STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 041101144. 

:1ft Of WA 

PATRICIA W. AHO 

COMMISSIONER 

PAUL R. LEPAGE 

GOVERNOR 

August 20, 2015 

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: 

On July 24, 2014, the Department submitted recently adopted amendments to its Chapter 149 General 

Permit Regulation for Nonmetallic Mineral Processing Plants and Chapter 164 General Permit for 

Concrete Batch Plants rules for approval and inclusion into Maine's State Implementation Plan (SIP). 

The Department is now modifying that submittal as follows: 

1) Maine is withdrawing the "director discretion" provisions in Chapter 149, Sections 5.A.(8), 

5.A.(9)(a), 5.A.(9)(b) and Chapter 164 Sections 5.C.(2), 5.C.(3)(a), 5.C.(3)(b) from consideration 

as part of the SIP; and 

2) Maine is also withdrawing specific opacity language in Chapter 149, Sections 5.A.(15), 5.C.(7), 

5.E and Chapter 164 Sections 5.A.(10), 5.B.(3), 5.B.(4), 5.E, 5.F.(5) and 5.G.(4) from 

consideration as part of the SIP. 

Redacted versions of Chapters 149 and 164 are enclosed. 

In addition, the Department has prepared a Technical Support Document demonstrating that Maine's 

Chapter 149 and 164 General Permit Programs fully satisfy the minor new source review requirements 

established in 40 CFR 51.160 et seq., and Section 110(a)(2)(C) of the 1990 Clean Air Act Amendments. 

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

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

S incerely, 

IL 

Marc Allen Robert Cone, Director 

Bureau of Air Quality 

Enclosure 

Cc: Patricia Aho, Commissioner 

Ida McDonnell (electronic copy) 

Susan Lancey (electronic copy) 

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Technical Support Document 

Chapter 149 General Permit for Nonmetallic Mineral Processing Plants and Chapter 164 

General Permit Regulations for Concrete Batch Plants 

August 20, 2015 

Section 110(a)(2)(C) of the 1990 Clean Air Act Amendments (CAA) requires states to include in 

their State Implementation Plans (SIPs) permit programs that regulate the construction and 

modification of stationary sources adequate to ensure that the national ambient air quality 

standards (NAAQS) are achieved. The criteria the U.S, Environmental Protection Agency 

(EPA) uses to evaluate new source review (NSR) programs included in a SIP submittal are found 

at 40 CFR 51 Subpart I: Review of New Sources and Modifications. Since Maine's SIP 

submittal is only meant to satisfy the requirements of minor NSR, the Department has prepared a 

comparison of the Department's Chapter 149 and Chapter 164 General Permit requirements with 

subpart I, excluding 40 CFR 51.165 and 51.166, which relate to the permitting of new major 

sources and major modifications. 

Following is the Department's comparison of the federal regulatory requirements and the rules 

submitted by the State of Maine to comply with the applicable CAA requirements. 

1. 40 CFR 51.160 — Legally enforceable procedures 

(a) Requirement: 

Each plan must set forth legally enforceable procedures that enable the State or local agency to determine 

whether the construction or modification of a facility, building, structure or installation or combination of 

these will result in (1) a violation of applicable portions of the control strategy; or (2) interference with 

attainment or maintenance of a national standard in the state in which the proposed source (or 

modification) is located or in a neighboring state. 

Maine's Submittal: 

The Department's Chapter 115 Major and Minor Source Air Emission License Regulations require 

all applicants for new construction and modifications to existing sources to provide an 

assessment of the ambient air quality impact of the source, including the NAAQS, if the new 

source or modification exceeds certain thresholds. The Department's rules limit applicability to 

those sources for which it can be readily demonstrated that the maximum emission rates of all 

regulated and hazardous air pollutants will not violate any applicable requirements or interfere 

with attainment or maintenance of a NAAQS in Maine or a neighboring state. 

Maine's Chapter 149 General Permit Regulations for Nonmetallic Mineral Processing Plants and 

Chapter 164 General Permit Regulation for Concrete Batch Plants rules, provide that sources 

exceeding certain emissions thresholds or not meeting other program requirements are ineligible 

for a general permit. For example, section 1(A) of Chapter 149 states l : 

I Maine's Chapter 164 contains similar restrictions. 

1 
A. Exclusions. A source shall not be issued a CIN and shall instead obtain an air emission license 

under the authority of 06-096 CMR 115 if 

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

to control emissions from the crusher; 

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

regulation; 

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

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

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

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

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

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

misrepresentation; 

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

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

application was submitted; 

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

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

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

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

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

The Department's General Permit rules are applicable to only two source categories, and the 

following table provides an overview of the licensing status and PM emissions for these sources. 

For example, there are a total of 334 licensed nonmetallic mineral processing plants licensed in 

Maine, with 238 facilities licensed under the Department's Chapter 115 Major and minor Source 

Air Emission License Regulations, and 96 facilities licensed under the Chapter 149 General 

Permit rule. 

Table 1 

Licensed Sources and PM Emissions b Type of License 

Total Licensed Licensed Estimated PM Estimated PM 

Sources Under Under emissions emissions from 

(statewide) Chapter Chapter from all sources 

115 149 or 164 

General 

Permit 

sources 

(ton) 

Licensed under 

general permit 

programs 

Rules (tons 

Nonmetallic 334 238 96 30.06 8.64 

2 
Mineral 

Processing 

Plants (rock 

crushers) 

Concrete 

Batch Plants 

73 59 14 29.20 5.60 

It should be noted that the Department does not expect there will be a significant change in the 

number of sources that are using the general permit programs, since many owners and operators 

of eligible units have other permitted equipment (e.g., an asphalt batch plant) that must be 

permitted through the standard licensing process under the Department's Chapter 115. 

The Department analyzed its NEI 2011v2 data to assess the relative contribution of these sources 

to the statewide particulate matter inventory. As detailed in Table 2, statewide PM emissions in 

2011 totaled 69,370.64 tons (per year). 

Table 2 

Data 

Cat. 

Tons 

] 

1 

Tons 

i 

Tons Tons Tons 

Event E 432.48 366.84 799.32 

Area NP 43,409.44 36,121.82 14,337.56 7,066.36 57,7474 

NonRoad NR 1,068.14 1,000.73 2,068.87 

OnRoad ON 1,649.31 1,036.24 2,685.55 

Point P 3,399.10 2,485.86 2,670.80 1,761.94 6,069.0 

69,370.64 

Data Is from: https://eis.epa.gov/eis-system-web/reports/geographicAggregate/download.html 

Report type State/Tribe by Data Category 

Data Set 2011 NEI v2 

Pollutants PM 10-PRI, PM 10-FIL, PM2.5-FIL, PM2.5-PRI 

Geography ME 

Sectors Point, Nonpoint, Onroad, Nonroad, Event 

First, the Department used the greatest emissions from those sources required to report their 

emissions under the Department's Chapter 137 Emissions Statements rule 2 . This provided a very 

conservative estimate of the maximum emissions from these sources (only sources that are 

licensed to emit at or above a certain minimum reporting level must report their emissions. The 

Chapter 137 emission reporting requirements thus establish a de facto threshold between smaller 

and larger sources and provide a very conservative estimate of the actual emissions from these 

2 See Attachment A. The Department utilized the reported PM emissions from Dayton Sand and Gravel, 

0.09323127 tons, as a conservative estimate for rock crusher emissions. Concrete batch plant emissions were 

represented by FR Carroll, Inc., at 0465345 tons per year. 

3 
sources. Multiplying this proxy times the number of sources licensed under the Department's 

Chapter 115 and General Permit programs provides an estimated of the total PM emissions from 

these sources. PM emissions from all nonmetallic mineral processing plants account for a 

maximum of 0.0433% of the statewide PM emissions inventory, while PM emissions from all 

concrete batch plats accounts for a maximum of 0.0421% of total PM emission; the impacts from 

nonmetallic mineral processing plants and concrete batch plants are extremely small compared to 

all other sources. 

As previously noted, the Department does not expect significant growth in either of these source 

sectors. If a new (minor source) nonmetallic mineral processing plant or concrete batch plant is 

to be located in Maine, and the owner chooses to utilize the Department's Chapter 149 or 164 (as 

appropriate), particulate emissions (PM10 or PM2.5) will be limited to no more than 15 tons per 

year as a result of the fuel use limits in these rules. 3 In addition, a source applying for a license 

under these rules will be required to meet all applicable control requirements. For example, 

Chapter 149 establishes control requirements for nonmetallic mineral processing plants that 

include opacity limits for rock crushers and transfer points on belt conveyors, control equipment 

requirements for particulate control, fuel usage limitations for power plant engines, fuel sulfur 

content limits, particulate emission limits for larger (greater than 3.0 MMBtu/hr) power plant 

engines, visible emission limits for power plants engines, and prohibitions against using any 

engine as a dispatched load generator 45 . 

Prior to the adoption of Chapters 149 and 164, the Department did not have specific regulations 

or control requirements for rock crushers and concrete batch plants. Instead, control 

requirements for new and modified sources were established utilizing a case-by case BACT 

determination through the Department's Chapter 115 Major and Minor Source Air Emission 

License Regulations. With the adoption of the General Permit rules, these BACT requirements 

are now explicitly codified in the Department's regulation. Although we do not anticipate 

control technology improvements for these minor sources, Maine retains the authority to amend 

these rules in the event federal standards or requirements change, and is committing to 

expeditiously update these rules to ensure that all applicable requirements are met. 

(b) Requirement: 

Such procedures must include means by which the State or local agency responsible for final decisionmaking on the application for approval to construct or modify will prevent such construction or 

modification if (1) it will result in a violation of applicable portions of the control strategy; or (2) it will 

interfere with the attainment or maintenance of a national standard. 

Maine's Submittal: 

Maine's Chapter 149 and 164 rules (Section 1(F)(9) of each) both provide that a source shall not be issued 

a permit under the general permit program if: 

3The fuel use limits have been established to limit NOx emissions, which will be the first to trigger Chapter 137 

reporting requirements, below the 25 tpy reporting threshold. 

See sections 5(B) and 5(C) of Chapter 149. 

5 Chapter 164 establishes comparable control requirements in Section 5(B). 

4 
"(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." 

(c) Requirement: 

The procedures must provide for the submission, by the owner of operator of the building, facility, 

structure, or installation to be constructed or modified, of such information on (1) the nature and 

amounts of emissions to be emitted by it or emitted by associated mobile sources; (2) the location, 

design, construction, and operation of such facility, building, structure, or installation as may be 

necessary to permit the State or local agency to make the determination referred to in paragraph (a) 

of this section. 

Maine's Submittal: 

Maine's Chapter 149 and 164 rules both establish the general terms and conditions of applications for 

a general permit, including: 

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

(2) The age, type, and maximum processing rate; 

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

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

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

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

protocols and results of previously performed performance tests. 

(d) Requirement: 

The procedures must provide that approval of any construction or modification must not affect the 

responsibility on the owner or operator to comply with applicable portions of the control strategy. 

Maine's Submittal: 

Section 1(E) of both General Permit rules explicitly states that the regulation does not release a 

person form the responsibility of complying with other statues, laws, regulations or other 

requirements: 

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

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

CMR 144, National Emission Standards for Hazardous Air Pollutants. 

(e) Requirement: 

The procedures must identify types and sizes of facilities, buildings, structures, or installations which will 

be subject to review under this section. The plan must discuss the basis for determining which facilities 

will be subject to review. 

Maine's Submittal: 

Maine's Chapter 149 and 164 both contain applicability provisions that identify the types and size of 

facilities, buildings, structures, or installations that are covered under the respective rules. 

5 
For example, Section 1 of Chapter 149 states: 

1. Applicability 

B. This regulation applies statewide. 

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

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

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

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

115. 

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

major source. 

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

requirements including but not limited to 06-096 CMR 143, New Source Performance 

Standards and 06-096 CMR 144, National Emission Standards for Hazardous Air 

Pollutants. 

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

license under the authority of 06-096 CMR 115 if: 

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

used to control emissions from the crusher; 

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

regulation; 

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

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

5.0 MMBtu/hr; 

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

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

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

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

misrepresentation; 

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

application or the regulations of which the applicant had, or should have had 

knowledge at the time the application was submitted; 

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

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

6 
(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. 

Chapter 164 contains similar applicability provisions. 

ff) Requirement: 

The procedures must discuss the air quality data and the dispersion or other air quality modeling used 

to meet the requirements of this subpart. (1) All applications of air quality modeling involved in this 

subpart shall be based on the applicable models, data bases, and other requirements specified in 

appendix W of this part (Guidelines on Air Quality Models). (2) Where an air quality model 

specified in appendix W of this part (Guideline on Air Quality Models) is inappropriate, the model 

may be modified or another model substituted. Such a modification or substitution of a model may be 

made on a case-by-case basis or, where appropriate, on a generic basis for a specific State program. 

Written approval of the EPA must be obtained for any modification or substitution. In addition, use 

of a modified or substituted model must be subject to notice and opportunity for public comment 

under procedures set forth in 40 CFR 51.102. 

Maine's Submittal: 

The Department's Chapter 115 Major and Minor Source Air Emission License Regulations require 

every applicant to provide an affirmative demonstration that its emissions, in conjunction with all other 

sources, will not violate applicable ambient air quality standards, except that sources in nonattainment 

areas or which significantly impact a nonattainment area shall be required to demonstrate that the source's 

emissions are consistent with Reasonable Further Progress provisions of the State Implementation Plan. 

An applicant may use ambient air monitoring, modeling, or other assessment techniques as approved by 

the Department. New Source Review modeling required pursuant to subsection 7(C and D) of Chapter 

115 must be consistent with EPA regulations and guidelines or other requirements under the CAA. The 

analyses must include relevant emissions units at the source, as determined by the Department, 

meteorological and topographical data necessary to estimate such impacts, and shall consider the impact 

of fugitive emissions, to the extent quantifiable, secondary emissions, and emissions from other existing 

sources including increases in mobile and area source emissions impacting the same area. The level of 

analysis depends upon the size of the source, the regulated air pollutants emitted, existing air quality, 

proximity to Class I or nonattainment areas, or areas where increment has been substantially consumed. 

Chapter 115 (Section 7(C)(1))provides that a new Minor source or an existing Minor or Major source that 

previously was not required to submit an air quality impact analysis for an air emissions license, but is 

undergoing a Minor Modification shall submit an air quality impact analysis for those regulated pollutants 

that the Minor or Major source emits or has the potential to emit at levels equal to or greater than the 

following limits after the application of control technology': 

(a) 50 tons per year (tpy) for S02; 

(b) 250 tpy for CO; 

(c) 25 tpy for PM10; 

6 The level of the air quality impact analysis and air quality monitoring is determined by the Department on a caseby-case basis. 

7 
(d) 15 tpy for PM2.5 direct emissions; 

(e) 50 tpy for NOx(measured as NO2); 

(1) 0.6 tpy for Lead (Pb); or 

(g) 0.2 tpy of total Chromium. 

The Department's General Permit rules establish applicability thresholds that limit fuel use to no more 

than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, or equivalent natural gas/propane (combined) in a 

calendar year. This limit was chosen to ensure that emissions of all criteria pollutants remain under the 

following reporting thresholds as established by the Department's Chapter 137 Emission Statements rule: 

Criteria Air Pollutants Minimum Reporting Threshold 

(1) Carbon monoxide (CO) 

(2) Sulfur dioxide (SO2) 

(3) Volatile organic compounds (VOC) 

(4) Nitrogen oxides (NOx) (in NO2equivalents) 

(5) Fine Particulate Matter (PM 10) 

(6) Fine Particulate Matter (PM25) 

(7) Lead (Pb) 

(8) Ammonia (NH3 ) 

75 tpy 

40 tpy 

25 tpy 

25 tpy 

15 tpy 

15 tpy 

0.1 tpy 

50 tpy 

Since these thresholds are well below the modeling thresholds established by Section 7(C)(1) of Chapter 

115, it follows that an ambient air quality analysis is not required for sources licensed under the Chapter 

149 and 164 General Permit Programs. In the event the Department determines that it 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, the Department has the ability to require an operator to apply for and obtain an air emission license 

under 06-096 CMR 115 (and perform an ambient air quality analysis) before beginning the actual 

construction, modification, or operation of the source. 

2. 40 CFR 51.161 — Public availability of information 

Requirement: 

The legally enforceable procedures in 40 CFR 51.160 must also require the State or local agency to 

provide opportunity for public comment on information submitted by owners and operators. The 

public information must include the agency's analysis of the effect of construction or modification on 

ambient air quality, including the agency's proposed approval or disapproval. 

Maine's Submittal: 

The Department's Chapter 149 and Chapter 164 rules were posted to a 30-day public comment period 

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

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

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

Department of Environmental Protection adopted the amended rules. 

3. 40 CFR 51.162 — Identification of responsible agency 

8 
Requirement: 

Each plan must identify the State or local agency which will be responsible for meeting the 

requirements of this subpart in each area of the State. Where such responsibility rests with an agency 

other than an air pollution control agency, such agency will consult with the appropriate State or 

local air pollution control agency in carrying out the provisions of this subpart. 

Maine's Submittal: 

The Maine Department of Environmental Protection is the only CAA permitting authority in the State 

of Maine; we are not proposing to delegate this authority. 

4. 40 CFR 51.163 — Administrative procedures 

Requirement: 

The plan must include the administrative procedures, which will be followed in making the 

determination specified in paragraph (a) of 40 CFR 51.160. 

Maine's Submittal: 

Maine's Chapter 149 and Chapter 164 rules both contain the administrative procedures for acting 

upon, and making a decision when an application for a general permit is received. Section 3 of each 

rule details the terms and conditions for the general permit application, including the application 

form and any other additional information required by the Department. 

5. 40 CFR 51.164 — Stack height procedures 

Requirement: 

Such procedures must provide that the degree of emission limitation required of any source for 

control of any air pollutant must not be affected by so much of any source's stack height that exceeds 

good engineering practice or by any other dispersion technique, except as provided in 40 CFR 

51.118(b). Such procedures must provide that before a State issues a permit to a source based on a 

good engineering practice stack height that exceeds the height allowed by 40 CFR 51.100(ii)(1) or 

(2), the State must notify the public of the availability of the demonstration study and must provide 

opportunity for public hearing on it. This section does not require such procedures to restrict in any 

manner the actual stack height of any source. 

Maines's Submittal: 

Maine's Chapter 115 Major and Minor Source Air Emission License Regulations provide that the 

Department may require an air quality impact analysis for a minor source that has the potential to 

emit certain pollutants exceeding the thresholds established in Section 7(B)(3)of Chapter 115. Air 

quality impact analysis and air quality monitoring requirements will be determined by the 

Department on a case-by —case basis considering a number of factors, including Good Engineering 

Stack Height (see Section 7(C) of Chapter 115). As previously noted, both Chapter 149 and Chapter 

164 provide authority for the Department to require an operator to obtain a Chapter 115 air emission 

license, if appropriate. 

6. Enforceability of SIP Rules 

Requirement: 

Section 110(a)(2)(A) of the CAA requires SIP rules to be enforceable. 

9 
Maine's Submittal: 

The Department's ability to enforce rules is contained detailed in the following statues: 

1) 38 M.R.S. 347-A. Violations. 

1. General procedures. This subsection sets forth procedures for enforcement actions 

2. Hearings. 

3. Emergency orders. 

4. Administrative consent agreements. 

5. Enforcement. 

2) 38 MRSA § 347-C. Right of inspection and entry. 

3) 38 MRSA §348. Judicial Enforcement 

4) 38 MRSA §349. Penalties. 

Furthermore, the rule revisions do nothing to change Maine's existing authority or capability to continue 

as the State's minor NSR permitting authority. 

7. SIP Relaxation 

Requirement: 

Section 110(1) of the CAA states that the Administrator shall not approve any SIP revision that would 

interfere with any applicable requirement concerning attainment or incremental progress toward 

attainment of the NAAQS. 

Maine's Submittal: 

Since the Department's General Permit rules establish emission limitations and control requirements 

for the affected sources that are wholly consistent with those under the SIP-approved Chapter 115 

Major and Minor Source Air Emission License Regulations, these rules will not affect Maine's 

attainment status. 

10 
License # Site Name Unit SCC Process Pollutant 2011 Tons 

A-000112 STEELSTONE INDUSTRIES INC - HOULTON PORTABLE CONE CRUSHER 30502709 CRUSHED ROCK PM10-FIL 0.039875492 

A-000112 STEELSTONE INDUSTRIES INC - HOULTON PORTABLE JAW CRUSHER 30502709 CRUSHED ROCK PM10-FIL 0.045199595 

A-000187 HARRY C CROOKER & SONS INC-TOPSHAM PORTABLE CRUSHER 30502701 Crushed Stone PM10-FIL 0.025776 

A-000187 HARRY C CROOKER & SONS INC-TOPSHAM PRIMARY CRUSHER 30502701 Crushed Stone PM10-FIL 0.08287463 

A-000187 HARRY C CROOKER & SONS INC-TOPSHAM SECONDARY CRUSHER 30502705 Crushed Stone PM10-FIL 0.03913747 

A-000187 HARRY C CROOKER & SONS INC-TOPSHAM TERTIARY CRUSHER 30502709 Crushed Stone PM10-FIL 0.06352566 

A-000187 HARRY C CROOKER & SONS INC-TOPSHAM Pegson Crusher 30502709 007-1 PM10-FIL 0.0655 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON PORTABLE PRIMARY (800182) 30502701 CRUSHED ROCK PM10-FIL 0.009663839 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON PORTABLE SECONDARY (800373) 30502705 CRUSHED ROCK PM10-FIL 0.009663839 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON Portable PRIMARY ROCK CRUSHER (309105) 30502701 CRUSHED ROCK PM10-FIL 0.09653526 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON SECONDARY ROCK CRUSHER(309408) 30502705 CRUSHED ROCK PM10-FIL 0.09323127 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON TERTIARY ROCK CRUSHER(302565) 30502709 CRUSHED ROCK PM10-FIL 0.09323127 

A-000209 RFJ - MORIN BRICK LLC - AUBURN CRUSHER #2 30500302 MATERIAL PM10-FIL 0.027356202 

A-000209 RFJ - MORIN BRICK LLC - AUBURN CRUSHER #1 30500302 MATERIAL PM10-FIL 0.027356202 

A-000209 RFJ - MORIN BRICK LLC - AUBURN CRUSHER #3 30500302 MATERIAL PM10-FIL 0.00712195 

A-000478 F R CARROLL INC-LIMERICK RC #1 30502510 CRUSHER PM10-FIL 0.0095875 

A-000478 F R CARROLL INC-LIMERICK RC #2 30502510 CRUSHER PM10-FIL 0.0095875 

A-000478 F R CARROLL INC-LIMERICK RC #3 30502510 CRUSHER PM10-FIL 0.0095875 

A-000478 F R CARROLL INC-LIMERICK RC #4 30502510 CRUSHER PM10-FIL 0.0095875 

A-000533 PIKE INDUSTRIES - PROSPECT PRIMARY NORDBERG (LOCOTRACK) C647-1 30502701 CRUSHER PM10-PRI 0.036688678 

A-000533 PIKE INDUSTRIES - PROSPECT PRIMARY NORDBERG (LOCOTRACK) C647-1 30502701 CRUSHER PM25-PRI 0.0067942 

A-000533 PIKE INDUSTRIES - PROSPECT SECONDARY TELSMITH CONE (C647-2) 30502705 CRUSHER PM10-PRI 0.036688678 

A-000533 PIKE INDUSTRIES - PROSPECT SECONDARY TELSMITH CONE (C647-2) 30502705 CRUSHER PM25-PRI 0.0067942 

A-000533 PIKE INDUSTRIES - PROSPECT TERTIARY TELSMITH CONE (C647-2) 30502709 CRUSHER PM10-PRI 0.036688678 

A-000533 PIKE INDUSTRIES - PROSPECT TERTIARY TELSMITH CONE (C647-2) 30502709 CRUSHER PM25-PRI 0.0067942 

A-000112 STEELSTONE INDUSTRIES INC - HOULTON CONCRETE BATCH PLANT #1 30501101 CONCRETE BATCHING PM10-FIL 0.000385308 

A-000190 DAYTON SAND & GRAVEL COMPANY INC-DAYTON CONCRETE BATCH PLANT 30501101 CONCRETE PM10-FIL 0.32890123 

A-000478 F R CARROLL INC-LIMERICK CONCRETE BATCH PLANT 30501101 CONCRETE BATCH PLANT PM10-FIL 0.465345 

ATTACMENT A TO TECHNICAL SUPPORT DOCUMENT 
06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 149: GENERAL PERMIT REGULATION FOR NONMETALLIC MINERAL 

PROCESSING PLANTS 

SUMMARY: This General Permit regulates stationary and portable nonmetallic 

mineral processing plants that are subject to Federal New Source Performance 

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

nonmetallic mineral processing plants may obtain specific regulatory coverage 

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

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

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

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

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

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

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

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

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

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

operation of the source. 

1. Applicability 

A. This regulation applies statewide. 

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

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

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

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

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

source. 

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

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

CMR 144, National Emission Standards for Hazardous Air Pollutants. 

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

under the authority of 06-096 CMR 115 if: 

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

to control emissions from the crusher; 

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

regulation; 

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

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

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

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

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

misrepresentation; 

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

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

application was submitted; 

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

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

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

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

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

2. Definitions 

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

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

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

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

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

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

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

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

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

source. 

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

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

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

the Owner. 

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

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

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

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

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

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

on an average of the five 6-minute averages. 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

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

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

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

calculating the consecutive time period. 

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

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

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

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

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

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

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

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

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

force for the purpose of transporting the unit. 

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

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

power hydraulic drives. 

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

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

roll, rod mill, hammermill, and impactor. 

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

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

safety standard operating procedures for that facility. 

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

meet the definition of "Portable Plant." 

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

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

3. General Terms and Conditions of Applications 

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

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

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

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

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

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

same. 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

B. Required CIN Application Form and Additional Information. The application for a CIN 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 age, type, and maximum processing rate of the crusher to be issued a CIN; 

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

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

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

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

protocols, and results of previously performed performance tests; 

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

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

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

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

permanently affixed) with one of the following: 

(1) The current CIN number, or 

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

and which can easily be cross referenced. 

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

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

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

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

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

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

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

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

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

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

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

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

separately from the CIN application form; 

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

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

terms and conditions set forth in this chapter; 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

possibility of fine and imprisonment." 

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

paragraph above in addition to the following certification: 

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

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

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

regulations." 

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

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

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

CIN or NOITC. 

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

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

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

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

0017. 

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

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

source. 

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

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

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

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 in the determination of the control technology 

requirements. 

4. General Permit Conditions for Owners 

A. General Conditions 

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

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

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

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

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

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

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

as all written safety standard operating procedures for that facility. 

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

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

sufficient grounds for revocation of the CIN. 

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

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

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

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

115 shall not stay any condition of this general permit. 

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

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

the conditions of the general permit. 

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

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

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

70 license requirement. 

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

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

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

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

Department may reasonably require to determine compliance status. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

equipment. 

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

performance test. 

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

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

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

5. General Permit Conditions for Operators 

A. General Conditions 

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

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

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

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

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

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

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

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

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

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

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

of the program to the Department upon request. 

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

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

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

practice for minimizing emissions. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

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

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

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

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

stay any condition of this general permit. 

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

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

the conditions of the general permit. 

( 8 ) In accordance with the De9artment's air emission corn @fiance test protocol and 40 CFR Part 

60 the operator shall: 

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

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

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

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

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

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

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

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

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

allow emission testing; and 

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

completion. 

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

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

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

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

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

emission com liance test protocol and 40 CFR Part 60 

(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 re s resentative 

rocess and os eratin conditions, 

and 

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

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

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

normal and representative process and operating conditions. 

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

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

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

70 license requirement. 

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

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

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

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

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

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

(I 2)Upon written request from the Department, the operator shall establish and maintain such 

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

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

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

Department may reasonably require to determine compliance status. 

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

employees upon request. 

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

of this general permit. 

B. Rock Crushers 

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

minute block average basis. 

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

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

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

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

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

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

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

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

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

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

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

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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

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

C. Power Plant Engines 

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

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

rule. 

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

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

exceed 0.12 lb/MMBtu of particulate emissions. 

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

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

equivalent amount of natural gas/propane combined. 

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

and provide such records to the Department upon request. 

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

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

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

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

manufacturer. 

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

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

that the high backpressure limit is approached. 

D. Equipment Relocation 

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

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

Department's on-line e-notice at: 

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

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

be sent to the address below. 

Attn: Relocation Notice 

Maine DEP 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Bureau of Air Quality 

17 State House Station 

Augusta, ME 04333-0017 

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

to the relocated equipment. 

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

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

the respective county commissioners. 

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

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

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

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

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

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

AUTHORITY: 38 M.R.S.A., §585-A 

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

Amended: April 27, 2014 

BASIS STATEMENT 

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

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

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

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

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

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

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

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

crushers are in compliance with state and federal regulations. 

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

to comments received during the public comment period. 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BASIS STATEMENT FOR AMENDMENT OF APRIL 2014 

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

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

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

comments received during the public comment period 

Chapter 149: General Permit for Nonmetallic Mineral Processing Plants 

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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 defined 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 Performance 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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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 definition 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. 

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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, carrying handles, dolly, trailer, or platform. This definition 

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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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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(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 

paragraph above, in addition to the following certification: 

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

with the terms and conditions of 06-096 CMR 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 perfonning 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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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. 

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. 

(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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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 

(1) 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 De artment's air emission com fiance test protocol and 40 CFR 

Part 60 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 De ailment's air emission corn iliance test trotocol and 40 CFR Part 

60 

(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 o erating condition 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

; 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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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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. 

(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. 

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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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