reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-11 - Pleadings

Current through 2024-29, July 17, 2024
A.
Filing.
An original and 15
				copies of all such motions, petitions, briefs and pre-filed testimony shall be
				filed with the Board by delivery to the Commissioner, Department of
				Environmental Protection, State House Station #17, Augusta, Maine,
				04333.
B.
Service.
A
				copy of all motions, petitions, briefs and pre-filed written testimony,
				permitted or required to be filed with the Board pursuant to these regulations,
				except briefs or proposed findings prepared by the Department, its consultants
				or counsel, shall be served upon parties in the proceeding or their
				representatives in the manner pursuant to Rule-4(d) of Maine Rules of Civil
				Procedure (Attached as Appendix A).
C.
Forms.
All pleadings shall be
				typewritten or printed on white opaque paper 8 1/2 x 11 inches in size, bound
				on the left margin. Typed matter shall be doubled spaced. The first page shall
				be headed by
STATE OF MAINE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
and shall have a caption with (1) the title of the matter
				  (e.g. in the Matter of John Jones, Violation of
				   38 M.R.S.A.
				  Section451 ) and (2) the title of the
				  document (e.g. Answer of John Jones). The final page shall be dated and signed
				  by the person who prepared such document.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-12 - Time Extension of Time Within Which to Comply with Orders

Current through 2024-29, July 17, 2024
A.
Generally.
In computing any
				period of time prescribed by statute or by these rules, Rules 6(a) and 6(e) of
				the Maine Rules of Civil Procedure shall apply. When by these rules or by law
				or order of the Board an act is required or allowed to be done at or within a
				specified time, the Board may for cause shown at any time within its discretion
				order the period enlarged if petition therefor is made before the expiration of
				the period originally prescribed; or upon petition made after the expiration of
				the period originally prescribed, where the failure to act was the result of
				excusable neglect.
B.
Petitions for Extensions of Time Within Which to Comply with Orders.
Any
				person affected by an order of the Board issued under these regulations may
				petition the Board for an extension of time within which to comply with the
				terms of such order. Such petition may be made no earlier than sixty (60) days
				before compliance with such order is required. Such a petition shall contain a
				concise statement by the petitioner of the facts which he believes warrant an
				extension; shall include, where appropriate, affidavits of engineers and
				contractors, engineering drawings and other material which will aid the Board
				in acting upon the petition, and shall state a definite date to which extension
				is desired.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-13 - Copies of Record

Current through 2024-29, July 17, 2024
Copies of the transcript of any hearing or evidence submitted
				  may be purchased through the Department or directly from the independent
				  official Board reporter provided that no undue burden is placed on the
				  Department in responding to such request, and further provided that such
				  materials are in a form or size susceptible of reproduction by photocopying or
				  similar means.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-14 - Signing of Pleading

Current through 2024-29, July 17, 2024
Every pleading of a Respondent shall be signed by such
				  Respondent or his attorney or representative. Such signature shall constitute a
				  certification by such person that he has read the pleading, that to the best of
				  his knowledge, information and belief there is good ground to support it, and
				  that it is not interposed for delay. If a pleading is not signed or is signed
				  with intent to defeat this rule, it may be stricken as sham and false and the
				  action may proceed as though the pleading had not been served and
				  filed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 40 - CONDUCT OF ENFORCEMENT HEARINGS › Section 096-40-15 - Effective Date

Current through 2024-29, July 17, 2024
These regulations shall be effective upon the date of filing
				  with the Secretary of State and shall replace Rules for the Conduct of
				  Enforcement Hearings effective May 15, 1973.
After public notice and public hearing November 21, 1977 the
				  above regulation is hereby adopted this 28th of December,
				  1977.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-1 - Applicability

Current through 2024-29, July 17, 2024
This Chapter applies to manufacturers, suppliers and
				  distributors of packaging and packaging components offered for sale or for
				  promotional purposes in the State of Maine.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-2 - Definitions

Current through 2024-29, July 17, 2024
For terms not defined in this Chapter, the definitions found
				  in 32
				  M.R.S. §§1732 apply. The following
				  terms, as used in this Chapter, have the following meanings:
A. Perfluoroalkyl and polyfluoroalkyl
				substances, PFAS. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS"
				means any member of the class of fluorinated organic chemicals containing at
				least one fully fluorinated carbon atom.
B. Phthalates. "Phthalates" means any member
				of the class of organic chemicals that are esters of phthalic acid and that
				contain two carbon chains located in the ortho position.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-3 - Prohibition of Sale of Packages Containing Heavy Metals

Current through 2024-29, July 17, 2024
A.
Prohibition of sale of packaging.
A manufacturer, supplier or
				distributor may not offer for sale or for promotional purposes a package or
				packaging component that includes inks, dyes, pigments, adhesives, stabilizers,
				or any other additives to which any lead, cadmium, mercury, or hexavalent
				chromium has been intentionally introduced during manufacturing or
				distribution. This prohibition does not apply to the incidental presence of any
				of these elements.
B.
Prohibition of sale of product in packaging.
A manufacturer or
				distributor may not offer for sale or for promotional purposes any product in a
				package that includes, in the package itself or any packaging components, inks,
				dyes, pigments, adhesives, stabilizers or any other additives to which any
				lead, cadmium, mercury or hexavalent chromium has been intentionally introduced
				during manufacturing or distribution. This prohibition does not apply to the
				incidental presence of any of these elements.
C.
Concentration levels.
The sum
				of the concentration levels of lead, cadmium, mercury, and hexavalent chromium
				that are incidentally present in any package or packaging component including
				the inks or adhesives affixed to such packaging or packaging component, may not
				exceed 100 parts per million by weight or 0.01%.
D.
Substitute materials.
No
				material used to replace lead, cadmium, mercury, or hexavalent chromium in a
				package or packaging component may be used in a quantity or manner that creates
				a hazard as great or greater than the hazard created by the lead, cadmium,
				mercury, or hexavalent chromium.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-4 - Prohibition of Sale of Food Packages Containing Phthalates

Current through 2024-29, July 17, 2024
A.
Sales
				Prohibition.
A manufacturer, supplier, or distributor may not offer for
				sale or for promotional purposes in the State a food package that includes
				inks, dyes, pigments, adhesives, stabilizers, coatings, plasticizers, or any
				other additives to which phthalates have been intentionally introduced in any
				amount greater than an incidental presence, except as provided in subsection B
				of this section.
B. This
				prohibition does not apply to a manufacturer of a food or beverage product that
				is contained in a food package or to which a food package is applied if that
				manufacturer has less than $1,000,000,000 of total annual national sales of
				food and beverage products.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-5 - Prohibition of Sale of Food Packages Containing PFAS

Current through 2024-29, July 17, 2024
A.
Sales
				Prohibition
. A manufacturer, supplier, or distributor may not offer for
				sale or for promotional purposes in the State food packaging intended for
				direct food contact comprised, in substantial part, of paper, paperboard, or
				other materials originally derived from plant fibers which are intended for
				short-term storage or to hold freshly prepared food, to which PFAS have been
				intentionally introduced in any amount greater than an incidental presence
				(except as provided in paragraph B of this section) and are one of the
				following:
1) bags and sleeves: bags and
				sleeves are containers made from flexible material that can be folded flat and
				are typically used to transport food from a foodservice establishment. Sleeves
				include sealed-end bags referred to as pinch-bottom bags.
2) bowls: an open-topped container with a
				wide rim opening and a bottom that allows spooning of food. These containers
				are typically designed to hold foods for serving that have a substantial liquid
				component; this includes portion cups.
3) closed containers: a container that
				encloses food on all sides, with interlocking pieces or overlapping walls which
				hold the container closed for transport. Examples include clamshells, food
				pails, bakery boxes, and deli containers.
4) flat serviceware: shallow, flat-bottomed
				containers with large surface areas used for serving and transporting food
				which have one large surface or multiple compartments to separate food items
				during food service. Examples include, but are not limited to, trays,
				cafeteria-style trays, and plates.
5) food boats: a type of tray with tall sides
				and no compartments.
6) open-top
				containers: containers that enclose food on all but one side and are designed
				to hold food for serving or transportation. Examples include, but are not
				limited to, paper cones, cups, bowls, and food boats.
7) pizza boxes: a folded box used for
				serving, holding, or transporting various sizes of pizza or calzones.
8) plates: flat serviceware, whether single
				or with multiple compartments, used for serving or holding food items during
				food service.
9) wraps and liners:
				sheets used to wrap food for food service or create a lining inside other
				serviceware to act as an additional barrier.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-6 - Certificate of Compliance

Current through 2024-29, July 17, 2024
A certificate of compliance prepared to fulfill the
				  requirements of title 32 M.R.S. § 1735 must identify the packaging or
				  packaging components covered, the standard being complied with or the exemption
				  being claimed, and shall include a certification that the information contained
				  in the statement is accurate and complete to the best knowledge of the
				  organization's responsible official or his/her designee. The certification
				  shall include the effective date, full name, title, email address and telephone
				  number of the responsible official or designee signing the certificate. If
				  requested, test results shall be made available to the Department to verify
				  information provided in a certificate of compliance.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 80 - REDUCTION OF TOXICS IN PACKAGING › Section 096-80-7 - Exemptions

Current through 2024-29, July 17, 2024
A.
Packages
				or packaging components are exempt where:
(1) The package or packaging component has a
				code indicating a date of manufacture prior to April 1, 1992, or the
				manufacturer can provide written documentation that the package or packaging
				component was manufactured prior to April 1, 1992; or
(2) The package or packaging component
				contains an alcoholic beverage bottled prior to April 1, 1992.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 81 - DESIGNATION OF PRIORITY TOXIC CHEMICALS › Section 096-81-1 - Applicability

Current through 2024-29, July 17, 2024
Beginning July 1, 2013, a commercial and industrial facility
				  that, during any calendar year, uses in excess of 1,000 pounds of any of the
				  chemicals designated as a priority toxic chemical under section
				  3 of this rule must file a report as
				  required under Maine's
Priority Toxic Chemical Use Reduction
				  laws
(T.U.R. Law),
				   38 M.R.S.
				  §2324, and all rules adopted pursuant to
				  the T.U.R. Law Section 2329.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 81 - DESIGNATION OF PRIORITY TOXIC CHEMICALS › Section 096-81-2 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of understanding the provisions in this
				  rule, the definitions in this section must be used.
A.
Alternative. "
Alternative"
				means a substitute process, product, material, chemical, strategy or a
				combination of these that serves a purpose functionally equivalent to that of a
				priority toxic chemical used by a commercial and industrial facility.
B.
Formaldehyde.
"Formaldehyde"
				means a chemical compound having a chemical formula of
				CH2O and a CAS RN (Chemical Abstract Service Registry
				Number) of 50-00-0.
C.
Hexavalent Chromium.
"Hexavalent Chromium" means a chemical having a
				chemical formula of Cr6+ and a CAS RN (Chemical
				Abstract Service Registry Number) of 18540-29-9.
D.
Cadmium.
"Cadmium" means a
				chemical having a chemical formula of Cd and a CAS RN (Chemical Abstract
				Service Registry Number) of 7440-43-9.
E.
Commercial and industrial facility.
"Commercial and industrial facility" means an entity:
(1) With an economic sector or industry code
				under the North American Industry Classification System of the United States
				Department of Commerce, United States Census Bureau; and,
(2) Located in the State of Maine.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 81 - DESIGNATION OF PRIORITY TOXIC CHEMICALS › Section 096-81-3 - Designation of Priority Toxic Chemicals

Current through 2024-29, July 17, 2024
A.
Initial list.
As directed in the T.U.R. Law, §2323, the
				department hereby establishes a list of priority toxic chemicals to include the
				following:
(1) Cadmium;
(2) Formaldehyde;
(3) Hexavalent chromium;
(4) Perchloroethylene; and
(5) Trichloroethylene.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 82 - PRIORITY TOXIC CHEMICAL REPORTING AND POLLUTION PREVENTION PLANNING › Section 096-82-1 - Definitions

Current through 2024-29, July 17, 2024
For the purposes of understanding the provisions in this
				  rule, the definitions in this section must be used.
A.
Alternative. "
Alternative"
				means a substitute process, product, material, chemical, strategy or a
				combination of these that serves a purpose functionally equivalent to that of a
				priority toxic chemical used by a commercial and industrial facility.
B.
CMR.
"CMR" means the Code of
				Maine Rules.
C.
Commercial
				and industrial facility.
"Commercial and industrial facility" means an
				entity:
(1) With an economic sector or
				industry code under the North American Industry Classification System of the
				United States Department of Commerce, United States Census Bureau;
				and,
(2) Located in the
				State.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 82 - PRIORITY TOXIC CHEMICAL REPORTING AND POLLUTION PREVENTION PLANNING › Section 096-82-3 - Pollution prevention plans and reduction goals

Current through 2024-29, July 17, 2024
Within 18 months after the department identifies a priority
				  toxic chemical under chapter 81, an owner or operator of a commercial or
				  industrial facility that uses the chemical in an amount exceeding the reporting
				  threshold shall develop a pollution prevention plan. The plan must be
				  finalized, approved and signed by a senior official with management
				  responsibility for the facility.
A.
Plan requirements.
A pollution prevention plan must include, at a
				minimum, the following:
(1) A statement of
				facility-wide management policy regarding toxics use reduction;
(2) Identification, characterization and
				accounting of the types and amounts of all priority toxic chemicals used at the
				facility;
(3) Identification,
				analysis and evaluation of any appropriate technologies, procedures, processes,
				chemical alternatives, equipment or production changes that may be used by the
				facility to reduce the amount or toxicity of priority toxic chemicals used
				including a financial analysis of the costs and benefits of reducing the amount
				of priority toxic chemicals used;
(4) A strategy and schedule for implementing
				practicable reduction options for each priority toxic chemical;
(5) A program for maintaining records on
				priority toxic chemical use and management costs, such as the costs of personal
				protection equipment, liability insurance, training, chemical storage and
				disposal;
(6) The facility's goal
				for reducing use of priority toxic chemicals and products and materials
				containing such chemicals;
(7) An
				employee awareness and training program that informs employees of the use of
				priority toxic chemicals by the facility and involves employees in achieving
				the established reduction goal under this subsection; and
(8) An assessment of alternatives explored to
				reduce use of priority toxic chemicals that is prepared according to standard
				methods or guidelines for conducting alternatives assessments made available by
				the department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 82 - PRIORITY TOXIC CHEMICAL REPORTING AND POLLUTION PREVENTION PLANNING › Section 096-82-4 - Exemptions

Current through 2024-29, July 17, 2024
The department may exempt classes of facilities and specific
				  uses of priority toxic chemicals by commercial and industrial facilities from
				  the requirements of this chapter if the department determines that no
				  reasonably available safer alternative exists, that the chemical is naturally
				  occurring or that application of this chapter is unlikely to result in the
				  reduction of the use of a priority toxic chemical.
A.
Laboratory Chemicals.
Laboratory chemicals are chemicals which are used on a laboratory scale
				to perform experimental, quality assurance or investigative procedures and the
				procedures are not part of a production process which results in commercial
				quantities of materials.
B.
Activities.
If a chemical results from activities or processes which
				result in the handling or disposal of a priority toxic chemical (E.g.
				laundering of materials containing such chemicals) Air emissions subject to
				Section 112(d) or (k) of the Clean Air Act or Sections 301, 307 or 311 of the
				Clean Water Act, regardless of concentrations of priority toxic chemicals are
				not included in calculations to determine if the reporting and pollution
				prevention threshold has been met. In calculating the threshold, a facility
				that launders garments or other textiles is not required to include quantities
				of priority toxic chemicals that come into the facility on garments and
				textiles that it receives and processes for its customers Naturally occurring
				priority toxic chemicals below the percentages listed in this section in raw
				materials (e.g., biomass, wood, etc.), fuels (e.g., natural gas, etc) and
				intermediary materials (e.g., wood pulp, etc.), and emissions from combustion
				of such raw materials, fuels and intermediary materials are not included in
				calculations to determine if the reporting and pollution prevention planning
				threshold has been met.
C.
Regulatory redundancy.
The department may also consider the extent to
				which a chemical of high concern is regulated by the Federal Government or an
				agency of the State if, as part of its regulation, the State or Federal agency
				requires information required under Section 2A and Section 3 of 06-096 Chapter
				82.
A facility subject to the requirements of this chapter may
				  file an application for an exemption from some or all of the requirements of
				  this chapter on a form developed by the department. The department shall rule
				  on a request for an exemption within 120 days of receipt of an
				  application.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-1 - Actual emissions

Current through 2024-29, July 17, 2024
"Actual emissions" means the actual rate of emissions of a
				  pollutant from an emissions unit. In general, actual emissions as of a
				  particular date shall equal the average rate, in tons per year (tpy), at which
				  the unit actually emitted the pollutant. Actual emissions shall be calculated
				  using the unit's actual operating hours, production rates, and types of
				  materials processed, stored, or combusted during the selected time period. The
				  Department may presume that the source-specific allowable emissions for the
				  unit are equivalent to the actual emissions of the unit. For any existing
				  emissions unit that may be modified or affected by a modification, future
				  actual emissions shall equal projected actual emissions. For any new source
				  emissions unit which has not begun normal operations on the particular date,
				  actual emissions shall equal the potential to emit of the unit on that date.
				  For the purposes of determining baseline emissions from a source when
				  calculating an emission reduction credit in accordance with 06-096 C. M. R. ch.
				  113, source-specific allowable emissions can only be used when the allowable
				  emissions during the baseline period are lower than the actual
				  emissions.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-2 - Abutter

Current through 2024-29, July 17, 2024
"Abutter" means any person who owns property that is both (1)
				  contiguous to and (2) within 1 mile of the location on which the project will
				  take place, including owners of property directly across a public or private
				  right of way.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-3 - Adverse impact

Current through 2024-29, July 17, 2024
"Adverse impact" means any impact that diminishes a Class I
				  area's national significance; impairs the structure or functioning of
				  ecosystems; or impairs the quality of the visitor's
				  experience.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-4 - Adverse impact on visibility

Current through 2024-29, July 17, 2024
"Adverse impact on visibility" means visibility impairment
				  which interferes with the management, protection, preservation, or enjoyment of
				  the visitor's visual experience of a Class I area. This determination shall be
				  made on a case-by-case basis taking into account the geographic extent,
				  intensity, duration, frequency and time of visibility impairments, and how
				  those factors correlate with (a) times of visitor use of the Class I area, and
				  (b) the frequency and timing of natural conditions that reduce visibility. This
				  term shall include effects on integral vistas designated in Chapter
				  114.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-5 - Affected states

Current through 2024-29, July 17, 2024
"Affected states" means:
A.
				 All states whose air quality may be affected by a proposed Part
				70 license, amendment or renewal and that are contiguous to the State of Maine,
				or
B.  All states that are within
				fifty (50) miles of the Part 70 source.
An affected state for the purposes of this definition may
				  include New Hampshire, Massachusetts and Vermont.
NOTE: The appropriate affected state contacts are the
				  following:
State of New Hampshire
Department of Environmental Services
Air Resources Division
29 Hazen Drive
P. O. Box 95
Concord, NH 03302-0095
State of Vermont
Department of Environmental Conservation
Air Pollution Control Division
Building 3 South
103 South Main Street
Waterbury, VT 05671-0402
State of Massachusetts
Department of Environmental Protection
Division of Air Quality Control
One Winter Street
7th Floor
Boston, MA 02108
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-6 - Air contaminants

Current through 2024-29, July 17, 2024
"Air contaminants" include, but are not limited to, dust,
				  fumes, gas, mist, particulate matter, smoke, vapor or any combination thereof.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-7 - Air Quality Related Values (AQRV)

Current through 2024-29, July 17, 2024
"Air Quality Related Values" means all those values possessed
				  by a Class I area except those that are not affected by changes in air quality
				  and include all those assets of an area whose vitality, significance, or
				  integrity is dependent in some way upon the air environment. Those values
				  include visibility and those scenic, cultural, biological, and recreational
				  resources of an area that are affected by air quality.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-8 - Air pollution control apparatus or air pollution control system

Current through 2024-29, July 17, 2024
"Air pollution control apparatus or air pollution control
				  system" means and includes any appliance, equipment, or machinery which remove,
				  control, reduce, eliminate, dispose of or render less noxious the emission of
				  regulated pollutants into the ambient air.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-9 - Allowable emissions

Current through 2024-29, July 17, 2024
"Allowable emissions" means the emission rate of an emissions
				  unit or source calculated using the maximum rated capacity of the emissions
				  unit, unless the emissions unit is subject to license conditions which restrict
				  the operating rate, or hours of operation, or both, and the most stringent
				  emission rate applicable to the emissions unit as reflected in the emission
				  license (including those with a future compliance date) or applicable state or
				  federal standards or regulations. In no case shall allowable emissions exceed
				  any requirements of 40 C. F. R. Part 60, New Source Performance Standards
				  (NSPS), 40 C. F. R. Part 61, National Emission Standards for Hazardous Air
				  Pollutants (NESHAP) or 40 C. F. R. Part 63.
NOTE: Certain emission limitations and control technologies
				  are federally enforceable. These requirements include 40 C. F. R. Part 60,
				  NSPS, Part 63, and Part 61, NESHAP, conditions issued under the State's
				  approved State Implementation Plan (SIP) for New Source Review (40 C. F. R. 51.
				  160), other federal requirements, and any other license condition imposed to
				  avoid a state requirement in the SIP or a federal requirement. Those terms or
				  conditions in licenses issued pursuant to Chapter 115 which are accepted to
				  avoid a designated federal requirement are federally enforceable. Those
				  conditions in licenses issued pursuant to Chapter 140 which are identified as
				  state conditions are not generally enforceable by the EPA and citizens pursuant
				  to the CAA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-10 - Ambient air

Current through 2024-29, July 17, 2024
"Ambient air" means all air outside of buildings, stacks or
				  exterior ducts. See Chapter 116 Section
				  1.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-11 - Ambient increment

Current through 2024-29, July 17, 2024
"Ambient increment" means, for new sources and modifications,
				  the increase in ambient SO2,
				  PM2.5, PM10, and
				  NO2 concentrations of the future allowable emissions
				  (the maximum emissions being modeled and licensed) over the baseline
				  concentrations of these ambient air pollutants. For existing sources, "ambient
				  increment" means the increase in ambient SO2,
				  PM2.5, PM10, and
				  NO2 concentrations of the actual current emissions over
				  the baseline concentrations of these ambient air pollutants. To identify
				  baseline emissions from a source for ambient increment determination, the
				  Department shall presume actual emissions from the following calendar years to
				  be representative of normal operation for the specified pollutants:
A.  Calendar year 1977 for
				SO2 and PM10;
B.  Calendar year 1987 for
				NO2;
C. 
				Calendar year 2010 for PM2.5; and
D.  For nonattainment areas, the calendar
				year the Department submits the regulation determination to EPA.
The Department may allow the use of a time period other than
				  specified here if it is determined that the alternate time period is more
				  representative of normal operation.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-12 - Applicable requirement

Current through 2024-29, July 17, 2024
"Applicable requirement" means all of the following as they
				  apply to emissions units at a source (including requirements that were
				  promulgated or approved by EPA through rulemaking at the time of issuance of
				  the license that have future-effective compliance dates):
A.  Any standard or other requirement
				provided for in the applicable implementation plan approved or promulgated by
				EPA through rulemaking under Title I of the CAA that implements the relevant
				requirements of the CAA, including any revisions to that plan promulgated in 40
				C. F. R. Part 52 (approval and promulgation of implementation plans);
B.  Any requirement enforceable by EPA and
				the citizens under the CAA that limits emissions for purposes of creating
				offset credits or for complying with or avoiding Applicable
				requirements;
C.  Any term or
				condition of a license issued for the purpose of preconstruction licensing and
				requirements contained in regulations approved or promulgated through
				rulemaking under Title I, including parts C or D of the CAA;
D.  Any standard or other requirement under
				Section
				111 of the CAA, including Section
				111(d);
E.  Any standard or other requirement under
				Section
				112 of the CAA, including any
				requirement concerning accident prevention under Section
				112(r)(7) of the
				CAA;
F.  Any standard or other
				requirement of the acid rain program under Title IV of the CAA or the
				regulations promulgated thereunder;
G.
				 Any requirement established pursuant to Section 504(b) or Section
				114(a)(3) of the
				CAA (Monitoring, Enhanced Monitoring and Compliance Certification);
H.  Any standard or other requirement
				governing solid waste incineration under Section
				129 of the CAA;
I.  Any standard or other requirement for
				consumer and commercial products under Section 183(e) (Federal Ozone Measures)
				of the CAA;
J.  Any standard or
				other requirement for tank vessels under Section 183(f) of the CAA;
K.  Any standard or other requirement of the
				program to control air pollution from outer continental shelf sources under
				Section 328 of the CAA;
L.  Any
				standard or other requirement of the regulations promulgated to protect
				stratospheric ozone under Sections 608 or 609 of title VI of the CAA, unless
				EPA has determined that such requirements need not be contained in a title V
				license, and any standard or other requirement under any other section(s) of
				title VI of the CAA that the EPA determines should be contained in a license;
				and
M.  Any national ambient air
				quality standard or ambient increment, or visibility requirement under Part C
				of Title I of the CAA, but only as it would apply to temporary sources
				permitted pursuant to Section 504(e) of the CAA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-15 - Baseline actual emissions

Current through 2024-29, July 17, 2024
"Baseline actual emissions" for determining net emissions
				  increases means the rate of emissions, in tons per year, of a regulated
				  pollutant as follows:
A.  For any
				existing electric utility steam generating unit, baseline actual emissions
				means the average rate, in tons per year, at which the unit actually emitted
				the pollutant during any consecutive 24-month period selected by the owner or
				operator within the 5-year period immediately preceding the date a complete
				license application is received by the Department for a license required under
				Major and Minor Source Air Emission License Regulation, 06-096 CMR 115. The
				Department may allow the use of a different time period upon a determination
				that it is more representative of normal source operation.
(1) The average rate shall include fugitive
				emissions to the extent quantifiable, and emissions associated with startups,
				shutdowns, and malfunctions.
(2)
				The average rate shall be adjusted downward to exclude any non-compliant
				emissions that occurred while the source was operating above any emission
				limitation that was legally enforceable during the consecutive 24-month period.
(3) For a regulated pollutant,
				when a project involves multiple emissions units, only one consecutive 24-month
				period must be used to determine the baseline actual emissions for the
				emissions units being changed. A different consecutive 24-month period can be
				used for each regulated pollutant.
(4) The average rate shall not be based on
				any consecutive 24-month period for which there is inadequate information for
				determining annual emissions, in tons per year, and for adjusting this amount
				if required by subsection 15(A)(2) of this Chapter.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-16 - Baseline concentration

Current through 2024-29, July 17, 2024
"Baseline concentration" means the actual ambient air quality
				  which existed in an area as of: August 7, 1977, for
				  SO2and PM10, February 8, 1988,
				  for nitrogen dioxide (NO2) and October 20, 2010 for
				  PM2.5represented as follows:
A.  For Attainment Areas:
(1) For sulfur dioxide
				(SO2) and PM10, this term shall
				include the actual emissions representative of SO2 and
				PM10 sources in existence on August 7, 1977, and the
				allowable emissions of sources which commenced construction before January 6,
				1975, but were not in operation by August 7, 1977.
(2) For nitrogen oxides
				(NOx) (measured as NO2), this
				term shall include the actual emissions representative of sources in existence
				on February 8, 1988. For sources starting operation after February 8, 1985, but
				prior to February 8, 1988, representative emissions shall be determined after
				three years of operation and be based on two years of actual emissions more
				representative of normal operation. NOx sources commencing construction by
				February 8, 1988, but not in operation by that date shall use allowable
				emissions for baseline concentration until three years after start of
				operations at which time actual emissions more representative of normal
				operation for that source shall be determined and used for baseline
				concentration.
The actual NOx (measured as
				  NO2) emissions increases or decreases at any source
				  occurring after February 8, 1988, shall not be included in the baseline
				  concentration but shall be included in the determination of the increment
				  consumed, except as specified in the previous paragraph.
(3) For PM2.5, this
				term shall include the actual emissions representative of sources in existence
				on October 20, 2010.
The actual PM2.5 emissions increases
				  or decreases at any source occurring after October 20, 2010, shall not be
				  included in the baseline concentration but shall be included in the
				  determination of the increment consumed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-17 - Begin actual construction

Current through 2024-29, July 17, 2024
"Begin actual construction" means, in general, initiation of
				  physical on-site construction activities on an emissions unit which are of a
				  permanent nature. Such activities include, but are not limited to, installation
				  of building supports and foundations, laying of underground pipework, and
				  construction of permanent storage structures. With respect to a change in
				  method of operation, this term refers to those on-site activities, other than
				  preparatory activities, which mark the initiation of the
				  change.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-18 - Best Available Control Technology (BACT)

Current through 2024-29, July 17, 2024
"Best Available Control Technology" means an emission
				  limitation (including a visible emissions standard) based on the maximum degree
				  of reduction for each pollutant emitted from or which results from the new or
				  modified emissions unit which the Department on a case-by-case basis, taking
				  into account energy, environmental and economic impacts and other costs,
				  determines is achievable for such emissions unit through application of
				  production processes or available methods, systems, and techniques, including
				  fuel cleaning or treatment or innovative fuel combination techniques for
				  control of each pollutant. In no event shall application of BACT result in
				  emissions of any pollutant which would exceed the emissions allowed by any
				  applicable standard under 40 C. F. R. Part 60 and 61 or any applicable emission
				  standard established by the Department. If the Department determines that
				  technological or economic limitations on the application of measurement
				  methodology to a particular emissions unit would make the imposition of an
				  emission standard infeasible, a design, equipment, work practice, operational
				  standard or combination thereof may be prescribed instead to satisfy the
				  requirement for the application of BACT. Such standard shall, to the degree
				  possible, set forth the emission reduction achievable by implementation of such
				  design, equipment, work practice or operation, and shall provide for compliance
				  by means which achieve equivalent results.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-19 - Best Available Retrofit Technology (BART)

Current through 2024-29, July 17, 2024
"Best Available Retrofit Technology" means an emission
				  limitation based on the degree of reduction achievable through the application
				  of the best system of continuous emission reduction for each regulated
				  pollutant which is emitted by an existing facility which emits or has the
				  potential to emit any regulated pollutant at a rate equal to or greater than
				  the emission rates for significant emissions as defined in this Chapter and
				  which causes visibility impairment. The emission limitation must be
				  established, on a case-by-case basis, taking into consideration the technology
				  available, the costs of compliance, the energy and non-air quality
				  environmental impacts of compliance, any pollution control equipment in use or
				  in existence at the source, the remaining useful life of the source, and the
				  degree of improvement in visibility which may reasonably be anticipated to
				  result from the use of such technology. If the state determines that
				  technological or economic limitations on the applicability of measurement
				  methodology to a particular existing facility would make the imposition of an
				  emission standard infeasible, it may instead prescribe a design, equipment,
				  work practice, or other operational standard, or combination thereof, to
				  require the application of BART. Such standard, to the degree possible, is to
				  set forth the emission reduction to be achieved by implementation of such
				  design, equipment, work practice or operation, and must provide for compliance
				  by means which achieve equivalent results.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-20 - Best Practical Treatment (BPT)

Current through 2024-29, July 17, 2024
"Best Practical Treatment" means that method which controls
				  or reduces emissions of regulated pollutants to the lowest possible level
				  considering:
A.  The then existing
				state of technology,
B.  The
				effectiveness of available alternatives for reducing emissions from the source
				being considered, and
C.  The
				economic feasibility for the type of establishment involved.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-22 - Building, structure, facility or installation

Current through 2024-29, July 17, 2024
"Building, structure, facility or installation" means all of
				  the pollutant-emitting activities which belong to the same industrial grouping,
				  are located on one or more contiguous or adjacent properties, and are under the
				  control of the same person (or persons under common control).
				  Pollutant-emitting activities shall be considered as part of the same
				  industrial grouping if they belong to the same "Major Group" (i. e. , which
				  have the same two (2)-digit code) as described in the Standard Industrial
				  Classification Manual, 1972, as amended by the 1977 Supplement (United States
				  Government Printing Office stock numbers 4101-0066 and 003-005-00176-0,
				  respectively) or if they have the same six (6)-digit North American industry
				  classification system (NAICS) code available from the U. S. Census Bureau. The
				  requirement for all pollutant emitting activities to belong to the same
				  industrial grouping does not apply to sources subject to Section
				  112 of the CAA.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-23 - Bulk gasoline plant

Current through 2024-29, July 17, 2024
"Bulk gasoline plant" means a gasoline storage and
				  distribution facility with a daily throughput of 20,000 gallons of gasoline or
				  less and whose purpose is to load gasoline into tank trucks.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-24 - Bulk gasoline terminal

Current through 2024-29, July 17, 2024
"Bulk gasoline terminal" means a gasoline storage facility
				  which receives gasoline from refineries primarily by pipeline, ship, or barge,
				  and delivers gasoline to bulk gasoline plants or to commercial or retail
				  accounts primarily by tank truck, and has a daily throughput of more than
				  76,000 liters (20,000 gallons) of gasoline.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-25 - CAA

Current through 2024-29, July 17, 2024
"CAA" means the Clean Air Act, as amended,
				  42 U. S. C.
				  7401,
et
				  seq.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-26 - Capture efficiency

Current through 2024-29, July 17, 2024
"Capture efficiency" means the weight per unit time of
				  pollutant entering a capture system and delivered to a control device divided
				  by the total weight per unit time of pollutant generated by a source of
				  pollutant, expressed as a percentage.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 100 - DEFINITIONS REGULATION › Section 096-100-27 - Capture system

Current through 2024-29, July 17, 2024
"Capture system" means all equipment (including, but not
				  limited to, hoods, ducts, fans, booths, ovens, dryers, etc.) used to contain,
				  capture, or transport an air pollutant to a control device.