Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 115 - MAJOR AND MINOR SOURCE AIR EMISSION LICENSE REGULATIONS › Section 096-115-3 - Process for Renewal of a Minor Source License

Current through 2024-29, July 17, 2024
A.
Applicability.
The following procedures shall be used for existing
				minor sources applying for the renewal of a license.
B.
Schedule.
If the applicant is
				applying for a renewal of a license, a complete application must be submitted
				prior to the expiration date of the existing license.
C.
Public Notice of Intent to File.
The applicant shall give Public Notice of Intent to File as stated in
				subsection 2(D) of this Chapter.
D.
Required Application Information.
For a renewal of a license, the
				applicant shall submit to the Department the information listed below:
(1) The application form and applicable
				information as specified in subsection 2(B) of this Chapter, containing all
				required information;
(2) A Best
				Practical Treatment (BPT) analysis as described below:
BPT. Emissions from existing sources undergoing renewal of a
				  minor source license shall be deemed to be receiving best practical treatment
				  if those emissions are being controlled by pollution control apparatus that has
				  been approved by the Department and 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 of similar
				  age and design in similar industries. BPT may require the use of additional
				  instrumentation, operating practices, best management practices, fuel content
				  requirements, good combustion techniques, automated process controls, upgrading
				  of component parts, emissions testing, requirements for continuous emission
				  monitors, maintenance programs for air pollution control equipment, or
				  recordkeeping to demonstrate performance of air pollution control systems or
				  other mitigating measures.
For emissions from existing sources for which BPT was
				  determined less than 15 years prior to the date of license application
				  acceptance by the Department, the applicant shall submit a summary of the
				  pollution control apparatus for those emission sources.
If BPT was determined 15 years or more from the date of
				  license application acceptance by the Department, the applicant must
				  demonstrate that each emission unit is receiving BPT and such demonstration
				  shall consider the emission limit for which the air pollution control system
				  was designed, the emission limitations adopted by the Department and in effect
				  at the time of submission of an application for renewal, as well as the
				  reliability, age, and life expectancy of the air pollution control
				  system.
For some existing sources, a simple certification attesting
				  the source is meeting BPT may be submitted for Department approval.
BPT shall not require the use of a lower sulfur content fuel
				  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 solely 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 following conditions:
(a) The applicant is proposing replacement of
				the existing air pollution control equipment;
(b) Any emissions unit violates the
				applicable emission limitation;
(c)
				Additional reductions are necessary to achieve or maintain ambient air quality
				standards;
(d) The Department
				determines that previously uncontrolled emissions should be controlled in order
				to prevent an unreasonable risk to the environment or public health;
(e) The Department determines that previously
				controlled emissions should be controlled to a greater efficiency considering
				the toxicity of regulated pollutants; or
(f) Additional reductions are necessary to
				restore ambient increment even if that ambient increment was previously
				authorized to the owner or operator of an existing source.
(3)
Reasonably Available Control
				Technology
. 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 with to meet RACT requirements.
(4)
Ambient Air Quality Impact
				Analysis
. If required by the Department pursuant to Section 7 of this
				Chapter, the applicant shall submit the results of any ambient air quality
				impact analyses.
(5) The
				certification of the responsible official pursuant to subsection 2(C) of this
				Chapter and a copy of the published Public Notice of Intent to File (cut or
				copied from the newspaper in which it was printed) pursuant to subsection 2(D)
				of this Chapter.