Current through 2024-38, September 18, 2024
A.
Geographic
Scope. This regulation is applicable to all ambient air quality control
regions in the State.
B.
General Requirement. A Part 70 license is required for all Part 70
major sources. Once a source requires an air emission license, all emissions
units which emit regulated pollutants at the source must be included except
those insignificant activities listed in Appendix B 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 Major and Minor Source Air Emission
License Regulation, 06-096 C.M.R. ch. 115, § (4)(A) applies to
the source or modification as though construction had not yet commenced on the
source or modification.
C.
A
Part 70 License or License Amendment is required for the following:
(1) Any Part 70 major source;
(2) Any source in a source category
designated by the U.S. Environmental Protection Agency (EPA) pursuant to 40
C.F.R. Part 70.3(a);
(3) Any source
required to have a license under Part C (Prevention of Significant
Deterioration of Air Quality) and Part D (Plan Requirements for Federal
Nonattainment Areas) of Title I of the CAA;
(4) Any CAA Title IV source (Acid
Rain);
(5) Any changes or revision
to the requirements in the Part 70 license. The processes to amend the Part 70
license include Part 70 Administrative Revisions, Part 70 Minor Licenses
Modifications, and Part 70 Significant License Modifications; and
(6) Major sources undergoing 06-096 C.M.R.
ch. 115 New Source Review. Following a new major source license issued under
the NSR provisions of 06-096 C.M.R. ch. 115, the source must then apply for an
initial Part 70 license within one year of commencing operations as provided in
40 C.F.R. Part 70.5.
D.
Exemptions
(1) All sources listed
in subsection 1(C) of this Chapter that are not Part 70 major sources, Title IV
sources, or solid waste incineration units required to obtain a license
pursuant to Section 129(e) of the CAA are exempted by the Department from the
obligation to obtain a Part 70 license until such time as EPA completes a
rulemaking to determine how the program should be structured for nonmajor
sources.
(2) In the case of
nonmajor sources subject to a standard or other requirement under either
Section 111 (Standards of Performance for New Stationary Sources) or Section
112 (Hazardous Air Pollutants) of the CAA promulgated after July 21, 1992, EPA
will determine whether to exempt any or all such sources from the requirement
to obtain a Part 70 license at the time that the new standard is
promulgated.
(3) Unless otherwise
required by the Department to obtain a Part 70 license, the following sources
are exempted from the obligation to obtain a Part 70 license:
(a) All sources that would be required to
obtain a Part 70 license solely because they are subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential Wood
Heaters;
(b) All sources
that would be required to obtain a Part 70 license solely, because they are
subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for
Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for
Demolition and Renovation; and
(c)
Any source that is licensed under Major and Minor Source Air Emission
License Regulation, 06-096 C.M.R. ch. 115 that would otherwise be
subject to this Chapter, but received federally enforceable license conditions
to retain a minor source status as allowed by 40 C.F.R. Part 70.
(4) Any source listed in this
subsection that is exempted from the requirement to obtain a Part 70 license
may opt to apply for a Part 70 license under this Chapter.
NOTE: A source exempt from this Chapter may be subject to the
requirements of obtaining an air emission license under 06-096 C.M.R. ch.
115.
