Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 526 - COOLING WATER INTAKE STRUCTURES
Section 096-526-7 - Alternative Terms and Conditions for New Facilities. [See 40 CFR Section 125.85]
Universal Citation: 06 ME Code Rules ยง 096-526-7
Current through 2024-38, September 18, 2024
A. Any interested person may request that alternative requirements less stringent than those specified in sections 6.A through 6.E be imposed in the permit. The Department may establish alternative requirements less stringent than the requirements of sections 6.A through 6.E only if:
(1) There is
an applicable requirement under sections 6.A through 6.E;
(2) The Department in consultation with the
EPA Region 1 Regional Administrator determines that data specific to the
facility indicate that compliance with the requirement at issue would result in
compliance costs wholly out of proportion to the costs EPA considered in
establishing the requirement at issue or would result in significant adverse
impacts on local air quality, significant adverse impacts on local water
resources other than impingement or entrainment, or significant adverse impacts
on local energy markets;
(3) The
alternative requirement requested is no less stringent than justified by the
wholly out of proportion cost or the significant adverse impacts on local air
quality, significant adverse impacts on local water resources other than
impingement or entrainment, or significant adverse impacts on local energy
markets; and
(4) The alternative
requirement will ensure compliance with other applicable provisions of the
Clean Water Act and any applicable requirement of state law.
B. The burden is on the person requesting the alternative requirement to demonstrate that alternative requirements should be authorized.
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