Section 096-134-1 - Scope and ApplicabilityA.Affected facilities(1) This regulation applies to any facility that emits or has the potential to emit forty (40) tons or more of VOC per calendar year. In determining a facility's potential to emit VOC, total VOC emissions includes all VOC emissions occurring at the facility from VOC-emitting equipment or processes, except VOC emissions from equipment exempted in Section 1(C) of this Chapter. Emissions of VOC emitting activities from general maintenance shall be included to the extent possible.
(2) Any facility subject to this Chapter that has potential to emit 40 tons per year or more but did not have actual emissions of forty (40) tons or more of VOC per calendar year since January 1, 1987, may be exempt from the requirements of Sections 3 and 4 of this Chapter under the requirements stated in Section 6 of this rule. Each owner or operator of a facility that is initially exempt from the requirements of Sections 3 and 4 and then becomes subject to this Chapter under the applicability threshold provisions of Section 1(A) of this Chapter must notify the Department, in writing, of its applicability within thirty (30) days and must comply with the provisions and schedules specified in Section 3 with final compliance no longer than two (2) years after becoming subject to this Chapter.
(3) Any facility subject to this Chapter with actual emissions greater than 40 tons per year but less than 50 tons VOC per calendar year actual emissions, since January 1, 1987, that elects to amend its license and accept license restrictions under the 40 tons of VOC per year potential to emit at the time of the RACT applicability determination, may be exempt from the applicability of this Chapter.(4) As of the effective date of the 1995 amendment to this Chapter, the following VOC-emitting equipment or processes are no longer exempt from this rule: offset lithography, volatile organic liquid storage tanks, industrial wastewater, wood furniture, plastic parts coating (business machines), plastic parts coating (other), autobody refinishing, clean up solvents, ship building, aerospace coating and SOCMI batch processes. NOTE: The above VOC-emitting equipment and processes were previously exempt pursuant to Section 1(C)(3) of this rule as promulgated in 1993 because EPA had listed them as categories for which CTGs were under development pursuant to a list in Appendix E of the General Preamble of Title I (57 Federal Register 18077). The CTG's have not been developed and the CAAA requires states to adopt rules for these sources by November 15, 1994.
B.Applicable Effective Dates. This regulation shall be applicable in all regions of the State of Maine as follows: (1) For affected facilities subject to Sections 1(A)(1) and 1(A)(2) of this rule, the applicable effective date is October 17, 1993, except (2) For affected facilities subject to Section 1(A)(4) of this rule, the applicable effective date is February 15, 1995, andC. Exempted VOC-emitting equipment or processes. The following VOC-emitting equipment or processes are exempted in determining a facility's total VOC emissions: (1) VOC-emitting equipment or processes that are subject to regulation under 40 CFR Part 61: National Emission Standards for Hazardous Air Pollutants (NESHAPS);(2) VOC-emitting equipment or processes that achieve Best Available Control Technology for VOC or the Lowest Achievable Emission Rate for VOC, as determined by the Department and imposed in an air emission license which contains specific emission limitations for all affected VOC-emitting equipment or processes and was issued pursuant to federally approved permitting regulations or regulations promulgated by the Environmental Protection Agency (EPA);(3) VOC-emitting equipment or processes that receive RACT, as determined by the Department in accordance with the following: (a) Pursuant to a VOC control regulation approved by the EPA for which a Control Techniques Guideline (CTG) document was written, or(b) As contained in a federally enforceable air emission license issued by the Department prior to the applicable effective date;(4) VOC-emitting equipment from which the VOCs emitted are from the incomplete combustion of any material, except where material is heated, burned, combusted or otherwise chemically changed under oxygen-deficient conditions by design;(5) Kraft Recovery Boilers;(6) Indirect contact wood kilns and wood yards; and(7) Paper machine area emissions which include paper machines, and the finishing and converting areas.06- 096 C.M.R. ch. 134, § 1