Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 140 - PART 70 AIR EMISSION LICENSE REGULATIONS
Section 096-140-6 - HAP Emission Limitations

Universal Citation: 06 ME Code Rules ยง 096-140-6

Current through 2024-38, September 18, 2024

A Applicability

(1) Promulgated HAP emission limitations. A new or existing Part 70 HAP source is subject to any HAP emissions limitation promulgated by EPA if one or more of the following conditions occur:
(a) The source meets the criteria for applicability of such HAP emission limitation;

(b) The source has proposed construction of a Part 70 HAP source; or

(c) The source has proposed reconstruction of a Part 70 HAP source.

(2) Case-by-Case MACT Determinations
(a) The Department will establish a case-by-case MACT determination for a Part 70 HAP source if EPA has failed to promulgate a MACT emission limitation applicable to a Part 70 HAP source upon receipt and approval of a Part 1 and Part 2 MACT application submitted by the owner or operator. The Department will issue the MACT emission limitation within 18 months of receiving a complete Part 2 application.

(b) Where no applicable emission limitations have been established by EPA, the Department will establish a case-by-case MACT determination for the proposed construction or reconstruction of Part 70 HAP sources unless the source has been specifically regulated or exempted under a regulation issued pursuant to Section 112(d).

(3) The following are excluded from MACT emission limitation determinations as required by 112(g) and 112(j):
(a) Stationary sources in deleted sources categories pursuant to Section 112(c)(9) of the CAA.

(b) Research and development activities as defined by 40 C.F.R. Part 63.41.

B. Schedule

(1) If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source and three years or more remain before a Part 70 license expires, an application must be submitted within the six months following EPA's promulgation of the HAP emission limitation. If less than three years remain before a Part 70 license expires, the application must be submitted with the renewal application.

(2) If EPA fails to promulgate a MACT emission limitation applicable to a source category or subcategory by the date scheduled for promulgation, the owner or operator of the existing HAP major source (that includes one or more stationary sources in that category) must submit a Part 1 MACT application within 18 months after the date scheduled for promulgation. The Part 1 MACT application must include the following requirements:
(a) The name and address (physical location) of the major source;

(b) A brief description of the major source and an identification of the relevant source category;

(c) An identification of the types of emission points belonging to the relevant source category; and

(d) An identification of any affected sources for which a Section 112(g) MACT determination has been made.

Within 24 months after an owner or operator submits a Part 1 MACT application the owner or operator must submit a Part 2 MACT application meeting the requirements of subsections 6(D)(1)(a) through (i) and 6(D)(2)(a) through (d) of this Chapter.

(3) If the applicant is applying for a new Part 70 HAP source or a reconstruction of a Part 70 HAP source, an application must be submitted and processed in accordance with this Chapter and 06-096 C.M.R. ch. 115.

C. Application Notification

(1) No application notification is required for the processing of a Part 70 license amendment for the purpose of a HAP emission limitation.

(2) A copy of the application shall be submitted by the source to EPA Region I.

D. Required Application Information

(1) For sources subject to HAP emission limitations promulgated by the EPA or adopted by the Department through rule, the applicant shall submit the information required in subsection 2(B) of this Chapter in addition to the following information:
(a) A description of all emissions units and the HAP emitted by each Part 70 HAP source which is subject to a HAP emission limitation for existing Part 70 HAP sources or a HAP emission limitation for new Part 70 HAP sources;

(b) The emission rate of each HAP emitted by each emissions unit, stated in terms that would be federally enforceable;

(c) The annual rate of uncontrolled emissions of any HAP from the Part 70 HAP source;

(d) The annual rate of controlled emissions for the emissions units subject to HAP emission limitations;

(e) Parameters to be monitored or frequency of monitoring to demonstrate continuous compliance with the HAP emission limitations;

(f) Supporting technical information that documents any applicable HAP emission limitation for new Part 70 HAP sources will be met upon commencement of operation;

(g) Supporting technical information that documents the source is, or will be in compliance with any applicable HAP emission limitation promulgated by EPA;

(h) Any other information required by the Department to assess compliance with any existing federal, State or local limitations or requirements applicable to the affected source;

(i) For a new affected source, the anticipated date of start-up.

(2) For sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, the applicant shall submit the information required in subsection 2(B) of this Chapter in addition to the following information:
(a) All of the information listed above in subsection 6(D)(1) of this Chapter;

(b) The HAP emission limitations proposed by the applicant that, under representative operating conditions and maintenance, would achieve the MACT emission limitation for existing Part 70 HAP sources or the MACT emission limitation for new Part 70 HAP sources, whichever is applicable.

Supporting technical information must be included, such as design, operation, size, control efficiency, identification of control technology in place for each affected emission point or group of affected emission points or any other information deemed necessary by the Department;

(c) The HAP emission limitations proposed by the applicant shall:
(i) For sources that propose to construct a new or reconstruct an existing Part 70 HAP source, be no less stringent than the emission control that is achieved in practice by the best controlled similar source.

(ii) Provide the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.

(iii) Include either a proposed relevant emission standard pursuant to CAA Section 112(d) or Section 112(h) or adopted presumptive MACT determination for the source category which includes the constructed or reconstructed major source. The MACT requirements applied to the constructed or reconstructed major source shall reflect those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.

(iv) For sources for which EPA fails to promulgate a MACT emission limitation within 18 months after the scheduled promulgation date, be no less stringent than the emission limitation that would be achieved at the MACT floor, and that, at a minimum, meets the requirements of a top-down case-by-case MACT analysis for the type and quantity of HAP emitted by the source.

(d) Where feasible, applicants should propose HAP emission limitations that are based upon pollution prevention techniques rather than the use of control equipment.

E. License Content. The Part 70 license will contain the following:

(1) The HAP emission limitation promulgated by EPA, adopted by the Department, or determined on a case-by-case basis by the Department.

(2) Requirements specifying notification, operation and maintenance, performance testing, monitoring, recordkeeping, reporting requirements, and compliance dates, as provided in subsection 3(E) of this Chapter and any other compliance requirements deemed necessary by the Department.

(3) Schedule of Compliance
(a) For a constructed or reconstructed Part 70 HAP source, compliance with a promulgated MACT, Generally Available Control Technology emission limitation (GACT), residual risk, or work practice standard must be achieved upon commencing operations.

(b) For existing Part 70 HAP sources, compliance with a promulgated MACT, GACT, or work practice emission limitation must be achieved by the compliance date specified in the applicable, promulgated emission limitation. If the applicable regulation does not specify a compliance date, compliance must be achieved as expeditiously as practicable, as specified in the Part 70 license, but no later than three years after the effective date of the applicable regulation.

(c) For existing Part 70 HAP sources subject to a case-by-case MACT standard due to EPA's failure to promulgate a MACT emission limitation, compliance with a case-by-case MACT standard must be achieved as expeditiously as practicable, but no later than three years following the issuance of the Part 70 license containing a MACT emission limitation or following the promulgation of the MACT standard by EPA, whichever occurs first.

(d) Notwithstanding the requirements of this subsection, an existing Part 70 HAP source which is controlled as a result of the installation of BACT or technology for LAER prior to the promulgation of a MACT, GACT, or work practice emission limitation shall not be required to comply with the MACT, GACT, or work practice emission limitation standards until five years after the date of installation of BACT or LAER or until the compliance date of the standard, whichever is later;

(e) Notwithstanding the requirements of this subsection, new Part 70 HAP sources which commence construction or reconstruction after a MACT, GACT, or work practice emission limitation applicable to such source is proposed, and before such standard is promulgated, are not required to comply with the standard until three years after the promulgation date if:
(i) The promulgated HAP emission limitation is more stringent than the proposed standard; and

(ii) The source complies with the HAP emission limitation, as proposed, during the three years immediately after promulgation.

F. Criteria for License Approval

The Department will grant the Part 70 license if the Department determines that the Part 70 HAP source will meet the applicable HAP emission limitations.

G. Draft Notification

(1) The Department will provide a copy of the Part 70 draft license to the affected states for a comment period of 30 days. The comment period begins on the date that the affected states receive a copy of the Part 70 draft license.

(2) In addition, for sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, a comment period of 30 days will be provided for the public on the Part 70 draft license, as described in subsection 2(K) of this Chapter.

(3) EPA will have a review period of 45 days on the Part 70 draft/proposed license as described in subsection 2(L) of this Chapter or until EPA has notified the Department that EPA will not object to the issuance, whichever is first. This period may run concurrently with the comment period in subsection 6(G)(1) above unless the Department receives comments from the public or affected states that lead the Department to make substantive changes to the draft/proposed license. In which case, the 45-day review period for EPA resets and begins anew upon resubmittal of the proposed license.

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