STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 0111 0 14 0

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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 7 71 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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Home I Contact Us I Online Services I Publications I News Home > Weekly Rule-making Notices > January 15, 2014 

### January 15 1 2014 WEEKLY NOTICES OF STATE RULE-MAKING Public Input for Proposed and Adopted RulesNotices 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 petitionforms, 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:



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## January 15, 2014 Ru14 0s taking 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

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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, 2014CONTACT 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

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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, 

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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

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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

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### 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).

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# co 006-96 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

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(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

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### 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.

Chapter 164: General Permit for Concrete Batch Plants

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### 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 isportable, 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: Chapter 164: General Permit for Concrete Batch Plants 

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(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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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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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

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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.

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(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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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.

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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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### (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.

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# a 0ACCEPTED 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

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(name of agency) vlat ) further certify i. all portions of this rule are adopted in compliance with the . e Procedure Act. requireme e Adm Signature: I CU I / (original signature, personally signed by the head of agency)



# V 4r/i 4 / (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. i 2

. 4

. 41 /174-C

EFFECTIVE DATE: 

## APR 2 7 2014