Section 096-115-1 - ApplicabilityA.Geographic scope. This regulation shall be effective in all ambient air quality control regions in the State.B.General requirement. An air emission license is required for the sources or emissions units listed below. Once a source requires an air emission license, all emissions units which emit regulated pollutants at the source must be included in the license, except the following: insignificant activities listed in Appendix B of this Chapter; activities which the Department has determined in writing on a case-by-case basis to be substantially equivalent to the insignificant activities specified in Appendix B of this Chapter; and those activities which are clearly trivial. Any person who emits, will emit, or causes to be emitted regulated pollutants from any existing or new source may not begin actual construction, operate, maintain, or modify the new or existing source without an air emission license from the Department, unless the source islisted in subsection 1(C) of this Chapter. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Chapter 115(4)(A) Major Modification or Major Source License shall apply to the source or modification as though actual construction had not yet begun on the source or modification. An air emission license is required for the following:
(1) Any source whose potential to emit can be determined a Major source and in no case shall a Major source be exempted from the obligation to obtain an air emissions license.(2) For a Minor source whose facility-wide emissions are generated solely from any one or combination of the following: (a) Fuel-burning equipment (or combinations thereof), whose total maximum design heat input is equal to or greater than 10.0 million British Thermal Units per hour. Fuel-burning equipment, excluding stationary internal combustion engines, less than 1.0 MMBtu/hr shall not be included in this threshold assessment and stationary internal combustion engine less than 0.5 MMBtu/hr shall not be included in this threshold assessment.(b) Stationary internal combustion engines (or combinations thereof) whose total maximum design heat input is equal to or greater than 5.0 million British Thermal Units per hour or a gas/propane fired stationary internal combustion engine (or combination thereof) with a total maximum design heat input of equal to or greater than 10.0 million British Thermal Units per hour. Units less than 0.5 MMBtu/hr shall not be included in this threshold assessment.(c) Total facility general process sources whose emissions without consideration of air pollution control apparatus and under normal operation are equal to or greater than 100 lb/day of any regulated pollutant, except that these numerical limitations may not apply to a source which is subject to regulation for the control of hazardous air pollutants pursuant to Title 38 MRSA Section585-B, New Source Performance Standards promulgated at 40 CFR Part 60, or National Emission Standards for Hazardous Air Pollutants (NESHAPS) promulgated at 40 CFR Part 61 and 63.(d) Total facility general process sources whose emissions without consideration of air pollution control apparatus and under normal operation are equal to or greater than 10 lb/hr of any regulated pollutant, except that these numerical limitations may not apply to a source which is subject to regulation for the control of hazardous air pollutants pursuant to Title 38 MRSA Section585-B, New Source Performance Standards promulgated at 40 CFR Part 60, or National Emission Standards for Hazardous Air Pollutants (NESHAPS) promulgated at 40 CFR Part 61 and 63.C.Exemptions(1) An air emission license issued pursuant to this Chapter is not required for Part 70 requirements and other non-NSR amendments issued pursuant to Part 70 Air Emission License Regulation, 06-096 CMR 140.(2) An air emission license is not required for a Minor source whose facility-wide emissions are generated solely from any one or combination of the following: (a) Incinerators with a primary chamber volume no greater than 133 cubic feet or 1000 gallons that burn only wood waste as defined in Title 12, Section 9324, subsection 7-A and painted and unpainted wood from construction and demolition debris;(b) Units whose emissions are generated from the sole function of providing power for propulsion of mobile sources, including vessels;(c) Bulk gasoline terminals and gasoline service stations with a maximum design daily throughput of less than 20,000 gallons;(d) Bulk petroleum storage facilities with petroleum products stored in tanks with a maximum design capacity of less than 39,000 gallons; (e) Dry cleaner system that engages in the cleaning of fabric by means of one or more washes in perchloroethylene, extraction of the solvent by spinning, and drying by tumbling in an air stream; and(f) Gasoline-powered ski lift emergency back-up motors. Such motors shall not be included in determining whether the thresholds in subsections 1(B)(2)(a) or 1(B)(2)(b) of this Chapter are exceeded.(3) An air emission license issued pursuant to this Chapter is not required for rock crushers issued a Crusher Identification Number (CIN) pursuant to General Permit for Nonmetallic Mineral Processing Plants, 06-096 CMR 149 and the associated stationary internal combustion engines.(4) An air emission license issued pursuant to this Chapter is not required for concrete batch plants issued a general permit number (GPN) pursuant to General Permit for Concrete Batch Plants, 06-096 CMR 164 and the associated stationary internal combustion engines.(5) An air emission license issued pursuant to this Chapter is not required for a Class IV-A human crematory incinerator or a veterinary incinerator issued a general permit number (GPN) pursuant to General Permit for Class IV-A Incinerators, 06-096 CMR 165.(6) Any source listed in this subsection that is exempted from the requirement to obtain an air emission license may opt to apply for a license under this Chapter.06- 096 C.M.R. ch. 115, § 1