06- 096 C.M.R. ch. 115, § 4 - New Source Review for New Sources and Modifications

If the applicant is applying for a Major or Minor Modification or a new major or minor source license, the license must be issued by the Department prior to beginning actual construction of the modification or the new source.

A. Process for Major Modification or New Major Source License
(1) Applicability. The following procedures shall be used for new major source licenses and Major Modifications, as defined in 06-096 CMR 100. These procedures incorporate New Source Review requirements pursuant to Title 1, Part C and Part D of the CAA.
(2) Schedule.An applicant who intends to construct a phased construction project in which the construction phases exceed 18 months or the period of the license, whichever is less, shall submit an application for a Major Modification for each future phase, including a new Best Available Control Technology (BACT) determination pursuant to subsection 4(A)(4)(d) of this Chapter.
(3) Application Notification
(a) The applicant shall publish a Public Notice of Intent to File as specified in subsection 2(D) of this Chapter.
(b) The applicant shall send by certified mail to all abutters, a copy of the notice of Intent to File.
(c) The applicant shall send a copy of the application, including any supporting documentation and any subsequent amendments to the application, to EPA Region I.
(d) The applicant and/or the Department shall notify and, if requested, provide a copy of the application to all Federal Land Managers listed in 06-096 CMR 100, and the Indian governing body of any reservation located within 50 km of any Major Modification or new Major source on or before the date the applicant provides public Notice of Intent to File, and provide at least a thirty (30) days public comment period.

NOTE: See Classification of Air Quality Control Regions, 06-096 CMR 114(1)(C) for a listing of federal lands which have been established as mandatory Class I areas. Check with the Department, Federal Land Manager or Indian governing body for the most current list of specific local and national modeling review contacts and addresses for the federal lands.

(4) Required Application Information. The applicant shall submit to the Department the information listed below:
(a) The application form as specified in subsection 2(B) of this Chapter that contains the required information;
(b) A description of the nature, location, plot plan, building dimensions, and any other information required by the Department;
(c) A schedule for construction of the Major Modification or the new major source;
(d) Best Available Control Technology (BACT) Analysis. The applicant must demonstrate that each emissions unit to be constructed, reconstructed or modified will receive BACT as defined in 06-096 CMR 100. BACT shall be applied to all regulated pollutants from new emission units, including fugitive as well as stack emissions. For modified emissions units, BACT shall be applied to the regulated pollutants that will be emitted in greater amounts as a result of the modification and BPT shall apply to other regulated pollutants from the modified unit(s). In selecting one of the control technology alternatives, the applicant should consider application of flue gas treatment, fuel treatment and processes, and techniques which are inherently low polluting and are economically feasible. In cases where technological or economic limitations on the application of measurement techniques would make the imposition of an emission limitation infeasible, a design, operating, equipment, or work practice standard may be provided by the source. The BACT analysis shall include the following steps:
(i) Identify all potential control strategies.
(ii) Eliminate technically infeasible options. The demonstration of technical infeasibility should be clearly documented and should show, based on physical, chemical and engineering principles, that the technical difficulties would preclude the successful use of the control option on the emission unit under review.
(iii) Rank remaining control technologies by control effectiveness. The ranking should include relevant information including:
(a) control effectiveness
(b) expected emission rate
(c) expected emission reduction
(d) energy impacts
(e) environmental impacts
(f) economic impacts
(iv) Evaluate most effective controls and document results. The evaluation should include case by case consideration of energy, environmental and economic impacts. If top option is not selected as BACT, the evaluation should consider the next most effective control option.
(v) Select BACT. BACT is the most effective option not rejected in Step (iv).
(e) Lowest Achievable Emission Rate (LAER) Analysis. The applicant with a significant emissions increase or a new major source with significant emissions of a federal nonattainment pollutant located in the geographical boundaries of a nonattainment area or the Ozone Transport Region, or whose emissions will significantly impact a nonattainment area, must demonstrate that LAER is being met for the federal nonattainment pollutant.

NOTE: LAER is required in areas EPA has designated as federal nonattainment or in areas Maine has designated as nonattainment but EPA has not yet taken final action. LAER is based on the State's applicability criteria in all cases, except where the Department has amended the attainment status from federal nonattainment to attainment pursuant to 06-096 CMR 114. In those cases where the Department has completed redesignation procedures from federal nonattainment to attainment, but for which EPA has not taken final action, EPA's applicability criteria in Sections 172(b)(6) and 173 of the CAA apply.

(f) Innovative control technology waiver
(i) Conditions for approval. If the facility is located in an attainment area, the applicant may request the Department to grant a waiver from any or all of the requirements for control technology and to approve a system of innovative control technology. The Department may grant a waiver for the implementation of innovative control technology under the following conditions:
(a) The proposed system of innovative control technology will not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;
(b) The applicant agrees to achieve, by a date approved by the Department, a continuous emissions reduction rate greater than or equivalent to the rate that would have been required by BACT. The date of achievement shall be no later than four (4) years from the time of startup or seven (7) years from the issuance of the license.
(c) The modification or new source will meet the control technology requirements and Section 7 of this Chapter based on the emissions rate that the applicant would be required to meet on the date specified by the Department;
(d) The modification or new source will not, prior to the date specified by the Department in subsection 4(A)(4)(f)(i)(b):
(i) Cause or contribute to any violation of any applicable ambient air quality standard;
(ii) Impact any area where an applicable ambient increment is known to be violated;
(iii) Cause a significant impact in any PM10, PM2.5, SO2, or NO2 nonattainment area; or
(iv) Cause or contribute to an adverse AQRV impact in any Class I area; and
(e) The applicant will meet all of the relevant requirements of this Chapter, including the requirements for public participation.
(ii) Conditions for withdrawal. The Department shall withdraw any approval to employ a system of innovative control technology under the following conditions:
(a) The proposed system of innovative control technology fails to achieve the continuous emissions reduction rate by the specified date;
(b) The proposed system of innovative control technology fails before the specified date, so as to contribute to an unreasonable risk to public health, welfare, or safety; or
(c) The Department decides at any time that the proposed system of innovative control technology is unlikely to achieve the continuous emissions reduction rate by the specified date, or will cause or contribute to an unreasonable risk to public health, welfare or safety.
(iii) Extension of compliance deadline. If the applicant fails to meet the continuous emissions reduction rate by the specified date, or if the Department's approval is withdrawn in accordance with subsection 4(A)(4)(f)(ii) of this Chapter, the Department may allow the applicant an additional period, not to exceed three (3) years, to meet the requirement for the application of BACT through use of a demonstrated system of control.
(g) Compliance Monitoring Methods. All process control and compliance monitoring devices or activities, and any other emission reduction system planned by the owner or operator of a Major Modification or a new source license, and such other information required to accurately establish emission estimates, and to document future compliance; and
(h) Growth Analysis. The air quality impacts and the nature and extent of emissions from all general, commercial, residential, industrial, and other growth in the area affected by the Major Modification or the new major source license, including associated mobile sources, which has occurred since August 7, 1977 for sulfur dioxide (SO2) and PM10, since February 8, 1988 for NO2, and since October 20, 2010 for PM2.5 pursuant to Section 7 of this Chapter. The growth analysis shall be performed only for those pollutants (SO2, PM10, PM2.5 and/or NO2) for which the modification or new source was determined as major.
(i) Title, Right or Interest. Prior to acceptance of an application for processing for a new source license, the applicant shall demonstrate to the Department's satisfaction sufficient title, right or interest in all of the property which is proposed for development or use in accordance with the following provisions:
(i) When the applicant owns the property, a copy of the deed(s) to the property must be supplied;
(ii) When the applicant has a lease or easement on the property, a copy of the lease or easement must be supplied. The lease or easement must be of sufficient duration and terms, as determined by the Department, to license the proposed construction and reasonable use of the property, including reclamation, closure and post closure care, where required;
(iii) When the applicant has an option to buy or lease the property, a copy of the option agreement must be supplied. The option agreement must be sufficient, as determined by the Department, to give rights to title, or a leasehold or easement of sufficient duration and terms to permit the proposed construction and use of the property including closure and post closure care, where required;
(iv) When the applicant has eminent domain power over the property, evidence must be supplied as to the ability and intent to use the eminent domain power to acquire sufficient title, right or interest as determined by the Department; and
(v) When the applicant has either a valid preliminary permit or a notification of acceptance for filing of an application for a license from the Federal Energy Regulatory Commission for the site which is proposed for development or use, a copy of that permit or notification must be supplied.
(j) Ambient Air Quality Impact Analysis. If required by the Department pursuant to Section 7 of this Chapter, the applicant shall submit the results of ambient air quality impact analyses, including an analysis of the impacts to Air Quality Related Values and impact on visibility if the Department determines that the source may affect ambient increments or Air Quality Related Values in any Class I area or integral vista to that Class I area. The analysis shall be performed pursuant to Section 7 of this Chapter. This analysis shall be used in the completeness determination of the application.
(k) The certification of the responsible official as specified in subsection 2(C) of this Chapter and a copy of the published Public Notice of Intent to File as specified in subsection 2(D) of this Chapter.
(5) License Content. The license content shall contain all of the relevant criteria as specified in subsection 3(E) of this Chapter.
(6) Criteria for license approval. The Department shall grant the license, if the following criteria are met:
(a) The Department has received a complete application for a license pursuant to this Chapter;
(b) The emissions will receive BACT and/or LAER, as applicable;
(c) 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;
(d) 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;
(e) The conditions of the license provide for compliance with all state requirements and the relevant requirements of this Chapter;
(f) The Department and applicant have complied with the public participation and EPA notification and review procedures for issuance of a license pursuant to subsections 4(A)(3) and 4(A)(7) of this Chapter;
(g) The emissions will not have an adverse impact on Air Quality Related Values of any Class I area, including any integral vista for that Class I area;
(h) Pursuant to the requirements of Title I, Part D of the CAA, the Department shall not issue a license if the EPA has determined that implementation of the State Implementation Plan is inadequate for the federal nonattainment area in which the proposed source or modification will be constructed;
(i) With respect to any Major Modification or any new major source, which will emit significant emissions of a nonattainment pollutant, which seeks to locate in the geographical boundaries of a federal nonattainment area or the Ozone Transport Region, or which will have a significant impact on a federal nonattainment area, the following conditions will be met:
(i) All sources owned or operated by the applicant (or by any entity controlling, controlled by, or under common control with such person) in this State are in compliance, or on an enforceable schedule for compliance, with all applicable emission limitations under the CAA including, but not limited to, the terms and conditions of any license, the applicable emission limitations and the ambient air quality standards;
(ii) The owner or operator has complied with the applicable provisions of Growth Offset Regulation, 06-096 CMR 113; and
(iii) The owner or operator has conducted an analysis of alternative sites, sizes, production processes, and environmental control techniques for such proposed source which demonstrates that benefits of the proposed source significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.
(j) If an air emission license amendment 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 amendment, except as provided in this subsection. After a showing of 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.
(7) Draft License Notification
(a) A comment period of 30 days shall be held for the public and EPA on the draft license, as described in subsection 2(K) of this Chapter.
(b) Where the conditions of subsection 4(A)(3)(D) of this Chapter are applicable, the applicant shall send the appropriate Federal Land Manager or Indian governing body, if requested, on or before the date the applicant provides Notice of Draft Availability to the public, a copy of the draft license. The Department shall receive comment for at least thirty (30) days, beginning after the day on which the notice of the Draft Availability is published, or after the last day on which all of the persons in this section are mailed notice, whichever is later.
B. Process for a Plantwide Applicability Limit (PAL) at a Major Source
(1) Applicability. The following procedures shall be used for a PAL. These procedures incorporate state New Source Review requirements.
(2) Public Notice of Intent to File. The applicant shall publish a Public Notice of Intent to File as specified in subsection 2(D).
(3) Required Application Information. The applicant shall submit to the Department the information listed below, as applicable:
(a) The application form as specified in subsection 2(B) of this Chapter that contains the required information;
(b) A description of the nature of the process, location of the source, plot plan, building dimensions, and any other information required by the Department;
(c) For new emission units included in the PAL, Best Available Control Technology (BACT) analysis as described in subsection 4(A)(4)(d) of this Chapter;
(d) A list of all emission units at the source designated as small, significant or major based on their potential to emit. In addition, the owner of operator of the source shall indicate which, if any, Federal or State applicable requirements, emission limitations, or work practices apply to each unit, as applicable;
(e) Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with the normal operation of the unit, but also emissions associated with startup, shutdown, and malfunction, as applicable;
(f) The calculation procedures that the major stationary source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month, as applicable;
(g) The certification of the responsible official as specified in subsection 2(C) of this Chapter and a copy of the published Public Notice of Intent to File as specified in subsection 2(D) of this Chapter; and
(h) Other information as specified in subsection 4(B)(10)(c) of this Chapter.
(4) General requirements for establishing PALs
(a) The Department may establish a PAL at a major stationary source, provided that at a minimum, the following requirements are met:
(i) The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major stationary source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.
(ii) The PAL shall be established in a PAL license that meets the public participation requirements in subsection 4(B)(5) of this Chapter.
(iii) The PAL license shall contain all the requirements of subsection 4(B)(7) of this Chapter and all relevant criteria as specified in subsection 3(E) of this Chapter.
(iv) The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source.
(v) Each PAL shall regulate emissions of only one pollutant.
(vi) Each PAL shall have a PAL effective period of 10 years.
(vii) The owner or operator of the major stationary source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsection 4(B)(12) through (14) of this Chapter for each emissions unit under the PAL through the PAL effective period.
(b) At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 40 CFR Part §51.165(a)(3)(ii) unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.
(5) Public participation requirements for PALs. PALs for existing major stationary sources shall be established, renewed, or increased through a procedure that is consistent with subsection 4(A)(7) of this Chapter and other requirements of this section. This includes the requirement that the applicant provide the public with notice of the draft PAL license availability and at least a 30-day period for submittal of public comment. The Department must address all material comments before taking final action on the license.
(6) Setting the 10-year actual emissions PAL level
(a) Except as provided in subsection 4(B)(6)(b) of this Chapter, the plan shall provide that the actual emissions PAL level for a major stationary source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant emissions increase for the PAL pollutant. When establishing the actual emissions PAL level for a PAL pollutant, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Department shall specify a reduced PAL level(s) (in tons per year) in the PAL license to become effective on the future compliance date(s) of any applicable Federal or State regulatory requirement(s) that the Department is aware of prior to issuance of the PAL license. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers by half from baseline emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the license shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).
(b) For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subsection 4(B)(6)(a) of this Chapter, the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.
(7) Contents of the PAL license.The PAL license must contain, at a minimum, the following information and all relevant criteria as specified in subsection 3(E) of this Chapter.
(a) The PAL pollutant and the applicable source-wide emission limitation in tons per year.
(b) The PAL license effective date and the expiration date of the PAL (PAL effective period).
(c) Specification that if a major stationary source owner or operator applies to renew a PAL in accordance with subsection 4(B)(10) of this Chapter before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL license is issued by the Department.
(d) A requirementthat emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.
(e) A requirement that, once the PAL expires, the major stationary source is subject to the requirements of subsection 4(B)(9) of this Chapter.
(f) The calculation procedures that the major stationary source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by subsection 4(B)(13)(a) of this Chapter.
(g) A requirement that the major stationary source owner or operator monitor all emissions units in accordance with the provisions under subsection 4(B)(12) of this Chapter.
(h) A requirement to retain the records on site required under subsection 4(B)(13) of this Chapter. Such records may be retained in an electronic format.
(i) A requirement to submit the reports required under subsection 4(B)(14) of this Chapter by the required deadlines.
(j) Any other requirements that the Department deems necessary to implement and enforce the PAL.
(8) PAL effective period and reopening of the PAL license. The requirements in subsection 4(B)(8)(a) and (b) of this Chapter apply to actual emissions PALs.
(a) PAL effective period. The Department shall specify a PAL effective period of 10 years.
(b) Reopening of the PAL license
(i) During the PAL effective period, the Department must reopen the PAL license to:
(a) Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;
(b) Reduce the PAL if the owner or operator of the major stationary source creates creditable emissions reductions for use as offsets under 40 CFR Part §51.165(a)(3)(ii); and
(c) Revise the PAL to reflect an increase in the PAL as provided under subsection 4(B)(11) of this Chapter.
(ii) The Department shall have discretion to reopen the PAL license for the following:
(a) Reduce the PAL to reflect newly applicable Federal requirements (for example, NSPS) with compliance dates after the PAL effective date;
(b) Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the Department may impose on the major stationary source under the State Implementation Plan; and
(c) Reduce the PAL if the Department determines that a reduction is necessary to avoid causing or contributing to a NAAQS or PSD increment violation, or to an adverse impact on an air quality related value that has been identified for a Federal Class I area by a Federal Land Manager and for which information is available to the general public.
(iii) Except for the license reopening in subsection 4(B)(8)(b)(i)(a) of this Chapter for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of subsection 4(B)(5) of this Chapter.
(9) Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in subsection 4(B)(10) of this Chapter shall expire at the end of the PAL effective period, and the requirements in subsection 4(B)(9)(a) through (e) of this Chapter shall apply.
(a) Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised license established according to the procedures in subsection 4(B)(9)(a)(i) and (ii) of this Chapter.
(i) Within the time frame specified for PAL renewals in subsection 4(B)(10)(b) of this Chapter, the major stationary source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate as decided by the Department) by distributing the PAL allowable emissions for the major stationary source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under subsection 4(B)(10)(e) of this Chapter, such distribution shall be made as if the PAL had been adjusted.
(ii) The Department shall decide whether and how the PAL allowable emissions will be distributed and issue a revised license incorporating allowable limits for each emissions unit, or each group of emissions units, as the Department determines is appropriate.
(b) Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Department may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation.
(c) Until the Department issues the revised license incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subsection 4(B)(9)(a)(ii) of this Chapter, the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.
(d) Any physical change or change in the method of operation at the major stationary source or GHG-only source will be subject to major NSR requirements if such change meets the definition of major modification defined in Definitions Regulation, 06-096 CMR 100.
(e) The major stationary source or GHG-only source owner or operator shall continue to comply with any State or Federal applicable requirements (BACT, RACT, NSPS, etc.) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to 40 CFR Part 52.21(r)(4), but were eliminated by the PAL in accordance with the provisions in 40 CFR Part 52.21(aa)(1)(ii)(c).
(10) Renewal of a PAL
(a) The Department shall follow the public participation requirements for PALS specified in subsection 4(B)(5) of this Chapter in approving any request to renew a PAL for a major stationary source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Department.
(b) Application deadline. A major stationary source owner or operator shall submit a timely application to the Department to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of license expiration. This deadline for application submittal is to ensure that the license will not expire before the license is renewed. If the owner or operator of a major stationary source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised license with the renewed PAL is issued.
(c) Application requirements. The application to renew a PAL license shall contain the following information:
(i) The information required in subsection 4(B)(3)(d) through (f) of this Chapter.
(ii) A proposed PAL level.
(iii) The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).
(iv) Any other information the owner or operator wishes the Department to consider in determining the appropriate level for renewing the PAL.
(d) PAL adjustment. In determining whether and how to adjust the PAL, the Department shall consider the options outlined in subsection 4(B)(10)(d)(i) and (ii) of this Chapter. However, in no case may any such adjustment fail to comply with subsection 4(B)(10)(d)(iii) of this Chapter.
(i) If the emissions level calculated in accordance with subsection 4(B)(6) of this Chapter is equal to or greater than 80 percent of the PAL level, the Department may renew the PAL at the same level without considering the factors set forth in subsection 4(B)(10)(d)(ii) of this Chapter; or
(ii) The Department may set the PAL at a level:
(a) Determined to be more representative of the source's baseline actual emissions;
(b) Determined to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions; or
(c) Other factors as specifically identified by the Department.
(iii) Notwithstanding subsection 4(B)(10)(d)(i) and (ii) of this Chapter:
(a) If the potential to emit of the major stationary source is less than the PAL, the Department shall adjust the PAL to a level no greater than the potential to emit of the source; and
(b) The Department shall not approve a renewed PAL level higher than the current PAL, unless the major stationary source has complied with the provisions of subsection 4(B)(11) of this Chapter (increasing a PAL).
(e) If the compliance date for a State or Federal requirement that applies to the PAL source occurs during the PAL effective period, and if the Department has not already adjusted the PAL for such requirement, the PAL shall be adjusted at the time of PAL license renewal or Part 70 license renewal, whichever occurs first.
(11) Increasing a PAL during the PAL effective period
(a) The Department may increase a PAL emission limitation only if the major stationary source complies with the following provisions:
(i) The owner or operator of the major stationary source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major stationary source's emissions to equal or exceed its PAL.
(ii) As part of this application, the major stationary source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small PAL emissions units, plus the sum of the baseline actual emissions of the significant and major PAL emissions units assuming application of BACT equivalent controls, plus the sum of the allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major PAL emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.
(iii) The owner or operator obtains a major NSR license for all emissions unit(s) identified in subsection 4(B)(11)(a)(i) of this Chapter, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.
(iv) The PAL license shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
(b) The Department shall calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major PAL emissions units (assuming application of BACT equivalent controls as determined in accordance with subsection 4(B)(11)(a)(ii) of this Chapter), plus the sum of the baseline actual emissions of the small PAL emissions units.
(c) The PAL license shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection 4(B)(5) of this Chapter.
(12) Monitoring requirements for PALs
(a) General requirements
(i) Each PAL license must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL license must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL license.
(ii) The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in subsection 4(B)(12)(b)(i) through (iv) of this Chapter and must be approved by the Department.
(iii) Notwithstanding subsection 4(B)(12)(a)(ii) of this Chapter, the applicant may also employ an alternative monitoring approach that meets subsection 4(B)(12)(a)(i) of this Chapter if approved by the Department.
(iv) Failure to use a monitoring system that meets the requirements of this section renders the PAL invalid.
(b) Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subsection 4(B)(12)(c) through (i) of this Chapter:
(i) Mass balance calculations for activities using coatings or solvents;
(ii) CEMS;
(iii) CPMS or PEMS; and
(iv) Emission factors.
(c) Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:
(i) Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;
(ii) Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and
(iii) Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Department determines there is site-specific data or a site-specific monitoring program to support another content within the range.
(d) CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) CEMS must comply with applicable Performance Specifications found in 40 CFR Part 60, appendix B; and
(ii) CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.
(e) CPMS or PEMS.An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:
(i) The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and
(ii) Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Department, while the emissions unit is operating.
(f) Emission factors.An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:
(i) All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;
(ii) The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and
(iii) If technically practicable, the owner or operator of a significant PAL emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within 6 months of PAL license issuance, unless the Department determines that testing is not required.
(g) A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL license.
(h) Notwithstanding the requirements in subsection 4(B)(12)(c) through (g) of this Chapter, where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Department shall, at the time of license issuance:
(i) Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s); or
(ii) Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.
(i) Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Department. Such testing must occur at least once every 5 years after issuance of the PAL.
(13) Recordkeeping requirements
(a) The PAL license shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for 5 years from the date of such record.
(b) The PAL license shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus 5 years:
(i) A copy of the PAL license application and any applications for revisions to the PAL; and
(ii) Each annual certification of compliance pursuant to Part 70 and the data relied on in certifying the compliance.
(14) Reporting and notification requirements.The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Department in accordance with the applicable Part 70 operating license program. The reports shall meet the following requirements:
(a) Semi-annual report.The semi-annual report shall be submitted to the Department within 30 days of the end of each reporting period. This report shall contain the following information:
(i) The identification of owner and operator and the license number.
(ii) Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to subsection 4(B)(13)(a) of this Chapter.
(iii) All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.
(iv) A list of any emissions units modified or added to the major stationary source during the preceding 6-month period.
(v) The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.
(vi) A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the license, as provided by subsection 4(B)(12)(g) of this Chapter.
(vii) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.
(b) Deviation report.The major stationary source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 40 CFR Part 70.6(a)(3)(iii)(B) shall satisfy this reporting requirement. The deviation reports shall be submitted within the time limits prescribed by the applicable program implementing 40 CFR Part 70.6(a)(3)(iii)(B). The reports shall contain the following information:
(i) The identification of owner and operator and the license number;
(ii) The PAL requirement that experienced the deviation or that was exceeded;
(iii) Emissions resulting from the deviation or the exceedance; and
(iv) A signed statement by the responsible official certifying the truth, accuracy, and completeness of the information provided in the report.
(c) Re-validation results. The owner or operator shall submit to the Department the results of any re-validation test or method within 3 months after completion of such test or method.
(15) If any provision of this section, or the application of such provision to any person or circumstance, is held invalid, the remainder of this section, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
C. New Minor Source or Minor Modification Licensing Process
(1) Applicability. The following procedures shall be used for new minor source licenses and Minor Modifications. These procedures incorporate state New Source Review requirements.
(2) Schedule. An applicant who intends to construct a phased construction project in which the construction phases exceed 18 months or the period of the license, whichever is less, shall submit an application for a Minor Modification for each future phase, including a new Best Available Control Technology (BACT) determination.
(3) Application Notification. The applicant shall publish a Public Notice of Intent to File as specified in subsection 2(D) of this Chapter.
(4) Required Application Information. The applicant shall submit to the Department the information listed below, as applicable:
(a) The application form as specified in subsection 2(B) of this Chapter that contains the required information;
(b) A description of the nature of the process, location of the source, plot plan, building dimensions, and any other information required by the Department;
(c) A schedule for construction of the Minor Modification or new minor source;
(d) Best Available Control Technology (BACT) analysis as described above in subsection 4(A)(4)(d);
(e) If relevant, the innovative control technology waiver as specified above in subsection 4(A)(4)(f);
(f) All process control and compliance monitoring devices or activities, and any other emission reduction system planned by the owner or operator for a Minor Modification or new minor source and such other information required to accurately establish emission estimates, and to document future compliance;
(g) Title, Right or Interest demonstration for new sources as specified above in subsection 4(A)(4)(i);
(h) Ambient Air Quality Impact Analysis. The results of any ambient air quality impact analyses if required by the Department pursuant to Section 7 of this Chapter. This analysis shall be used in the completeness determination of the application; and
(i) The certification of the responsible official as specified in subsection 2(C) of this Chapter and a copy of the published Public Notice of Intent to File as specified in subsection 2(D) of this Chapter.
(5) License Content. The license content shall contain all of the relevant criteria as specified in subsection 3(E) of this Chapter.
(6) Criteria for license approval. The Department shall grant the license, if the following criteria are met:
(a) The Department has received a complete application for a license pursuant to this Chapter;
(b) The emissions will receive BACT;
(c) 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;
(d) The emissions either alone or in conjunction with existing emissions will not violate or can be controlled so as not to violate 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;
(e) The conditions of the license provide for compliance with all state requirements and the relevant requirements of this Chapter;
(f) The Department and applicant have complied with the public participation and review procedures for issuance of a license pursuant to subsection 4(C)(3) of this Chapter;
(g) If an air emission license amendment 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 amendment, except as provided in this subsection. After a showing of 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.
(7) Joint Processing. A minor modification can be processed with a renewal license provided all applicable requirements of subsection 4(C) are met.
(8)Draft License Notification. Draft notification is not required for a New Minor Source or Minor Modification.
D. HAP Emission Limitations
(1) For sources or units not covered by an applicable standard in Part 63, the HAP emission limitations proposed by the applicant shall:
(a) For sources that propose to construct a new or reconstruct an existing Part 70 HAP major source, be no less stringent than the emission control that is achieved in practice by the best controlled similar source.
(b) Include either a proposed relevant emission standard pursuant to Section 112(d) or Section 112(h) of the Clean Air Act or adopted presumptive MACT determination for the source category which includes the constructed or reconstructed major source. The MACT requirements applied to the constructed or reconstructed major sources shall reflect those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
(2) For construction or reconstruction of a Part 70 HAP major source, compliance with a case-by-case MACT emission limitation determined by the Department must be achieved upon commencing operations.

Notes

06- 096 C.M.R. ch. 115, § 4

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