06-096-140 Me. Code R. § 2

Current through 2024-51, December 18, 2024

Section 096-140-2 - General Terms and Conditions of Applications and Licenses

A.Projects Requiring Multiple Application Submittals Under this Chapter

If a Part 70 source is applying simultaneously for the renewal of a Part 70 license and amendments or multiple amendments under more than one section of this Chapter, the source may submit one application covering all required information for each relevant section.

B.Required Application Form and Additional Information

The application shall include an application form prescribed by the Department and additional information required by the Department, unless otherwise specified by this Chapter. The application may not omit information needed to determine the applicability of or to impose any Applicable or state requirement, or to evaluate the fee amount. An application for a license modification need supply only that information related to the proposed amendment. The application form and the additional required information shall include, but is not limited to, the following elements:

(1) Identifying information, including company name and physical address, responsible official's name and contact information, and names and contact information of the on-site manager/contact;

(2) Identification and description of the source's processes and products by North American Industry Classification System (NAICS) Code, including any processes or products associated with each alternative operating scenario identified by the applicant;

(3) Any insignificant activities that must be listed in the application as specified in Appendix B of this Chapter;

(4) The following emissions related information for units and activities that are not specified as insignificant in Appendix B of this Chapter:

(a) All emissions of air pollutants for which the Part 70 source is defined as a Part 70 major source and all emissions of regulated pollutants, including fugitive emissions to the extent quantifiable;

(b) Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate Part 70 license fees;

(c) Identification and description of all points of emissions described in (a) and (b) above in sufficient detail to establish applicability of requirements of the CAA and state regulations;

(d) Emission rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable EPA standard reference test method and compliance consistent with the applicable emission limit;

(e) The following information to the extent it is needed to determine or regulate emissions: fuel types, fuel use, raw materials, production rates, and operating schedules;

(f) Identification and description of air pollution control equipment and compliance monitoring devices or activities;

(g) Limitations on source operation affecting emissions, or any work practice standards, where applicable, for all regulated pollutants at the Part 70 source;

(h) Other information required by any Applicable requirement or state requirement; and

(i) Calculations used as the basis for emissions-related information.

(5) The following air pollution control requirements:

(a) Citation and description of all Applicable requirements;

(b) Citation and description of all state requirements; and

(c) Description of or reference to any applicable test method for determining compliance with each Applicable requirement and state requirement;

(6) Other specific information that may be necessary to implement and enforce other Applicable requirements of the CAA, this Chapter or state requirements or to determine the applicability of such requirements.

(7) An explanation of any proposed exemptions from otherwise Applicable requirements and state requirements;

(8) Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the applicant or to define terms and conditions in the Part 70 license allowing intrafacility emission trading which are under the allowable emissions in the Part 70 license;

(9) A description of the source category or categories which are applicable to the source, HAP emissions unit(s) requiring HAP emission limitations, and whether the HAP emissions unit(s) require a Maximum Achievable Control Technology emission limitation (MACT) for an existing or new Part 70 HAP source;

(10) If required by the Department, proposed monitoring, modeling, testing, recordkeeping and reporting protocols, the results of previously performed in-stack monitoring, and results of previously performed stack testing.

(11) A compliance plan that includes the following information:

(a) A description of the compliance status of the Part 70 source with respect to all Applicable requirements and state requirements;

(b) A statement that the Part 70 source will continue to comply with any Applicable requirements and state requirements with which it is in compliance;

(c) A statement that the Part 70 source will meet on a timely basis any Applicable requirements and state requirements that will become effective during the Part 70 license period, unless a more detailed schedule is expressly required by the Applicable requirement;

(d) For Part 70 sources out of compliance at the time of issuance of the Part 70 license:

(i) A narrative description of how the Part 70 source will achieve compliance with all Applicable requirements and state requirements; and

(ii) A compliance schedule for achieving compliance that includes remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any Applicable requirements and state requirements for which the Part 70 source will be in noncompliance at the time of the Part 70 license issuance. The compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the Part 70 source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the Applicable requirements and state requirements on which it is based; and

(e) For Part 70 sources required to have a schedule of compliance to remedy a violation, a schedule for submission of certified progress reports to be submitted at least once every six months from the date of issuance of the Part 70 license;

(12) A compliance certification that includes the following information:

(a) A certification of compliance with all Applicable requirements and state requirements by a responsible official consistent with subsection 2(C) of this Chapter and Section 114(a) (3) of the CAA;

(b) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;

(c) A schedule for submission of compliance certifications during the Part 70 license term, to be submitted at least once every 12 months from the date of issuance of the Part 70 license, or more frequently if specified by the Department or an underlying Applicable requirement;

(d) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the CAA; and

(e) Such other facts or information that the Department may require to determine the compliance status of the Part 70 source;

(13) If required by the Department, results of meteorology or air quality monitoring including an analysis of meteorological and topographical data necessary to evaluate the air quality impact pursuant to Section 14 of this Chapter.; and

(14) If the Department determines that any regulated pollutant from an existing source has or will have a significant impact, a description of the factors used in the ambient air quality impact analysis pursuant to Section 14 of this Chapter.

C.Certification by Responsible Official

All application forms, reports, and compliance certifications submitted to the Department shall contain a certification of truth, accuracy and completeness with the signature and printed name of the responsible official (see Definitions Regulation, 06-096 C.M.R. ch. 100). The signature must either be an original wet-ink signature or an electronic signature that complies with 40 C.F.R. Part 3. The signatory statement shall make the following certification:

"I certify under penalty of law that, based on information and belief formed after reasonable inquiry, I believe the information included in the attached document is true, complete, and accurate."

Upon becoming aware that incorrect information was submitted or relevant facts should have been but were not submitted, the responsible official must provide the Department with the corrected information or supplementary facts.

D.Public Notice of Intent to File

(1) Any applicant for a renewal of a Part 70 license, an initial Part 70 license, or a Part 70 license transfer must publish a public notice of Intent to File at the applicant's expense within the 30 days prior to filing an application. This notice shall be published once in the public notice section of a newspaper of general circulation in the region in which the source would be located. In addition, a copy of the application shall be made available at the municipal office of the municipality(ies) where the source is located. A copy of the notice from the paper must be submitted with the application. Applications for administrative revisions, Section 502(b) (10) changes, Part 70 Minor License Modifications, and Part 70 Significant License Modifications do not require publication of a public notice. The Public Notice of Intent to File must include the following information:

(a) Name, address, and telephone number of the applicant;

(b) Citation of the statutes or rules under which the application is being processed;

(c) Location of the proposed action;

(d) Summary of the proposed action;

(e) Anticipated date for filing the application with the Department;

(f) A statement that public requests for either of the following must be submitted to the Department in writing no later than 20 days after the application is accepted as complete for processing:

(i) for the Board of Environmental Protection to assume jurisdiction over the application; or

(ii) for a public hearing on the application;

(g) A statement of the name, address, and phone number of the Department contact person;

(h) A statement providing the local filing location where the application can be examined; and

(i) Any other information required by rule or law.

NOTE: A Public Notice of Intent to File template is available from the Department.

(2) An applicant must publish a Public Notice of Intent to File for a resubmitted application that was originally deemed incomplete by the Department.

(3) After an application has been filed, if the Department determines that the applicant submits significant new or additional information or substantially modifies its application at any time after acceptance of the application as complete, the applicant shall provide additional notice to interested persons who have commented on that application. The Department may also require additional public notice and may extend the time to submit requests for a public hearing or for the Board to assume jurisdiction.

(4) At the Department's discretion, a Public Notice of Intent to File may be published on the Department's website in lieu of the notice required by Section 2(D)(1). Such electronic notification must contain the same information as is required by Section 2(D)(1).

E.Application Acceptability and Completeness

(1)General. Within 15 working days of receipt of any application, the Department will determine the completeness of an application and will notify the applicant in writing of the official date on which the application was accepted as complete for processing; or notify the applicant in writing of the reasons why the application was not accepted as complete. If the Department does not mail notice to the applicant of acceptance or rejection of the application within 15 working days, the application will be deemed accepted as complete for processing on the 16^th working day.

(2)Criteria for Completeness. An application will be deemed complete when all of the relevant information and other data required by the Department to evaluate the application and to allow the Department to begin processing the application are submitted. In addition, for completeness determination the certification by the Responsible Official and proof of publication of the Public Notice of Intent to File must be included as part of the application submittal.

F.Application Submittal

Applications must be filed with the Bureau of Air Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017 or other address as directed by the Department.

G.Authority to Request Additional Information.

The Department's determination that an application is accepted as complete for processing is not a review of the sufficiency of that information and does not preclude the Department from requesting additional information. Additional information needed to process the application may be requested in writing by the Department and shall be provided by the applicant within the deadline specified by the Department.

If the applicant fails to submit the requested information by the deadline specified or as otherwise agreed in writing by the Department, the Department may deny the license. Thirty (30) days prior to having the license denied, the Department shall provide written notice to the applicant including a list of the required information which must be submitted by the specified date in order to prevent the denial. A person may reapply at any time after the license is denied. The reapplication shall meet all requirements of a complete initial license application, including any required license fee.

The applicant must provide additional information as necessary to address any requirement that becomes applicable to the Part 70 source after the date the source filed a complete application, but prior to release of the Part 70 draft license.

H.Procedures for Timely License Processing and License Denials

(1) The requirements of 38 M.R.S. §344 governs the processing of applications under this Chapter. In no case will the processing times be longer than 18 months from the date the renewal application is deemed complete.

(2) Upon the denial of any license, the Department will provide the applicant a written statement of the grounds of the denial.

I.Permit Shield

(1) Except as provided in this Chapter, the Department will include in the Part 70 license a provision stating that compliance with the conditions of the Part 70 license will be deemed in compliance with any Applicable requirements and state requirements as of the date of license issuance, provided that:

(a) Such Applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or

(b) The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 license includes the determination or a concise summary, thereof.

(2) Nothing in this section or any Part 70 license alters or affects the following:

(a) The provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303;

(b) The liability of an owner or operator of a source for any violation of Applicable requirements prior to or at the time of license issuance; or

(c) The ability of EPA to obtain information from a source pursuant to Section 114 of the CAA.

J.Operational Flexibility

The following changes are allowed without requiring a license amendment:

(1) Changes that must be addressed by the Part 70 license, are not Title I modifications or modifications or reconstructions under any provision of Section 111 or 112 of the CAA, and do not exceed the emissions allowable under the Part 70 license. These changes may include the following:

(a) Intrafacility emission trading, as specified in this Chapter;

(b) Alternative operating scenarios which are specifically identified in the Part 70 license; or

(c) Operational flexibility provided for in the Part 70 license.

(2)Off-License Changes. Off-license changes that are not addressed or prohibited in the Part 70 license shall meet all Applicable requirements, shall not violate any existing permit term or condition, and are the following:

(a) A change at Part 70 source for which the applicant has received written Departmental confirmation that the change does not require a license amendment. The licensee shall keep a record describing the changes made under this section. Department approved changes are not eligible for the permit shield; or

(b) The modification of an insignificant activity that can still be qualified as such after the modification.

K.Public and Affected States Draft Notification

Except for Part 70 Administrative Revisions, Part 70 Minor License Modifications, Part 70 License Transfers, and Section 502(b)(10) Changes, a public comment period will be held on the Part 70 draft license or draft amendment, as follows:

(1) The applicant shall provide a copy of the Part 70 draft license or draft amendment and the application for Part 70 license, including any supporting documentation and any subsequent amendments to the application, to the municipal clerk of the municipality where the source is located, or, if the project is in an unorganized area, to the county commissioners. This material will also be available for public review by contacting the Department's Augusta office. This material must be on file for public comment for 30 calendar days.

(2) The Department will provide a copy of the Part 70 draft license to affected states on or before the date that the Draft Availability Notice is published.

(3) Draft Availability Notice. A Draft Availability Notice shall be published by the applicant or at the applicant's expense, once in the public notice section of a newspaper of general circulation in the region in which the source would be located. The Draft Availability Notice shall include:

(a) the name, address, and telephone number of the applicant;

(b) a citation of the statutes or rules under which the application is being processed;

(c) the location of the proposed action;

(d) a summary of the proposed action including the emissions change involved in any proposed license modification;

(e) a statement of the availability of the application and supporting documents and the Department's preliminary determination in the form of a Part 70 draft license;

(f) a statement of the public's right to provide written public comment or to request a public hearing, with the mailing address of the Department;

(g) the date, place, and time a public meeting may be held, if requested within 15 calendar days from the date upon which the notice is published. The date the public meeting is scheduled shall be no sooner than 30 calendar days after the date the notice is published; and

(h) name, address, and phone number of a Department contact from whom interested parties may obtain additional information, including copies of the draft license application and all relevant supporting materials.

NOTE: A Draft Availability Notice template is available from the Department.

(4) At the Department's discretion, a Draft Availability Notice may be published on the Department's website in lieu of the notice required by Section 2(K)(3). Such electronic notification must contain the same information as is required by Section 2(K)(3).

(5) The Department will provide a copy of the notice to all persons on a mailing list developed by the Department who requested to be notified about license actions at the licensed facility and by any other means the Department finds necessary to assure adequate notice to the public.

(6) For any Department action subject to this subsection, any person may request in writing that the Department hold a public meeting. The written request shall state the nature of the issues to be raised at a public meeting. 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 which raises a material issue, a public meeting will be held on the date and time as identified in the public notice. Whenever the Department holds a public meeting, the duration of the public comment period may be extended to the close of the public meeting or extended to a later date announced at the public meeting, at the Department's discretion.

(7) The Department will receive comment for at least 30 calendar days, beginning after the day on which the Draft Availability Notice is published or after the last day on which all of the persons in this section are mailed notice, whichever is later.

(8) The Department will consider and keep records of all analyses and all written comments received during the public comment period and all comments received at any public meeting or public hearing in making a final decision on the approvability of the Part 70 draft license.

(9) The Department will notify any affected state and EPA, in writing, of any refusal to incorporate into the Part 70 draft license any recommendations that the affected state submitted during the affected state review period. This notice shall include the Department's reasons for not accepting any such recommendations.

(10) The Department will provide a statement that sets forth the legal and factual basis for the Part 70 draft license conditions including references to the applicable statutory or regulatory provisions. The Department will send this statement to any person who requests it.

L.EPA Comment Period

(1) Except for Part 70 License Transfers, Section 502(b)(10) Changes and Part 70 Administrative Revisions, the Department will provide a copy of the Part 70 draft proposed license and any additional supporting documentation to EPA for a 45-day review period. The Department will also provide to EPA a statement that sets forth the legal and factual basis for the Part 70 draft proposed license conditions including references to the applicable statutory or regulatory provisions.

(2) Upon receipt of a Part 70 draft proposed license or at the time of the Department's explanation for any refusal to accept affected state's comments, whichever is later, if EPA determines the Part 70 draft proposed license is not in compliance with any Applicable requirement or with 40 C.F.R. Part 70, including 40 C.F.R. § 70.8(c)(3), the EPA has 45 days to object in writing to the issuance of the Part 70 draft proposed license by the Department.

If EPA submits an objection to the Department, the Part 70 draft proposed license will not be issued by the Department. The objection shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the Part 70 license must include to respond to the objection. EPA shall send the applicant a copy of the objection pursuant to 40 C.F.R. Part 70.8(c)(2) . The Department will have 90 days to revise the Part 70 draft proposed license.

(3) If the Department fails to revise and submit a Part 70 draft proposed license within 90 days after the date of an objection under this subsection in response to the objection, the EPA will issue or deny the Part 70 license in accordance with the requirements of the federal operating permit program promulgated under Title V of the CAA.

M.Public Petition to the EPA

(1)General. If the EPA does not object in writing within 45 days of receipt of the Part 70 draft proposed license and supplementary information, any person, including the applicant may petition the EPA in writing within 60calendar days after the expiration of the 45-day review period to make an objection.

Any petition shall be based only on objections that were raised with reasonable specificity during the public comment period provided in subsection 2(K) of this Chapter, unless the petitioner demonstrates to the EPA that raising such objections within the public comment period was impractical or that the grounds for objection arose after the public comment period.

(2)Procedures. If the EPA objects to the Part 70 license after the EPA's 45-day review period as a result of a public petition pursuant to this subsection, the following procedures apply:

(a) The petitioner must identify in writing all objections in the public petition;

(b) The petitioner must provide a copy of the public petition to the Department and to the applicant; and

(c) If the Part 70 license was not issued, the Department will not issue the Part 70 draft proposed license until the EPA's objection resulting from the public petition is resolved; or, if the Part 70 license was issued after the end of the 45-day EPA review period but prior to the subsequent EPA objection, the following provisions apply:

(i) The public petition does not halt the effectiveness of the Part 70 license or its terms and conditions; and

(ii) The EPA will amend, terminate, or revoke the Part 70 license for cause as prescribed by subsection 2(O) of this Chapter, and the Department may thereafter issue a Part 70 license pursuant to subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any case, the owner or operator of the Part 70 source will not be in violation of the requirement to have submitted a timely and complete application.

(3)Appeals. The public petition to EPA does not affect the terms and conditions of a Part 70 license issued by the Department, or the finality of the Department's action for purposes of an appeal under the Maine Administrative Procedure Act, 5 M.R.S. §§ 11001-11008.

N.Reopening of a Part 70 License for Cause by the Department

(1) The Department will have the authority to reopen and amend, terminate, or revoke for cause and to reissue the Part 70 license as a renewal of a Part 70 license for reasons as stated in subsection 3(E)(7)(a) (vii) of this Chapter.

(2) A reopening will not be initiated by the Department before a written notice of such intent is provided to the owner or operator of the Part 70 source and to any person who submitted written comments on the license application at least 30 calendar days in advance of the date that the Part 70 license is to be reopened, or within 10 calendar days if necessary to protect public health, safety, and welfare.

(3) The procedures to reopen for cause of a Part 70 license and to reissue the Part 70 license will comply with the same requirements as they apply to the renewal of a Part 70 license, pertain only to those parts of the Part 70 license for which cause to reopen exists, and will proceed as expeditiously as practicable.

O.Reopening of a Part 70 License for Cause by EPA

(1) If EPA finds that cause exists to terminate, amend, or revoke and reissue a Part 70 license for reasons as stated in subsection 3(E)(7)(a) (vii) of this Chapter, EPA will notify the Department and the licensee of such findings in writing.

(2) Within 90 days of EPA's written notification, the Department will send EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. In the event additional information is needed from the licensee, the Department may request from EPA a 90-day extension to resolve the EPA objection.

(3) EPA will review the proposed determination from the Department within 90 days of receipt.

(4) The Department will have 90 days from the receipt of EPA's notification of objection to resolve the objection that EPA makes and to terminate, amend, or revoke and reissue the Part 70 license as prescribed by subsection 2(N) of this Chapter.

(5) If the Department fails to resolve the objection, EPA will revise, terminate, or revoke the Part 70 license, after taking the following actions:

(a) Providing at least 30 days' notice to the licensee in writing of the reasons for any such action. This notice may be given during or after the procedures in 1 and 2 of this section.

(b) Providing the licensee an opportunity for comment on EPA's proposed action and an opportunity for a hearing.

P.Transmittal of the Part 70 License and Amendments to the EPA

The Department will submit to the EPA a copy of all Part 70 licenses, license transfers, 502(b) (10) changes, administrative revisions, and amendments upon issuance.

Q.Effective Date of a Part 70 License

Unless otherwise indicated as a condition of the Part 70 license, a Part 70 license granted by the Department is effective when the Commissioner or the Commissioner's designee signs the Part 70 license. A Part 70 license granted by the Board of Environmental Protection is effective when the BEP chair signs the license.

R.Term of a Part 70 License

Each renewal of a Part 70 license or initial Part 70 license issued by the Department has a term of five years from the date of issuance.

S.Expiration of a Part 70 License

If a complete renewal application as determined by the Department, is submitted at least six months but no more than 18 months prior to expiration, then pursuant to 5 M.R.S. §10002, the license does not expire and all terms and conditions of the Part 70 license remain in effect until the Department takes final action on the renewal of the Part 70 license. Licenses in effect under this provision may also be modified prior to a renewal issuance. The provisions of this subsection do not bar enforcement action pursuant to 5 M.R.S. §10004, 38 M.R.S. §349 or any other applicable statutes.

An existing source submitting a timely and complete renewal application under this Chapter will not be in violation of operating without a Part 70 license.

Failure to submit a timely and complete renewal application renders the license expired and the owner or operator is considered to be operating and maintaining an air contamination source without a Part 70 license from the Department, in violation of this Chapter.

T.Source Obligation

Approval to construct a new source or modification, or an exemption pursuant to subsection 1(D) of this Chapter does not relieve any owner or operator of a source from the responsibility to comply fully with any Applicable requirements and state requirements.

U.Public Access to Information and Confidentiality

As a general rule, all information and data submitted in an application for a Part 70 license is available upon request for public inspection and copying. Any exception to this general rule will be governed by the provisions of the Freedom of Access Law, 1 M.R.S. §401et seq., as amended. Information for which the applicant seeks confidential status shall be conspicuously identified in a separate document and submitted to the Department for a determination that one or more of the criteria of 1 M.R.S. §402(3) with respect to the exemptions from the term "public records" was met. Such information will be stored separately in accordance with procedures developed by the Department. Public records include, but are not limited to, the following:

(1) Information concerning the nature and extent of the emissions of any air contaminant by a source; and

(2) Information submitted by the source with respect to the economic, environmental, and energy impacts of various control options in the determination of the control technology requirements.

In the case where a source has submitted information to the Department under a claim of confidentiality, the Department may also require the source to submit a copy of such information directly to EPA.

The contents of a Part 70 license shall not be treated as confidential.

At reasonable times and location, the Department will provide for the inspection of public records. Charges for copying will reflect the costs to the Department, and payment shall be made to the Maine Environmental Protection Fund.

V.Inspections to Verify Information

Employees and authorized representatives of the Department shall be allowed safe access to the licensee's premises during business hours, or any time during which any emissions units are in operation, and at such other times as the Department deems necessary for the purpose of performing tests, collecting samples, conducting inspections, or examining and copying records relating to emissions.

W.Replacement of Air Pollution Control Systems

If a licensee is proposing to replace an existing air pollution control system, including the replacement of burner systems, the licensee must obtain a license amendment pursuant to 06-096 C.M.R. ch. 115.

X.Licensing of HAP Sources

Pursuant to 38 M.R.S. §585-B, the Department may control HAP emissions by adopting emission limits, design, equipment, work practices, or operational standards for activities emitting hazardous air pollutants if no ambient air quality standards have been established for those pollutants.

Y.Modifications of Part 70 HAP Sources

Sources applying for a new Part 70 HAP source, a modification or reconstruction of a Part 70 HAP source which is not currently subject to a HAP emission limitation, and which sources are not Part 70 major sources, will be reviewed only under the New Source Review section of 06-096 C.M.R. ch. 115.

Z.Computation of Time Period

"Days" are calendar days unless otherwise designated. "Working days" excludes Saturdays, Sundays, holidays observed by the State of Maine, and any other day State of Maine offices are closed for business. In computing any period of time prescribed or allowed by this Chapter, the day of the act or event that starts the period is not included. The last day of the period so computed is included unless it is not a working day or the office at which the filing must be made is closed for business for that day, in which event the period runs until the close of business (5:00 p.m.) the next full working day. Whenever a person has the right or is required to take some action within a prescribed period of time after filing of notice or other paper and the notice or paper is provided by U.S. mail, three (3) days will be added to the prescribed period. This "3-day rule" does not affect any date-certain deadline established by the Department.

06-096 C.M.R. ch. 140, § 2