Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS
Section 096-140-11 - Intrafacility Emission Trading

Universal Citation: 06 ME Code Rules ยง 096-140-11

Current through 2024-38, September 18, 2024

The Department will allow intrafacility emission trading within a facility without requiring an amendment to the Part 70 license if the intrafacility emission trade fulfills the following:

Will not violate any BPT findings; Does not exceed the emissions allowable under the Part 70 license (emissions cap), whether expressed therein as a rate of emissions or in terms of total emissions; Is not a Title I modification or a modification or reconstruction under any provision of Section 111 or 112 of the CAA; Is not a HAP intrafacility emission trade; and Meets the criteria of subsections 11(A), (B), (C), and (D) of this Chapter.

A. Trading Under the Permitted Emissions Caps

The Department will include in the Part 70 license an emissions cap, pursuant to a request submitted by the applicant, consistent with any specific emission limits or restrictions otherwise required in the license by any Applicable requirements, and license terms and conditions for intrafacility emission trading solely for the purposes of complying with that emissions cap.

The responsible official for the Part 70 source shall provide EPA and the Department with written notification at least seven days in advance of the proposed intrafacility emission trade. The notice must include the following information:

(1) A description of the intrafacility emission trade to be made within the licensed facility;

(2) The date on which the proposed intrafacility emission trade will occur; and

(3) A statement on how emission increases and decreases will comply with the conditions of the Part 70 license.

The Part 70 source, the Department and the EPA will attach each notice required by this section to their copy of the relevant Part 70 license.

B. Trading Under the Implementation Plan

For Part 70 licenses that do not contain provisions for intrafacility emission trading, the Department will provide for intrafacility emission trading increases and decreases, where the applicable implementation plan provides for such intrafacility emission trading without requiring a permit revision and based on the 7-day notice provided for below.

The responsible official for the Part 70 source shall provide the Department and EPA with written notification at least seven days in advance of the proposed intrafacility emission trade. The notice must include the following information:

(1) A description of the intrafacility emission trades to be made within the licensed facility;

(2) The date on which the proposed intrafacility emission trade will occur;

(3) Identification of the license terms which may be replaced with the intrafacility emission trading provisions in the State Implementation Plan;

(4) Identification of the Part 70 license requirements with which the Part 70 source will comply using the intrafacility emission trading provisions of the State Implementation Plan;

(5) Identification of the pollutants emitted subject to the intrafacility emission trades; and

(6) A reference to the provisions in the State Implementation Plan with which the Part 70 source will comply and that provide for the intrafacility emission trades.

The Part 70 source, the Department and the EPA must attach each notice required by this section to their copy of the relevant Part 70 license.

C. Amending the Part 70 License to Incorporate Intrafacility Emission Trading Provisions

For Part 70 licenses that do not contain provisions for intrafacility emission trading, the licensee may establish such provisions under one of the following two scenarios:

(1) If the State Implementation Plan does not provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Significant License Modification license procedures, renewal of a Part 70 license procedures, or initial source Part 70 license procedures to include conditions of the Part 70 license that allow for intrafacility emission trading increases and decreases; or

(2) If the State Implementation Plan does provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Minor License Modification license procedures to include conditions of the Part 70 license that allow for intrafacility emission trading increases and decreases substantially identical to those provided for in the State Implementation Plan.

D. Part 70 License Intrafacility Emission Trading Provision Requirements

To incorporate provisions for intrafacility emission trading, the Part 70 license must contain the following conditions:

(1) An emissions cap that is consistent with any specific emission limits or restrictions otherwise required in the Part 70 license by any Applicable requirements and state requirements. The emissions cap shall be only for the emissions units which are quantifiable and have replicable procedures and license terms that ensure the emissions cap is enforceable and transfers pursuant to it are quantifiable and enforceable;

(2) Conditions for intrafacility emission trading solely for the purposes of complying with the emissions cap required by this section; and

(3) Conditions to assure compliance with all Applicable requirements and state requirements.

(4) The permit shield described in subsection 2(I) of this Chapter may extend to those intrafacility emission trades made pursuant to subsection 11(A) of this Chapter, but the permit shield shall not extend to any change made pursuant to subsection 11(B) of this Chapter.

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