction (SSM) SIP call (February 22, 2013; 78 FR 12460). As 

currently drafted, these sections of Maine's Chapter 164, which are based on Maine's 

Chapter 101 "Visible Emissions Regulation," allow for unlimited opacity, even up to 

100%, for brief periods of time. Instead of allowing 100% opacity, Maine should 

have the current opacity limits apply all of the time, or Maine could establish an 

alternative opacity limit for these brief periods. If Maine chooses to establish such 

alternative opacity limits, the state would need to address the seven criteria contained 

in section III.A. of EPA's 1999 guidance. Furthermore, certain sections of Maine's 

Chapter 101 were specifically included in EPA's proposed SSM SIP call. Therefore, 

EPA recommends that Maine DEP work with EPA to address the issues with Chapter 

101 in a separate rulemaking and delete sections 5.B(3), 5.(B)(4) and 5.(F)(5) from 

Chapter 164, since these requirements will be covered by the revised Chapter 101. 

Response: The Department will work with EPA to address the issues with Chapter 

101 in a separate rulemaking. Chapter 164 will be submitted for SIP approval with 

the specific opacity language redacted from consideration; i.e., portions of the 

submitted rule will have blacked out language not to be included in the SIP approval 

process. 

6. Comment: (commenter 2) Remove Section 4 (D), written in the proposed rule as 

follows: "Section 4. Concrete Batch Plant General Permit Requirements for Owners 

4 
D. (3) The owner/eperater-shall maintain sufficient records to accurately 

document compliance with emissien-stafidefds-and applicable general permit 

conditions and shall maintain such records for a minimum of six (6) years. The 

records shall be submitted to the Department upon written request." 

If an owner leases the facility to another company (Operator), the Owner is not 

typically involved in the daily operation of the facility. Inspections and 

documentation are the sole responsibility of the Operator. The Owner should not be 

required to maintain records of inspections and operations which they do not maintain 

control over. The Operator of a facility is bound by the regulations of Chapter 164, 

and often the leases/rental agreements to operate the facility, to maintain 

environmental compliance with all applicable regulations. In addition, proposed 

Section 4 (G) states: "G. (6) Upon written request from the Department, the owner 

shall establish and maintain records, make reports, install, use and maintain 

monitoring equipment, sample emissions (in accordance with methods, at locations, 

at intervals, and in such a manner as the Department shall prescribe), and provide 

other information as the Department may reasonably require to determine compliance 

status." This requirement is redundant of the proposed Section D. Dragon 

understands, and accepts, that as an Owner certain records must be made available to 

the Department, upon request. This provision allows Dragon the opportunity to 

contact the Operator and ascertain the required documents. The on-going 

maintenance of these filed, as the Owner, is overly burdensome. In addition, Section 

5(A)(5) requires the Operator of a concrete batch plant to maintain the same records 

to accurately document compliance with applicable provisions of the general permit. 

To require the Owner to maintain the same files is redundant and unnecessary. 

Response: The Department has amended its proposal to eliminate the proposed 

revisions to Chapter 149 and Chapter 164Section 4.D, since the requirements are 

covered under the proposed Section 4.G and Section 5.A.(5). 

5 

06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 149: GENERAL PERMIT REGULATION FOR NONMETALLIC MINERAL 

PROCESSING PLANTS 

SUMMARY: This General Permit regulates stationary and portable nonmetallic 

mineral processing plants that are subject to Federal New Source Performance 

Standards (NSPS) and those subject to State Regulations. Owners/operators of 

nonmetallic mineral processing plants may obtain specific regulatory coverage 

under this General Permit regulation in lieu of an individual air emission license. 

Such parties shall do so by obtaining a Crusher Identification Number (CIN) for 

each individual rock crusher and submitting a Notification of Intent to Comply 

(NOITC) attesting to their formal agreement to abide by all applicable conditions 

of this Chapter. Generator sets and diesel drives do not require a CIN but are 

subject to the provisions of the General Permit when associated with the crushing 

activities. If the construction, modification, or operation of a nonmetallic mineral 

processing plant by the operator would not comply with all conditions of this 

regulation, the operator must apply for and obtain an air emission license under 

06-096 CMR 115 before beginning the actual construction, modification, or 

operation of the source. 

1. Applicability 

A. This regulation applies statewide. 

B. This Chapter supersedes Rules Concerning the Processing of Applications and Other 

Administrative Matters, 06-096 CMR 2, where applicable. 

C. This regulation applies to all nonmetallic mineral processing plants (NMMPP) unless the 

NMMPP is covered under a separate state air emission license pursuant to 06-096 CMR 115. 

D. This regulation does not apply to any equipment at a facility which could be considered a major 

source. 

E. This regulation does not exempt the source from any applicable state or federal requirements 

including but not limited to 06-096 CMR 143, New Source Peiformance Standards and 06-096 

CMR 144, National Emission Standards for Hazardous Air Pollutants. 

F. Exclusions. A source shall not be issued a CIN and shall instead obtain an air emission license 

under the authority of 06-096 CMR 115 if: 

(1) A control method other than water sprays or carry over from up-stream water sprays is used 

to control emissions from the crusher; 

(2) It is determined that the source cannot comply with the terms and conditions of this 

regulation; 

(3) The power plant engine cannot meet the defmition of a portable non-road engine; 

(4) The power plant engine has a maximum heat input equal to or greater than 5.0 MMBtu/hr; 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

- 1 - 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(5) The aggregate of all stationary fuel burning equipment at a facility, under control of the 

Operator, may fire more than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, or equivalent 

natural gas/propane (combined) in a calendar year; 

(6) The Department has reasonable cause to believe that the application contains fraud or 

misrepresentation; 

(7) The person applying for the CIN failed to disclose a material fact required by the application 

or the regulations of which the applicant had, or should have had knowledge at the time the 

application was submitted; 

(8) The Owner/Operator owes any past due fees or civil penalties to the Department from 

previous air related licenses, permits, or consent agreements; or 

(9) The Department has reasonable cause to believe that emissions from the proposed, modified, 

or relocated source will violate the control strategy or interfere with attainment or 

maintenance of a national standard in Maine or in a neighboring state. 

2. Definitions 

The following terms, as used in this Chapter, have the following meanings: 

A. Authorized Official. "Authorized Official" means any duly authorized person given permission 

by an owner or operator to conduct business with the Department on their behalf. 

B. Facility. "Facility" means the aggregate of all the non-temporary pollutant-emitting activities 

which are located on one or more contiguous or adjacent properties and are under the control of 

the same person (or persons under common control). A Facility may include multiple rock 

crushers and/or power plant engines as well as equipment such as asphalt plants. 

C. Nonmetallic Mineral Processing Plant (NMMPP). "Nonmetallic Mineral Processing Plant 

(NMMPP)" means a rock crusher with or without a stationary engine functioning as a power 

source. 

D. Operator. "Operator" means any person who has direct control or supervision over a regulated 

source (rock crusher and/or power plant engine) and who has registered agreement to operate 

such equipment in accordance with the conditions of this regulation. The Operator may also be 

the Owner. 

E. Owner. "Owner" means any person who legally owns a regulated source (rock crusher and/or 

power plant engine) and who receives a Crusher Identification Number for that regulated source 

under the terms of this regulation. The Owner may also be the Operator. 

F. Performance Test. "Performance Test" means a certified visible emissions observation 

performed per EPA Method 9. The duration of the Method 9 observation shall be 30 minutes 

(five 6-minute averages). Compliance with the applicable fugitive emission limits shall be based 

on an average of the five 6-minute averages. 

G. Portable Non-Road Engine. "Portable Non-Road Engine" means an internal combustion engine 

which is portable or transportable, meaning designed to be and capable of being carried or moved 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

- 2 - 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

from one location to another. Indicia of transportability include, but are not limited to, wheels, 

skids, carrying handles, dolly, trailer, or platform. This defmition does NOT include engines 

which remain or will remain at a location for more than 12 consecutive months or a shorter period 

of time for an engine located at a seasonal source. A location is any single site at a building, 

structure, facility, or installation. Any engine that replaces an engine at a location and that is 

intended to perform the same or similar function as the engine replaced will be included in 

calculating the consecutive time period. 

An engine located at a seasonal source is an engine that remains at a seasonal source during the 

full annual operating period of the seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (i.e., at least two years) and that operates at that 

single location approximately three months (or more) each year. 

H. Portable Plant. "Portable Plant" means any nonmetallic mineral processing plant that is mounted 

on any chassis or skids and may be moved by the application of a lifting or pulling force. In 

addition, there shall be no cable, chain, turnbuckle, bolt or other means (except electrical 

connections) by which any piece of equipment is attached or clamped to any anchor, slab, or 

structure, including bedrock that must be removed prior to the application of a lifting or pulling 

force for the purpose of transporting the unit. 

I. Power Plant Engine. "Power Plant Engine" means any internal combustion engine whose 

function is to power a rock crusher including gen-sets, direct drive engines, and engines used to 

power hydraulic drives. 

J. Rock Crusher or Crusher. "Rock Crusher" or "Crusher" means a machine used to crush any 

nonmetallic minerals, and includes, but is not limited to, the following types: jaw, gyratory, cone, 

roll, rod mill, hammermill, and impactor. 

K. Safe Access. "Safe Access" means reasonable access to the regulated facility which complies 

with safety requirements of all local, state, or federal regulating authorities as well as the written 

safety standard operating procedures for that facility. 

L. Stationary Plant. "Stationary Plant" means any nonmetallic mineral processing plant that cannot 

meet the definition of "Portable Plant." 

M. Temporary Equipment. "Temporary Equipment" means any pollutant-emitting activities which 

are operated at a particular site for less than four (4) weeks in a calendar year. 

3. General Terms and Conditions of Applications 

A. Registration of Owner and Operator. Prior to the operation of a NMMPP the Owner shall 

either obtain an air emission license per the requirements of 06-096 CMR 115 or register the 

equipment with the Department under this rule and receive a General Permit Number. If the 

Owner elects to register the equipment under this rule (instead of obtaining a license under 06- 

096 CMR 115), the Operator must also submit the Notice of Intent to Comply (NOITC) per 

Section 3(D) of this rule prior to operation of the equipment. The Owner and Operator may be the 

same. 

B. Required CINI Application Form and Additional Information. The application for a CIN shall 

include an application form prescribed by the Department and any other additional information 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

required by the Department, unless otherwise specified by this Chapter. The applicant may not 

omit information needed to determine the applicability of this rule. The application form and the 

additional required information shall include, but is not limited to, the following elements: 

(1) Identifying information, including contact information for the Owner; 

(2) The age, type, and maximum processing rate of the crusher to be issued a CIN; 

(3) A unique identifier, such as a serial number, etc. associated with this CIN; 

(4) Any other information that may be necessary to implement and enforce any requirements 

applicable to the source pursuant to federal or state air emission control regulations; 

(5) If required by the Department, proposed monitoring, testing, record keeping and reporting 

protocols, and results of previously performed performance tests; 

(6) A certification statement as set forth in Section 3(G). 

C. Identification of Equipment. The Department will assign a unique Crusher Identification 

Number (ON) to each rock crusher for which an application has been submitted. The rock 

crusher associated with the CIN shall be clearly marked (engraved, stenciled, etched, or otherwise 

permanently affixed) with one of the following: 

(1) The current CIN number, or 

(2) A serial number or other unique equipment number that is also listed in the CIN application 

and which can easily be cross referenced. 

D. Notice of Intent to Comply. The operator shall submit, on a form designated by the Department, 

a Notice of Intent to Comply (NOITC). The NOITC shall be submitted to the Department at least 

two business days prior to commencing operation of the equipment. A copy of the NOITC shall 

also be sent to the municipality where the equipment will be relocated, except in the case of an 

unorganized territory where notification will be made to the respective county commissioners. 

Once the NOITC is submitted, the operator is bound by the conditions of this regulation and shall 

comply with all applicable conditions until such time as the operator informs the Department, in 

writing, that they no longer intend to operate the listed equipment or the operator applies for and 

obtains an air emission license per 06-096 CMR 115. 

E. Required NOITC form. The NOITC shall be in a form prescribed by the Department. The 

NOITC form shall include, but is not limited to, the following elements: 

(1) The Crusher Identification Number issued by the Department if the NOITC is submitted 

separately from the CIN application form; 

(2) Identifying information, including contact information for the Operator; 

(3) A statement that the operator intends to comply with, and operate the listed equipment to, the 

terms and conditions set forth in this chapter; 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(4) Any other information that may be necessary to implement and enforce all requirements 

applicable to the source pursuant to federal or state air emission control regulations; 

(5) A certification statement as set forth in Section 3(G). 

F. Certification. All CIN applications and NOITC forms submitted to the Department in 

accordance with this chapter shall contain a certification of truth, accuracy, and completeness 

with the signature and printed name of either the responsible official (see 06-096 CMR 100) or an 

authorized official, as defined in this chapter. Signatures of authorized officials must be 

accompanied with a signed statement from the responsible official giving them the authority to 

sign on their behalf. The signatory sheet shall make the following certification: 

"I certify under penalty of law that I have personally examined the information submitted in 

the document and all attachments thereto and that, based on my inquiry of those individuals 

immediately responsible for obtaining the information, I believe the information is true, 

accurate, and complete. I authorize the Department to enter the property that is the subject of 

this application, at reasonable hours, including buildings, structures or conveyances on the 

property, to determine the accuracy of any information provided herein. I am aware there are 

significant civil and criminal penalties for submitting false information, including the 

possibility of fine and imprisonment." 

The signatory sheet for the Operator (NOITC form) shall include the certification in the 

paragraph above in addition to the following certification: 

"I certify that the equipment listed in this application shall be operated in compliance with the 

terms and conditions of 06-096 CMR 149, General Permit Regulation for Nonmetallic 

Mineral Processing Plants and any other applicable state or federal air emission control 

regulations." 

Upon becoming aware that incorrect information was submitted, the responsible/authorized 

official must provide the Department with the supplementary facts or corrected information. 

G. Public Notice of Intent to File. No application notification is required for the processing of a 

CIN or NOITC. 

H. Fees. The owner shall pay an annual fee to the Department per 38 MRSA, 353-A.10. The first 

year's fee is due with the CIN application form. 

I. Submittal Address. An application for a CIN and NOITC shall be filed with the Bureau of Air 

Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333- 

0017. 

J. Source obligation. Neither a CIN nor submittal of a NOITC shall relieve any owner or operator 

of a source from the responsibility to comply fully with any other requirements applicable to the 

source. 

K. Public access to information and confidentiality. All information and data submitted to the 

Department shall be subject to the provisions of the Freedom of Access Law, Title 1 MRSA §401 

et seq., as amended. Documents which the applicant believes may not be subject to disclosure 

under the Freedom of Access Law should be clearly marked as "claimed confidential" at the time 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

of submission. Such a claim of confidentiality does not itself protect the documents from 

disclosure, but alerts the Department to the applicant's position that the documents may not be 

subject to disclosure. Public records include, but are not limited to, the following: 

(1) Information concerning the nature and extent of the emissions of any regulated pollutant by a 

source; and 

(2) Information submitted by the source with respect to the economic, environmental and energy 

impacts of various control options in the determination of the control technology 

requirements. 

4. General Permit Conditions for Owners 

A. General Conditions 

(1) Employees and authorized representatives of the Department shall be allowed safe access to the 

owner's business premises during business hours, or any time during which any emissions units 

are in operation, and at such other times as the Department deems necessary for the purpose of 

performing tests, collecting samples, conducting inspections, or examining and copying records 

relating to emissions (Title 38 MRSA §347-C). Prior to entrance to the owner's property, the 

Department shall notify the owner and the operator, or a designee, shall provide safe access that 

complies with safety requirements of all local, state, and federal regulating authorities as well 

as all written safety standard operating procedures for that facility. 

(2) The owner shall pay the annual air emission general permit fee to the Department, pursuant to 

Title 38 M.R.S.A. §353-A, 10. Failure to pay this annual fee within the stated timeframe is 

sufficient grounds for revocation of the CIN. 

(3) The CIN does not convey any property rights of any sort, or any exclusive privilege. 

(4) The owner shall comply with all applicable terms and conditions of this general permit. The 

filing of an appeal, the notification of planned changes or anticipated noncompliance, or the 

filing of an application for an air emission license issued under the authority of 06-096 CMR 

115 shall not stay any condition of this general permit. 

(5) The owner shall not use as a defense in an enforcement action that the disruption, cessation, 

or reduction of operations would have been necessary in order to maintain compliance with 

the conditions of the general permit. 

(6) Notwithstanding any other provisions in the State Implementation Plan approved by the EPA 

or Section 114(a) of the CAA, any credible evidence may be used for the purpose of 

establishing whether a person has violated or is in violation of any statute, regulation, or Part 

70 license requirement. 

(7) Upon written request from the Department, the owner shall establish and maintain such 

records, make such reports, install, use and maintain such monitoring equipment, sample such 

emissions (in accordance with such methods, at such locations, at such intervals, and in such 

a manner as the Department shall prescribe), and provide other information as the 

Department may reasonably require to determine compliance status. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

B. Rock Crushers Subject to NSPS. Owners of Stationary plants with maximum capacities greater 

than 25 ton/hour and portable plants with maximum capacities greater than 150 ton/hour are 

subject to and shall comply with 40 CFR Part 60, Subpart 000 Standards ofPoformance for 

Nonmetallic Mineral Processing Plants if they began construction, reconstruction, or 

modification after August 31, 1983. Compliance includes, but is not limited to: 

(1) The owner shall either have an initial performance test performed on the rock crushers per the 

applicable sections of 40 CFR Part 60, Subpart 000, §60.675 or provide documentation to 

the Department that the initial performance test was previously performed. (Documentation 

that a successful initial performance test was performed outside of Maine may be accepted.) 

(2) An initial performance test shall be completed within 60 days after achieving the maximum 

production rate at which the unit will be operated, but no later than 180 days after initial 

startup of the unit. If the initial performance test for a facility falls within a seasonal 

shutdown, then with written approval from the Department, the initial performance test may 

be postponed until no later than 60 calendar days after resuming operation of the affected 

equipment. 

(3) The owner shall submit a test notice to the regional inspector at least 7 days prior to a 

performance test. 

(4) For crushers for which construction, reconstruction or modification began after April 22, 

2008, the owner is required at the time of the initial performance test to designate which 

water sprays will be regularly inspected as part of the continuous compliance demonstration. 

5. General Permit Conditions for Operators 

A. General Conditions 

(1) Employees and authorized representatives of the Department shall be allowed safe access to the 

operator's business premises during business hours, any time during which any emissions units 

are in operation, and at such other times as the Department deems necessary for the purpose of 

performing tests, collecting samples, conducting inspections, or examining and copying records 

relating to emissions (Title 38 MRSA §347-C). Prior to entrance to the premises, the 

Department shall notify the operator, and the operator, or a designee, shall provide safe access 

that complies with safety requirements of all local, state, and federal regulating authorities as 

well as the written safety standard operating procedures for that facility. 

(2) The operator shall establish and maintain a continuing program of best management practices 

for suppression of fugitive particulate matter during any period of construction, 

reconstruction, or operation which may result in fugitive dust, and shall submit a description 

of the program to the Department upon request. 

(3) The CIN does not convey any property rights of any sort, or any exclusive privilege. 

(4) The operator shall maintain and operate as necessary all emission units and air pollution 

systems required by the general permit in a manner consistent with good air pollution control 

practice for minimizing emissions. 

Chapter 149: General Permit for Nomnetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(5) The operator shall maintain sufficient records to accurately document compliance with emission 

standards and general permit conditions and shall maintain such records for a minimum of six (6) 

years. The records shall be submitted to the Department upon written request. 

(6) The operator shall comply with all applicable terms and conditions of this general permit. The 

filing of an appeal, the notification of planned changes or anticipated noncompliance, or the 

filing of an application for a license issued under the authority of 06-096 CMR 115 shall not 

stay any condition of this general permit. 

(7) The operator may not use as a defense in an enforcement action that the disruption, cessation, 

or reduction of operations would have been necessary in order to maintain compliance with 

the conditions of the general permit. 

(8) In accordance with the Department's air emission compliance test protocol and 40 CFR Part 

60 or other method approved or required by the Department, the operator shall: 

(a) perform testing to demonstrate compliance with the applicable emission standards under 

circumstances representative of the facility's normal process and operating conditions: 

(i) within sixty (60) calendar days of receipt of a notification to test from the 

Department or EPA, if visible emissions, equipment operating parameters, staff 

inspection, air monitoring or other cause indicate to the Department that equipment 

may be operating out of compliance with emission standards or license conditions; or 

(ii) pursuant to any other requirement of this general permit to perform testing. 

(b) install or make provisions to install test ports that meet the criteria of 40 CFR Part 60, 

Appendix A, and test platforms, if necessary, and other accommodations necessary to 

allow emission testing; and 

(c) submit a written report to the Department within thirty (30) days from date of test 

completion. 

(9) If the results of a test performed under circumstances representative of the facility's normal 

process and operating conditions indicate emissions in excess of the applicable standards, then: 

(a) within thirty (30) days following receipt of such test results, the operator shall re-test the 

non-complying emission source under circumstances representative of the facility's 

normal process and operating conditions and in accordance with the Department's air 

emission compliance test protocol and 40 CFR Part 60 or other method approved or 

required by the Department; 

(b) the days of violation shall be presumed to include the date of test and each and every day 

of operation thereafter until compliance is demonstrated under normal and representative 

process and operating conditions, except to the extent that the facility can prove to the 

satisfaction of the Department that there were intervening days during which no violation 

occurred or that the violation was not continuing in nature; and 

(c) the operator may, upon obtaining an air emission license under the authority of 06-096 

CMR 115 and following the successful demonstration of compliance at alternative load 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

conditions, operate under such alternative load conditions on an interim basis in 

accordance with the air emission license prior to a demonstration of compliance under 

normal and representative process and operating conditions. 

(10)Notwithstanding any other provisions in the State Implementation Plan approved by the EPA 

or Section 114(a) of the CAA, any credible evidence may be used for the purpose of 

establishing whether a person has violated or is in violation of any statute, regulation, or Part 

70 license requirement. 

(11)The operator shall maintain records of malfunctions, failures, downtime, and any other similar 

change in operation of air pollution control systems or the emissions unit itself that would 

affect emissions and that is not consistent with the terms and conditions of this general permit. 

The operator shall notify the Department within two (2) days or the next state working day, 

whichever is later, of such occasions where such changes result in an increase of emissions. 

The operator shall report all excess emissions in the units of the applicable emission limitation. 

(12)Upon written request from the Department, the operator shall establish and maintain such 

records, make such reports, install, use and maintain such monitoring equipment, sample such 

emissions (in accordance with such methods, at such locations, at such intervals, and in such 

a manner as the Department shall prescribe), and provide other information as the 

Department may reasonably require to determine compliance status. 

(13)The operator shall make a copy of the NOITC available and provide it to Department 

employees upon request. 

(14)The operator shall have the equipment operator(s) be familiar with the terms and conditions 

of this general permit. 

(15)Notwithstanding any part of this regulation, the operator is subject to the applicable parts of 

06-096 CMR 101 and shall comply with such. 

B. Rock Crushers 

(1) Visible emissions from the rock crusher shall not exceed an opacity of 10% on a six (6) 

minute block average basis. 

(2) Visible emissions from any transfer point on belt conveyors shall not exceed an opacity of 

7% on a six (6) minute block average basis. 

(3) The operator shall maintain spray nozzles or other control equipment for particulate control 

on the rock crusher and operate them as necessary to limit visible emissions to the opacity 

standards listed in Sections 5(B)(1) and (2). 

(4) The operator shall maintain a log detailing the maintenance on particulate matter control 

equipment (including spray nozzles). The operator shall perform monthly inspections of all 

water sprays to confirm water is flowing to the correct locations and initiate corrective action 

within 24 hours if water is found to not be flowing properly. Records of the date of each 

inspection and any corrective action required shall be included in the maintenance log. The 

maintenance log shall be kept on-site at the rock crushing location. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(5) The operator shall maintain a log detailing and quantifying the hours of operation on a daily 

basis for the rock crusher. The operation log shall be kept on-site at the rock crushing location. 

C. Power Plant Engines 

(1) Each power plant engine shall not equal or exceed a maximum heat input of 5.0 MMBtu/hr. 

(2) Power plant engines must meet the defmition of portable non-road engine as defmed in this 

rule. 

(3) Power plant engines shall fire only fuel with a sulfur content not to exceed 15 ppm. 

(4) Each power plant engine with a maximum heat input greater than 3.0 MMBtu/hr shall not 

exceed 0.12 lb/MMBtu of particulate emissions. 

(5) Stationary fuel use for the facility, including any power plant engines and asphalt plants, shall 

not exceed 65,000 gallons per year of diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the 

equivalent amount of natural gas/propane combined. 

(6) The operator shall keep records documenting the quantity and type of fuel fired at the facility 

and provide such records to the Department upon request. 

(7) Visible emissions from each power plant engine shall not exceed 20% opacity on a six (6) 

minute block average basis, except for no more than two (2) six (6) minute block averages in 

a continuous 3-hour period. 

(8) The operator shall not operate any power plant engine as a dispatchable load generator (i.e. 

provide power to ISO New England or other electrical system operator). 

(9) Operators shall operate and maintain each power plant engine in accordance with the 

manufacturer's written instructions. Operators may only change settings as approved by the 

manufacturer. 

(10)If the power plant engine is equipped with a diesel particulate filter, the operator shall keep 

records of all corrective action taken after the back pressure monitor has notified the operator 

that the high backpressure limit is approached. 

D. Equipment Relocation 

(1) The operator shall notify the Bureau of Air Quality, by a written notification prior to relocation 

of any crusher. It is preferred for notice of the relocation to be submitted through the 

Department's on-line e-notice at: 

www.maine.gov/dep/air/compliance/forms/relocation 

Written notice may also be sent by fax (207-287-7641) or mail. Notification sent by mail shall 

be sent to the address below. 

Attn: Relocation Notice 

Maine DEP 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Bureau of Air Quality 

17 State House Station 

Augusta, ME 04333-0017 

The notification shall include the address of the equipment's new location and the ClN pertaining 

to the relocated equipment. 

(2) Written notification shall also be made to the municipality where the equipment will be 

relocated, except in the case of an unorganized territory where notification will be made to 

the respective county commissioners. 

(3) If the Department has reasonable cause to believe that emissions from the relocated source 

will violate the control strategy or interfere with attainment or maintenance of a national 

standard in Maine or in a neighboring state, the Department may require the facility to obtain 

an air emission license under the authority of 06-096 CMR 115. 

E. Stockpiles and Roadways 

Visible emissions from a fugitive emission source shall not exceed an opacity of 20%, except for 

no more than five (5) minutes in any 1-hour period. Compliance shall be determined by an 

aggregate of the individual fifteen (15)-second opacity observations which exceed 20% in any 

one (1) hour. 

6. Severability. Each part of this Chapter is severable, and in the event that any part of this Chapter is 

held to be invalid, the remainder of the Chapter shall continue in full force and effect. 

AUTHORITY: 38 M.R.S.A., §585-A 

EFFECTIVE DATE: August 4, 2008, filing 2008-337 

Amended: April 27, 2014 

BASIS STATEMENT 

This rule establishes a general permit program for stationary and portable nonmetallic mineral processing 

plants (NMMPP) that are subject to Federal New Source Performance Standards (NSPS) and those 

subject to State Regulations. This rule allows most NMMPP to obtain a permit from the Department 

without going through the licensing process currently required by Chapter 115 Major and Minor Source 

Air Emission License Regulation. Owner/operators may choose to be licensed under Chapter 149 or 

Chapter 115, however, facilities emitting pollutants at levels subject to Chapter 137 Emission Statements 

will not be permitted to utilize Chapter 149 and will require a Chapter 115 license. 

This rule provides clear requirements for both the owners and operators of the NMMPP ensuring all rock 

crushers are in compliance with state and federal regulations. 

In addition to the Basis Statement above, the Department has filed with the Secretary of State its response 

to comments received during the public comment period. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BASIS STATEMENT FOR AMENDMENT OF APRIL 2014 

The regulation is being amended to bring facilities who address licensing through a general permit into 

alignment with those covered under a traditional air emission license issued through 06-096 CMR 115. In 

addition to this basis statement, the Department has filed with the Secretary of State responses to 

comments received during the public comment period 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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1.••• ••1•1..14.11aWaS, 

ACCEPTED FOR 

FILING 

APR 2 2 2014 

SECRETARY OF STATE 

1 

2014-083 Rule-Making Cover Sheet 

TO: Secretary of State 

ATTN: Administrative Procedure Officer 

State House Station 101, Augusta, Maine 04333 

1. Agency: Department of Environmental Protection 

2. Agency umbrella and unit number: 06-096 

II 

3. Title of rule: General Permit Regulation for Nonmetallic Mineral Processing Plants 

4. Chapter number assigned to the rule: 149 

5. Date(s)/method(s) of notice: On 1/15/2014 in the Kennebec Journal, Portland Press 

Herald, Bangor Daily News, Lewiston Sun Journal and Waterville Morning Sentinel. 

6. Date(s)/place(s) of hearing(s): No hearing- 30 day comment period 

7. Type: _new rule • partial amendment(s) of existing rule 

_suspension of existing rule repeal of rule emergency rule 

_ repeal and replace: complete replacement of existing chapter, with former 

version simultaneously repealed. 

8. Name/phone of agency contact person: Lisa Higgins (207) 287-7023 

9. If a major substantive rule under Title 5, c. 375, sub-CII-A, check one of the 

following: 

0 Provisional adoption 0 Final adoption 

(prior to Legislative review) 

Emergency adoption of major-substantive rule 

10. Certification Statement: I, Patricia Aho hereby certify 

that the attached is a true copy of the rule(s) described above and lawfully adopted by 

Department of Environmental Protection on 

(name of agency) date) 

I further certify that all portions of this rule are adopted in compliance with the 

requirements e aine Adrinistra 'ye Procedure Act. 

4 1 

Signature: 

(original signature, personally signed by the head of agency) 

VAr/111 

(date) 

Signature: 

(o riginal i "gnature, personally signed by the head of agency) 

Printed name & A. Rci . J, th46- 

EFFECTIVE DATE APR 27 2014 

11. Approved as to form and legality by the Attorney General on