Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 165 - GENERAL PERMIT FOR CLASS IV-A INCINERATORS › Section 096-165-4 - Class IV-A Incinerator General Permit Conditions and Emission Control Requirements

Current through 2024-29, July 17, 2024
A.
General
				Conditions.
Notwithstanding any part of this regulation, the
				owner/operator is subject to the applicable parts of 06-096 CMR 101 Visible
				Emissions.
(1) Employees and authorized
				representatives of the Department shall be allowed safe access to the
				owner/operator's business 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 pursuant to Title 38 MRSA §347-C. Prior to entrance on the
				premises, the Department shall notify the owner/operator, or a designee of a
				need to inspect the facility. The owner/operator shall provide safe access that
				complies with safety requirements of any local, state, or federal regulating
				authority.
(2) The General Permit
				does not convey any property rights of any sort, or any exclusive
				privilege.
(3) The owner/operator
				shall maintain sufficient operational records to accurately document compliance
				with emission standards and general permit conditions as stipulated in this
				Chapter and shall maintain such records for a minimum of six (6) years. The
				records maintained on site shall also include a copy of the GP Application,
				applicable NOITC forms and the manufacturers operating instructions. Records
				shall be submitted to the Department upon written request.
(4) The owner/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 an air emissions license pursuant to 06-096
				CMR 115 shall not override any condition of this general permit.
(5) The owner/operator shall 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.
(6) 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.
(7) Upon
				written request from the Department, the owner 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.
(8) The owner/operator shall keep a copy of
				the NOITC form available at the site where the facility operates and provide it
				to Department employees upon request.
(9) The owner/operator shall insure that all
				persons authorized as incinerator operator(s) be familiar with the terms and
				conditions of this general permit.