06- 096 C.M.R. ch. 164, § 3

Current through 2024-51, December 18, 2024

Section 096-164-3 - Terms and Conditions for Concrete Batch Plant (CBP) General Permit Applications

A. Registration of Owner and Operator. Prior to the operation of a CBP, 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 and receive a General Permit Number (GPN). 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 (NOTIC) per Section 3(D) of this rule prior to operation of the equipment. The owner and operator may be the same.

B.Required General Permit (GP) Application Form and Additional Information. The application for a GP 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 manufacturer, model, date(s) of manufacture and installation and maximum processing rate of the Concrete Batch Plant, whether the Concrete Batch Plant is portable, information on the source of the power supply, and any other equipment on-site;

(3) A unique identifier, such as a serial number associated with the GPN;

(4) Any other information that may be necessary to implement and enforce any federal or state air emissions control requirements applicable to the source;

(5) If required by the Department, proposed monitoring, testing, record keeping and reporting protocols, and results of previously performed performance tests; and

(6) A certification statement as set forth in Section 3(F).

C. Equipment Identification Label. The Department will assign a unique General Permit Number (GPN) to each Concrete Batch Plant for which an application has been submitted. The Concrete Batch Plant unit associated with the GPN shall be clearly marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the following:

(1) The current GPN number; or

(2) A serial number or other unique equipment number that is also listed in the GPN 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 owner or operator applies for and obtains an air emission license pursuant to 06-096 CMR Ch. 115.

E.Required NOITC Information. The NOITC shall be in a form prescribed by the Department. The NOITC information shall include, but is not limited to, the following elements:

(1) The GPN or manufacturer's serial number that is permanently marked on the unit if the NOITC is submitted separately from the GP application form;

(2) Identifying information, including the CBP location along with contact information for the operator and plant operator responsible for the unit;

(3) A statement that the operator intends to comply with and operate the listed equipment according 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; and

(5) A compliance certification statement as set forth in Subsection 3 (F).

F.Certification. All General Permit applications and NOITC certification 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 pursuant to 06-096 CMR Ch. 100, Definitions, 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 for the owner 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. 164, General Permit for Concrete Batch Plants and any other applicable state or federal air emission control regulations."

In the event of becoming aware that incorrect information was submitted, the responsible/authorized official must provide the Department with the supplementary facts or corrected information.

Public Notice of Intent to File. No application notification is required for the processing of a GP application or NOITC.

H. Fees. The owner/operator shall pay an annual fee to the Department per 38 MRSA §353-A(4). The first year's fee is due with the GP application form. Payment of the annual air emission general permit fee is required for continuous activation of the general permit. A general permit shall be deactivated if the permit fee is not paid within 60 days of the annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator must reapply for and obtain a new general permit before resuming operation of the CBP and associated equipment.

Application Submittal. An application for a GP shall be filed with the Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017.

J.Source obligation. Neither a GP nor submittal of an 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 used in determining control technology requirements.

06- 096 C.M.R. ch. 164, § 3