Section 096-169-4 - Emission StandardsStationary generators subject to regulation under this Chapter shall meet the following emissions standards:
A.Non-Emergency Generators. A non-emergency generator shall be powered by an engine that meets, at a minimum, the emission standards contained in 40 C.F.R. Part 60 , Subpart IIII as amended on June 29, 2021, 40 C.F.R. Part 60 , Subpart JJJJ as amended on June 29, 2021, or 40 C.F.R. Part 63 , Subpart ZZZZ as amended on December 4, 2020, as applicable.B.Emergency Generators.(1) An engine with rated output of less than 1,000 brake horsepower (747 kilowatts) used to power an emergency generator must meet, at a minimum, the applicable emission standards and compliance methods contained in 40 C.F.R. Part 60 , Subpart IIII as amended on June 29, 2021, 40 C.F.R. Part 60 , Subpart JJJJ as amended on June 29, 2021, or 40 C.F.R. Part 63 , Subpart ZZZZ as amended on December 4, 2020.(2) An engine with rated output equal to or greater than 1,000 brake horsepower (747 kilowatts) used to power an emergency generator must comply with one of the following: a. If the unit is a compression ignition engine, it must meet, at a minimum, the emission standards and compliance methods in 40 C.F.R. Part 60 , Subpart IIII (as amended on June 29, 2021) for new non-emergency engines of the same size;b. If the unit is a spark ignition engine, it must meet, at a minimum, the emission standards and compliance methods in 40 C.F.R. Part 60 , Subpart JJJJ (as amended June 29, 2021) for new non-emergency engines of the same size;c. The engine must be limited by a license condition to a total usage (emergency and non-emergency use combined) of 500 hours per year on a 12-month rolling total basis. If there are periods of extended outage such as a natural disaster or other similar event outside the control of the owner or operator, the owner or operator may apply to the Commissioner of the Department of Environmental Protection for a temporary variance to exempt specific time periods from this annual hour limit. The Commissioner may, without hearing, issue that variance for a period of time not to exceed 30 days if, in his/her judgement, the variance is necessary to avoid immediate threat to public health, safety, or general welfare or to protect critical infrastructure;d. Results of a qualitative ambient impact screening analysis must demonstrate to the Department's satisfaction that emissions from the engine(s) will not cause or contribute to violations of ambient air quality standards including, but not limited to, ambient increments as adopted by the Department pursuant to 38 M.R.S. § 584 . The analysis may consider factors including, but not limited to, emission rates, stack height and location, height and configuration of nearby structures, proximity of sensitive receptors (e.g., schools, nursing homes, normally occupied building air intakes), terrain features, and operational limits. Agreement with the conclusions of such analysis and its sufficiency to assure protection of standards is solely at the discretion of the Department; or e. Results of an ambient air quality dispersion modeling analysis as approved by the Department must demonstrate that emissions from the engine, either alone or in conjunction with existing emissions from other sources, will not cause or contribute to violations of ambient air quality standards including, but not limited to, ambient increments as adopted by the Department pursuant to 38 M.R.S. § 584 . Note: In some instances, federal emission standards may be more stringent than the requirements of this rule. In all cases, the more stringent standard shall apply.
06-096 C.M.R. ch. 169, § 4