Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS
Section 096-140-13 - Part 70 General Licenses
Universal Citation: 06 ME Code Rules ยง 096-140-13
Current through 2024-38, September 18, 2024
The Department may, on a case-by-case basis, issue a Part 70 General license for specific source categories. A source qualifying for an existing Part 70 General license must apply to the Department to be licensed under the terms of the Part 70 General license or must apply for a Part 70 license through the procedures described in Section 3 or Section 5 of this Chapter, whichever is relevant.
A. Issuance of a Part 70 General License
(1) The Part 70 General license will be
issued by the same process as a Part 70 license, including public participation
and review.
(2) The terms and
conditions of any Part 70 General license will be consistent with subsection
3(E) of this Chapter and will provide for compliance with all Applicable
requirements and state requirements of other Part 70 licenses.
(3) The Part 70 General license will identify
criteria by which Part 70 sources may qualify for the Part 70 General
license.
(4) The Part 70 General
license will specify the deadline for existing sources for the submission of
requests for authorization and the date(s) when a person is authorized to
operate under the Part 70 General license.
B. Requirements to Apply Under a Part 70 General License
(1) Owners or
operators of Part 70 sources that qualify for a Part 70 General license must
apply in writing to the Department to be licensed under the terms and
conditions of the Part 70 General license in accordance with the requirements
of this subsection.
(2) Owners or
operators of Part 70 sources that qualify for a Part 70 General license shall
give public notice of Intent to File as stated in subsection 2(D) of this
Chapter.
(3) An application for a
Part 70 General license must include the following information necessary to
determine qualification for, and to assure compliance with, the Part 70 General
license:
(a) The application form as specified
in subsection 2(B) of this Chapter that contains the required information,
including any information necessary to determine whether the applicant
qualifies to operate under the General license.
(b) The certification of the responsible
official pursuant to subsection 2(C) of this Chapter and a copy of the
published public notice of Intent to File as specified in subsections 3(D) and
3(C) of this Chapter.
(c) A
statement that a copy of the application has been submitted by the source to
EPA Region I.
C. Granting Approval Under a Part 70 General License
The Department will grant the conditions and terms of the Part 70 General license to a Part 70 source upon request, if the Part 70 source meets the following criteria:
(1) The
source is similar to other sources for that category of Part 70 General
licenses in regard to the following attributes:
(a) Air quality classification of the
source's location;
(b) Proximity to
Class I areas;
(c) Total emission
quantity and nature of regulated pollutants;
(d) Classification of areas
downwind;
(e) Geographic area
involved for the same or substantially similar types of operation;
(f) Emissions of the same type of air
pollutants;
(g) Requires the same
control systems or operating conditions;
(h) Requires the same or similar monitoring;
and
(i) In the opinion of the
Department, the source is more appropriately controlled under a Part 70 General
license than under an individual Part 70 license.
(2) The Department will grant a request for
authorization to operate under an existing Part 70 General license to owners or
operators of Part 70 sources that qualify, and may grant a source's request for
authorization to operate pursuant to a Part 70 General license without
repeating the public participation and affected state review procedures on the
Part 70 draft license. Such a grant is not a final agency action by the
Department for purposes of judicial review.
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