Section 096-140-10 - Part 70 Significant License ModificationA.ApplicabilityPart 70 Significant License Modification procedures will be used for applications requesting license changes that do not qualify as Administrative Revisions or Part 70 Minor License Modifications.
Part 70 Significant License Modification procedures will be used for applications requesting license changes that are determined by the Department to be substantial changes in existing monitoring and testing license terms or conditions and any relaxation of testing, reporting, or recordkeeping license terms or conditions.
Any variance or compliance extension issued pursuant to 38 M.R.S. §§587 and 590 for a Part 70 source will be processed as a Part 70 Significant License Modification and be subject to the terms and conditions for the issuance of a Part 70 Significant License Modification.
B.ScheduleThe applicant may request a Part 70 Significant License Modification at any time during the term of a Part 70 license.
C.Application Notification(1) No application notification is required for the processing of a Part 70 Significant License Modification.(2) A copy of the application shall be submitted by the source to EPA Region I.D.Required Application Information(1) The application form as specified in subsection 2(B) of this Chapter that contains the applicable required information.(2) In addition, the applicant shall provide the following information: (a) A description of the change, the emissions resulting from the change, and any Applicable requirements and state requirements that pertain to the change; and(b) Certification by a responsible official pursuant to subsection 2(C) of this Chapter that the proposed modification meets the criteria for use of Part 70 Significant License Modification procedures and a request that such procedures be used.E.License ContentA Part 70 Significant License Modification will contain the following:
(1) A description of the change and the reason for the request;(2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the change;(3) Specific designation as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements; and(4) Permit shield. The permit shield as specified in subsection 2(I) of this Chapter applies to the terms and conditions of the Part 70 Significant License Modification except where the Part 70 Significant License Modification expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 Significant License Modification will include the Department's determination or a concise summary thereof for other Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source.F.Criteria for License ApprovalThe Part 70 Significant License Modification will be granted if the Department determines that the change meets the applicability criteria specified above in subsection 10(A) of this Chapter and will not violate any Applicable requirements and state requirements of the Part 70 source.
The Part 70 license will specifically designate as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.
G.Draft Notification(1) For Part 70 Significant License Modification, a comment period of 30 days will be provided for the public and affected states on the Part 70 draft license, as described in subsection 2(K) of this Chapter.(2) EPA will have a review period of 45 days on the Part 70 draft/proposed license as described in subsection 2(L) of this Chapter or until EPA has notified the Department that EPA will not object to the issuance, whichever is first. This period may run concurrently with the comment period in subsection 10(G)(1) above unless the Department receives comments from the public or affected states that lead the Department to make substantive changes to the draft/proposed license. In which case, the 45-day review period for EPA resets and begins anew upon resubmittal of the proposed license.06-096 C.M.R. ch. 140, § 10