Section 096-164-1 - ApplicabilityA.This regulation applies statewide.B.This regulation supersedes Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR Ch. Ch. 2, where applicable.C.This regulation applies to all Concrete Batch Plants (CBP) unless the CBP is or would be required to be covered under a separate state air emission license pursuant to 06-096 CMR Ch. 115.D.This regulation applies to a facility which is considered a minor source of air emissions pursuant to Department regulation 06-096 CMR Ch. 100, Definitions; that is not defined as a Part 70 source and is not subject to 06-096 CMR Ch. 137, Emission Statements. This regulation does not exempt a minor source from any applicable state or federal requirements including, but not limited to, those pursuant to 06-096 CMR Ch. 143, New Source Performance Standards or 06-096 CMR Ch. 144, National Emission Standards for Hazardous Air Pollutants.E. Exclusions. A source is not eligible for a Concrete Batch Plant General Permit if: (1) It is determined that the source cannot comply with the terms and conditions of this regulation;(2) The Department has reasonable cause to believe that the application contains fraud or misrepresentation; (3) The person applying for the General Permit failed to disclose a material fact required by the application or the regulations of which the applicant had, or should have had knowledge at the time the application was submitted; (4) The owner or operator owes any past due fees or civil penalties to the Department from previous air related licenses, permits or consent agreements;(5) The power plant engine has a maximum heat input equal to or greater than 5.0 MMBtu/hr or 700 hp; (6) The power plant engine cannot meet the definition of a portable non-road engine. Concrete Batch Plants with a power plant engine(s) subject to National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines, 40 CFR Part 63, Subpart ZZZZ shall obtain an air emission license pursuant to 06-096 CMR Ch. 115;(7) The associated boilers, hot water heaters, and power plant engines have a total maximum heat input capacity equal to or greater than 10.0 MMBtu/hr; (8) The aggregate of all stationary fuel burning equipment at a facility, including all concrete batch plants and power plant engines or other equipment under control of the owner or operator, fires more than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, or equivalent natural gas/propane (combined) in a calendar year; or(9) The Department has reasonable cause to believe that emissions from the proposed, modified, or relocated source will violate the control strategy or interfere with attainment or maintenance of a national standard in Maine or in a neighboring state.06- 096 C.M.R. ch. 164, § 1