Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 137 - EMISSION STATEMENTS
Section 096-137-3 - Requirements

Current through 2024-13, March 27, 2024

A. Criteria Air Pollutant Emission Statements. The owner or operator of any facility meeting the applicability requirements in Section 1(B) must file an emission statement with the Department on an annual basis for those criteria air pollutants listed in Section 1(B) of this Chapter.

(1) For those pollutants listed in Section 1(B), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license.

(2) De minimus emissions need not be reported. For criteria pollutants, de minimus emissions means those emissions, when aggregated on a facility basis, are less than one percent (1%) of the minimum reporting threshold in Section 1(B).

B. Greenhouse Gas Emission Statements. The owner or operator of any facility meeting the applicability requirements in Sections 1(D) or (E) must file an emission statement with the Department on an annual basis for those greenhouse gases described in Section 1(C) of this Chapter.

(1) For those greenhouse gases described in Section 1(C), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license, with the exception of fugitive emissions of HFCs, PFCs and SF6 greater than the de minimis reporting level.

(2) De minimus emissions need not be reported. For greenhouse gases, de minimus emissions means those emissions, when aggregated on a facility basis, that are less than one ton of carbon dioxide equivalents (CO2e), when calculated using the global warming potentials listed in Appendix B.

C. Hazardous Air Pollutant Emission Statements. The owner or operator of any facility meeting the applicability requirements in Sections 1(B) and 1(F) must file an emission statement with the Department every three years, starting with data of emissions from calendar year 2008 for those hazardous air pollutants subject to reporting in Section 1(F).

(1) For hazardous air pollutants subject to reporting in Section 1(F), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license.

(2) The emissions statement must include all hazardous air pollutant, which when taken in aggregate at the facility, exceed the reporting threshold in Appendix A.

(3) Notwithstanding subsection 3(C)(2) and the reporting thresholds in Appendix A, emissions of the following hazardous air pollutants must be reported for all fuel burning or combustion equipment required to be included and described in the air emission license:
(a) acetaldehyde;

(b) acrolein;

(c) arsenic and arsenic compounds;

(d) benzene;

(e) cadmium and cadmium compounds;

(f) chromium and chromium compounds - For the purposes of reporting chromium and chromium compounds, the owner or operators of the facility may report the total emissions for all chromium compounds or the emissions of hexavalent and trivalent chromium individually, however, not both the compounds and the metal in its oxidized forms;

(g) cobalt and cobalt compounds;

(h) dioxins - For the purposes of reporting dioxin and dioxin-like compounds, if the total toxicity equivalents of dioxin and dioxin-like compounds is over the 0.0002 pound threshold, the owner or operator of the facility must report the quantities of the individual dioxin isomers and dioxin-like compounds;

(i) formaldehyde;

(j) manganese and manganese compounds;

(k) mercury and mercury compounds;

(l) nickel and nickel compounds; and

(m) polycyclic organic matter - For the purposes of reporting polycyclic organic matter, a owner or operator of a facility may report the sum total of polycyclic organic matter emissions or the quantities of the individual components of the polycyclic organic matter group, however, not both.

NOTE: This list of thirteen hazardous air pollutants represents a subset of the Air Toxics Priority list, developed for the Department by the Maine Air Toxics Initiative.

(4) De minimus emissions need not be reported. For hazardous air pollutants, de minimus refers to those hazardous air pollutants that do not have to be counted towards the reporting threshold determination if they are present in a mixture below certain concentrations. Those concentrations are one percent (1%) for non-carcinogens and one-tenth of one percent (0.1%) for hazardous air pollutants which meet the OSHA carcinogen standard. There is no de minimus concentration for persistent bioaccumulative toxic (PBT) chemicals.

D. Emission statements required by subsections 3(A) through 3(C) must be filed with the Department no later than July 1 of the year following the inventory year. Beginning with inventory year 2009, emission statements required by subsections 3(A) through 3(C) must be filed with the Department no later than May 15 of the year following the inventory year.

NOTE: Beginning with the 2009 annual emissions inventory, the inventory submission deadline will move from July 1 to May 15. The 2009 annual emissions inventory must be reported no later than May 15, 2010.

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