Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 115 - MAJOR AND MINOR SOURCE AIR EMISSION LICENSE REGULATIONS › Section 096-115-4 - New Source Review for New Sources and Modifications

Current through 2024-29, July 17, 2024
If the applicant is applying for a Major or Minor
				  Modification or a new major or minor source license, the license must be issued
				  by the Department prior to beginning actual construction of the modification or
				  the new source.
A.
Process for
				Major Modification or New Major Source License
(1)
Applicability.
The following
				procedures shall be used for new major source licenses and Major Modifications,
				as defined in 06-096 CMR 100. These procedures incorporate New Source Review
				requirements pursuant to Title 1, Part C and Part D of the CAA.
(2)
Schedule
.An applicant who
				intends to construct a phased construction project in which the construction
				phases exceed 18 months or the period of the license, whichever is less, shall
				submit an application for a Major Modification for each future phase, including
				a new Best Available Control Technology (BACT) determination pursuant to
				subsection 4(A)(4)(d) of this Chapter.
(3)
Application Notification
(a) The applicant shall publish a Public
				Notice of Intent to File as specified in subsection 2(D) of this
				Chapter.
(b) The applicant shall
				send by certified mail to all abutters, a copy of the notice of Intent to
				File.
(c) The applicant shall send
				a copy of the application, including any supporting documentation and any
				subsequent amendments to the application, to EPA Region I.
(d) The applicant and/or the Department shall
				notify and, if requested, provide a copy of the application to all Federal Land
				Managers listed in 06-096 CMR 100, and the Indian governing body of any
				reservation located within 50 km of any Major Modification or new Major source
				on or before the date the applicant provides public Notice of Intent to File,
				and provide at least a thirty (30) days public comment period.
NOTE: See Classification of Air Quality Control Regions,
				  06-096 CMR 114(1)(C) for a listing of federal lands which have been established
				  as mandatory Class I areas. Check with the Department, Federal Land Manager or
				  Indian governing body for the most current list of specific local and national
				  modeling review contacts and addresses for the federal lands.
(4)
Required Application
				Information
. The applicant shall submit to the Department the
				information listed below:
(a) The application
				form as specified in subsection 2(B) of this Chapter that contains the required
				information;
(b) A description of
				the nature, location, plot plan, building dimensions, and any other information
				required by the Department;
(c) A
				schedule for construction of the Major Modification or the new major
				source;
(d)
Best Available
				Control Technology (BACT) Analysis
. The applicant must demonstrate that
				each emissions unit to be constructed, reconstructed or modified will receive
				BACT as defined in 06-096 CMR 100. BACT shall be applied to all regulated
				pollutants from new emission units, including fugitive as well as stack
				emissions. For modified emissions units, BACT shall be applied to the regulated
				pollutants that will be emitted in greater amounts as a result of the
				modification and BPT shall apply to other regulated pollutants from the
				modified unit(s). In selecting one of the control technology alternatives, the
				applicant should consider application of flue gas treatment, fuel treatment and
				processes, and techniques which are inherently low polluting and are
				economically feasible. In cases where technological or economic limitations on
				the application of measurement techniques would make the imposition of an
				emission limitation infeasible, a design, operating, equipment, or work
				practice standard may be provided by the source. The BACT analysis shall
				include the following steps:
(i)
Identify all potential control strategies
.
(ii)
Eliminate technically infeasible
				options
. The demonstration of technical infeasibility should be clearly
				documented and should show, based on physical, chemical and engineering
				principles, that the technical difficulties would preclude the successful use
				of the control option on the emission unit under review.
(iii)
Rank remaining control
				technologies by control effectiveness
. The ranking should include
				relevant information including:
(a) control
				effectiveness
(b) expected emission
				rate
(c) expected emission
				reduction
(d) energy
				impacts
(e) environmental
				impacts
(f) economic
				impacts
(iv)
Evaluate most effective controls and document results
. The
				evaluation should include case by case consideration of energy, environmental
				and economic impacts. If top option is not selected as BACT, the evaluation
				should consider the next most effective control option.
(v)
Select BACT
. BACT is the
				most effective option not rejected in Step (iv).
(e)
Lowest Achievable Emission Rate
				(LAER) Analysis
. The applicant with a significant emissions increase or
				a new major source with significant emissions of a federal nonattainment
				pollutant located in the geographical boundaries of a nonattainment area or the
				Ozone Transport Region, or whose emissions will significantly impact a
				nonattainment area, must demonstrate that LAER is being met for the federal
				nonattainment pollutant.
NOTE: LAER is required in areas EPA has designated as federal
				  nonattainment or in areas Maine has designated as nonattainment but EPA has not
				  yet taken final action. LAER is based on the State's applicability criteria in
				  all cases, except where the Department has amended the attainment status from
				  federal nonattainment to attainment pursuant to 06-096 CMR 114. In those cases
				  where the Department has completed redesignation procedures from federal
				  nonattainment to attainment, but for which EPA has not taken final action,
				  EPA's applicability criteria in Sections 172(b)(6) and 173 of the CAA
				  apply.
(f)
Innovative
				control technology waiver
(i)
Conditions for approval
. If the facility is located in an
				attainment area, the applicant may request the Department to grant a waiver
				from any or all of the requirements for control technology and to approve a
				system of innovative control technology. The Department may grant a waiver for
				the implementation of innovative control technology under the following
				conditions:
(a) The proposed system of
				innovative control technology will not cause or contribute to an unreasonable
				risk to public health, welfare, or safety in its operation or
				function;
(b) The applicant agrees
				to achieve, by a date approved by the Department, a continuous emissions
				reduction rate greater than or equivalent to the rate that would have been
				required by BACT. The date of achievement shall be no later than four (4) years
				from the time of startup or seven (7) years from the issuance of the
				license.
(c) The modification or
				new source will meet the control technology requirements and Section 7 of this
				Chapter based on the emissions rate that the applicant would be required to
				meet on the date specified by the Department;
(d) The modification or new source will not,
				prior to the date specified by the Department in subsection 4(A)(4)(f)(i)(b):
(i) Cause or contribute to any violation of
				any applicable ambient air quality standard;
(ii) Impact any area where an applicable
				ambient increment is known to be violated;
(iii) Cause a significant impact in any PM10,
				PM2.5, SO2, or NO2 nonattainment area; or
(iv) Cause or contribute to an adverse AQRV
				impact in any Class I area; and
(e) The applicant will meet all of the
				relevant requirements of this Chapter, including the requirements for public
				participation.
(ii)
Conditions for withdrawal
. The Department shall withdraw any
				approval to employ a system of innovative control technology under the
				following conditions:
(a) The proposed system
				of innovative control technology fails to achieve the continuous emissions
				reduction rate by the specified date;
(b) The proposed system of innovative control
				technology fails before the specified date, so as to contribute to an
				unreasonable risk to public health, welfare, or safety; or
(c) The Department decides at any time that
				the proposed system of innovative control technology is unlikely to achieve the
				continuous emissions reduction rate by the specified date, or will cause or
				contribute to an unreasonable risk to public health, welfare or
				safety.
(iii)
Extension of compliance deadline
. If the applicant fails to meet
				the continuous emissions reduction rate by the specified date, or if the
				Department's approval is withdrawn in accordance with subsection 4(A)(4)(f)(ii)
				of this Chapter, the Department may allow the applicant an additional period,
				not to exceed three (3) years, to meet the requirement for the application of
				BACT through use of a demonstrated system of control.
(g)
Compliance Monitoring
				Methods
. All process control and compliance monitoring devices or
				activities, and any other emission reduction system planned by the owner or
				operator of a Major Modification or a new source license, and such other
				information required to accurately establish emission estimates, and to
				document future compliance; and
(h)
Growth Analysis
. The air quality impacts and the nature and extent
				of emissions from all general, commercial, residential, industrial, and other
				growth in the area affected by the Major Modification or the new major source
				license, including associated mobile sources, which has occurred since August
				7, 1977 for sulfur dioxide (SO2) and
				PM10, since February 8, 1988 for
				NO2, and since October 20, 2010 for PM2.5 pursuant to
				Section 7 of this Chapter. The growth analysis shall be performed only for
				those pollutants (SO2, PM10,
				PM2.5 and/or NO2) for which the modification or new
				source was determined as major.
(i)
Title, Right or Interest
. Prior to acceptance of an application
				for processing for a new source license, the applicant shall demonstrate to the
				Department's satisfaction sufficient title, right or interest in all of the
				property which is proposed for development or use in accordance with the
				following provisions:
(i) When the applicant
				owns the property, a copy of the deed(s) to the property must be
				supplied;
(ii) When the applicant
				has a lease or easement on the property, a copy of the lease or easement must
				be supplied. The lease or easement must be of sufficient duration and terms, as
				determined by the Department, to license the proposed construction and
				reasonable use of the property, including reclamation, closure and post closure
				care, where required;
(iii) When
				the applicant has an option to buy or lease the property, a copy of the option
				agreement must be supplied. The option agreement must be sufficient, as
				determined by the Department, to give rights to title, or a leasehold or
				easement of sufficient duration and terms to permit the proposed construction
				and use of the property including closure and post closure care, where
				required;
(iv) When the applicant
				has eminent domain power over the property, evidence must be supplied as to the
				ability and intent to use the eminent domain power to acquire sufficient title,
				right or interest as determined by the Department; and
(v) When the applicant has either a valid
				preliminary permit or a notification of acceptance for filing of an application
				for a license from the Federal Energy Regulatory Commission for the site which
				is proposed for development or use, a copy of that permit or notification must
				be supplied.
(j)
Ambient Air Quality Impact Analysis
. If required by the Department
				pursuant to Section 7 of this Chapter, the applicant shall submit the results
				of ambient air quality impact analyses, including an analysis of the impacts to
				Air Quality Related Values and impact on visibility if the Department
				determines that the source may affect ambient increments or Air Quality Related
				Values in any Class I area or integral vista to that Class I area. The analysis
				shall be performed pursuant to Section 7 of this Chapter. This analysis shall
				be used in the completeness determination of the application.
(k) The certification of the responsible
				official as specified in subsection 2(C) of this Chapter and a copy of the
				published Public Notice of Intent to File as specified in subsection 2(D) of
				this Chapter.
(5)
License Content
. The license content shall contain all of the
				relevant criteria as specified in subsection 3(E) of this Chapter.
(6)
Criteria for license
				approval
. The Department shall grant the license, if the following
				criteria are met:
(a) The Department has
				received a complete application for a license pursuant to this
				Chapter;
(b) The emissions will
				receive BACT and/or LAER, as applicable;
(c) The emissions will not violate state
				standards adopted by the Department pursuant to Title 38 MRSA §585 or can
				be controlled so as not to violate the same;
(d) The emissions either alone or in
				conjunction with existing emissions will not violate or can be controlled so as
				not to violate applicable ambient air quality standards including, but not
				limited to, ambient increments as adopted by the Department pursuant to Title
				38 MRSA §584; or for those sources locating within or significantly
				impacting a federal nonattainment area, the impact to ambient air quality
				standards is consistent with any plan demonstrating Reasonable Further Progress
				as defined in Section 171 of the CAA;
(e) The conditions of the license provide for
				compliance with all state requirements and the relevant requirements of this
				Chapter;
(f) The Department and
				applicant have complied with the public participation and EPA notification and
				review procedures for issuance of a license pursuant to subsections 4(A)(3) and
				4(A)(7) of this Chapter;
(g) The
				emissions will not have an adverse impact on Air Quality Related Values of any
				Class I area, including any integral vista for that Class I area;
(h) Pursuant to the requirements of Title I,
				Part D of the CAA, the Department shall not issue a license if the EPA has
				determined that implementation of the State Implementation Plan is inadequate
				for the federal nonattainment area in which the proposed source or modification
				will be constructed;
(i) With
				respect to any Major Modification or any new major source, which will emit
				significant emissions of a nonattainment pollutant, which seeks to locate in
				the geographical boundaries of a federal nonattainment area or the Ozone
				Transport Region, or which will have a significant impact on a federal
				nonattainment area, the following conditions will be met:
(i) All sources owned or operated by the
				applicant (or by any entity controlling, controlled by, or under common control
				with such person) in this State are in compliance, or on an enforceable
				schedule for compliance, with all applicable emission limitations under the CAA
				including, but not limited to, the terms and conditions of any license, the
				applicable emission limitations and the ambient air quality
				standards;
(ii) The owner or
				operator has complied with the applicable provisions of Growth Offset
				Regulation, 06-096 CMR 113; and
(iii) The owner or operator has conducted an
				analysis of alternative sites, sizes, production processes, and environmental
				control techniques for such proposed source which demonstrates that benefits of
				the proposed source significantly outweigh the environmental and social costs
				imposed as a result of its location, construction, or modification.
(j) If an air emission license
				amendment can be granted only if the licensee installs additional emissions
				controls or other mitigating measures, then the licensee may continue to emit
				pollutants from emission sources that will receive these controls or measures
				up to the same level allowed in its existing license as long as the additional
				emission controls or mitigating measures are fully operational as soon as
				practicable but in no case later than twenty-four (24) months after the
				Department issues the license amendment, except as provided in this subsection.
				After a showing of the licensee that it can not install and bring to full
				operation the required emission controls or mitigating measures within the
				twenty-four (24) month period, the Department may establish a later date for
				the installation and operation.
(7)
Draft License Notification
(a) A comment period of 30 days shall be held
				for the public and EPA on the draft license, as described in subsection 2(K) of
				this Chapter.
(b) Where the
				conditions of subsection 4(A)(3)(D) of this Chapter are applicable, the
				applicant shall send the appropriate Federal Land Manager or Indian governing
				body, if requested, on or before the date the applicant provides Notice of
				Draft Availability to the public, a copy of the draft license. The Department
				shall receive comment for at least thirty (30) days, beginning after the day on
				which the notice of the Draft Availability is published, or after the last day
				on which all of the persons in this section are mailed notice, whichever is
				later.