06-096-100 Me. Code R. § 9
"Allowable emissions" means the emission rate of an emissions unit or source calculated using the maximum rated capacity of the emissions unit, unless the emissions unit is subject to license conditions which restrict the operating rate, or hours of operation, or both, and the most stringent emission rate applicable to the emissions unit as reflected in the emission license (including those with a future compliance date) or applicable state or federal standards or regulations. In no case shall allowable emissions exceed any requirements of 40 C. F. R. Part 60, New Source Performance Standards (NSPS), 40 C. F. R. Part 61, National Emission Standards for Hazardous Air Pollutants (NESHAP) or 40 C. F. R. Part 63.
NOTE: Certain emission limitations and control technologies are federally enforceable. These requirements include 40 C. F. R. Part 60, NSPS, Part 63, and Part 61, NESHAP, conditions issued under the State's approved State Implementation Plan (SIP) for New Source Review (40 C. F. R. 51. 160), other federal requirements, and any other license condition imposed to avoid a state requirement in the SIP or a federal requirement. Those terms or conditions in licenses issued pursuant to Chapter 115 which are accepted to avoid a designated federal requirement are federally enforceable. Those conditions in licenses issued pursuant to Chapter 140 which are identified as state conditions are not generally enforceable by the EPA and citizens pursuant to the CAA.
06-096 C.M.R. ch. 100, § 9