06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 140

: PART 70 AIREMISSION LICENSE REGULATIONS

SUMMARY: This regulation identifies the sources ofair emissions that require a Part 70 air emission license and incorporates the requirements of Title IV and Title V of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq. ; and 38 MRSA, Section 344 and Section 590. This Chapter supersedes Chapter 2 ofthe Department's Regulations, where applicable. It contains extensive information on a wide variety of variables in the licensing process as specified in the following sections: Section 1 . Applicability (p1) Section 2. General Terms and Conditions ofApplications and Licenses (p3) Section 3. Renewal ofa Part 70 License and Initial Part 70License for Existing

Sources (p16) Section 4. Part 70 Acid Rain Sources (p28) Section 5. New

Source Review(NSR) for Part 70 Sources (p29) Section 6 HAP Emission Limitations (p29) Section 7. Part 70Administrative Revisions (p34) Section 8. Part 70 Section 502(b)(10) Change (p35) Section 9. Part 70 Minor License Modification (p36) Section 10. Part 70 Significant License Modification (p39) Section 11 . Intrafacility Emissions Trading (p41) Section 12. Part 70 License Transfer (p43) Section 13. Part 70 General License (p45) Section 14. Ambient AirQuality Analysis (p46) NOTE: Please see Chapter 100ofthe Department's Regulations for definitions . 1. Scope and Applicability A. Geographic scope. This regulation shall be effective in all ambient air qualitycontrol regions in the State. B . General Requirement . A Part 70 license is required for all major sources. Once a source requires an air emission license, all emissions units which emit regulated pollutants at the source must be included except those insignificant activities listed in Appendix B of this Chapter. At such time that a particular source or modification becomes a major source or major modification solely by virtue ofa relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Chapter 115(4)(A) Major Modification or Major Source shall apply to the source or modification as though construction had not yet commenced onthe source or modification. C . Part 70 license is required for the following: (1) Any Part 70major source;

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(2) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 (Standards ofPerformance for New Stationary Sources) ofthe CAA ; (3) Any source, including a HAP area source, subject to a standard or other requirement under Section 112 (Hazardous Air Pollutants) ofthe CAA ; (4) Any source required to have a license under Part C (Prevention of Significant Deterioration ofAir Quality) and Part D (Plan Requirements for Federal Nonattainment Areas) ofTitle I of the CAA; (5) Any CAATitle IV source (Acid Rain) ; and (6) Any source in a source category designated by EPApursuant to 40CFR Part 70.3(a) . D . Exemptions (1) All sources listed in Subsection 1(C) ofthis Chapterthat are not Part 70 major sources, Title IV sources, or solid waste incineration units required to obtain a license pursuant to Section 129(e) ofthe CAA are exempted by the Department fromthe obligation to obtain a Part 70 license until such time as EPAcompletes a rulemaking to determine how the programshould be structured for nonmajor sources; (2) In the case of nonmajor sources subject to a standard or other requirement under either Section 111 (Standards of Performance for New Stationary Sources) or Section 112 (Hazardous Air Pollutants) ofthe CAApromulgated after July 21, 1992, EPAwill determine whether to exempt any or all such sources fromthe requirement to obtaina Part 70license at the time that the new

standard is promulgated; (3) Unless otherwise required by the Department to obtain a Part 70 license, the following sources are exempted fromthe obligation to obtain a Part 70license: (a) All sources that would be required to obtain a Part 70 license solely because they are subject to Part 60, Subpart AAA- Standards of Performance for New Residential Wood Heaters; (b) All sources that would be required to obtain a Part 70 license solely, because they are subject to Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants forAsbestos, Section 61 .145, Standard for Demolition and Renovation; and (c) Any source that is licensed under Chapter 115 that would otherwise be subject to this Chapter, but received federally enforceable license conditions to retain a minor source status as allowed by 40CFRPart 70 . (4) Any source listed inthis subsection that is exempted from the requirement to obtain a Part 70 license may opt to apply for a Part 70license under this Chapter. NOTE: A source exempt fromChapter 140 may be subject to the requirements ofobtaining an air emission license under Chapter 115 ofthe Department Regulations. Chapter 140: Part 70Air Emission License Regulations -2-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

2. General Terms and Conditions ofApplications and Licenses A . Projects requiring multiple application submittals underthis Chapter. If a Part 70 source is applying simultaneously for the renewal of a Part 70 license and/or amendments under more than one section ofthis Chapter, the source may submit one application covering all required information for each relevant section. B . Required application formand additional information. The application shall include an application formprescribed by the Department and additional information required by the Department, unless otherwise specified by this Chapter. The application may not omit information needed to determine the applicability of, or to impose, any Applicable or state requirement, or to evaluate the fee amount . An application for a license modification need supply only that information related to the proposed amendment . The application formand the additional required information shall include, but is not limited to, the following elements: (1) Identifying information, including company name and address (or plant name and address if different fromthe company name), owner's name and agent, responsible official's name, and telephone number and names of plant site manager/contact; (2) Identification and description ofthe source's processes and products by Standard Industrial Classification (SIC) Code and North American Industry Classification System (NAICS) Code, including any processes or products associated with each alternative operating scenario identified bythe applicant ; (3) Any insignificant activities that must be listed in the application as specified in Appendix B ofthis Chapter; (4) The following emissions related information for units and activities that are not insignificant as specified inAppendix Bofthis Chapter: (a) All emissions ofair pollutants for which the Part 70 source is defined as a Part 70major source and all emissions of regulated pollutants; (b) Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate Part 70license fees; (c) Identification and description ofall points of emissions described in (a) and (b) above in sufficient detail to establish applicability of requirements ofthe CAAand the state; (d) Emission rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable EPA standard reference test method and compliance consistent with the applicable emission limit; (e) The following information to the extent it is needed to determine or regulate emissions: fuel types, fuel use, raw materials, production rates, and operating schedules; Chapter 140

: Part 70Air Emission License Regulations

-3-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (f) Identification and description of air pollution control equipment and compliance monitoring devices or activities; (g) Limitations on source operation affecting emissions, or any work practice standards, where applicable, for all regulated pollutants at the Part 70source; (h) Other information required by any Applicable requirement or state requirement. (i) Calculations used as the basis for emissions-related information; (j) Fugitive emissions from a Part 70 source shall be included in the Part 70 license application in the same manner as stack emissions, regardless of whether the source category in question is included in the list ofsources contained in the definition of Part 70major source. (5) The following air pollution control requirements: (a) Citation and description ofall Applicable requirements; (b) Citation and description ofall state requirements; and (c) Description of or reference to any applicable test method for determining compliance with eachApplicable requirement and staterequirement; (6) Other specific information that may be necessary to implement and enforce other Applicable requirements ofthe CAA, this Chapter or state requirements or to determine the applicability ofsuch requirements. (7) An explanation of any proposed exemptions fromotherwise Applicable requirements and staterequirements; (8) Additional information as determined tobenecessary by the Department to define alternative operating scenarios identified by the applicant or to define terms and conditions in the Part 70 license allowing intrafacility emission trading which are under the allowable emissions in the Part 70 license; (9) Adescription of the source category or categories which are applicable to the source, HAP emission unit(s) requiring HAP emission limitations, and whether the HAP emission unit(s) require a MACT emission limitation for anexistingor new Part 70 HAPsource; (10) If required by the Department, proposed monitoring, modeling, testing, record keeping and reporting protocols, the results of previously performed in-stack monitoring, and results of previously performed stack testing. This information shall not be used in the completeness determination ofthe application. (11) Acompliance plan that includes the following information: (a) A description of the compliance status of the Part 70 source with respect to all Applicable requirements and state requirements; Chapter 140

: Part 70Air Emission License Regulations

-4-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (b) A statement that the Part 70 source will continue to comply with any Applicable requirements and state requirements withwhich it is incompliance; (c) A statement that the Part 70 source will meet on a timely basis any Applicable requirements and state requirements that will become effective during the Part 70 license period, unless a more detailed schedule is expressly required by the Applicable requirement ; (d) For Part 70 sources out ofcompliance at thetime of issuance ofthe Part 70license: (i) Anarrative description of how the Part 70 source will achieve compliance with all Applicablerequirements and state requirements; and (ii) A compliance schedule for achieving compliance that shall include remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any Applicable requirements and state requirements for which the Part 70 source will be in noncompliance at the time of the Part 70 license issuance. The compliance schedule shall resemble and be at least as stringent as that contained in anyjudicial consent decree or administrative order to which the Part 70 source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the Applicable requirements and state requirements on which it is based; and (e) For Part 70 sources required to have a schedule of compliance to remedy a violation, a schedule for submission ofcertified progress reports to be submitted at least once every six (6) months fromthe date of issuance ofthe Part 70license; (12) Acompliance certification that includes the following information: (a) Acertification ofcompliance with all Applicable requirements and state requirements by a responsible official consistent with Section 2(C) ofthis Chapter and Section 114(a)(3) ofthe CAA

; (b) A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods; (c) A schedule for submission ofcompliance certifications during the Part 70 license term, to be submitted at least once every twelve (12) months fromthe date of issuance ofthe Part 70 license, or more frequently if specified by the Department or an underlying Applicable requirement ; (d) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements ofthe CAA; and (e) Such other facts or information that the Department may require to determine the compliance status ofthe Part 70source; Chapter 140: Part 70Air Emission License Regulations -5-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(13) Results of meteorologyorair quality monitoring if required by the Department, includingan analysis of meteorological and topographical data necessary to evaluate the air quality impact pursuant to Section 14ofthis Chapter. The information required pursuant to Section 14 of this Chapter shall not be used in the completeness determination of the application, unless the information is required as part ofa New Source Review

application; and (14) If any regulated pollutant froman existing source has or will have a significant impact, a description ofthe factors used in the ambient air quality impact analysis pursuant to Section 14 of this Chapter. The information required pursuant to Section 14 of this Chapter shall not be used in the completeness determination ofthe application, unless the information is required as part ofa New Source Review

application. C . Certification by Responsible Official . All application forms, reports, and compliance certifications submitted to the Department shall containa certification oftruth, accuracy and completeness with the signature and printed name of the responsible official (see Chapter 100 of the Department's Regulations) . The signatory sheet shall make the following certification: "I certify under penalty of lawthat, based on information and belief formed after reasonable inquiry, I believe the information included in the attached document is true, complete, and accurate." Upon becoming aware that he or she submitted incorrect information or failed to submit relevant facts, the responsible official must provide the Department with the supplementary facts or corrected information. D . Public Notice of Intent to File (1) Any applicant for a renewal of a Part 70 license, an initial Part 70 license, or a Part 70 license transfer must publish within thirty (30) days prior to filing an application a public notice of Intent to File at the applicant's expense. This notice shall be published once in the public notice section ofa newspaper of general circulation in the region in which the source would be located. In addition, a copy of the application shall be made available at the municipal office ofthe municipality(ies) where the source is located. A copy ofthe notice fromthe paper must be submitted with the application. Applications for administrative revisions, Section 502(b)(10) changes, Part 70 Minor License Modifications and Part 70 Significant License Modifications do not require publication ofa public notice. The public notice ofIntent to File must include the following information: (a) Name, address and telephone number ofthe applicant; (b) Citation ofthe statutes or rules underwhichthe application is being processed; (c) Location ofthe proposed action; (d) Summary ofthe proposed action; (e) Anticipated date for filing the applicationwith the Department;

Chapter 140

: Part 70Air Emission License Regulations

-6-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (f) A statement that requests for the Board of Environmental Protection to assume jurisdiction over the application or requests for a public hearing on the application must be submitted to the Department in writing no later than twenty (20) days after the application is accepted as complete for processing. The statement shall include the name, address and phone number ofthe Department contact person; (g) Astatement providing the local filing location where the application can be examined; (h) A statement that public comments on the application and requests for public hearing and/or the Board to assumejurisdiction may be provided to the Department, together withthe mailing address ofthe Department; and (i) Anyother information required by rule or law . NOTE: Apublic notice of Intent to File formis available from the Department. (2) An applicant must publish a public notice of Intent to File for a resubmitted application that was originally returned and deemed incomplete by the Department. (3) After an application has been filed, ifthe Department determines that the applicant submits significant new

or additional informationor substantially modifies its application at any time after acceptance ofthe application as complete, the applicant shall provide additional notice to interested persons who have commented on that application. The Department may also require additional public notice. The Department may also require additional public notice and may extend the time to submit requests for a public hearing or for the Board to assume jurisdiction. E. Application acceptability and completeness (1) General . Within fifteen (15) working days of receipt of any application, the Department shall determine the completeness ofan application and shall notify the applicant inwritingof the official date on which the application was accepted as complete for processing; or return the application with the reasons why the application was not accepted as complete. If the Department does not mail notice to the applicant of acceptance or rejection ofthe application within fifteen (15) working days, the application shall be deemed accepted as complete for processing on the 16thday. (2) Criteria for completeness. An application shall be deemed complete when all of the relevant information and other data required by the Department to evaluate the application and to allowthe Department to begin processing the application are submitted. In addition, for completeness determination the certification by the Responsible Official and a copy of the public notice ofIntent to File must be included as part ofthe application submittal . F. Application submittal . Applications must be filed with the Bureau of Air Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017.

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G . Authority to requestadditional information. The Department's determination that an application is accepted as complete for processing is not a reviewof the sufficiency of that information, and does not preclude the Department from requesting additional information. Additional information needed to process the application may be requested in writing by the Department and shall be provided by the applicant within the deadline specified by the Department. If the applicant fails to submit the requested information by the deadline specified or as otherwise agreed in writing by the Department, the Department may deny the license. Thirty (30) days prior to having the license denied, the Department shall provide written notice to the applicant including a list ofthe required information which must be submitted by the specified date in order to prevent the denial . Aperson may reapply at any time after the license is denied. The reapplication shall meet all requirements ofa complete initial license application, including any required license fee. The applicant must provide additional information as necessary to address any requirement that becomes applicable to the Part 70 source after the date the source filed a complete application, but prior to release ofthe Part 70 draft license. H . Procedures for timely license processing and license denials (1) The requirements of Title 38 MRSA §344 shall governthe processing ofapplications under this Chapter. In no case shall the processing times be longer than 18 months fromthe date the renewal application is deemed complete. (2) Upon the denial of any license, the Department shall provide the applicant a written statement withthe grounds ofthe denial . 1. Permit Shield (1) Except as provided in this Chapter, the Department shall include in the Part 70 license a provision stating that compliance with the conditions of the Part 70 license shall be deemed in compliance with any Applicable requirements and state requirements as of the date of license issuance, provided that: (a) SuchApplicable and state requirements are included and are specifically identified inthe Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or (b) The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, andthe Part 70license includes the determination ora concise summary, thereof. (2) Nothing inthis sectionor any Part 70 license shall alter or effect the following: (a) The provisions ofSection 303 ofthe CAA (emergency orders), including the authority of EPA under Section 303; Chapter 140: Part 70Air Emission License Regulations -8-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (b) The liability of an owner or operator of a source for any violation of Applicable requirements prior to or at the time of permit issuance; or (c) The ability of EPAto obtain information froma source pursuant to Section 114 of the CAA . J . Operational Flexibility The followingchanges are allowed without requiring a license amendment : (1) Changes that must be addressed by the Part 70 license, are not Title I modifications or a modification or reconstruction under any provision of Section 111, or 112 ofthe CAA, do not exceed the emissions allowable under the Part 70 license. These changes may include the following: (a) Intrafacility emissiontrading, as specified in this Chapter; (b) Alternative operating scenarios which are specifically identified inthe Part 70 license; or (c) Operational flexibility provided for in the Part 70license language. (2) Off-License Changes. Off-license changes that are not addressed or prohibited inthe Part 70 license, shall meet all Applicable requirements, shall not violate any existing permit termor condition, and are the following: (a) A change at Part 70 source for which the applicant has received written Departmental approval that the change does not require a license amendment. The licensee shall keep a record describing the changes made under this section. Department approved changes are not eligible for the permit shield; (b) The modification of an insignificant activity that can still be qualified as such after the modification; or (c) A modification that has undergone the NSR requirements or Chapter 115. The source must then apply for an amendment to the Part 70 license withinone yearofcommencing operations as provided in 40CFRPart 70.5. K . Public and Affected States Draft Notification. Except for Part 70 Administrative Revisions, Part 70 Minor License Modification, Part 70 License Transfers and Section 502(b)(10) Changes, a public comment period shall be held on the Part 70 draft licenseor draft amendment, as follows: (1) The applicant shall provide a copy of the Part 70 draft license or draft amendment and the application for Part 70 license, including any supporting documentation and any subsequent amendments to the application, to the municipal clerk ofthe municipality where the source is located, or, if the project is in an unorganized area, to the county commissioners. This material shall also be available at the Department's Augusta office. This material must be on file for public comment for thirty (30) calendar days.

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(5) (2) The applicant shall provide a copy of the Part 70 draft license to the affected states on or beforethe datethat the Draft Availability notice is published. (3) Draft Availability Notice. The notice of Draft Availability shall be published by the applicant or at the applicant's expense, once in the public notice section of a newspaper of general circulation in the region in which the source would be located. The Draft Availability notice shall include: (a) the name, address and telephone number ofthe applicant; (b) a citation ofthe statutes or rules under whichthe application is being processed; (c) the location ofthe proposed action; (d) a summary of the proposed action including the emissions change involved in any proposed license modification; (e) a statement of the availability of the application and supporting documents and the Department's preliminary determination inthe form ofa Part 70 draft license; (f) (g) a statement ofthe public's right to provide written public comment or to request a public hearing, with the mailing address ofthe Department; and shall also include: the date, place and time a public meeting may be held, if requested within 15 calendar days from

the date upon which the notice is published. The date the public meeting is scheduled shall be no sooner than 30 days after the date the notice is published. NOTE: A Draft Availability Notice formis available from the Department. (4) The applicant shall mail a copy ofthe notice to all persons on a mailing list developed bythe Department who requested to be notified about license actions at the licensed facility and by any other means the Department finds necessary to assure adequate noticeto the public. For any Department action subject to this subsection, any person may request the Department in writing to hold a public meeting. The written request shall state the natureofthe issues to be raised at a public meeting. Ifthe Department's Augusta office receives a written request for a public meeting within fifteen (15) calendar days fromthe date upon whichthe notice is published which raises a material issue, a public meeting will be held on thedate and time as scheduled in the public notice. Whenever the Department holds a public meeting, the duration ofthe public comment period may be extended to the close ofthe public meetingor extended to a laterdate announced at the public meeting. (6) The Department shall receive comment for at least thirty (30) days, beginning after the day on which the notice ofthe Draft Availability is published or afterthe last day on which all of the persons inthis section are mailednotice, whichever is later.

Chapter 140

: Part 70Air Emission License Regulations

-10-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (7) The Department shall consider and keep records of all analyses and all written comments received during the public comment period, and all comments received at any public meeting or public hearing in making a final decision on the approvability ofthe Part 70draft license. The Department shall file all written comments for public inspection at the Department's Augusta office. (8) The Department shall notify any affected state and EPA, in writing, of any refusal to incorporate into the Part 70 draft license any recommendations that the affected state submitted during the affected state reviewperiod. This notice shall include the Department's reasons for not accepting any suchrecommendations. (9) The Department shall provide a statement that sets forth the legal and factual basis for the Part 70 draft license conditions (includingreferenced to the applicable statutoryor regulatory provisions) . The Department shall send this statement to any person who requests it. L. EPAComment Period (1) Except for Part 70 License Transfers, Section 502(b)(10) Changes and Part 70 Administrative Revisions, the Department shall provide a copy of the Part 70draft proposed license and any additional supporting documentation to EPA for a 45 day review and comment period. The Department shall in addition provide to EPAa statement that sets forth the legal and factual basis for the Part 70 draft proposed license conditions (including reference to the applicable statutory or regulatoryprovisions) . (2) Upon receipt of a Part 70 draft proposed license or at the time of the Department's explanation for any refusal to accept affected state's comments, whichever is later, if EPA determines the Part 70 draft proposed license is not in compliance with any Applicable requirement or with 40 CFR Part 70, including 40 CFR§ 70.8(c)(3), the EPAshall have 45 days to object in writing to the issuance of the Part 70 draft proposed license by the Department. If EPAsubmits an objection to the Department, the Part 70 draft proposed license shall not be issued by the Department. The objection shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the Part 70 license must include to respond to the objection. EPA shall send the applicant a copy of the objection pursuantto 40CFRPart 70.8(c)(2) . The Department shall have ninety (90) days to revise the Part 70draft proposed license. (3) If the Department fails, within ninety (90) days after the date of an objection under this subsection, to revise and submit a Part 70draft proposed license in response to the objection, the EPA will issue or deny the Part 70 license in accordance with the requirements ofthe federal operating permit programpromulgated underTitle Vofthe CAA . M . Public Petition to the EPA (1) General . Ifthe EPAdoes not object in writing within 45 days of receipt ofthe Part 70 draft proposed license, including supplementary information, any person, including the applicant

Chapter 140: Part 70Air Emission License Regulations -11-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION may petition the EPAin writing within sixty (60) calendar days after the expiration ofthe 45- day reviewperiod to make an objection. Any petition shall be based only on objections that were raised with reasonable specificity during the public comment period provided in Subsection 2(K) ofthis Chapter, unless the petitioner demonstrates to the EPA that raising such objections within the public comment period was impractical, or that the grounds for objection arose after the public comment period. (2) Procedures. If the EPA objects to the Part 70 license (after the EPA's 45-day reviewperiod) as a result of a public petition pursuant to this subsection, the following procedures shall apply: (a) Thepetitioner must identify in writing all objections in thepublic petition; (b) The petitioner must provide a copy ofthe public petition to the Department and to the applicant ; and (c) If the Part 70 license was not issued, the Department shall not issue the Part 70 draft proposed license until the EPA's objection resulting fromthe public petition is resolved; or if the Part 70 license was issued after the end ofthe 45-day EPA reviewperiod but prior to the subsequent EPAobjection, the following provisions apply: (i) The public petition does not halt the effectiveness ofthe Part 70 license or its terms and conditions; and (ii) The EPAwill amend, terminate or revoke the Part 70 license for cause as prescribed by Subsection 2(O) ofthis Chapter, and the Department may thereafter issue a Part 70 license pursuant to Subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any case, the owner or operator of the Part 70 source will not be in violation ofthe requirement to have submitted atimely and complete application. (3) Appeals. The public petition to EPA shall not affect the terms and conditions of a Part 70 license issued by the Department, or the finality ofthe Department's action for purposes of anappeal under the MaineAdministrative Procedures Act. N . Reopening for cause by the Department of a Part 70 license (1) The Department shall have the authority to reopen and amend, terminate or revoke for cause and to reissue the Part 70 license as a renewal of a Part 70 license for reasons as stated in Subsection 3(E)(7) ofthis Chapter. (2) Areopening shall not be initiated by the Department before a written notice ofsuch intent is provided to the owner or operator of the Part 70 source and to any person who submitted written comments on the license application at least thirty (30) calendar days in advance of the date that the Part 70 license is to be reopened, or within ten (10) calendar days if necessary to protect publichealth, safetyandwelfare.

Chapter 140

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-12-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (3) The procedures to reopen for cause of a Part 70 license and to reissue the Part 70 license shall comply with the same requirements as they apply to the renewal of a Part 70 license and shall pertain only to those parts of the Part 70 license for which cause to reopen exists, and shall proceed as expeditiously as practicable. O . Reopening for cause by EPAofa Part 70license

(3) (1) If EPAfindsthat cause exists to terminate, amend, or revoke and reissue a Part 70 license for reasons as stated in Subsection 3(E)(7) ofthis Chapter, EPAwill notify the Department and the licensee ofsuch findings in writing. (2) Within ninety (90) days of EPA's written notification, the Department shall send EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. In the event additional information is needed fromthe licensee, the Department may request fromEPAa ninety (90)-dayextension to resolve the EPAobjection. EPAwill review

the proposed determination from the Department within 90days of receipt. (4) The Department shall have ninety (90) days from the receipt of EPA's notification of objection to resolve the objection that EPA makes and to terminate, amend, or revoke and reissue the Part 70license as prescribed by Subsection 2(N) ofthis Chapter. (5) Ifthe Department fails to resolve the objection, EPAwill revise, terminate, or revoke the Part 70 license, aftertaking the following actions: (a) Providing at least 30 days notice to the licensee in writing ofthe reasons for any such action. This notice may be given during or afterthe procedures in 1 and 2 ofthis section. (b) Providing the licensee an opportunity for comment on EPA's proposed action and an opportunity for a hearing. P. Transmittal ofthe Part 70license and amendments to the EPA The Department shall submit to the EPA a copy of all Part 70 licenses; off-permit Department approval determinations and amendments upon issuance. Q . Effective Date of a Part 70license Unless otherwise indicated as a condition ofthe Part 70license, a Part 70 license granted by the Department is effective whenthe Commissioner, or his or her designee, signs the Part 70 license. APart 70 license granted by the Board of Environmental Protection (BEP) is effective when the BEPchair signs the license. R . Term ofa Part 70license Each renewal ofa Part 70 license or Initial Part 70 issued bythe Department shall have a termof five (5) years after the date of issuance. S . Expiration ofa Part 70license

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If a complete renewal application as determined by the Department, is submitted at least 6 months prior to expiration but no earlier than 18 months, then pursuant to Title 5 MRSA § 10002, all terms and conditions ofthe Part 70 license shall remain in effect until the Department takes final action on the renewal ofthe Part 70 license. The provisions ofthis subsection do not bar enforcement action pursuant to Title 5 MRSA §10004, Title 38 MRSA §349 or any other applicable statutes. An existing source submitting a complete renewal application under Chapter 140 prior to the expiration ofthe Part 70license will not be in violation ofoperatingwithout a Part 70license. Failure to submit a complete renewal application prior to expiration ofthe Part 70license renders the license expired and the owner or operator is considered to be operating and maintaining an air contamination source without a Part 70 license fromthe Department, in violation of this Chapter. T. Source obligation Approval to construct a newsource or modification, or an exemption pursuant to Subsection 1(D) ofthis Chapter shall not relieve any owner or operator ofa source from the responsibility to comply fully with any Applicable requirements and state requirements. U . Public access to information and confidentiality As a general rule, all information and data submitted in an application for a Part 70 license shall be available upon request for public inspection and copying. Any exception to this general rule shall be governed bythe provisions ofthe FreedomofAccess Law, Title 1 MRSA§401 et seq., as amended. Information for whichthe applicant seeks confidential status shall be conspicuously identified in a separate document and submitted to the Department for a determination that one or more of the criteria of Title 1 MRSA §402(3) with respect to the exemptions fromthe term, "public records," was met. Such information shall be stored separately in accordance with procedures developed by the Department. Public records include, but are not limited to, the following: (1) Information concerning the nature and extent of the emissions of any air contaminant 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. In the case where a source has submitted information to the Department under a claimof confidentiality, the Department may also require the source to submit a copy of such information directly to EPA . The contents ofa Part 70license shall not be treated as confidential .

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-14-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION At reasonable times and location the Department shall provide for the inspection of public records. Charges for copying shall reflect the costs to the Department and payment shall be made to the Maine Environmental Protection Fund. V . Inspections to verify information Employees and authorized representatives ofthe Department shall be allowed safe access to the licensee's 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 relatingto emissions. W . Replacement ofAir Pollution Control Systems If a licensee is proposing to replace an existing air pollution control system, including the replacement of oil burner guns, the applicant must obtain a license amendment pursuant to Chapter 115. X . Licensing of HAPsources Pursuant to 38 MRSA Section 585-B, the Department may control HAPs by adopting emission limits, design, equipment, work practices or operational standards for activities emitting hazardous air pollutants if no ambient air quality standards have been established for those pollutants. Y. Modifications of Part 70 HAP sources Sources applying for a newPart 70 HAP source, a modification or reconstruction of a Part 70 HAP source which is not currently subject to a HAP emission limitation will be reviewed only under the New

Source Review

section ofChapter 115. Z. Computation of time period "Days" are calendar days unless otherwise designated. "Working days" excludes Saturdays, Sundays, state holidays and state shutdown days. In computing any period of time prescribed or allowed by Chapter 140, the last day of the period is to be included unless it is a Saturday, Sunday, state holiday, or state shutdown day in which event the period runs until the end ofthe next day which is not a Saturday, Sunday, state holiday, or state shutdown day. If a person is required to take some action within a prescribed period after service of notice or other paper and the notice or paper is served bymail, three (3) days shall be added to the prescribed period. AA . Emergency provision An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limits ifthe conditions ofthis subsection (Subsection 2(AA)) are met. The affirmative defense for an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidencethat: (1) An emergency occurred andthe licensee can identify the cause or causes ofthe emergency;

Chapter 140: Part 70Air Emission License Regulations -15-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(2) The licensed facility was at the time beingproperly operated; (3) During the period ofthe emergency, the licensee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the Part 70 license; and (4) The licensee submitted notice ofthe emergency to the Department within two (2) days or the next working day, whichever is later, ofthe time when emission limits were exceeded due to the emergency. This notice must contain: (a) a description ofthe emergency; (b) steps taken to mitigate emissions; and (c) corrective actions taken. In any enforcement proceeding, the licensee seeking to establish the occurrence of an emergency has the burden of proof . This provision is in addition to any emergency or upset provision contained in any Applicablerequirement . 3. Renewal of a Part 70 License and the Initial Part 70Licenses A . Applicability. The following procedures shall beused for sources applying for an initial Part 70 license and forthe renewal ofa Part 70license or a lapsed Part 70license. B . Schedule (1) If the applicant is applying for a renewal of a Part 70 license, an application must be submitted at least six (6) months, but no earlier than eighteen (18) months prior to thedate of expirationofthe Part 70license. (2) If the applicant is applying for an initial Part 70 license, an application must be submitted within one year ofcommencing operations as provided in 40CFRPart 70.5. C . Application Notification (1) The applicant shall give public notice of Intent to File as stated in Subsection 2(D) of this Chapter. (2) Acopy ofthe application shall be submitted by the source to EPA Region 1. D . Required Application Information. For a renewal of a Part 70 license and initial Part 70 license for existing sources, the applicant shall submit to the Department the information listed below : (1) For an initial Part 70 license the application formand information as specified in Subsection 2(B) ofthis Chapter, containing all required information;

Chapter 140: Part 70Air Emission License Regulations -16-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (2) For a renewal of a Part 70 license, the last complete application forms for a Part 70 license with all newinformation indicated, including a compliance assurance monitoring (CAM) plan and any proposed alternative operating scenarios. Newmaterial appended to the application may be limited to any changes that may have occurred since the time of previous license issuance; (3) A Best Practical Treatment (BPT) analysis as described below : (a) Best Practical Treatment (BPT) . Emissions fromexisting sources undergoing renewal of a Part 70 license or the issuance of the initial Part 70 license shall be deemed to be receiving best practical treatment if those emissions are being controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, or an acceptable best practical treatment analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources ofsimilar age and design in similar industries. For emissions fromexisting sources controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, the applicant shall submit a summary ofthe pollution control apparatus for those emission sources. If the pollution control apparatus has been installed 15 years or more fromthe date of license application approval, the applicant must demonstrate that each emissions unit is receiving BPT and such demonstration shall consider the emission limit forwhichthe air pollution control system was designed, the emission limitations adopted by the Department and in effect at the time of submission ofan application for renewal, as well as the reliability, age, and life expectancy ofthe air pollution control system . BPT shall not require the use of a lower sulfur content unless a lower sulfur fuel is required to comply with the applicable emissions standards or applicable ambient air quality standards. BPT shall not force replacement of existing air pollution control equipment on the basis that more efficient or reliable air pollution control equipment is available at the time of renewal . However, BPT may require replacement with more efficient or reliable air pollution control equipment under the followingconditions: (i) The applicant is proposing replacement of the existing air pollution control equipment; (ii) Anyemissions unit violates the applicable emission limitation; (iii)Additional reductions are necessary to achieve or maintain ambient air quality standards; (iv) The Department determines that previously uncontrolled emissions should be controlled in order to prevent an unreasonable risk to the environment or public health; Chapter 140: Part 70Air Emission License Regulations -17-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(5)

(7)

(9) (v) The Department determines that previously controlled emissions should be

controlled to a greater efficiency considering the toxicity ofair contaminants; or (vi)Additional reductions are necessary to restore ambient increment even if that ambient increment was previously authorized to the owner or operator ofan existing source. BPT may require the use of additional instrumentation, operating practices, automated process controls, upgrading of component parts, emissions testing, requirements for continuous emission monitors, maintenance programs for air pollution control equipment, or record keeping to demonstrate performance of air pollution control systems orother mitigatingmeasures. (4) BPT for lapsed licenses shall undergo an analysis similar to Section 4(A)(4)(d) of Chapter 115 (BACT) . Reasonably Available Control Technology (RACT) . The applicant for an existing source located in, or whose emissions of a federal nonattainment pollutant result in a significant impact to any federal nonattainment area, shall include a summary of the conditions the source complies withto meet RACT requirements. (6) Best Available Retrofit Technology (BART) . An existing source with emissions that the Department has determined to cause an adverse impact on visibility in any Class I area or any integral vista for that Class I area, shall demonstrate that each emissions unit contributing to the adverse impact on visibility will receive BART as expeditiously as practicable, but no later than five (5) years afterthe Department identifies BART. Hazardous Air Pollutants (HAPs) . Ifan existing source is subject to a newly applicable HAP emission limitation, the applicationshall be submitted according to the schedule in Appendix C and Section 6(B) and shall contain the HAP information as required by Section 6 ofthis Chapter. (8) Ambient Air Quality Impact Analysis. If required by the Department pursuant to this Chapter, the applicant shall submit the results of any ambient air quality impact analyses, including an analysis ofthe impacts to Air Quality Related Values and impact on visibility if the Department determines that the source may affect ambient increments or Air Quality Related Values in any Class I area or integral vista to that Class I area. The analysis shall be performed pursuant to this Chapter. This analysis shall not be used in the completeness determination ofthe application. The certification ofthe responsible official pursuant to Subsection 2(C) ofthis Chapterand a copy of the published public notice of Intent to File pursuant to Subsection 2(D) of this Chapter. E. License Content. The following elements shall be included in the Part 70 license:

Chapter 140: Part 70Air Emission License Regulations -18-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (1) Emission Limitations and Standards. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all Applicable requirements and state requirements at the time ofthe Part 70 license issuance. (a) The Part 70license shall : (i) For Part 70major sources, include in the Part 70 license all Applicable requirements for all relevant emissions units at the Part 70major source. (ii) For any nonmajor source subject to this Chapter under Section 1, include in the Part 70 license all Applicable requirements applicable to emissions units that cause the source to be a Part 70 source. (b) The Part 70 license shall specify and reference the origin of and authority for each term or condition pertaining to all Applicable requirements, and identify any difference in formas compared to the Applicable requirement upon which the termor condition is based. (c) The Department shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAAor under any ofits Applicablerequirements. (d) If an applicable implementation plan allows a determination of an alternative emission limit at a Part 70 source, equivalent to that contained in the plan, to be made in the Part 70 license issuance, renewal, or amendment process, and the State elects to use such process, any Part 70 license containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures. (e) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its applicationas approved by the Department. Such terms and conditions: (i) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the licensed facility a record ofthe scenario underwhich it is operating; (ii) Mayextend the permit shield described in Subsection 2(1) ofthis Chapterto all terms and conditions pertaining to Applicable requirements under each such operating scenario; and (iii)Must ensure that the terms and conditions of each such alternative scenario meet all Applicable requirements and state requirements and the requirements of this Chapter. (f) Terrns and conditions, if the applicant requests them, for the trading of emissions increases and decreases in the licensed facility, to the extent that the Applicable requirements provide for trading such increases and decreases without a case-by-case approval ofeach emissions trade. Suchterms and conditions: Chapter 140

: Part 70Air Emission License Regulations

-19-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (i) Shall include all terms required to determine compliance; (ii) May extend the permit shield described in Subsection 2(I) ofthis Chapter to all terms and conditions pertaining to Applicable requirements that allowsuch increases and decreases in emissions; and (iii)Must meet all Applicable requirements, state requirements, and requirements ofthis Chapter. (2) Compliance Assurance Requirements (a) Monitoring Requirements (i) All emissions monitoring and analysis procedures ortest methods required under the Applicable requirements and state requirements. This includes any procedures and methods promulgated pursuant to Sections 114(a)(3), pertaining to the enhanced monitoring and compliance certification requirements, or 504(b), pertaining to the monitoring and analysis provisions, ofthe CAA . (ii) Where the Applicable requirement or state requirement does not require periodic testing or instrumental or non instrumental monitoring (which may consist of record keeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data fromthe relevant time period that are representative of the source's compliance with the Part 70license. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the Applicable requirement . Record keeping provisions may be sufficient to meet the requirements ofthis paragraph (Subsection 3(E)(2)) ; and (iii)As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods . (b) Recordkeeping Requirements. The Part 70 license shall incorporate applicable record keeping requirements and require where applicable the following records of required monitoring information: (i) The date, place as defined in the Part 70 license, and time of sampling or measurements; (ii) The date(s) analyses wereperformed; (iii)The company or entity that performed the analyses; (iv) The analytical techniques or methods used; (v) Theresults ofsuchanalyses; and (vi) The operating conditions as existing at thetime ofsampling or measurement ; Chapter 140

: Part 70Air Emission License Regulations

-20-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (c) Reporting Requirements. The Part 70 license shall incorporate the required reporting requirements, including the submittal of summary reports of any required periodic monitoring at least every 6 months in the semiannual reports. The semiannual reports must indicate all instances ofdeviations fromlicense requirements. (d) Compliance Requirements (i) Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the Part 70 license. Any document (including reports) required by a Part 70license shall contain a certification by a responsible official . (ii) For Part 70 sources out of compliance at time of issuance of the Part 70 license, a schedule ofcompliance consistent with Subsection 2(B)(11) ofthis Chapter; (iii)Progress reports consistent with an applicable schedule of compliance and Subsection 2(B)(11) ofthis Chapter to be submitted at least every six (6) months, or at a more frequent period if specified in the Applicable requirement or by the Department. Suchprogress reports shall contain the following: (a) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and (b) An explanation ofwhy any dates in the schedule ofcompliance were not or will not bemet, and any preventive or corrective measures adopted;

(3)

(5) (iv) Requirements for compliance certification with terms and conditions contained in

the Part 70 license, including emission limitations, standards, or work practices and such additional requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) ofthe CAA

. Part 70 licenses for temporary sources shall include conditions that will assure compliance with all Applicable requirements and state requirements at all authorized locations, the requirements of this Chapter and the requirement that the owner or operator notify the Department at least ten (10) days in advance ofeach change in location. (4) Permit Shield. The permit shield as specified in Subsection 2(I) of this Chapter shall apply to the terms and conditions ofthe Part 70license, except where the Part 70 license expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 license shall include the Department's determination or a concise summary thereof for other Applicable and state requirements specifically identified bythe applicant as beingnot applicable to the Part 70 source. HAPs. Ifan existing source is subject to a HAPemission limitation, the Part 70license shall contain the applicable requirements of the HAP emission limitation as specified in Subsection 6(E) ofthis Chapter in addition to the relevant requirements ofSection 3(E)

.

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(7) (6) Ambient Air Quality Impact Analysis. The Part 70 license shall include a section summarizing any required ambient air quality impact analysis. Standard Statements and Conditions. All Part 70 licenses shall include and be subject to the following standard statements and conditions: (a) Standard Statements (i) Approval to construct shall become invalid if the source has not commenced construction within eighteen (18) months after receipt of such approval or if construction is discontinued for a period of eighteen (18) months or more. The Department may extend this time period upon a satisfactory showing that an extension isjustified, but may condition such extension upon a reviewofeither the control technology analysis orthe ambient air quality standards analysis, or both; (ii) The Part 70 license does not convey anyproperty rights of any sort, or any exclusive privilege

; (iii)All terms and conditions are enforceable by EPA and citizens under the CAAunless specificallydesignated as state enforceable. (iv)The licensee may not use as a defense in an enforcement action that the disruption, cessation, or reduction of licensed operations would have been necessary in order to maintain compliance with the conditions ofthe air emission license; (v) Notwithstanding any other provision 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 personhas violated or is inviolation ofany statute, regulation, or Part 70 license requirement . (vi)Compliance with the conditions of this Part 70 license shall be deemed compliance with any applicable requirement as ofthe date of license issuance and is deemed a permit shield, provided that: (a) Such applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identifiedas not having a permit shield; or (b) The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 license includes the determination or a concise summary thereof. Nothing in this section or any Part 70 license shall alter or affect the provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303; the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; or the ability of EPAto obtain information froma source pursuant to Section 114ofthe CAA . Chapter 140

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-22-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (vii)The Part 70 license shall be reopened for cause by the Department or EPA, prior to the expiration ofthe Part 70 license, if: (a) Additional applicable requirements under the CAA become applicable to a Part 70 major source with a remaining Part 70 license termof 3 or more years. However, no reopening is required ifthe effectivedate ofthe requirement is later than the date on which the Part 70 license is due to expire, unless the original Part 70 license or any of its terms and conditions has been extended pursuant to Chapter 140

; (b) Additional requirements (including excess emissions requirements) become applicable to a Title IV source under the acid rain program . Upon approval by EPA, excess emissions offset plans shall be deemed to be incorporated into the Part 70 license; (c) The Department or EPAdetermines that the Part 70 license contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions ofthe Part 70 license; or (d) The Department or EPA determines that the Part 70 license must be revised or revoked to assure compliancewiththe applicable requirements. The licensee shall farnish to the Department within a reasonable time any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the Part 70 license or to determine compliance with the Part 70license. (viii)No license revision or amendment shall be required under any approved economic incentives, marketable licenses, emissions trading and other similar programs or processes for changes that are provided for in the Part 70 license. (b) Standard Conditions (i) Employees and authorized representatives ofthe Department shall be allowed access to the licensee's 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 and this license; (ii) The licensee shall acquire a new or amended air emission license prior to commencing construction of a modification, unless specifically provided for in Chapter 140

; (iii)The licensee shall establish and maintain a continuing programof best management practices for suppression of fugitive particulate matter during any period of construction, reconstruction, or operation which mayresult in fugitive dust, and shall submit a description ofthe programto the Department upon request; Chapter 140

: Part 70Air Emission License Regulations

-23-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (iv)The licensee shall pay the annual air emission license fee to the Department, calculated pursuant to Title 38 MRSA§353. (v) The licensee shall maintain and operate all emission units, air pollution control and monitoring systems required by the air emission license in a manner consistent with good air pollution control practice for minimizing emissions; (vi) The licensee shall maintain sufficient records to accurately document compliance with emission standards and license conditions and shall maintain such records for a minimumof six (6) years. In addition, the licensee shall retain records of all required monitoring data and support information for a period ofat least six (6) years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the Part 70 license. The records shall be submitted to the Department upon written request or in accordance with other provisions of this license; (vii)The licensee shall comply with all terms and conditions of the air emission license. The submission of notice of intent to reopen for cause by the Department, the filing of an appeal by the licensee, the notification of planned changes or anticipated noncompliance by the licensee, or the filing ofan application by the licensee for the renewal ofa Part 70license or amendment shall not stay anycondition ofthe Part 70 license. (viii)In accordance with the Department's air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the Department, the licensee shall : (a) performstack testing under circumstances representative ofthe facility's normal process and operating conditions: (i) within sixty (60) calendar days of receipt of a notification to test fromthe Department or EPA, if visible emissions, equipment operating parameters, staff inspection, air monitoring orother cause indicate to the Department that equipment may be operating out of compliance with emission standards or license conditions; (ii) to demonstrate compliance with the applicable emission standards; or (iii)pursuant to any other requirement ofthis license to performstacktesting. (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 fromdate of test completion. Chapter 140: Part 70Air Emission License Regulations -24-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (ix) If the results of a stack test performed under circumstances representative of the facility's normal process and operating conditions indicates emissions in excess of the applicable standards, then: (a) within thirty (30) days following receipt ofsuch test results, the licensee shall retest the non-complying emission source under circumstances representative of the facility's normal process and operating conditions and in accordance withthe Department's air emission compliance test protocol and 40 CFR Part 60 or other methodapproved or required by the Department; and (b) the days ofviolation shall be presumed to include the date ofstack test and each and every day of operation thereafter until compliance is demonstrated under normal and representative process and operating conditions, except to the extent that the facility can prove to the satisfaction of the Department that there were intervening days during which no violation occurred or that the violation was not continuing in nature; and (c) the licensee may, upon the approval ofthe Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis prior to a demonstration of compliance under normal and representative process and operating conditions. (x) The licensee shall maintain records of all deviations from license requirements. Such deviations shall include, but are not limited to malfunctions, failures, downtime, and any other similar change in operation ofair pollution control systems or the emission unit itself that is not consistent with the terms and conditions ofthe air emission license. (a) The licensee shall notify the Commissioner within 48 hours ofa violation of any emission standard and/or a malfunction or breakdown in any component part that causes a violation of any emission standard, and shall report the probable cause, corrective action, and any excess emissions in the units of the applicable emission limitation; (b) The licensee shall submit a report to the Department on a quarterly basis ifa malfunction or breakdown in any component part causes a violation of any emission standard, together with any exemptionrequests. Pursuant to 38 MRSA § 349(9), the Commissioner may exempt fromcivil penalty anair emission in excess of license limitations ifthe emission occurs during start-up or shutdown or results exclusively from an unavoidable malfunction entirely beyond the control ofthe licensee and the licensee has taken all reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption underthis subsection. Chapter 140

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-25-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (c) All other deviations shall be reported to the Department in the facility's semiannual report. (xi) Upon the written request ofthe Department, the licensee 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 manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine the licensee's compliance status. (xii) The licensee shall submit semiannual reports ofany required periodic monitoring by January 31 and July 31 of each year, or on an equivalent schedule specified in the license. All instances of deviations fromPart 70 license requirements must be clearly identified in such reports. All required reports must be certified by a responsible official . (xiii)The licensee shall submit a compliance certification to the Department and EPA annually by January 31 of each year, or more frequently if specified in the Applicable requirement or by the Department. The compliance certification shall include the following: (a) The identification of each termor condition of the Part 70 license that is the basis ofthe certification; (b) The compliance status; (c) Whether compliance was continuous or intermittent; (d) The method(s), specified in the source's license, used for determining the compliance status ofthe source, currently and overthe reporting period; and (e) Such other facts as the Department may require to determine the compliance status ofthe source; F. Criteria for license approval . The Department shall grant the Part 70license, ifthe following criteria are met: (1) The Department has received a complete application for a Part 70 license pursuant to this Chapter; (2) The emissions will receive best practical treatment (BPT), including, but not limited to, the requirements specified in Subsection 3(D)(3) ofthis Chapter; (3) The emissionswill not violate state standards adopted by the Department pursuant to Title 38 MRSA§585or can be controlled so as not to violate the same; (4) The emissions either alone or in conjunction with existing emissions will not violate or can be controlled so as not to violate ambient air quality standards including, but not limited to,

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-26-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION ambient increments as adopted by the Department pursuant to Title 38 MRSA §584; or for those sources locating within or significantly impacting a federal nonattainment area, the impact to ambient air quality standards is consistent with any plan demonstrating Reasonable Further Progress as defined in Section 171 ofthe CAA ; (5) If the source is subject to a HAP emission limitation, the source has met the criteria as specified in Subsection 6(F) ofthis Chapter. (6) If the Department determines that the emissions froman existing source are reasonably attributable to the adverse impact on Air Quality Related Values in any Class I area, BART, as specified in Subsection 3(D)(5) ofthis Chapter will applyto the emissions; (7) The conditions of the Part 70 license provide for compliance with all Applicable requirements, state requirements and the relevant requirements ofthis Chapter; (8) The Part 70license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any ofits Applicable requirements. (9) The Department and applicant have complied with the public participation, affected states and EPA notification and reviewprocedures for issuance of a Part 70 license pursuant to Subsections 3(C) and 3(G) ofthis Chapter; (10) All control technology requirements, including, but not limited to, BPT, BACT, RACT, MACT, LAER, and other operating limitations, imposed in the air emission license will be complied with; (11) If the applicant proposes to change the emission limit upon which an air quality impact analysis was based, the applicant may be required to provide a newambient air quality impact analysis for the newemission limit; and (12) If an air emission license renewal can be granted only if the licensee installs additional emissions controls or other mitigating measures, then the licensee may continue to emit pollutants fromemission sources that will receive these controls or measures up to the same level allowed in its existing license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than twenty four (24) months after the Department issues the license renewal, except as provided in this subsection. After a showing ofthe licensee that it can not install and bring to full operation the required emission controls or mitigating measures within the twenty four (24) month period, the Department may establish a later date for the installation and operation. No such compliance schedule shall excuse any violation of an Applicable requirement. This provision is limited to state only requirements. G . Draft Notification (1) Acomment period of 30 days shall be held for the public and affected states on the Part 70 draft license, as described in Subsection 2(K) ofthis Chapter.

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(2) After the end ofthe public reviewperiod stated above, EPA shall have a comment period of 45 days on the Part 70 draft proposed license as described in Subsection 2(L) ofthis Chapter. 4 . Part 70Acid Rain Sources. The Department hereby adopts and incorporates byreference the provisions of 40 CFRPart 72, as in effect on January 11, 1993, and as amended March 23, 1993, and October 24, 1997, for purposes of implementing an acid rain programthat meets the requirements ofTitle IV ofthe CAA . In the event the provisions or requirements of 40 CFR Part 72 conflict with, or are not included in this Chapter, the Part 72 provisions and requirements shall apply and take precedence. For the purposes of this section, the term, "permitting authority," shall mean the Department, and the term, "Administrator," shall mean the Administrator ofthe U.S. Environmental Protection Agency. A. Schedule. Submittal of permit applications and thepermitting ofaffected sources shall occur in accordance with the deadlines in Title IV of the Act and the regulations promulgated thereunder. If the applicant is applying for an initial Phase II acid rain permit, an application shall be submitted by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides, or by such other deadlines established under Title IVofthe CAAand the regulations promulgated thereunder. B. Required Application Information. The application shall be on a nationally-standardized formin additionto the application formand information required in Subsection 2(B) of this Chapter. The applicant shall also include a compliance plan with regard to the schedule and method(s) the Title IV source will use to achieve compliance with the acid rain emissions limitations promulgated under Title IV of the CAA . C . License Content . In addition to the information in Subsection 3(E) ofthis Chapter, the following shall be included in the airemission license for a Title IVsource: (1) A statement that an amendment is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require an amendment under anyotherApplicable requirement . (2) The compliance plan content requirements specified in Section (4) shall apply and be included in the acid rain portion of a compliance plan for an Title IV source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations . (3) A license condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IVofthe Act orthe regulations promulgated thereunder.

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-28-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (a) No license revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a license revision under anyother Applicable requirement. (b) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other Applicable requirement. (c) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IVofthe CAA . (4) The Part 70 license shall state that, where an Applicable requirement of the CAA is more stringent than an Applicable requirement of regulations promulgated under Title IV of the CAA, both provisions shall be incorporated into the license and shall be enforceable by the EPA . D . Nothing in the permit shield, specified in Subsection 2(I) ofthis Chapter, or any Part 70 license shall alter or effect the Applicable requirements ofthe acid rain program, consistent with Section 408(b) ofthe CAA

. E. Part 70General Licenses. Part 70 General licenses shall not be granted for Title IV sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV ofthe CAA. F. Modifications for Acid Rain sources pursuant to Title IV of the CAA shall provide an opportunity for public comment and review including public notice and the offering of an opportunity for public comment and a public meeting, and shall be governed by 40CFRPart 72. G . APart 70 source shall be prohibited frommaking, without a permit revision, ifsuch changes are subject to any requirements under Title IV of the Act or are Title I modifications or a modification or reconstruction under any provision ofSection 111, or 112 ofthe CAA . H . A license modification or license amendment for purposes ofthe acid rain portion ofthe license shall be governed byregulations promulgated underTitle IVofthe Act. 5 . New Source Review

for a New

Part 70 Source, Major Modification or Minor Modification of a Part 70 Source. The applicant shall obtain a license pursuanttothe provisions ofChapter 115. 6 . HAP Emission Limitations A . Applicability (1) Promulgated HAPemission limitations. Anew or existing Part 70 HAP source is subject to any HAP emissions limitation promulgated by EPA if one or more of the following conditions occur: (a) The source meets the criteria forapplicabilityofsuch HAP emission limitation;

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-29-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (b) The source has proposed construction ofa Part 70 HAP source; and (c) The source has proposed reconstruction ofa Part 70 HAP source. (2) Case-by-case MACT determinations. (a) The Department shall establish a case-by-case MACT determination for a Part 70 HAP source if EPA has failed to promulgate a MACT emission limitation applicable to a Part 70 HAP source upon receipt and approval of a Part 1 and Part 2 MACT application submitted by the owner or operator. The Department shall issue the MACT emission limitation within 18 months ofreceiving a complete Part 2application. (b) Where no applicable emission limitations have been established by EPA, the Department shall establish a case-by-case MACT determination for the proposed construction or reconstruction of Part 70 HAP sources unless the source has been specifically regulated or exempted under a regulation issued pursuant to Section 112(d) . (3) The following are excluded fromMACT emission limitation determinations as required by 112(g) and 112(j) : (a) Stationary sources in deleted sources categories pursuant to Section 112(c)(9) of the CAA . (b) Research and development activities as defined by 40CFRPart 63.41 . B . Schedule (1) If EPA promulgates a HAP emission limitation applicableto an existing Part 70 HAP source and three (3) years or more remain before a Part 70 license expires, an application must be submitted within the six (6) months following EPA's promulgation of the HAP emission limitation. If less thanthree (3) years remain before a Part 70license expires, the application must be submitted withthe renewal application. (2) If EPA fails to promulgate a MACT emission limitation applicable to a source category or subcategory by the date scheduled for promulgation, the owner or operator of the existing HAP major source (that includes one or more stationary sources in that category) must submit a Part 1 MACT application within 18 months after the date scheduled for promulgation. The Part 1 MACT application must includethe following requirements: (a) The name and address (physical location) ofthe major source; (b) A brief description of the major source and an identification of the relevant source category; (c) An identification of the types of emission points belonging to the relevant source category; and (d) An identification of any affected sources for which a Section 112(g) MACT determination has been made. Chapter 140

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Within 24 months after an owner or operator submits a Part 1 MACT application the owner or operator must submit a Part 2 MACT application meeting the requirements of Sections 6(D)(1)(a) through (i) and 6(D)(2)(a) through (d) ofthis Chapter. (3) If the applicant is applying for a newPart 70 HAP source or a reconstruction of a Part 70 HAP . source, anapplication must be submitted and processed in accordance with Chapter 115 and Chapter 140. C . Application Notification (1) No application notification is required for the processing of a Part 70 license amendment for the purpose ofa HAP emission limitation. (2) Acopy ofthe application shall be submitted by the source to EPA Region I . D . Required Application Information (1) For sources subject to HAPemission limitations promulgated by the EPA or adopted by the Department through regulation, the applicant shall submit the information required in Subsection 2(B) ofthis Chapter in addition to the following information: (a) A description of all emission units and the HAP emitted by each Part 70 HAP source which is subject to a HAP emission limitation for existing Part 70 HAP sources or a HAP emission limitation for new Part 70 HAPsources; (b) The emission rate ofeach HAP emitted by each emission unit, stated interms that would be federally enforceable, as defined by EPA; (c) The annual rate ofuncontrolled emissions ofany HAPfrom the Part 70 HAP source; (d) The annual rate of controlled emissions for the emission units subject to HAP emission limitations; (e) Parameters to be monitored or frequency of monitoring to demonstrate continuous compliance with the HAPemission limitations; (f) Supporting technical information that documents any applicable HAP emission limitation for new

Part 70 HAP sources will be met upon commencement ofoperation; (g) Supporting technical information that documents the source is, or will be in compliance with any applicable HAPemission limitation promulgated by EPA; (h) Any other information required by the Department to assess compliance with any existing Federal, State or local limitations or requirements applicable to the affected source; (i) Fora new

affected source, the anticipated date ofstart-up. Chapter 140: Part 70Air Emission License Regulations -31-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(2) For sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, the applicant shall submit the information required in Subsection 2(B) of this Chapter in addition to the following information: (a) All ofthe information listed above in Subsection 6(D)(1) ofthis Chapter; (b) The HAP emission limitations proposed by the applicant that under representative operating conditions and maintenance, would achieve the MACT emission limitation for existing Part 70 HAP sources or the MACT emission limitation for newPart 70 HAP sources, whichever is applicable. Supporting technical information must be included, such as design, operation, size, control efficiency, identification of control technology in place for each affected emission point or group of affected emission points or any other information deemed necessary bythe Department; (c) The HAP emission limitations proposed by the applicant shall : (i) For sources that propose to construct a new or reconstruct an existing Part 70 HAP source, be no less stringent than the emission control that is achieved in practice by the best controlled similar source. (ii) Provide the maximumdegree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs ofachieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associatedwith the emission reduction. (iii)Include either a proposed relevant emission standard pursuant to Section 112(d) or Section 112(h) ofthe Clean Air Act or adopted presumptive MACT determination for the source category which includes the constructed or reconstructed major source. The MACT requirements applied to the constructed or reconstructed major source shall reflect those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination. (iv) For sources for which EPA fails to promulgate a MACT emission limitation within eighteen (18) months after the scheduled promulgation date, be no less stringent than the emission limitation that would be achieved at the MACT floor, and that at a minimummeets the requirements ofa top-down case-by-case MACT analysis for the type and quantity ofHAPemitted bythe source. (d) Where feasible, applicants should propose HAP emission limitations that are based upon pollution prevention techniques rather than the use ofcontrol equipment. E. License Content . The Part 70license shall contain the following: (1) The HAP emission limitation promulgated by EPA, adopted by the Department, or determined on a case-by-case basis by the Department.

Chapter 140: Part 70Air Emission License Regulations -32-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (2) Requirements specifying notification, operation and maintenance, performance testing, monitoring, record keeping, reporting requirements, and compliance dates, as provided in Section 3(E) and any other compliance requirements deemed necessary by the Department. (3) Schedule ofcompliance (a) For a constructed or reconstructed Part 70 HAP source, compliance with a promulgated MACT, GACT, residual risk, or work practice standard must be achieved upon commencing operations. (b) For existing Part 70 HAP sources, compliance with a promulgated MACT, GACT, or work practice emission limitation must be achieved by the compliance date specified in the applicable, promulgated emission limitation. If the applicable regulation does not specify a compliance date, compliance must be achieved as expeditiously as practicable, as specified inthe Part 70 license, but no later thanthree (3) years afterthe effective date ofthe applicable regulation. (c) For existing Part 70 HAP sources subject to a case-by-case MACT standard due to EPA's failure to promulgate a MACT emission limitation, compliance with a case-by-case MACT standard must be achieved as expeditiously as practicable, but no later than three (3) years following the issuance of the Title V permit containing a MACT emission limitation or following the promulgation of the MACT standard by EPA, whichever occurs first. (d) Notwithstanding the requirements of this subsection, no existing Part 70 HAP source which is controlled as a result ofthe installation of BACT or technology for LAERprior to the promulgation of a MACT, GACT, or work practice emission limitation shall not be required to comply with the MACT, GACT, or work practice emission limitation standards until five (5) years after the date of installation of BACT or LAERor until the compliance date ofthe standard, whichever is later; (e) Notwithstanding the requirements of this subsection, newPart 70 HAP sources which commence construction or reconstruction after a MACT, GACT, or work practice emission limitation applicable to such source is proposed, and before such standard is promulgated, shall not be required to comply with the standard until three (3) years after the promulgation date if: (i) The promulgated HAP emission limitation is more stringent than the proposed standard; and (ii) The source complies with the HAPemission limitation, as proposed, during the three (3) years immediatelyafter promulgation. F. Criteria for license approval . The Department shall grant the Part 70 license if the Department determines that the Part 70 HAP source will meet the applicable HAP emission limitations. G . Draft Notification

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(1) The applicant shall provide a copy of the Part 70 draft license to the affected states for a comment period of 30 days. The comment period shall begin on or before the date that the affected states receive a copy ofthe Part 70 draft license. (2) In addition, for sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, a comment period of 30 days shall be heldfor the public on the Part 70draft license, as described in Subsection 2(K) ofthis Chapter. (3) After the end of the affected states reviewand public comment period stated above, EPA shall have a comment period of 45 days on the Part 70 draft proposed license as described in Subsection 2(L) ofthis Chapter. 7. Part 70Administrative Revision A . Applicability. Part 70 Administrative Revision procedures may be used for the correction of typographical errors, change in the name, address, or phone number ofany person or facility identified in the Part 70 license, or a similar administrative change, or the change to more frequent monitoring, reporting, recordkeeping or testing requirements. An "administrative license revision" is a license revisionthat: (1) Corrects typographical errors; (2) Identifies a change in the name, address or phone number of any person identified in the license , or provides a similar minor administrative change at the source; (3) Requires more frequent monitoring or reporting bythe licensee; (4) Allows for a change in ownership or operational control of a source where the licensing authority determines that no other change in the license is necessary, provided that a written agreement containing a specific date for transfer of license responsibility, coverage, and liability between the current and new licensee has been submitted to the licensing authority; or (5) Incorporates any other type ofchange which the Administrator has determined as part ofthe approved Part 70 programto be similar to those in paragraphs 40 CFR 60 § 70.7(d)(1)(i) through (iv) . B. Schedule (1) The applicant may request a Part 70Administrative Revision at any time during the termofa Part 70 license. (2) The Department shall take no more than 60 days fromreceipt of a request for a Part 70 Administrative Revision to take final action on such request.

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C . Application Notification. No application notification is required for the processing ofa Part 70 Administrative Revision. The source may implement the changes addressed in the request for a Part 70 Administrative Revision immediately upon submittal oftherequest. D . Required Application Information (1) The application submission shall consist of a written request documenting the Part 70 Administrative Revision with the reason for the request, along with any relevant information for the revision. The signatory sheet signed by a responsible official shall be included in the submittal . (2) The application submission shall include verification that the proposed modification meets the criteria for use of the Part 70 Administrative procedures and a request that such procedure be used. E. License Content. APart 70Administrative Revision shall contain the following: (1) Adescriptionofthe revision and the reason for the request. (2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the revisions, including the relevant requirements of Section 3(E) . (3) Specific designation as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements. (4) The permit shield, as specified in Section 2(I) shall not apply to the terms and conditions of the Part 70Administrative Revision license. F. Criteria for license approval . The Part 70 Administrative Revision shall be granted if the Department determines that the revision meets the applicability criteria specified above in Subsection 7(A) ofthis Chapter and will not violate any Applicable requirements and state requirements. The Part 70 license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under anyofits Applicable requirements. G . Draft Notification. Draft notification is not required for a Part 70Administrative Revision. 8. Part 70 Section 502(b)(10) Change Chapter 140: Part 70Air Emission License Regulations -35-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

A. Applicability Changes within a Part 70 facility (or one operating pursuant to Section 503(d) ofthe CAA) may be made without requiring a license revision ifthe changes are not modifications under Section 5 of this chapter and the changes do not cause emissions in excess of the standards in the permit (whether expressed therein as a rate ofemissions or in terms oftotal emissions) and qualify as a 502 change ofthe Clean Air Act. B . Schedule. The applicant may make a Section 502(b)(10) Change at any time during the termof a Part 70 license. C . Notification. The facility must provide the EPA and the Department with written notification of a Section 502(b)(10) Change a minimum of 7 days in advance ofthe proposed changes. D . Required Notification Information (1) The application submission shall consist ofa letter requesting the Section 502(b)(10) Change with the reason for the request, along with any relevant information for the change. The signatory sheet signed bya responsible official shall be included in the submittal . (2) The application submission shall include verification that the proposed modification meets the criteria for use of a Section 502(b)(10) Change procedure and a request that such procedure be used. E. Criteria for license approval . Changes must not be physical changes in, or changes in the method of operation of, a stationary source which increases the amount ofany air pollutant emitted by such source or whichresults in the emission of any air pollutant not previously emitted and the changes do not exceed the emissions allowable under the license (whether expressed therein as a rate of emissions or in terms oftotal emissions) . F. Draft Notification. Draft notification is not required for a Section 502(b)(10) Change. 9. Part 70 Minor License Modification A . Applicability. Part 70 Minor License Modificationprocedures may be used only for those license changes that: (1) Do not violate any Applicable requirement or staterequirement ;

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-36-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (2) Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in the license; (3) Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts or a visibility or increment analyses; (4) Do not seek to establish or change a Part 70 license termor condition for which there is no corresponding underlying Applicable requirement, and that the source has assumed to avoid an Applicable requirement to which the source would otherwise be subject. Such terms and conditions include: (a) A federally enforceable emissions cap assumed to avoid classification as a modification or reconstruction under Section 112 ofthe CAA, or as a Title I Modification under the CAA ; and (b) An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) ofthe CAA ; (5) Are not a modification or reconstruction under Section 111 or 112 ofthe CAA, or a Title I Modification under the CAA; and (6) Are not required bythe Department to be processed as a significant modification. Notwithstanding 1 through 6, Part 70 Minor License Modification procedures may be used for license modifications involving the use of economic incentives, marketable licenses, intrafacility emission trading, and other similar approaches, to the extent that such Part 70 Minor License Modification procedures are explicitly provided for in an applicable implementation plan or in Applicable requirements promulgated by EPA. B . Schedule (1) The applicant may request a Part 70Minor License Modification at any time during the term ofa Part 70license. (2) The Department may approve, but may not issue, a final Part 70 Minor License Modification until after EPA's 45-day reviewperiod or until EPA has notified the Department that EPA will not object to issuance, whichever is first. Within 90 days ofthe Department's receipt of an application under Part 70 minor license modification procedures or 15 days after the end ofthe EPA's 45-day reviewperiod, whichever is later, the Department shall : (a) Issue the Part 70 Minor License Modification as proposed; (b) Deny the Part 70 Minor License Modification application; (c) Determine that the requested Part 70 Minor License Modification does not meet the Part 70 Minor License Modification criteria; or Chapter 140: Part 70 Air Emission License Regulations -37-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (d) Revise the draft license and transmit to the EPAthe new proposed Part 70 Minor License Modification. (3) The source may make the changes proposed in its Part 70 Minor License Modification application immediately after it files an application, only if such application includes the suggested draft of Section 9(D)(3) . After the source makes the change allowed by the preceding sentence, and until the Department takes any of the actions specified in this section, the source must comply withboththe Applicable requirements governing the change and the suggested draft license terms and conditions. During this time period, the source need not complywith the existing license terms and conditions it seeks tomodify. However, ifthe source fails to comply with its proposed license terms and conditions during this time period, the existing license terms and conditions it seeks to modify may be enforced against it. C . Application Notification (1) No application notification is required for the processing of a Part 70 Minor License Modification. (2) A copy of the application shall be submitted by the source to EPA Region I and affected states. D . Required Application Information (1) The application form as specified in Subsection 2(B) of this Chapter that contains the applicable required information. (2) In addition, the applicant shall provide the following information: (a) A description of the change, the emissions resulting fromthe change, and any new Applicable requirements and state requirementsthat will apply ifthe change occurs; and (b) Certification by a responsible official that the proposed modification meets the criteria for use of Part 70 Minor License Modification procedures and a request that such procedures be used. (3) The applicant shall also submit a suggested draft license, if the source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application. E. License Content. APart 70 Minor License Modification shall containthe following: (1) Adescription ofthechange and the reason for therequest, and (2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertainingto the change.

Chapter 140: Part 70Air Emission License Regulations -38-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (3) Specific designation as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements. (4) The permit shield, as specified in Section 2(1) shall not apply to the terms and conditions of the Part 70 Minor License Modification. F. Criteria for license approval . The Part 70 Minor License Modification shall be granted ifthe Department determines that the change meets the applicability criteria specified above in Subsection 9(A) ofthis Chapter and will not violate any Applicable requirement or state requirement ofthe Part 70source. The Part 70 license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under anyofits Applicable requirements. G . Draft Notification (1) The applicant shall provide a copy ofthe suggested draft license to the affected states and to the EPAwithin 5 days of submitting the application to the Department, ifthe source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application. (2) For Part 70 Minor License Modifications, the applicant shall provide a copy ofthe Part 70 draft proposed license to the affected states for a 30 day comment period as specified for in Section 2(K), as applicable only for affected states review . (3) EPAshall have a comment period on the draft Part 70minor license modificationfor 45days as described in Subsection 2(L) ofthis Chapter or until EPAhas notified the Department that EPA will not object to the issuance, whichever is first. The 45 day comment period shall begin on the date the affected states or EPAreceives a copy of the Part 70 Minor License Modification draft proposed license, or when EPA receives the Department's explanation for why it has refused to accept an affected state's comment when the comment is not acted upon bythe Department, whichever is later. 10 . Part 70 Significant License Modification A. Applicability. Part 70 Significant License Modification procedures shall be used for applications requesting license changes that do not qualify as Administrative Revisions or Part 70 Minor License Modifications. Part 70 Significant License Modification procedures shall be used for applications requesting license changes that are determined by the Department to be substantial changes in existing monitoring and testing license terms or conditions and any relaxation of testing, reporting or record keeping license terms or conditions.

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Any variance or compliance extension issued pursuant to Title 38 MRSA § 587 and 590 for a Part 70 source shall be processed as a Part 70 Significant License Modification and be subject to the terms and conditions for the issuance ofa Part 70 Significant License Modification. B . Schedule. The applicant may request a Part 70 Significant License Modification at any time duringthe term ofa Part 70license. C . Application Notification (1) No application notification is required for the processing of a Part 70 Significant License Modification. (2) Acopy ofthe application shall be submitted by the source to EPA Region I . D . Required Application Information (1) The application form as specified in Subsection 2(B) of this Chapter that contains the applicablerequired information. (2) Inaddition, the applicant shall providethe following information: (a) Adescription ofthe change, the emissions resulting from the change, and anyApplicable requirements and state requirements that pertain to the change; and (b) Certification by a responsible official that the proposed modification meets the criteria for use of Part 70 Significant License Modification procedures and a request that such procedures be used. E. License Content . APart 70 Significant License Modification shall containthe following: (1) Adescription ofthechange and the reason for the request, and (2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the change. (3) Specific designation as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements. (4) Permit shield. The permit shield as specified in Subsection 2(I) ofthis Chapter shall applyto the terms and conditions of the Part 70 Significant License Modification license, except where the Part 70 Significant License Modification license expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 Significant License Modification license shall include the

Chapter 140: Part 70Air Emission License Regulations -40-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Department's determination or a concise summary thereof for other Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source. F. Criteria for license approval . The Part 70 Significant License Modification shall be granted ifthe Department determines that the change meets the applicability criteria specified above in Subsection 10(A) of this Chapter and will not violate any Applicable requirements and state requirements ofthe Part 70 source. The Part 70 license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAAor under any ofits Applicable requirements. G . Draft Notification (1) For Part 70 Significant License Modification, a comment period of 30 days shall be held for the public and affected states on the Part 70draft license, as described in Subsection 2(K) of this Chapter. (2) EPA shall have a comment period on the Part 70 Significant License Modification draft proposed license for 45 days as described in Subsection 2(L) ofthis Chapter or until EPA has notified the Department that EPA will not object to the issuance, whichever is first. The 45 day comment period shall begin on the date EPA receives a copy of the Part 70 Significant License Modification draft proposed license, or when EPA receives the Department's explanation for why it has refused to accept an affected state's comment when the comment is not acted up on by the Department, whichever is later. 11. Intrafacility Emission Trading. The Department shall allow intrafacility emission trading within a facility without requiring an amendment to the Part 70license ifthe intrafacility emission trade will not violate any BPT findings, and is anintrafacility emissiontrade that: Does not exceed the emissions allowable under the Part 70 license (emissions cap), whether expressed therein as a rate ofemissions or in terms oftotal emissions, the intrafacility emissiontrade is not a Title I modification or a modification or reconstruction under any provision ofSection 111 or 112 ofthe CAA, is not a HAPintrafacility emission trade, and meets the following criteria: A . Trading Under the Permitted Emissions Caps. The Department shall include in the Part 70 license an emissions cap, pursuant to a request submitted by the applicant, consistent with any specific emission limits or restrictions otherwise required in the license by any Applicable requirements, and license terms and condition for intrafacilityemissiontrading solely for the purposes ofcomplying with that emissions cap. The responsible official for the Part 70 source shall provide EPA and the Department with written notification at least seven (7) days in advance of the proposed intrafacility emission trade. The notice must include the following information:

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(1) Adescription ofthe intrafacility emissiontrade to be made withinthe licensed facility; (2) The date onwhichthe proposed intrafacility emission trade will occur; and (3) Astatement on howemission increases and decreases will comply with the conditions ofthe Part 70license. (4) The Part 70 source, the Department and the EPA shall attach each notice required by this section to their copy ofthe relevant Part 70 license. B . Trading Under the Implementation Plan. For Part 70 licenses that do not contain provisions for intrafacility emission trading, the Department shall provide for intrafacility emission trading increases and decreases, where the applicable implementation plan provides for such intrafacility emission trading without requiring a permit revision and based on the 7 day notice provided for below . The responsible official for the Part 70 source shall provide EPA and the Department with written notification at least seven (7) days in advance of the proposed intrafacility emission trade. The notice must includethe following information: (1) Adescriptionofthe intrafacility emission trades to be made within the licensed facility; (2) The date on which the proposed intrafacility emissiontrade will occur; (3) Identification of the license terms which may be replaced with the intrafacility emission trading provisions inthe state implementation plan; (4) Identification ofthe Part 70 license requirements with which the Part 70source will comply using the intrafacility emission trading provisions ofthe state implementation plan; (5) Identification ofthe pollutants emitted subject to the intrafacility emissiontrades; and (6) Areference to the provisions inthe state implementation plan with which the Part 70source will complyand that provide for the intrafacility emission trades. The Part 70 source, the Department and the EPA shall attach each notice required by this section to their copy ofthe relevant Part 70license. C . Amending the Part 70license to Incorporate Intrafacility Emission Trading Provisions. For Part 70 licenses that do not contain provisions for intrafacility emission trading, and the licensee would like to establish suchprovisions withinthe Part 70 license, and: (1) The State Implementation Plan does not provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Significant License Modification license procedures, renewal ofa Part 70license, or

Chapter 140: Part 70Air Emission License Regulations -42-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION initial source Part 70 license procedures to include conditions of the Part 70 license that allow for intrafacility emission trading increases and decreases; or (2) The State Implementation Plan does provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Minor License Modification license procedures to include conditions ofthe Part 70 license that allowfor intrafacility emission trading increases and decreases substantially identical to those provided for in the SIP. D . Part 70License Intrafacility Emission Trading Provision Requirements.

(1) The Part 70 license must contain the following conditions, to incorporate provisions for intrafacility emission trading, that are requested by the applicant and approved by the Department: An emissions cap that is consistent with any specific emission limits or restrictions otherwise required in the Part 70 license by any Applicable requirements and state requirements. The emissions cap shall be only for the emission units which are quantifiable and have replicable procedures and license terms that ensure the emissions cap in enforceable and transfers pursuant to it are quantifiable and enforceable; (2) Conditions for intrafacility emission trading solely for the purposes of complying with the emissions cap required bythis section; and (3) Conditions to assure compliance with all Applicable requirements and state requirements . (4) The permit shield described in Subsection 2(I) of this Chapter may extend to those intrafacility emission trades made pursuant to Section 11(A), but the permit shield shall not extend to any change made pursuant to Section 11(B) . 12. Part 70 License Transfer. The followingoutlines the procedures for issuing a Part 70 License Transfer: A. Applicability. The transferee shall abide by all ofthe conditions ofthe Part 70license and isjointlyor severally liable with the original licensee for any violation of the terms and conditions thereof pending determination onthe application forapproval ofa transfer. B . Schedule. An application for a Part 70License Transfer shall be submitted to the Department no later than two weeks after any transferofproperty subject to a Part 70 license. C . Application Notification. The applicant shall publish notice of Intent to File as specified in Section 2(D) ofthis Chapter.

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D . Required Application Information (1) Identifying newinformation, including company name and address (or plant name and address if different fromthe company name), owner's name, agent and telephone number, responsible official's name and address, telephone number and names of plant site manager ordesignated contact person; (2) Aletter including the following information: (a) The full name and address ofthe new owner; (b) The date ofthe official sale; (c) A copy of the purchase agreement or deed showing transfer of ownership, or demonstration oftitle, right, or interest; (d) Astatement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission fromthe Department; and (e) Ademonstration oftechnical and financial capacityofthe new ownerand intent to: (i) Complywith all conditions ofthe Part 70 license, and (ii) to satisfy all statutory criteria. (3) The signatory sheet froma responsible official . E. License Content. The Part 70License Transfer shall contain the following: (1) Full name and address of newowner and the date oftransfer ofownership; (2) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and (3) Astatement describing the technical and financial capacity ofthe new owner. F. Criteria for license approval . Approval for a Part 70 License Transfer shall be based on the acceptability ofthe information required inthe application submittal . G . Draft Notification. Draft notification is not required fora Part 70LicenseTransfer.

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13. Part 70 General Licenses. The Department may, on a case-by-case basis, issue a Part 70 General license for specific source categories. A source qualifying for an existing Part 70General license must apply to the Department to be licensed under the terms of the Part 70 General license or must apply for a Part 70 license through the procedures described in Section 3 or Section 5 ofthis Chapter, whichever is relevant. A . Issuance ofa Part 70 General license (1) The Part 70 General license shall be issued by the same process as any Part 70 license, including public participation and review . (2) The terms and conditions of any Part 70 General license shall be consistent with Subsection 3(E) of this Chapter and shall provide for compliance with all Applicable requirements and state requirements ofother Part 70licenses. (3) The Part 70 General license shall identify criteria by which Part 70 sources may qualify for the Part 70General license. (4) The Part 70General license shall specify the deadline for existing sources for the submission ofrequests for authorization and the date(s) when a person is authorized to operate under the Part 70General license. B . Requirements to apply under a Part 70 General license (1) Owners or operators of Part 70 sources that qualify for a Part 70 General license must apply in writing to the Department to be licensed under the terms and conditions of the Part 70 General license in accordance with the requirements ofthis subsection. (2) Owners or operators of Part 70 sources that qualify for a Part 70 General license shall give public notice ofIntent to File as stated in Subsection 2(D) ofthis Chapter. (3) An application for a Part 70 General license must include the following information necessary to determine qualification for, and to assure compliance with, the Part 70 General license: (a) The application formas specified in Subsection 2(B) of this Chapter that contains the required information, including any information necessary to determine whether the applicant qualifies to operate underthe General license. (b) The certification ofthe responsible official and a copy ofthe published public notice of Intent to File as specified in Subsections 3(D) and 3(C) ofthis Chapter. (c) Acopyofthe application shall be submitted bythe sourceto EPA Region 1. C . Granting Approval Under a Part 70 General license. The Department shall grant the conditions and terms ofthe Part 70 General license to a Part 70 source upon request, ifthe Part 70 source meets the following criteria:

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(1) The source is similar to other sources for that category of Part 70 General licenses in regard to the following attributes: (a) Air quality classification ofthe source's location; (b) Proximity to Class I areas; (c) Total emission quantity and nature ofregulated pollutants; (d) Classification ofareas downwind; (e) Geographic area involved for the same or substantially similar types ofoperation; (f) Emissions ofthe same type ofair pollutants; (g) Requires the same control systems or operating conditions; (h) Requires the same or similar monitoring; and (i) In the opinion of the Department, the source is more appropriately controlled under a Part 70General license thanunder an individual Part 70license. (2) The Department shall grant a request for authorization to operate under an existing Part 70 General license to owners or operators ofPart 70 sources that qualify, and may grant the Part 70 General license without repeating the public participation and affected state review procedures on the Part 70 draft license. Such a grant shall not be a final action by the Department for purposes ofjudicial review . 14. Ambient Air Quality Analysis A . General . It shall be the burden ofany applicant to provide an affirmative demonstrationthat its emissions, in conjunction with all other sources, will not violate ambient air quality standards, established pursuant to Chapter 110 of Department Regulations, except that Part 70 sources in nonattainment areas or which significantly impact a nonattainment area shall be required to demonstrate that the Part 70 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 and shall be consistent with EPA regulations and guidelines or other requirements under the CAA . The analyses shall include relevant emissions units at the Part 70 source, 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 fromother existing sources including increases in mobile and area source emissions impacting the same area. The level ofanalysis shall depend upon the size ofthe Part 70source, the regulated air pollutants emitted, existing air quality, proximity to Class I or nonattainment areas, or areas where increment has been substantially consumed. (For the purposes of this Subsection, the Class I area shall include any conservation easements under thejurisdiction of an appropriate Federal Land Manager as of August 7, 1977.) The air quality impact analysis, in general, will not be

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-46-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION required of the applicant for those regulated pollutants that are not listed under "significant emissions increase" in Chapter 100 of the Department's Regulations. The analysis shall be conducted in accordance with the provisions ofSubsection 14(C) ofthis Chapter, Chapter 116of the Department's Regulations and Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models. Air quality modeling conducted as part ofthe licensing ofa new Part 70 source or modification to a Part 70 source in the United States is substantially governed by the Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models. That modeling guidance was first promulgated in 1978 and by law, must be routinely updated by EPA . Thus, federal regulatory guidance on modeling and the list of acceptable models do change. The Department recognizes that air dispersion modeling guidance will be periodically updated, to reflect the latest federal guidance. To maintain an orderly licensing process in the State, applicants will be required to conform with those procedures and guidelines in effect at the time of Department approval of a written modeling protocol that meets all applicable requirements provided the applicant completes modeling, as approved, and submits its results within six (6) months ofthe date of approval of the protocol . Ifthe protocol calls for collection ofon-site meteorological data, then the starting date for the on-site data collection must be no later than 6 months after approval ofthe protocol and modeling results must be submitted within six (6) months of obtaining acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling protocol will require conformance with current applicable air dispersion modeling guidance. (1) Ambient Air Quality Monitoring Requirements. Monitoring done by the owner or operator shall conformto the requirements of 40 CFR Part 58, Appendix B and the Department's Quality Assurance Plan (or other plan approved by the Department) during the operation of monitoring stations. It is recommended that a written protocol be developed by the owner or operator and the Department when a Part 70 source is required to conduct either preconstruction or post-construction monitoring. The protocol shall, at a minimum, specify the monitoring sites, frequency of sampling, data recovery, pollutants, and monitoring method(s) . (2) Air Quality Impact Modeling Requirements. (a) All estimates of ambient concentrations required by an ambient or increment impact analysis shall be based on the relevant air quality models, data bases, and other requirements specified in the current Appendix W to 40 CFRPart 51 - Guideline on Air Quality Models, and in accordance with Subsection 14(C) of this Chapter, and Chapter 116ofthe Department's regulations. These guidelines require evaluation ofthe effect of terrain on ambient concentrations. Fugitive emissions, to the extentquantifiable, shall be considered. (b) All input and output files used in the final Class I and Class II MAAQS and increment compliance modeling analyses and Class I AQRV and visibility modeling analyses shall be submitted to the Department on 3V2" diskettes, compact discs or other media formatted for use by computer software which the Department uses unless otherwise approved by the Commissioner. (c) Where an air quality impact model specified in the Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models, is inappropriate, the model may be changed or another Chapter 140

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-47-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION model substituted; such change or substitution shall be subject to public comment and the written approval of the Department and the Regional Administrator of the U . S. Environmental Protection Agency or his designee. Methods like those outlined in the Protocol for Determining the Best Performing Model (EPA-454/R-92-025) and the InterimProcedures for Evaluating Air Quality Models: Experience with Implementation (EPA-450/4-85-006) should be used to determine the comparability ofair quality models. B . Renewal of a Part 70license (1) Apreviously submitted impact analysis shall be acceptable unless: (a) It has been found to be deficient with respect to requirements set forth in Subsection 14(A) ofthis Chapter; (b) The impact analysis fails to reflect available information with respect to ambient air quality levels in the area, which, based upon the Department's expertise, may reasonably be expected to be significantly impacted bythe Part 70 source; (c) The Part 70 source emits a regulated pollutant for which an ambient air quality standard has been adopted and whose impact was not addressed in the original impact analysis; (d) There are changes in stack or building configurations or other factors which are determined to significantly alter the dispersion characteristics ofthe Part 70source. (2) Continuation of an ambient air monitoring or meteorological monitoring programshall be made on a case-by-case basis at the time of the renewal . It shall be the burden of the applicant to demonstrate the adequacy ofexisting data, its relationship to past, present, and future facility operating conditions, and the adequacy ofother means to document continuing compliance. (3) An existing Part 70 source shall be exempt froman impact analysis with respect to a regulated pollutant whose allowable emissions, after the application of control technology requirements specified in Section 4 of this Chapter, do not exceed the following, unless the Part 70 source is located in or near a Class I area or an area where the available air quality is limited, or other extenuating circumstances exist: (a) 50tons per year (tpy) for SOZ; (b) 250tpy for CO

; (c) 25 tpy for PM1oorTSP; (d) 100tpy for NO,, (measured as NOZ) ; (e) 0.6 tpy for Lead (Pb) ; or (f) 0.2 tpy oftotal Chromium . Chapter 140

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C . Modeling/data collection protocol . Any air quality dispersion modeling or data collection programshall be developed consistent with the following requirements: (1) Guidance. All air quality dispersion modeling and meteorological data collection shall be conducted consistent with Subsection 14ofthis Chapter and Appendix W to 40CFRPart 51 - Guideline onAir Quality Models. NOTE: The applicant should consult with the Department and Federal Land Managers (potentially affected federal lands are listed in Chapter 114 of the Department's Regulations) if Class I analyses are required, prior to submitting a modeling/data collection protocol . The applicant is responsible for obtaining the training necessary to performthe required air dispersion modelingand meteorological data collection. (2) Variance fromguidance. Upon an applicant's written request, the Department may grant a variance from any of the requirements set forth in Subsection 14 of this Chapter and Appendix W

to 40 CFRPart 51 - Guideline on Air Quality Models, when the Department finds that the alternative proposed by the applicant will not significantly affect the accuracy of the modeling, and/or when data collection results or compliance with the requirements specified in Subsection 14 ofthis Chapter and Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models is technically infeasible or economically unreasonable for the applicant . For any Part 70 source subject to PSD review, the variance shall be subject to EPA review, written approval, and shall be subject to notice and opportunity for public comment pursuant to 40CFRParts 51 .160(f) (2) and 51 .166 (1) (2) . (3) Significant impact modeling protocol for SO2, NO2, CO and PMIO . Prior to undertaking significant impact modeling for SO2, NOZ, CO and PMIO, the applicant shall provide in writing to the Department, a description ofthe following factors that the applicant proposes to use in the significant impact modeling demonstration (see Appendix W to 40 CFRPart 51 - Guideline on AirQuality Models for more specific guidance) : (a) Operating scenarios and emission units in Englishand metric units; (b) Regulated air pollutants; (c) Model(s) and methodologies; (d) Origin of meteorological data; (e) Period of meteorological record; Receptor grid (listing of coordinates and elevations, topographic maps covering the receptor grid area, map of receptors and, if applicable, a listing ofall Digital Elevation Model (DEM) quadrangles used and method(s) used to convert DEMdata to the proposed receptor grid) . If DEM data is being used to create a rectangular receptor grid, then the elevation of each receptor point shall be the highest elevation within the grid cell . The grid cell is defined as an area enclosed by boundaries located halfway to the nearest receptor in each direction; (g) Any special (e.g., fenceline, air intake or flagpole) receptors;

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## G) (h) Identityofemissions which are included in baseline; (i) A properly scaled plot plan of the proposed facility with clearly marked true north indicator, building heights and an accurate scale ruler. Also, showthe location of the source on a map (preferably a U.S Geological Survey topographical map) of the area; and NOTE: An original plot plan is preferred, but if a photocopy is submitted, care should be taken to make sure that the scale is not changed onany area oftheplot. Building dimension and Good Engineering Practice (GEP) analysis techniques. For each stack, all buildings that are large enough and close enough to influence the stack should be considered inthe GEP analysis. As expeditiously as possible and within thirty (30) calendar days of receipt of this information, the Department shall notify the applicant in writing that such information is complete and acceptable for modeling or notify the applicant in writing of the reason(s) why the information is not complete. Ifthe information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to complete the protocol requirements. (4) Submittal ofsignificant impact modeling. (a) Prior to undertaking the final air quality dispersion modeling demonstration, applicant shall submit the following for review : the (i) Significant impact modeling results (If all modeled impacts of any regulated pollutant are belowthe significant impact levels for all averaging periods, then no further analysis is necessary for that pollutant); (ii) Emissions data for regulated pollutants not in the significant impact modeling protocol ; (iii)Apreliminary analysis of nearby sources that will not be included in the background concentrationanalysis; NOTE: The Department is responsible for the final decision of off-site sources to be modeled. The Department will provide the applicant with a list of any additional sources that may have to be included in the final modeling analysis and the requisite model input data for these sources. This list will contain all data required for model input including source location(s), emission rates, stack parameters, and necessary building dimensions for the applicant to determine direction-specific building parameters. (iv) Background concentration data. Conservative background values are available from the Department for all areas ofthe state. Should the applicant choose not to use the conservative background values supplied by the Department, the applicant shall be responsible for determining background values based on data normally supplied by Chapter 140

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-50-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION and in consultation with the Department. For sources needing more refined background values, general guidance on determining background determinations based on monitoring data is provided in the most recent version of the Departments Guideline Document For Background Air Quality Determinations. Particular care must be taken when determining background values so that they do not implicitly include any impacts of the source(s) being modeled in order to avoid double counting; and Processed meteorological data base (if required bythe Department) . The use offive (5) consecutive years of off-site National Weather Service NWS) meteorological data (or other data equivalent or better in accuracy and detail to the NWS data) or at least 1 year of site specific data is the minimum requirement for modeling applications. If more than one (1) year (and up to five (5) years) of acceptable data is available, it shall be used in the air quality analysis. Ifthere is a gap in data froma catastrophic incident or a persistent but subtle problemthat evades detection, a two (2), three (3), four (4) or five (5) year on-site meteorological database acceptable for modeling purposes need not be compiled fromtwo (2), three (3), four (4) or five (5) consecutive years or twenty-four (24), thirty-six (36), forty-eight (48) or sixty (60) consecutive months of data. Ifthis is the case, then the applicant shall write to the Department requesting an exemption fromthe consecutive two (2), three (3), four (4) or five (5) year database requirement . If data requirements, source configurations or characteristics ofthe surrounding area change, the database may need to be updated after consultation with the Department. However, a requirement to collect a new database will neither preclude the applicant's ability to use the existing database in the interim data collection period nor require the applicant to redo any previously submitted analyses that used the original database . (b) Within thirty (30) calendar days of receipt of this information, the Department shall notify theapplicant ofthe following in writing: (i) The submitted information is complete and acceptable for modeling or the reason(s) why the information is not complete. If the information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to complete the protocol requirements; and (ii) For each regulated pollutant for which there are significant impacts, the Department shall specify which operating scenarios and other nearby sources, if any, needs to be further modeled. Ifthe applicant requests in writing, information in the possession ofthe Department that is required for modeling (for example, emissions which are included in baseline emissions, background data or other emissions data from nearby sources), the Department shall attempt to provide such information to the applicant within thirty (30) calendar days. (5) Air quality dispersion modeling protocol . If impacts fromSO2, NO2, COand PMIOare above significance or ifthere are other regulated pollutants to be modeled, then the applicant must provide in writing to the Department, a description ofthe following factors (ifdifferent from previously submitted data) that the applicant proposes to use in the air quality dispersion

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(f) modeling (see Appendix W to 40 CFRPart 51 - Guideline on Air Quality Models for more specific guidance) : (a) Operating scenarios and emission units in English and metric units (including other nearby sources, if necessary) ; (b) Regulated air pollutants; (c) Model(s) and methodologies; (d) Originofmeteorological data; (e) Period ofmeteorological record; Receptor grid (listing of coordinates and elevations, topographic maps covering the receptor grid area, map of receptors and, if applicable, a listing of all Digital Elevation Model (DEM) quadrangles used and method(s) used to convert DEMdata to the proposed receptor grid) . If DEM data is being used to create a rectangular receptor grid, then the elevation of each receptor point shall be the highest elevation within the grid cell . The grid cell is defined as an area enclosed by boundaries located half way to the nearest receptor in each direction; (g) Any special (e.g., fenceline, air intake or flagpole) receptors; (h) Identity ofemissions which are included in baseline emissions; (i) A properly scaled plot plan of the proposed facility with clearly marked true north indicator, building heights and an accurate scale ruler. Also, showthe location of the source on a map (preferably a U.S Geological Surveytopographical map) ofthe area; NOTE: An original plot plan is preferred, but if a photocopy is submitted, care should be taken to make sure thatthe scale is not changed on anyarea ofthe plot. (j) Building dimension and Good Engineering Practice (GEP) analysis techniques. For each stack; all buildings that are large enough and close enough to influence the stack should be considered in the GEP analysis. Subpiit all BPIP input and output files on compact disc, 31/2" diskette or other media approved by the Department. All tiers of a building will be input as tiers and not as separate buildings and (k) Background concentration data. Within thirty (30) calendar days of receipt of this information, the Department shall notify the applicant in writing that such information is complete and acceptable for modeling or notify the applicant in writing of the reason(s) why the information is not complete. If the information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to completethe protocol requirements.

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-52-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION When all submitted information is considered complete and acceptable for modeling, the applicant shall performair quality dispersion modeling and submit for reviewthe air quality dispersion modeling analysis as part ofthe final application submittal . (6) Presentation offinal results. Once compliance with ambient air quality standards, ambient increments and other limitations has been demonstrated through modeling, the applicant shall prepare a written report documenting the source being modeled, the modeling effort, and a compliance demonstration. The following outline indicates the information required in the written report and information required to be submitted on 3'/2" diskettes, compact discs or other media approved by the Department. Apaper label accompanying the 3%2" diskettes, compact discs or other media approved by the Department specifying the size and capacity needed which includes a directory ofthe files contained on the 3'/z" diskettes, compact discs or other media approved by the Department. (A de-archiving programshould be submitted if the files are archived) : (a) Introduction (briefly give an overviewof the project, the analyses conducted, and the results) ; (b) Site and surroundings (describe the topography, demography, air quality control region and compliance status (attainment/nonattainment) ; include a topographic map section showing the site and a properly scaled plot plan of the proposed facility; include rural/urban classification and simple/complex terrain determination), topography and land-use need to be described in sufficient detail to specify roughness length if roughness length is a required input for the modeling system used in the analysis; (c) Source description (provide an overview of the source, describe the process(es) involved) ; (d) Description of each emission unit at the source (describe the equipment/operations, emissions' controls, emissions' limits; list emissions and stack parameters for each emission unit in English and metricunits) ; (e) Screening modeling (describe the screening analyses performed) : (i) Modeling approach/model(s) used; (ii) Model version used; (iii) Model switch selections; (iv) Source data (affected source and other nearby sources) ; (v) Meteorological data; and (vi) Receptor data; and (vii) Screening results. Chapter 140: Part 70Air Emission License Regulations -53-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (

(g) Final compliance modeling analysis, (describe in detail modeling performedand results) : (i) Modeling approach/model(s) used; (ii) Model version used; (iii)Model switch selections; (iv) Source data (affected source and other nearbysources) ; (v) Meteorological data base. The meteorological data base shall be submitted on separate 3'/2" diskettes, compact discs or other media approved by the Department if the applicant processed the meteorological data base; (vi) Receptor data. A map of the receptor grid shall be submitted. (If applicable, all DEMdata used to create the receptor grid shall be submitted on 3'/Z" diskettes, compact discs or other media approved bythe Department) ; and (vii)Modeling results (All input files needed to duplicate the final compliance model runs and all final compliance model output files shall be submitted on 3'/z" diskettes, compact discs or other media approved by the Department .) The Department may request specific modeling runs be provided onhard copy. Compliance demonstration (describe howthe predicted concentrations comply with all applicable ambient airquality standards and ambient increments) : (i) Background determination (includetable ofvalues) ; (ii) Compliancewith ambient air quality standards; and (iii)Compliancewith Class II Prevention of Significant Deterioration (PSD) increments (ifapplicable) . (h) Class I area impact assessment (if required), (describe any analyses made for federal Class I areas) : (i) Basis for assessment; (ii) Modeling approach/model(s) used; (iii)Model version used; (iv) Model switch selections; (v) Class I areas affected; (vi) Emissions and conditions ofoperating scenarios; Chapter 140

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-54-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (vii)Meteorological data; (viii)Receptor grid; (ix) Computational grid; (x) Air quality impacts (ambient air quality standards and ambient increments) ; (xi) Visibility (plume blight assessment (for regions within a Class I area that are affected by plumes or layers that are viewed against a background (generally within 50 kilometers ofthe source)) and regional haze assessment (for regions of a Class I area where visibility impairment fromthe source would cause a general alteration of the appearance ofthe scene (generally 50 kilometers or more away fromthe source or from the interaction of the emissions from multiple sources)) and other assessments that the Federal Land Manager and the Department agree should be assessed; and (xii)All input files needed to duplicate the final Class I analysis model runs and all final Class I analysis model output files shall be submitted on 3%z" diskettes, compact discs or other media approved by the Department. The Department may request specific modeling runs be provided on hard copy. NOTE: The Department recommends that any applicant likely to be required to conduct and submit an air quality dispersion modeling analysis meet once with the Department staff prior to submitting the information specified in Subsection 14(E)(5) of this Chapter. A failure by the Department to notify or provide information to the applicant as specified in this Subsection does not constitute an approval of the proposed protocol and/or modeling.

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-55-06-096 DEPARTMENTOF ENVIRONMENTAL PROTECTION AUTHORITY: 38 M .R.S.A ., Section 590, 585-A EFFECTIVE DATE: October 28, 1995 EFFECTIVE DATE (ELECTRONICCONVERSION) : May 8, 1996 AMENDED

: February 15, 1997 - Appendix C NON-SUBSTANTIVE CORRECTIONS: May 16, 1997 insertion of missing Appendices A and B,

formally adopted effective October 28, 1995. August 19, 1997 - minor formatting June 17, 1998 - Sections 2(H), 4first paragraph AMENDED

: April 12, 2000 AMENDED

: September 22, 2001 AMENDED

: July 15, 2002 AMENDED

: December 24, 2005 BASIS STATEMENT FORAMENDMENTS OF OCTOBER11, 1995 which were

This Chapter establishes an operating permit program for major sources of stationary air pollution pursuant to Title V of the 1990 Clean Air Act Amendments and 40 CFR Part 70 . This regulation addresses control technology requirements, air quality impact analysis requirements, license conditions and public participation and other procedural requirements for license renewals as well as new sources and modifications of existing sources. In addition to this Basis Statement, the Department has filed a supplemental basis statement with the Secretary of State that summarizes its responses to comments received during the comment period.

BASIS STATEMENT FORAMENDMENTS OF JANUARY 22, 1997 These amendments eliminate an inconsistency between the application submittal deadlines as established by Appendix Cto Chapter 140, and include the establishment ofa new application submission schedule for municipal waste combustion facilities in accordance with the requirements of 40 CFR Part 60, Subpart Cb. In addition to this Basis Statement, the Department has filed a supplemental Basis Statement with the Secretary of State that summarizes its responses to comments received during the comment period. BASIS STATEMENT FORAMENDMENTS OF MARCH16, 2000 These amendments incorporate by reference the control requirements from Title IV ofthe 1990 Clean Air Act Amendments. In addition to incorporating the most recent changes to the Title IV Acid Rain Program, the proposal also amends several licensing procedures, recordkeeping and reporting requirements, and clarifies exempt activities inresponseto federal prerequisites for program approval . No comments werereceived on the proposedamendments.

BASIS STATEMENT FORAMENDMENTS OF SEPTEMBER 10, 2001 These amendments incorporate federal programrequirements necessary for full approval ofthe Title V air emission licensing program . The amendments enhance EPAand public participation reviewprocess for minor license revisions, remove certain activities fromthe list of insignificant (exempt) activities Chapter 140

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contained in Appendix B to Chapter 140, and incorporate federal air quality modeling guidance. The amendments also require an applicant notify all federal land managers, and the Indian governing body of any reservation within 50 kmof any major modification or newmajor source license applications and provide at least 30 days for comment . In addition to this Basis Statement, the Department has filed a supplemental Basis Statement with the Secretary of State that summarizes its responses to comments received during the comment period.

BASIS STATEMENT FORAMENDMENTS OF JUNE 20, 2002 These amendments incorporate changes to the federal 112(j) (MACT) programand allowmajor HAP sources to submit required MACT determination information in twoparts. The Part 1 MACT application requires general information about the source and its emission points and is due on May 15, 2002. The Part 2 MACT application, due 24 months later, requires detailed information on the source, its emission sources and on the control technologies available for these emission points. In addition to this Basis Statement, the Department has filed a supplemental Basis Statement with the Secretary of State that summarizes its responses to comments received during the comment period.

BASIS STATEMENT FORAMENDMENTS OF DECEMBER1, 2005 This amendment removes the New Source Review (NSR) requirements from Chapter 140 and incorporates theminto Chapter 115, Major and Minor Source Air Emission License Regulations. For major sources that are subject to 40 CFR Part 70, Chapter 140 will implement the operating licensing requirements of 40 CFR Part 70 while Chapter 115 will serve as a pre-construction New Source Review program . In addition to this Basis Statement, the Department has filed with the Secretary of State responses to representative comments received duringthe comment period.

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-57-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (APA Office Note: AppendixA repealed byfiling 2001-405 effective September 22, 2001 .)

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-58-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION APPENDIX B CHAPTER 140 INSIGNIFICANT ACTIVITIES Insignificant Activities Aunit or activity may be considered insignificant, but still be subject to applicable requirements. A . Categorically Exempt The following insignificant units and activities are exempt frombeing included on a Chapter 140 license application and Chapter 140 license: 1 . Recreational fireplaces, including the use ofbarbecues, campfires and ceremonial fires. 2. Office activities. 3. Blue printing operations. 4. Paper trimmers/binders. 5. Personal care activities. 6. Flares used to indicate danger to the public. 7. Food preparation for human consumption including cafeterias, kitchen facilities and barbecues, located at a sourcefor providing food service on the premises. 8. Materials and equipment used by, and activity related to operation of an infirmary, where the infirmary is not the source's business activity. 9. Comfort air conditioning or air cooling systems, not used to remove regulated pollutants from specific equipment (unless subject to Part 82)

. 10. Natural draft hoods, natural draft stacks, or natural draft ventilators for sanitary and storm drains. 11 . Natural and forced air vents and stacks, for bathroom/toilet facilities. 12. Plant upkeep including routine housekeeping, preparation for and painting of structures or equipment, retarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements and paving or stripping ofparking lots. 13. Cleaningand sweeping ofstreets and paved surfaces. 14. Fugitives fromapplication of sand in the winter months, where the sand is used for vehicle or pedestrian safety. 15. Repair and maintenance activities, not involving installation of an emissions unit and not increasingthe potential to emit ofregulated pollutants. 16. Routinerepair ofequipment using commercially available cleaners, lubricants, etc. 17. Lawn and landscaping activities. 18. Agricultural activities on a facility's property that are not subject to registration or new source reviewby the Department 19. Structural changes not having regulated pollutant emissions. 20 . Portable drums and totes. 21 . Internal combustionengines for propelling or powering avehicle. 22. Vehicle exhaust fromauto maintenance and repair shops. Generalvehicle maintenance including vehicleexhaust fromrepair facilities. 23. Mobile transport tanks onvehicles.

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24. Fuel and exhaust emissions, fromvehicles in parking lots. 25. Storage tanks, mixing, packaging, storage and handling activities, reservoirs and pumping and handling equipment of any size, limited to soaps, lubricants, hydraulic fluid, thermal oil, vegetable oil, grease, animal fat, aqueous salt solutions or other materials and processes, using appropriate lids and covers where there is no generation of objectionable odor or airborne particulate matter. 26. Pressurized storage ofoxygen, nitrogen, carbon dioxide, or inert gases. 27. Sodiumhydroxide storage tanks. 28. Vents fromcontinuous emissions monitors and otheranalyzers . 29. Vents fromrooms, buildings and enclosures (including elevator vents), that contain permitted emissions units or activities fromwhich local ventilation, controls and separated exhaust are provided. 30 . Manual wall or roof vents and powered wall or roof vents, used for temperature control of a building or structure. 31 . Material, gas and chemical storage area vents, where closed containers are present. 32. C02 lasers, used only on metals and other materials, which do not emit HAPs inthe process. 33. Acetylene, butane, and propanetorches. 34. Manufacturing brazing, soldering and welding equipment and oxygen-hydrogen cutting torches, for use in cutting metal where in components of the metal do not generate significant HAPs or HAPprecursors per Section CofAppendix B . 35. All manufacturing welding, including arc welding, where emissions of particulate matter are vented to a control device located and vented inside the building (not to include HAP or VOC emissions) . 36. Metal finishing or cleaning usingtumblers whichdo not emit VOCs or HAPs. 37. Metal casting molds and moltenmetal crucibles that do not contain potential VOCs or HAPs. 38. Metal orglass heat-treating, inabsence of molten materials,, VOCs, or HAPs. 39. Drop hammers or hydraulic presses for forgingor metalworking. 40 . Electrolytic deposition whichdo not produce HAPs. 41 . Metal fume vapors fromelectrically heated foundry/forge operations wherein the components of the metal do not generate HAPs or HAP precursors. Electric arc furnaces are excluded from consideration for listingas insignificant. 42. Molten metal holding equipment and operations wherein the components of the metal do not generate HAPs or HAP precursors. Electric arc furnaces are excluded fromconsideration for listing as insignificant. 43. Mineral and metal working processes including squeezing processes (cold rolling, cold forging, extrusion, sizing, coining, peening, burnishing), blending processes, shearing processes (stamping, piercing, blanking), and drawing processes (bar and tube drawing, wire drawing, spinning) . 44. Inspection equipment for metal products. 45. Die casting. 46. Machine tool coolant sumps, coolant recycling and processing tanks and equipment and water soluble machining coolant emissions from general machining operations which emit to the interior ofthe facility. 47 . Conveying and storage ofplastic pellets. 48. Plastic compression, injection, and transfer molding and extrusion, rotocasting, pultrusion, blowmolding, excluding acrylics, PVC, polystyrene and related copolymers and the use of plasticizer that emit no VOCs or HAPs. Only oxygen, carbon dioxide, nitrogen, air, or inert gas allowed as blowing agents. 49. Plastic pipewelding.

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50 . Wax melting andwax application equipment. 51 . Ultraviolet curing processes that emit no VOCs or HAPs. 52. Hot melt adhesive application with no VOCs or HAPs inthe adhesive formulation. 53. Laundering, dryers, extractors, tumblers for fabrics, using water solutions of bleach and/or detergents. 54. Portable steamcleaning units. 55. Steam

sterilizers. 56. Sample gathering, preparation, management and sampling connections used exclusively to withdraw

materials for laboratory analyses and testing. 57. Fire fighting and similar safetyequipment usedto train fire fighters excluding fire drill pits. 58. Carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, shot blasting, shot peening, sintering or polishing; Ceramics, glass, leather, metals, plastics, rubber, concrete, paper stock or wood, also including cotton roll grinding and groundwood pulping stone sharpening provided that: a. Activity is performed indoors; and b. No fugitive particulate emissions enterthe environment. 59. Water blast cleaning and stripping operations that do not emit fugitive PM into the environment and do not create a nuisance. 60 . Slaughterhouse equipment except rendering cookers. 61 . Ozonation equipment. 62. Batchloading and unloading ofsolid phase catalysts. 63. Demineralization and oxygen scavenging (deaeration) ofwater. 64. Pulse capacitors. 65. Laser trimmers, using dust collection to prevent fugitive emissions that do not emit fugitive PM, VOCs or HAPs. 66. Plasma etcher and plasma spray unit, using dust collection to prevent fugitive emissions and using only oxygen, nitrogen, carbon dioxide, or inert gas that do not emit VOCs or HAPs. 67. Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy, e.g., blueprint activity, photocopiers, mimeograph, telefax, photographic developing and microfiche. 68. Packaging equipment that does not use VOC or HAPcontaining adhesives. 69 . Handling equipment and associated activities for glass and aluminumwhich is destined for recycling, not the re-fining process itself . 70 . Hydraulic and hydrostatic testing equipment. 71 . Batteries and batterycharging. 72. Porcelainandvitreous enameling equipment. 73. Salt baths using nonvolatile salts and not used in operations which results in air emissions. 74. Shock chambers. 75. Wire strippers that do not emit PM, VOCs or HAPs. 76. Solar simulators. 76. Humidity and environmental chambers not using VOC or HAPgasses. 78. Steam

vents and leaks. 79. Air compressors, pneumatically operated equipment, systems and hand tools and centrifuges used for compressing air and the related compressed air system . 80. Recovery boiler blow-down tank. 81 . Demineralizer tanks. 82. Clean condensate tanks. 83. Alum

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84. Broke beaters, repulpers, pulp and repulping tanks, stock chests and bulk pulp handling, process water andwhite water storage tanks not associated with requirements in 40CFRPart 63. 85. Lime mud filtrate tanks, lime mud water, lime mud filter, lime grits washers, filters and handling. 86. Hydrogen peroxidetanks. 87. Smelt viewing ports. 88. Causticizers and white liquor clarifiers and storage tanks and associated pumping, piping, and handling. 89. Vacuum

cleaning equipment and operations where the fugitive emissions are indoors. 90 . Winders, slitters, calenders, supercalenders, and paper roll wrapping operations. 91 . Debarking. . 92. Wastewater treatment lagoon pond dredging, screw press vents and sludge dewatering and handling. 93. Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation. 94. Oil filled circuit breakers, oil filled transformers and other equipment that is analogous to, but not considered to be, a tank. 95. Electric orsteam-heated drying ovens and autoclaves that emit only watervapor. 96. Oven exhaust where the ovenis used to dry water fromparts. 97. Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems not associated with requirements in 40 CFRPart 63.98.Sanitary sewer and stormsewer manholes, vents and drains. 99. Water cooling towers processing exclusively noncontact cooling water to which a source does not add VOCs or HAPs in excess ofthe levels in Section CofAppendix B . 100.Emissions from

water storage tanks in air emission control systems utilizing awetting process. lO1 .Ventilating and exhaust systems for laboratory hoods used. a. By colleges, primary, or secondary schools used only for academic purposes. b. By hospitals and medical care facilities used for medical care purposes only. c. By pulp and paper mills; including pulp testing labs, paper testing labs, analytical labs, water treatment labs, and coating labs. 102.Chemical, metallurgical, or physical analytical laboratory operations or equipment including fume hoods and vacuum pumps. 103.Emissions fromlaboratory electric hot air drying ovens fororiented strand board quality testing. 104.Kilns or ventilating hoods for art or ceramic curricula at colleges, primaryor secondary schools. 105.Abandoned stackthat has not been capped off. 106.Machining coolants used in super abrasive machining operations. 107.Chip/barkpiles and log storage yards wherenatural drying ofwood occurs. 108.Ash and lime storage piles. 109.Emissions fromtownpermitted open burning ofwood or grass. 110.Emissions fromlog hot ponds. ll I .Oriented strand board storage and handling. 112.Conveying ofwood chips. 113.Log sawing. 114.Temporary air emission related activities to be located at a licensed facility which are granted approval from

the Department. 115. Maintenance brazing, soldering and welding equipment and oxygen-hydrogen cutting torches, for use in cutting metal where in components ofthe metal do not generate significant HAPs or HAPprecursors in excess ofthe threshold in Appendix B Section Cofthis Chapter.

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B . Units and Activities defined as Insignificant based on Size or Production Rate The following units and activities are insignificant based on size or production and shall be listedon the Chapter 140license application, but may not be included inthe Chapter 140license. l . Processes, individual emission units, facilities or activities with the potential to emit less than each ofthe following thresholds: a. one (1) tonper year ofany single regulated criteria pollutant for any process; b. four (4) tons per yeartotal regulated criteria pollutants for any process; c. one (1) tonper year total HAPS for any individual emission unit or activity; and d. the applicable quantity of HAPS for any facility and emission unit as specified in Section C ofthis Appendix. 2. Fuel burning equipment, including sludge dryers but excluding incinerators and stationary internal combustion engines, with a maximum design heat input ofless than 3.0 MMBtu/hr firing fuel with a sulfur content less than 0.35% . Note: Units may still be subject to the requirements ofChapters 101 and 103. 3. Stationary Internal Combustion Engines with a maximumdesign heat input of less than 3.0 MMBtu/hr firing fuel with a sulfur content less than 0.05% . Note: Units may still be subject to the requirements ofChapters 101 and 103. 4. Temporary fuel burning equipment less than 10.0 MMBtu/hr heat input installed for maintenance shut-downs, not to be used for primary steam, heating or electrical generation needs, firing fuel with a sulfur content less than 0.05%, and if rented or leased less than 4 weeks per unit per calendar year. Note: Units may still be subject to the requirements ofChapters 101 and 103. 5. Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than two hundred sixty gallon capacity (35 cubic feet), heated only to the minimum

extent to avoid solidification if necessarywith a vp up to 550 mm Hg at 21°C. 6. Operation, loading and unloading of storage tanks, not greater than one thousand one hundred gallon capacity with lids, vapor return, or other appropriate closure, , maximum vp 550 mmHg at 21°Cand is not subject to Part 63 requirements. 7. Operation, loading and unloading ofVOC storage tanks (including petroleumstorage tanks), ten thousand gallons capacity or less, with lids, vapor return or other appropriate closure, vp not greater than 80nun Hg at 21°Candis not subject to Part 63 requirements. 8. Operation, loading and unloading storage of butane, propane, or liquefied petroleumgas (LPG) tanks having a capacity under forty thousand gallons. 9. Foundry sand molds, unheated and using binders with less than 0.25%free phenol by sand weight. 10 . Parylene coaters using less than five hundred gallons ofcoating per year. 11 . Coating, printing and silkscreening using less than 50 gallons per year (combined) of VOC or HAPcontaining coating. 12. Water cooling towers and ponds, not using chromium-based corrosion inhibitors, not used with barometric jets or condensers, not greater than ten thousand gpm, not in direct contact with gaseous or liquid process streams containing regulated air pollutants. 13. Batch solventdistillation, not greater than fifty-five gallons batchcapacity. 14. Municipal and industrial water chlorination facilities of not greater than twenty million gallons per day capacity. The exemption does not apply to waste water treatment (see next item) . 15. Municipal and industrial waste water chlorination facilities of not greater than one million gallons per day capacity.

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16. Water and wastewater treatment units, provided the facility performs only the following function of disinfecting, softening, filtration, flocculation, stabilization, taste and odor control, clarification, carbonation, sedimentation, and neutralization. 17. Surface coating and painting processes which exclusively use non-refillable aerosol cans that emit less than 100 pounds ofVOCperyear. 18. Tanks, vessels, and pumping equipment, with lids or other appropriate closure for storage or dispensing ofaqueous solutions of inorganic salts, bases and acids excluding: a. 99%orgreater H2SO4 or H3P04 b. 70%or greater HN03 c. 30%or greater HCl d. More than one liquid phase where the top phase is more than one percent VOC 19. Equipment used exclusively to pump, load, unload or store high boiling point organic material, material with initial boiling point (IBP) not less than 150°C or vp not more than 5 mm Hg at 21°C with lids or other appropriate closure. 20 . Smokehouses under twenty square feet. 21 . Milling andgrinding activities, using paste-formcompounds with less than one percent VOCs. 22. Cleaning and stripping activities and equipment, using solutions having less than one percent VOCs and HAPs by weight. On metallic substrates, acid solutions are not considered for listing as insignificant. 23. Storage and handling of water based lubricants for metal working where the organic content of the lubricant is less than tenpercent. 24. Nondestructive inspection fluids and powders where the VOCcontent is less than 3.5 lb/gal and fugitive dust equipment is used provided no morethan 50 gallons per yearare used. 25. Salt cake mix tanks with TRS emissions less than 0.751bs./hr. C . Insignificant HAPThresholds Aunit under Chapter 140, Appendix B, Section A34 and 99 and Chapter 140, Appendix B Section B(1)(d) would be considered insignificant under the following thresholds. Legend: UR = Based on the unit risk value

DEF=1 = Used for carcinogens where no URexists Rfc = Basedon reference concentration in IRIS Unit CAS # Chemical Name Basis Total (lb/yr) 1 79345 1,1,2,2-TETRACHLOROETHANE UR 60.00 2 79005 1,1,2-TRICHLOROETHANE UR 200.00 3 57147 1,1-DIMETHYL HYDRAZINE UR 1 .60 4 120821 1,2,4-TRICHLOROBENZENE CS 2000.00 5 96128 1,2-DIBROMO-3-CHLOROPROPANE UR 1 .60 6 122667 1,2-DIPHENYLHYDRAZINE UR 18.00 7 106887 1,2-EPOXYBUTANE DEF=1 2000.00 8 75558 1,2-PROPYLENIMINE (2-METHYL AZIRIDINE) UR 0.60 9 189559 1,2:7,8-DIBENZOPYRENE GWP 2.00 10 _ _ 106990 (1,3-BUTADIENE ~ UR ~ 14.00~

Chapter 140: Part 70Air Emission License Regulations -64-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

11 542756 1,3-DICHLOROPROPENE DEF=1 200.00 12 1120714 1,3-PROPANE SULTONE UR 6.00 13 106467 1,4-DICHLOROBENZENE(P) UR 600.00 14 123911 1,4-DIOXANE (1,4-DIETHYLENEOXIDE) UR 1200.00 15 540841 2,2,4 - TRIMETHYLPENTANE DEF=5 2000.00 16 1746016 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN UR 0.00 17 584849 2,4 -TOLUENE DIISOCYANATE ACUTE 200.00 

### 18 88062 2,4,6-TRICHLOROPHENOL UR 1200.00 19 94757 2,4-D, SALTS, ESTERS(2,4-DICHLOROPHENOXY

ACETICAC CS 2000.00 20 51285 2,4-DINITROPHENOL CS 2000.00 21 121142 2,4-DINITROTOLUENE UR 4.001 22 95807 2,4-TOLUENE DIAMINE UR 4.00' 23 53963 2-ACETYLAMINOFLUORINE UR 1 .00! 24 532274 2-CHLOROACETOPHENONE RfC 1200.00I 25 110805 2-ETHOXY ETHANOL CAP-RfC 2000.00', 26 108864 2-METHOXY ETHANOL CAP-RfC 2000.00 27 79469 2-NITROPROPANE DEF=1 200.00 28 119904 3,3'-DIMETHOXYBENZIDINE UR 20.00 29 119937 3,3'-DIMETHYL BENZIDINE UR 1 .60! 30 91941 3,3-DICHLOROBENZIDENE UR 40.00 31 92933 4 - NITROBIPHENYL DEF=1 2000.00 32 100027 4 - NITROPHENOL DEF=5 2000.00 33 101144 4,4-METHYLENE BIS(2-CHLOROANILINE) UR 40.00 34 534521 4,6-DINITRO-O-CRESOL, AND SALTS ACUTE 200.00 35 57976 7,12-DIMETHYLBENZ(A)ANTHRACENE GWP 2.00 36 75070 ACETALDEHYDE UR 1800.00 37 75058 ACETONITRILE RfC 2000.00 38 98862 ACETOPHENONE CS 2000.00 39 107028 ACROLEIN RflC 80.00 40 79061 ACRYLAMIDE UR 4.00 41 79107 ACRYLIC ACID RfC 1200.00 42 107131 ACRYLONITRILE UR 60.00 43 107051 ALLYL CHLORIDE DEF=1 200.00 44 62533 ANILINE UR 200.00 45 8888881

0 ANTIMONY COMPOUNDS (EXCEPTTHOSE SPECIFICALLYLIST DEF=5 2000.00 46 7783702 ANTIMONY PENTAFLUORIDE ACUTE 200.00 47 2830074

5 ANTIMONY POTASSIUM TARTRATE CS 2000.00I 48 1309644 ANTIMONY TRIOXIDE DEF=1 200.00 49 1345046 ANTIMONY TRISULFIDE CS 200.00 50 9999990

4 ARSENICANDINORGANICARSENICCOMPOUNDS UR 0.92 51 7784421 ARSINE UR 1 .00 52 1332214 ASBESTOS 0.00 53 56553 BENZ A ANTHRACENE GWP 2.00 Chapter 140

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54 225514 BENZ(C)ACRIDINE GWP 2.00 55 71432 BENZENE UR 400.00 56 92875 BENZIDINE UR 0.06 57 50328 BENZO(A)PYRENE UR 2.00 58 205992 BENZO(B)FLUORANTHENE GWP 2.00 59 98077 BENZOTRICHLORIDE UR 12.00 60 100447 BENZYL CHLORIDE ACUTE 200.00 61 7440417 BERYLLIUM COMPOUNDS (EXCEPT BERYLLIUM SALTS) UR 1 .60 62 8888880

4 BERYLLIUM

SALTS 0.00 63 92524 BIPHENYL CS 2000.00 64 117817 BIS(2-ETHYLHEXYL)PHTHALATE (DEHP) UR 1000.00 65 542881 BIS(CHLOROMETHYL)ETHER UR 0.06 66 75252 BROMOFORM CAP-UR 2000.00 67 8888880

6 CADMIUM

COMPOUNDS UR 2.00 68 156627 CALCIUM CYANAMIDE CS 2000.00 69 105602 CAPROLACTAM CS 2000.00 70 133062 CAPTAN CAP-UR 2000.00 71 63252 CARBARYL CS 2000.00 72 75150 CARBON DISULFIDE CS 2000.00 73 56235 CARBONTETRACHLORIDE UP, 280.00 74 463581 CARBONYL SULFIDE DEF=5 2000.00 75 120809 CATECHOL DEF=5 2000.00 76 57749 CHLORDANE GWP 2.00 77 7782505 CHLORINE ACUTE 200.00 78 79118 CHLOROACETICACID ACUTE 200.00 79 108907 CHLOROBENZENE CS 2000.00 80 510156 CHLOROBENZILATE UR 80.00 81 67663 CHLOROFORM UR 172.00 82 107302 CHLOROMETHYL METHYL ETHER ACUTE 200.00 83 126998 CHLOROPRENE DEF=1 2000.00 84 218019 CHRYSENE GWP 2.00 85 7440484 COBALT ANDCOMPOUNDS (EXCEPT THOSE

SPECIFICALLYLI CS ' 200.00 86 1021068

1 COBALT CARBONYL ACUTE 200.00 87 9999990

8 COKE OVENEMISSIONS UR 6.00 88 1319773 CRESOLS/CRESYLIC ACID (ISOMERS AND

MIXTURE) DEF=1 200.00 89 98828 CUMENE CS 2000.00 90 8888881

2 CYANIDE COMPOUNDS (EXCEPT THOSE SPECIFICALLY LISTE DEF=5 2000.00 91 72559 DDE (P,P'-

DICHLORODIPHENYLDICHLOROETHYLENE) GWP 2 .00 Chapter 140: Part 70Air Emission License Regulations -66-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

92 53703 DIBENZ(AH)ANTHRACENE GVWP 2.00 93 132649 DIBENZOFURAN DEF=5 2000.00 94 84742 DIBUTYLPHTHALATE CS 2000.00 95 111444 DICHLOROETHYL ETHER (BIS(2- UR 12.00

CHLOROETHYL)ETHER) 96 62737 DICHLORVOS UR 40.00 97 11422 DIETHANOLAMINE DEF=5 2000.00 98 60117 DIMETHYL AMINOAZOBENZENE DEF=1 200.00 99 79447 DIMETHYL CARBAMOYL CHLORIDE CAP-UR 4.00 10 68122 DIMETHYL FORMAMIDE DEF=1 2000.00 0 10 131113 DIMETHYL PHTHALATE CS 2000.00 1 10 77781 DIMETHYL SULFATE ACUTE 200.00 2 10 106898 EPICHLOROHYDRIN RfC 2000.00 3 10 140885 ETHYL ACRYLATE UR 200.00 4 10 100414 ETHYL BENZENE CAP-RfC 2000.00 5 10 51796 ETHYL CARBAMATE (URETHANE) UR 160.00 

### 6 10 75003 ETHYL CHLORIDE CAP-RfC 2000.00 7 10 106934 ETHYLENE DIBROMIDE (DIBROMOETHANE) UR 20.00I 8 ' 10 107062 ETHYLENE DICHLORIDE (1,2-DICHLOROETHANE) UR 152.00 

### 9 11 107211 ETHYLENE GLYCOL CS 2000.00' 0 11 111762 ETHYLENE GLYCOL MONOBUTYL ETHER CS 2000.00 

### 1 11 151564 ETHYLENE IMINE (AZIRIIDINE) UR 6.00 2 11 75218 ETHYLENE OXIDE ACUTE 20.00 3 I 11 96457 ETHYLENE THIOUREA UR 120.00!, 4 11 75343 ETHYLIDENE DICHLORIDE (1,1- DEF=1 200.00 5 DICHLOROETHANE) 11 6220776 FLUOMINE ACUTE 200.00, 6 5 11 50000 FORMALDEHYDE UR 1600.00I 7 11 8888881 GLYCOL ETHERS (EXCEPTTHOSE SPECIFICALLY I DEF=5 2000.00 8 3 LISTED)* Chapter 140: Part 70Air Emission License Regulations -67-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

11 76448 HEPTACHLOR UR 4.00 9 12 118741 HEXACHLOROBENZENE GWP 2.00 0 12 87683 HEXACHLOROBUTADIENE UR 180.00 1 12 77474 HEXACHLOROCYCLOPENTADIENE ACUTE 200.00 2 12 67721 HEXACHLOROETHANE UR 1000.00 

### 3 12 822060 HEXAMETHYLENE,-l, 6 -DIISOCYANATE RfC 40.00 4 12 110543 HEXANE CAP-RfC 2000.00 5 12 8888880 HEXAVALENT CHROMIUM COMPOUNDS UR 0.36 

### 6 5 12 302012 HYDRAZINE UR 0.80 7 12 7647010 HYDROCHLORICACID CAP-RfC 2000.00 8 12 7664393 HYDROGENFLUORIDE ACUTE 200.00 9 13 123319 HYDROQUINONE DEF=1 2000.00 

### 0 13 193395 INDENO(1,2,3-CD)PYRENE GVWP 2.00 1 13 78591 ISOPHORONE CAP-UR 2000.00 2 13 8888880 LEADANDCOMPOUNDS (EXCEPT FORTHOSE GWP 20.00 3 8 SPECIFICALLY 13 58899 LINDANE (HEXACHLORCYCLOHEXANE, GAMMA) GWP 2.00 4 13 108316 MALEICANHYDRIDE CS 2000.00 5 13 7439965 MANGANESE ANDCOMPOUNDS RfC 1600.00 

### 6 13 748794 MERCURICCHLORIDE GWP 20.00 7 13 1004594 MERCURICNITRATE GWP 20.00 

### 8 0 13 8888881 MERCURY COMPOUNDS (EXCEPT THOSE GWP 20.00 9 4 SPECIFICALLY LISTE 14 67561 METHANOL CS 2000.00 0 14 72435 METHOXYCHLOR CS 2000 .00 

### 1 14 74839 METHYL BROMIDE (BROMOMETHANE) RfC 2000.00 2 Chapter 140 : Part 70Air Emission License Regulations

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14 74873 METHYL CHLORIDE (CHLOROMETHANE) CAP-UR 2000.00 3 14 1 71556 METHYL CHLOROFORM(1,1,1- CS 2000.00 4 TRICHLOROETHANE) 14 78933 METHYL ETHYL KETONE (2-BUTANONE) CAP-RfC 2000.00 5 14 60344 METHYL HYDRAZINE UR 12.00 

### 6 14 74884 METHYL IODIDE (IODOMETHANE) DEF=1 200.00 7 14 108101 METHYL ISOBUTYL KETONE CS 2000.00 8 14 624839 METHYL ISOCYANATE ACUTE 200.00 9, 15 80626 METHYL METHACRYLATE CS 2000.00 0 15 1 1634044 METHYL TERT-BUTYL ETHER CAP-RfC 2000.00 1 15 1210813 METHYLCYCLOPENTADIENYL MANGANESE ACUTE 200.00 2 3 15 75092 METHYLENE CHLORIDE (DICHLOROMETHANE) CAP-UR 2000.00 3 15 101688 METHYLENE DIPHENYL DIISOCYANATE CS 200 .00 4 15 8888880 MINERAL FIBERCOMPOUNDS 0.00 5 9 15 121697 N,N-DIMETHYLANILINE CS 2000 .00 6 15 684935 N-NITROSO-N-METHYLUREA UR 0.04 7 15 62759 N-NITROSODIMETHYLAMINE UR 0.20 8 15 91203 NAPHTHALENE CS 2000.00 9 16 1346339 NICKEL CARBONYL ACUTE 20 .00 0 3 16 8888880 NICKEL COMPOUNDS (EXCEPT THOSE DEF=l 2000.00 1 7 SPECIFICALLY LISTED I 16 1203572 NICKEL REFINERY DUST UR 16.00 2 2 16 8888881 NICKEL SUBSULFIIDE UR 8.00 

### 3 7 16 98953 NITROBENZENE CS 2000 .00 4 16 56382 PARATHION ACUTE 200 .00 

### 5 16 82688 PENTACHLORONITROBENZENE J UR 60 .00 6 (QUINTOBENZENE) Chapter 140

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16 87865 PENTACHLOROPHENOL UR 140.00 7 16 108952 PHENOL CS 200.00 8 16 62384 PHENYL MERCURICACETATE GWP 20.00 9 17 75445 PHOSGENE ACUTE 200.00 

### 0 17 7803512 PHOSPHINE DEF=5 2000.00 1 17 7723140 PHOSPHOROUS ACUTE 200.00 2 17 85449 PHTHALICANHYDRIDE DEF=5 2000.00 3 17 1336363 POLYCHLORINATED BIPHENYLS (AROCLORS) UR 1 .80 4 17 8888881 POLYCYCLICORGANICMATTER (POM) GWP 2.00 5 5 17 151508 POTASSIUM CYANIDE ACUTE 200.00 6 17 123386 PROPIONALDEHYDE DEF=5 2000.00 7 17 78875 PROPYLENE DICHLORIDE (1,2- UR 200.00 8 DICHLOROPROPANE) 17 75569 PROPYLENE OXIDE UR 1000.00 9 18 91225 QUINOLINE UR 1 .20 

### 0 18 106514 QUINONE DEF=5 2000.00 1 18 9999991 RADIONUCLIDES (INCLUDING RADON) 0.00 2 8 18 7782492 SELENIUM ANDCOMPOUNDS (EXCEPT THOSE CS 200.00 3 SPECIFICALLY 18 7488564 SELENIUM SULFIDE (MONOANDDI) CS 20.00 4 18 143339 SODIUM CYANIDE ACUTE 200 .00 5 18 100425 STYRENE DEF=1 200.00 6 18 127184 TETRACHLOROETHYLENE CAP-UR 40.00 7 (PERCHLOROETHYLENE) 18 78002 TETRAETHYL LEAD GWP 200.00 8 18 75741 TETRAMETHYL LEAD GAP 200.00 

### 9 19 7550450 TITANIUM TETRACHLORIDE ACUTE 200.00 0 Chapter 140 : Part 70 Air Emission License Regulations

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19 108883 TOLUENE CAP-RfC 2000.00 1 19 8001352 TOXAPHENE (CHLORINATEDCAMPHENE) GWP 2.00 2 19 79016 TRICHLOROETHYLENE CAP-UR 800.00 3 19 121448 TRIETHYLAMINE CAP-RfC 2000.00j 4 19 1582098 TRIFLURALIN UR 1800.00 5 19 8888881 TRIVALENT CHROMIUM COMPOUNDS DEF=5 8.00 6 6 19 108054 VINYL ACETATE DEF=1 2000.00 7 19 593602 VINYL BROMIDE (BROMOETHENE) UR 120.00 8 19 75014 VINYL CHLORIDE UR 40.00 9 20 75354 VINYLIDENE CHLORIDE (1,1- UR 80.00 0 DICHLOROETHYLENE) 20 1330207 XYLENES (ISOMERS ANDMIXTURE) CS 2000.00 1 20 57578 BETA-PROPIOLACTONE ACUTE 200.00 2 20 108394 M-CRESOL DEF=1 200.00 3 20 108383 M-XYLENES CS 2000.00 4 20 95487 O-CRESOL DEF=1 200.00 5 20 95534 O-TOLUIDINE DEF=1 800.00 6 20 95476 O-XYLENES CS 2000.00 7 20 106445 P-CRESOL DEF=1 200.00 8 20 106503 P-PHENYLENEDIAMINE CS 2000.00 9 21 106423 P-XYLENES CS 2000.00 0 21 101779 4,4'-METHYLENEDIANILINE DEF=1 2000.00 1 21 92671 4-AMINOBIPHENYL DEF=1 2000.00 2 21 96093 STYRENE OXIDE DEF=1 2000.00 3 21 64675 DIETHYL SULFATE DEF=1 2000.00 4 Chapter 140: Part 70Air Emission License Regulations -71-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

21 59892 N-NITROSOMORPHOLINE DEF=1 2000.00 5 21 680319 HEXAMETHYLPHOSPHORAMIDE RfC 20.00 6 21 60355 ACETAMIDE DEF=1 2000.00 7 21 90040 O-ANISIDINE DEF=1 2000.00 8 21 334883 DIAZOMETHANE DEF=1 2000.00 9 22 95954 2,4,5-TRICHLOROPHENOL DEF=1 2000.00 0 22 133904 CHLORAMBEN DEF=1 2000.00 1 22 1002573 CHROMIC CHLORIDE ACUTE 200.00 2 7 22 7783075 HYDROGENSELENIDE ACUTE 200.00 3 22 1341001 SODIUM SELENATE ACUTE 200.00 4 0 22 1010218 SODIUM SELENITE ACUTE 200.00 

### 5 8 22 1306190 CADMIUM OXIDE UR 20.00 

### 6 22 114261 PROPOXUR (BAYGONE) DEF=1 200.00 7

Chapter 140: Part 70Air Emission License Regulations -72-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

CHAPTER 140 APPENDIX C APPLICATION SUBMITTAL SCHEDULE FORINITIAL PART 70 LICENSES 1. Transition Plan The Department has established a two phased schedule, based on counties and types offacilities, for calling in and actingon complete Part 70license applications. The facility owners shall be required to submit a complete Part 70 license applicationwithin the time frame specified in this Appendix. This schedule ensures that final action will be taken on applications for Part 70 licenses within five years after approval of Maine's operating permits programby the EPA

. This schedule also ensures that at least sixty percent of the Part 70 licenses are acted upon by the Department over the first three years and that this represents at least eighty percent of the total emissions fromfacilities subject to this Chapter and categorized by the submittal schedule in this Appendix. The Department shall act on all Part 70 license applications over a five year period commencing on the date of EPA's approval of Maine's operatingpermit program . A . New sources issued a license or Minor sources issued a license modification pursuant to Chapter 115 after the effective date ofChapter 140, which cause the source to become subject to Chapter 140 shall submit a complete application for an initial Part 70license pursuant to Section 4 ofthis Chapter within twelve (12) months after the source begins initial startup of the new source or modification. B . Applications for license modifications or new sources submitted and determined complete by the Department prior to the EPA's approval ofthe Department's operating programwill be accepted and processed bythe Department under Chapter 115 ofthe Department Regulations. C . Applications for license modifications submitted and determined complete by the Department prior to the facility having been issued a Part 70 License and after the EPA's approval of the Department's permitting programwill be accepted and processed by the Department under either Chapter 115 or Chapter 140ofthe Department Regulations. D . Applications for newPart 70 sources submitted after the EPA's approval of the Department's permitting programwill be accepted and processed at the time of application submittal by the Department under Chapter 140 ofthe Department Regulations. E. Applications for initial Part 70 licenses will be accepted and processed at the time ofapplication submittal by the Department under Chapter 140ofthe Department Regulations.

Chapter 140

: Part 70Air Emission License Regulations

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F. Expiration terms of facilities existing air emission licenses issued under Chapter 115 shall remain in effect until the date upon which a facility is issued a Part 70 license pursuant to this Chapter. G . If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source more than 12 months prior to the scheduled submittal of a Phase II application as established in this section, the applicant must submit a complete application for processing under Chapter 115 of the Department Regulations within the six (6) months following EPA's promulgation of the HAP emission limitation. If EPA fails to promulgate a MACT emission limitation applicable to a source category or subcategory by the date scheduled for promulgation pursuant to Section 112(e) ofthe CAA, the applicant must submit the complete Phase II application for their initial Part 70 license in accordance with the schedule set forth in Section 6 (HAP Emission Limitations) ofChapter 140 or as required pursuantto this section, whichever is earlier. If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source after that source has submitted a Phase II application, but before a license has been issued, the part 70 HAP source must submit the information required under this Chapter relating to the HAP standard within six months following EPA's promulgation ofthe HAP emission limitation. If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAPsource less than twelve months prior to the scheduled submittal date for a PhaseII application, as established in this section, the applicant must submit the information required under this Chapter relating to the HAP standard within six months following EPA's promulgation of the HAP emission limitation, or by the application date established in this section, whichever is later. An application shall be considered complete as ofthe phase II application date provided all other information required by this Chapter is submitted by the scheduled Phase II application date. 2. Phase I Submittal Within twelve months after EPA's approval ofMaine's operating permit programall facilities subject to Chapter 140 shall provide Phase I submittal information sufficient to allowthe Department to commence reviewofthe facility. Those facilities that are required to submit a Phase II application for an initial Part 70 license within twelve months of the effective date of Chapter 140 shall also be required to submit the Phase I application pursuant to the PhaseII submittal schedule. The information contained in the Phase I submittal shall include, at a minimum, the following: Phase I Submittal Information A . Name and phone numberofthe responsible official ; B . Facility identification and location (includingtopographical maps withthe site marked) ; C . Description offacilityactivities (including SICcodes) ; D . Identification of regulated pollutants (Chemical Abstract Service (CAS) number and quantity in tons per year) ; E. Identification ofApplicable requirements; F. Definition ofcompliance status (to include compliance schedule as necessary) ; and

Chapter 140

: Part 70Air Emission License Regulations

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G . Certification ofcompliance status withrespect to Applicable requirements. 3. Phase Il Submittal Phase II ofthe application submittal shall contain all of the remaining elements identified in Section 3 ofChapter 140. The Phase II submittal schedule is as follows: A . Within ten (10) months or less ofthe effective date of Chapter 140, owners and/or operators of facilities located in the following counties shall submit a complete Phase II application for their Part 70license: York, Cumberland, Oxford, and Sagadahoc. B. Within twelve (12) months or less ofthe effective date of Chapter 140, owners and/or operators of facilities located in the following counties shall submit a complete Phase II application for their initial Part 70 license: Androscoggin, Somerset, and Franklin. C. Within twenty four (24) months or less of the effective date of Chapter 140, owners and/or operators of facilities located in the following counties shall submit a complete Phase II application for their Initial Part 70license: Kennebec, Knox, Lincoln, and Penobscot. D . Within thirty six (36) months or less of the effective date of Chapter 140, owners and/or operators of facilities located in the following counties shall submit a complete Phase II application for their Initial Part 70license: Piscataquis, Waldo and Hancock. E. Within forty eight (48~) months or less of the effective date of Chapter 140, owners and/or operators of facilities located in the following counties shall submit a complete Phase II application for their Initial Part 70license: Washington and Aroostook. F. Existingmunicipal waste combustor facilities subject to 40CFRPart 60, Subpart Cb shall submit a complete Phase II application for their initial Part 70license no later than June l, 1997. G . The Department shall determine, based on inspection ofthe facility and examination ofsimilarity ofthe facility to other facilities, which county or MACT category a facility belongs to, in the event of uncertainty as towhich county or MACT category applies.

Chapter 140

: Part 70Air Emission License Regulations

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