Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 101 - VISIBLE EMISSIONS REGULATION
Section 096-101-1 - Scope/Applicability

Universal Citation: 06 ME Code Rules ยง 096-101-1

Current through 2024-38, September 18, 2024

A. Geographic scope. This regulation applies statewide.

B. General requirement. No person shall emit or cause to be emitted any visible air contaminants that exceed the visible emission standards of Sections 2 or 3 of this Chapter, unless the source is listed in Section 1(C) of this Chapter or, for periods of startup or shutdown, malfunction, or certain equipment maintenance for boilers or other emission units, when the work practices in Sections 4(A), (B), or (C) are followed as specified in Section 3. Certain sources are required by air emission license conditions, Best Available Control Technology (BACT), National Emissions Standards for Hazardous Air Pollutants (NESHAP), Best Practical Treatment (BPT), and/or New Source Performance Standards (NSPS) to achieve more stringent visible emissions standards than those listed in this Chapter.

C. Exemptions from this Chapter. The following are exempt from this Chapter:

(1) Incinerators regulated by 06-096 C.M.R. ch. 104;

(2) Permitted open burning regulated by 06-096 C.M.R. ch. 102;

(3) Emissions of condensed, uncombined water vapor;

(4) Municipal waste combustors regulated by 06-096 C.M.R. ch. 121;

(5) Diesel-powered motor vehicles regulated by 06-096 C.M.R. ch. 146;

(6) Outdoor wood boilers regulated by 06-096 C.M.R. ch. 150;

(7) Emission units subject to a visible emissions (i.e., opacity) standard under 40 C.F.R. Part 60 as amended up to July 1, 2018;

(8) Emission units subject to a visible emissions (i.e., opacity) standard under 40 C.F.R. Part 63 as amended up to July 1, 2018;

(9) Emission units with a wet plume subject to operating limits to demonstrate compliance with a particulate matter emission limit under 40 C.F.R. Part 63 as amended up to July 1, 2018;

(10) Visible air contaminants emitted for the purpose of visible emissions observer training; and

(11) Visible air contaminants emitted for the purpose of Predictive Emission Monitoring Systems (PEMS) research that has been approved by the Commissioner and EPA.

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