06- 096 C.M.R. ch. 115, § 2

Current through 2024-46, November 13, 2024

Section 096-115-2 - General Terms and Conditions of Applications and Licenses

A.Projects requiring multiple application submittals under this Chapter. If a source is applying simultaneously for the renewal of a source 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 requirement, or to evaluate the fee amount. An application for a Minor Modification or Major 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 owner or operator name (legal name as registered with the Secretary of State), facility site name and physical site location, facility mailing address, responsible official's name, and name(s) with corresponding contact information for the facility manager/contact;

(2) Identification of the source's processes and products;

(3) Any insignificant activities which the source proposes to be qualified as substantially equivalent to the insignificant activities specified in Appendix B of this Chapter;

(4) The following emissions related information for units and activities that are not insignificant activities (the Department may waive the requirement to submit any or all of items (a)-(h) if the information required is deemed not pertinent to the application):

(a) All emissions of regulated pollutants;

(b) Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate annual license fees;

(c) Identification and description of all points of emissions described in (a) and (b) above in sufficient detail to establish the source's applicability to any requirements;

(d) Emission rates in such terms as are necessary to establish compliance with applicable requirements and 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 operations affecting emissions, or any work practice standards, where applicable, for all regulated pollutants;

(h) Calculations used as the basis for emissions-related information;

(5) Any other information that may be necessary to implement and enforce any requirements applicable to the source;

(6) If required by the Department, proposed monitoring, modeling, testing, record keeping and reporting protocols, the results of previously performed instack monitoring, and results of previously performed stack testing. This information shall not be used in the completeness determination of the application, unless the information is required as part of a New Source Review application;

(7) 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 7 of this Chapter. The information required pursuant to Section 7 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

(8) 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 7 of this Chapter. The information required pursuant to Section 7 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 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. Any applicant for a renewal license, a new source license, any modification, or a 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. No public notice is required for a minor revision. 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 public notice from the paper (cut or copied from the newspaper in which it was printed) must be submitted with the application. The public notice of Intent to File must include the following information:

(1) Name, address and telephone number of the applicant;

(2) Citation of the statutes or rules under which the application is being processed;

(3) Location of the proposed action;

(4) Summary of the proposed action;

(5) Anticipated date for filing the application with the Department;

(6) 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:

(a) for the Board of Environmental Protection to assume jurisdiction over the application; or

(b) for a public hearing on the application;

(7) A statement of the name, address and phone number of the Department contact person;

(8) A statement providing the local filing location where the application can be examined; and

(9) Any other information required by rule or law.

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.

NOTE: A Public Notice of Intent to File form is available from the Department.

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 make a determination regarding the 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.

For new source licenses the air emission license fee must be paid in full to meet the completeness criteria.

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 license 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 denying the license, the Department shall provide written notice to the applicant including a list of the required information. 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.

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.

(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. Compliance with the conditions of a license shall be deemed compliance with any state-enforceable requirements as of the date of license issuance, provided that:

(1) Such state-enforceable requirements are included and are specifically identified in the license; or

(2) The Department, in acting on the license application or revision, determines in writing that other state-enforceable requirements specifically identified are not applicable to the source, and the license includes the determination or a concise summary thereof.

However, in no case shall such a determination within the license be a permit shield from a federally enforceable requirement.

J.Operational Flexibility. The following changes are allowed without requiring a license amendment:

(1) Operational flexibility provided for in the license language;

(2) Off-permit changes that are not addressed in the license and are one of the following:

(a) The installation of an insignificant activity found in Appendix B of this Chapter. In no case shall insignificant activities be exempt from determining whether the source is a Part 70 source;

(b) The modification of an insignificant activity that still qualifies as an insignificant activity after the modification; and

(c) A change at the source for which the applicant has received written Departmental approval that the change does not require a license, license amendment, or other action under Sections 4, 5, or 6 of this Chapter.

K.Public and EPA Draft Notification. A public comment period shall be held on draft licenses for major modifications and new major sources as follows:

(1)Public.The applicant shall provide a copy of the draft license and the application, 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)EPA.The Department shall provide a copy of the draft license to EPA. EPA shall have a thirty (30) day review period on the draft.

(3)Draft Availability Notice.The notice of Draft Availability shall be published, 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 draft license;

(f) a statement of the public's right to provide written public comment or to request a public meeting, with the mailing address of the Department; and

(g) for the purpose of a Major New Source Review draft license subject to this subsection, 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.

NOTE: A Draft Availability Notice form is available from the Department.

For a Major New Source Review draft license 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 may 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.

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 day on which EPA received the draft, whichever is later.

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 draft license. The Department shall file all written comments for public inspection at the Department's Augusta office.

L.Effective date of a license. Unless otherwise indicated as a condition of the license, a license granted by the Department is effective when the Commissioner, or his or her designee, signs the license. A license granted by the Board of Environmental Protection (BEP) is effective when the BEP chair signs the license.

M.Term of a license. Each renewal or a new source air emission license issued to a minor source by the Department shall have a term of ten (10) years from the date of issuance.

NOTE: A license issued for a new major source or major modification shall not expire.

N.Expiration of a license. If a complete renewal application, as determined by the Department, is submitted prior to expiration, then pursuant to Title 5 MRSA §10002, all terms and conditions of the license shall remain in effect until the Department takes final action on the renewal of the license. 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.

Failure to submit a timely and complete application prior to expiration of the license renders the license expired and the owner or operator is considered to be operating and maintaining an air emission source without a license from the Department, in violation of this Chapter.

For those sources that fail to submit a timely and complete application and continue to operate, the source shall submit a new application which will be processed as a renewal. These sources shall apply the BPT results of an analysis similar to subsection 4(A)(4)(d) of this Chapter in addition to any appropriate enforcement response for the operation of an air emission source without a license.

O.Source obligation. Approval to construct a new source or modification, or an exemption pursuant to subsection 1(C) of this Chapter shall not relieve any owner or operator of a source from the responsibility to comply fully with any requirements applicable to the source.

P.Public access to information and confidentiality. As a general rule, all information and data submitted in an application for a 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 regulated pollutant 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.

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.

Q.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.

R. Replacement of Air Pollution Control Systems. If a licensee is proposing to replace an existing air pollution control system or replacement of burner systems, the applicant must demonstrate to the Department that the new equipment will achieve BPT. The replacement may be proposed within the renewal application or as a Minor Revision and shall be treated consistent with the CAA and federal regulations.

S. Licensing of Hazardous Air Pollutants (HAPs) emissions. 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.

T.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.

U.Pollution Control Projects. Pollution control projects shall be exempt from the requirements of this Chapter to the extent allowed under the Clean Air Act, as determined by the Department on a case-by-case basis. To be exempt, the applicant must demonstrate that the proposed pollution control project is consistent with and meets all requirements of applicable State and EPA rules, policies and guidelines which specifically address exemptions from New Source Review and Prevention of Significant Deterioration programs for pollution control projects.

06- 096 C.M.R. ch. 115, § 2