Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 164 - GENERAL PERMIT FOR CONCRETE BATCH PLANTS
Section 096-164-5 - Concrete Batch Plant General Permit Requirements for Operators

Universal Citation: 06 ME Code Rules ยง 096-164-5

Current through 2024-13, March 27, 2024

A. General Conditions

(1) Employees and authorized representatives of the Department shall be allowed safe access to the business premises during business hours, 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 (Title 38 MRSA §347-C). Prior to entrance to the property, the Department shall notify the operator and the operator, or a designee, shall provide safe access that complies with safety requirements of all local, state, and federal regulating authorities as well as all written safety standard operating procedures for that facility.

(2) The operator shall establish and maintain a continuing program of best management practices for suppression of fugitive particulate matter during any period of construction, reconstruction, or operation which may result in fugitive dust and shall submit a description to the Department upon request.

(3) The General Permit does not convey any property rights of any sort, or any exclusive privilege.

(4) The operator shall maintain and operate as necessary all emission units and air pollution systems required by the general permit in a manner consistent with good air pollution control practice for minimizing emissions.

(5) The operator shall maintain sufficient records to accurately document compliance with emission standards and general permit conditions and shall maintain such records for a minimum of six (6) years. The records shall be submitted to the Department upon written request.

(6) The operator shall comply with all applicable terms and conditions of this general permit. The filing of an appeal, the notification of planned changes or anticipated noncompliance, or the filing of an application for an air emission license issued under the authority of 06-096 CMR Ch. 115 shall not stay any condition of this General Permit.

(7) The operator shall not use as a defense in an enforcement action that the disruption, cessation, or reduction of operations would have been necessary in order to maintain compliance with the conditions of the General Permit. Notwithstanding any other provisions in the State Implementation Plan approved by the EPA or Section 114(a) of the CAA, any credible evidence may be used for the purpose of establishing whether a person has violated or is in violation of any statute or regulation.

(8) The operator shall keep a copy of the NOITC and manufacturer's operating instructions at the site where the facility operates and shall provide the documentation to Department representatives upon request.

(9) The operator shall train all equipment operator(s) to be thoroughly familiar with the terms and conditions of this general permit.

(10) Notwithstanding any part of this regulation, the owner/operator is subject to the applicable parts of 06-096 CMR Ch. 101, Visible Emissions.

B. Concrete Batch Plant Emissions Control and Maintenance Requirements

(1) The operator shall establish and maintain a continuing program of best management practices for suppression of fugitive particulate matter during any period of construction, reconstruction, or operation which may result in fugitive dust, and shall submit a description of the program to the Department upon request.

(2) The operator shall maintain and operate as necessary all emission units and air pollution systems required by the General Permit in a manner consistent with good air pollution control practice for minimizing emissions.

(3) Visible emissions from the Concrete Batch Plant shall not exceed 20 percent (%) opacity on a six (6) minute block average basis, more than once in a (1) one-hour period pursuant to 06-096 CMR Ch. 101, Visible Emissions.

(4) Visible emissions from any transfer point on belt conveyors shall not exceed 7 percent (%) opacity on a six (6) minute block average basis, more than once in a continuous 3-hour period pursuant to 06-096 CMR Ch. 101, Visible Emissions.

(5) The operator shall maintain control equipment for particulate control on the Concrete Batch Plant and associated material handling systems, bag house filtration systems and cement silos and operate them as necessary to limit visible emissions to the applicable opacity standards listed in 06-096 CMR Ch. 101 and in this subsection.

(6) The operator shall maintain a log detailing the maintenance on particulate matter control equipment. The operator shall perform monthly inspections of control equipment. Records of the date of each inspection and any corrective action required will be included in the maintenance log. The maintenance log shall be kept on-site at the Concrete Batch Plant location.

(7) The operator shall maintain a log detailing and quantifying the hours of operation on a daily basis for the Concrete Batch Plant. The operator shall record the date and location of all bag failures as well as all routine maintenance. The operation log shall be kept on-site at the Concrete Batch Plant location.

C. Concrete Batch Plant Record Keeping, Testing and Reporting Requirements

(1) The operator shall maintain sufficient records to accurately document compliance with emission standards and General Permit conditions and shall maintain such records for a minimum of six (6) years. The records shall be submitted to the Department upon written request.

(2) In accordance with the Department's air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the Department, the operator shall:
(a) perform testing to demonstrate compliance with the applicable emission standards under circumstances representative of the facility's normal process and operating conditions:
(i) within sixty (60) calendar days of receipt of a notification to test from the Department or EPA, if visible emissions, equipment operating parameters, staff inspection, air monitoring or other cause indicate to the Department that equipment may be operating out of compliance with emission standards or license conditions; or

(ii) pursuant to any other requirement of this general permit to perform testing.

(b) make any accommodations necessary to allow emission testing using the EPA Method 9 visual test; and

(c) submit a written report to the Department within thirty (30) days from date of any test completion.

(3) If the results of a test performed under circumstances representative of the facility's normal process and operating conditions indicate emissions in excess of the applicable standards, then:
(a) within thirty (30) days following receipt of such test results, the operator shall re-test the non-complying emission source under circumstances representative of the facility's normal process and operating conditions and in accordance with the Department's air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the Department;

(b) the days of violation shall be presumed to include the date of test and each and every day of operation thereafter until compliance is demonstrated under normal and representative process and operating conditions, except to the extent that the facility can prove to the satisfaction of the Department that there were intervening days during which no violation occurred or that the violation was not continuing in nature; and

(c) the operator may, upon obtaining an air emission license under the authority of 06-096 CMR Ch. 115 and following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis in accordance with the air emission license prior to a demonstration of compliance under normal and representative process and operating conditions.

(4) The operator shall maintain records of malfunctions, failures, downtime, fuel use and fuel sulfur content and any other similar change in operation of air pollution control systems or the emissions unit itself that would affect emissions and that is not consistent with the terms and conditions of this general permit. The operator shall notify the Department within two (2) days or the next state government working day, whichever is later, of such occasions where such changes result in an increase of emissions. The operator shall report all excess emissions in the units of the applicable emission limitation.

(5) Upon written request from the Department, the operator shall establish and maintain records, make reports, install, use and maintain monitoring equipment, and sample emissions in accordance with prescribed methods, at locations, intervals, and in a manner the Department shall prescribe; and provide other information as the Department may reasonably require in order to make a determination of the permit compliance status.

D. Equipment Relocation

(1) The operator shall notify the Bureau of Air Quality by a written notification prior to relocation of a portable concrete batch plant. It is preferred for the notice of the relocation to be submitted through the Department's on-line e-notice at:

www.maine.gov/dep/air/compliance/forms/relocation

Written notice may also be sent by fax (207-287-7641) or by mail to the address below:

Attn: Relocation Notice

Maine DEP

Bureau of Air Quality

17 State House Station

Augusta, ME 04333-0017

The notification shall include the address of the equipment's new location and the GPN pertaining to the relocated equipment.

(2) Written notification shall also be made to the municipality where the equipment will be relocated, except in the case of an unorganized territory where notification will be made to the respective county commissioners.

E. Stockpiles and Roadways. Visible emissions from a fugitive emission source shall not exceed 20 percent (%) opacity, except for no more than five (5) minutes in any 1-hour period. Compliance shall be determined by an aggregate of the individual fifteen (15)-second opacity observations which exceed 20% in any one (1) hour.

F. Associated Power Plant Engine GP Eligibility and Emission Control Requirements

(1) Each power plant engine shall not equal or exceed a maximum heat input of 5.0 MMBtu/hr.

(2) Power plant engines shall fire only fuel with a sulfur content not to exceed 15 ppm.

(3) Each power plant engine with a maximum heat input greater than 3.0 MMBtu/hr shall not exceed 0.12 lb/MMBtu of total particulate emissions.

(4) Fuel used by the facility, including any fuel fired in any stationary units such as power plant engines, boilers, and hot water heaters, shall not exceed 65,000 gallons per calendar year of diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the equivalent amount of natural gas/propane, combined.

(5) Visible emissions from each power plant engine shall not exceed 20 percent (%) opacity on a six (6) minute block average basis, except for no more than two (2) six (6) minute block averages in a continuous 3-hour period.

(6) The operator shall not operate any power plant engine as a dispatchable load generator to provide power to ISO New England or any other electricity system operation.

(7) Operators shall operate and maintain each power plant engine in accordance with the manufacturer's written instructions. Operators may only change settings as approved by the manufacturer.

(8) If the power plant engine is equipped with a diesel particulate filter, the operator shall keep records of all corrective action taken after the back pressure monitor has notified the operator that the high back pressure limit is approached.

G. Associated Boilers and Hot Water Heaters

(1) The total maximum heat input capacity of associated boilers and hot water heaters shall not equal or exceed a maximum heat input of 10.0 MMBtu/hr.

(2) Each boiler and hot water heater with a maximum heat input greater than 3.0 MMBtu/hr shall not exceed 0.12 lb/MMBtu of total particulate emissions.

(3) Fuel fired in boilers and hot water heaters associated with the Concrete Batch Plant shall be included in the facility fuel use limit of 65,000 gallons per calendar year of diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the equivalent amount of natural gas/propane, combined.

(4) Visible emissions from each boiler or hot water heater shall not exceed 20 percent (%) opacity on a six (6) minute block average basis, except for no more than two (2) six (6) minute block averages in a continuous 3-hour period.

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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