Current through 2024-13, March 27, 2024
A.
Projects requiring multiple
application submittals under this Chapter
If a Part 70 source is applying simultaneously for the
renewal of a Part 70 license and/or amendments under more than one section of
this Chapter, the source may submit one application covering all required
information for each relevant section.
B.
Required application form and
additional information
The application shall include an application form prescribed
by the Department and additional information required by the Department, unless
otherwise specified by this Chapter. The application may not omit information
needed to determine the applicability of, or to impose, any Applicable or state
requirement, or to evaluate the fee amount. An application for a license
modification need supply only that information related to the proposed
amendment. The application form and the additional required information shall
include, but is not limited to, the following elements:
(1) Identifying information, including
company name and address (or plant name and address if different from the
company name), owner's name and agent, responsible official's name, and
telephone number and names of plant site manager/contact;
(2) Identification and description of the
source's processes and products by Standard Industrial Classification (SIC)
Code and North American Industry Classification System (NAICS) Code, including
any processes or products associated with each alternative operating scenario
identified by the applicant;
(3)
Any insignificant activities that must be listed in the application as
specified in Appendix B of this Chapter;
(4) The following emissions related
information for units and activities that are not insignificant as specified in
Appendix B of this Chapter:
(a) All emissions
of air pollutants for which the Part 70 source is defined as a Part 70 major
source and all emissions of regulated pollutants, including fugitive emissions
to the extent quantifiable;
(b) Any
additional emissions-related information necessary to verify which requirements
are applicable to the source or to calculate Part 70 license fees;
(c) Identification and description of all
points of emissions described in (a) and (b) above in sufficient detail to
establish applicability of requirements of the CAA and state
regulations;
(d) Emission rates in
tons per year (tpy) and in such terms as are necessary to establish compliance
consistent with the applicable EPA standard reference test method and
compliance consistent with the applicable emission limit;
(e) The following information to the extent
it is needed to determine or regulate emissions: fuel types, fuel use, raw
materials, production rates, and operating schedules;
(f) Identification and description of air
pollution control equipment and compliance monitoring devices or
activities;
(g) Limitations on
source operation affecting emissions, or any work practice standards, where
applicable, for all regulated pollutants at the Part 70 source;
(h) Other information required by any
Applicable requirement or state requirement; and
(i) Calculations used as the basis for
emissions-related information.
(5) The following air pollution control
requirements:
(a) Citation and description of
all Applicable requirements;
(b)
Citation and description of all state requirements; and
(c) Description of or reference to any
applicable test method for determining compliance with each Applicable
requirement and state requirement;
(6) Other specific information that may be
necessary to implement and enforce other Applicable requirements of the CAA,
this Chapter or state requirements or to determine the applicability of such
requirements.
(7) An explanation of
any proposed exemptions from otherwise Applicable requirements and state
requirements;
(8) Additional
information as determined to be necessary by the Department to define
alternative operating scenarios identified by the applicant or to define terms
and conditions in the Part 70 license allowing intrafacility emission trading
which are under the allowable emissions in the Part 70 license;
(9) A description of the source category or
categories which are applicable to the source, HAP emission unit(s) requiring
HAP emission limitations, and whether the HAP emission unit(s) require a MACT
emission limitation for an existing or new Part 70 HAP source;
(10) If required by the Department, proposed
monitoring, modeling, testing, record keeping and reporting protocols, the
results of previously performed in-stack monitoring, and results of previously
performed stack testing. This information shall not be used in the completeness
determination of the application.
(11) A compliance plan that includes the
following information:
(a) A description of
the compliance status of the Part 70 source with respect to all Applicable
requirements and state requirements;
(b) A statement that the Part 70 source will
continue to comply with any Applicable requirements and state requirements with
which it is in compliance;
(c) A
statement that the Part 70 source will meet on a timely basis any Applicable
requirements and state requirements that will become effective during the Part
70 license period, unless a more detailed schedule is expressly required by the
Applicable requirement;
(d) For
Part 70 sources out of compliance at the time of issuance of the Part 70
license:
(i) A narrative description of how
the Part 70 source will achieve compliance with all Applicable requirements and
state requirements; and
(ii) A
compliance schedule for achieving compliance that shall include remedial
measures, including an enforceable sequence of actions with milestones, leading
to compliance with any Applicable requirements and state requirements for which
the Part 70 source will be in noncompliance at the time of the Part 70 license
issuance. The compliance schedule shall resemble and be at least as stringent
as that contained in any judicial consent decree or administrative order to
which the Part 70 source is subject. Any such schedule of compliance shall be
supplemental to, and shall not sanction noncompliance with, the Applicable
requirements and state requirements on which it is based; and
(e) For Part 70 sources required
to have a schedule of compliance to remedy a violation, a schedule for
submission of certified progress reports to be submitted at least once every
six (6) months from the date of issuance of the Part 70 license;
(12) A compliance certification
that includes the following information:
(a)
A certification of compliance with all Applicable requirements and state
requirements by a responsible official consistent with subsection 2(C) of this
Chapter and Section 114(a)(3) of the CAA;
(b) A statement of methods used for
determining compliance, including a description of monitoring, record keeping,
and reporting requirements and test methods;
(c) A schedule for submission of compliance
certifications during the Part 70 license term, to be submitted at least once
every twelve (12) months from the date of issuance of the Part 70 license, or
more frequently if specified by the Department or an underlying Applicable
requirement;
(d) A statement
indicating the source's compliance status with any applicable enhanced
monitoring and compliance certification requirements of the CAA; and
(e) Such other facts or information that the
Department may require to determine the compliance status of the Part 70
source;
(13) Results of
meteorology or air quality monitoring if required by the Department, including
an analysis of meteorological and topographical data necessary to evaluate the
air quality impact pursuant to Section 14 of this Chapter. The information
required pursuant to Section 14 of this Chapter shall not be used in the
completeness determination of the application, unless the information is
required as part of a New Source Review application; and
(14) If any regulated pollutant from an
existing source has or will have a significant impact, a description of the
factors used in the ambient air quality impact analysis pursuant to Section 14
of this Chapter. The information required pursuant to Section 14 of this
Chapter shall not be used in the completeness determination of the application,
unless the information is required as part of a New Source Review
application.
C.
Certification by Responsible Official
All application forms, reports, and compliance certifications
submitted to the Department shall contain a certification of truth, accuracy
and completeness with the signature and printed name of the responsible
official (see Definitions, 06-096 CMR 100). The signatory sheet shall make the
following certification:
"I certify under penalty of law that, based on information
and belief formed after reasonable inquiry, I believe the information included
in the attached document is true, complete, and accurate."
Upon becoming aware that he or she submitted incorrect
information or failed to submit relevant facts, the responsible official must
provide the Department with the supplementary facts or corrected
information.
D.
Public Notice of Intent to File
(1) Any
applicant for a renewal of a Part 70 license, an initial Part 70 license, or a
Part 70 license transfer must publish within thirty (30) days prior to filing
an application a public notice of Intent to File at the applicant's expense.
This notice shall be published once in the public notice section of a newspaper
of general circulation in the region in which the source would be located. In
addition, a copy of the application shall be made available at the municipal
office of the municipality(ies) where the source is located. A copy of the
notice from the paper must be submitted with the application. Applications for
administrative revisions, Section 502(b)(10) changes, Part 70 Minor License
Modifications and Part 70 Significant License Modifications do not require
publication of a public notice. The Public Notice of Intent to File must
include the following information:
(a) Name,
address and telephone number of the applicant;
(b) Citation of the statutes or rules under
which the application is being processed;
(c) Location of the proposed
action;
(d) Summary of the proposed
action;
(e) Anticipated date for
filing the application with the Department;
(f) A statement that public requests for
either of the following must be submitted to the Department in writing no later
than twenty (20) days after the application is accepted as complete for
processing:
(i) for the Board of
Environmental Protection to assume jurisdiction over the application;
or
(ii) for a public hearing on the
application;
(g) A
statement of the name, address and phone number of the Department contact
person;
(h) A statement providing
the local filing location where the application can be examined; and
(i) Any other information required by rule or
law.
NOTE: A Public Notice of Intent to File form is available
from the Department.
(2) An applicant must publish a Public Notice
of Intent to File for a resubmitted application that was originally returned
and deemed incomplete by the Department.
(3) After an application has been filed, if
the Department determines that the applicant submits significant new or
additional information or substantially modifies its application at any time
after acceptance of the application as complete, the applicant shall provide
additional notice to interested persons who have commented on that application.
The Department may also require additional public notice and may extend the
time to submit requests for a public hearing or for the Board to assume
jurisdiction.
E.
Application acceptability and completeness
(1)
General. Within fifteen (15)
working days of receipt of any application, the Department shall determine the
completeness of an application and shall notify the applicant in writing of the
official date on which the application was accepted as complete for processing;
or return the application with the reasons why the application was not accepted
as complete. If the Department does not mail notice to the applicant of
acceptance or rejection of the application within fifteen (15) working days,
the application shall be deemed accepted as complete for processing on the 16th
day.
(2)
Criteria for
completeness. An application shall be deemed complete when all of the
relevant information and other data required by the Department to evaluate the
application and to allow the Department to begin processing the application are
submitted. In addition, for completeness determination the certification by the
Responsible Official and a copy of the Public Notice of Intent to File must be
included as part of the application submittal.
F.
Application submittal
Applications must be filed with the Bureau of Air Quality,
Department of Environmental Protection, 17 State House Station, Augusta, ME
04333-0017.
G.
Authority to request additional information.
The Department's determination that an application is
accepted as complete for processing is not a review of the sufficiency of that
information, and does not preclude the Department from requesting additional
information. Additional information needed to process the application may be
requested in writing by the Department and shall be provided by the applicant
within the deadline specified by the Department.
If the applicant fails to submit the requested information
by the deadline specified or as otherwise agreed in writing by the Department,
the Department may deny the license. Thirty (30) days prior to having the
license denied, the Department shall provide written notice to the applicant
including a list of the required information which must be submitted by the
specified date in order to prevent the denial. A person may reapply at any time
after the license is denied. The reapplication shall meet all requirements of a
complete initial license application, including any required license
fee.
The applicant must provide additional information as
necessary to address any requirement that becomes applicable to the Part 70
source after the date the source filed a complete application, but prior to
release of the Part 70 draft license.
H.
Procedures for timely license
processing and license denials
(1) The
requirements of Title 38 MRSA §344 shall govern the processing of
applications under this Chapter. In no case shall the processing times be
longer than 18 months from the date the renewal application is deemed
complete.
(2) Upon the denial of
any license, the Department shall provide the applicant a written statement
with the grounds of the denial.
I.
Permit Shield
(1) Except as provided in this Chapter, the
Department shall include in the Part 70 license a provision stating that
compliance with the conditions of the Part 70 license shall be deemed in
compliance with any Applicable requirements and state requirements as of the
date of license issuance, provided that:
(a)
Such Applicable and state requirements are included and are specifically
identified in the Part 70 license, except where the Part 70 license term or
condition is specifically identified as not having a permit shield;
or
(b) The Department, in acting on
the Part 70 license application or revision, determines in writing that other
requirements specifically identified are not applicable to the source, and the
Part 70 license includes the determination or a concise summary,
thereof.
(2) Nothing in
this section or any Part 70 license shall alter or affect the following:
(a) The provisions of Section 303 of the CAA
(emergency orders), including the authority of EPA under Section 303;
(b) The liability of an owner or operator of
a source for any violation of Applicable requirements prior to or at the time
of permit issuance; or
(c) The
ability of EPA to obtain information from a source pursuant to Section 114 of
the CAA.
J.
Operational Flexibility
The following changes are allowed without requiring a license
amendment:
(1) Changes that must be
addressed by the Part 70 license, are not Title I modifications or a
modification or reconstruction under any provision of Section 111, or 112 of
the CAA, do not exceed the emissions allowable under the Part 70 license. These
changes may include the following:
(a)
Intrafacility emission trading, as specified in this Chapter;
(b) Alternative operating scenarios which are
specifically identified in the Part 70 license; or
(c) Operational flexibility provided for in
the Part 70 license language.
(2)
Off-License Changes.
Off-license changes that are not addressed or prohibited in the Part 70
license, shall meet all Applicable requirements, shall not violate any existing
permit term or condition, and are the following:
(a) A change at Part 70 source for which the
applicant has received written Departmental approval that the change does not
require a license amendment. The licensee shall keep a record describing the
changes made under this section. Department approved changes are not eligible
for the permit shield; or
(b) The
modification of an insignificant activity that can still be qualified as such
after the modification.
K.
Public and Affected States Draft
Notification
Except for Part 70 Administrative Revisions, Part 70 Minor
License Modification, Part 70 License Transfers and Section 502(b)(10) Changes,
a public comment period shall be held on the Part 70 draft license or draft
amendment, as follows:
(1) The
applicant shall provide a copy of the Part 70 draft license or draft amendment
and the application for Part 70 license, including any supporting documentation
and any subsequent amendments to the application, to the municipal clerk of the
municipality where the source is located, or, if the project is in an
unorganized area, to the county commissioners. This material shall also be
available at the Department's Augusta office. This material must be on file for
public comment for thirty (30) calendar days.
(2) The applicant shall provide a copy of the
Part 70 draft license to the affected states on or before the date that the
Draft Availability notice is published.
(3) Draft Availability Notice. The notice of
Draft Availability shall be published by the applicant or at the applicant's
expense, once in the public notice section of a newspaper of general
circulation in the region in which the source would be located. The Draft
Availability notice shall include:
(a) the
name, address and telephone number of the applicant;
(b) a citation of the statutes or rules under
which the application is being processed;
(c) the location of the proposed
action;
(d) a summary of the
proposed action including the emissions change involved in any proposed license
modification;
(e) a statement of
the availability of the application and supporting documents and the
Department's preliminary determination in the form of a Part 70 draft
license;
(f) a statement of the
public's right to provide written public comment or to request a public
hearing, with the mailing address of the Department;
(g) the date, place and time a public meeting
may be held, if requested within 15 calendar days from the date upon which the
notice is published. The date the public meeting is scheduled shall be no
sooner than 30 days after the date the notice is published; and
(h) name, address, and phone number of a
Department contact from whom interested parties may obtain additional
information, including copies of the draft license application and all relevant
supporting materials.
NOTE: A Draft Availability Notice form is available from the
Department.
(4)
The applicant shall mail a copy of the notice to all persons on a mailing list
developed by the Department who requested to be notified about license actions
at the licensed facility and by any other means the Department finds necessary
to assure adequate notice to the public.
(5) For any Department action subject to this
subsection, any person may request the Department in writing to hold a public
meeting. The written request shall state the nature of the issues to be raised
at a public meeting. If the Department's Augusta office receives a written
request for a public meeting within fifteen (15) calendar days from the date
upon which the notice is published which raises a material issue, a public
meeting will be held on the date and time as scheduled in the public notice.
Whenever the Department holds a public meeting, the duration of the public
comment period may be extended to the close of the public meeting or extended
to a later date announced at the public meeting, at the Department's
discretion.
(6) The Department
shall receive comment for at least thirty (30) days, beginning after the day on
which the notice of the Draft Availability is published or after the last day
on which all of the persons in this section are mailed notice, whichever is
later.
(7) The Department shall
consider and keep records of all analyses and all written comments received
during the public comment period, and all comments received at any public
meeting or public hearing in making a final decision on the approvability of
the Part 70 draft license. The Department shall file all written comments for
public inspection at the Department's Augusta office.
(8) The Department shall notify any affected
state and EPA, in writing, of any refusal to incorporate into the Part 70 draft
license any recommendations that the affected state submitted during the
affected state review period. This notice shall include the Department's
reasons for not accepting any such recommendations.
(9) The Department shall provide a statement
that sets forth the legal and factual basis for the Part 70 draft license
conditions (including referenced to the applicable statutory or regulatory
provisions). The Department shall send this statement to any person who
requests it.
L.
EPA Comment Period
(1) Except for Part
70 License Transfers, Section 502(b)(10) Changes and Part 70 Administrative
Revisions, the Department shall provide a copy of the Part 70 draft proposed
license and any additional supporting documentation to EPA for a 45 day review
and comment period. The Department shall also provide to EPA a statement that
sets forth the legal and factual basis for the Part 70 draft proposed license
conditions (including reference to the applicable statutory or regulatory
provisions).
(2) Upon receipt of a
Part 70 draft proposed license or at the time of the Department's explanation
for any refusal to accept affected state's comments, whichever is later, if EPA
determines the Part 70 draft proposed license is not in compliance with any
Applicable requirement or with 40 CFR Part 70, including
40 CFR §
70.8(c)(3), the EPA shall
have 45 days to object in writing to the issuance of the Part 70 draft proposed
license by the Department.
If EPA submits an objection to the Department, the Part 70
draft proposed license shall not be issued by the Department. The objection
shall include a statement of the EPA's reasons for objection and a description
of the terms and conditions that the Part 70 license must include to respond to
the objection. EPA shall send the applicant a copy of the objection pursuant to
40 CFR Part
70.8(c)(2). The Department
shall have ninety (90) days to revise the Part 70 draft proposed
license.
(3) If the
Department fails, within ninety (90) days after the date of an objection under
this subsection, to revise and submit a Part 70 draft proposed license in
response to the objection, the EPA will issue or deny the Part 70 license in
accordance with the requirements of the federal operating permit program
promulgated under Title V of the CAA.
M.
Public Petition to the EPA
(1)
General.If the EPA does not
object in writing within 45 days of receipt of the Part 70 draft proposed
license, including supplementary information, any person, including the
applicant may petition the EPA in writing within sixty (60) calendar days after
the expiration of the 45-day review period to make an objection.
Any petition shall be based only on objections that were
raised with reasonable specificity during the public comment period provided in
subsection 2(K) of this Chapter, unless the petitioner demonstrates to the EPA
that raising such objections within the public comment period was impractical,
or that the grounds for objection arose after the public comment period.
(2)
Procedures.If the
EPA objects to the Part 70 license (after the EPA's 45-day review period) as a
result of a public petition pursuant to this subsection, the following
procedures shall apply:
(a) The petitioner
must identify in writing all objections in the public petition;
(b) The petitioner must provide a copy of the
public petition to the Department and to the applicant; and
(c) If the Part 70 license was not issued,
the Department shall not issue the Part 70 draft proposed license until the
EPA's objection resulting from the public petition is resolved; or if the Part
70 license was issued after the end of the 45-day EPA review period but prior
to the subsequent EPA objection, the following provisions apply:
(i) The public petition does not halt the
effectiveness of the Part 70 license or its terms and conditions; and
(ii) The EPA will amend, terminate or revoke
the Part 70 license for cause as prescribed by subsection 2(O) of this Chapter,
and the Department may thereafter issue a Part 70 license pursuant to
subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any
case, the owner or operator of the Part 70 source will not be in violation of
the requirement to have submitted a timely and complete application.
(3)
Appeals.The public petition to EPA shall not affect the terms and
conditions of a Part 70 license issued by the Department, or the finality of
the Department's action for purposes of an appeal under the Maine
Administrative Procedures Act.
N.
Reopening for cause by the
Department of a Part 70 license
(1)
The Department shall have the authority to reopen and amend, terminate or
revoke for cause and to reissue the Part 70 license as a renewal of a Part 70
license for reasons as stated in subsection 3(E)(7) of this Chapter.
(2) A reopening shall not be initiated by the
Department before a written notice of such intent is provided to the owner or
operator of the Part 70 source and to any person who submitted written comments
on the license application at least thirty (30) calendar days in advance of the
date that the Part 70 license is to be reopened, or within ten (10) calendar
days if necessary to protect public health, safety and welfare.
(3) The procedures to reopen for cause of a
Part 70 license and to reissue the Part 70 license shall comply with the same
requirements as they apply to the renewal of a Part 70 license and shall
pertain only to those parts of the Part 70 license for which cause to reopen
exists, and shall proceed as expeditiously as practicable.
O.
Reopening for cause by EPA of a Part
70 license
(1) If EPA finds that cause
exists to terminate, amend, or revoke and reissue a Part 70 license for reasons
as stated in subsection 3(E)(7) of this Chapter, EPA will notify the Department
and the licensee of such findings in writing.
(2) Within ninety (90) days of EPA's written
notification, the Department shall send EPA a proposed determination of
termination, modification, or revocation and reissuance, as appropriate. In the
event additional information is needed from the licensee, the Department may
request from EPA a ninety (90)-day extension to resolve the EPA
objection.
(3) EPA will review the
proposed determination from the Department within 90 days of receipt.
(4) The Department shall have ninety (90)
days from the receipt of EPA's notification of objection to resolve the
objection that EPA makes and to terminate, amend, or revoke and reissue the
Part 70 license as prescribed by subsection 2(N) of this Chapter.
(5) If the Department fails to resolve the
objection, EPA will revise, terminate, or revoke the Part 70 license, after
taking the following actions:
(a) Providing
at least 30 days notice to the licensee in writing of the reasons for any such
action. This notice may be given during or after the procedures in 1 and 2 of
this section.
(b) Providing the
licensee an opportunity for comment on EPA's proposed action and an opportunity
for a hearing.
P.
Transmittal of the Part 70 license
and amendments to the EPA
The Department shall submit to the EPA a copy of all Part 70
licenses, off-permit Department approval determinations and amendments upon
issuance.
Q.
Effective Date of a Part 70 license
Unless otherwise indicated as a condition of the Part 70
license, a Part 70 license granted by the Department is effective when the
Commissioner, or his or her designee, signs the Part 70 license. A Part 70
license granted by the Board of Environmental Protection (BEP) is effective
when the BEP chair signs the license.
R.
Term of a Part 70 license
Each renewal of a Part 70 license or Initial Part 70 issued
by the Department shall have a term of five (5) years after the date of
issuance.
S.
Expiration of a Part 70 license
If a complete renewal application as determined by the
Department, is submitted at least 6 months prior to expiration but no earlier
than 18 months, then pursuant to Title 5 MRSA §10002, the license shall
not expire and all terms and conditions of the Part 70 license shall remain in
effect until the Department takes final action on the renewal of the Part 70
license. Licenses in affect under this provision may also be modified prior to
a renewal issuance. The provisions of this subsection do not bar enforcement
action pursuant to Title 5 MRSA §10004, Title 38 MRSA §349 or any
other applicable statutes.
An existing source submitting a complete renewal application
under this Chapter prior to the expiration of the Part 70 license will not be
in violation of operating without a Part 70 license.
Failure to submit a complete renewal application prior to
expiration of the Part 70 license renders the license expired and the owner or
operator is considered to be operating and maintaining an air contamination
source without a Part 70 license from the Department, in violation of this
Chapter.
T.
Source
obligation
Approval to construct a new source or modification, or an
exemption pursuant to subsection 1(D) of this Chapter shall not relieve any
owner or operator of a source from the responsibility to comply fully with any
Applicable requirements and state requirements.
U.
Public access to information and
confidentiality
As a general rule, all information and data submitted in an
application for a Part 70 license shall be available upon request for public
inspection and copying. Any exception to this general rule shall be governed by
the provisions of the Freedom of Access Law, Title 1 MRSA §401et
seq., as amended. Information for which the applicant seeks
confidential status shall be conspicuously identified in a separate document
and submitted to the Department for a determination that one or more of the
criteria of Title 1 MRSA §402(3) with respect to the exemptions from the
term, "public records," was met. Such information shall be stored separately in
accordance with procedures developed by the Department. Public records include,
but are not limited to, the following:
(1) Information concerning the nature and
extent of the emissions of any air contaminant by a source; and
(2) Information submitted by the source with
respect to the economic, environmental and energy impacts of various control
options in the determination of the control technology requirements.
In the case where a source has submitted information to the
Department under a claim of confidentiality, the Department may also require
the source to submit a copy of such information directly to EPA.
The contents of a Part 70 license shall not be treated as
confidential.
At reasonable times and location the Department shall
provide for the inspection of public records. Charges for copying shall reflect
the costs to the Department and payment shall be made to the Maine
Environmental Protection Fund.
V.
Inspections to verify
information
Employees and authorized representatives of the Department
shall be allowed safe access to the licensee's premises during business hours,
or any time during which any emissions units are in operation, and at such
other times as the Department deems necessary for the purpose of performing
tests, collecting samples, conducting inspections, or examining and copying
records relating to emissions.
W.
Replacement of Air Pollution Control
Systems
If a licensee is proposing to replace an existing air
pollution control system, including the replacement of oil burner guns, the
applicant must obtain a license amendment pursuant to 06-096 CMR 115.
X.
Licensing of HAP
sources
Pursuant to 38 MRSA Section585-B, the Department may control
HAPs by adopting emission limits, design, equipment, work practices or
operational standards for activities emitting hazardous air pollutants if no
ambient air quality standards have been established for those
pollutants.
Y.
Modifications of Part 70 HAP sources
Sources applying for a new Part 70 HAP source, a modification
or reconstruction of a Part 70 HAP source which is not currently subject to a
HAP emission limitation, and which sources are not Part 70 major sources, will
be reviewed only under the New Source Review section of 06-096 CMR 115.
Z.
Computation of time
period
"Days" are calendar days unless otherwise designated.
"Working days" excludes Saturdays, Sundays, state holidays and state shutdown
days. In computing any period of time prescribed or allowed by this Chapter,
the last day of the period is to be included unless it is a Saturday, Sunday,
state holiday, or state shutdown day in which event the period runs until the
end of the next day which is not a Saturday, Sunday, state holiday, or state
shutdown day. If a person is required to take some action within a prescribed
period after service of notice or other paper and the notice or paper is served
by mail, three (3) days shall be added to the prescribed period.
AA.
Emergency
provision
An emergency constitutes an affirmative defense to an action
brought for noncompliance with technology-based emission limits if the
conditions of this subsection (subsection 2(AA) ) are met. The affirmative
defense for an emergency shall be demonstrated through properly signed,
contemporaneous operating logs, or other relevant evidence that:
(1) An emergency occurred and the licensee
can identify the cause or causes of the emergency;
(2) The licensed facility was at the time
being properly operated;
(3) During
the period of the emergency, the licensee took all reasonable steps to minimize
levels of emissions that exceeded the emission standards or other requirements
in the Part 70 license; and
(4) The
licensee submitted notice of the emergency to the Department within two (2)
days or the next working day, whichever is later, of the time when emission
limits were exceeded due to the emergency. This notice must contain:
(a) a description of the emergency;
(b) steps taken to mitigate emissions;
and
(c) corrective actions taken.
In any enforcement proceeding, the licensee seeking to
establish the occurrence of an emergency has the burden of proof. This
provision is in addition to any emergency or upset provision contained in any
Applicable requirement.
