Section 096-149-3 - General Terms and Conditions of ApplicationsA.Registration of Owner and Operator. Prior to the operation of a NMMPP the Owner shall either obtain an air emission license per the requirements of 06-096 CMR Ch. 115 or register the equipment with the Department under this rule and receive a General Permit Number. If the Owner elects to register the equipment under this rule (instead of obtaining a license under 06-096 CMR Ch. 115), the Operator must also submit the Notice of Intent to Comply (NOITC) per Section 3(D) of this rule prior to operation of the equipment. The Owner and Operator may be the same.B.Required CIN Application Form and Additional Information. The application for a CIN shall include an application form prescribed by the Department and any other additional information required by the Department, unless otherwise specified by this Chapter. The applicant may not omit information needed to determine the applicability of this rule. The application form and the additional required information shall include, but is not limited to, the following elements: (1) Identifying information, including contact information for the Owner;(2) The age, type, and maximum processing rate of the crusher to be issued a CIN;(3) A unique identifier, such as a serial number, etc. associated with this CIN;(4) Any other information that may be necessary to implement and enforce any requirements applicable to the source pursuant to federal or state air emission control regulations;(5) If required by the Department, proposed monitoring, testing, record keeping and reporting protocols, and results of previously performed performance tests;(6) A certification statement as set forth in Section 3(G).C. Identification of Equipment. The Department will assign a unique Crusher Identification Number (CIN) to each rock crusher for which an application has been submitted. The rock crusher associated with the CIN shall be clearly marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the following: (1) The current CIN number, or(2) A serial number or other unique equipment number that is also listed in the CIN application and which can easily be cross referenced.D.Notice of Intent to Comply. The operator shall submit, on a form designated by the Department, a Notice of Intent to Comply (NOITC). The NOITC shall be submitted to the Department at least two business days prior to commencing operation of the equipment. A copy of the NOITC shall also be sent to the municipality where the equipment will be relocated, except in the case of an unorganized territory where notification will be made to the respective county commissioners. Once the NOITC is submitted, the operator is bound by the conditions of this regulation and shall comply with all applicable conditions until such time as the operator informs the Department, in writing, that they no longer intend to operate the listed equipment or the operator applies for and obtains an air emission license per 06-096 CMR Ch. 115.E. Required NOITC form. The NOITC shall be in a form prescribed by the Department. The NOITC form shall include, but is not limited to, the following elements: (1) The Crusher Identification Number issued by the Department if the NOITC is submitted separately from the CIN application form;(2) Identifying information, including contact information for the Operator;(3) A statement that the operator intends to comply with, and operate the listed equipment to, the terms and conditions set forth in this chapter;(4) Any other information that may be necessary to implement and enforce all requirements applicable to the source pursuant to federal or state air emission control regulations;(5) A certification statement as set forth in Section 3(G).F. Certification. All CIN applications and NOITC forms submitted to the Department in accordance with this chapter shall contain a certification of truth, accuracy, and completeness with the signature and printed name of either the responsible official (see 06-096 CMR Ch. 100) or an authorized official, as defined in this chapter. Signatures of authorized officials must be accompanied with a signed statement from the responsible official giving them the authority to sign on their behalf. The signatory sheet shall make the following certification: "I certify under penalty of law that I have personally examined the information submitted in the document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. I am aware there are significant civil and criminal penalties for submitting false information, including the possibility of fine and imprisonment."
The signatory sheet for the Operator (NOITC form) shall include the certification in the paragraph above in addition to the following certification:
"I certify that the equipment listed in this application shall be operated in compliance with the terms and conditions of 06-096 CMR Ch. 149, General Permit Regulation for Nonmetallic Mineral Processing Plants and any other applicable state or federal air emission control regulations."
Upon becoming aware that incorrect information was submitted, the responsible/authorized official must provide the Department with the supplementary facts or corrected information.
G.Public Notice of Intent to File. No application notification is required for the processing of a CIN or NOITC.H.Fees. The owner shall pay an annual fee to the Department per 38 MRSA, 353-A.10. The first year's fee is due with the CIN application form.I.Submittal Address. An application for a CIN and NOITC shall be filed with the Bureau of Air Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017.J.Source obligation. Neither a CIN nor submittal of a NOITC shall relieve any owner or operator of a source from the responsibility to comply fully with any other requirements applicable to the source.K.Public access to information and confidentiality. All information and data submitted to the Department shall be subject to the provisions of the Freedom of Access Law, Title 1 MRSA §401 et seq., as amended. Documents which the applicant believes may not be subject to disclosure under the Freedom of Access Law should be clearly marked as "claimed confidential" at the time of submission. Such a claim of confidentiality does not itself protect the documents from disclosure, but alerts the Department to the applicant's position that the documents may not be subject to disclosure. Public records include, but are not limited to, the following: (1) Information concerning the nature and extent of the emissions of any regulated pollutant 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.06- 096 C.M.R. ch. 149, § 3