Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS
Section 096-140-4 - Part 70 Acid Rain Sources

Universal Citation: 06 ME Code Rules ยง 096-140-4

Current through 2024-38, September 18, 2024

This Chapter adopts and incorporates by reference the provisions of 40 C.F.R. Part 72, as in effect on January 11, 1993, and as amended March 23, 1993, and October 24, 1997, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. In the event the provisions or requirements of 40 C.F.R. Part 72 conflict with or are not included in this Chapter, the Part 72 provisions and requirements apply and take precedence. For the purposes of this section, the term "permitting authority" means the Department, and the term "Administrator" means the Administrator of the EPA.

Note: Copies of Federal regulations incorporated by reference are available on the eCFR website at: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C.

A. Schedule

Submittal of permit applications and the permitting of affected sources shall occur in accordance with the deadlines in Title IV of the CAA and the regulations promulgated thereunder. If the applicant is applying for an initial Phase II acid rain permit, an application shall be submitted by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides, or by such other deadlines established under Title IV of the CAA and the regulations promulgated thereunder.

B. Required Application Information

The application shall be made using a nationally standardized form in addition to the application form and information required in subsection 2(B) of this Chapter. The applicant shall also include a compliance plan with regard to the schedule and method(s) the Title IV source will use to achieve compliance with the acid rain emissions limitations promulgated under Title IV of the CAA.

C. License Content

In addition to the information in subsection 3(E) of this Chapter, the following shall be included in the air emission license for a Title IV source:

(1) A statement that an amendment is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require an amendment under any other Applicable requirement.

(2) The compliance plan content requirements specified in Section 4 of this Chapter apply and must be included in the acid rain portion of a compliance plan for a Title IV source, except as specifically superseded by regulations promulgated under Title IV of the CAA with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(3) A license condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the CAA or the regulations promulgated thereunder.
(a) A license revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a license revision under any other Applicable requirement.

(b) A limit will not be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other Applicable requirement.

(c) Any such allowance will be accounted for according to the procedures established in regulations promulgated under Title IV of the CAA.

(4) The Part 70 license will state that, where an Applicable requirement of the CAA is more stringent than an Applicable requirement of regulations promulgated under Title IV of the CAA, both provisions will be incorporated into the license and are enforceable by the Department and EPA.

D. Nothing in the permit shield, specified in subsection 2(I) of this Chapter, or any Part 70 license alters or affects the Applicable requirements of the acid rain program, consistent with Section 408(a) of the CAA.

E. Part 70 General Licenses

Part 70 General licenses will not be granted for Title IV sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the CAA.

F. Modifications for acid rain sources pursuant to Title IV of the CAA shall provide an opportunity for public comment and review including public notice and the offering of an opportunity for public comment and a public meeting, and are be governed by 40 C.F.R. Part 72.

G. A Part 70 source is prohibited from making, without a permit revision, such changes subject to any requirements under Title IV of the CAA or Title I modifications or a modification or reconstruction under any provision of Section 111 or 112 of the CAA.

H. A license modification or license amendment for purposes of the acid rain portion of the license are be governed by regulations promulgated under Title IV of the CAA.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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