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.
