06-096-100 Me. Code R. § 126

Current through 2024-51, December 18, 2024
Section 096-100-126 - Part 70 Minor License Modification

(Reference 40 C. F. R. 70. 7(e)(2) "minor permit modification procedures"). "Part 70 Minor License Modification" means a modification to a Part 70 license which may be used only for those license changes that:

A. Do not violate any Applicable requirement;
B. Do not involve a Part 70 Significant License Modification to existing monitoring, testing, reporting, or recordkeeping requirements in the license;
C. Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts or a visibility or increment analysis;
D. Do not seek to establish or change a Part 70 license term or condition for which there is no corresponding underlying Applicable requirement, and that the source has assumed to avoid an Applicable requirement to which the source would otherwise be subject. Such terms and conditions include:
(1) A federally enforceable emissions cap assumed to avoid classification as a Title I modification or a modification or reconstruction under any provision of Section 111 or 112 of the CAA; and
(2) An alternative emissions limit approved pursuant to regulations promulgated under section 112(i)(5) of the CAA;
E. Are not Title I modification or a modification or reconstruction under any provision of Section 111, or 112 of the CAA; and
F. Are not required by the Department to be processed under Part 70 Significant License Modification procedures.

Notwithstanding A through F, Part 70 Minor License Modification procedures may be used for license modifications involving the use of economic incentives, marketable licenses, emission transfers, and other similar approaches, to the extent that such Part 70 Minor License Modification procedures are explicitly provided for in an applicable implementation plan or in Applicable requirements promulgated by EPA.

06-096 C.M.R. ch. 100, § 126