STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION 041101144

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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, 

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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:

3 The 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 NO x (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 NO 2 equivalents) (5) Fine Particulate Matter (PM 10 ) (6) Fine Particulate Matter (PM25) (7) Lead (Pb) (8) Ammonia (NH 3 ) 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.

10License # 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 DOCUMENT06-96 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; Chapter 149: General Permit for Nomnetallic Mineral Processing Plants - 1 -06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(5) The aggregate of all stationary fuel burning equipment at a facility, under control of the Operator, may fire more than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, or equivalent natural gas/propane (combined) in a calendar year; (6) The Department has reasonable cause to believe that the application contains fraud or misrepresentation; (7) The person applying for the CIN failed to disclose a material fact required by the application or the regulations of which the applicant had, or should have had knowledge at the time the application was submitted; (8) The Owner/Operator owes any past due fees or civil penalties to the Department from previous air related licenses, permits, or consent agreements; or (9) The Department has reasonable cause to believe that emissions from the proposed, modified, or relocated source will violate the control strategy or interfere with attainment or maintenance of a national standard in Maine or in a neighboring state. 2. Definitions The following terms, as used in this Chapter, have the following meanings: A. Authorized Official. "Authorized Official" means any duly authorized person given permission by an owner or operator to conduct business with the Department on their behalf. B. Facility. "Facility" means the aggregate of all the non-temporary pollutant-emitting activities which are located on one or more contiguous or adjacent properties and are under the control of the same person (or persons under common control). A Facility may include multiple rock crushers and/or power plant engines as well as equipment such as asphalt plants. C. Nonmetallic Mineral Processing Plant (NMMPP). "Nonmetallic Mineral Processing Plant (NMMPP)" means a rock crusher with or without a stationary engine functioning as a power source. D. Operator. "Operator" means any person who has direct control or supervision over a regulated source (rock crusher and/or power plant engine) and who has registered agreement to operate such equipment in accordance with the conditions of this regulation. The Operator may also be the Owner. E. Owner. "Owner" means any person who legally owns a regulated source (rock crusher and/or power plant engine) and who receives a Crusher Identification Number for that regulated source under the terms of this regulation. The Owner may also be the Operator. F. Performance Test. "Performance Test" means a certified visible emissions observation performed per EPA Method 9. The duration of the Method 9 observation shall be 30 minutes (five 6-minute averages). Compliance with the applicable fugitive emission limits shall be based on an average of the five 6-minute averages.

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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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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 - 4 -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 - 5 -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 - 6 -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.
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(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 - 8 -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.
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(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 - 10 -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.

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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

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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;

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(4) The owner or operator owes any past due fees or civil penalties to the Department from previous air related licenses, permits or consent agreements; (5) The power plant engine has a maximum heat input equal to or greater than 5.0 MMBtu/hr or 700 hp; (6) The power plant engine cannot meet the 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.

Chapter 164: General Permit for Concrete Batch Plants

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B. Required General Permit (GP) Application Form and Additional Information. The application for a GP shall include an application form prescribed by the Department and any other additional information required by the Department, unless otherwise specified by this Chapter. The applicant may not omit information needed to determine the applicability of this rule. The application form and the additional required information shall include, but is not limited to, the following elements: (1) Identifying information, including contact information for the Owner; (2) The manufacturer, model, date(s) of manufacture and installation and maximum processing rate of the Concrete Batch Plant, whether the Concrete Batch Plant isportable, information on the source of the power supply, and any other equipment onsite; (3) A unique identifier, such as a serial number associated with the GPN; (4) Any other information that may be necessary to implement and enforce any federal or state air emissions control requirements applicable to the source; (5) If required by the Department, proposed monitoring, testing, record keeping and reporting protocols, and results of previously performed performance tests; and (6) A certification statement as set forth in Section 3(F). C. Equipment Identification Label. The Department will assign a unique General Permit Number (GPN) to each Concrete Batch Plant for which an application has been submitted. The Concrete Batch Plant unit associated with the GPN shall be clearly marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the following: (1) The current GPN number; or (2) A serial number or other unique equipment number that is also listed in the GPN application and which can easily be cross referenced. D. Notice of Intent to Comply. The operator shall submit, on a form designated by the Department, a Notice of Intent to Comply (NOITC). The NOITC shall be submitted to the Department at least two business days prior to commencing operation of the equipment. A copy of the NOITC shall also be sent to the municipality where the equipment will be relocated, except in the case of an unorganized territory where notification will be made to the respective county commissioners. Once the NOITC is submitted, the operator is bound by the conditions of this regulation and shall comply with all applicable conditions until such time as the operator informs the Department, in writing, that they no longer intend to operate the listed equipment or the owner or operator applies for and obtains an air emission license pursuant to 06-096 CMR 115. E. Required NOITC Information. The NOITC shall be in a form prescribed by the Department. The NOITC information shall include, but is not limited to, the following elements: Chapter 164: General Permit for Concrete Batch Plants - 4 -06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(1) The GPN or manufacturer's serial number that is permanently marked on the unit if the NOITC is submitted separately from the GP application form; (2) Identifying information, including the CBP location along with contact information for the operator and plant operator responsible for the unit; (3) A statement that the operator intends to comply with and operate the listed equipment according to the terms and conditions set forth in this chapter; (4) Any other information that may be necessary to implement and enforce all requirements applicable to the source pursuant to federal or state air emission control regulations; and (5) A compliance certification statement as set forth in Subsection 3 (F). F. Certification. All General Permit applications and NOITC certification forms submitted to the Department in accordance with this chapter shall contain a certification of truth, accuracy, and completeness with the signature and printed name of either the responsible official pursuant to 06-096 CMR 100, Definitions, or an authorized official, as defined in this chapter. Signatures of authorized officials must be accompanied with a signed statement from the responsible official giving them the authority to sign on their behalf. The signatory sheet for the owner shall make the following certification: "I certify under penalty of law that I have personally examined the information submitted in the document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. I am aware there are significant civil and criminal penalties for submitting false information, including the possibility of fine and imprisonment." The signatory sheet for the operator (NOITC form) shall include the certification in the 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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general permit shall be deactivated if the permit fee is not paid within 60 days of the annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator must reapply for and obtain a new general permit before resuming operation of the CBP and associated equipment. I. Application Submittal. An application for a GP shall be filed with the Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. J. Source obligation. Neither a GP nor submittal of an NOITC shall relieve any owner or operator of a source from the responsibility to comply fully with any other requirements applicable to the source. K. Public access to information and confidentiality. All information and data submitted to the Department shall be subject to the provisions of the Freedom of Access Law, Title 1 MRSA §401 et seq., as amended. Documents which the applicant believes may not be subject to disclosure under the Freedom of Access Law should be clearly marked as "claimed confidential" at the time of submission. Such a claim of confidentiality does not itself protect the documents from disclosure, but alerts the Department to the applicant's position that the documents may not be subject to disclosure. Public records include, but are not limited to, the following: (1) Information concerning the nature and extent of the emissions of any regulated pollutant by a source; and (2) Information submitted by the source with respect to the economic, environmental and energy impacts of various control options used in determiningcontrol technology requirements. 4. Concrete Batch Plant General Permit Requirements for Owners A. Employees and authorized representatives of the Department shall be allowed safe access to the owner's business premises during business hours, or any time during which any emissions units are in operation, and at such other times as the Department deems necessary for the purpose of performing tests, collecting samples, conducting inspections, or examining and copying records relating to emissions (Title 38 MRSA §347-C). Prior to entrance to the owner's property, the Department shall notify the owner and the plant operator, or designee, who shall provide safe access that complies with safety requirements of all local, state, and federal regulating authorities as well as all written safety standard operating procedures for that facility.
B. The owner shall pay the annual air emissions general permit fee to the Department, pursuant to Title 38 M.R.S.A §353-A, 10. Failure to pay this annual fee within the stated timeframe is sufficient grounds for revocation of the GP. C. The General Permit does not convey any property rights of any sort, or any exclusive privilege.
D. The owner shall comply with all applicable terms and conditions of this general permit. The filing of an appeal, the notification of planned changes or anticipated noncompliance,

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or the filing of an application for an air emission license issued under the authority of 06- 096 CMR 115 shall not stay any condition of this general permit.
E. The owner shall not use as a defense in an enforcement action that the disruption, cessation, or reduction of operations would have been necessary in order to maintain compliance with the conditions of the general permit. Notwithstanding any other provisions in the State Implementation Plan approved by the EPA or Section 114(a) of the CAA, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any statute or regulation.
F. Upon written request from the Department, the owner shall establish and maintain records, make reports, install, use and maintain monitoring equipment, sample emissions (in accordance with methods, at locations, at intervals, and in such a manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine compliance status. 5. Concrete Batch Plant General Permit Requirements for Operators A. General Conditions. (1) Employees and authorized representatives of the Department shall be allowed safe access to the business premises during business hours, any time during which any emissions units are in operation, and at such other times as the Department deems necessary for the purpose of 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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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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(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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; 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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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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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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