Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 149 - GENERAL PERMIT REGULATION FOR NONMETALLIC MINERAL PROCESSING PLANTS › Section 096-149-5 - General Permit Conditions for Operators

Current through 2024-29, July 17, 2024
A.
General Conditions
(1)
				Employees and authorized representatives of the Department shall be allowed
				safe access to the operator's business premises during business hours, any time
				during which any emissions units are in operation, and at such other times as
				the Department deems necessary for the purpose of performing tests, collecting
				samples, conducting inspections, or examining and copying records relating to
				emissions (Title 38 MRSA §347-C). Prior to entrance to the premises, the
				Department shall notify the operator, and the operator, or a designee, shall
				provide safe access that complies with safety requirements of all local, state,
				and federal regulating authorities as well as the written safety standard
				operating procedures for that facility.
(2) The operator shall establish and maintain
				a continuing program of best management practices for suppression of fugitive
				particulate matter during any period of construction, reconstruction, or
				operation which may result in fugitive dust, and shall submit a description of
				the program to the Department upon request.
(3) The CIN does not convey any property
				rights of any sort, or any exclusive privilege.
(4) The operator shall maintain and operate
				as necessary all emission units and air pollution systems required by the
				general permit in a manner consistent with good air pollution control practice
				for minimizing emissions.
(5) The
				operator shall maintain sufficient records to accurately document compliance
				with emission standards and general permit conditions and shall maintain such
				records for a minimum of six (6) years. The records shall be submitted to the
				Department upon written request.
(6) The operator shall comply with all
				applicable terms and conditions of this general permit. The filing of an
				appeal, the notification of planned changes or anticipated noncompliance, or
				the filing of an application for a license issued under the authority of 06-096
				CMR Ch. 115 shall not stay any condition of this general permit.
(7) The operator may not use as a defense in
				an enforcement action that the disruption, cessation, or reduction of
				operations would have been necessary in order to maintain compliance with the
				conditions of the general permit.
(8) In accordance with the Department's air
				emission compliance test protocol and 40 CFR Part 60 or other method approved
				or required by the Department, the operator shall:
(a) perform testing to demonstrate compliance
				with the applicable emission standards under circumstances representative of
				the facility's normal process and operating conditions:
(i) within sixty (60) calendar days of
				receipt of a notification to test from the Department or EPA, if visible
				emissions, equipment operating parameters, staff inspection, air monitoring or
				other cause indicate to the Department that equipment may be operating out of
				compliance with emission standards or license conditions; or
(ii) pursuant to any other requirement of
				this general permit to perform testing.
(b) install or make provisions to install
				test ports that meet the criteria of 40 CFR Part 60, Appendix A, and test
				platforms, if necessary, and other accommodations necessary to allow emission
				testing; and
(c) submit a written
				report to the Department within thirty (30) days from date of test
				completion.
(9) If the
				results of a test performed under circumstances representative of the
				facility's normal process and operating conditions indicate emissions in excess
				of the applicable standards, then:
(a) within
				thirty (30) days following receipt of such test results, the operator shall
				re-test the non-complying emission source under circumstances representative of
				the facility's normal process and operating conditions and in accordance with
				the Department's air emission compliance test protocol and 40 CFR Part 60 or
				other method approved or required by the Department;
(b) the days of violation shall be presumed
				to include the date of test and each and every day of operation thereafter
				until compliance is demonstrated under normal and representative process and
				operating conditions, except to the extent that the facility can prove to the
				satisfaction of the Department that there were intervening days during which no
				violation occurred or that the violation was not continuing in nature;
				and
(c) the operator may, upon
				obtaining an air emission license under the authority of 06-096 CMR Ch. 115 and
				following the successful demonstration of compliance at alternative load
				conditions, operate under such alternative load conditions on an interim basis
				in accordance with the air emission license prior to a demonstration of
				compliance under normal and representative process and operating
				conditions.
(10)Notwithstanding any other provisions in
				the State Implementation Plan approved by the EPA or Section 114(a) of the CAA,
				any credible evidence may be used for the purpose of establishing whether a
				person has violated or is in violation of any statute, regulation, or Part 70
				license requirement.
(11)The
				operator shall maintain records of malfunctions, failures, downtime, and any
				other similar change in operation of air pollution control systems or the
				emissions unit itself that would affect emissions and that is not consistent
				with the terms and conditions of this general permit. The operator shall notify
				the Department within two (2) days or the next state working day, whichever is
				later, of such occasions where such changes result in an increase of emissions.
				The operator shall report all excess emissions in the units of the applicable
				emission limitation.
(12)Upon
				written request from the Department, the operator shall establish and maintain
				such records, make such reports, install, use and maintain such monitoring
				equipment, sample such emissions (in accordance with such methods, at such
				locations, at such intervals, and in such a manner as the Department shall
				prescribe), and provide other information as the Department may reasonably
				require to determine compliance status.
(13)The operator shall make a copy of the
				NOITC available and provide it to Department employees upon request.
(14)The operator shall have the equipment
				operator(s) be familiar with the terms and conditions of this general
				permit.
(15)Notwithstanding any
				part of this regulation, the operator is subject to the applicable parts of
				06-096 CMR Ch. 101 and shall comply with suCh.