Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS › Section 096-140-4 - Part 70 Acid Rain Sources

Current through 2024-29, July 17, 2024
The Department hereby adopts and incorporates by reference
				  the provisions of 40 CFR Part 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 program that meets the requirements of Title IV of the 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 of the U.S. Environmental
				  Protection Agency.
A.
Schedule
Submittal of permit applications and the permitting of
				  affected 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 IV of the
				  CAA and the regulations promulgated thereunder.
B.
Required Application
				Information
The application shall be on a nationally-standardized form in
				  addition to the application form and 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) of this
				  Chapter, the following shall be included in the air emission license for a
				  Title IV source:
(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 any other Applicable
				requirement.
(2) The compliance
				plan content requirements specified in Section 4 of this Chapter 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 IV of the
				Act or the regulations promulgated thereunder.
(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 any other 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
				IV of the 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.