Section 096-140-13 - Part 70 General LicensesThe Department may, on a case-by-case basis, issue a Part 70 General license for specific source categories. A source qualifying for an existing Part 70 General license must apply to the Department to be licensed under the terms of the Part 70 General license or must apply for a Part 70 license through the procedures described in Section 3 or Section 5 of this Chapter, whichever is relevant.
A.Issuance of a Part 70 General License(1) The Part 70 General license will be issued by the same process as a Part 70 license, including public participation and review.(2) The terms and conditions of any Part 70 General license will be consistent with subsection 3(E) of this Chapter and will provide for compliance with all Applicable requirements and state requirements of other Part 70 licenses.(3) The Part 70 General license will identify criteria by which Part 70 sources may qualify for the Part 70 General license.(4) The Part 70 General license will specify the deadline for existing sources for the submission of requests for authorization and the date(s) when a person is authorized to operate under the Part 70 General license.B.Requirements to Apply Under a Part 70 General License(1) Owners or operators of Part 70 sources that qualify for a Part 70 General license must apply in writing to the Department to be licensed under the terms and conditions of the Part 70 General license in accordance with the requirements of this subsection.(2) Owners or operators of Part 70 sources that qualify for a Part 70 General license shall give public notice of Intent to File as stated in subsection 2(D) of this Chapter.(3) An application for a Part 70 General license must include the following information necessary to determine qualification for, and to assure compliance with, the Part 70 General license:(a) The application form as specified in subsection 2(B) of this Chapter that contains the required information, including any information necessary to determine whether the applicant qualifies to operate under the General license.(b) The certification of the responsible official pursuant to subsection 2(C) of this Chapter and a copy of the published public notice of Intent to File as specified in subsections 3(D) and 3(C) of this Chapter.(c) A statement that a copy of the application has been submitted by the source to EPA Region I.C.Granting Approval Under a Part 70 General LicenseThe Department will grant the conditions and terms of the Part 70 General license to a Part 70 source upon request, if the Part 70 source meets the following criteria:
(1) The source is similar to other sources for that category of Part 70 General licenses in regard to the following attributes: (a) Air quality classification of the source's location;(b) Proximity to Class I areas;(c) Total emission quantity and nature of regulated pollutants;(d) Classification of areas downwind;(e) Geographic area involved for the same or substantially similar types of operation;(f) Emissions of the same type of air pollutants;(g) Requires the same control systems or operating conditions;(h) Requires the same or similar monitoring; and(i) In the opinion of the Department, the source is more appropriately controlled under a Part 70 General license than under an individual Part 70 license.(2) The Department will grant a request for authorization to operate under an existing Part 70 General license to owners or operators of Part 70 sources that qualify, and may grant a source's request for authorization to operate pursuant to a Part 70 General license without repeating the public participation and affected state review procedures on the Part 70 draft license. Such a grant is not a final agency action by the Department for purposes of judicial review.06-096 C.M.R. ch. 140, § 13