STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 001110140. 

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PAUL R. LEPAGE PATRICIA W. AHO 

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

recently adopted amendments to the Department's Chapter 164 General Permit for Concrete Batch Plants 

rule. This new rule was 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 Chapter 164. 

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 adopted Chapter 164 General Permit for Concrete Batch Plants rule with an 

effective date of April 27, 2014; and 

4. The MAPA I form for Chapter 164, 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 

AUGUSTA B•NGOR PORTLAND PRESQUE ISLE 

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

AUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTI„\ ND, MAINE (14103 PRESQUE ISLE, MAINE 04769 

(207) 287-7688 D1N: (207) 287- 7 826 (20 7 ) 741 45 771 I SN (207)'141 4584 (2(17) 822-630)) F.3X: (20 7 ) 8 1 2 6303 (2( 7 ) 764-0477 FAX: (207) 760-3143 

web site: www.maine.gov /der, 
Letter to David Conroy 

7/24/14 

Page 2 of 2 

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

Sincerely, 

A&&ghdL_ 

Marc Allen Robert Cone, Director 

Bureau of Air Quality 

Enclosure 

Cc: Patricia Aho, Commissioner 

Ida McDonnell (electronic copy) 

Donald Dahl (electronic copy) 

amoraper OrTIOAMMETARY OF STATE 

Bureau of Corporations, 

Elections & CommissiA4 

TAM II 

January 15, 2014 Ru140aking Notice - State of MainjUSA Page 1 of 5 

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January 151 2014 

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 rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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/cec/rules . There is also a list of rule-making 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 

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: 

http://www.maine.gov/sos/cec/rules/notices/2014/011514.html 7/23/2014 
January 15, 2014 Ru140staking Notice - State of Maii4USA Page 2 of 5 

(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 RULEMAKING 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) 

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, 

http://www.maine.gov/sos/cec/rules/notices/2014/011514.html 7/23/2014 
January 15, 2014 Ru140taking Notice - State of MaiNJUSA Page 3 of 5 

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.Hidgins@Maine.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@Maine.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, POOS 

BRIEF SUMMARY: The Department is proposing amendments to Ch. 149 and 164, which 

allow most Nonmetallic Mineral Processing Plants (NMMPP) and 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.00vldep/ . 

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. 

http://www.maine.gov/sos/cec/rules/notices/2014/011514.html 7/23/2014 
0 0 
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 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.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-Depaftinent 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 S.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 

malfunction (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 clar0 , 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-Depactment 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 5.13(3), 5.B(4), 5.E, 5.F(5) and 5.G(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. (-33 The owner/operator-shall maintain sufficient records to accurately 

document compliance with emission-standards-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 
co 0 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 164: GENERAL PERMIT FOR CONCRETE BATCH PLANTS 

SUMMARY: This Chapter regulates air emissions from Concrete Batch 

Plants that are subject to State air emissions standards. Owners and 

operators of Concrete Batch Plants may obtain specific regulatory 

coverage under this General Permit regulation in lieu of an individual air 

emission license if their facility qualifies as a minor source of air 

emissions. A Concrete Batch Plant General Permit Number (GPN) for 

each unit may be obtained by submitting an application with Notification 

of Intent to Comply (NOITC) attesting to their formal agreement to abide 

by all conditions of this Chapter. Generator sets and small boilers and hot 

water heaters do not require a separate GPN but are subject to the 

provisions of the General Permit when associated with the operations of 

a concrete batch plant. If construction, modification or operation of a 

concrete batch plant would not comply with all conditions of this 

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

pursuant to 06-096 CMR 115 before beginning the actual construction, 

modification, or operation of the air emissions source. 

1. Applicability 

A. This regulation applies statewide. 

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

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

C. This regulation applies to all Concrete Batch Plants (CBP) unless the CBP is or would be 

required to be covered under a separate state air emission license pursuant to 06-096 

CMR 115. 

D. This regulation applies to a facility which is considered a minor source of air emissions 

pursuant to Department regulation 06-096 CMR 100, Definitions; that is not defmed as a 

Part 70 source and is not subject to 06-096 CMR 137, Emission Statements. This 

regulation does not exempt a minor source from any applicable state or federal 

requirements including, but not limited to, those pursuant to 06-096 CMR 143, New 

Source Petformance Standards or 06-096 CMR 144, National Emission Standards for 

Hazardous Air Pollutants. 

E. Exclusions. A source is not eligible for a Concrete Batch Plant General Permit if: 

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

regulation; 

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

misrepresentation; 

(3) The person applying for the General Permit 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; 

Chapter 164: General Permit for Concrete Batch Plants 

- 1 - 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(4) The owner or operator owes any past due fees or civil penalties to the Department 

from previous air related licenses, permits or consent agreements; 

(5) The power plant engine has a maximum heat input equal to or greater than 5.0 

MMBtu/hr or 700 hp; 

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

Concrete Batch Plants with a power plant engine(s) subject to National Emission 

Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating 

Internal Combustion Engines, 40 CFR Part 63, Subpart ZZZZ shall obtain an air 

emission license pursuant to 06-096 CMR 115; 

(7) The associated boilers, hot water heaters, and power plant engines have a total 

maximum heat input capacity equal to or greater than 10.0 MMBtu/hr; 

(8) The aggregate of all stationary fuel burning equipment at a facility, including all 

concrete batch plants and power plant engines or other equipment under control of 

the owner or operator, fires more than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, 

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

C. Concrete Batch Pant. "Concrete Batch Plant (CBP)" means a facility manufacturing 

concrete from any combination of cement, cement supplement, fine aggregate, coarse 

aggregate and water. The CBP includes associated aggregate bins, weigh hoppers and 

cement storage silos. 

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

regulated source (Concrete Batch Plant and/or power plant engine and/or boiler or hot 

water heater) and who has a registered agreement to operate such equipment in 

accordance with the conditions of this regulation. The operator may also be the owner of 

the equipment. 

E. Owner. "Owner" means any person who legally owns a regulated source (Concrete 

Batch Plant, and/or power plant engine and/or boiler or hot water heater) and who 

receives a General Permit for that regulated source under the terms of this regulation. 

The owner may also be the operator of the equipment. 

Chapter 164: General Permit for Concrete Batch Plants 

- 2 - 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 from one location to another. Indicia of transportability include, but are 

not limited to, wheels, skids, canying 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 Concrete Batch Plant that is mounted on any 

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

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

whose function is to power a concrete batch plant including gen-sets, direct drive 

engines, and engines used to power hydraulic drives. 

J. 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. 

K. Stationary Plant. "Stationary Plant" means any Concrete Batch Plant that cannot meet 

the definition of "Portable Plant." 

L. Temporary Equipment. "Temporary Equipment" means any pollutant-emitting 

equipment or devices which are operated at a particular site for less than four (4) 

consecutive weeks in a calendar year. 

3. Terms and Conditions for Concrete Batch Plant (CBP) General Permit Applications 

A. Registration of Owner and Operator. Prior to the operation of a CBP, the owner shall 

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

the equipment with the Department and receive a General Permit Number (GPN). 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 

(NOTIC) per Section 3(D) of this rule prior to operation of the equipment. The owner 

and operator may be the same. 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

B. Required General Permit (GP) Application Form and Additional Information. The 

application for a GP shall include an application form prescribed by the Department and 

any other additional information 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 manufacturer, model, date(s) of manufacture and installation and maximum 

processing rate of the Concrete Batch Plant, whether the Concrete Batch Plant is 

portable, information on the source of the power supply, and any other equipment onsite; 

(3) A unique identifier, such as a serial number associated with the GPN; 

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

or state air emissions control requirements applicable to the source; 

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

reporting protocols, and results of previously performed performance tests; and 

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

C. Equipment Identification Label. The Department will assign a unique General Permit 

Number (GPN) to each Concrete Batch Plant for which an application has been 

submitted. The Concrete Batch Plant unit associated with the GPN shall be clearly 

marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the 

following: 

(1) The current GPN number; or 

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

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 owner or 

operator applies for and obtains an air emission license pursuant to 06-096 CMR 115. 

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

Department. The NOITC information shall include, but is not limited to, the following 

elements: 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(1) The GPN or manufacturer's serial number that is permanently marked on the unit if 

the NOITC is submitted separately from the GP application form; 

(2) Identifying information, including the CBP location along with contact information 

for the operator and plant operator responsible for the unit; 

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

equipment according to the terms and conditions set forth in this chapter; 

(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; and 

(5) A compliance certification statement as set forth in Subsection 3 (F). 

F. Certification. All General Permit applications and NOITC certification 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 pursuant to 06-096 CMR 100, Definitions, 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 for the owner 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 

paragaph 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 164, General Permit for Concrete Batch 

Plants and any other applicable state or federal air emission control regulations." 

In the event of 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 GP application or NOITC. 

H. Fees. The owner/operator shall pay an annual fee to the Department per 38 MRSA §353- 

A (4). The first year's fee is due with the GP application form. Payment of the annual air 

emission general permit fee is required for continuous activation of the general permit. A 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

general permit shall be deactivated if the permit fee is not paid within 60 days of the 

annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator 

must reapply for and obtain a new general permit before resuming operation of the CBP 

and associated equipment. 

I. Application Submittal. An application for a GP shall be filed with the Department of 

Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 

04333-0017. 

J. Source obligation. Neither a GP nor submittal of an 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 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 used in determiningcontrol 

technology requirements. 

4. Concrete Batch Plant General Permit Requirements for Owners 

A. 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 plant 

operator, or designee, who 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. 

B. The owner shall pay the annual air emissions 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 GP. 

C. The General Permit does not convey any property rights of any sort, or any exclusive 

privilege. 

D. 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, 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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. 

E. 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. 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 or regulation. 

F. 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. 

5. Concrete Batch Plant General Permit Requirements for Operators 

A. General Conditions. 

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

access to the 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 property, 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 all 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 to the Department upon request. 

(3) The General Permit 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. 

(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 an air emission license issued 

Chapter 164: General Permit for Concrete Batch Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

under the authority of 06-096 CMR 115 shall not stay any condition of this General 

Permit. 

(7) The operator 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. 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 or 

regulation. 

(8) The operator shall keep a copy of the NOITC and manufacturer's operating 

instructions at the site where the facility operates and shall provide the 

documentation to Department representatives upon request. 

(9) The operator shall train all equipment operator(s) to be thoroughly familiar with the 

terms and conditions of this general permit. 

(10) Notwithstanding any part of this regulation, the owner/operator is subject to the 

applicable parts of 06-096 CMR 101, Visible Emissions. 

B. Concrete Batch Plant Emissions Control and Maintenance Requirements 

(1) 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. 

(2) 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. 

(3) Visible emissions from the Concrete Batch Plant shall not exceed 20 percent (%) 

opacity on a six (6) minute block average basis, more than once in a (1) one-hour 

period pursuant to 06-096 CMR 101, Visible Emissions. 

(4) Visible emissions from any transfer point on belt conveyors shall not exceed 7 

percent (%) opacity on a six (6) minute block average basis, more than once in a 

continuous 3-hour period pursuant to 06-096 CMR 101, Visible Emissions. 

(5) The operator shall maintain control equipment for particulate control on the Concrete 

Batch Plant and associated material handling systems, bag house filtration systems 

and cement silos and operate them as necessary to limit visible emissions to the 

applicable opacity standards listed in 06-096 CMR 101 and in this subsection. 

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

control equipment. The operator shall perform monthly inspections of control 

equipment. Records of the date of each inspection and any corrective action required 

will be included in the maintenance log. The maintenance log shall be kept on-site at 

the Concrete Batch Plant location. 

Chapter 164: General Permit for Concrete Batch Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

a daily basis for the Concrete Batch Plant. The operator shall record the date and 

location of all bag failures as well as all routine maintenance. The operation log shall 

be kept on-site at the Concrete Batch Plant location. 

C. Concrete Batch Plant Record Keeping, Testing and Reporting Requirements 

(I) 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. 

(2) 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) make any accommodations necessary to allow emission testing using the EPA 

Method 9 visual test; and 

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

any test completion. 

(3) 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 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 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. 

(4) The operator shall maintain records of malfunctions, failures, downtime, fuel use 

and fuel sulfur content 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 government 

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. 

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

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

emissions in accordance with prescribed methods, at locations, intervals, and in a 

manner the Department shall prescribe; and provide other information as the 

Department may reasonably require in order to make a determination of the permit 

compliance status. 

D. Equipment Relocation 

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

relocation of a portable concrete batch plant. It is preferred for the 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 by mail to the address 

below: 

Attn: Relocation Notice 

Maine DEP 

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 GPN 

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. 

Chapter 164: General Permit for Concrete Batch Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

E. Stockpiles and Roadways. Visible emissions from a fugitive emission source shall 

not exceed 20 percent (%) opacity, 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. 

F. Associated Power Plant Engine GP Eligibility and Emission Control Requirements 

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

MMBtu/hr. 

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

(3) Each power plant engine with a maximum heat input greater than 3.0 MMBtu/hr 

shall not exceed 0.12 lb/MMBtu of total particulate emissions. 

(4) Fuel used by the facility, including any fuel fired in any stationary units such as 

power plant engines, boilers, and hot water heaters, shall not exceed 65,000 gallons 

per calendar year of diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the equivalent 

amount of natural gas/propane, combined. 

(5) Visible emissions from each power plant engine shall not exceed 20 percent (%) 

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. 

(6) The operator shall not operate any power plant engine as a dispatchable load 

generator to provide power to ISO New England or any other electricity system 

operation. 

(7) 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. 

(8) 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 back pressure limit is approached. 

G. Associated Boilers and Hot Water Heaters 

(1) The total maximum heat input capacity of associated boilers and hot water heaters 

shall not equal or exceed a maximum heat input of 10.0 MMBtu/hr. 

(2) Each boiler and hot water heater with a maximum heat input greater than 3.0 

MMBtu/hr shall not exceed 0.12 lb/MMBtu of total particulate emissions. 

(3) Fuel fired in boilers and hot water heaters associated with the Concrete Batch Plant 

shall be included in the facility fuel use limit of 65,000 gallons per calendar year of 

diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the equivalent amount of natural 

gas/propane, combined. 

Chapter 164: General Permit for Concrete Batch Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(4) Visible emissions from each boiler or hot water heater shall not exceed 20 percent 

(%) 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. 

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: May 6, 2012 — filing 2012-135 

Amended: April 27, 2014 

BASIS STATEMENT FOR AMENDMENT OF APRIL 2014 

The regulation is being amended to provide for separation of responsibilities between equipment 

owners and operators which allows owners the flexibility rent or loan equipment to other 

operators similar to 06-096 CMR 149. 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 164: General Permit for Concrete Batch Plants 

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a 0 
ACCEPTED FOR 

MONO 

APR 22 2014 

SECRETARY OF STATE 

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 

3. Title of rule: General Permit for Concrete Batch Plants 

4. Chapter number assigned to the rule: 164 

2014-084 

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

Herald, Bangor Daily News, Lewiston Stm 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-CH-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 O‘A 1-\ 

(name of agency) vlat ) 

further certify i. all portions of this rule are adopted in compliance with the 

requireme e Adm . e Procedure Act. 

Signature: I CUI / 

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

V4r/i4/ 

(date) 

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

Signature: 

signature, personally signed by the head of agency) 

Printed name & title: ot 4) P. i2.4 .41/174-C 

EFFECTIVE DATE: APR 2 7 2014