A.
Geographic scope. This
regulation shall be effective in all ambient air quality control regions in the
State.
B.
General
requirement. An air emission license is required for the sources or
emissions units listed below. Once a source requires an air emission license,
all emissions units which emit regulated pollutants at the source must be
included in the license, except the following: insignificant activities listed
in Appendix B of this Chapter; activities which the Department has determined
in writing on a case-by-case basis to be substantially equivalent to the
insignificant activities specified in Appendix B of this Chapter; and those
activities which are clearly trivial. Any person who emits, will emit, or
causes to be emitted regulated pollutants from any existing or new source may
not begin actual construction, operate, maintain, or modify the new or existing
source without an air emission license from the Department, unless the source
islisted in subsection 1(C) of this Chapter. At such time that a particular
source or modification becomes a major source or major modification solely by
virtue of a relaxation in any enforceable limitation which was established
after August 7, 1980 on the capacity of the source or modification otherwise to
emit a pollutant, such as a restriction on hours of operation, then the
requirements of Chapter 115(4)(A) Major Modification or Major Source License
shall apply to the source or modification as though actual construction had not
yet begun on the source or modification.
An air emission license is required for the
following:
(1) Any source whose
potential to emit can be determined a Major source and in no case shall a Major
source be exempted from the obligation to obtain an air emissions
license.
(2) For a Minor source
whose facility-wide emissions are generated solely from any one or combination
of the following:
(a) Fuel-burning equipment
(or combinations thereof), whose total maximum design heat input is equal to or
greater than 10.0 million British Thermal Units per hour. Fuel-burning
equipment, excluding stationary internal combustion engines, less than 1.0
MMBtu/hr shall not be included in this threshold assessment and stationary
internal combustion engine less than 0.5 MMBtu/hr shall not be included in this
threshold assessment.
(b)
Stationary internal combustion engines (or combinations thereof) whose total
maximum design heat input is equal to or greater than 5.0 million British
Thermal Units per hour or a gas/propane fired stationary internal combustion
engine (or combination thereof) with a total maximum design heat input of equal
to or greater than 10.0 million British Thermal Units per hour. Units less than
0.5 MMBtu/hr shall not be included in this threshold assessment.
(c) Total facility general process sources
whose emissions without consideration of air pollution control apparatus and
under normal operation are equal to or greater than 100 lb/day of any regulated
pollutant, except that these numerical limitations may not apply to a source
which is subject to regulation for the control of hazardous air pollutants
pursuant to Title 38 MRSA Section585-B, New Source Performance Standards
promulgated at 40 CFR Part 60, or National Emission Standards for Hazardous Air
Pollutants (NESHAPS) promulgated at 40 CFR Part 61 and 63.
(d) Total facility general process sources
whose emissions without consideration of air pollution control apparatus and
under normal operation are equal to or greater than 10 lb/hr of any regulated
pollutant, except that these numerical limitations may not apply to a source
which is subject to regulation for the control of hazardous air pollutants
pursuant to Title 38 MRSA Section585-B, New Source Performance Standards
promulgated at 40 CFR Part 60, or National Emission Standards for Hazardous Air
Pollutants (NESHAPS) promulgated at 40 CFR Part 61 and 63.
C.
Exemptions
(1) An air emission license issued pursuant
to this Chapter is not required for Part 70 requirements and other non-NSR
amendments issued pursuant to Part 70 Air Emission License Regulation, 06-096
CMR 140.
(2) An air emission
license is not required for a Minor source whose facility-wide emissions are
generated solely from any one or combination of the following:
(a) Incinerators with a primary chamber
volume no greater than 133 cubic feet or 1000 gallons that burn only wood waste
as defined in Title 12, Section 9324, subsection 7-A and painted and unpainted
wood from construction and demolition debris;
(b) Units whose emissions are generated from
the sole function of providing power for propulsion of mobile sources,
including vessels;
(c) Bulk
gasoline terminals and gasoline service stations with a maximum design daily
throughput of less than 20,000 gallons;
(d) Bulk petroleum storage facilities with
petroleum products stored in tanks with a maximum design capacity of less than
39,000 gallons;
(e) Dry cleaner
system that engages in the cleaning of fabric by means of one or more washes in
perchloroethylene, extraction of the solvent by spinning, and drying by
tumbling in an air stream; and
(f)
Gasoline-powered ski lift emergency back-up motors. Such motors shall not be
included in determining whether the thresholds in subsections 1(B)(2)(a) or
1(B)(2)(b) of this Chapter are exceeded.
(3) An air emission license issued pursuant
to this Chapter is not required for rock crushers issued a Crusher
Identification Number (CIN) pursuant to General Permit for Nonmetallic Mineral
Processing Plants, 06-096 CMR 149 and the associated stationary internal
combustion engines.
(4) An air
emission license issued pursuant to this Chapter is not required for concrete
batch plants issued a general permit number (GPN) pursuant to General Permit
for Concrete Batch Plants, 06-096 CMR 164 and the associated stationary
internal combustion engines.
(5) An
air emission license issued pursuant to this Chapter is not required for a
Class IV-A human crematory incinerator or a veterinary incinerator issued a
general permit number (GPN) pursuant to General Permit for Class IV-A
Incinerators, 06-096 CMR 165.
(6)
Any source listed in this subsection that is exempted from the requirement to
obtain an air emission license may opt to apply for a license under this
Chapter.
