06- 096 C.M.R. ch. 138, § 5

Current through 2024-51, December 18, 2024

Section 096-138-5 - Compliance Schedule

A. NO_x RACT Application. The owner or operator of a facility subject to Section 3 or Section 4 shall submit to the Department and the town office where the source is located, no later than 6 months from the effective date of this Chapter, a complete application to amend the facility's existing air emission license to incorporate NO_x RACT. The application shall include:

(1) The standard application form and a copy of the public notice;

(2) An inventory of all affected NO_x-emitting equipment at the facility, including equipment exempted under Subsection 1(B);

(3) Identification of all affected NO_x-emitting equipment at the facility not exempted under Subsection 1(B);

(4) The maximum capacity to emit NO_x of each affected NO_x-emitting equipment not exempted under Subsection 1(B);

(5) A description of the selected NO_x emission control system;

(6) Testing procedures, monitoring procedures, and record keeping and reporting procedures to demonstrate to the satisfaction of the Department and EPA compliance with this Section; and

(7) A schedule for implementation of RACT, including a demonstration of compliance.

B.Departmental Approval NO_x RACT Order

(1) Within two calendar months of receipt of the application for NO_x RACT the Department shall submit to the owner or operator written notification stating whether the report is sufficient to allow the Department to determine RACT. Whenever the Department deems the information to be insufficient to determine RACT, the Department shall request from the owner or operator the appropriate information.

(2) Within six calendar months of receipt of the application, and all other information deemed by the Department to be required to determine RACT, the following shall occur:

(a) The Department shall send to the EPA and the owner or operator a draft Order containing:

(i) An inventory of all affected NO_x-emitting equipment;

(ii) Emission limits for all affected NO_x-emitting equipment;

(iii) A schedule requiring compliance with the emission limits;

(iv) Procedures for determining initial compliance with the emission limits;

(v) Procedures for assessing compliance with the emission limits;

(vi) Record keeping requirements; and

(vii) Reporting requirements.

(b) A copy of the application, supporting documentation, and draft order shall be available at the Department's Augusta office and the applicant shall provide at the town office which the source is located the draft order for 30 calendar days prior to the date upon which the draft order public comment period ends.

(c) The applicant shall notify the public, by advertisement in a newspaper of general circulation in the region in which the source is located, at least 30 calendar days prior to the date upon which the draft order public comment period ends. The notice shall announce availability of the draft order, as well as the opportunity for submission of written public comment. The notice shall also announce the date, place and time a public meeting will be held upon request. If the Department's Augusta office receives a written request for a public meeting within 15 calendar days from the date upon which the notice is published, a public meeting will be held on the date and time as scheduled in the public notice.

(3) Within 10 calendar months of a receipt of an application, and all other information deemed by the Department to be required to determine RACT submitted pursuant to Section 3 or Section 4, the Department shall issue to the owner or operator a final Order.

06- 096 C.M.R. ch. 138, § 5