Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS › Section 096-140-14 - Ambient Air Quality Analysis

Current through 2024-29, July 17, 2024
A.
General
				requirement.
It shall be the burden of any applicant to provide an
				affirmative demonstration that its emissions, in conjunction with all other
				sources, will not violate ambient air quality standards, except that Part 70
				sources in nonattainment areas or which significantly impact a nonattainment
				area shall be required to demonstrate that the Part 70 source's emissions are
				consistent with Reasonable Further Progress provisions of the State
				Implementation Plan. An applicant may use ambient air monitoring, modeling, or
				other assessment techniques as approved by the Department and shall be
				consistent with EPA regulations and guidelines or other requirements under the
				CAA. The analyses shall include relevant emissions units at the Part 70 source,
				meteorological and topographical data necessary to estimate such impacts, and
				shall consider the impact of fugitive emissions, to the extent quantifiable,
				secondary emissions, and emissions from other existing sources including
				increases in mobile and area source emissions impacting the same area.
The level of analysis shall depend upon the size of the Part
				  70 source, the regulated air pollutants emitted, existing air quality,
				  proximity to Class I or nonattainment areas, or areas where increment has been
				  substantially consumed. (For the purposes of this subsection, the Class I area
				  shall include any conservation easements under the jurisdiction of an
				  appropriate Federal Land Manager as of August 7, 1977.) The air quality impact
				  analysis, in general, will not be required of the applicant for those regulated
				  pollutants that are not listed under "significant emissions increase" in
				  Chapter 100 of the Department's Regulations. The analysis shall be conducted in
				  accordance with the provisions of subsection 14(C) of this Chapter, Chapter 116
				  of the Department's Regulations and Appendix W to 40 CFR Part 51 - Guideline on
				  Air Quality Models.
Air quality modeling conducted as part of the licensing of a
				  new Part 70 source or modification to a Part 70 source in the United States is
				  substantially governed by the Appendix W to 40 CFR Part 51 - Guideline on Air
				  Quality Models. That modeling guidance was first promulgated in 1978 and by
				  law, must be routinely updated by EPA. Thus, federal regulatory guidance on
				  modeling and the list of acceptable models do change. The Department recognizes
				  that air dispersion modeling guidance will be periodically updated, to reflect
				  the latest federal guidance. To maintain an orderly licensing process in the
				  State, applicants will be required to conform with those procedures and
				  guidelines in effect at the time of Department approval of a written modeling
				  protocol that meets all applicable requirements provided the applicant
				  completes modeling, as approved, and submits its results within six (6) months
				  of the date of approval of the protocol. If the protocol calls for collection
				  of on-site meteorological data, then the starting date for the on-site data
				  collection must be no later than 6 months after approval of the protocol and
				  modeling results must be submitted within six (6) months of obtaining
				  acceptable on-site meteorological monitoring data. Requests by the applicant to
				  modify the modeling protocol will require conformance with current applicable
				  air dispersion modeling guidance.
(1)
Ambient Air Quality Monitoring Requirements
. Monitoring done by
				the owner or operator shall conform to the requirements of 40 CFR Part 58,
				Appendix B and the Department's Quality Assurance Plan (or other plan approved
				by the Department) during the operation of monitoring stations. It is
				recommended that a written protocol be developed by the owner or operator and
				the Department when a Part 70 source is required to conduct either
				pre-construction or post-construction monitoring. The protocol shall, at a
				minimum, specify the monitoring sites, frequency of sampling, data recovery,
				pollutants, and monitoring method(s).
(2)
Air Quality Impact Modeling
				Requirements
(a) All estimates of
				ambient concentrations required by an ambient or increment impact analysis
				shall be based on the relevant air quality models, data bases, and other
				requirements specified in the current Appendix W to 40 CFR Part 51 - Guideline
				on Air Quality Models, and in accordance with subsection 14(C) of this Chapter,
				and Chapter 116 of the Department's regulations. Fugitive emissions, to the
				extent quantifiable, shall be considered.
(b) All input, output and diagnostic files
				used in the final Class I and Class II standards and increment compliance
				modeling analyses and Class I AQRV and visibility modeling analyses shall be
				submitted to the Department on media formatted for use by computer software
				which the Department uses unless otherwise approved by the
				Department.
(c) Where an air
				quality impact model specified in the Appendix W to 40 CFR Part 51 - Guideline
				on Air Quality Models, is inappropriate, the model may be changed or another
				model substituted; such change or substitution shall be subject to public
				comment and the written approval of the Department and the Regional
				Administrator of the U. S. Environmental Protection Agency or his designee.
				Methods like those outlined in the Protocol for Determining the Best Performing
				Model (EPA-454/R-92-025) and the Interim Procedures for Evaluating Air Quality
				Models: Experience with Implementation (EPA-450/4-85-006) should be used to
				determine the comparability of air quality models.