06-096 C.M.R. ch. 115, § 3 - Process for Renewal of a Minor Source License

A. Applicability. The following procedures shall be used for existing minor sources applying for the renewal of a license.

B. Schedule. If the applicant is applying for a renewal of a license, a complete application must be submitted prior to the expiration date of the existing license.

C. Public Notice of Intent to File. The applicant shall give Public Notice of Intent to File as stated in subsection 2(D) of this Chapter.

D. Required Application Information. For a renewal of a license, the applicant shall submit to the Department the information listed below:

(1) The application form and applicable information as specified in subsection 2(B) of this Chapter, containing all required information;

(2) A Best Practical Treatment (BPT) analysis as described below:

BPT. Emissions from existing sources undergoing renewal of a minor source license shall be deemed to be receiving best practical treatment if those emissions are being controlled by pollution control apparatus that has been approved by the Department and which was installed less than 15 years prior to the date of license application approval, or an acceptable best practical treatment analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries. BPT may require the use of additional instrumentation, operating practices, best management practices, fuel content requirements, good combustion techniques, automated process controls, upgrading of component parts, emissions testing, requirements for continuous emission monitors, maintenance programs for air pollution control equipment, or recordkeeping to demonstrate performance of air pollution control systems or other mitigating measures.

For emissions from existing sources for which BPT was determined less than 15 years prior to the date of license application acceptance by the Department, the applicant shall submit a summary of the pollution control apparatus for those emission sources.

If BPT was determined 15 years or more from the date of license application acceptance by the Department, the applicant must demonstrate that each emission unit is receiving BPT and such demonstration shall consider the emission limit for which the air pollution control system was designed, the emission limitations adopted by the Department and in effect at the time of submission of an application for renewal, as well as the reliability, age, and life expectancy of the air pollution control system.

For some existing sources, a simple certification attesting the source is meeting BPT may be submitted for Department approval.

BPT shall not require the use of a lower sulfur content fuel unless a lower sulfur fuel is required to comply with the applicable emissions standards or applicable ambient air quality standards.

BPT shall not force replacement of existing air pollution control equipment solely on the basis that more efficient or reliable air pollution control equipment is available at the time of renewal. However, BPT may require replacement with more efficient or reliable air pollution control equipment under the following conditions:

(a) The applicant is proposing replacement of the existing air pollution control equipment;

(b) Any emissions unit violates the applicable emission limitation;

(c) Additional reductions are necessary to achieve or maintain ambient air quality standards;

(d) The Department determines that previously uncontrolled emissions should be controlled in order to prevent an unreasonable risk to the environment or public health;

(e) The Department determines that previously controlled emissions should be controlled to a greater efficiency considering the toxicity of regulated pollutants; or

(f) Additional reductions are necessary to restore ambient increment even if that ambient increment was previously authorized to the owner or operator of an existing source.

(3) Reasonably Available Control Technology. The applicant for an existing source located in, or whose emissions of a federal nonattainment pollutant result in a significant impact to any federal nonattainment area, shall include a summary of the conditions the source complies with to meet RACT requirements.

(4) Ambient Air Quality Impact Analysis. If required by the Department pursuant to Section 7 of this Chapter, the applicant shall submit the results of any ambient air quality impact analyses.

(5) 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 (cut or copied from the newspaper in which it was printed) pursuant to subsection 2(D) of this Chapter.

E. License Content. The Department may impose any appropriate and reasonable license conditions to ensure or maintain compliance with any requirements, emission limitations, ambient air quality standards, or regulations.

The following elements shall be included in the license:

(1) Equipment Description and Emission Limitations. The license shall contain terms and conditions with respect to emissions that the Department determines are sufficient to assure compliance with any applicable requirement and shall include the following:

(a) A list of all emission units that are subject to licensing pursuant to subsection 1(B) of this Chapter;

(b) Emission limitations, including those operational requirements and limitations that assure compliance with any requirement at the time of issuance of license; and

(c) A brief technical evaluation of the controls considered as BPT.

(2) Compliance Assurance Requirements. The license shall include the following compliance assurance elements:

(a) A description of all required monitoring and analysis procedures or test methods required under the requirements applicable to the source.

(b) A description of all recordkeeping requirements.

(c) A description of all reporting requirements.

(3) Licenses for portable sources shall include conditions that will assure compliance with all requirements applicable to the source at all authorized locations and the requirements of this Chapter, including requirements that the owner or operator notify the Department at least ten (10) days in advance of each change in location, unless the Department allows for a shorter notice.

(4) Ambient Air Quality Impact Analysis. The license shall include a section summarizing any required ambient air quality impact analysis.

(5) Standard Conditions. All licenses shall include and be subject to the following standard conditions:

(a) Employees and authorized representatives of the Department shall be allowed 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 (reference Title 38 MRSA §347-C );

(b) The licensee shall acquire a new or amended air emission license prior to beginning actual construction of a modification, unless specifically provided for in Chapter 115;

(c) Approval to construct shall become invalid if the source has not commenced construction within eighteen (18) months after receipt of such approval or if construction is discontinued for a period of eighteen (18) months or more. The Department may extend this time period upon a satisfactory showing that an extension is justified, but may condition such extension upon a review of either the control technology analysis or the ambient air quality standards analysis, or both;

(d) The licensee shall establish and maintain a continuing program of best management practices for suppression of fugitive particulate matter during any period of construction, reconstruction, or operation which may result in fugitive dust, and shall submit a description of the program to the Department upon request;

(e) The licensee shall pay the annual air emission license fee to the Department, calculated pursuant to Title 38 MRSA §353.

(f) The license does not convey any property rights of any sort, or any exclusive privilege;

(g) The licensee shall maintain and operate all emission units, air pollution control and monitoring systems required by the air emission license in a manner consistent with good air pollution control practice for minimizing emissions;

(h) The licensee shall maintain sufficient records to accurately document compliance with emission standards and license conditions and shall maintain such records for a minimum of six (6) years. The records shall be submitted to the Department upon written request;

(i) The licensee shall comply with all terms and conditions of the air emission license. The filing of an appeal by the licensee, the notification of planned changes or anticipated noncompliance by the licensee, or the filing of an application by the licensee for the renewal of a license or amendment shall not stay any condition of the license.

(j) The licensee may not use as a defense in an enforcement action that the disruption, cessation, or reduction of licensed operations would have been necessary in order to maintain compliance with the conditions of the air emission license;

(k) In accordance with the Department's air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the Department, the licensee shall:

(i) perform stack testing to demonstrate compliance with the applicable emission standards under circumstances representative of the facility's normal process and operating conditions:

a. within sixty (60) calendar days of receipt of a notification to test from the Department or EPA, if visible emissions, equipment operating parameters, staff inspection, air monitoring or other cause indicate to the Department that equipment may be operating out of compliance with emission standards or license conditions; or

b. pursuant to any other requirement of this license to perform stack testing.

(ii) install or make provisions to install test ports that meet the criteria of 40 CFR Part 60, Appendix A, and test platforms, if necessary, and other accommodations necessary to allow emission testing; and

(iii) submit a written report to the Department within thirty (30) days from date of test completion.

(l) If the results of a stack test performed under circumstances representative of the facility's normal process and operating conditions indicate emissions in excess of the applicable standards, then:

(i) within thirty (30) days following receipt of the written test report by the Department, or another alternative timeframe approved by the Department, the licensee shall re-test the non-complying emission source under circumstances representative of the facility's normal process and operating conditions and in accordance with the Department's air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the Department;

(ii) the days of violation shall be presumed to include the date of stack test and each and every day of operation thereafter until compliance is demonstrated under normal and representative process and operating conditions, except to the extent that the facility can prove to the satisfaction of the Department that there were intervening days during which no violation occurred or that the violation was not continuing in nature; and

(iii) the licensee may, upon the approval of the Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis prior to a demonstration of compliance under normal and representative process and operating conditions.

(m) Notwithstanding any other provision in the State Implementation Plan approved by the EPA or Section 114(a) of the CAA, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any statute, regulation, or license requirement.

(n) The licensee shall maintain records of malfunctions, failures, downtime, and any other similar change in operation of air pollution control systems or the emissions unit itself that would affect emissions and that is not consistent with the terms and conditions of the air emission license. The licensee shall notify the Department within two (2) days or the next state working day, whichever is later, of such occasions where such changes result in an increase of emissions. The licensee shall report all excess emissions in the units of the applicable emission limitation; and

(o) Upon written request of the Department, the licensee shall establish and maintain such records, make such reports, install, use and maintain such monitoring equipment, sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine the licensee's compliance status.

(p) The licensee shall notify the Department within 48 hours and submit a report to the Department on a quarterly basis if a malfunction or breakdown in any component causes a violation of any emission standard (reference Title 38 MRSA §605-C).

F. Criteria for license approval. The Department shall grant the license if the following criteria are met:

(1) The Department has received a complete application for a license pursuant to this Chapter;

(2) The emissions will receive best practical treatment (BPT), including, but not limited to, the requirements specified in subsection 3(D)(2) of this Chapter;

(3) The emissions will not violate state standards adopted by the Department pursuant to Title 38 MRSA §585 or can be controlled so as not to violate the same;

(4) The emissions either alone or in conjunction with existing emissions will not violate or can be controlled so as not to violate applicable ambient air quality standards including, but not limited to, ambient increments as adopted by the Department pursuant to Title 38 MRSA §584; or for those sources locating within or significantly impacting a federal nonattainment area, the impact to ambient air quality standards is consistent with any plan demonstrating Reasonable Further Progress as defined in Section 171 of the CAA;

(5) The conditions of the license provide for compliance with all state requirements and the relevant requirements of this Chapter;

(6) The Department and applicant have complied with the public participation and review procedures for issuance of a license pursuant to subsection 2(D) of this Chapter;

(7) All control technology requirements, including, but not limited to, BPT, BACT, RACT, LAER, and other operating limitations for any emissions unit will be complied with;

(8) If the applicant proposes to change the emission limit upon which an air quality impact analysis was based, the applicant may be required to provide a new air quality impact analysis for the new emission limit; and

(9) If an air emission license renewal can be granted only if the licensee installs additional emissions controls or other mitigating measures, then the licensee may continue to emit pollutants from emission sources that will receive these controls or measures up to the same level allowed in its existing license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than twenty-four (24) months after the Department issues the license renewal, except as provided in this subsection. After a demonstration by the licensee that it can not install and bring to full operation the required emission controls or mitigating measures within the twenty-four (24) month period, the Department may establish a later date for the installation and operation.

G. Joint Processing. A renewal license may incorporate a minor modification, minor revision or license transfer when being processed. However, the source must meet the processing requirements of each, as applicable.

H. Draft Notification. No public draft notification is required for a renewal.

Notes

06-096 C.M.R. ch. 115, § 3