06-096 C.M.R. ch. 165, § 3 - Terms and Conditions for Processing Class IV-A Incinerator General Permit Applications

A. Registration of Owner. Prior to the construction, modification or operation of a Class IV-A Veterinary Incinerator or Human Cremator Incinerator, the owner shall either obtain an air emission license pursuant to the requirements of 06-096 CMR 115 Major and Minor Source Air Emission License Regulations, or apply to register the equipment with the Department to obtain a General Permit (GP) for each unit to be operated. The owner/operator must submit a Notice of Intent to Comply (NOITC) to the Department as part of the general permit application. The Department will then issue a GP notification letter that will notify the applicant when they can commence operation.

B. Required GP Application Form and Additional Information. The application for a general permit 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 application 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/operator;

(2) The manufacturer, model, date(s) of manufacture and installation, and maximum charging rate of the incinerator to be issued a GP;

(3) A unique identifier, such as a serial number, etc. associated with this GP;

(4) Any other information that may be necessary to implement and enforce any state or federal air emission 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;

(6) A certification statement as set forth in this Section; and

(7) A copy of the public notice newspaper tear sheet.

C. Equipment Identification Label. Once an application has been received, the Department will assign a unique identifier general permit number (GPN) for each Class IV-A Veterinary Incinerator or Human Crematory Incinerator. The Class IV-A Incinerator 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. A Notice of Intent to Comply (NOITC) certification statement is required as part of the standard General Permit application. A copy of the NOITC shall also be sent to the municipality where the equipment will be located, except in the case of an unorganized territory where notification will be made to the respective county commissioners. Once the General Permit is issued, the owner/operator is bound by the conditions of this regulation and must comply with any and all applicable conditions until such time as the owner/operator informs the Department, in writing, that they no longer intend to operate the listed equipment or the owner/operator applies for and obtains a Chapter 115 air emission license.

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

(1) A previously assigned GPN or manufacturers serial number that is permanently marked on the unit;

(2) Identifying information, including location and contact information for the owner/operator;

(3) A statement that the owner/operator intends to comply with and operate the listed equipment to the terms and conditions set forth in this chapter;

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

(5) A compliance certification statement as set forth in this Section.

F. Certification Statement. All General Permit applications submitted to the Department in accordance with this chapter shall contain an NOITC certification of truth, accuracy, and completeness with the signature and printed name of either the owner/operator or responsible official as defined in Section 2 of this Chapter. Pursuant to 06-096 CMR 100 Definitions, signatures of authorized officials must be accompanied by a signed statement from the owner/operator or responsible official, giving them the authority to sign on their behalf. The signatory sheet shall make the following certification:

"I certify that the equipment listed in this application shall be operated in compliance with the terms and conditions of 060-096 CMR 165 General Permit for Class IV-A Incinerators and any other state or federal air emission control regulations that are applicable. 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. I certify that this operation shall fully comply with all General Permit regulations for this type of facility/unit."

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.

G. Public Notice of Intent to File. A public notice of intent to file under Chapter 165 shall be published in a local newspaper no more than 30 days before an application is submitted. A copy of the tear sheet is required for the processing of a General Permit application.

H. Fees. The owner/operator shall pay an annual fee to the Department pursuant to 38 MRSA §353-A(4). The first year's fee is due with the GPN application form. Payment of the annual air emission permit fee is required for continuous activation of the General Permit. A general permit shall be deactivated if the permit fee is not paid with 60 days of the annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator must reapply for a general permit when they want to resume operations.

I. Application Submittal. An application for a General Permit and NOITC must be filed with the Department of Environmental Protection. Applications may be submitted via fax provided the original application is received by the Department within seven calendar days.

J. Source obligation. Neither a General Permit nor an NOITC shall relieve any owner/operator of a source from the responsibility to fully comply 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 in the determination of the control technology requirements.

Notes

06-096 C.M.R. ch. 165, § 3