Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS › Section 096-140-2 - General Terms and Conditions of Applications and Licenses

Current through 2024-29, July 17, 2024
A.
Projects requiring multiple
				application submittals under this Chapter
If a Part 70 source is applying simultaneously for the
				  renewal of a Part 70 license and/or amendments under more than one section of
				  this Chapter, the source may submit one application covering all required
				  information for each relevant section.
B.
Required application form and
				additional information
The application shall include an application form prescribed
				  by the Department and additional information required by the Department, unless
				  otherwise specified by this Chapter. The application may not omit information
				  needed to determine the applicability of, or to impose, any Applicable or state
				  requirement, or to evaluate the fee amount. An application for a license
				  modification need supply only that information related to the proposed
				  amendment. The application form and the additional required information shall
				  include, but is not limited to, the following elements:
(1) Identifying information, including
				company name and address (or plant name and address if different from the
				company name), owner's name and agent, responsible official's name, and
				telephone number and names of plant site manager/contact;
(2) Identification and description of the
				source's processes and products by Standard Industrial Classification (SIC)
				Code and North American Industry Classification System (NAICS) Code, including
				any processes or products associated with each alternative operating scenario
				identified by the applicant;
(3)
				Any insignificant activities that must be listed in the application as
				specified in Appendix B of this Chapter;
(4) The following emissions related
				information for units and activities that are not insignificant as specified in
				Appendix B of this Chapter:
(a) All emissions
				of air pollutants for which the Part 70 source is defined as a Part 70 major
				source and all emissions of regulated pollutants, including fugitive emissions
				to the extent quantifiable;
(b) Any
				additional emissions-related information necessary to verify which requirements
				are applicable to the source or to calculate Part 70 license fees;
(c) Identification and description of all
				points of emissions described in (a) and (b) above in sufficient detail to
				establish applicability of requirements of the CAA and state
				regulations;
(d) Emission rates in
				tons per year (tpy) and in such terms as are necessary to establish compliance
				consistent with the applicable EPA standard reference test method and
				compliance consistent with the applicable emission limit;
(e) The following information to the extent
				it is needed to determine or regulate emissions: fuel types, fuel use, raw
				materials, production rates, and operating schedules;
(f) Identification and description of air
				pollution control equipment and compliance monitoring devices or
				activities;
(g) Limitations on
				source operation affecting emissions, or any work practice standards, where
				applicable, for all regulated pollutants at the Part 70 source;
(h) Other information required by any
				Applicable requirement or state requirement; and
(i) Calculations used as the basis for
				emissions-related information.
(5) The following air pollution control
				requirements:
(a) Citation and description of
				all Applicable requirements;
(b)
				Citation and description of all state requirements; and
(c) Description of or reference to any
				applicable test method for determining compliance with each Applicable
				requirement and state requirement;
(6) Other specific information that may be
				necessary to implement and enforce other Applicable requirements of the CAA,
				this Chapter or state requirements or to determine the applicability of such
				requirements.
(7) An explanation of
				any proposed exemptions from otherwise Applicable requirements and state
				requirements;
(8) Additional
				information as determined to be necessary by the Department to define
				alternative operating scenarios identified by the applicant or to define terms
				and conditions in the Part 70 license allowing intrafacility emission trading
				which are under the allowable emissions in the Part 70 license;
(9) A description of the source category or
				categories which are applicable to the source, HAP emission unit(s) requiring
				HAP emission limitations, and whether the HAP emission unit(s) require a MACT
				emission limitation for an existing or new Part 70 HAP source;
(10) If required by the Department, proposed
				monitoring, modeling, testing, record keeping and reporting protocols, the
				results of previously performed in-stack monitoring, and results of previously
				performed stack testing. This information shall not be used in the completeness
				determination of the application.
(11) A compliance plan that includes the
				following information:
(a) A description of
				the compliance status of the Part 70 source with respect to all Applicable
				requirements and state requirements;
(b) A statement that the Part 70 source will
				continue to comply with any Applicable requirements and state requirements with
				which it is in compliance;
(c) A
				statement that the Part 70 source will meet on a timely basis any Applicable
				requirements and state requirements that will become effective during the Part
				70 license period, unless a more detailed schedule is expressly required by the
				Applicable requirement;
(d) For
				Part 70 sources out of compliance at the time of issuance of the Part 70
				license:
(i) A narrative description of how
				the Part 70 source will achieve compliance with all Applicable requirements and
				state requirements; and
(ii) A
				compliance schedule for achieving compliance that shall include remedial
				measures, including an enforceable sequence of actions with milestones, leading
				to compliance with any Applicable requirements and state requirements for which
				the Part 70 source will be in noncompliance at the time of the Part 70 license
				issuance. The compliance schedule shall resemble and be at least as stringent
				as that contained in any judicial consent decree or administrative order to
				which the Part 70 source is subject. Any such schedule of compliance shall be
				supplemental to, and shall not sanction noncompliance with, the Applicable
				requirements and state requirements on which it is based; and
(e) For Part 70 sources required
				to have a schedule of compliance to remedy a violation, a schedule for
				submission of certified progress reports to be submitted at least once every
				six (6) months from the date of issuance of the Part 70 license;
(12) A compliance certification
				that includes the following information:
(a)
				A certification of compliance with all Applicable requirements and state
				requirements by a responsible official consistent with subsection 2(C) of this
				Chapter and Section 114(a)(3) of the CAA;
(b) A statement of methods used for
				determining compliance, including a description of monitoring, record keeping,
				and reporting requirements and test methods;
(c) A schedule for submission of compliance
				certifications during the Part 70 license term, to be submitted at least once
				every twelve (12) months from the date of issuance of the Part 70 license, or
				more frequently if specified by the Department or an underlying Applicable
				requirement;
(d) A statement
				indicating the source's compliance status with any applicable enhanced
				monitoring and compliance certification requirements of the CAA; and
(e) Such other facts or information that the
				Department may require to determine the compliance status of the Part 70
				source;
(13) Results of
				meteorology or air quality monitoring if required by the Department, including
				an analysis of meteorological and topographical data necessary to evaluate the
				air quality impact pursuant to Section 14 of this Chapter. The information
				required pursuant to Section 14 of this Chapter shall not be used in the
				completeness determination of the application, unless the information is
				required as part of a New Source Review application; and
(14) If any regulated pollutant from an
				existing source has or will have a significant impact, a description of the
				factors used in the ambient air quality impact analysis pursuant to Section 14
				of this Chapter. The information required pursuant to Section 14 of this
				Chapter shall not be used in the completeness determination of the application,
				unless the information is required as part of a New Source Review
				application.