Chapter 121: EMISSION LIMITATIONS and EMISSION TESTING of RESOURCE RECOVERY FACILITIES

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Chapter 117: SOURCE SURVEILLANCE – EMISSIONS MONITORING

SUMMARY: This regulation specifies which emission units are required to operate continuous emission monitoring systems (CEMS); and details the performance specifications, quality assurance requirements and quality control procedures for such systems, and associated record keeping and reporting requirements.

1. Scope and Applicability

A. This regulation applies statewide.

B. The owner or operator of any of the following emission units shall install, certify, calibrate, operate, maintain, and perform system audits on the continuous emission monitoring systems (CEMS) for regulated pollutants as specified in this Chapter.

(1) Fuel-burning equipment with a heat input capacity of greater than 100 million British Thermal Units (BTU) per hour shall continuously monitor for opacity, except when:

(a) Gaseous fuel is the only fuel burned; or

(b) The annual average capacity factor for any non-gaseous fuel or combination of non-gaseous fuels burned in the emissions unit is demonstrated to be less than 30% and is limited to such by a federally enforceable license condition.

(2) Fuel-burning equipment with a heat input capacity of greater than 200 million BTU per hour shall continuously monitor for nitrogen oxides unless the owner or operator demonstrates that the annual average capacity factor is less than 30%, is projected to remain at less than 30% and is limited to such by a federally enforceable license condition.

(3) Any emissions unit required by statute, regulation, license condition, or other Departmental action to continuously monitor for any regulated pollutant unless determined to be exempt from some or all of the requirements of this Chapter by the Department pursuant to subsection (1)(C) of this Rule.

(4) Any emissions unit subject to 40 CFR Part 60 New Source Performance Standards, 40 CFR Parts 61 or 63 National Emission Standards for Hazardous Air Pollutants, or 40 CFR Part 75 Acid Rain Program regulations, which require the installation and operation of CEMS to demonstrate compliance with a specified opacity or emission limit.

(5) Any emissions unit whose potential to emit is limited by federally enforceable license conditions which restrict its hours of operation or operating configuration, type or amount of material combusted, stored, or processed, or level of production, and for which the Department determines that CEMS are necessary to demonstrate compliance with these license conditions pursuant to subsection (1)(C) of this Rule.

(6) Any emissions unit that utilizes air pollution control equipment in order to maintain compliance with an opacity or emission limit and the Department determines through the licensing process that a CEMS is necessary to demonstrate compliance with such limit. DRAFT

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(7) Any emissions unit which the Department has determined through the licensing process has a significant impact on air quality and for which a CEMS is necessary to demonstrate that the ambient air quality standards are achieved and maintained.

(8) Any emissions unit from which a documented violation of any applicable opacity or emission limit has occurred and for which the Department determines through the licensing process that a CEMS is appropriate.

(9) Fuel-burning equipment which is required to measure sulfur dioxide, carbon monoxide, total reduced sulfur, ammonia, nitrogen oxides, or other gaseous pollutants pursuant to this Chapter shall continuously monitor for either percent oxygen or percent carbon dioxide when needed to quantify emissions at a standard condition.

(10) Any emission unit which has the potential to emit greenhouse gases shall continuously monitor such emissions as necessary to satisfy the monitoring and reporting requirements of 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards.

C. Limited Exemptions

(1) The Department may on a case by case basis allow compliance with this Chapter through provisions under 40 CFR Part 51, Appendix P, Section 6. In such cases the Department shall determine alternative emission monitoring and reporting requirements (e.g., periodic stack tests) to satisfy the intent of this Chapter through an amendment to the air emission license. Examples of such special cases include, but are not limited to, the following:

(a) When installation of a CEMS would not provide accurate determinations of emissions (for example, condensed, uncombined water vapor may prevent an accurate determination of opacity);

(b) When the annual average capacity factor for the affected emissions unit is less than 30% and is restricted by license condition to remain at less than 30%;

(c) When the Department determines that the requirements would impose an extreme economic burden on the source owner or operator; or

(d) When the Department determines that the CEMS cannot be installed due to physical limitations at the facility.

(2) Lime kilns shall not be required to continuously monitor for sulfur dioxide.

(3) Fuel-burning equipment controlled by wet scrubbers approved by the Department shall not be required to continuously monitor for opacity unless such equipment is required to continuously monitor for opacity by 40 CFR Part 60 New Source Performance Standards.

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NOTE: Emissions monitoring and reporting requirements under federal law may, in some cases, be more stringent than the requirements of this Chapter and Title 38 M.R.S.A. §589(3). ______

2. Definitions

The following terms, as used in this Chapter, have the following meanings.

A. Absolute Correlation Audit or ACA. “Absolute Correlation Audit” or “ACA” means an evaluation of a PM CEMS response to a series of reference standards covering the full measurement range of the instrument.

B. Analyzer. "Analyzer" means that portion of the CEMS that:

(1) Senses the pollutant gas and generates an output proportional to the gas concentration, or

(2) Senses the pollutant and generates an output that is a function of opacity, or

(3) Senses the pollutant and generates an output proportional to the particulate matter concentration.

C. Annual average capacity factor. "Annual average capacity factor" means the ratio between the actual heat input to an emissions unit from fuels during a calendar year, and the potential heat input to the emissions unit had it been operating for one year at the maximum steady state design heat input capacity.

D. Calibration attenuators. "Calibration attenuators" consist of a minimum of three filters or screens with neutral spectral characteristics selected and calibrated according to 40 CFR Part 60, Appendix B, and of sufficient size to attenuate the entire light beam received by the detector of the transmissometer (that portion of the CEMS which includes the sample interface and the analyzer).

E. Calibration drift. "Calibration drift" means the difference in the CEMS' output reading from the established reference value after a stated period of normal continuous operation during which no unscheduled maintenance, repair or adjustment took place. . The reference value may be supplied by cylinder gas, gas cell, optical filter, or electronic signal as approved by the Department.

F. Continuous Emission Monitoring System or CEMS. "Continuous Emission Monitoring System" or “CEMS” means the total equipment required for the determination of a gas concentration or pollutant emission rate or opacity reading, including,the associated data recording equipment (such as strip chart, computer disk, magnetic tape, etc.).

G. Continuous Emission Rate Monitoring System or CERMS. "Continuous Emission Rate Monitoring System" or “CERMS” means the total equipment required for the determination of pollutant mass emission rate (in terms of mass per unit of time), including the associated data

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recording equipment (such as strip chart, computer disk, magnetic tape, etc.). A CERMS is a subset of a CEMS.

H. Continuous Opacity Monitoring System or COMS. "Continuous Opacity Monitoring System" or “COMS” means the total equipment required for the determination of opacity emissions, including the associated data recording equipment (such as strip chart, computer disk, magnetic tape, etc.). A COMS is a subset of a CEMS.

I. Correlation Range. “Correlation Range” means the range of PM CEMS responses used in the complete set of correlation test data.

J. Data recorder. "Data recorder" means that portion of the CEMS that provides a permanent record of the analyzer output. The data recorder may include automatic data reduction capabilities.

K. Gaseous Continuous Emission Monitoring System or Gaseous CEMS. "Gaseous Continuous Emission Monitoring System" or “Gaseous CEMS” means the total equipment required for the determination of a gas concentration, including the associated data recording equipment (i.e., strip chart, computer disk, magnetic tape, etc.). A Gaseous CEMS is a subset of a CEMS.

L. Gaseous excess emission. "Gaseous excess emission" means any period during which an emissions unit is operating and the average gaseous emissions as measured by the CEMS or appropriate EPA reference method test exceed the applicable emission standard over the applicable averaging period and the data was not deemed to be invalid. This does not include periods of start up, shutdown and unavoidable malfunction determined to be exempt by the Department.

M. Gaseous fuel. "Gaseous fuel" includes, but is not limited to, natural gas, process gas, landfill gas, coal derived gas, refinery gas liquefied petroleum gas, and biogas. Blast furnace gas is exempt from this definition.

N. Opacity excess emission. "Opacity excess emission" means any period during which an emissions unit is operating and opacity as measured by the COMS or appropriate EPA reference method test exceeds the applicable opacity standard over the applicable averaging period and the data was not deemed to be invalid. This does not include periods of start up, shutdown and unavoidable malfunction determined to be exempt by the Department.

O. Out-of-control period. "Out-of-control period" means the period of time when a source is operating during which a CEMS is considered to be recording invalid data. This time period is considered CEMS downtime by the Department.

P. Particulate matter excess emission. "Particulate matter excess emission" means any period during which an emissions unit is operating and the average emissions as measured by the PM CEMS or EPA reference method test exceeds the applicable emission standard over the applicable averaging period and the data was not deemed to be invalid. This does not include periods of start up, shutdown and unavoidable malfunction determined to be exempt by the Department.

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Q. PM CEMS Correlation. “PM CEMS Correlation” means the site-specific relationship (i.e., a regression equation) between the output from the PM CEMS (such as mA) and the particulate concentration, as determined by the reference method. The PM CEMS correlation is expressed in the same units as the PM concentration measured by the PM CEMS (such as mg/acm). This relation is derived from PM CEMS response data and manual reference method data that were gathered simultaneously. These data must be representative of the full range of source and control device operating conditions that are expected to occur. The correlation must be developed by performing the steps presented in 40 CFR Part 60, Appendix B, Sections 12.2 and 12.3 of PS–11.

R. Quality assurance plan or QA plan. "Quality assurance plan" or “QA plan” means a management program designed to ensure that quality control (QC) activities are being performed. It is the written documentation of what the QA program proposes to accomplish and the QC procedures that are to be followed within the program. An established QA plan is that source specific written documentation of the proposed QA program and the QC procedures as required by subsection (4) (B) of this chapter and which reflects the effective date on each page of the document.

S. Quality control procedures or QC procedures. "Quality control procedures" or “QC procedures” means the specific maintenance and monitoring steps performed on a routine basis, including but not limited to daily calibration checks, routine filter replacements and cylinder gas audits. Established QC procedures are the written steps for performing specific maintenance and monitoring procedures completed on a routine basis, as required by subsection 4(B) of this Chapter and which reflects the effective date on each page of the QC procedures.

T. Reference method sampling location. “Reference Method Sampling Location” when used in regards to PM CEMS means the location in the source's exhaust duct from which manual reference method data is collected for developing the PM CEMS correlation and for performing relative response audits (RRAs) and response correlation audits (RCAs).

U. Relative accuracy. "Relative accuracy" means the difference between the value determined by a CEMS and a reference value described in 40 CFR, Part 60, Appendix F, Section 6.

V. Relative Response Audit or RRA. “Relative Response Audit” or “RRA” means the brief series of tests specified in 40 CFR Part 60, Appendix F, Section 10.3(6), that are conducted between consecutive RCAs to ensure the continued validity of the PM CEMS correlation.

W. Response Correlation Audit or RCA. “Response Correlation Audit” or “RCA” means the series of tests specified in 40 CFR Part 60, Appendix F Section 10.3(8), which are conducted to ensure the continued validity of the PM CEMS correlation.

X. Sample interface. “Sample interface" means that portion of the CEMS:

(1) that is used for one or more of the following: sample acquisitions, sample transportation, and sample conditioning, or protection of the monitor from the effects of the stack effluent; or

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(2) that protects the analyzer from the effects of the stack effluent and aids in keeping the optical surfaces clean.

Y. Sample Volume Audit or SVA. “Sample Volume Audit” or “SVA” means an evaluation of the Particulate Matter (PM) CEMS measurement of sample volume if the PM CEMS determines PM concentration based on a measure of PM mass in an extracted sample volume and an independent determination of sample volume.

Z. Source Operating Time. “Source operating time” means the amount of time that an emissions unit is combusting fuel or processing material.

AA. Span value. "Span value" means:

(1) The upper limit of a gas concentration measurement range as specified in the source's Quality Control (QC) plan; or

(2) The opacity value at which the COMS is set to produce the maximum data display as specified in the source's QC plan.

AB. Unavoidable malfunction. "Unavoidable malfunction" means a malfunction resulting from the failure of one or more of the following CEMS components, which results exclusively from circumstances beyond the control of the owner or operator:

In order to be considered an "unavoidable malfunction" the owner or operator must also have taken every reasonable available measure to minimize the duration of the CEMS downtime, and the unavoidable malfunction can not have been caused, entirely or in part, by poor maintenance, careless operation, poor design, or other reasonably preventable condition. The burden of proof is on the owner or operator to demonstrate that the failure of the CEMS to record accurate and reliable data was due to an unavoidable malfunction.

AC. Unit operating day. "Unit operating day" means any calendar day (or fraction of a day) that an emissions unit is in operation.

AD. Unit operating hour. "Unit operating hour" means any hour (or fraction of an hour) that an emissions unit is in operation.

3. Performance Specifications for Continuous Emissions Monitoring Systems

A. The source owner or operator shall operate the CEMS and record accurate data in the units of the applicable standard during all source operating times, except for periods when the CEMS is subject to established quality assurance and quality control procedures or during periods of unavoidable malfunction. Any emissions data collected during periods when an emissions unit is not operating, shall not be used in determining compliance with any emission limit.

B. Any CEMS installed pursuant to this Chapter shall meet the performance specifications set forth in 40 CFR Part 60, Appendix B, 40 CFR Part 75 and comply with applicable specifications and provisions of 40 CFR Part 60, Appendix B, regarding monitor location, calibration and

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interpretation of results. Data used for calculating excess emissions shall not include data substitution using the missing data procedures of 40 CFR Part 75; nor shall the data have been bias adjusted according to the procedures of 40 CFR Part 75. Missing data shall be reported as downtime for the purposes of this Chapter.

C. For a CEMS installed pursuant to this Chapter, the following minimum specifications apply unless otherwise specified by federal regulation.

(1) The minimum specifications described in 40 CFR Part 60, Appendix B are incorporated herein by reference.

(2) A CERMS or gaseous CEMS shall record and report valid data as follows:

(a) A CEMS must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each of the four successive 15-minute quadrants of the hour (starting at the top of the clock hour), except during hours where scheduled QA is being performed. A minimum of one data point in at least three of the four distinct 15-minute quadrants constitutes a valid hour. During periods of scheduled QA a minimum of one data point in at least two of the four distinct 15-minute quadrants constitutes a valid hour.

(b) A gaseous CEMS and CERMS must average and record the data in a manner consistent with the applicable emission standard. Data need not be recorded for a particular time period if the emissions unit did not operate during that time period.

(i) A three-hour block average will be considered valid if it contains at least 2 valid hourly averages.

(ii) A four-hour block average will be considered valid if it contains at least 3 valid hourly averages.

(iii) A six-hour block average will be considered valid if it contains at least 4 valid hourly averages.

(iv) A twelve-hour block average will be considered valid if it contains at least 9 valid hourly averages.

(v) A twenty-four-hour average will be considered valid if it contains at least 18 valid hourly averages.

(vi) A thirty-day rolling average shall be calculated as described in 40 CFR Part 60, Method 19, equation 19-19. Simply stated that means: the sum of the (valid) block hour values monitored for the last 30 emissions unit operating days divided by the sum of the number of (valid) block hours monitored for the past 30 emissions unit operating days.

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(3) A CEMS for measuring opacity, particulate matter or gaseous emissions shall have the capability of displaying instantaneous values of the appropriate output for use during audits. Audit readings should be taken from the normal data recording equipment if practical.

(4) A COMS used to determine compliance with applicable opacity standards shall average data to result in one or six-minute averages (starting at the top of the clock hour), as approved by the Department and EPA. A valid six-minute average requires four valid minutes of data. A valid minute consists of a minimum of a sample point in four of the six distinct 10 (ten) second blocks or 67 percent of the minute.

(5) A PM CEMS shall average data as approved by the Department and EPA.

D. Out-of-Control Period Determinations

(1) A gaseous CEMS is out-of-control when:

(a) The calibration drift exceeds two times the applicable performance specification drift limit contained in 40 CFR Part 60, Appendix B, for five consecutive days;

(b) The calibration drift exceeds four times the applicable performance specification drift limit contained in 40 CFR Part 60, Appendix B, on any one day; or

The beginning of the out-of-control period is the time corresponding to the completion of the fifth consecutive, daily calibration drift check with a calibration drift in excess of two times the allowable limit, or the time corresponding to the completion of the daily calibration drift check preceding the daily calibration drift check that results in a calibration drift in excess of four times the allowable limit, or the time corresponding to the completion of a Relative Accuracy Test Audit (RATA), Relative Accuracy Audit (RAA), or cylinder gas audit (CGA) where the CEMS fails the applicable accuracy criteria.

The end of the out-of-control period is the time corresponding to the completion of the calibration drift check following corrective action that results in the calibration drifts at both the zero (or low-level) and high-level measurement points being within the corresponding allowable calibration drift limits, or the time corresponding to the completion of the sampling of the subsequent successful RATA, RAA, or CGA. A RATA must always be used following an out-of-control period resulting from a failed RATA.

(d) If a source’s CEMS is also subject to the requirements in 40 CFR Part 75 then the source may use the procedures outlined in Part 75, Appendices A and B instead of the procedures above to determine out-of-control periods for that CEMS.

(2) A COMS is out-of-control when:

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(a) The calibration drift (either zero or upscale) exceeds 2% opacity for five consecutive days;

(b) The calibration drift (either zero or upscale) exceeds 4% opacity on any one day; or

The beginning of the out-of-control period is the time corresponding to the completion of the fifth consecutive daily calibration drift check with a calibration drift in excess of 2%, or the time corresponding to the completion of the daily calibration drift check preceding the daily calibration drift check that results in a calibration drift in excess of 4%, or the time corresponding to the completion of the performance audit indicating unacceptable performance.

The end of the out-of-control period is the time corresponding to the completion of appropriate adjustment and calibration drift assessment, or the time corresponding to the completion of appropriate corrective actions and subsequent successful audit. A performance audit must always be used following an out-of-control period resulting from a failed performance audit.

(3) A CERMS is out-of-control when:

(a) The calibration drift for either the flow or concentration portion of the system exceeds two times the applicable performance specification drift limit contained in 40 CFR Part°60, Appendix B, for five consecutive days;

(b) The calibration drift for either the flow or concentration portion of the system exceeds four times the applicable performance specification drift limit contained in 40 CFR Part 60, Appendix B, on any one day; or

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(d) If a source’s CERMS is also subject to the requirements in 40 CFR Part 75 then the source may use the procedures outlined in 40 CFR Part 75, Appendices A and B instead of the procedures above to determine out-of-control periods for that CERMS.

(4) A PM CEMS is out-of-control when:

(a) The daily calibration drift (zero or upscale) exceeds 4% for five consecutive daily periods or exceeds 8% for any one day;

(b) The daily calibration drift for sample volume check exceeds 10% for five consecutive daily periods or exceeds 20% for any one day;

(c) The ACA (Absolute Correlation Audit) exceeds 10% of the average audit value or 7.5% of the applicable standard, whichever is greater;

(d) The SVA (Sample Volume Audit) exceeds 5% of the average sample volume audit value;

(e) The RCA (Response Correlation Audit) response value for any of the 12 points is greater than the greatest PM CEMS response value used to develop the correlation curve;

(f) The RCA response value for less than 9 of the 12 points lie within the PM CEMS output range used to develop the correlation curve;

(g) The RCA response values and reference method measurements do not fall within a specified area on a graph of the correlation regression line for 75% of the data sets. The specified area on the graph of the correlation regression line is defined by two lines parallel to the correlation regression line, offset at a distance of +/- 25% of the numerical emission limit value from the correlation regression line;

(h) The RRA (Relative Response Audit) response value for any of the 3 points is greater than the greatest PM CEMS response value used to develop the correlation curve;

(i) The RRA response value for 2 of the 3 points lie outside the PM CEMS output range used to develop the correlation curve; or

(j) The RRA response values and reference method measurements do not fall within a specified area on a graph of the correlation regression line for 2 of the 3 data sets. The specified area on the graph of the correlation regression line is defined by two lines parallel to the correlation regression line, offset at a distance of +/- 25% of the numerical emission limit value from the correlation regression line.

(k) The beginning of the out-of-control period is the time corresponding to the completion of a failed drift check, RCA, RRA, ACA, SVA or sample volume check. The end of the out-of- control period is the time corresponding to the completion of appropriate adjustment and calibration drift assessment, or the time corresponding to the completion of appropriate

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corrective actions and subsequent successful audit. A performance audit must always be used following an out-of-control period resulting from a failed performance audit. ______

NOTE: Section 3(C) defines whether data is considered “valid” for purposes of determining compliance with applicable emissions limits. By contrast, any data recorded by a CEMS that is valid may be considered in determining CEMS uptime. ______

4. Quality Assurance/Quality Control Requirements

A. Initial and replacement performance specification testing for a CEMS shall be conducted as follows.

(1) For a CEMS, either the performance specification testing in 40 CFR Part 60, Appendix B or 40 CFR Part 75 applies.

(2) For a CERMS, either the performance specifications of 40 CFR Part 60, Appendix B, Specification 6 or 40 CFR Part 75 Appendix A applies.

(3) All performance specification testing shall be performed within 180 days of the CEMS initial installation. For a facility using a CEMS:

(a) Like-kind replacement analyzers can be used to serve as a backup for a certified analyzer, for up to a 720 hour period of interim monitoring per calendar year without having to meet the Part 60 initial certification requirements. A like-kind replacement analyzer is defined as the same make and model (regardless of series identification) as the analyzer it is replacing. This analyzer would use the same probe and sample interface as the certified CEM.

In order for the data to be considered valid the analyzer must pass a Cylinder Gas Audit (CGA) prior to each use as required in 40 CFR Part 60, Appendix F after the analyzer is installed in the monitoring location. It also must comply with the daily QC requirements of 40 CFR Part 60, Appendix B. If after 720 hours the like-kind replacement analyzer isn’t certified, then the emissions data collected beyond that point is considered invalid. The like-kind replacement analyzers may not be used to report data at the affected unit or stack for more than 720 hours in a 12 month period, unless the CEMS passes all certification procedures at the installed location.

(b) Replacement analyzers that are not like-kind, require performance specification testing that must be completed within 30 days of being installed. This grace period may not be utilized more than once every 12 month period for any particular analyzer. .

(c) Performance specification testing must be conducted within 90 days of a CEMS replacement installation if the emissions unit has been inoperative for 12 or more consecutive months.

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(d) Continuous EPA reference method testing is allowed as an alternative to performing the specification testing.

(4) Written summaries of test results must be submitted to the Department within thirty (30) days of the completion of the test. If specific EPA reference method reporting deadlines allow longer, this Chapter defers to the EPA deadline. If any of the options of Section 4(A) (3) (a), (b), (c) or (d) of this Chapter are used, the Bureau must be notified in writing within 48 hours. This information shall also be included in the quarterly report along with the number of hours that the option has been used.

B. A CEMS is subject to the following audit requirements.

(1) QA Plan. Each source owner or operator shall develop and maintain a copy of its written procedures, henceforth known as the QA program for implementing its quality control procedures for each CEMS within six (6) months of the initial startup of each CEMS installed. The owner or operator shall keep a complete copy of its QA plan including updates in a readily accessible location for a period of at least six years and shall make these records available to the Department and EPA upon verbal or written request.

(2) Annual QA Program Review. Each source owner or operator shall review the QA plan and all data generated by its implementation at least once each year and revise or update the QA program, as necessary, based on the results of the annual review. The revised QA program must be available for on-site review by the Department and EPA at any time.

(3) Revisions to QA Plan. The Department may request revision of the QA program at any time based on the results of emission report reviews, inspections, audits, review of the QC procedures, or any other information available to the Department and EPA.

(4) Quarterly Reporting of Out-of-Control Periods. Pursuant to Section 7 of this Chapter, the Department shall be informed in the quarterly reports of all out-of-control periods, as defined in Section (2)(O) of this Chapter. This includes out-of-control periods as the result of the CD, CGA, RATA, RAA, quarterly audit, ACA, SVA, RCA, or RRA tests.

(5) QA/QC Procedures Specific to CEMS Monitoring of Commonly Monitored Gaseous Emissions. For a CEMS monitoring gaseous emissions of sulfur dioxide, nitrogen oxides, carbon monoxide, total reduced sulfur, ammonia, volatile organic compounds, oxygen, or carbon dioxide, the quality assurance requirements and procedures described in 40 CFR Part 60, Appendix F or 40 CFR Part 75, Appendix B, as applicable shall apply. All requirements specified in 40 CFR Part 60, Procedure 1 of Appendix F or 40 CFR Part 75, Appendix B, as applicable, shall be met with the following clarifications:

(a) CEMS Calibration Drift Test Requirements. A calibration drift test must be conducted while the source is in operation. It must be passed at two concentration values daily. After the initial performance demonstration, an off-line CD test may be used to validate data if it is followed within 26 hours by an on-line CD test. To be considered acceptable; neither the on-line nor the off-line CD test is allowed any unscheduled adjustment in

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between the two tests. The test may not result in an out-of-control specification. (Monitor adjustment is allowed immediately after a CD test.)

If a source fails to conduct and pass the required daily calibration drift test, then the data is considered invalid starting at the end of that day and until a passing test is completed. There is a grace period allowed if the daily calibration drift test is missed due to an emissions unit outage. In this case the data can be considered valid if a passing daily calibration drift test is performed within the first eight hours of operation in the next unit operating day.

Units using multiple span monitors must perform the CD testing on all ranges that are reasonably expected to be used during that unit operation day.

(b) CEMS Cylinder Gas Audit Requirements. The source owner or operator shall conduct and pass Cylinder Gas Audits (CGA) every calendar quarter that a RAA or RATA is not conducted. The audit must be conducted while the source is in operation unless the Department waives this requirement.

If during a calendar quarter the emission unit has not operated for at least 168 unit operating hours, then the CGA may be postponed until a quarter that exceeds the 168 unit operating hour threshold. After four successive calendar quarters have elapsed without a CGA then the operator has a grace period of 168 unit operating hours in which to perform a successful audit or the data from the CEMS will be invalid from that point until a successful RATA, RAA or CGA can be conducted.

The Department may require written notification of the CGA scheduled date at any time. Unless waived by the Department, the source owner or operator shall provide verbal notification to the Department of the date of the CGA or linearity test ten (10 calendar) days prior to the testing and shall permit the Department to observe the testing;

Units using multiple span monitors must perform the CGA or linearity testing, as appropriate, on all scales that are reasonably expected to be used during the quarter; unless specifically exempt from this requirement per 40 CFR Part 75.

(c) CEMS Relative Accuracy Audit Option. A Relative Accuracy Audit (RAA) as defined in 40 CFR Part 60, Appendix F, may be performed in place of a CGA. For a CEMS where a CGA cannot be performed, a RAA or other audit procedures approved by the Department shall be performed in place of the CGA;

(d) CEMS RATA Quarterly Test Requirements. RATAs must be conducted at least every fourth successive calendar quarter. If the emission unit has not had 168 unit operating hours in a quarter, then that quarter shall be excluded in determining the deadline for the next RATA. If the RATA has not been completed by the end of the eighth calendar quarter since the quarter of the last RATA, then the RATA must be completed within a 720 unit operating hour grace period following the end of the eighth successive elapsed calendar quarter; or the data from the CEMS will be invalid from that point until a successful RATA can be conducted.

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If an emission unit is shutdown during a quarter in which a RATA is due, before the RATA can be completed, then there is a grace period of 30 operating days before the data from the CEMS will be considered invalid.

Where the Department determines through the licensing process that it is technically infeasible to conduct a RATA, a CGA may be substituted for any RATA required under this paragraph or subsection 4(B) (6) of this Chapter, unless the compliance monitor is subject to NSPS, NESHAPS or the Acid Rain Program standards. Unless waived by the Department, the source owner or operator shall notify the Department thirty (30) days in advance of the planned RATA and shall permit the Department to observe the procedure.

(e) CEMS Time Shared Gaseous Audit Requirement. For a time-shared gaseous CEMS (one analyzer measuring the pollutant concentration of more than one gas stream), audits must be conducted on each gas stream.

(6) CEMS Audit Requirements for Other Gaseous Pollutants. For a CEMS monitoring other types of gaseous emissions not listed in Section 4(B) (5) in this Chapter (for example, mercury and other emerging pollutants of concern), audits shall be performed in accordance with Department and EPA procedures. The source owner or operator may obtain written Department approval of alternate audit procedures and frequency intervals by submitting documentation to the Department demonstrating that the proposed audit procedures are consistent with those presented in 40 CFR Part 60, Appendix B, and Appendix F.

(7) CERMS Audit Requirements. For a CERMS, the owner or operator must follow all the audit requirements listed in section 4(B) (5) in this Chapter. A CD test must be performed for both the gaseous portion of the system and the flow rate portion of the system as described in 40 CFR Part 60, Appendix B, Specification 6.

(8) COMS Audit Requirements

(a) Daily COMS Drift Test Requirements. A zero calibration drift test and an upscale calibration drift test as described in 40 CFR Part 60, Appendix B, Specification 1, Section 8 shall be conducted daily (while the source is in operation). After the initial performance demonstration, an off-line CD test may be used to validate data if it is followed by an on- line CD test within 26 hours. Neither the on-line nor the off-line CD test, with no unscheduled adjustment in between, shall test out-of-control. (Monitor adjustment is allowed immediately after a CD test.) If a source fails to conduct the required daily calibration drift test then the data is considered invalid starting at the end of that day and until the test is successfully completed, except that if the daily calibration drift test is missed because of an emissions unit outage, the data may be considered valid if a successful daily calibration drift test is performed within the first eight hours of operation in the next unit operating day.

(b) Quarterly COMS Audit Requirements. Quarterly audits shall be performed with the monitor in place in accordance with the procedures contained in EPA-450/4-92-010, April 1992, "Performance Audit Procedures for Opacity Monitors", or equivalent

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procedures previously approved in writing by the Department. Audits must be conducted every operating calendar quarter. The audit must be conducted while the source is in operation unless the Department waives this requirement. If during a quarter the unit has not had 168 unit operating hours then the audit may be postponed until a quarter that exceeds the 168 unit operating hour threshold. After four successive calendar quarters have elapsed without an audit then the operator has a grace period of 168 unit operating hours in which to perform a successful audit or the data becomes invalid from that point until a successful audit can be conducted.

(c) Annual COMS Drift Test Requirements. An annual seven (7)-day length zero/upscale drift (Operational Test Period) and system response time checks test as defined in 40 CFR Part 60, Appendix B, Specification 1, Section 3 shall be performed and reported to the Department following the procedures set forth in 40 CFR Part 60, Appendix B, Specification 1, Section 8.1.

(d) COMS Calibration Attenuator Requirements. A minimum of three (3) calibration attenuators (low, mid, and high) shall be used in the audits described in this Section, as specified in 40 CFR Part 60, Appendix B, Specification 1, Section 8.1(3). The calibration attenuators shall produce outlet pathlength corrected, single-pass opacity values shown in ASTM D 6216-98, section 7.5. For those sources to which any subpart of 40 CFR Parts 60, 63, or 75 is not applicable, selection of the opacity monitor span value shall be 100%. The attenuator values shall be 10-20% for the low range, 20-30% for mid range, and 30- 60% for the high range for sources with standards greater than or equal to 20% opacity and 5-10% for the low range, 10-20% for mid range, and 20-40% for the high range for sources with standards less than 20% opacity.

(e) COMS Audit Protocol. For opacity monitors installed on or after February 7, 2001, and subject to NSPS, Acid Rain or NESHAPS, the values of the calibration attenuators used in the audits described in Section 4(B)(8) above shall be checked at least twice annually (no closer than four months apart) using the same specifications cited below. Facilities may use more than one set of certified attenuators during the year. The date of certification of the attenuators must be no more than six months before the date of the quarterly COMS audit.

For all other opacity monitors the values of the calibration attenuators used in the above audits shall be checked at least once every twelve (12) months with a spectrophotometer meeting the specifications of 40 CFR Part 60, Appendix B, Specification 1, Section 6.3; or with a secondary instrument, as defined and described in 40 CFR Part 60, Appendix B, Specification 1, Section 7.2. If the measured value of the calibration attenuators differs from the calibrated value by more than ± 2 percent opacity, the calibration attenuators shall be recalibrated or replaced until the measured value does not differ from the calibrated value by more than ± 2 percent opacity.

(f) COMS Quarterly Audit Notification Requirements. The source owner or operator shall perform quarterly audits described in Section 4(B) (8) (b) of this Chapter and the annual drift test and response time test described in Section 4(B) (8) (c) of this Chapter. The source owner or operator shall notify the Department, in writing, thirty (30) days in

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advance of the planned audit or test and shall permit the Department to observe the procedure.

(9) Particulate Matter (PM) CEMS Audit Requirements

(a) Quarterly PM ACA Audits. Conduct an ACA (and a SVA, as applicable), at least once each calendar quarter unless a RRA or RCA is conducted during that quarter. If during a quarter the unit has not had 168 unit operating hours then the audit may be postponed until a quarter that exceeds the 168 unit operating hour threshold. After four successive calendar quarters have elapsed without an audit then the operator has a grace period of 168 unit operating hours in which to perform a successful audit or the data becomes invalid from that point until a successful audit can be conducted. The audits shall be performed with the monitor in place in accordance with the procedures contained in 40 CFR part 60 Appendix F, Procedure 2, section 10.3.

(b) Frequency of PM RRA or RCA Audits. Conduct a RRA or a RCA at the frequency specified in the applicable regulation or facility operating permit. The RRA shall be performed with the monitor in place in accordance with the procedures contained in 40 CFR part 60 Appendix F, Procedure 2, section 10.3. The RCA shall be performed with the monitor in place in accordance with the procedures contained in 40 CFR part 60 Appendix B, PS-11, section 8.6, except the minimum number of runs required is 12 instead of the 15 specified in PS-11.

(c) PM Alternative Audit Procedure Options. Alternative audit procedures may be substituted for the ACAs upon approval by the Department and EPA.

(10) Quarterly CEMS Audit Timing. All required quarterly audits may be done anytime during each calendar quarter, but successive quarterly audits shall occur no closer than sixty (60) days apart unless waived by the Department and EPA.

(11) CEMS Audit Reporting Requirements. Within thirty (30) days of the completion of a CEMS audit, the source owner or operator shall submit a written report summarizing the results of the audit in accordance with the following:

(a) For a CERMS, gaseous or PM CEMS audit, the report format shall conform to that presented in 40 CFR Part 60, Appendix F, Procedure 1, Section 7; and

(b) For a COMS audit, the report format shall conform to that presented in "Performance Audit Procedures for Opacity Monitors” EPA-450/4-92-010, April 1992, or equivalent procedures previously approved in writing by the Department.

(12) CEMS Audit Accuracy Verification Requirements. The Department may choose to conduct an independent CEMS audit to verify the accuracy of a source's CEMS.

5. Data Recovery Requirements. CEMS must record accurate and reliable data during all source- operating time except during established quality assurance and quality control procedure periods or during unavoidable malfunction periods. All valid data points shall be used in calculating emissions.

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A. CEMS, PM CEMS or CERMS Data Recovery Requirements. If the CEMS is recording accurate and reliable data less that 90% of source-operating time within any quarter of the calendar year, the Department may initiate enforcement action and may include in that enforcement action any period of time that the CEMS was not recording accurate and reliable data during that quarter unless the owner or operator can demonstrate to the satisfaction of the Department that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and the quality control procedures or unavoidable malfunctions. ______

Note: Pursuant to 38 M.R.S.A., Section 349, the Department may not initiate enforcement action against any person for failure to operate a gaseous CEMS, PM CEMS or CERMS as long as the system is recording accurate and reliable data at least 90% of the source-operating time in each quarter of the calendar year. ______

B. COMS Data Recovery Requirements. If the COMS is recording accurate and reliable data less than 95% of the source-operating time within any quarter of the calendar year, the Department may initiate enforcement action for any period of time that the COMS was not recording accurate and reliable data during that quarter unless the owner or operator can demonstrate to the satisfaction of the Commissioner that the failure of the system to record accurate and reliable data was due to the performance of established quality assurance and quality control procedures or unavoidable malfunctions. ______

Note: Pursuant to 38 M.R.S.A., Section 349, the Department may not initiate enforcement action against any person for failure to operate a COMS as long as the system is recording accurate and reliable data at least 95% of the source-operating time in each quarter of the calendar year, excluding time periods when the owner or operator is performing quality assurance and quality control procedures on the system that are required by the department. ______

C. The owner or operator of emissions units subject to this regulation must not intentionally disable, neglect or otherwise tamper with CEMS for the purpose of making data unavailable. The burden of proof is on the owner or operator to demonstrate that the failure of the CEMS to record accurate and reliable data was due to performance of established quality assurance and quality control procedures or unavoidable malfunctions and was not intended to make monitoring data unavailable.

D. If a CEMS is inoperable for greater than 10 percent (or 5% for COMS) of the time over each of four consecutive calendar quarters; then the owner or operator of emissions units subject to this regulation must replace and certify a new CEMS within 90 days of the end of the fourth quarter. Alternatives to the replacement of the entire CEMS system shall be allowed provided that the owner or operator can provide the Department with technical justification that the proposed alternative will ensure that the applicable data availability requirement can be met on a consistent basis.

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E. COMS uptime is calculated by adding the number of valid minutes recorded for the COMS to the number of minutes of scheduled routine QA/QC conducted for the time period divided by the number of source operating minutes for the same time period. For other CEMS, monitor uptime is calculated by dividing the number of valid CEMS hours by the number of source operating hours for the same time period.

6. General Record keeping Requirements. Any owner or operator subject to the requirements of this Chapter shall maintain records of emission measurements, CEMS performance testing measurements, performance evaluations, calibration checks, and adjustments and maintenance performance on each CEMS and any other records required pursuant to 40 CFR Part 51, Appendix P. Such records shall be maintained on site for at least six (6) years and must be made available to the Department and EPA upon written or verbal request.

7. Quarterly Reporting Requirements

A. If no excess emissions have occurred and the CEMS have not been inoperative, repaired, or adjusted, such information shall be provided in a quarterly report.

B. Exceedance, Out-of-Control and Non-Operational Period Reporting. All sources required by state or federal requirements to install and operate a CEMS shall provide the Department with emission reports for opacity excess emissions, PM excess emissions and gaseous excess emissions on a quarterly basis within thirty (30) days of the end of each calendar quarter. These reports shall be in a format approved by the Department and shall include but not be limited to the following information:

(1) The name of the air contaminant emission standard exceeded;

(2) The air contaminant emission standard;

(3) The amount of air contaminant emitted in excess of the applicable emission standard expressed in the units of the standard;

(4) Date and time of commencement and completion of each time period of excess emission;

(5) Specific cause of the excess emission and the corrective action taken;

(6) Date and times of each period where the CEMS was either not operational or was out-of- control and the total percentage of time that this represents over the quarter relative to the emissions unit operating time during the quarter; and

(7) Specific cause of each out-of-control or nonoperational period for each CEMS, and the corrective action taken.

8. Compliance/Enforcement Determinations

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A. CEMS data showing an excess of any applicable emission limit shall be evidence that the source has exceeded the limit. The source has the burden of demonstrating that any data is inaccurate.

B. Failure of a CEMS to provide accurate data for all periods in which the CEMS is required to be operated under this Chapter, shall constitute a violation.

C. The Department may use CEMS data for compliance determinations, enforcement actions, emissions inventory, and associated air emissions licensing issues.

9. Compliance Schedule

A. New Sources. The owner or operator of a new source with applicable requirements under this Chapter shall become compliant with this Chapter within 60 days of achieving maximum load or within 180 days of initial startup, whichever comes first. All audit and test results shall be submitted within 30 days following the audit/test unless prior approval is obtained by the Department and EPA.

B. Existing Sources. For all other existing CEMS previously required by federal regulation, air emission license condition or consent agreement, an owner or operator subject to the requirements of this Chapter shall be in compliance with all of its applicable provisions within 60 days following the effective date of this regulation.

10. Legal Authority. This rule is authorized and adopted under 38 M.R.S.A. §§ 585 and 585-A. Portions of this rule refer to the Code of Federal Regulations. Unless otherwise specified, the federal regulations references are those final regulations adopted as of July 1, 2010. The Code of Federal Regulations is available at http://www.gpoaccess.gov/cfr/index.html .

STATUTORY AUTHORITY: Title 38 M.R.S.A. §§ 590, 585-A

RECEIVED (NEW): August 4, 1988, filing 88-266 (under the title “Source Surveillance”) (Note: stored in Maine State Archives)

RECEIVED (AMENDED): October 20, 1989, filing 89-436 (Note: stored in Maine State Archives)

AMENDED: May 9, 1994, filing 94-188

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996

REPEALED AND REPLACED: May 18, 2011, filing 2011-146 (under the title “Source Surveillance – Emissions Monitoring”)

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Chapter 121: EMISSION LIMITATIONS AND EMISSION TESTING OF RESOURCE RECOVERY FACILITIES

SUMMARY: This regulation establishes stack emission limitations, operating practices, compliance and performance testing, and reporting and record keeping requirements for resource recovery facilities.

1. Scope and Applicability. This regulation shall be applicable in all ambient air quality control regions in the State of Maine and shall apply to all new, existing, and modified resource recovery facilities.

2. Effective Date. This regulation shall be effective immediately.

3. Incorporation by Reference

As indicated in this Chapter, portions of federal regulations codified at 40 CFR Part 60 Subparts A, B, Cb, Eb and BBBB as amended through July 1, 2006 have been incorporated by reference. (Note: This includes 40 CFR Part 60:

Subpart A General Provisions; Subpart B Adoption and Submittal of State Plans for Designated Facilities; Subpart Cb Emission Guidelines and Compliance Times for Large Municipal Waste Combustors constructed on or before September 20, 1994; Subpart Eb Standards of Performance for Large Municipal Waste Combustors for which construction commenced after September 20, 1994 or for which modification or reconstruction commenced after June 19, 1996; Subpart BBBB Emission Guidelines and Compliance Times for Small Municipal Waste Combustion units constructed on or before August 30, 1999.)

4. Definitions

A. Class I Unit. “Class I Units” means small municipal waste combustion units with aggregate plant combustion capacity greater than 250 tons per day of municipal solid waste.

B. Class II Unit. “Class II Units” means small municipal waste combustion units with aggregate plant combustion capacity no more than 250 tons per day of municipal solid waste.

C. Commercial Operation. "Commercial operation" means the time, not to exceed 180 days after initial startup, after which the emission unit achieves operation at the maximum production rate at which it will be operated.

D. Dioxin/furan. “Dioxin/furan means tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans, (PCDDs and PCDFs).

E. Large Municipal waste combustor unit. “Large Municipal waste combustor unit” means a municipal waste combustor unit with a municipal waste combustor unit capacity for affected units that is greater than 250 tons per day of municipal solid waste. DRAFT

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F. Resource Recovery Facility. "Resource recovery facility" means any building, structure, or installation where municipal wastes are incinerated to produce usable energy.

G. The definitions contained in and referred to in 40 CFR Part 60 Subparts Cb, Eb and BBBB are hereby incorporated by reference.

5. Large Municipal Waste Combustor Units Subject to 40 CFR Part 60 Subpart Cb

For all Large municipal waste combustor units for which construction is commenced on or before September 20, 1994 and for all designated units as set forth in 40 CFR Part 60 Subpart Cb the following shall apply:

A. Emission Limiting Standards. As set forth in 40 CFR Part 60 Subpart Cb, the emissions limits are hereby adopted and incorporated by reference except where the state may have established more stringent standards as specified in this subsection.

An owner or operator may request that compliance with the following applicable emission standards be determined using carbon dioxide measurements corrected to an equivalent of seven (7) percent oxygen, determined in accordance with 40 CFR Part 60 Subpart Eb.

(1) Particulate Matter. The emission limit for particulate matter contained in the gases discharged to the atmosphere from a designated unit is 25 milligrams per dry standard cubic meter, corrected to 7 percent oxygen.

(2) Opacity. The emission limit for opacity exhibited by the gases discharged to the atmosphere from a designated unit is 10 percent (6-minute average).

(3) Cadmium and Lead. The emission limit for cadmium contained in the gases discharged to the atmosphere from a designated unit is 0.035 milligrams per dry standard cubic meter, corrected to 7 percent oxygen. The emission limit for lead contained in the gases discharged to the atmosphere from a designated unit is 0.40 milligrams per dry standard cubic meter, corrected to 7 percent oxygen.

(4) Mercury. The emission limit for mercury contained in the gases discharged to the atmosphere from a designated unit is 28 micrograms per dry standard cubic meter (ug/dscm), corrected to 7 percent oxygen or 15 percent of the potential mercury emission concentration (85-percent reduction by weight), corrected to 7 percent oxygen (dry basis), whichever is less stringent.

(5) Sulfur Dioxide. The emission limit for sulfur dioxide contained in the gases discharged to the atmosphere from a designated unit is 29 parts per million by volume or 20 percent of the potential sulfur dioxide emission concentration (80-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance with this emission limit is based on a 24-hour daily geometric mean.

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(6) Hydrogen Chloride. The emission limit for hydrogen chloride contained in the gases discharged to the atmosphere from a designated unit is 29 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent.

(7) Dioxin/Furans. The emission limits for dioxin/furans contained in the gases discharged to the atmosphere from a designated unit shall be the following:

(i) The emission limit for designated units that employ an electrostatic precipitator-based emission control system is 25 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen.

(ii) The emission limit for designated units that do not employ an electrostatic precipitator- based emission control system is 25 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen.

(8) Nitrogen Oxides. The emission limits for nitrogen oxides shall be the limits specified in Table 1 of 40 CFR Part 60 Subpart Cb. The averaging provisions specified in 40 CFR Part 60 Subpart Cb shall apply.

(9) Carbon Monoxide. The emission limits for carbon monoxide shall be the limits specified in Table 3 of 40 CFR Part 60 Subpart Cb.

(10) Fugitive Ash Visible Emissions. No owner or operator of a resource recovery facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points and buildings or enclosures of ash conveying systems and storage areas) in excess of 5 percent of the observation period (i.e., 9 minutes in any 3-hour period), as determined by EPA Reference Method 22 in 40 CFR 60, Appendix A. The provisions specified in this section do not apply during maintenance and repair of ash conveying systems.

(11) Greenhouse Gas. The emission limits for greenhouse gases, or carbon dioxide equivalents (CO2e) shall be the limits specified in 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards.

B. Operating Practices. The operating practices applicable to each large municipal waste combustor unit shall be the operating practices specified in 40 CFR Part 60 Subpart Eb.

C. Operator Training. The operator training and certification requirements of 40 CFR Subpart Eb shall apply to all facilities with large municipal waste combustor units. Compliance with these requirements shall be conducted according to the schedule specified in 40 CFR Subpart Cb.

D. Compliance and Performance Testing Requirements. The compliance and performance testing requirements applicable to each large municipal waste combustor unit set forth in 40 CFR

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Subpart Eb except as provided for under 40 CFR Subpart B are hereby adopted and incorporated by reference.

(1) When effluents from two or more affected units subject to the same standard are combined and exhausted through a common stack, the owner or operator may install a CEMS on each effluent or on the combined effluent. If the owner or operator elects to use one CEMS in a common stack, and the CEMS measures an exceedance of the emission standard, then the CEMS data shall represent an exceedance from each affected units, unless the owner or operator can demonstrate to the satisfaction of the Department that the excess emission did not occur from one of the affected units.

(2) When effluents from two or more affected units subject to the same standard are combined and exhausted through a common stack, the owner or operator may conduct performance testing on each effluent or on the combined effluent. If the owner or operator elects to conduct performance testing in a common stack, and the performance test measures an exceedance of the emission standard, then the performance test data shall represent an exceedance from each affected unit, unless the owner or operator can demonstrate to the satisfaction of the Department that the excess emission did not occur from one of the affected units.

(a) For those affected units exhausting through a common stack and conducting a performance test for particulate matter, hydrogen chloride, lead, cadmium, mercury, and dioxins/furans, the following criteria shall be met in order to conduct performance testing in the common stack on the combined effluent: all affected units and emission controls shall be identical, units shall combust waste from the same waste stream, all affected units shall operate at the same unit load capacity during the performance test, and common stack testing shall be permitted only when the common stack test results measure below 50% of the emission limits in Section 5.A except for mercury. When conducting a performance test for mercury in the common stack, the stack test results when measured on a concentration basis (ug/dscm) shall not exceed the emission limit in Section 5.A When subsequent unit testing [or alternate demonstration] for any pollutant demonstrates compliance with the emission limits in Section 5(A), the facility may resume performance testing in the common stack.

(3) The alternative performance testing schedule for dioxins/furans specified in 40 CFR Part 60 Subpart Eb shall apply to large municipal waste combustor units where the performance tests for all affected units over a two-year period achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter total mass, corrected to 7 percent oxygen.

(4) Initial Performance Test. Except for facilities where a retrofit was not required, which have conducted performance testing in accordance with the performance test methods specified in 40 CFR Part 60 Subpart Eb, under similar operating conditions, within 12 months prior to the final compliance date; performance tests, as specified under 40 CFR Part 60 Subpart A, shall be completed no later than 180 days after the final compliance date for the affected facility.

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(5) In addition to the performance testing required in 40 CFR 60 Cb, large municipal waste combustor units shall conduct performance testing for the following metals:

Emissions testing for arsenic, nickel, chromium, and beryllium shall be conducted using EPA Method 29 (40 CFR, Part 60, Appendix A); or in any other manner as approved by the Commissioner. Testing shall be conducted according to a testing schedule as approved by the Commissioner. In no case shall the interval between testing exceed three years.

E. Reporting, Record Keeping, and Compliance Schedules

(1) Emissions Test Report Requirements. The reporting and record keeping requirements applicable to each large municipal waste combustor unit subject to this Chapter, shall be the requirements as set forth in 40 CFR 60 Subpart A, except for the siting requirements under 40 CFR 60 Subpart Eb, and except for the following:

(a) All applicable reports required to be submitted under 40 CFR 60 Subpart Eb shall be submitted to the Department on a quarterly basis within (30) days of the last date of the reporting period.

(b) All performance test reports shall be submitted to the Department within sixty (60) days from the date of test completion, If despite best efforts, test results are not available within the (60) day period, the facility may request the Department's approval for an extended reporting deadline for such test results. Any such extension granted by the Department shall not exceed seventy-five (75) days from the date of test completion.

(2) Schedule for Compliance

All large municipal waste combustor units shall comply with the compliance schedule specified 40 CFR 60 Subpart Cb.

(a) Final compliance with the emission limitation requirements of Section 5(A) of this Chapter shall be achieved or ceasing of operation shall occur by May 10, 2008.

(b) The owners or operators of facilities for which 40 CFR Part 60 Subpart Cb applies, that cannot achieve compliance by that date, shall submit a closure agreement to the Department no later than May 6, 2008.

(3) Any municipal waste combustor plant which contains a large municipal waste combustor unit subject to Chapter 121 is subject to the licensing requirements of Chapter 140. Any municipal waste combustor plant subject to licensing solely because it is subject to Chapter 121, shall file an application for an operation license under the requirements of Chapter 140 as specified in Chapter 140, Appendix C.

6. Large Municipal Waste Combustor Units Subject to 40 CFR Part 60 Subpart Eb. For all resource recovery facilities defined as large municipal waste combustors for which construction is

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commenced after September 20, 1994, or for which modification or reconstruction is commenced after June 19, 1996, the following shall apply:

A. Emission limitations and other requirements as specified in 40 CFR Part 60 Subpart Eb; and for,

Dioxin/Furans. The emission limits for dioxin/furans contained in the gases discharged to the atmosphere from a designated unit shall be the following:

(iii) For any unit constructed, reconstructed or modified after September 20, 1994, the emission limit shall be 13 nanograms per dry standards cubic meter (total mass), corrected to 7 percent oxygen.

B. Performance Testing Requirements

Testing during the first two (2) years, following 180 days after initial startup of facility operations, must be conducted at least once in every 6-month period, with a minimum of three months between performance tests.

(1) In addition to the performance testing required in 40 CFR 60 Subpart Eb, large municipal waste combustor units shall conduct performance testing for the following metals:

(a) Emissions testing for arsenic, nickel, chromium, and beryllium shall be conducted using EPA Method 29 (40 CFR, Part 60, Appendix A); or in any other manner as approved by the Commissioner. Testing shall be conducted according to a testing schedule as approved by the Commissioner. In no case shall the interval between testing exceed three years.

C. Reporting and Record Keeping Requirements

All applicable reports required to be submitted under 40 CFR Part 60 Subpart Eb shall be submitted to the Department on a quarterly basis within (30) days of the last date of the reporting period.

D. (1) All emission and performance test reports shall be submitted to the Department within sixty (60) days from the date of test completion. If despite best efforts, test results are not available within the sixty (60) day period, the facility may request the Department's approval for an

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extended reporting deadline for such test results. Any such extension granted by the Department shall not exceed (75) days from the date of test completion.

7. Small Municipal Waste Combustor Class I or Class II Units

For all resource recovery facilities, either Class I or Class II units, , the following shall apply (except for periods of startup, shutdown and malfunction) per 40 CFR Part 60 Subpart BBBB:

A. Emission Limiting Standards. An owner or operator may request that compliance with the following applicable emission standards be determined using carbon dioxide measurements corrected to an equivalent of seven (7) percent oxygen.

(1) Particulate Matter

(a) For Class I units, emission limits for particulate matter are specified in Tables 2 and 3 of 40 CFR 60 Subpart BBBB.

(b) For Class II units, the emission limit for particulate matter contained in the gases discharged to the atmosphere is 23 milligrams per dry standard cubic meter, corrected to 7 percent oxygen. The averaging time is specified in Table 4 of 40 CFR 60 Subpart BBBB.

(2) Opacity

The emission limit for opacity exhibited by the gases discharged to the atmosphere from a resource recovery unit is 10 percent (6- minute average).

(3) Cadmium, Lead, Mercury, Nitrogen Oxides, and Dioxin/Furans

(a.) For Class I units these emission limits are specified in Tables 2 and 3 of 40 CFR 60 Subpart BBBB.

For Class II units, the emission limits in the gases discharged to the atmosphere are as follows:

i. Cadmium 30 micrograms per dry standard cubic meter (dscm);

ii. Lead 660 micrograms per dry standard cubic meter;

iii. Mercury 28 micrograms per dry standard cubic meter or 15 percent of the potential mercury emission concentration (85-percent reduction by weight), corrected to 7 percent oxygen (dry basis), whichever is less stringent;

iv. Nitrogen Oxides 315-330 parts per million by volume.

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v. These emission limits are all corrected to 7 percent oxygen.

(b) Dioxin/Furans. The emission limits for dioxin/furans contained in the gases discharged to the atmosphere from a designated unit shall be the following:

(ii) The emission limit for designated units that do not employ an electrostatic precipitator-based emission control system is 25 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen.

(4) Sulfur Dioxide

The emission limit for sulfur dioxide contained in the gases discharged to the atmosphere from a Class I or a Class II resource recovery facility is 30 parts per million by volume or 20 percent of the potential sulfur dioxide emission concentration (80-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance with this emission limit is based on a 24-hour daily geometric mean.

(5) Hydrogen Chloride

The emission limit for hydrogen chloride contained in the gases discharged to the atmosphere from a Class I or a Class II resource recovery facility is 25 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95-percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent.

(6) Carbon Monoxide

The emission limitation for carbon monoxide, as measured at a location upstream of the control device, shall not exceed 100 parts per million (ppm) as an 8-hr running average corrected to 7 percent oxygen.

(7) Fugitive Ash Visible emissions

No owner or operator of a resource recovery facility shall cause to be discharged to the atmosphere visible emissions of combustion ash from an ash conveying system (including conveyor transfer points and buildings or enclosures of ash conveying systems and storage areas) in excess of 5 percent of the observation period (i.e., 9 minutes in any 3-hour period), as determined by EPA Reference Method 22 in 40 CFR 60, Appendix A. The provisions specified in this section do not apply during maintenance and repair of ash conveying systems.

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B. Operating Practices

The operating practices for Class I and Class II waste combustion units are specified in 40 CFR Part 60, Subpart BBBB.

C. Operator Training

Operator training and certification requirements of 40 CFR Part 60, Subpart BBBB shall apply to all facilities with Class I or Class II municipal waste combustor units.

D. Compliance and Performance Testing. The owner or operator of any applicable resource recovery facility shall prepare and submit to the Commissioner for approval, a plan for performing tests required under this regulation. Such plans shall include, but is not limited to, sampling locations, test methods, sample analysis procedures, and quality assurance procedures. For any resource recovery facility which is issued an approved air emission license after the effective date of this regulation, the plan must be submitted ninety (90) days prior to the facility's start up.

(1) Emission Testing Schedule. Testing required pursuant to this section shall be conducted in accordance with the following schedule:

(a) Testing during the first two (2) years of operation must be conducted at least once in every 6-month period, with a minimum of three months between performance tests. The two year test period shall begin upon the Department's determination that the facility has begun commercial operation. Selection of the testing schedule is subject to Commissioner approval.

(b) After the first two (2) years of operation, a test every twelve months is required, which shall be performed during the season designated by the Commissioner as reflective of worst performance after reviewing the first two years of data. Five (5) years from the date of commencement of commercial operation of the resource recovery facility the Commissioner shall determine, based on previous analyses, the frequency of further testing required pursuant to this subsection. In no case shall the interval between tests exceed three (3) years.

(c) Any alternative stack testing schedule must be submitted to the Department for preapproval and must meet the requirements of 40 CFR, Part 60 Subpart BBBB.

(2) Emission Testing. The owner or operator of any applicable resource recovery facility shall conduct the following emission tests (All performance tests shall consist of three test runs):

(a) Oxygen (or Carbon Dioxide). Emissions testing for oxygen (or carbon dioxide) shall be conducted using EPA Method 3A or 3B (40 CFR, Part 60, Appendix A) or in any other manner as approved by the Commissioner.

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(b) Dioxin/ Furans. Emissions testing for dioxin/ furans emissions shall be conducted using EPA Method 23 (40 CFR, Part 60, Appendix A) or in any other manner as approved by the Commissioner.

(c) Hydrogen Chloride. Emissions testing for hydrogen chloride shall be conducted using EPA Method 26 (40 CFR, Part 60, Appendix A) or in any other manner as approved by the Commissioner.

(d) Particulate Matter. Emissions testing for particulate matter shall be conducted using EPA Method 5 (40 CFR, Part 60, Appendix A) or in any other manner as approved by the Commissioner.

(e) Metals. Emissions testing for lead, cadmium, arsenic, nickel, mercury, beryllium, and chromium shall be conducted using EPA Method 29 (CFR 40, Part 60, Appendix A) or in any other manner as approved by the Commissioner.

(3) Continuous Emissions Monitoring. Resource recovery facilities applicable to this section must install and operate instruments acceptable to the Commissioner for continuously monitoring carbon monoxide (CO) emissions, sulfur dioxide emissions (SO2), and opacity. Continuous emissions monitoring instrumentation shall meet the requirements in 40 CFR, Part 60, Appendix B and F or as approved by the Commissioner.

C. Reporting and Record Keeping

(1) When continuous emission monitoring (CEM) or continuous opacity monitoring (COM) indicates that the limits in Section 7(A) have been exceeded, the licensee shall document in writing the probable cause(s) for each exceeded emission limit and the corrective action taken after each exceeded emission limit in accordance with Chapter 117 Section 7. Continuous emissions monitoring data is to be retained by the owner or operator of the resource recovery facility for a minimum of six years.

(2) All applicable reports shall be submitted to the Department on a quarterly basis within (30) days of the last date of the reporting period, in accordance with Chapter 117 Section 7.

(3) All emission and performance test reports shall be submitted to the Department within sixty (60) days from the date of test completion. If despite best efforts, test results are not available within the sixty (60) day period, the facility may request the Department's approval for an extended reporting deadline for such test results. Any such extension granted by the Department shall not exceed (75) days from the date of test completion.(4) All records and reports required by 40 CFR 60 Subpart BBBB shall be submitted as specified by that subsection and by the facility's air emission license or upon request of the Department.

8. General Requirements for Large and Small Resource Recovery Facilities. The following section shall be applicable to all resource recovery facilities including large municipal waste combustor units:

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A. The owner or operator of the resource recovery facility or his representative shall submit to the Department within 60 days of emission test completion the following information:

(1) Facility Operating Status. A summary of facility process data shall be included in the resource recovery facility emission test report including:

(a) Load Level of waste expressed as

(i) the rate of steam production,

(ii) the percentage of the design capacity steam production,

(b) When requested by the Commissioner, comprehensive data reflecting and documenting the composition of the refuse (fuel);

(d) Percent excess air;

(e) Air pollution control device parameters;

(f) If a soot blowing episode(s) was included in the sampling period, its duration; and

(g) Facility status prior to test, i.e. "cold" start or continuing operation.

(2) Pollutant Emission Data. For each pollutant tested, the report shall include, in tabular form, the value(s) measured for each run as well as the mean of the three (or more) replicate tests.

(3) Combustion Process Data. The report shall include, in tabular form, a summary of data relating to the overall combustion and air pollution control device(s) performance. This data shall include for each test run:

(a) stack temperature;

(b) stack gas % moisture;

3 (d) stack gas flow rate (m /sec); and

(e) concentrations of combustion gases and acid gases.

(4) License Conditions. The report should include a tabular summary of the emission limitations as required on the facility as air emission license conditions.

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B. Public and Local Participation. A copy of emission test plans (protocols) and reports required to be submitted to the Commissioner under provisions of this regulation shall also be sent to the municipal officers, or their designees, of the municipality within which the facility is located or, in the case of a facility located within an unorganized territory or plantation, the county commissioners or their designees.

The municipal officers, or their designees, of the municipality within which the resource recovery facility is located, or in the case of a facility located within an unorganized territory or plantation the county commissioners, are to be paid by the applicant or permittee an amount not to exceed $1000 per test, to independently review any test protocol, test results and standards and assumptions used during the test.

C. Costs. The entire costs of these tests shall be borne by the licensee, including costs incurred by the Department to perform test observations to insure the quality of the data collected. These costs shall be included in any license fee for new applications, and will be billed retroactively for existing licensed facilities.

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STATUTORY AUTHORITY: 38 M.R.S.A. §§ 585, 585-B & 590

EFFECTIVE DATE: March 21, 1989

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996

REPEALED AND REPLACED: April 7, 1998

NON-SUBSTANTIVE CORRECTIONS: June 18, 1998 - formatting only.

AMENDED: November 41, 2007 – filing 2007-486

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BASIS STATEMENT

This rule was established to protect public health by determining through scheduled stack tests the levels of dioxin and heavy metals from resource recovery facilities. In addition to the Basis Statement above, the Department has filed with the Secretary of State the response to representative comments received during the comment period.

BASIS STATEMENT FOR AMENDMENT: March 11, 1998

This amendment replaces the previous Chapter 121. Section 129 of the Clean Air Act (CAA) of 1990 directs the Environmental Protection Agency (EPA) to develop emission guidelines to control air pollutant emissions from solid waste combustion, which includes Municipal Waste Combustor (MWC) units. Those guidelines set standards requiring reductions in emissions of toxic air pollutants.

Section 111(d) of the CAA establishes procedures for states that must submit State Plans for implementing the Emission Guidelines which are incorporated in Maine's 111(d) MWC State Plan for Large Facilities. The CAA requires states to adopt a Municipal Waste Combustor (MWC) 111(d)/129 plan for Large Facilities that incorporate the requirements established by the EPA. This is accomplished by setting performance standards, work practice standards or emission limitations based on controls and practices for each regulated industry.

The repeal and replacement of Chapter 121 incorporates those federal standards by reference as well as streamlines the old requirements from the state regulation adopted in 1989. In addition, because of the high level of public concern about mercury emissions in the environment and the associated public health risk, Chapter 121 creates a more stringent state standard for mercury.

(APA Office Note: The paper filing of the April 7, 1998 Repeal/Replace includes as an Appendix A, a document entitled State of Maine, 111(D) Municipal Waste Combustor (MWC) State Plan for Large Facilities, prepared by the Maine Department of Environmental Protection, Licensing and Technical

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Services Division, dated March 11, 1998. It also includes copies of the CFR documents referenced in the rule chapter.)

BASIS STATEMENT FOR AMENDMENT: November 1, 2007

On May 10, 2006, the Environmental Protection Agency (EPA) amended the Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors. The Clean Air Act requires EPA to review these standards and guidelines every 5 years. EPA conducted the review in accordance with CAA section 129 and section 111 requirements, with standards revised as necessary. For existing Municipal Waste Combustors (MWC), EPA amended the standards to reflect the actual performance levels achieved by existing MWC. EPA lowered its emission limits for dioxin, cadmium, lead, mercury and particulate matter. The Maine DEP updated the emission standards listed in Chapter 121 to be at least as stringent as the standards in the amended EPA regulation. In addition, because of the high level of public concern about mercury and dioxin emissions in the environment and the associated public health risk, Chapter 121 contains more stringent standards for mercury and dioxin.

The amendments to the federal MWC regulation require the state to revise and resubmit the State Plan for implementing the emission guidelines which are incorporated in Maine’s 111(d) MWC State Plan for Large Facilities.

The revision to the state plan also included the addition of the New Source Performance Standards for New Small Municipal Waste Combustion Units and Emission Guidelines for Small Municipal Waste Combustion Units which EPA promulgated on December 6, 2000. The State of Maine implementation plan was revised to include performance standards and guidelines for both large and small Municipal Waste Combustors.

The small MWC section of Chapter 121 was reformatted to be consistent with the format used for the large MWC section of Chapter 121. It includes more stringent emission standards for small MWC units. These more stringent standards reflect the license limitations already being achieved by the state’s only small MWC.

(APA Office Note: The paper filing of the November 14, 2007 amendment includes as an Appendix A, a document entitled State of Maine, 111(D) Municipal Waste Combustor (MWC) State Plan for Large and Small (Class I and II) Facilities, prepared by the Maine Department of Environmental Protection, Technical Services Division, dated June, 2007. It also includes a CD containing copies of the CFR documents referenced in the rule chapter.)

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Chapter 137: EMISSION STATEMENTS

SUMMARY: This regulation establishes requirements for the reporting of pollutant emissions from stationary sources of air pollution.

1. Applicability

A. This regulation applies statewide.

B. This regulation applies to all stationary sources which are licensed to emit into the ambient air, pursuant to 06-096 CMR 115, “Major and Minor Source Air Emission License Regulations” or 06-096 CMR 140, “Part 70 Air Emission License Regulations,” any of the following air pollutants at or above the minimum required reporting level:

Criteria Air Pollutants Minimum Reporting Threshold

(1) Carbon monoxide (CO) 75 tpy (2) Sulfur dioxide (SO2) 40 tpy (3) Volatile organic compounds (VOC) 25 tpy (4) Nitrogen oxides (NOx) (in NO2 equivalents) 25 tpy (5) Fine Particulate Matter (PM10) 15 tpy (6) Fine Particulate Matter (PM2.5) 15 tpy (7) Lead (Pb) 0.1 tpy (8) Ammonia (NH3) 50 tpy

C. This regulation applies to those stationary sources required to report their emissions pursuant to Section 1(B) of this Chapter, or are subject to emission standards under 06-096 C.M.R. ch. 167. Greenhouse Gas Emission Standards, and that emit any of the following greenhouse gases:

(1) Carbon dioxide (CO2) (2) Methane (CH4) (3) Nitrous oxide (N2O) (4) Hydrofluorocarbons (HFCs) (5) Perfluorocarbons (PFCs) (6) Sulfur hexafluoride (SF6) (7) Any carbon dioxide equivalents (CO2e) regulated under 06-096 C.M.R. ch. 167. Greenhouse Gas Emission Standards.

D. If a stationary source is licensed to emit any one pollutant as specified in Section 1(B) at or above the minimum required reporting level, the data for all pollutants listed in Section 1(B) and 1(C) must be collected and reported.

E. This regulation applies to these additional stationary sources of greenhouse gases:

DRAFT (1) all electrical power transmission and distribution plants that emit any amount of sulfur hexafluoride (SF6); and

(2) all greenhouse gas manufacturing facilities that emit any amount of greenhouse gases.

F. This regulation applies to those stationary sources required to report their emissions pursuant to Section 1(B) of this Chapter and which:

(1) emit to the air a hazardous air pollutant at or above the applicable reporting threshold listed in Appendix A; or

(2) where actual emissions are not known, either use, process, or manufacture any hazardous air pollutant at or above the reporting threshold listed in Appendix A. For the purposes of this subsection, “manufacture” includes any hazardous air pollutant coincidentally manufactured, such as byproducts of a process or compounds resulting from combustion.

2. Definitions. The following terms are defined for use in this Chapter:

A. Criteria air pollutant (CAP). “Criteria air pollutant (CAP)” means one of the following pollutants: carbon monoxide; sulfur dioxide; volatile organic compounds; nitrogen oxides; fine particulate matter; lead and ammonia.

B. Greenhouse gas (GHG). “Greenhouse gas (GHG)” means one of the following gases: carbon dioxide (CO2), methane (CH4), nitrous oxide (N2O), sulfur hexafluoride (SF6), or any gases classified as hydrofluorocarbons (HFCs) or perfluorocarbons (PFCs). other gas subject to emission standards under 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards.

C. Greenhouse gas manufacturing facility. “Greenhouse gas manufacturing facility” means a facility that intentionally produces a greenhouse gas for use as a raw material in the manufacturing process or for sale. This term does not include compounds that are coincidentally manufactured, such as byproducts of a process or combustion.

D. Hazardous air pollutant (HAP). “Hazardous air pollutant (HAP)” means those pollutants listed in Appendix A of this Chapter.

E. Hydrofluorocarbons (HFCs). “Hydrofluorocarbons (HFCs)” means those pollutants listed in Appendix B of this Chapter.

F. Perfluorocarbons (PFCs). “Perfluorocarbons (PFCs)” means those pollutants listed in Appendix B of this Chapter.

G. Process Unit. “Process Unit” means any combination of equipment or operation and material or fuel which emits pollutants or greenhouse gases.

H. Tons per year (tpy). “Tons per year (tpy)” means tons per year of actual emissions.

I. Transmission and Distribution Plant. “Transmission and Distribution Plant” means all real estate, fixtures and personal property owned, controlled, operated or managed in connection

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DRAFT with or to facilitate the transmission, distribution or delivery of electricity for light, heat or power for public use and includes all conduits, ducts and other devices, material, apparatus and property for containing, holding or carrying conductors used, or to be used, for the transmission or distribution of light, heat or power for public use.

3. Requirements

A. Criteria Air Pollutant Emission Statements. The owner or operator of any facility meeting the applicability requirements in Section 1(B) must file an emission statement with the Department on an annual basis for those criteria air pollutants listed in Section 1(B) of this Chapter.

(1) For those pollutants listed in Section 1(B), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license.

(2) De minimus emissions need not be reported. For criteria pollutants, de minimus emissions means those emissions, when aggregated on a facility basis, are less than one percent (1%) of the minimum reporting threshold in Section 1(B).

B. Greenhouse Gas Emission Statements. The owner or operator of any facility meeting the applicability requirements in Sections 1(D) or (E) shall must file an emission statement with the Department on an annual basis for those greenhouse gases described in Section 1(C) of this Chapter, or otherwise subject to emission standards under 06-096 C.M.R. ch. 167 Greenhouse Gas Emisison Standards.

(1) For those greenhouse gases described in Section 1(C), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license, with the exception of fugitive emissions of HFCs, PFCs and SF6 greater than the de minimis reporting level.

(2) De minimus emissions need not be reported. For greenhouse gases, de minimus emissions means those emissions, when aggregated on a facility basis, that are less than one ton of carbon dioxide equivalents (CO2e), when calculated using the global warming potentials listed in Appendix B.

C. Hazardous Air Pollutant Emission Statements. The owner or operator of any facility meeting the applicability requirements in Sections 1(B) and 1(F) must file an emission statement with the Department every three years, starting with data of emissions from calendar year 2008 for those hazardous air pollutants subject to reporting in Section 1(F).

(1) For hazardous air pollutants subject to reporting in Section 1(F), the emission statement shall be limited to emissions from only equipment and processes required to be included in and described in their air emission license.

(2) The emissions statement must include all hazardous air pollutant, which when taken in aggregate at the facility, exceed the reporting threshold in Appendix A.

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DRAFT (3) Notwithstanding subsection 3(C)(2) and the reporting thresholds in Appendix A, emissions of the following hazardous air pollutants must be reported for all fuel burning or combustion equipment required to be included and described in the air emission license:

(a) acetaldehyde; (b) acrolein; (c) arsenic and arsenic compounds; (d) benzene; (e) cadmium and cadmium compounds; (f) chromium and chromium compounds - For the purposes of reporting chromium and chromium compounds, the owner or operators of the facility may report the total emissions for all chromium compounds or the emissions of hexavalent and trivalent chromium individually, however, not both the compounds and the metal in its oxidized forms; (g) cobalt and cobalt compounds; (h) dioxins – For the purposes of reporting dioxin and dioxin-like compounds, if the total toxicity equivalents of dioxin and dioxin-like compounds is over the 0.0002 pound threshold, the owner or operator of the facility must report the quantities of the individual dioxin isomers and dioxin-like compounds; (i) formaldehyde; (j) manganese and manganese compounds; (k) mercury and mercury compounds; (l) nickel and nickel compounds; and (m) polycyclic organic matter – For the purposes of reporting polycyclic organic matter, a owner or operator of a facility may report the sum total of polycyclic organic matter emissions or the quantities of the individual components of the polycyclic organic matter group, however, not both.

NOTE: This list of thirteen hazardous air pollutants represents a subset of the Air Toxics Priority list, developed for the Department by the Maine Air Toxics Initiative.

(4) De minimus emissions need not be reported. For hazardous air pollutants, de minimus refers to those hazardous air pollutants that do not have to be counted towards the reporting threshold determination if they are present in a mixture below certain concentrations. Those concentrations are one percent (1%) for non-carcinogens and one- tenth of one percent (0.1%) for hazardous air pollutants which meet the OSHA carcinogen standard. There is no de minimus concentration for persistent bioaccumulative toxic (PBT) chemicals.

D. Emission statements required by subsections 3(A) through 3(C) must be filed with the Department no later than July 1 of the year following the inventory year. Beginning with inventory year 2009, emission statements required by subsections 3(A) through 3(C) must be filed with the Department no later than May 15 of the year following the inventory year.

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DRAFT NOTE: Beginning with the 2009 annual emissions inventory, the inventory submission deadline will move from July 1 to May 15. The 2009 annual emissions inventory must be reported no later than May 15, 2010.

4. Emission Statement. The owner or operator of a facility that is subject to reporting shall file, at a minimum, the following information in a format prescribed by the Department.

A. Certification – A certification that the information contained in the statement is accurate and complete to the best knowledge of the facility’s responsible official or his/her designee. The certification shall include the full name, title, signature, date of signature, and telephone number of the responsible official or designee.

B. Inventory year – Calendar year for which emissions estimates are calculated.

C. Facility Identification Information

(1) State FIPS code – The Federal Information Placement System (FIPS) is the system of unique numeric codes the government developed to identify States, counties and parishes for the entire United States, Puerto Rico and Guam.

(2) County FIPS code – The Federal Information Placement System (FIPS) is the system of unique numeric codes the government developed to identify States, counties and parishes for the entire United States, Puerto Rico and Guam.

(3) Facility ID code – The unique code for a facility that is generated by the Department.

(4) Site Name – The name of the facility as it appears on its air emission license or if unlicensed, the name of the facility as identified by the Bureau of Taxation.

(5) Physical Address – The street address for the facility where emissions occur. This must be the E911 address, when available.

(6) Mailing Address of the facility.

(7) Contact name, telephone number and e-mail address for both a knowledgeable person who can answer questions regarding the emission statement and the responsible official for the organization transmitting the data.

(8) SIC/NAICS – The Standard Industrial Classification Code or North American Industry Classification System code which classifies business by products or services.

(9) Latitude and Longitude or Universal Transverse Mercator (UTM) coordinates of the facility and Method Accuracy Description Codes used to define the accuracy of the geographic data.

D. Emissions Information

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DRAFT (1) Pollutant Code – The unique code for each reported pollutant assigned by the U.S. Environmental Protection Agency or the Department.

(2) Control Status – An indication whether reported emissions are controlled or uncontrolled.

(3) Control Device Description(s) – The name and type of control device(s) , their individual capture and control efficiencies (percent), their operational status during the inventory period, and the total capture and control efficiency of all devices.

(4) Total Annual Activity/Throughput data – The total annual amount of a measurable factor or parameter that relates directly or indirectly to the emissions of an air pollution source. Depending on the type of source category, activity information may refer to the amount of fuel combusted, raw material processed, product manufactured, or material handled or processed.

(5) Annual Emissions – The actual emissions for a facility or process unit – measured or calculated that represent a calendar year. For fugitive (non-stack) emissions of greenhouse gases, emissions may be summed and reported, in aggregate, for the entire facility.

(6) Emission Factor – The ratio relating emissions of a specific pollutant to an activity or material throughput level. The source or basis for the emission factor must also be provided.

(7) Emission Calculation Method – A code for the method by which the emissions are calculated.

(8) Emission Operating Type Code – The code associated with the operating type of emissions being reported (routine, upset, or startup/shutdown).

(9) Estimation calculations with documentation supporting all input variables.

E. Operating Information

(1) Start time (hour) – The start time (if available) that was used to calculate the emissions estimates.

(2) Actual Hours –The actual number of hours the equipment or process unit is active or operating during the reporting period.

3) Average Hours Per Day – The hours per day that the emitting equipment or process unit operates, averaged over the inventory period.

(4) Average Days Per Week – The days per week that the emitting equipment or process unit operates, averaged over the inventory period.

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DRAFT

(6) Design Capacity – The measure of the size of a point source, based on the reported maximum continuous throughput or output capacity of the unit. For a boiler, design capacity is based on the reported maximum continuous steam flow, usually in units of million BTU per hour.

(1) Maximum Nameplate Capacity – The measure of the size of a generator which is put on the unit’s nameplate by the manufacturer. The data element is reported in megawatts or kilowatts.

(2) Unit Type Code – A code that identifies the type of emissions unit (e.g., 100=”Boiler”, etc.)

(3) Unit Operating Status Code – A code that identifies the operating status of the emissions unit (e.g., PS=”permanently shut down”).

(4) Unit Operating Status Date – The year in which the unit status is applicable. For units being reported in inventory for the first time, it will be the calendar year minus one.

F. Additional Activity/Throughput Data

(1) Activity/throughput (monthly) – The throughput on a monthly basis.

(2) Activity/Throughput (daily) – If applicable, an estimate of the daily average throughput, including the beginning and ending dates and times that define the emissions period used to estimate the daily activity rate/throughput.

(3) Spring Throughput (percent) – The part of throughput or activity for the three Spring months (March, April, and May) of the inventory period. It can be a percentage of the annual activity (e.g., out of 600 units produced per year, 180 are produced in spring = 30%) or a percentage of throughput (e.g., out of 1,000 gallons of fuel burned per year, 300 gallons are burned in the Spring quarter = 30%).

(4) Summer Throughput (percent) - The part of throughput or activity for the three Summer months (June, July and August) of the inventory period.

(5) Fall Throughput (percent) - The part of throughput or activity for the three Fall months (September, October, and November) of the inventory period.

(6) Winter Throughput (percent) – The part of throughput or activity for the three Winter months (December, January, and February) of the inventory period. all from the same calendar year.

G. Release Point Data

(1) Emission Release Point Type – A code for the physical configuration of the release point (e.g., stack, fugitive, etc.)

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DRAFT (2) Latitude and Longitude or Universal Transverse Mercator (UTM) coordinates of stack or release point and Method Accuracy Description Codes used to define the accuracy of the geographic data.

(3) Stack or Release Point Height – The height above the surrounding terrain.

(4) Stack or Release Point Diameter – The inner physical diameter.

(5) Exit Gas Temperature – The numeric value of an exit gas stream’s temperature.

(6) Exit Gas Flow Rate – The numeric value of an exit gas’s flow rate.

(7) Exit Gas Velocity – The numeric value of an exit gas stream’s velocity.

H. Fuel and Process Parameters

(1) SCC (Source classification code) – The process level code that describes the equipment or operation which is emitting pollutants.

(2) Fuel parameters

(a) Fuel type

(b) Fuel consumption (thousands of gallons of fuel oil, tons of coal or wood, etc.) - monthly and annually

(d) Sulfur Content (annual average of fuel) – The sulfur content of the fuel, expressed in percent.

(e) Ash Content (annual average of fuel) – The inert residual portion of the fuel, expressed in percent.

5. Emissions Estimation Approaches

Air emissions reported to the Department pursuant to this Chapter shall be quantified/estimated in the manner which most accurately reflects actual emissions in the order, as follows below. The Department retains the right to review reports, question the emission procedure used, and require use of an estimation procedure that the Department determines is more accurate.

A. For sources with specification CEMs/PEMs monitoring systems that are required by statute, regulation, or license condition, emission data generated by these systems shall serve as the basis for emissions reported pursuant to this Chapter;

B. For sources not subject to subsection 5(A) and for which reference method emission testing that has been deemed by the Department to be representative of current and normal operating

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DRAFT conditions, emission data from such testing shall serve as the basis for estimating emissions reported to the Department pursuant to this Chapter;

C. For sources not subject to subsection 5(A) or (B), emissions reported pursuant to this Chapter shall be estimated and reported on the basis of a facility-specific emission factor approved by the Department;

D. For sources not subject to subsection 5(A),(B) or (C), emissions reported pursuant to this Chapter shall be estimated and reported on the basis of EPA-published emission factors, where available;

E. For sources not subject to subsection 5(A),(B),(C) or (D), emissions reported pursuant to this Chapter shall be estimated and reported based on emissions factors from other industry and trade groups based on sound science, where available;

F. For sources not subject to subsection 5(A),(B),(C),(D) or (E), emissions reported pursuant to this Chapter shall be estimated and reported based on default emission factors published by the Department, where available; or

G. For sources not subject to subsection 5(A),(B),(C),(D),(E) or (F), emissions reported pursuant to this Chapter shall be estimated and reported based on best engineering judgement.

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AUTHORITY: 38 M.R.S.A., Section 585-A, 585-C, and 575

EFFECTIVE DATE: December 12, 1993 AMENDED: November, 2, 1997 MINOR CORRECTIONS: May 13, 1998 - formatting; last two Appendix pages. June 23, 1998 - correcting last two Appendix pages. AMENDED: July 6, 2004 - filing 2004-251 AMENDED: November 8, 2008 – filing 2008-528

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DRAFT APPENDIX A: HAZARDOUS AIR POLLUTANTS – REPORTING THRESHOLDS

CHAPTER 137 EMISSION STATEMENTS Reporting Reporting Threshold Threshold CAS Number Pollutant Code Hazardous Air Pollutant Name (lbs) (tons) 75-07-0 75070 Acetaldehyde 1,000 0.5 60-35-5 60355 Acetamide 1,000 0.5 75-05-8 75058 Acetonitrile 2,000 1 98-86-2 98862 Acetophenone 2,000 1 53-96-3 53963 2-Acetylaminofluorene 2,000 1 107-02-8 107028 Acrolein 10 0.005 79-06-1 79061 Acrylamide 200 0.1 79-10-7 79107 Acrylic Acid 200 0.1 107-13-1 107131 Acrylonitrile 1,000 0.5 107-05-1 107051 Allyl Chloride 200 0.1 92-67-1 92671 4-Aminobiphenyl 2,000 1 62-53-3 62533 Aniline 200 0.1 90-04-0 90040 o-Anisidine 200 0.1 92 Antimony & Antimony Compounds†† 200 0.1 93 Arsenic & Arsenic Compounds (Also 20 0.01 Inorganic Arsine) †† 1332-21-4 1332214 Asbestos 10 0.005 71-43-2 71432 Benzene 1,000 0.5 92-87-5 92875 Benzidine 10 0.005 98-07-7 98077 Benzotrichloride 20 0.01 100-44-7 100447 Benzyl Chloride 1,000 0.5 109 Beryllium & Beryllium Compounds†† 20 0.01 92-52-4 92524 Biphenyl 2,000 1 117-81-7 117817 Bis(2-Ethylhexyl) Phthalate 2,000 1 542-88-1 542881 Bis(Chloromethyl) Ether 10 0.005 75-25-2 75252 Bromoform 2,000 1 106-99-0 106990 1,3-Butadiene 200 0.1 125 Cadmium & Cadmium Compounds†† 10 0.005 156-62-7 156627 Calcium Cyanamide 1,000 0.5 133-06-2 133062 Captan 2,000 1 63-25-2 63252 Carbaryl 2,000 1 75-15-0 75150 Carbon Disulfide 2,000 1 56-23-5 52635 Carbon Tetrachloride 1,000 0.5 463-58-1 463581 Carbonyl Sulfide 1,000 0.5 120-80-9 120809 Catechol 2,000 1 133-90-4 133904 Chloramben 2,000 1 57-74-9 57749 Chlordane 10 0.005 7782-50-5 7782505 Chlorine 200 0.1 10049-04-4 10049044 Chlorine Dioxide 200 0.1 79-11-8 79118 Chloroacetic Acid 1,000 0.5 532-27-4 523374 2-Chloroacetophenone 10 0.005

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DRAFT Reporting Reporting Threshold Threshold CAS Number Pollutant Code Hazardous Air Pollutant Name (lbs) (tons) 108-90-7 108907 Chlorobenzene 2,000 1 510-15-6 510156 Chlorobenzilate 1,000 0.5 67-66-3 67663 Chloroform 1,000 0.5 107-30-2 107302 Chloromethyl Methyl Ether 200 0.1 126-99-8 126998 Chloroprene 200 0.1 16065-83-1 16065831 Chromium (III) (Trivalent Chromium) ††† ††† 18540-29-9 18540299 Chromium (VI) (Hexavalent Chromium) ††† ††† 136 Chromium & Chromium Compounds 10 0.005 (includes chromium metal and all oxidation states)†† 139 Cobalt & Cobalt Compounds†† 10 0.005 140 Coke Oven Emissions 200 0.1 95-48-7 95487 o-Cresol 2,000 1 108-39-4 108394 m-Cresol 2,000 1 106-44-5 106445 p-Cresol 1,000 0.5 1319-77-3 1319773 Cresols/Cresylic Acid 2,000 1 98-82-8 98828 Cumene 2,000 1 144 Cyanide & Cyanide Compounds†† 1,000 0.5 94-75-7 94757 2,4-Dichlorophenoxy Acetic Acid (salts and 2,000 1 esters) 334-88-3 334883 Diazomethane 2,000 1 132-64-9 132649 Dibenzofuran 2,000 1 96-12-8 96128 1,2-Dibromo-3-Chloropropane 20 0.01 84-74-2 84742 Dibutyl Phthalate 2,000 1 106-46-7 106467 1,4-Dichlorobenzene 2,000 1 91-94-1 91941 3,3'-Dichlorobenzidine 200 0.1 111-44-4 111444 Dichloroethyl Ether 2,000 1 542-75-6 542756 1,3-Dichloropropene 1,000 0.5 62-73-7 62737 Dichlorovos 200 0.1 111-42-2 111422 Diethanolamine 20 0.01 121-69-7 121697 N,N-Dimethylaniline 1,000 0.5 64-67-5 64675 Diethyl Sulfate 200 0.01 DIISCOMP Diisocynates 2,000 119-90-4 119904 3,3'-Dimethoxybenzidine 2,000 1 60-11-7 60117 4-Dimethylaminoazobenzene 200 0.1 119-93-7 119937 3,3'-Dimethylbenzidine 20 0.01 79-44-7 79447 Dimethylcarbamoyl Chloride 2,000 1 68-12-2 68122 N,N-Dimethylformamide 2,000 1 57-14-7 57147 1,1-Dimethyl Hydrazine 200 0.1 131-11-3 131113 Dimethyl Phthalate 1,000 0.5 77-78-1 77781 Dimethyl Sulfate 1,000 0.5 534-52-1 534521 4,6-Dinitro-o-Cresol 200 0.1 51-28-5 51285 2,4-Dinitrophenol 1,000 0.5 121-14-2 121142 2,4-Dinitrotoluene 1,000 0.5

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DRAFT Reporting Reporting Threshold Threshold CAS Number Pollutant Code Hazardous Air Pollutant Name (lbs) (tons) 123-91-1 123911 1,4-Dioxane (p-Dioxane) 2,000 1 600 Dioxin & Dioxin-like Compounds* 0.0002 1x10-7 122-66-7 122667 1,2-Diphenylhydrazine 200 0.1 106-89-8 106898 Epichlorohydrin 200 0.1 106-88-7 106887 1,2-Epoxybutane (1,2-Butylene oxide) 2,000 1 140-88-5 140885 Ethyl Acrylate 2,000 1 100-41-4 100414 Ethyl Benzene 2,000 1 51-79-6 51796 Ethyl Carbamate Chloride (Urethane) 200 0.1 75-00-3 75003 Ethyl Chloride (Chloroethane) 20,000 10 106-93-4 106934 Ethylene Dibromide (Dibromomethane) 10 0.005 107-06-2 107062 Ethylene Dichloride ( 1,2-Dichloroethane) 1,000 0.5 107-21-1 107211 Ethylene Glycol 2,000 1 151-56-4 151564 Ethyleneimine (Aziridine) 2,000 1 75-21-8 75218 Ethylene Oxide 200 0.1 96-45-7 96457 Ethylene Thiourea 200 0.1 75-34-3 75343 Ethylidene Dichloride 2,000 1 383 Fine Mineral Fibers 2,000 1 50-00-0 50000 Formaldehyde 1,000 0.5 171 Glycol Ethers†† 2,000 1 76-44-8 76448 Heptachlor 10 0.005 118-74-1 118741 Hexachlorobenzene 10 0.005 87-68-3 87683 Hexachlorobutadiene 200 0.1 77-47-4 77474 Hexachlorocyclopentadiene 200 0.1 67-72-1 67721 Hexachloroethane 1,000 0.5 822-06-0 822060 Hexamethylene Diisocynate 20 0.001 680-31-9 680319 Hexamethylphosphoramide 2,000 1 110-54-3 110543 Hexane 2,000 1 302-01-2 302012 Hydrazine 20 0.01 7647-01-0 7647010 Hydrochloric Acid (Acid Aerosol Only) 2,000 1 7664-39-3 7664393 Hydrogen Fluoride (Hydrofluoric Acid) 1,000 0.5 7783-06-4 7783064 Hydrogen Sulfide 200 0.1 123-31-9 123319 Hydroquinone 1,000 0.5 78-59-1 78591 Isophorone 20,000 10 195 Lead & Lead Compounds†† 100 0.05 58-89-9 58899 Lindane (1,2,3,4,5,6- 200 0.1 Hexachlorocyclyhexane) 108-31-6 108316 Maleic Anhydride 1,000 0.5 198 Manganese & Manganese Compounds†† 20 0.01 199 Mercury & Mercury Compounds†† 10 0.005 67-56-1 67561 Methanol 2,000 1 72-43-5 72435 Methoxychlor 100 0.05 74-83-9 74839 Methyl Bromide (Bromomethane) 1,000 0.5 74-87-3 74873 Methyl Chloride 2,000 1 71-55-6 71556 Methyl Chloroform (1,1,1-Trichloroethane) 2,000 1 Chapter 137: Emission Statements

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DRAFT Reporting Reporting Threshold Threshold CAS Number Pollutant Code Hazardous Air Pollutant Name (lbs) (tons) 60-34-4 60344 Methyl Hydrazine 200 0.1 74-88-4 74884 Methyl Iodide (Iodomethane) 1,000 0.5 108-10-1 108101 Methyl Isobutyl Ketone 2,000 1 624-83-9 624839 Methyl Isocyanate 200 0.1 74931 Methyl Mercaptan 1,000 80-62-6 80626 Methyl Methacrylate 2,000 1 1634-04-4 1634044 Methyl Tert Butyl Ether 20,000 10 101-14-4 101144 4,4'-Methylenebis(2-Chloroaniline) 200 0.1 (MBOCA) 75-09-2 75092 Methylene Chloride (Dichloromethane) 2,000 1 101-68-8 101688 4,4'-Methylenediphenyl Diisocyanate (MDI) 200 0.1 1313-27-5 1313275 Molybdenum Trioxide 200 0.1 101-77-9 101779 4,4'-Methylenedianiline 200 0.1 91-20-3 91203 Napthalene 1,000 0.5 226 Nickel & Nickel Compounds†† 20 0.01 98-95-3 98953 Nitrobenzene 1,000 0.5 92-93-3 92933 4-Nitrobiphenyl 200 0.1 100-02-7 100027 4-Nitrophenol 1,000 0.5 79-46-9 79469 2-Nitropropane 20 0.01 684-93-5 684935 N-Nitroso-N-Methylurea 2,000 1 62-75-9 62759 N-Nitrosodimethylamine 10 0.005 59-89-2 59892 N-Nitrosomorpholine 20 0.01 56-38-2 56382 Parathion 1,000 0.5 82-68-8 82688 Pentachloronitrobenzene (Quintobenzene) 1,000 0.5 87-86-5 87865 Pentachlorophenol 1,000 0.5 108-95-2 108952 Phenol 2,000 1 106-50-3 106503 p-Phenylendiamine 2,000 1 75-44-5 75445 Phosgene 200 0.1 7803-51-2 7803512 Phosphine 200 0.1 7723-14-0 7723140 Phosphorus 20 0.01 85-44-9 85449 Phthalic Anhydride 2,000 1 1336-36-3 1336363 Polychlorinated Biphenyls 10 0.005 246 Polycyclic Organic Matter*** 100 0.05 1120-71-4 1120714 1,3-Propanesultone 200 0.1 57-57-8 57578 Beta-Propiolacetone 2,000 1 123-38-6 123386 Propionaldehyde 2,000 1 114-26-1 114261 Propoxur (Baygon) 1,000 0.5 78-87-5 78875 Propylene Dichloride (1,2-Dichloropropane) 1,000 0.5 75-56-9 75569 Propylene Oxide 1,000 0.5 75-55-8 75558 1,2-Propylenimine (2-Methyl Aziridine) 10 0.005 91-22-5 91225 Quinoline 200 0.1 106-51-4 106514 Quinone 200 0.1 605 Radionuclides (Including Radon) 2,000 1 253 Selenium & Selenium Compounds†† 200 0.1 Chapter 137: Emission Statements

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DRAFT Reporting Reporting Threshold Threshold CAS Number Pollutant Code Hazardous Air Pollutant Name (lbs) (tons) 100-42-5 100425 Styrene 2,000 1 96-09-3 96093 Styrene Oxide 2,000 1 7664-93-9 7664393 Sulfuric Acid (Acid Aerosol Only) 1,000 0.5 79-34-5 79345 1,1,2,2-Tetrachloroethane 2,000 1 127-18-4 127184 Tetrachloroethylene (Perchloroethylene) 2,000 1 109-99-9 109999 Tetrahydrofuran 2,000 1 7550-45-0 7550450 Titanium Tetrachloride 20 0.01 108-88-3 108883 Toluene 2,000 1 95-80-7 95807 Toluene-2,4-Diamine (2,4-Diaminotoluene) 200 0.1 584-84-9 584849 2,4-Toluene Diisocyanate 20 0.01 91-08-7 91087 2,6-Toluene Diisocyanate 20 0.01 95-53-4 95534 o-Toluidine 1,000 0.5 8001-35-2 8001352 Toxaphene (Chlorinated Camphene) 10 0.005 120-82-1 120821 1,2,4-Trichlorobenzene 2,000 1 79-00-5 79005 1,1,2-Trichloroethane 1,000 0.5 79-01-6 79016 Trichloroethylene 2,000 1 88-06-2 88062 2,4,6-Trichlorophenol 2,000 1 95-95-4 95954 2,4,5-Trichlorophenol 2,000 1 121-44-8 121448 Triethylamine 1,000 0.5 1582-09-8 1582098 Trifluralin 100 0.05 540-84-1 540840 2,2,4-Trimethylpentane 2,000 1 8006642 Turpentine 2,000 108-05-4 108054 Vinyl Acetate 2,000 1 593-60-2 593602 Vinyl Bromide 1,000 0.5 75-01-4 75014 Vinyl Chloride 200 0.01 75-35-4 75354 Vinylidene Chloride (1,1-Dichloroethylene) 1,000 0.5 106-42-3 106423 p-Xylenes 2,000 1 95-47-6 95476 o-Xylenes 2,000 1 108-38-3 108383 m-Xylenes 2,000 1 1330-20-7 1330207 Xylenes (Isomers & Mixture) 2,000 1

* For purposes of this rule, “Dioxin and Dioxin Like Compounds” means specific compounds in the following chemical classes that are “Dioxin like”: polychlorinated dibenzo-p-dioxins (PCDDs or CDDs), polychlorinated dibenzofurans (PCDFs or CDFs), polybrominated dibenzo-p-dioxins (PBDDs or BDDs), polybrominated dibenzofurans (PBDFs or BDFs), and polychlorinated biphenyls (PCBs). “Dioxin like” means those compounds that have a similar chemical structure and similar physical-chemical properties as 2,3,7,8 tetrachlorodibenzo-p-dioxin, and therefore induce a similar toxic response. Because of their hydrophobic nature and resistance towards metabolism, these chemicals persist and bioaccumulate in fatty tissues of animals and humans. The 7 dioxin like CDDs, 7 dioxin like BDDs, 10 dioxin like CDFs and 10 dioxin like BDFs are the congeners that have chlorine/bromine substitutions in, at a minimum, the 2, 3, 7, and 8 positions. Additionally, 13 PCB congeners have dioxin like toxicity; these are PCBs with 4 or more lateral chlorines with 1 or no substitution in the ortho position. These compounds are sometimes referred to as coplanar, meaning that they can assume a flat configuration with rings in the same plane. Mixed chlorinated and brominated congeners of dioxins, furans, and biphenyls may also meet the

Chapter 137: Emission Statements

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DRAFT definition of dioxin like. “Dioxin and Dioxin Like Compounds” includes the following specific dioxin congeners, furan congeners, and dioxin like PCBs:

Chemical notation Isomer Groups Reference Number Dioxin Congeners 2,3,7,8-TCDDs The isomers of tetrachlorodibenzo-p-dioxin with chlorine substitutions in the 2,3,7,8 positions 1,2,3,7,8-PeCDDs The isomers of pentachlorodibenzo-p-dioxin with chlorine substitutions in the 1,2,3,7,8 positions 1,2,3,4,7,8-HxCDDs The isomers of hexachlorodibenzo-p-dioxin with chlorine substitutions in the 2,3,7,8 positions 1,2,3,6,7,8-HxCDDs The isomers of hexachlorodibenzo-p-dioxin with chlorine substitutions in the 1,2,3,6,7,8 positions 1,2,3,7,8,9-HxCDDs The isomers of hexachlorodibenzo-p-dioxin with chlorine substitutions in the 1,2,3,7,8,9 positions 1,2,3,4,6,7,8-HpCDDs The isomers of heptachlorodibenzo-p-dioxin with chlorine substitutions in the 1,2,3,4,6,7,8 positions OCDDs The isomers of octachlorodibenzo-p-dioxin with chlorine substitutions in any position Furan Congeners 2,3,7,8-TCDFs The isomers of tetrachlorodibenzofuran with chlorine substitutions in the 2,3,7,8 positions 1,2,3,7,8-PeCDFs The isomers of pentachlorodibenzofuran with chlorine substitutions in the 1,2,3,7,8 positions 2,3,4,7,8-PeCDFs The isomers of pentachlorodibenzofuran with chlorine substitutions in the 2,3,4,7,8 positions 1,2,3,4,7,8-HxCDFs The isomers of hexachlorodibenzofuran with chlorine substitutions in the 1,2,3,4,7,8 positions 1,2,3,6,7,8-HxCDFs The isomers of hexachlorodibenzofuran with chlorine substitutions in the 1,2,3,6,7,8 positions 1,2,3,7,8,9-HxCDFs The isomers of hexachlorodibenzofuran with chlorine substitutions in the 1,2,3,7,8,9 positions 2,3,4,6,7,8-HxCDFs The isomers of hexachlorodibenzofuran with chlorine substitutions in the 2,3,4,6,7,8 positions 1,2,3,4,6,7,8-HpCDFs The isomers of heptachlorodibenzofuran with chlorine substitutions in the 1,2,3,4,6,7,8 positions 1,2,3,4,7,8,9-HpCDFs The isomers of heptachlorodibenzofuran with chlorine substitutions in the 1,2,3,4,7,8,9 positions OCDFs The isomers of octachlorodibenzofuran with chlorine substitutions in any position Dioxin Like PCBs IUPAC** Number 3,3',4,4'-TeCB tetrachlorinated biphenyls with chlorine substituted PCB-77 in the 3,3',4,4' positions 3,4,4',5-TCB tetrachlorinated biphenyls with chlorine substituted PCB-81 in the 3,4,4',5 positions 2,3,3',4,4'-PeCB pentachlorinated biphenyls with chlorine substituted PCB-105 in the 2,3,3',4,4' positions Chapter 137: Emission Statements

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DRAFT Chemical notation Isomer Groups Reference Number 2,3,4,4',5-PeCB pentachlorinated biphenyls with chlorine substituted PCB-114 in the 2,3,4,4',5 positions 2,3',4,4',5-PeCB pentachlorinated biphenyls with chlorine substituted PCB-118 in the 2,3',4,4',5 positions 2',3,4,4',5-PeCB pentachlorinated biphenyls with chlorine substituted PCB-123 in the 2',3,4,4',5 positions 3,3',4,4',5-PeCB pentachlorinated biphenyls with chlorine substituted PCB-126 in the 3,3',4,4',5 positions 2,3,3',4,4',5-HxCB hexachlorinated biphenyls with chlorine substituted PCB-156 in the 2,3,3',4,4',5 positions 2,3,3',4,4',5'-HxCB hexachlorinated biphenyls with chlorine substituted PCB-157 in the 2,3,3',4,4',5' positions 2,3',4,4',5,5'-HxCB hexachlorinated biphenyls with chlorine substituted PCB-167 in the 2,3',4,4',5,5' positions 3,3',4,4',5,5'-HxCB hexachlorinated biphenyls with chlorine substituted PCB-169 in the 3,3',4,4',5,5' positions 2,3,3',4,4',5,5'-HpCB heptachlorinated biphenyls with chlorine substituted PCB-189 in the 2,3,3',4,4',5,5' positions

** International Union of Pure and Applied Chemistry (http://iupac.chemsoc.org/general/about.html)

Reference: Draft Final Report: Exposure and Human Health Reassessment of 2,3,7,8- Tetrachlorodibenzo-p-Dioxin (TCDD) and Related Compounds, Part I: Estimating Exposure to Dioxin like Compounds, Volume 2: Sources of Dioxin like Compounds in the United States (Exposure Assessment and Risk Characterization Group, National Center for Environmental Assessment - Washington Office, Office of Research and Development, U.S. Environmental Protection Agency, Washington, DC; EPA/600/P-00/001Bb; http://www.epa.gov/ncea, (http://www.epa.gov/ncea/pdfs/dioxin/part1/volume2/volume2.pdf) September 2000.

***For the purposes of this rule, “Polycyclic Organic Matter” means specific compounds with more than one benzene ring and with a boiling point greater than or equal to 212º F. When determining whether emissions exceed the reporting threshold, the compounds must be summed and the total of all individual compounds compared against the reporting threshold of 100 pounds (0.05 tons). “Polycyclic Organic Matter” includes the following list of compounds.

CAS Number Pollutant Code Polycyclic Organic Matter Compounds 208-96-8 208968 Acenaphthylene 83-32-9 83329 Acenaphthene 120-12-7 120127 Anthracene 56-55-3 56553 Benz[a]Anthracene 50-32-8 50328 Benzo[a]Pyrene 203-33-8 203338 Benzo(a)fluoranthene 205-99-2 205992 Benzo[b]Fluoranthene 195-19-7 195197 Benzo(c)phenanthrene 192-97-2 192972 Benzo[e]Pyrene 56832-73-6 56832736 Benzofluoranthenes 203-12-3 203123 Benzo(g,h,i)Fluoranthene Chapter 137: Emission Statements

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DRAFT CAS Number Pollutant Code Polycyclic Organic Matter Compounds 191-24-2 191242 Benzo[g,h,i]Perylene 205-82-3 205823 Benzo[j]Fluoranthene 207-08-9 207089 Benzo[k]Fluoranthene 91-58-7 91587 2-Chloronaphthalene 218-01-9 218019 Chrysene 192-65-4 192654 Dibenzo[a,e]Pyrene 53-70-3 53703 Dibenzo[a,h]Anthracene 189-64-0 189640 Dibenzo[a,h]Pyrene 189-55-9 189559 Dibenzo[a,i]Pyrene 224-42-0 224420 Dibenzo[a,j]Acridine 191-30-0 191300 Dibenzo[a,l]Pyrene 57-97-6 57976 7,12-Dimethylbenz[a]Anthracene 42397-64-8 42397648 1,6-Dinitropyrene 42397-65-9 42397659 1,8-Dinitropyrene 206-44-0 206440 Fluoranthene 86-73-7 86737 Fluorene 193-39-5 193395 Indeno[1,2,3-cd]Pyrene 65357-69-9 65357699 Methylbenzopyrene 56-49-5 56495 3-Methylcholanthrene 26914-18-1 26914181 Methylanthracene 779-02-2 779022 9-Methyl Anthracene 2422-79-9 2422799 12-Methylbenz[a]Anthracene 41637-90-5 41637905 Methylchrysene 3697-24-3 3697243 5-Methylchrysene 90-12-0 90120 1-Methylnaphthalene 91-57-6 91576 2-Methylnaphthalene 832-69-9 832699 1-Methylphenanthrene 2381-21-7 2381217 1-Methylpyrene 7496-02-8 7496028 6-Nitrochrysene 607-57-8 607578 2-Nitrofluorene 5522-43-0 5522430 1-Nitropyrene 85-01-8 85018 Phenanthrene 198-55-0 198550 Perylene 129-00-0 129000 Pyrene

†† For the purposes of this rule, all listings above which contain the word "compounds" and for glycol ethers, the following applies: Unless otherwise specified, these listings are defined as including any unique chemical substance that contains the named chemical (i.e., antimony, arsenic, etc.) as part of that chemical's infrastructure.

††† For the purposes of determining whether chromium emissions exceed the reporting threshold, the trivalent and hexavalent forms must be summed with any other reported chromium compound emissions for the facility and compared against the reporting threshold of 10 pounds (0.005 tons).

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DRAFT APPENDIX B: HYDROFLUOROCARBONS AND PERFLUOROCARBONS

Global Warming Potential (100 year/Third CAS Pollutant Designation/ Assessment Number Code Greenhouse Gas Name Refrigerant Number Report) Hydrofluorocarbons (HFCs) 75-46-7 75467 Trifluoromethane HFC-23 / R-23 12,000 75-10-5 75105 Difluoromethane HFC-32 / R-32 550 593-53-3 593533 Fluoromethane/Methyl Fluoride HFC-41 / R-41 97 138495-42-8 138495428 1,1,1,2,3,4,4,5,5- HFC-43-10mee 1,500 Decafluoropentane 354-33-6 354336 Pentafluoroethane HFC-125 / R-125 3,400 359-35-3 359-35-3 1,1,1,2-Tetrafluoroethane HFC-134 1,100 (Structure: CHF2CHF2) 811-97-2 811972 1,1,1,2-Tetrafluoroethane HFC-134a / R-134a 1,300 (Structure: CH2FCF3) 430-66-0 460660 1,1,2-Trifluoroethane HFC-143 330 420-46-2 420462 1,1,1-Trifluoroethane HFC-143a / R-143a 4,300 624-72-6 624726 1,2-Difluoroethane HFC-152 / Freon 152 43 75-37-6 75376 1,1-Difluoroethane HFC-152a / R-152a 120 353-36-6 353366 Fluoroethane HFC-161 / R-161 12 431-89-0 431890 1,1,1,2,3,3,3-Heptafluoropropane HFC-227ea 3,500 677-56-5 677565 1,1,1,2,2,3-Hexafluoropropane HFC-236cb 1,300 431-63-0 431630 1,1,1,2,3,3-Hexafluoropropane HFC-236ea 1,200 690-39-1 690391 1,1,1,3,3,3-Hexafluoropropane HFC-236fa 9,400 679-86-7 679867 1,1,2,2,3-Pentafluoropropane HFC-245ca 640 460-73-1 460731 1,1,1,3,3-Pentafluoropropane HFC-245fa 950 406-58-5 406586 1,1,1,3,3-Pentafluorobutane HFC-365mfc 890 Perfluorocarbons (PFCs) 75-73-0 75730 Carbon Tetrafluoride (CF4) R-14 5,700 76-16-4 76164 Hexafluoroethane (C2F6) R-116 11,900 76-19-7 79197 Perfluoropropane (C3F8) R-218 8,600 355-25-9 355259 Perfluoro-n-butane (C4F10) 8,600 115-25-3 115253 Octofluorcyclobutane (c-C4F8) 10,000 678-26-2 678262 Perfluoropentane (C5F12) 8,900 355-42-0 355420 Perfluorohexane (C6F14) 9,000 7783-54-2 7783542 Nitrogen Trifluoride (NF3) 10,800

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DRAFT

06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 140: PART 70 AIR EMISSION LICENSE REGULATION

SUMMARY: This regulation identifies the sources of air emissions that require a Part 70 air emission license and incorporates the requirements of Title IV and Title V of the Clean Air Act, as amended, 42 U.S.C. 7401, et seq.; and 38 MRSA, Section 344 and Section 590. The pre-filing requirements and public notice requirements of this Chapter supersedes Rules Concerning the Processing of Applications and other Administrative Matters, 06-096 CMR 2, where applicable. It contains extensive information on a wide variety of variables in the licensing process as specified in the following sections:

Section 1. Applicability (p1) Section 2. General Terms and Conditions of Applications and Licenses (p3) Section 3. Renewal of a Part 70 License and Initial Part 70 License for Existing Sources (p16) Section 4. Part 70 Acid Rain Sources (p28) Section 5. New Source Review (NSR) for Part 70 Sources (p30) Section 6. HAP Emission Limitations (p30) Section 7. Part 70 Administrative Revisions (p34) Section 8. Part 70 Section 502(b)(10) Change (p36) Section 9. Part 70 Minor License Modification (p37) Section 10. Part 70 Significant License Modification (p40) Section 11. Intrafacility Emissions Trading (p41) Section 12. Part 70 License Transfer (p43) Section 13. Part 70 General License (p45) Section 14. Ambient Air Quality Analysis (p46)

NOTE: Please see Definitions, 06-096 CMR 100 for definitions.

1. Scope and Applicability

A. Geographic scope. This regulation shall be effective in all ambient air quality control regions in the State.

B. General Requirement. A Part 70 license is required for all Part 70 major sources. Once a source requires an air emission license, all emissions units which emit regulated pollutants at the source must be included except those insignificant activities listed in Appendix B of this Chapter. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Major and Minor Source Air Emission License Regulation, 06-096 CMR 115(4)(A) shall apply to the source or modification as though construction had not yet commenced on the source or modification.

Chapter 140: Part 70 Air Emission License Regulation -1-

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C. Part 70 license or license amendment is required for the following:

(1) Any Part 70 major source;

(2) Any source, including an area source, subject to a standard, limitation, or other requirement under Section 111 (Standards of Performance for New Stationary Sources) of the CAA;

(3) Any source, including a HAP area source, subject to a standard or other requirement under Section 112 (Hazardous Air Pollutants) of the CAA;

(4) Any source required to have a license under Part C (Prevention of Significant Deterioration of Air Quality) and Part D (Plan Requirements for Federal Nonattainment Areas) of Title I of the CAA;

(5) Any CAA Title IV source (Acid Rain);

(6) Any source in a source category designated by EPA pursuant to 40 CFR Part 70.3(a);

(7) Any changes or revision to the requirements in the Part 70 license. The processes to amend the Part 70 license include Part 70 Administrative Revisions, Part 70 Minor Licenses Modifications, and Part 70 Significant License Modifications; and

(8) Major sources undergoing 06-096 CMR 115 New Source Review. Following a new major source license issued under the NSR provisions of 06-096 CMR 115, the source must then apply for an initial Part 70 license within one year of commencing operations as provided in 40 CFR Part 70.5.

D. Exemptions

(1) All sources listed in subsection 1(C) of this Chapter that are not Part 70 major sources, Title IV sources, or solid waste incineration units required to obtain a license pursuant to Section 129(e) of the CAA are exempted by the Department from the obligation to obtain a Part 70 license until such time as EPA completes a rulemaking to determine how the program should be structured for nonmajor sources;

(2) In the case of nonmajor sources subject to a standard or other requirement under either Section 111 (Standards of Performance for New Stationary Sources) or Section 112 (Hazardous Air Pollutants) of the CAA promulgated after July 21, 1992, EPA will determine whether to exempt any or all such sources from the requirement to obtain a Part 70 license at the time that the new standard is promulgated;

(3) Unless otherwise required by the Department to obtain a Part 70 license, the following sources are exempted from the obligation to obtain a Part 70 license:

(a) All sources that would be required to obtain a Part 70 license solely because they are subject to Part 60, Subpart AAA - Standards of Performance for New Residential Wood Heaters;

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(b) All sources that would be required to obtain a Part 70 license solely, because they are subject to Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation; and

(c) Any source that is licensed under Major and Minor Source Air Emission License Regulation, 06-096 CMR 115 that would otherwise be subject to this Chapter, but received federally enforceable license conditions to retain a minor source status as allowed by 40 CFR Part 70.

(4) Any source listed in this subsection that is exempted from the requirement to obtain a Part 70 license may opt to apply for a Part 70 license under this Chapter.

NOTE: A source exempt from this Chapter may be subject to the requirements of obtaining an air emission license under 06-096 CMR 115.

2. General Terms and Conditions of Applications and Licenses

A. Projects requiring multiple application submittals under this Chapter

If a Part 70 source is applying simultaneously for the renewal of a Part 70 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 Applicable or state requirement, or to evaluate the fee amount. An application for a license 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 company name and address (or plant name and address if different from the company name), owner's name and agent, responsible official's name, and telephone number and names of plant site manager/contact;

(2) Identification and description of the source's processes and products by Standard Industrial Classification (SIC) Code and North American Industry Classification System (NAICS) Code, including any processes or products associated with each alternative operating scenario identified by the applicant;

(3) Any insignificant activities that must be listed in the application as specified in Appendix B of this Chapter;

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(4) The following emissions related information for units and activities that are not insignificant as specified in Appendix B of this Chapter:

(a) All emissions of air pollutants for which the Part 70 source is defined as a Part 70 major source and all emissions of regulated pollutants, including fugitive emissions to the extent quantifiable;

(b) Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate Part 70 license fees;

(c) Identification and description of all points of emissions described in (a) and (b) above in sufficient detail to establish applicability of requirements of the CAA and state regulations;

(d) Emission rates in tons per year (tpy) and in such terms as are necessary to establish compliance 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 operation affecting emissions, or any work practice standards, where applicable, for all regulated pollutants at the Part 70 source;

(h) Other information required by any Applicable requirement or state requirement; and

(i) Calculations used as the basis for emissions-related information.

(5) The following air pollution control requirements:

(a) Citation and description of all Applicable requirements;

(b) Citation and description of all state requirements; and

(c) Description of or reference to any applicable test method for determining compliance with each Applicable requirement and state requirement;

(6) Other specific information that may be necessary to implement and enforce other Applicable requirements of the CAA, this Chapter or state requirements or to determine the applicability of such requirements.

(7) An explanation of any proposed exemptions from otherwise Applicable requirements and state requirements;

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(8) Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the applicant or to define terms and conditions in the Part 70 license allowing intrafacility emission trading which are under the allowable emissions in the Part 70 license;

(9) A description of the source category or categories which are applicable to the source, HAP emission unit(s) requiring HAP emission limitations, and whether the HAP emission unit(s) require a MACT emission limitation for an existing or new Part 70 HAP source;

(10) If required by the Department, proposed monitoring, modeling, testing, record keeping and reporting protocols, the results of previously performed in-stack monitoring, and results of previously performed stack testing. This information shall not be used in the completeness determination of the application.

(11) A compliance plan that includes the following information:

(a) A description of the compliance status of the Part 70 source with respect to all Applicable requirements and state requirements;

(b) A statement that the Part 70 source will continue to comply with any Applicable requirements and state requirements with which it is in compliance;

(c) A statement that the Part 70 source will meet on a timely basis any Applicable requirements and state requirements that will become effective during the Part 70 license period, unless a more detailed schedule is expressly required by the Applicable requirement;

(d) For Part 70 sources out of compliance at the time of issuance of the Part 70 license:

(i) A narrative description of how the Part 70 source will achieve compliance with all Applicable requirements and state requirements; and

(ii) A compliance schedule for achieving compliance that shall include remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any Applicable requirements and state requirements for which the Part 70 source will be in noncompliance at the time of the Part 70 license issuance. The compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the Part 70 source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the Applicable requirements and state requirements on which it is based; and

(e) For Part 70 sources required to have a schedule of compliance to remedy a violation, a schedule for submission of certified progress reports to be submitted at least once every six (6) months from the date of issuance of the Part 70 license;

(12) A compliance certification that includes the following information:

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(a) A certification of compliance with all Applicable requirements and state requirements by a responsible official consistent with subsection 2(C) of this Chapter and Section 114(a)(3) of the CAA;

(b) A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods;

(c) A schedule for submission of compliance certifications during the Part 70 license term, to be submitted at least once every twelve (12) months from the date of issuance of the Part 70 license, or more frequently if specified by the Department or an underlying Applicable requirement;

(d) A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the CAA; and

(e) Such other facts or information that the Department may require to determine the compliance status of the Part 70 source;

(13) 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 14 of this Chapter. The information required pursuant to Section 14 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

(14) 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 14 of this Chapter. The information required pursuant to Section 14 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;.

(15) A plan to reduce greenhouse gas emissions to an emissions level in compliance with 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards; and

(16) Greenhouse Gas Emission Limits. The Department may include limits on the emission of any greenhouse gas regulated under 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards, as a term of any Part 70 license. Such limits shall not be stricter than the standards imposed by 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards,

C. Certification by Responsible Official

All application forms, reports, and compliance certifications 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:

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"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

(1) Any applicant for a renewal of a Part 70 license, an initial Part 70 license, or a Part 70 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. 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 notice from the paper must be submitted with the application. Applications for administrative revisions, Section 502(b)(10) changes, Part 70 Minor License Modifications and Part 70 Significant License Modifications do not require publication of a public notice. The Public Notice of Intent to File must include the following information:

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

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

(d) Summary of the proposed action;

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

(f) 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:

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

(ii) for a public hearing on the application;

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

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

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

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

(2) 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.

(3) 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 mail notice to the applicant of 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.

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 application 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 having the license denied, the Department shall provide written notice to the applicant including a list of the required information which must be submitted by the specified date in order to prevent the denial. A person may reapply at any time after the license is denied.

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The reapplication shall meet all requirements of a complete initial license application, including any required license fee.

The applicant must provide additional information as necessary to address any requirement that becomes applicable to the Part 70 source after the date the source filed a complete application, but prior to release of the Part 70 draft license.

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. In no case shall the processing times be longer than 18 months from the date the renewal application is deemed complete.

(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

(1) Except as provided in this Chapter, the Department shall include in the Part 70 license a provision stating that compliance with the conditions of the Part 70 license shall be deemed in compliance with any Applicable requirements and state requirements as of the date of license issuance, provided that:

(a) Such Applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or

(b) The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 license includes the determination or a concise summary, thereof.

(2) Nothing in this section or any Part 70 license shall alter or affect the following:

(a) The provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303;

(b) The liability of an owner or operator of a source for any violation of Applicable requirements prior to or at the time of permit issuance; or

J. Operational Flexibility

The following changes are allowed without requiring a license amendment:

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(1) Changes that must be addressed by the Part 70 license, are not Title I modifications or a modification or reconstruction under any provision of Section 111, or 112 of the CAA, do not exceed the emissions allowable under the Part 70 license. These changes may include the following:

(a) Intrafacility emission trading, as specified in this Chapter;

(b) Alternative operating scenarios which are specifically identified in the Part 70 license; or

(2) Off-License Changes. Off-license changes that are not addressed or prohibited in the Part 70 license, shall meet all Applicable requirements, shall not violate any existing permit term or condition, and are the following:

(a) A change at Part 70 source for which the applicant has received written Departmental approval that the change does not require a license amendment. The licensee shall keep a record describing the changes made under this section. Department approved changes are not eligible for the permit shield; or

(b) The modification of an insignificant activity that can still be qualified as such after the modification.

K. Public and Affected States Draft Notification

Except for Part 70 Administrative Revisions, Part 70 Minor License Modification, Part 70 License Transfers and Section 502(b)(10) Changes, a public comment period shall be held on the Part 70 draft license or draft amendment, as follows:

(1) The applicant shall provide a copy of the Part 70 draft license or draft amendment and the application for Part 70 license, 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) The applicant shall provide a copy of the Part 70 draft license to the affected states on or before the date that the Draft Availability notice is published.

(3) Draft Availability Notice. The notice of Draft Availability shall be published by the applicant or 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;

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(b) a citation of the statutes or rules under which the application is being processed;

(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 Part 70 draft license;

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

(g) 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; and

(h) name, address, and phone number of a Department contact from whom interested parties may obtain additional information, including copies of the draft license application and all relevant supporting materials.

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

(4) The applicant shall mail a copy of the notice to all persons on a mailing list developed by the Department who requested to be notified about license actions at the licensed facility and by any other means the Department finds necessary to assure adequate notice to the public.

(5) For any Department action 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 will 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, at the Department’s discretion.

(6) 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 last day on which all of the persons in this section are mailed notice, whichever is later.

(7) 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 Part 70 draft license. The Department shall file all written comments for public inspection at the Department's Augusta office.

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(8) The Department shall notify any affected state and EPA, in writing, of any refusal to incorporate into the Part 70 draft license any recommendations that the affected state submitted during the affected state review period. This notice shall include the Department's reasons for not accepting any such recommendations.

(9) The Department shall provide a statement that sets forth the legal and factual basis for the Part 70 draft license conditions (including referenced to the applicable statutory or regulatory provisions). The Department shall send this statement to any person who requests it.

L. EPA Comment Period

(1) Except for Part 70 License Transfers, Section 502(b)(10) Changes and Part 70 Administrative Revisions, the Department shall provide a copy of the Part 70 draft proposed license and any additional supporting documentation to EPA for a 45 day review and comment period. The Department shall also provide to EPA a statement that sets forth the legal and factual basis for the Part 70 draft proposed license conditions (including reference to the applicable statutory or regulatory provisions).

(2) Upon receipt of a Part 70 draft proposed license or at the time of the Department’s explanation for any refusal to accept affected state's comments, whichever is later, if EPA determines the Part 70 draft proposed license is not in compliance with any Applicable requirement or with 40 CFR Part 70, including 40 CFR § 70.8(c)(3), the EPA shall have 45 days to object in writing to the issuance of the Part 70 draft proposed license by the Department.

If EPA submits an objection to the Department, the Part 70 draft proposed license shall not be issued by the Department. The objection shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the Part 70 license must include to respond to the objection. EPA shall send the applicant a copy of the objection pursuant to 40 CFR Part 70.8(c)(2). The Department shall have ninety (90) days to revise the Part 70 draft proposed license.

(3) If the Department fails, within ninety (90) days after the date of an objection under this subsection, to revise and submit a Part 70 draft proposed license in response to the objection, the EPA will issue or deny the Part 70 license in accordance with the requirements of the federal operating permit program promulgated under Title V of the CAA.

M. Public Petition to the EPA

(1) General. If the EPA does not object in writing within 45 days of receipt of the Part 70 draft proposed license, including supplementary information, any person, including the applicant may petition the EPA in writing within sixty (60) calendar days after the expiration of the 45- day review period to make an objection.

Any petition shall be based only on objections that were raised with reasonable specificity during the public comment period provided in subsection 2(K) of this Chapter, unless the petitioner demonstrates to the EPA that raising such objections within the public comment

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period was impractical, or that the grounds for objection arose after the public comment period.

(2) Procedures. If the EPA objects to the Part 70 license (after the EPA's 45-day review period) as a result of a public petition pursuant to this subsection, the following procedures shall apply:

(a) The petitioner must identify in writing all objections in the public petition;

(b) The petitioner must provide a copy of the public petition to the Department and to the applicant; and

(c) If the Part 70 license was not issued, the Department shall not issue the Part 70 draft proposed license until the EPA's objection resulting from the public petition is resolved; or if the Part 70 license was issued after the end of the 45-day EPA review period but prior to the subsequent EPA objection, the following provisions apply:

(i) The public petition does not halt the effectiveness of the Part 70 license or its terms and conditions; and

(ii) The EPA will amend, terminate or revoke the Part 70 license for cause as prescribed by subsection 2(O) of this Chapter, and the Department may thereafter issue a Part 70 license pursuant to subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any case, the owner or operator of the Part 70 source will not be in violation of the requirement to have submitted a timely and complete application.

(3) Appeals. The public petition to EPA shall not affect the terms and conditions of a Part 70 license issued by the Department, or the finality of the Department's action for purposes of an appeal under the Maine Administrative Procedures Act.

N. Reopening for cause by the Department of a Part 70 license

(1) The Department shall have the authority to reopen and amend, terminate or revoke for cause and to reissue the Part 70 license as a renewal of a Part 70 license for reasons as stated in subsection 3(E)(7) of this Chapter.

(2) A reopening shall not be initiated by the Department before a written notice of such intent is provided to the owner or operator of the Part 70 source and to any person who submitted written comments on the license application at least thirty (30) calendar days in advance of the date that the Part 70 license is to be reopened, or within ten (10) calendar days if necessary to protect public health, safety and welfare.

(3) The procedures to reopen for cause of a Part 70 license and to reissue the Part 70 license shall comply with the same requirements as they apply to the renewal of a Part 70 license and shall pertain only to those parts of the Part 70 license for which cause to reopen exists, and shall proceed as expeditiously as practicable.

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O. Reopening for cause by EPA of a Part 70 license

(1) If EPA finds that cause exists to terminate, amend, or revoke and reissue a Part 70 license for reasons as stated in subsection 3(E)(7) of this Chapter, EPA will notify the Department and the licensee of such findings in writing.

(2) Within ninety (90) days of EPA's written notification, the Department shall send EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. In the event additional information is needed from the licensee, the Department may request from EPA a ninety (90)-day extension to resolve the EPA objection.

(3) EPA will review the proposed determination from the Department within 90 days of receipt.

(4) The Department shall have ninety (90) days from the receipt of EPA's notification of objection to resolve the objection that EPA makes and to terminate, amend, or revoke and reissue the Part 70 license as prescribed by subsection 2(N) of this Chapter.

(5) If the Department fails to resolve the objection, EPA will revise, terminate, or revoke the Part 70 license, after taking the following actions:

(a) Providing at least 30 days notice to the licensee in writing of the reasons for any such action. This notice may be given during or after the procedures in 1 and 2 of this section.

(b) Providing the licensee an opportunity for comment on EPA's proposed action and an opportunity for a hearing.

P. Transmittal of the Part 70 license and amendments to the EPA

The Department shall submit to the EPA a copy of all Part 70 licenses, off-permit Department approval determinations and amendments upon issuance.

Q. Effective Date of a Part 70 license

Unless otherwise indicated as a condition of the Part 70 license, a Part 70 license granted by the Department is effective when the Commissioner, or his or her designee, signs the Part 70 license. A Part 70 license granted by the Board of Environmental Protection (BEP) is effective when the BEP chair signs the license.

R. Term of a Part 70 license

Each renewal of a Part 70 license or Initial Part 70 issued by the Department shall have a term of five (5) years after the date of issuance.

S. Expiration of a Part 70 license

If a complete renewal application as determined by the Department, is submitted at least 6 months prior to expiration but no earlier than 18 months, then pursuant to Title 5 MRSA §10002,

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the license shall not expire and all terms and conditions of the Part 70 license shall remain in effect until the Department takes final action on the renewal of the Part 70 license. Licenses in affect under this provision may also be modified prior to a renewal issuance. 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.

An existing source submitting a complete renewal application under this Chapter prior to the expiration of the Part 70 license will not be in violation of operating without a Part 70 license.

Failure to submit a complete renewal application prior to expiration of the Part 70 license renders the license expired and the owner or operator is considered to be operating and maintaining an air contamination source without a Part 70 license from the Department, in violation of this Chapter.

T. Source obligation

Approval to construct a new source or modification, or an exemption pursuant to subsection 1(D) of this Chapter shall not relieve any owner or operator of a source from the responsibility to comply fully with any Applicable requirements and state requirements.

U. Public access to information and confidentiality

As a general rule, all information and data submitted in an application for a Part 70 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 §401 et 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 air contaminant 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.

The contents of a Part 70 license shall not be treated as confidential.

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.

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V. 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.

W. Replacement of Air Pollution Control Systems

If a licensee is proposing to replace an existing air pollution control system, including the replacement of oil burner guns, the applicant must obtain a license amendment pursuant to 06- 096 CMR 115.

X. Licensing of HAP sources

Pursuant to 38 MRSA Section 585-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.

Y. Modifications of Part 70 HAP sources

Sources applying for a new Part 70 HAP source, a modification or reconstruction of a Part 70 HAP source which is not currently subject to a HAP emission limitation, and which sources are not Part 70 major sources, will be reviewed only under the New Source Review section of 06- 096 CMR 115.

Z. 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.

AA. Emergency provision

An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limits if the conditions of this subsection (subsection 2(AA)) are met. The affirmative defense for an emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

(1) An emergency occurred and the licensee can identify the cause or causes of the emergency;

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(2) The licensed facility was at the time being properly operated;

(3) During the period of the emergency, the licensee took all reasonable steps to minimize levels of emissions that exceeded the emission standards or other requirements in the Part 70 license; and

(4) The licensee submitted notice of the emergency to the Department within two (2) days or the next working day, whichever is later, of the time when emission limits were exceeded due to the emergency. This notice must contain:

(a) a description of the emergency;

(b) steps taken to mitigate emissions; and

In any enforcement proceeding, the licensee seeking to establish the occurrence of an emergency has the burden of proof. This provision is in addition to any emergency or upset provision contained in any Applicable requirement.

3. Renewal of a Part 70 License and the Initial Part 70 Licenses

A. Applicability. The following procedures shall be used for sources applying for an initial Part 70 license and for the renewal of a Part 70 license or a lapsed Part 70 license.

B. Schedule

(1) If the applicant is applying for a renewal of a Part 70 license, an application must be submitted at least six (6) months, but no earlier than eighteen (18) months prior to the date of expiration of the Part 70 license.

(2) If the applicant is applying for an initial Part 70 license, an application must be submitted within one year of commencing operations as provided in 40 CFR Part 70.5.

C. Application Notification

(1) The applicant shall give public notice of Intent to File as stated in subsection 2(D) of this Chapter.

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

D. Required Application Information

For a renewal of a Part 70 license and initial Part 70 license for existing sources, the applicant shall submit to the Department the information listed below:

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(1) For an initial Part 70 license the application form and information as specified in subsection 2(B) of this Chapter, containing all required information;

(2) For a renewal of a Part 70 license, the last complete application forms for a Part 70 license with all new information indicated, including a compliance assurance monitoring (CAM) plan and any proposed alternative operating scenarios. New material appended to the application may be limited to any changes that may have occurred since the time of previous license issuance;

(3) A Best Practical Treatment (BPT) analysis as described below:

(a) Best Practical Treatment (BPT). Emissions from existing sources undergoing renewal of a Part 70 license or the issuance of the initial Part 70 license shall be deemed to be receiving best practical treatment if those emissions are being controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, or an acceptable best practical treatment analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries.

For emissions from existing sources controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, the applicant shall submit a summary of the pollution control apparatus for those emission sources.

If the pollution control apparatus has been installed 15 years or more from the date of license application approval, the applicant must demonstrate that each emissions unit is receiving BPT and such demonstration shall consider the emission limit for which the air pollution control system was designed, the emission limitations adopted by the Department and in effect at the time of submission of an application for renewal, as well as the reliability, age, and life expectancy of the air pollution control system.

BPT shall not require the use of a lower sulfur content unless a lower sulfur fuel is required to comply with the applicable emissions standards or applicable ambient air quality standards.

BPT shall not force replacement of existing air pollution control equipment on the basis that more efficient or reliable air pollution control equipment is available at the time of renewal. However, BPT may require replacement with more efficient or reliable air pollution control equipment under the following conditions:

(i) The applicant is proposing replacement of the existing air pollution control equipment;

(ii) Any emissions unit violates the applicable emission limitation;

(iii) Additional reductions are necessary to achieve or maintain ambient air quality standards;

(iv) The Department determines that previously uncontrolled emissions should be controlled in order to prevent an unreasonable risk to the environment or public health;

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(v) The Department determines that previously controlled emissions should be controlled to a greater efficiency considering the toxicity of air contaminants; or

(vi) Additional reductions are necessary to restore ambient increment even if that ambient increment was previously authorized to the owner or operator of an existing source.

BPT may require the use of additional instrumentation, operating practices, automated process controls, upgrading of component parts, emissions testing, requirements for continuous emission monitors, maintenance programs for air pollution control equipment, or record keeping to demonstrate performance of air pollution control systems or other mitigating measures.

(4) BPT for lapsed licenses shall undergo an analysis similar to Major and Minor Source Air Emission License Regulation, 06-096 CMR 115(4)(A)(4)(d).

(5) Reasonably Available Control Technology (RACT). The applicant for an existing source located in, or whose emissions of a federal nonattainment pollutant result in a significant impact to any federal nonattainment area, shall include a summary of the conditions the source complies with to meet RACT requirements.

(6) Best Available Retrofit Technology (BART). An existing source with emissions that the Department has determined to cause an adverse impact on visibility in any Class I area or any integral vista for that Class I area, shall demonstrate that each emissions unit contributing to the adverse impact on visibility will receive BART as expeditiously as practicable, but no later than five (5) years after the Department identifies BART.

(7) Hazardous Air Pollutants (HAPs). If an existing source is subject to a newly applicable HAP emission limitation, the application shall be submitted according to the schedule in Appendix C and subsection 6(B) and shall contain the HAP information as required by Section 6 of this Chapter.

(8) Ambient Air Quality Impact Analysis. If required by the Department pursuant to this Chapter, the applicant shall submit the results of any ambient air quality impact analyses, including an analysis of the impacts to Air Quality Related Values and impact on visibility if the Department determines that the source may affect ambient increments or Air Quality Related Values in any Class I area or integral vista to that Class I area. The analysis shall be performed pursuant to this Chapter. This analysis shall not be used in the completeness determination of the application.

(9) The certification of the responsible official pursuant to subsection 2(C) of this Chapter and a copy of the published public notice of Intent to File pursuant to subsection 2(D) of this Chapter.

(10) List all section 502(b)(10) changes that occurred during the term of the previous license.

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The following elements shall be included in the Part 70 license:

(1) Emission Limitations and Standards. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all Applicable requirements and state requirements at the time of the Part 70 license issuance.

(a) The Part 70 license shall:

(i) For Part 70 major sources, include in the Part 70 license all Applicable requirements for all relevant emissions units at the Part 70 major source.

(ii) For any nonmajor source subject to this Chapter under Section 1, include in the Part 70 license all Applicable requirements applicable to emissions units that cause the source to be a Part 70 source.

(b) The Part 70 license shall specify and reference the origin of and authority for each term or condition pertaining to all Applicable requirements, and identify any difference in form as compared to the Applicable requirement upon which the term or condition is based.

(c) The Department shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.

(d) If an applicable implementation plan allows a determination of an alternative emission limit at a Part 70 source, equivalent to that contained in the plan, to be made in the Part 70 license issuance, renewal, or amendment process, and the State elects to use such process, any Part 70 license containing such equivalency determination shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

(e) Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Department. Such terms and conditions:

(i) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the licensed facility a record of the scenario under which it is operating;

(ii) May extend the permit shield described in subsection 2(I) of this Chapter to all terms and conditions pertaining to Applicable requirements under each such operating scenario; and

(iii) Must ensure that the terms and conditions of each such alternative scenario meet all Applicable requirements and state requirements and the requirements of this Chapter.

(f) Terms and conditions, if the applicant requests them, for the trading of emissions increases and decreases in the licensed facility, to the extent that the Applicable

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requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:

(i) Shall include all terms required to determine compliance;

(ii) May extend the permit shield described in subsection 2(I) of this Chapter to all terms and conditions pertaining to Applicable requirements that allow such increases and decreases in emissions; and

(iii) Must meet all Applicable requirements, state requirements, and requirements of this Chapter.

(2) Compliance Assurance Requirements

(a) Monitoring Requirements

(i) All emissions monitoring and analysis procedures or test methods required under the Applicable requirements and state requirements. This includes any procedures and methods promulgated pursuant to Sections 114(a)(3), pertaining to the enhanced monitoring and compliance certification requirements, or 504(b), pertaining to the monitoring and analysis provisions, of the CAA;

(ii) Where the Applicable requirement or state requirement does not require periodic testing or instrumental or non instrumental monitoring (which may consist of record keeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the Part 70 license;

Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the Applicable requirement. Record keeping provisions may be sufficient to meet the requirements of this paragraph (subsection 3(E)(2)); and

(iii) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

(b) Recordkeeping Requirements. The Part 70 license shall incorporate applicable record keeping requirements and require where applicable the following records of required monitoring information:

(i) The date, place as defined in the Part 70 license, and time of sampling or measurements;

(ii) The date(s) analyses were performed;

(iii) The company or entity that performed the analyses;

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(iv) The analytical techniques or methods used;

(v) The results of such analyses; and

(vi) The operating conditions as existing at the time of sampling or measurement;

(c) Reporting Requirements. The Part 70 license shall incorporate the required reporting requirements, including the submittal of summary reports of any required periodic monitoring at least every 6 months in the semiannual reports. The semiannual reports must indicate all instances of deviations from license requirements.

(d) Compliance Requirements

(i) Compliance certification, testing, monitoring, reporting, and record keeping requirements sufficient to assure compliance with the terms and conditions of the Part 70 license. Any document (including reports) required by a Part 70 license shall contain a certification by a responsible official.

(ii) For Part 70 sources out of compliance at time of issuance of the Part 70 license, a schedule of compliance consistent with subsection 2(B)(11) of this Chapter;

(iii) Progress reports consistent with an applicable schedule of compliance and subsection 2(B)(11) of this Chapter to be submitted at least every six (6) months, or at a more frequent period if specified in the Applicable requirement or by the Department. Such progress reports shall contain the following:

(a) Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and

(b) An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted;

(iv) Requirements for compliance certification with terms and conditions contained in the Part 70 license, including emission limitations, standards, or work practices and such additional requirements as may be specified pursuant to Sections 114(a)(3) and 504(b) of the CAA.

(3) Part 70 licenses for temporary sources shall include conditions that will assure compliance with all Applicable requirements and state requirements at all authorized locations, the requirements of this Chapter and the requirement that the owner or operator notify the Department at least ten (10) days in advance of each change in location.

(4) Permit Shield. The permit shield as specified in subsection 2(I) of this Chapter shall apply to the terms and conditions of the Part 70 license, except where the Part 70 license expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 license shall include the Department's Chapter 140: Part 70 Air Emission License Regulation -22-

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determination or a concise summary thereof for other Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source.

(5) HAPs. If an existing source is subject to a HAP emission limitation, the Part 70 license shall contain the applicable requirements of the HAP emission limitation as specified in subsection 6(E) of this Chapter in addition to the relevant requirements of subsection 3(E).

(6) Ambient Air Quality Impact Analysis. The Part 70 license shall include a section summarizing any required ambient air quality impact analysis.

(7) Standard Statements and Conditions. All Part 70 licenses shall include and be subject to the following standard statements and conditions:

(a) Standard Statements

(i) Approval to construct shall become invalid if the source has not commenced construction within eighteen (18) months after receipt of such approval or if construction is discontinued for a period of eighteen (18) months or more. The Department may extend this time period upon a satisfactory showing that an extension is justified, but may condition such extension upon a review of either the control technology analysis or the ambient air quality standards analysis, or both;

(ii) The Part 70 license does not convey any property rights of any sort, or any exclusive privilege;

(iii) All terms and conditions are enforceable by EPA and citizens under the CAA unless specifically designated as state enforceable.

(iv) The licensee may not use as a defense in an enforcement action that the disruption, cessation, or reduction of licensed operations would have been necessary in order to maintain compliance with the conditions of the air emission license;

(v) Notwithstanding any other provision 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, regulation, or Part 70 license requirement.

(vi) Compliance with the conditions of this Part 70 license shall be deemed compliance with any applicable requirement as of the date of license issuance and is deemed a permit shield, provided that:

(a) Such applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or

(b) The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not Chapter 140: Part 70 Air Emission License Regulation -23-

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applicable to the source, and the Part 70 license includes the determination or a concise summary thereof.

Nothing in this section or any Part 70 license shall alter or affect the provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303; the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; or the ability of EPA to obtain information from a source pursuant to Section 114 of the CAA.

(vii)The Part 70 license shall be reopened for cause by the Department or EPA, prior to the expiration of the Part 70 license, if:

(a) Additional applicable requirements under the CAA become applicable to a Part 70 major source with a remaining Part 70 license term of 3 or more years. However, no reopening is required if the effective date of the requirement is later than the date on which the Part 70 license is due to expire, unless the original Part 70 license or any of its terms and conditions has been extended pursuant to Chapter 140;

(b) Additional requirements (including excess emissions requirements) become applicable to a Title IV source under the acid rain program. Upon approval by EPA, excess emissions offset plans shall be deemed to be incorporated into the Part 70 license;

(c) The Department or EPA determines that the Part 70 license contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the Part 70 license; or

(d) The Department or EPA determines that the Part 70 license must be revised or revoked to assure compliance with the applicable requirements.

The licensee shall furnish to the Department within a reasonable time any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the Part 70 license or to determine compliance with the Part 70 license.

(viii)No license revision or amendment shall be required under any approved economic incentives, marketable licenses, emissions trading and other similar programs or processes for changes that are provided for in the Part 70 license.

(b) Standard Conditions

(i) Employees and authorized representatives of the Department shall be allowed 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 and this license;

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(ii) The licensee shall acquire a new or amended air emission license prior to commencing construction of a modification, unless specifically provided for in this Chapter;

(iii) The licensee 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;

(iv) The licensee shall pay the annual air emission license fee to the Department, calculated pursuant to Title 38 MRSA §353.

(v) The licensee shall maintain and operate all emission units, air pollution control and monitoring systems required by the air emission license in a manner consistent with good air pollution control practice for minimizing emissions;

(vi) The licensee shall maintain sufficient records to accurately document compliance with emission standards and license conditions and shall maintain such records for a minimum of six (6) years. In addition, the licensee shall retain records of all required monitoring data and support information for a period of at least six (6) years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip- chart recordings for continuous monitoring instrumentation, and copies of all reports required by the Part 70 license. The records shall be submitted to the Department upon written request or in accordance with other provisions of this license;

(vii)The licensee shall comply with all terms and conditions of the air emission license. The submission of notice of intent to reopen for cause by the Department, the filing of an appeal by the licensee, the notification of planned changes or anticipated noncompliance by the licensee, or the filing of an application by the licensee for the renewal of a Part 70 license or amendment shall not stay any condition of the Part 70 license.

(viii)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 licensee shall:

(a) perform stack testing 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;

(ii) to demonstrate compliance with the applicable emission standards; or

(iii) pursuant to any other requirement of this license to perform stack testing.

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(b) install or make provisions to install test ports that meet the criteria of 40 CFR Part 60, Appendix A, and test platforms, if necessary, and other accommodations necessary to allow emission testing; and

(ix) If the results of a stack test performed under circumstances representative of the facility's normal process and operating conditions indicates emissions in excess of the applicable standards, then:

(a) within thirty (30) days following receipt of such test results, the licensee 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 stack 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 licensee may, upon the approval of the Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis prior to a demonstration of compliance under normal and representative process and operating conditions.

(x) The licensee shall maintain records of all deviations from license requirements. Such deviations shall include, but are not limited to malfunctions, failures, downtime, and any other similar change in operation of air pollution control systems or the emission unit itself that is not consistent with the terms and conditions of the air emission license.

(a) The licensee shall notify the Commissioner within 48 hours of a violation of any emission standard and/or a malfunction or breakdown in any component part that causes a violation of any emission standard, and shall report the probable cause, corrective action, and any excess emissions in the units of the applicable emission limitation;

(b) The licensee shall submit a report to the Department on a quarterly basis if a malfunction or breakdown in any component part causes a violation of any emission standard, together with any exemption requests.

Pursuant to 38 MRSA §349(9), the Commissioner may exempt from civil

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penalty an air emission in excess of license limitations if the emission occurs during start-up or shutdown or results exclusively from an unavoidable malfunction entirely beyond the control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption under this subsection.

(xi) Upon the written request of the Department, the licensee shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment, sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine the licensee's compliance status.

(xii) The licensee shall submit semiannual reports of any required periodic monitoring by January 31 and July 31 of each year, or on an equivalent schedule specified in the license. All instances of deviations from Part 70 license requirements must be clearly identified in such reports. All required reports must be certified by a responsible official.

(xiii)The licensee shall submit a compliance certification to the Department and EPA annually by January 31 of each year, or more frequently if specified in the Applicable requirement or by the Department. The compliance certification shall include the following:

(a) The identification of each term or condition of the Part 70 license that is the basis of the certification;

(b) The compliance status;

(d) The method(s), specified in the source’s license and information not specifically required by the license, used for determining the compliance status of the source, currently and over the reporting period; and

(e) Such other facts as the Department may require to determine the compliance status of the source;

F. Criteria for license approval

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The Department shall grant the Part 70 license, if the following criteria are met:

(1) The Department has received a complete application for a Part 70 license pursuant to this Chapter;

(2) The emissions will receive best practical treatment (BPT), including, but not limited to, the requirements specified in subsection 3(D)(3) of this Chapter;

(3) The emissions will not violate state standards adopted by the Department pursuant to Title 38 MRSA §585 or can be controlled so as not to violate the same;

(4) The emissions either alone or in conjunction with existing emissions will not violate or can be controlled so as not to violate ambient air quality standards including, but not limited to, ambient increments as adopted by the Department pursuant to Title 38 MRSA §584; or for those sources locating within or significantly impacting a federal nonattainment area, the impact to ambient air quality standards is consistent with any plan demonstrating Reasonable Further Progress as defined in Section 171 of the CAA;

(5) If the source is subject to a HAP emission limitation, the source has met the criteria as specified in subsection 6(F) of this Chapter.

(6) If the Department determines that the emissions from an existing source are reasonably attributable to the adverse impact on Air Quality Related Values in any Class I area, BART, as specified in subsection 3(D)(5) of this Chapter will apply to the emissions;

(7) The conditions of the Part 70 license provide for compliance with all Applicable requirements, state requirements and the relevant requirements of this Chapter;

(8) The Part 70 license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.

(9) The Department and applicant have complied with the public participation, affected states and EPA notification and review procedures for issuance of a Part 70 license pursuant to subsections 3(C) and 3(G) of this Chapter;

(10) All control technology requirements, including, but not limited to, BPT, BACT, RACT, MACT, LAER, and other operating limitations, imposed in the air emission license will be complied with;

(11) If the applicant proposes to change the emission limit upon which an air quality impact analysis was based, the applicant may be required to provide a new ambient air quality impact analysis for the new emission limit; and

(12) If an air emission license renewal can be granted only if the licensee installs additional emissions controls or other mitigating measures, then the licensee may continue to emit pollutants from emission sources that will receive these controls or measures up to the same

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level allowed in its existing license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than twenty four (24) months after the Department issues the license renewal, except as provided in this subsection. After a showing of the licensee that it can not install and bring to full operation the required emission controls or mitigating measures within the twenty four (24) month period, the Department may establish a later date for the installation and operation. No such compliance schedule shall excuse any violation of an Applicable requirement. This provision is limited to state only requirements.

G. Draft Notification

(1) A comment period of 30 days shall be held for the public and affected states on the Part 70 draft license, as described in subsection 2(K) of this Chapter.

(2) After the end of the public review period stated above, EPA shall have a comment period of 45 days on the Part 70 draft proposed license as described in subsection 2(L) of this Chapter.

4. Part 70 Acid Rain Sources

The Department hereby adopts and incorporates by reference the provisions of 40 CFR Part 72, as in effect on January 11, 1993, and as amended March 23, 1993, and October 24, 1997, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. In the event the provisions or requirements of 40 CFR Part 72 conflict with, or are not included in this Chapter, the Part 72 provisions and requirements shall apply and take precedence. For the purposes of this section, the term, "permitting authority," shall mean the Department, and the term, "Administrator," shall mean the Administrator of the U.S. Environmental Protection Agency.

A. Schedule

Submittal of permit applications and the permitting of affected sources shall occur in accordance with the deadlines in Title IV of the Act and the regulations promulgated thereunder. If the applicant is applying for an initial Phase II acid rain permit, an application shall be submitted by January 1, 1996 for sulfur dioxide, and by January 1, 1998 for nitrogen oxides, or by such other deadlines established under Title IV of the CAA and the regulations promulgated thereunder.

B. Required Application Information

The application shall be on a nationally-standardized form in addition to the application form and information required in subsection 2(B) of this Chapter. The applicant shall also include a compliance plan with regard to the schedule and method(s) the Title IV source will use to achieve compliance with the acid rain emissions limitations promulgated under Title IV of the CAA.

C. License Content

In addition to the information in subsection 3(E) of this Chapter, the following shall be included in the air emission license for a Title IV source:

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(1) A statement that an amendment is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require an amendment under any other Applicable requirement.

(2) The compliance plan content requirements specified in Section 4 of this Chapter shall apply and be included in the acid rain portion of a compliance plan for an Title IV source, except as specifically superseded by regulations promulgated under Title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(3) A license condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.

(a) No license revision shall be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a license revision under any other Applicable requirement.

(b) No limit shall be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other Applicable requirement.

(c) Any such allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the CAA.

(4) The Part 70 license shall state that, where an Applicable requirement of the CAA is more stringent than an Applicable requirement of regulations promulgated under Title IV of the CAA, both provisions shall be incorporated into the license and shall be enforceable by the EPA.

D. Nothing in the permit shield, specified in subsection 2(I) of this Chapter, or any Part 70 license shall alter or effect the Applicable requirements of the acid rain program, consistent with Section 408(b) of the CAA.

E. Part 70 General Licenses

Part 70 General licenses shall not be granted for Title IV sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the CAA.

F. Modifications for Acid Rain sources pursuant to Title IV of the CAA shall provide an opportunity for public comment and review including public notice and the offering of an opportunity for public comment and a public meeting, and shall be governed by 40 CFR Part 72.

G. A Part 70 source shall be prohibited from making, without a permit revision, if such changes are subject to any requirements under Title IV of the Act or are Title I modifications or a modification or reconstruction under any provision of Section 111, or 112 of the CAA.

H. A license modification or license amendment for purposes of the acid rain portion of the license shall be governed by regulations promulgated under Title IV of the Act. Chapter 140: Part 70 Air Emission License Regulation -30-

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5. New Source Review for a New Part 70 Source, Major Modification or Minor Modification of a Part 70 Source. The applicant shall obtain a license pursuant to the provisions of 06-096 CMR 115.

6. HAP Emission Limitations

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; and

(2) Case-by-case MACT determinations

(a) The Department shall 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 shall 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 shall 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 CFR Part 63.41.

B. Schedule

(1) If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source and three (3) years or more remain before a Part 70 license expires, an application must be submitted within the six (6) months following EPA's promulgation of the HAP emission limitation. If less than three (3) 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

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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;

(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 CMR 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 regulation, 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 emission 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 emission unit, stated in terms that would be federally enforceable, as defined by EPA;

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

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(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;

(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 Section 112(d) or Section 112(h) of the Clean Air Act or adopted presumptive MACT determination for the source category which includes the constructed or reconstructed major

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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 eighteen (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 shall 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, record keeping, 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, 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 (3) 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 (3) years following the issuance of the Title V permit 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, no 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

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standards until five (5) 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, shall not be required to comply with the standard until three (3) 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 (3) years immediately after promulgation.

F. Criteria for license approval

The Department shall 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 applicant shall provide a copy of the Part 70 draft license to the affected states for a comment period of 30 days. The comment period shall begin on or before 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 shall be held for the public on the Part 70 draft license, as described in subsection 2(K) of this Chapter.

(3) After the end of the affected states review and public comment period stated above, EPA shall have a comment period of 45 days on the Part 70 draft proposed license as described in subsection 2(L) of this Chapter.

7. Part 70 Administrative Revision

A. Applicability

Part 70 Administrative Revision procedures may be used for the correction of typographical errors, change in the name, address, or phone number of any person or facility identified in the Part 70 license, or a similar administrative change, or the change to more frequent monitoring, reporting, recordkeeping or testing requirements.

An “administrative license revision” is a license revision that:

(1) Corrects typographical errors;

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(2) Identifies a change in the name, address or phone number of any person identified in the license , or provides a similar minor administrative change at the source;

(3) Requires more frequent monitoring or reporting by the licensee;

(4) Allows for a change in ownership or operational control of a source where the licensing authority determines that no other change in the license is necessary, provided that a written agreement containing a specific date for transfer of license responsibility, coverage, and liability between the current and new licensee has been submitted to the licensing authority; or

(5) Incorporates any other type of change which the Administrator has determined as part of the approved Part 70 program to be similar to those in paragraphs 40 CFR § 70.7(d)(1)(i) through (iv).

B. Schedule

(1) The applicant may request a Part 70 Administrative Revision at any time during the term of a Part 70 license.

(2) The Department shall take no more than 60 days from receipt of a request for a Part 70 Administrative Revision to take final action on such request.

C. Application Notification

No application notification is required for the processing of a Part 70 Administrative Revision. The source may implement the changes addressed in the request for a Part 70 Administrative Revision immediately upon submittal of the request.

D. Required Application Information

(1) The application submission shall consist of a written request documenting the Part 70 Administrative Revision with the reason for the request, along with any relevant information for the revision. The signatory sheet signed by a responsible official shall be included in the submittal.

(2) The application submission shall include verification that the proposed modification meets the criteria for use of the Part 70 Administrative procedures and a request that such procedure be used.

E. License Content

A Part 70 Administrative Revision shall contain the following:

(1) A description of the revision and the reason for the request.

(2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the revisions, including the relevant requirements of subsection 3(E).

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(3) Specific designation as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.

(4) The permit shield, as specified in subsection 2(I) shall not apply to the terms and conditions of the Part 70 Administrative Revision license.

F. Criteria for license approval

The Part 70 Administrative Revision shall be granted if the Department determines that the revision meets the applicability criteria specified above in subsection 7(A) of this Chapter and will not violate any Applicable requirements and state requirements.

The Part 70 license shall specifically designate as state enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.

G. Draft Notification

Draft notification is not required for a Part 70 Administrative Revision.

8. Part 70 Section 502(b)(10) Change

A. Applicability

Changes within a Part 70 facility (or one operating pursuant to Section 503(d) of the CAA) may be made without requiring a license revision if the changes are not modifications under Section 5 of this chapter and the changes do not cause emissions in excess of the standards in the permit (whether expressed therein as a rate of emissions or in terms of total emissions) and qualify as a 502 change of the Clean Air Act.

B. Schedule

The applicant may make a Section 502(b)(10) Change at any time during the term of a Part 70 license.

C. Notification

The facility must provide the EPA and the Department with written notification of a Section 502(b)(10) Change a minimum of 7 days in advance of the proposed changes.

D. Required Notification Information

(1) The application submission shall consist of a letter requesting the Section 502(b)(10) Change with the reason for the request, along with any relevant information for the change. The signatory sheet signed by a responsible official shall be included in the submittal.

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(2) The application submission shall include verification that the proposed modification meets the criteria for use of a Section 502(b)(10) Change procedure and a request that such procedure be used.

E. Criteria for license approval

Changes must not be physical changes in, or changes in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted and the changes do not exceed the emissions allowable under the license (whether expressed therein as a rate of emissions or in terms of total emissions).

F. Draft Notification

Draft notification is not required for a Section 502(b)(10) Change.

9. Part 70 Minor License Modification

A. Applicability

Part 70 Minor License Modification procedures may be used only for those license changes that:

(1) Do not violate any Applicable requirement or state requirement;

(2) Do not involve significant changes to existing monitoring, reporting, or record keeping requirements in the license;

(3) Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts or a visibility or increment analyses;

(4) Do not seek to establish or change a Part 70 license term or condition for which there is no corresponding underlying Applicable requirement, and that the source has assumed to avoid an Applicable requirement to which the source would otherwise be subject. Such terms and conditions include:

(a) A federally enforceable emissions cap assumed to avoid classification as a modification or reconstruction under Section 112 of the CAA, or as a Title I Modification under the CAA; and

(b) An alternative emissions limit approved pursuant to regulations promulgated under Section 112(i)(5) of the CAA;

(5) Are not a modification or reconstruction under Section 111 or 112 of the CAA, or a Title I Modification under the CAA; and

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(6) Are not required by the Department to be processed as a significant modification.

Notwithstanding 1 through 6, Part 70 Minor License Modification procedures may be used for license modifications involving the use of economic incentives, marketable licenses, intrafacility emission trading, and other similar approaches, to the extent that such Part 70 Minor License Modification procedures are explicitly provided for in an applicable implementation plan or in Applicable requirements promulgated by EPA.

B. Schedule

(1) The applicant may request a Part 70 Minor License Modification at any time during the term of a Part 70 license.

(2) The Department may approve, but may not issue, a final Part 70 Minor License Modification until after EPA's 45-day review period or until EPA has notified the Department that EPA will not object to issuance, whichever is first. Within 90 days of the Department's receipt of an application under Part 70 minor license modification procedures or 15 days after the end of the EPA's 45-day review period, whichever is later, the Department shall:

(a) Issue the Part 70 Minor License Modification as proposed;

(b) Deny the Part 70 Minor License Modification application;

(c) Determine that the requested Part 70 Minor License Modification does not meet the Part 70 Minor License Modification criteria; or

(d) Revise the draft license and transmit to the EPA the new proposed Part 70 Minor License Modification.

(3) The source may make the changes proposed in its Part 70 Minor License Modification application immediately after it files an application, only if such application includes the suggested draft of subsection 9(D)(3) of this Chapter. After the source makes the change allowed by the preceding sentence, and until the Department takes any of the actions specified in this section, the source must comply with both the Applicable requirements governing the change and the suggested draft license terms and conditions. During this time period, the source need not comply with the existing license terms and conditions it seeks to modify.

However, if the source fails to comply with its proposed license terms and conditions during this time period, the existing license terms and conditions it seeks to modify may be enforced against it.

C. Application Notification

(1) No application notification is required for the processing of a Part 70 Minor License Modification.

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

D. Required Application Information

(1) The application form as specified in subsection 2(B) of this Chapter that contains the applicable required information.

(2) In addition, the applicant shall provide the following information:

(a) A description of the change, the emissions resulting from the change, and any new Applicable requirements and state requirements that will apply if the change occurs; and

(b) Certification by a responsible official that the proposed modification meets the criteria for use of Part 70 Minor License Modification procedures and a request that such procedures be used.

(3) The applicant shall also submit a suggested draft license, if the source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application.

E. License Content

A Part 70 Minor License Modification shall contain the following:

(1) A description of the change and the reason for the request, and

(2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the change.

(4) The permit shield, as specified in subsection 2(I) shall not apply to the terms and conditions of the Part 70 Minor License Modification.

F. Criteria for license approval

The Part 70 Minor License Modification shall be granted if the Department determines that the change meets the applicability criteria specified above in subsection 9(A) of this Chapter and will not violate any Applicable requirement or state requirement of the Part 70 source.

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G. Draft Notification

(1) The applicant shall provide a copy of the suggested draft license to the affected states and to the EPA within 5 days of submitting the application to the Department, if the source wishes to make the changes proposed in its Part 70 Minor License Modification application immediately after it files the application.

(2) For Part 70 Minor License Modifications, the applicant shall provide a copy of the Part 70 draft proposed license to the affected states for a 30 day comment period as specified for in subsection 2(K) of this Chapter, as applicable only for affected states review.

(3) EPA shall have a comment period on the draft Part 70 minor license modification for 45 days 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. The 45 day comment period shall begin on the date the affected states or EPA receives a copy of the Part 70 Minor License Modification draft proposed license, or when EPA receives the Department's explanation for why it has refused to accept an affected state's comment when the comment is not acted upon by the Department, whichever is later.

10. Part 70 Significant License Modification

A. Applicability

Part 70 Significant License Modification procedures shall be used for applications requesting license changes that do not qualify as Administrative Revisions or Part 70 Minor License Modifications.

Part 70 Significant License Modification procedures shall be used for applications requesting license changes that are determined by the Department to be substantial changes in existing monitoring and testing license terms or conditions and any relaxation of testing, reporting or record keeping license terms or conditions.

Any variance or compliance extension issued pursuant to Title 38 MRSA § 587 and 590 for a Part 70 source shall be processed as a Part 70 Significant License Modification and be subject to the terms and conditions for the issuance of a Part 70 Significant License Modification.

B. Schedule

The applicant may request a Part 70 Significant License Modification at any time during the term of a Part 70 license.

C. Application Notification

(1) No application notification is required for the processing of a Part 70 Significant License Modification.

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

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D. Required Application Information

(1) The application form as specified in subsection 2(B) of this Chapter that contains the applicable required information.

(2) In addition, the applicant shall provide the following information:

(a) A description of the change, the emissions resulting from the change, and any Applicable requirements and state requirements that pertain to the change; and

(b) Certification by a responsible official that the proposed modification meets the criteria for use of Part 70 Significant License Modification procedures and a request that such procedures be used.

E. License Content

A Part 70 Significant License Modification shall contain the following:

(1) A description of the change and the reason for the request, and

(2) Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the change.

(4) Permit shield. The permit shield as specified in subsection 2(I) of this Chapter shall apply to the terms and conditions of the Part 70 Significant License Modification license, except where the Part 70 Significant License Modification license expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 Significant License Modification license shall include the Department's determination or a concise summary thereof for other Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source.

F. Criteria for license approval

The Part 70 Significant License Modification shall be granted if the Department determines that the change meets the applicability criteria specified above in subsection 10(A) of this Chapter and will not violate any Applicable requirements and state requirements of the Part 70 source.

G. Draft Notification

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(1) For Part 70 Significant License Modification, a comment period of 30 days shall be held for the public and affected states on the Part 70 draft license, as described in subsection 2(K) of this Chapter.

(2) EPA shall have a comment period on the Part 70 Significant License Modification draft proposed license for 45 days 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. The 45 day comment period shall begin on the date EPA receives a copy of the Part 70 Significant License Modification draft proposed license, or when EPA receives the Department’s explanation for why it has refused to accept an affected state’s comment when the comment is not acted up on by the Department, whichever is later.

11. Intrafacility Emission Trading

The Department shall allow intrafacility emission trading within a facility without requiring an amendment to the Part 70 license if the intrafacility emission trade will not violate any BPT findings, and is an intrafacility emission trade that:

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Does not exceed the emissions allowable under the Part 70 license (emissions cap), whether expressed therein as a rate of emissions or in terms of total emissions, the intrafacility emission trade is not a Title I modification or a modification or reconstruction under any provision of Section 111 or 112 of the CAA, is not a HAP intrafacility emission trade, and meets the following criteria:

A. Trading Under the Permitted Emissions Caps

The Department shall include in the Part 70 license an emissions cap, pursuant to a request submitted by the applicant, consistent with any specific emission limits or restrictions otherwise required in the license by any Applicable requirements, and license terms and condition for intrafacility emission trading solely for the purposes of complying with that emissions cap.

The responsible official for the Part 70 source shall provide EPA and the Department with written notification at least seven (7) days in advance of the proposed intrafacility emission trade. The notice must include the following information:

(1) A description of the intrafacility emission trade to be made within the licensed facility;

(2) The date on which the proposed intrafacility emission trade will occur; and

(3) A statement on how emission increases and decreases will comply with the conditions of the Part 70 license.

(4) The Part 70 source, the Department and the EPA shall attach each notice required by this section to their copy of the relevant Part 70 license.

B. Trading Under the Implementation Plan

For Part 70 licenses that do not contain provisions for intrafacility emission trading, the Department shall provide for intrafacility emission trading increases and decreases, where the applicable implementation plan provides for such intrafacility emission trading without requiring a permit revision and based on the 7 day notice provided for below.

(1) A description of the intrafacility emission trades to be made within the licensed facility;

(2) The date on which the proposed intrafacility emission trade will occur;

(3) Identification of the license terms which may be replaced with the intrafacility emission trading provisions in the state implementation plan;

(4) Identification of the Part 70 license requirements with which the Part 70 source will comply using the intrafacility emission trading provisions of the state implementation plan;

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(5) Identification of the pollutants emitted subject to the intrafacility emission trades; and

(6) A reference to the provisions in the state implementation plan with which the Part 70 source will comply and that provide for the intrafacility emission trades.

The Part 70 source, the Department and the EPA shall attach each notice required by this section to their copy of the relevant Part 70 license.

C. Amending the Part 70 license to Incorporate Intrafacility Emission Trading Provisions

For Part 70 licenses that do not contain provisions for intrafacility emission trading, and the licensee would like to establish such provisions within the Part 70 license, and:

(1) The State Implementation Plan does not provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Significant License Modification license procedures, renewal of a Part 70 license, or initial source Part 70 license procedures to include conditions of the Part 70 license that allow for intrafacility emission trading increases and decreases; or

(2) The State Implementation Plan does provide for such intrafacility emission trading, the licensee shall be required to submit an application to amend the Part 70 license through the Part 70 Minor License Modification license procedures to include conditions of the Part 70 license that allow for intrafacility emission trading increases and decreases substantially identical to those provided for in the SIP.

D. Part 70 License Intrafacility Emission Trading Provision Requirements

The Part 70 license must contain the following conditions, to incorporate provisions for intrafacility emission trading, that are requested by the applicant and approved by the Department:

(1) An emissions cap that is consistent with any specific emission limits or restrictions otherwise required in the Part 70 license by any Applicable requirements and state requirements. The emissions cap shall be only for the emission units which are quantifiable and have replicable procedures and license terms that ensure the emissions cap in enforceable and transfers pursuant to it are quantifiable and enforceable;

(2) Conditions for intrafacility emission trading solely for the purposes of complying with the emissions cap required by this section; and

(3) Conditions to assure compliance with all Applicable requirements and state requirements.

(4) The permit shield described in subsection 2(I) of this Chapter may extend to those intrafacility emission trades made pursuant to subsection 11(A) of this Chapter, but the permit shield shall not extend to any change made pursuant to subsection 11(B) of this Chapter.

12. Part 70 License Transfer

The following outlines the procedures for issuing a Part 70 License Transfer:

A. Applicability

The transferee shall abide by all of the conditions of the Part 70 license and is jointly or severally liable with the original licensee for any violation of the terms and conditions thereof pending determination on the application for approval of a transfer. Chapter 140: Part 70 Air Emission License Regulation -46-

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B. Schedule

An application for a Part 70 License Transfer shall be submitted to the Department no later than two weeks after any transfer of property subject to a Part 70 license.

C. Application Notification

The applicant shall publish notice of Intent to File as specified in subsection 2(D) of this Chapter.

D. Required Application Information

(1) Identifying new information, including company name and address (or plant name and address if different from the company name), owner's name, agent and telephone number, responsible official's name and address, telephone number and names of plant site manager or designated contact person;

(2) A letter including the following information:

(a) The full name and address of the new owner;

(b) The date of the official sale;

(c) A copy of the purchase agreement or deed showing transfer of ownership, or demonstration of title, right, or interest;

(d) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

(e) A demonstration of technical capacity of the new owner and intent to:

(i) Comply with all conditions of the Part 70 license, and

(ii) To satisfy all statutory criteria.

(3) The signatory sheet from a responsible official.

E. License Content

The Part 70 License Transfer shall contain the following:

(1) Full name and address of new owner and the date of transfer of ownership;

(2) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

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(3) A statement describing the technical capacity of the new owner.

F. Criteria for license approval

Approval for a Part 70 License Transfer shall be based on the acceptability of the information required in the application submittal.

G. Draft Notification

Draft notification is not required for a Part 70 License Transfer.

13. Part 70 General Licenses

The Department may, on a case-by-case basis, issue a Part 70 General license for specific source categories. A source qualifying for an existing Part 70 General license must apply to the Department to be licensed under the terms of the Part 70 General license or must apply for a Part 70 license through the procedures described in Section 3 or Section 5 of this Chapter, whichever is relevant.

A. Issuance of a Part 70 General license

(1) The Part 70 General license shall be issued by the same process as any Part 70 license, including public participation and review.

(2) The terms and conditions of any Part 70 General license shall be consistent with subsection 3(E) of this Chapter and shall provide for compliance with all Applicable requirements and state requirements of other Part 70 licenses.

(3) The Part 70 General license shall identify criteria by which Part 70 sources may qualify for the Part 70 General license.

(4) The Part 70 General license shall specify the deadline for existing sources for the submission of requests for authorization and the date(s) when a person is authorized to operate under the Part 70 General license.

B. Requirements to apply under a Part 70 General license

(1) Owners or operators of Part 70 sources that qualify for a Part 70 General license must apply in writing to the Department to be licensed under the terms and conditions of the Part 70 General license in accordance with the requirements of this subsection.

(2) Owners or operators of Part 70 sources that qualify for a Part 70 General license shall give public notice of Intent to File as stated in subsection 2(D) of this Chapter.

(3) An application for a Part 70 General license must include the following information necessary to determine qualification for, and to assure compliance with, the Part 70 General license:

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(a) The application form as specified in subsection 2(B) of this Chapter that contains the required information, including any information necessary to determine whether the applicant qualifies to operate under the General license.

(b) The certification of the responsible official and a copy of the published public notice of Intent to File as specified in subsections 3(D) and 3(C) of this Chapter.

C. Granting Approval Under a Part 70 General license

The Department shall grant the conditions and terms of the Part 70 General license to a Part 70 source upon request, if the Part 70 source meets the following criteria:

(1) The source is similar to other sources for that category of Part 70 General licenses in regard to the following attributes:

(a) Air quality classification of the source's location;

(b) Proximity to Class I areas;

(d) Classification of areas downwind;

(e) Geographic area involved for the same or substantially similar types of operation;

(f) Emissions of the same type of air pollutants;

(g) Requires the same control systems or operating conditions;

(h) Requires the same or similar monitoring; and

(i) In the opinion of the Department, the source is more appropriately controlled under a Part 70 General license than under an individual Part 70 license.

(2) The Department shall grant a request for authorization to operate under an existing Part 70 General license to owners or operators of Part 70 sources that qualify, and may grant the Part 70 General license without repeating the public participation and affected state review procedures on the Part 70 draft license. Such a grant shall not be a final action by the Department for purposes of judicial review.

14. Ambient Air Quality Analysis

A. General requirement. It shall be the burden of any applicant to provide an affirmative demonstration that its emissions, in conjunction with all other sources, will not violate ambient air quality standards, except that Part 70 sources in nonattainment areas or which significantly

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impact a nonattainment area shall be required to demonstrate that the Part 70 source's emissions are consistent with Reasonable Further Progress provisions of the State Implementation Plan. An applicant may use ambient air monitoring, modeling, or other assessment techniques as approved by the Department and shall be consistent with EPA regulations and guidelines or other requirements under the CAA. The analyses shall include relevant emissions units at the Part 70 source, meteorological and topographical data necessary to estimate such impacts, and shall consider the impact of fugitive emissions, to the extent quantifiable, secondary emissions, and emissions from other existing sources including increases in mobile and area source emissions impacting the same area.

The level of analysis shall depend upon the size of the Part 70 source, the regulated air pollutants emitted, existing air quality, proximity to Class I or nonattainment areas, or areas where increment has been substantially consumed. (For the purposes of this subsection, the Class I area shall include any conservation easements under the jurisdiction of an appropriate Federal Land Manager as of August 7, 1977.) The air quality impact analysis, in general, will not be required of the applicant for those regulated pollutants that are not listed under "significant emissions increase" in Chapter 100 of the Department’s Regulations. The analysis shall be conducted in accordance with the provisions of subsection 14(C) of this Chapter, Chapter 116 of the Department’s Regulations and Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models.

Air quality modeling conducted as part of the licensing of a new Part 70 source or modification to a Part 70 source in the United States is substantially governed by the Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models. That modeling guidance was first promulgated in 1978 and by law, must be routinely updated by EPA. Thus, federal regulatory guidance on modeling and the list of acceptable models do change. The Department recognizes that air dispersion modeling guidance will be periodically updated, to reflect the latest federal guidance. To maintain an orderly licensing process in the State, applicants will be required to conform with those procedures and guidelines in effect at the time of Department approval of a written modeling protocol that meets all applicable requirements provided the applicant completes modeling, as approved, and submits its results within six (6) months of the date of approval of the protocol. If the protocol calls for collection of on-site meteorological data, then the starting date for the on-site data collection must be no later than 6 months after approval of the protocol and modeling results must be submitted within six (6) months of obtaining acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling protocol will require conformance with current applicable air dispersion modeling guidance.

(1) Ambient Air Quality Monitoring Requirements. Monitoring done by the owner or operator shall conform to the requirements of 40 CFR Part 58, Appendix B and the Department's Quality Assurance Plan (or other plan approved by the Department) during the operation of monitoring stations. It is recommended that a written protocol be developed by the owner or operator and the Department when a Part 70 source is required to conduct either pre-construction or post-construction monitoring. The protocol shall, at a minimum, specify the monitoring sites, frequency of sampling, data recovery, pollutants, and monitoring method(s).

(2) Air Quality Impact Modeling Requirements

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(a) All estimates of ambient concentrations required by an ambient or increment impact analysis shall be based on the relevant air quality models, data bases, and other requirements specified in the current Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models, and in accordance with subsection 14(C) of this Chapter, and Chapter 116 of the Department’s regulations. Fugitive emissions, to the extent quantifiable, shall be considered.

(b) All input, output and diagnostic files used in the final Class I and Class II standards and increment compliance modeling analyses and Class I AQRV and visibility modeling analyses shall be submitted to the Department on media formatted for use by computer software which the Department uses unless otherwise approved by the Department.

(c) Where an air quality impact model specified in the Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models, is inappropriate, the model may be changed or another model substituted; such change or substitution shall be subject to public comment and the written approval of the Department and the Regional Administrator of the U. S. Environmental Protection Agency or his designee. Methods like those outlined in the Protocol for Determining the Best Performing Model (EPA-454/R-92-025) and the Interim Procedures for Evaluating Air Quality Models: Experience with Implementation (EPA-450/4-85-006) should be used to determine the comparability of air quality models.

B. Renewal of a Part 70 license

(1) A previously submitted impact analysis shall be acceptable unless:

(a) It has been found to be deficient with respect to requirements set forth in subsection 14(A) of this Chapter;

(b) The impact analysis fails to reflect available information with respect to ambient air quality levels in the area, which, based upon the Department's expertise, may reasonably be expected to be significantly impacted by the Part 70 source;

(c) The Part 70 source emits a regulated pollutant for which an ambient air quality standard has been adopted and whose impact was not addressed in the original impact analysis;

(d) There are changes in stack or building configurations or other factors which are determined to significantly alter the dispersion characteristics of the Part 70 source.

(2) Continuation of an ambient air monitoring or meteorological monitoring program shall be made on a case-by-case basis at the time of the renewal. It shall be the burden of the applicant to demonstrate the adequacy of existing data, its relationship to past, present, and future facility operating conditions, and the adequacy of other means to document continuing compliance.

(3) An existing Part 70 source shall be exempt from an impact analysis with respect to a regulated pollutant whose allowable emissions, after the application of control technology requirements specified in Section 4 of this Chapter, do not exceed the following, unless the

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Part 70 source is located in or near a Class I area or an area where the available air quality is limited, or other extenuating circumstances exist:

(a) 50 tons per year (tpy) for SO2;

(b) 250 tpy for CO;

(d) 15 tpy for PM2.5 direct emissions;

(e) 50 tpy for NOx (measured as NO2);

(f) 0.6 tpy for Lead (Pb); or

(g) 0.2 tpy of total Chromium.

C. Modeling/data collection protocol. Any air quality dispersion modeling or data collection program shall be developed consistent with the following requirements:

(1) Guidance. All air quality dispersion modeling and meteorological data collection shall be conducted consistent with Section 14 of this Chapter and Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models.

NOTE: For major sources and major modifications, the applicant should consult with the Department and Federal Land Managers (potentially affected federal lands are listed in Classification of Air Quality Control Regions, 06-096 CMR 114) if Class I analyses are required, prior to submitting a modeling/data collection protocol. The applicant is responsible for obtaining the training necessary to perform the required air dispersion modeling and meteorological data collection.

(2) Variance from guidance. Upon an applicant's written request, the Department may grant a variance from any of the requirements set forth in Section 14 of this Chapter and Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models, when the Department finds that the alternative proposed by the applicant will not significantly affect the accuracy of the modeling, and/or when data collection results or compliance with the requirements specified in Section 14 of this Chapter and Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models is technically infeasible or economically unreasonable for the applicant. For any Part 70 source subject to PSD review, the variance shall be subject to EPA review, written approval, and shall be subject to notice and opportunity for public comment pursuant to 40 CFR Parts 51.160 (f) (2) and 51.166 (1) (2).

(3) Significant impact modeling protocol for SO2, NO2, CO, PM2.5 and PM10. Prior to undertaking significant impact modeling for SO2, NO2, CO, PM2.5 and PM10, the applicant shall provide in writing to the Department, a description of the following factors that the applicant proposes to use in the significant impact modeling demonstration (see Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models for more specific guidance): Chapter 140: Part 70 Air Emission License Regulation -53-

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(a) Operating scenarios, emission units and emission rates in English and metric units;

(b) Regulated air pollutants;

(d) Origin and period of meteorological data, including location of collection site relative to facility, meteorological parameters, instrument height, recovery rates, substitution techniques and QA/QC procedures;

(e) Receptor grid (listing of coordinates and elevations, topographic maps covering the receptor grid area map of receptors). A listing of all Digital Elevation Model (DEM) quadrangles used and method(s) used to convert DEM data to the proposed receptor grid shall also be included. If DEM data is being used to create a rectangular receptor grid, then the elevation of each receptor point shall be the highest elevation within the grid cell. The grid cell is defined as an area enclosed by boundaries located half way to the nearest receptor in each direction;

(f) Any special (e.g., fenceline, air intake or flagpole) receptors;

(g) Identity of emission units and emissions which are included in baseline;

(h) A properly scaled plot plan of the proposed facility with clearly marked true north indicator, building heights and an accurate scale ruler. Also, show the location of the source on a map or aerial photograph of the area; and

NOTE: An original plot plan is preferred, but if a photocopy is submitted, care should be taken to make sure that the scale is not changed on any area of the plot.

(i) Building dimension and Good Engineering Practice (GEP) analysis techniques. For each stack, all buildings that are large enough and close enough to influence the stack should be considered in the GEP analysis.

As expeditiously as possible and within thirty (30) calendar days of receipt of this information, the Department shall notify the applicant in writing that such information is complete and acceptable for modeling or notify the applicant in writing of the reason(s) why the information is not complete. If the information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to complete the protocol requirements.

(4) Submittal of significant impact modeling

(a) Prior to undertaking the final air quality dispersion modeling demonstration, the applicant shall submit the following for review:

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(i) Significant impact modeling results (If all modeled impacts of any regulated pollutant are below the significant impact levels for all averaging periods, then no further analysis is necessary for that pollutant);

(ii) Emissions data for regulated pollutants not in the significant impact modeling protocol;

(iii) A preliminary analysis of nearby sources that will not be included in the background concentration analysis;

NOTE: The Department is responsible for the final decision of off-site sources to be modeled. The Department will provide the applicant with a list of any additional sources that may have to be included in the final modeling analysis and the requisite model input data for these sources. This list will contain all data required for model input including source location(s), emission rates, stack parameters, and necessary building dimensions for the applicant to determine direction-specific building parameters.

(iv) Background concentration data. Conservative background values are available from the Department for all areas of the state. Should the applicant choose not to use the conservative background values supplied by the Department, the applicant shall be responsible for determining background values based on data normally supplied by and in consultation with the Department. For sources needing more refined background values, general guidance on determining background determinations based on monitoring data is provided in the most recent version of the Department’s Guideline Document for Background Air Quality Determinations. Particular care must be taken when determining background values so that they do not implicitly include any impacts of the source(s) being modeled in order to avoid double counting; and

Processed meteorological data base (if required by the Department). The use of five (5) consecutive years of off-site National Weather Service NWS) meteorological data (or other data equivalent or better in accuracy and detail to the NWS data) or at least 1 year of site specific data is the minimum requirement for modeling applications. If more than one (1) year (and up to five (5) years) of acceptable data is available, it shall be used in the air quality analysis. If there is a gap in data from a catastrophic incident or a persistent but subtle problem that evades detection, a two (2), three (3), four (4) or five (5) year on-site meteorological database acceptable for modeling purposes need not be compiled from two (2), three (3), four (4) or five (5) consecutive years or twenty-four (24), thirty-six (36), forty-eight (48) or sixty (60) consecutive months of data. If this is the case, then the applicant shall write to the Department requesting an exemption from the consecutive two (2), three (3), four (4) or five (5) year database requirement. If data requirements, source configurations or characteristics of the surrounding area change, the database may need to be updated after consultation with the Department. However, a requirement to collect a new database will neither preclude the applicant's ability to use the existing database in

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the interim data collection period nor require the applicant to redo any previously submitted analyses that used the original database.

(b) Within thirty (30) calendar days of receipt of this information, the Department shall notify the applicant of the following in writing:

(i) The submitted information is complete and acceptable for modeling or the reason(s) why the information is not complete. If the information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to complete the protocol requirements; and

(ii) For each regulated pollutant for which there are significant impacts, the Department shall specify which operating scenarios and other nearby sources, if any, needs to be further modeled.

If the applicant requests in writing, information in the possession of the Department that is required for modeling (for example, emissions which are included in baseline emissions, background data or other emissions data from nearby sources), the Department shall attempt to provide such information to the applicant within thirty (30) calendar days.

(5) Air quality dispersion modeling protocol. If impacts from SO2, NO2, CO, PM2.5 and PM10 are above significance or if there are other regulated pollutants to be modeled, then the applicant must provide in writing to the Department, a description of the following factors (if different from previously submitted data) that the applicant proposes to use in the air quality dispersion modeling (see Appendix W to 40 CFR Part 51 – Guideline on Air Quality Models for more specific guidance):

(a) Operating scenarios, emission units and emissions in English and metric units (including other nearby sources, if necessary);

(b) Regulated air pollutants;

(e) Receptor grid (listing of coordinates and elevations, topographic maps covering the receptor grid area, map of receptors and, if applicable, a listing of all Digital Elevation Model (DEM) quadrangles used and method(s) used to convert DEM data to the proposed receptor grid). If DEM data is being used to create a rectangular receptor grid, then the elevation of each receptor point shall be the highest elevation within the grid cell. The grid cell is defined as an area enclosed by boundaries located half way to the nearest receptor in each direction;

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(f) Any special (e.g., fenceline, air intake or flagpole) receptors;

(g) Identity of emissions which are included in baseline emissions;

NOTE: An original plot plan is preferred, but if a photocopy is submitted, care should be taken to make sure that the scale is not changed on any area of the plot.

(i) Building dimension and Good Engineering Practice (GEP) analysis techniques. For each stack; all buildings that are large enough and close enough to influence the stack should be considered in the GEP analysis. Submit all BPIP input and output files on media approved by the Department. All tiers of a building will be input as tiers and not as separate buildings and

(j) Background concentration data

Within thirty (30) calendar days of receipt of this information, the Department shall notify the applicant in writing that such information is complete and acceptable for modeling or notify the applicant in writing of the reason(s) why the information is not complete. If the information is not complete, the Department shall clearly identify the changes or additional information that must be submitted to complete the protocol requirements.

When all submitted information is considered complete and acceptable for modeling, the applicant shall perform air quality dispersion modeling and submit for review the air quality dispersion modeling analysis as part of the final application submittal.

(6) Presentation of final results

Once compliance with ambient air quality standards, ambient increments and other limitations has been demonstrated through modeling, the applicant shall prepare a written report documenting the source being modeled, the modeling effort, and a compliance demonstration. The following outline indicates the information required in the written report and information required to be submitted on media approved by the Department.

(a) Introduction (briefly give an overview of the project, the analyses conducted, and the results);

(b) Site and surroundings (describe the topography, demography, air quality control region and compliance status (attainment/nonattainment); include a topographic map section showing the site and a properly scaled plot plan of the proposed facility; include rural/urban classification and simple/complex terrain determination), topography and land-use need to be described in sufficient detail to specify roughness length if roughness length is a required input for the modeling system used in the analysis; Chapter 140: Part 70 Air Emission License Regulation -57-

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(d) Description of each emission unit at the source (describe the equipment/operations, emissions' controls, emissions' limits; list emissions and stack parameters for each emission unit in English and metric units);

(e) Screening modeling (describe the screening analyses performed):

(i) Modeling approach/model(s) used;

(ii) Model version used;

(iii) Model switch selections;

(iv) Source data (affected source and other nearby sources);

(v) Meteorological data; and

(vi) Receptor data; and

(vii) Screening results.

(f) Final compliance modeling analysis, (describe in detail modeling performed and results):

(i) Modeling approach/model(s) used;

(ii) Model version used;

(iii) Model switch selections;

(iv) Source data (affected source and other nearby sources);

(v) Meteorological data base. The meteorological data base shall be submitted on media approved by the Department if the applicant processed the meteorological data base;

(vi) Receptor data. A map of the receptor grid shall be submitted. (If applicable, all DEM data used to create the receptor grid shall be submitted on media approved by the Department); and

(vii)Modeling results (All input files needed to duplicate the final compliance model runs and all final compliance model output and diagnostic files shall be submitted on media approved by the Department.)

(g) Compliance demonstration (describe how the predicted concentrations comply with all applicable ambient air quality standards and ambient increments):

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(i) Background determination (include table of values);

(ii) Compliance with ambient air quality standards; and

(iii) Compliance with Class II Prevention of Significant Deterioration (PSD) increments (if applicable).

(h) Class I area impact assessment (if required), (describe any analyses made for federal Class I areas):

(i) Basis for assessment;

(ii) Modeling approach/model(s) used;

(iii) Model version used;

(iv) Model switch selections;

(v) Class I areas affected;

(vi) Emissions and conditions of operating scenarios;

(vii)Meteorological data;

(viii)Receptor grid;

(ix) Computational grid;

(x) Air quality impacts (ambient air quality standards and ambient increments);

(xi) Visibility (plume blight assessment (for regions within a Class I area that are affected by plumes or layers that are viewed against a background (generally within 50 kilometers of the source)) and regional haze assessment (for regions of a Class I area where visibility impairment from the source would cause a general alteration of the appearance of the scene (generally 50 kilometers or more away from the source or from the interaction of the emissions from multiple sources)) and other assessments that the Federal Land Manager and the Department agree should be assessed; and

(xii)All input files needed to duplicate the final Class I analysis model runs and all final Class I analysis model output and diagnostic files shall be submitted on media approved by the Department.

NOTE: The Department recommends that any applicant likely to be required to conduct and submit an air quality dispersion modeling analysis meet once with the Department staff prior to submitting the information specified in subsection 14(E)(5) of this Chapter. A failure by the Department to notify or provide information to the

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applicant as specified in this subsection does not constitute an approval of the proposed protocol and/or modeling.

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STATUTORY AUTHORITY: 38 M.R.S.A. §§ 590, 585-A

EFFECTIVE DATE: October 28, 1995

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 8, 1996

AMENDED: February 15, 1997 - Appendix C

NON-SUBSTANTIVE CORRECTIONS: May 16, 1997 insertion of missing Appendices A and B, which were formally adopted effective October 28, 1995. August 19, 1997 - minor formatting June 17, 1998 - Sections 2(H), 4 first paragraph

AMENDED: April 12, 2000 September 22, 2001 July 15, 2002 December 24, 2005 – filing 2005-501 December 1, 2012 - filing 2012-338 ______

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(APA Office Note: Appendix A repealed by filing 2001-405 effective September 22, 2001.)

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APPENDIX B

CHAPTER 140

INSIGNIFICANT ACTIVITIES

Insignificant Activities

A unit or activity may be considered insignificant, but still be subject to applicable requirements.

A. Categorically Exempt

The following insignificant units and activities are exempt from being included on a Chapter 140 license application and Chapter 140 license:

1. Recreational fireplaces, including the use of barbecues, campfires and ceremonial fires. 2. Office activities. 3. Blue printing operations. 4. Paper trimmers/binders. 5. Personal care activities. 6. Flares used to indicate danger to the public. 7. Food preparation for human consumption including cafeterias, kitchen facilities and barbecues, located at a source for providing food service on the premises. 8. Materials and equipment used by, and activity related to operation of an infirmary, where the infirmary is not the source's business activity. 9. Comfort air conditioning or air cooling systems, not used to remove regulated pollutants from specific equipment (unless subject to Part 82). 10. Natural draft hoods, natural draft stacks, or natural draft ventilators for sanitary and storm drains. 11. Natural and forced air vents and stacks, for bathroom/toilet facilities. 12. Plant upkeep including routine housekeeping, preparation for and painting of structures or equipment, retarring roofs, applying insulation to buildings in accordance with applicable environmental and health and safety requirements and paving or stripping of parking lots. 13. Cleaning and sweeping of streets and paved surfaces. 14. Fugitives from application of sand in the winter months, where the sand is used for vehicle or pedestrian safety. 15. Repair and maintenance activities, not involving installation of an emissions unit and not increasing the potential to emit of regulated pollutants. 16. Routine repair of equipment using commercially available cleaners, lubricants, etc. 17. Lawn and landscaping activities. 18. Agricultural activities on a facility's property that are not subject to registration or new source review by the Department 19. Structural changes not having regulated pollutant emissions. 20. Portable drums and totes. 21. Internal combustion engines for propelling or powering a vehicle. 22. Vehicle exhaust from auto maintenance and repair shops. General vehicle maintenance

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including vehicle exhaust from repair facilities. 23. Mobile transport tanks on vehicles. 24. Fuel and exhaust emissions, from vehicles in parking lots. 25. Storage tanks, mixing, packaging, storage and handling activities, reservoirs and pumping and handling equipment of any size, limited to soaps, lubricants, hydraulic fluid, thermal oil, vegetable oil, grease, animal fat, aqueous salt solutions or other materials and processes, using appropriate lids and covers where there is no generation of objectionable odor or airborne particulate matter. 26. Pressurized storage of oxygen, nitrogen, carbon dioxide, or inert gases. 27. Sodium hydroxide storage tanks. 28. Vents from continuous emissions monitors and other analyzers. 29. Vents from rooms, buildings and enclosures (including elevator vents), that contain permitted emissions units or activities from which local ventilation, controls and separated exhaust are provided. 30. Manual wall or roof vents and powered wall or roof vents, used for temperature control of a building or structure. 31. Material, gas and chemical storage area vents, where closed containers are present. 32. CO2 lasers, used only on metals and other materials, which do not emit HAPs in the process. 33. Acetylene, butane, and propane torches. 34. Manufacturing brazing, soldering and welding equipment and oxygen-hydrogen cutting torches, for use in cutting metal where in components of the metal do not generate significant HAPs or HAP precursors per Section C of Appendix B. 35. All manufacturing welding, including arc welding, where emissions of particulate matter are vented to a control device located and vented inside the building (not to include HAP or VOC emissions). 36. Metal finishing or cleaning using tumblers which do not emit VOCs or HAPs. 37. Metal casting molds and molten metal crucibles that do not contain potential VOCs or HAPs. 38. Metal or glass heat-treating, in absence of molten materials, , VOCs, or HAPs. 39. Drop hammers or hydraulic presses for forging or metalworking. 40. Electrolytic deposition which do not produce HAPs. 41. Metal fume vapors from electrically heated foundry/forge operations wherein the components of the metal do not generate HAPs or HAP precursors. Electric arc furnaces are excluded from consideration for listing as insignificant. 42. Molten metal holding equipment and operations wherein the components of the metal do not generate HAPs or HAP precursors. Electric arc furnaces are excluded from consideration for listing as insignificant. 43. Mineral and metal working processes including squeezing processes (cold rolling, cold forging, extrusion, sizing, coining, peening, burnishing), blending processes, shearing processes (stamping, piercing, blanking), and drawing processes (bar and tube drawing, wire drawing, spinning). 44. Inspection equipment for metal products. 45. Die casting. 46. Machine tool coolant sumps, coolant recycling and processing tanks and equipment and water soluble machining coolant emissions from general machining operations which emit to the interior of the facility. 47. Conveying and storage of plastic pellets.

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48. Plastic compression, injection, and transfer molding and extrusion, rotocasting, pultrusion, blowmolding, excluding acrylics, PVC, polystyrene and related copolymers and the use of plasticizer that emit no VOCs or HAPs. Only oxygen, carbon dioxide, nitrogen, air, or inert gas allowed as blowing agents. 49. Plastic pipe welding. 50. Wax melting and wax application equipment. 51. Ultraviolet curing processes that emit no VOCs or HAPs. 52. Hot melt adhesive application with no VOCs or HAPs in the adhesive formulation. 53. Laundering, dryers, extractors, tumblers for fabrics, using water solutions of bleach and/or detergents. 54. Portable steam cleaning units. 55. Steam sterilizers. 56. Sample gathering, preparation, management and sampling connections used exclusively to withdraw materials for laboratory analyses and testing. 57. Fire fighting and similar safety equipment used to train fire fighters excluding fire drill pits. 58. Carving, cutting, routing, turning, drilling, machining, sawing, surface grinding, sanding, planing, buffing, shot blasting, shot peening, sintering or polishing; Ceramics, glass, leather, metals, plastics, rubber, concrete, paper stock or wood, also including cotton roll grinding and groundwood pulping stone sharpening provided that: a. Activity is performed indoors; and b. No fugitive particulate emissions enter the environment. 59. Water blast cleaning and stripping operations that do not emit fugitive PM into the environment and do not create a nuisance. 60. Slaughterhouse equipment except rendering cookers. 61. Ozonation equipment. 62. Batch loading and unloading of solid phase catalysts. 63. Demineralization and oxygen scavenging (deaeration) of water. 64. Pulse capacitors. 65. Laser trimmers, using dust collection to prevent fugitive emissions that do not emit fugitive PM, VOCs or HAPs. 66. Plasma etcher and plasma spray unit, using dust collection to prevent fugitive emissions and using only oxygen, nitrogen, carbon dioxide, or inert gas that do not emit VOCs or HAPs. 67. Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy, e.g., blueprint activity, photocopiers, mimeograph, telefax, photographic developing and microfiche. 68. Packaging equipment that does not use VOC or HAP containing adhesives. 69. Handling equipment and associated activities for glass and aluminum which is destined for recycling, not the re-fining process itself. 70. Hydraulic and hydrostatic testing equipment. 71. Batteries and battery charging. 72. Porcelain and vitreous enameling equipment. 73. Salt baths using nonvolatile salts and not used in operations which results in air emissions. 74. Shock chambers. 75. Wire strippers that do not emit PM, VOCs or HAPs. 76. Solar simulators. 76. Humidity and environmental chambers not using VOC or HAP gasses. 78. Steam vents and leaks.

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79. Air compressors, pneumatically operated equipment, systems and hand tools and centrifuges used for compressing air and the related compressed air system. 80. Recovery boiler blow-down tank. 81. Demineralizer tanks. 82. Clean condensate tanks. 83. Alum tanks. 84. Broke beaters, repulpers, pulp and repulping tanks, stock chests and bulk pulp handling, process water and white water storage tanks not associated with requirements in 40 CFR Part 63. 85. Lime mud filtrate tanks, lime mud water, lime mud filter, lime grits washers, filters and handling. 86. Hydrogen peroxide tanks. 87. Smelt viewing ports. 88. Causticizers and white liquor clarifiers and storage tanks and associated pumping, piping, and handling. 89. Vacuum cleaning equipment and operations where the fugitive emissions are indoors. 90. Winders, slitters, calenders, supercalenders, and paper roll wrapping operations. 91. Debarking. 92. Wastewater treatment lagoon pond dredging, screw press vents and sludge dewatering and handling. 93. Polymer tanks and storage devices and associated pumping and handling equipment, used for solids dewatering and flocculation. 94. Oil filled circuit breakers, oil filled transformers and other equipment that is analogous to, but not considered to be, a tank. 95. Electric or steam-heated drying ovens and autoclaves that emit only water vapor. 96. Oven exhaust where the oven is used to dry water from parts. 97. Sewer manholes, junction boxes, sumps and lift stations associated with wastewater treatment systems not associated with requirements in 40 CFR Part 63. 98.Sanitary sewer and storm sewer manholes, vents and drains. 99. Water cooling towers processing exclusively noncontact cooling water to which a source does not add VOCs or HAPs in excess of the levels in Section C of Appendix B. 100.Emissions from water storage tanks in air emission control systems utilizing a wetting process. 101.Ventilating and exhaust systems for laboratory hoods used. a. By colleges, primary, or secondary schools used only for academic purposes. b. By hospitals and medical care facilities used for medical care purposes only. c. By pulp and paper mills; including pulp testing labs, paper testing labs, analytical labs, water treatment labs, and coating labs. 102.Chemical, metallurgical, or physical analytical laboratory operations or equipment including fume hoods and vacuum pumps. 103.Emissions from laboratory electric hot air drying ovens for oriented strand board quality testing. 104.Kilns or ventilating hoods for art or ceramic curricula at colleges, primary or secondary schools. 105.Abandoned stack that has not been capped off. 106.Machining coolants used in super abrasive machining operations. 107.Chip/bark piles and log storage yards where natural drying of wood occurs. 108.Ash and lime storage piles. 109.Emissions from town permitted open burning of wood or grass. 110.Emissions from log hot ponds. 111.Oriented strand board storage and handling. 112.Conveying of wood chips.

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113.Log sawing. 114.Temporary air emission related activities which are granted approval from the Department. 115. Maintenance brazing, soldering and welding equipment and oxygen-hydrogen cutting torches, for use in cutting metal where in components of the metal do not generate significant HAPs or HAP precursors in excess of the threshold in Appendix B Section C of this Chapter.

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B. Units and Activities defined as Insignificant based on Size or Production Rate

The following units and activities are insignificant based on size or production and shall be listed on the Chapter 140 license application. The activities will but may not be included in the Chapter 140 license if the activity is subject to an applicable requirement.

1. Processes, individual emission units, facilities or activities with the potential to emit less than each of the following thresholds: a. one (1) ton per year of any single regulated criteria pollutant for any process; b. four (4) tons per year total regulated criteria pollutants for any process; c. one (1) ton per year total HAPS for any individual emission unit or activity; and d. the applicable quantity of HAPS for any facility and emission unit as specified in Section C of this Appendix. 2. Fuel burning equipment, including sludge dryers but excluding incinerators and stationary internal combustion engines, with a maximum design heat input of less than 1.7 MMBtu/hr. Note: Units may still be subject to the requirements of Chapters 101 and 103. 3. [Removed] 4. Temporary fuel burning equipment less than 10.0 MMBtu/hr heat input installed for maintenance shut-downs, not to be used for primary steam, heating or electrical generation needs, firing fuel with a sulfur content less than 0.05%, and if rented or leased less than 4 weeks per unit per calendar year. Note: Units may still be subject to the requirements of Chapters 101 and 103. 5. Operation, loading and unloading of storage tanks and storage vessels, with lids or other appropriate closure and less than two hundred sixty gallon capacity (35 cubic feet), heated only to the minimum extent to avoid solidification if necessary with a vp up to 550 mm Hg at 21ºC. 6. Operation, loading and unloading of storage tanks, not greater than one thousand one hundred gallon capacity with lids, vapor return, or other appropriate closure, , maximum vp 550 mmHg at 21ºC and is not subject to Part 63 requirements. 7. Operation, loading and unloading of VOC storage tanks (including petroleum storage tanks), ten thousand gallons capacity or less, with lids, vapor return or other appropriate closure, vp not greater than 80 mm Hg at 21ºC and is not subject to Part 63 requirements. 8. Operation, loading and unloading storage of butane, propane, or liquefied petroleum gas (LPG) tanks having a capacity under forty thousand gallons. 9. Foundry sand molds, unheated and using binders with less than 0.25% free phenol by sand weight. 10. Parylene coaters using less than five hundred gallons of coating per year. 11. Coating, printing and silk-screening using less than 50 gallons per year (combined) of VOC or HAP containing coating. 12. Water cooling towers and ponds, not using chromium-based corrosion inhibitors, not used with barometric jets or condensers, not greater than ten thousand gpm, not in direct contact with gaseous or liquid process streams containing regulated air pollutants. 13. Batch solvent distillation, not greater than fifty-five gallons batch capacity. 14. Municipal and industrial water chlorination facilities of not greater than twenty million gallons per day capacity. The exemption does not apply to waste water treatment (see next item). 15. Municipal and industrial waste water chlorination facilities of not greater than one million gallons per day capacity.

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16. Water and wastewater treatment units, provided the facility performs only the following function of disinfecting, softening, filtration, flocculation, stabilization, taste and odor control, clarification, carbonation, sedimentation, and neutralization. 17. Surface coating and painting processes which exclusively use non-refillable aerosol cans that emit less than 100 pounds of VOC per year. 18. Tanks, vessels, and pumping equipment, with lids or other appropriate closure for storage or dispensing of aqueous solutions of inorganic salts, bases and acids excluding: a. 99% or greater H2SO4 or H3PO4 b. 70% or greater HNO3 c. 30% or greater HCl d. More than one liquid phase where the top phase is more than one percent VOC 19. Equipment used exclusively to pump, load, unload or store high boiling point organic material, material with initial boiling point (IBP) not less than 150ºC or vp not more than 5 mm Hg at 21ºC with lids or other appropriate closure. 20. Smokehouses under twenty square feet. 21. Milling and grinding activities, using paste-form compounds with less than one percent VOCs. 22. Cleaning and stripping activities and equipment, using solutions having less than one percent VOCs and HAPs by weight. On metallic substrates, acid solutions are not considered for listing as insignificant. 23. Storage and handling of water based lubricants for metal working where the organic content of the lubricant is less than ten percent. 24. Nondestructive inspection fluids and powders where the VOC content is less than 3.5 lb/gal and fugitive dust equipment is used provided no more than 50 gallons per year are used. 25. Salt cake mix tanks with TRS emissions less than 0.75lbs./hr.

C. Insignificant HAP Thresholds

A unit under Chapter 140, Appendix B, Section A 34 and 99 and Chapter 140, Appendix B Section B(1)(d) would be considered insignificant under the following thresholds.

Legend: UR = Based on the unit risk value DEF=1 = Used for carcinogens where no UR exists Rfc = Based on reference concentration in IRIS

Unit Chemical Name Basis Total CAS # (lb/yr) 1 79345 1,1,2,2-TETRACHLOROETHANE UR 60.00 2 79005 1,1,2-TRICHLOROETHANE UR 200.00 3 57147 1,1-DIMETHYL HYDRAZINE UR 1.60 4 120821 1,2,4-TRICHLOROBENZENE CS 2000.00 5 96128 1,2-DIBROMO-3-CHLOROPROPANE UR 1.60 6 122667 1,2-DIPHENYLHYDRAZINE UR 18.00 7 106887 1,2-EPOXYBUTANE DEF=1 2000.00 8 75558 1,2-PROPYLENIMINE (2-METHYL AZIRIDINE) UR 0.60

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9 189559 1,2:7,8-DIBENZOPYRENE GWP 2.00 10 106990 1,3-BUTADIENE UR 14.00 11 542756 1,3-DICHLOROPROPENE DEF=1 200.00 12 1120714 1,3-PROPANE SULTONE UR 6.00 13 106467 1,4-DICHLOROBENZENE(P) UR 600.00 14 123911 1,4-DIOXANE (1,4-DIETHYLENEOXIDE) UR 1200.00 15 540841 2,2,4 - TRIMETHYLPENTANE DEF=5 2000.00 16 1746016 2,3,7,8-TETRACHLORODIBENZO-P-DIOXIN UR 0.00 17 584849 2,4 - TOLUENE DIISOCYANATE ACUTE 200.00 18 88062 2,4,6-TRICHLOROPHENOL UR 1200.00 2,4-D, SALTS, ESTERS(2,4-DICHLOROPHENOXY CS 2000.00 19 94757 ACETIC AC 20 51285 2,4-DINITROPHENOL CS 2000.00 21 121142 2,4-DINITROTOLUENE UR 4.00 22 95807 2,4-TOLUENE DIAMINE UR 4.00 23 53963 2-ACETYLAMINOFLUORINE UR 1.00 24 532274 2-CHLOROACETOPHENONE RfC 1200.00 25 110805 2-ETHOXY ETHANOL CAP-RfC 2000.00 26 108864 2-METHOXY ETHANOL CAP-RfC 2000.00 27 79469 2-NITROPROPANE DEF=1 200.00 28 119904 3,3'-DIMETHOXYBENZIDINE UR 20.00 29 119937 3,3'-DIMETHYL BENZIDINE UR 1.60 30 91941 3,3-DICHLOROBENZIDENE UR 40.00 31 92933 4 - NITROBIPHENYL DEF=1 2000.00 32 100027 4 - NITROPHENOL DEF=5 2000.00 33 101144 4,4-METHYLENE BIS(2-CHLOROANILINE) UR 40.00 34 534521 4,6-DINITRO-O-CRESOL, AND SALTS ACUTE 200.00 35 57976 7,12-DIMETHYLBENZ(A)ANTHRACENE GWP 2.00 36 75070 ACETALDEHYDE UR 1800.00 37 75058 ACETONITRILE RfC 2000.00 38 98862 ACETOPHENONE CS 2000.00 39 107028 ACROLEIN RfC 80.00 40 79061 ACRYLAMIDE UR 4.00 41 79107 ACRYLIC ACID RfC 1200.00 42 107131 ACRYLONITRILE UR 60.00 43 107051 ALLYL CHLORIDE DEF=1 200.00 44 62533 ANILINE UR 200.00 ANTIMONY COMPOUNDS (EXCEPT THOSE DEF=5 2000.00 45 88888810 SPECIFICALLY LIST 46 7783702 ANTIMONY PENTAFLUORIDE ACUTE 200.00 47 28300745 ANTIMONY POTASSIUM TARTRATE CS 2000.00 48 1309644 ANTIMONY TRIOXIDE DEF=1 200.00 49 1345046 ANTIMONY TRISULFIDE CS 200.00 50 99999904 ARSENIC AND INORGANIC ARSENIC COMPOUNDS UR 0.92 51 7784421 ARSINE UR 1.00 Chapter 140: Part 70 Air Emission License Regulation -70-

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52 1332214 ASBESTOS 0.00 53 56553 BENZ(A)ANTHRACENE GWP 2.00 54 225514 BENZ(C)ACRIDINE GWP 2.00 55 71432 BENZENE UR 400.00 56 92875 BENZIDINE UR 0.06 57 50328 BENZO(A)PYRENE UR 2.00 58 205992 BENZO(B)FLUORANTHENE GWP 2.00 59 98077 BENZOTRICHLORIDE UR 12.00 60 100447 BENZYL CHLORIDE ACUTE 200.00 BERYLLIUM COMPOUNDS (EXCEPT UR 1.60 61 7440417 BERYLLIUM SALTS) 62 88888804 BERYLLIUM SALTS 0.00 63 92524 BIPHENYL CS 2000.00 64 117817 BIS(2-ETHYLHEXYL)PHTHALATE (DEHP) UR 1000.00 65 542881 BIS(CHLOROMETHYL)ETHER UR 0.06 66 75252 BROMOFORM CAP-UR 2000.00 67 88888806 CADMIUM COMPOUNDS UR 2.00 68 156627 CALCIUM CYANAMIDE CS 2000.00 69 105602 CAPROLACTAM CS 2000.00 70 133062 CAPTAN CAP-UR 2000.00 71 63252 CARBARYL CS 2000.00 72 75150 CARBON DISULFIDE CS 2000.00 73 56235 CARBON TETRACHLORIDE UR 280.00 74 463581 CARBONYL SULFIDE DEF=5 2000.00 75 120809 CATECHOL DEF=5 2000.00 76 57749 CHLORDANE GWP 2.00 77 7782505 CHLORINE ACUTE 200.00 78 79118 CHLOROACETIC ACID ACUTE 200.00 79 108907 CHLOROBENZENE CS 2000.00 80 510156 CHLOROBENZILATE UR 80.00 81 67663 CHLOROFORM UR 172.00 82 107302 CHLOROMETHYL METHYL ETHER ACUTE 200.00 83 126998 CHLOROPRENE DEF=1 2000.00 84 218019 CHRYSENE GWP 2.00 COBALT AND COMPOUNDS (EXCEPT THOSE CS 200.00 85 7440484 SPECIFICALLY LI 86 10210681 COBALT CARBONYL ACUTE 200.00 87 99999908 COKE OVEN EMISSIONS UR 6.00 CRESOLS/CRESYLIC ACID (ISOMERS AND DEF=1 200.00 88 1319773 MIXTURE) 89 98828 CUMENE CS 2000.00 CYANIDE COMPOUNDS (EXCEPT THOSE DEF=5 2000.00 90 88888812 SPECIFICALLY LISTE DDE (P,P'- GWP 2.00 91 72559 DICHLORODIPHENYLDICHLOROETHYLENE) Chapter 140: Part 70 Air Emission License Regulation -71-

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92 53703 DIBENZ(AH)ANTHRACENE GWP 2.00 93 132649 DIBENZOFURAN DEF=5 2000.00 94 84742 DIBUTYLPHTHALATE CS 2000.00 DICHLOROETHYL ETHER (BIS(2- UR 12.00 95 111444 CHLOROETHYL)ETHER) 96 62737 DICHLORVOS UR 40.00 97 11422 DIETHANOLAMINE DEF=5 2000.00 98 60117 DIMETHYL AMINOAZOBENZENE DEF=1 200.00 99 79447 DIMETHYL CARBAMOYL CHLORIDE CAP-UR 4.00 100 68122 DIMETHYL FORMAMIDE DEF=1 2000.00 101 131113 DIMETHYL PHTHALATE CS 2000.00 102 77781 DIMETHYL SULFATE ACUTE 200.00 103 106898 EPICHLOROHYDRIN RfC 2000.00 104 140885 ETHYL ACRYLATE UR 200.00 105 100414 ETHYL BENZENE CAP-RfC 2000.00 106 51796 ETHYL CARBAMATE (URETHANE) UR 160.00 107 75003 ETHYL CHLORIDE CAP-RfC 2000.00 108 106934 ETHYLENE DIBROMIDE (DIBROMOETHANE) UR 20.00 109 107062 ETHYLENE DICHLORIDE (1,2-DICHLOROETHANE) UR 152.00 110 107211 ETHYLENE GLYCOL CS 2000.00 111 111762 ETHYLENE GLYCOL MONOBUTYL ETHER CS 2000.00 112 151564 ETHYLENE IMINE (AZIRIDINE) UR 6.00 113 75218 ETHYLENE OXIDE ACUTE 20.00 114 96457 ETHYLENE THIOUREA UR 120.00 115 75343 ETHYLIDENE DICHLORIDE (1,1-DICHLOROETHANE) DEF=1 200.00 116 62207765 FLUOMINE ACUTE 200.00 117 50000 FORMALDEHYDE UR 1600.00 GLYCOL ETHERS (EXCEPT THOSE DEF=5 2000.00 118 88888813 SPECIFICALLY LISTED)* 119 76448 HEPTACHLOR UR 4.00 120 118741 HEXACHLOROBENZENE GWP 2.00 121 87683 HEXACHLOROBUTADIENE UR 180.00 122 77474 HEXACHLOROCYCLOPENTADIENE ACUTE 200.00 123 67721 HEXACHLOROETHANE UR 1000.00 124 822060 HEXAMETHYLENE,-1, 6 -DIISOCYANATE RfC 40.00 125 110543 HEXANE CAP-RfC 2000.00 126 88888805 HEXAVALENT CHROMIUM COMPOUNDS UR 0.36 127 302012 HYDRAZINE UR 0.80 128 7647010 HYDROCHLORIC ACID CAP-RfC 2000.00 129 7664393 HYDROGEN FLUORIDE ACUTE 200.00 130 123319 HYDROQUINONE DEF=1 2000.00 131 193395 INDENO(1,2,3-CD)PYRENE GWP 2.00 132 78591 ISOPHORONE CAP-UR 2000.00 LEAD AND COMPOUNDS (EXCEPT FOR THOSE GWP 20.00 133 88888808 SPECIFICALLY Chapter 140: Part 70 Air Emission License Regulation -72-

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134 58899 LINDANE (HEXACHLORCYCLOHEXANE, GAMMA) GWP 2.00 135 108316 MALEIC ANHYDRIDE CS 2000.00 136 7439965 MANGANESE AND COMPOUNDS RfC 1600.00 137 748794 MERCURIC CHLORIDE GWP 20.00 138 10045940 MERCURIC NITRATE GWP 20.00 MERCURY COMPOUNDS (EXCEPT THOSE GWP 20.00 139 88888814 SPECIFICALLY LISTE 140 67561 METHANOL CS 2000.00 141 72435 METHOXYCHLOR CS 2000.00 142 74839 METHYL BROMIDE (BROMOMETHANE) RfC 2000.00 143 74873 METHYL CHLORIDE (CHLOROMETHANE) CAP-UR 2000.00 144 71556 METHYL CHLOROFORM (1,1,1-TRICHLOROETHANE) CS 2000.00 145 78933 METHYL ETHYL KETONE (2-BUTANONE) CAP-RfC 2000.00 146 60344 METHYL HYDRAZINE UR 12.00 147 74884 METHYL IODIDE (IODOMETHANE) DEF=1 200.00 148 108101 METHYL ISOBUTYL KETONE CS 2000.00 149 624839 METHYL ISOCYANATE ACUTE 200.00 150 80626 METHYL METHACRYLATE CS 2000.00 151 1634044 METHYL TERT-BUTYL ETHER CAP-RfC 2000.00 152 12108133 METHYLCYCLOPENTADIENYL MANGANESE ACUTE 200.00 153 75092 METHYLENE CHLORIDE (DICHLOROMETHANE) CAP-UR 2000.00 154 101688 METHYLENE DIPHENYL DIISOCYANATE CS 200.00 155 88888809 MINERAL FIBER COMPOUNDS 0.00 156 121697 N,N-DIMETHYLANILINE CS 2000.00 157 684935 N-NITROSO-N-METHYLUREA UR 0.04 158 62759 N-NITROSODIMETHYLAMINE UR 0.20 159 91203 NAPHTHALENE CS 2000.00 160 13463393 NICKEL CARBONYL ACUTE 20.00 NICKEL COMPOUNDS (EXCEPT THOSE DEF=1 2000.00 161 88888807 SPECIFICALLY LISTED 162 12035722 NICKEL REFINERY DUST UR 16.00 163 88888817 NICKEL SUBSULFIDE UR 8.00 164 98953 NITROBENZENE CS 2000.00 165 56382 PARATHION ACUTE 200.00 166 82688 PENTACHLORONITROBENZENE (QUINTOBENZENE) UR 60.00 167 87865 PENTACHLOROPHENOL UR 140.00 168 108952 PHENOL CS 200.00 169 62384 PHENYL MERCURIC ACETATE GWP 20.00 170 75445 PHOSGENE ACUTE 200.00 171 7803512 PHOSPHINE DEF=5 2000.00 172 7723140 PHOSPHOROUS ACUTE 200.00 173 85449 PHTHALIC ANHYDRIDE DEF=5 2000.00 174 1336363 POLYCHLORINATED BIPHENYLS (AROCLORS) UR 1.80 175 88888815 POLYCYCLIC ORGANIC MATTER (POM) GWP 2.00 176 151508 POTASSIUM CYANIDE ACUTE 200.00 Chapter 140: Part 70 Air Emission License Regulation -73-

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177 123386 PROPIONALDEHYDE DEF=5 2000.00 PROPYLENE DICHLORIDE (1,2- UR 200.00 178 78875 DICHLOROPROPANE) 179 75569 PROPYLENE OXIDE UR 1000.00 180 91225 QUINOLINE UR 1.20 181 106514 QUINONE DEF=5 2000.00 182 99999918 RADIONUCLIDES (INCLUDING RADON) 0.00 SELENIUM AND COMPOUNDS (EXCEPT THOSE CS 200.00 183 7782492 SPECIFICALLY 184 7488564 SELENIUM SULFIDE (MONO AND DI) CS 20.00 185 143339 SODIUM CYANIDE ACUTE 200.00 186 100425 STYRENE DEF=1 200.00 TETRACHLOROETHYLENE CAP-UR 40.00 187 127184 (PERCHLOROETHYLENE) 188 78002 TETRAETHYL LEAD GWP 200.00 189 75741 TETRAMETHYL LEAD GWP 200.00 190 7550450 TITANIUM TETRACHLORIDE ACUTE 200.00 191 108883 TOLUENE CAP-RfC 2000.00 192 8001352 TOXAPHENE (CHLORINATED CAMPHENE) GWP 2.00 193 79016 TRICHLOROETHYLENE CAP-UR 800.00 194 121448 TRIETHYLAMINE CAP-RfC 2000.00 195 1582098 TRIFLURALIN UR 1800.00 196 88888816 TRIVALENT CHROMIUM COMPOUNDS DEF=5 8.00 197 108054 VINYL ACETATE DEF=1 2000.00 198 593602 VINYL BROMIDE (BROMOETHENE) UR 120.00 199 75014 VINYL CHLORIDE UR 40.00 200 75354 VINYLIDENE CHLORIDE (1,1-DICHLOROETHYLENE) UR 80.00 201 1330207 XYLENES (ISOMERS AND MIXTURE) CS 2000.00 202 57578 BETA-PROPIOLACTONE ACUTE 200.00 203 108394 M-CRESOL DEF=1 200.00 204 108383 M-XYLENES CS 2000.00 205 95487 O-CRESOL DEF=1 200.00 206 95534 O-TOLUIDINE DEF=1 800.00 207 95476 O-XYLENES CS 2000.00 208 106445 P-CRESOL DEF=1 200.00 209 106503 P-PHENYLENEDIAMINE CS 2000.00 210 106423 P-XYLENES CS 2000.00 211 101779 4,4'-METHYLENEDIANILINE DEF=1 2000.00 212 92671 4-AMINOBIPHENYL DEF=1 2000.00 213 96093 STYRENE OXIDE DEF=1 2000.00 214 64675 DIETHYL SULFATE DEF=1 2000.00 215 59892 N-NITROSOMORPHOLINE DEF=1 2000.00 216 680319 HEXAMETHYLPHOSPHORAMIDE RfC 20.00 217 60355 ACETAMIDE DEF=1 2000.00 218 90040 O-ANISIDINE DEF=1 2000.00 Chapter 140: Part 70 Air Emission License Regulation -74-

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219 334883 DIAZOMETHANE DEF=1 2000.00 220 95954 2,4,5-TRICHLOROPHENOL DEF=1 2000.00 221 133904 CHLORAMBEN DEF=1 2000.00 222 10025737 CHROMIC CHLORIDE ACUTE 200.00 223 7783075 HYDROGEN SELENIDE ACUTE 200.00 224 13410010 SODIUM SELENATE ACUTE 200.00 225 10102188 SODIUM SELENITE ACUTE 200.00 226 1306190 CADMIUM OXIDE UR 20.00 227 114261 PROPOXUR (BAYGONE) DEF=1 200.00

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Chapter 146: DIESEL-POWERED MOTOR VEHICLE EMISSIONS STANDARDS

SUMMARY: This regulation establishes emission opacity standards for diesel- powered motor vehicles having a gross vehicle weight rating of 18,000 or more pounds. This regulation also establishes standards and procedures, including testing methods and standards for test equipment used for roadside testing of diesel-powered motor vehicles.

1. Scope/Applicability

A. This regulation applies in all ambient air quality control regions of the State of Maine.

B. This regulation applies to all diesel-powered vehicles which have a gross vehicle weight rating of 18,000 or more pounds.

2. Exemptions

The following diesel-powered motor vehicles are exempt from this Chapter:

A. A diesel-powered motor vehicle with a gross vehicle weight rating of less than 18,000 pounds; and

B. A diesel-powered motor vehicle registered as a farm truck.

3. Definitions

A. Certified inspector. “Certified inspector” means a Department of Environmental Protection employee or person designated by the Department as an inspector who is certified pursuant to the procedures for certification specified in 40 Code of Federal Regulations, Part 60, Appendix A, Method 9.

B. CO2 Equivalent Emissions (CO2e). “CO2e equivalent emissions means CO2e as defined by 06- 096 C.M.R. ch. 100, §29.

CB.Compliance. “Compliance” means meeting the emission opacity standards for diesel-powered motor vehicles as established by the Board of Environmental Protection.

DC.Diesel emissions. “Diesel emissions” means diesel smoke that is emitted into the environment from any diesel-powered motor vehicle.

ED.Diesel emissions inspection report or inspection report. “Diesel emissions inspection report or inspection report” means a document issued by a certified inspector at the time of inspection, in such form as the Commissioner shall prescribe, containing a designation of pass or fail, which shall constitute proof of inspection.

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FE. Diesel-powered motor vehicle. “Diesel-powered motor vehicle” means those diesel-powered motor vehicles that have a gross vehicle weight rating of 18,000 or more pounds. Diesel- powered motor vehicle does not include a truck registered as a farm truck.

GF.Diesel smoke. “Diesel smoke” means particles, including aerosols, suspended in the exhaust stream of a diesel engine which absorb, reflect, or refract light.

HG.Emission opacity standards. “Emission opacity standards” means the acceptable level of peak smoke opacity for diesel-powered motor vehicles as established by the Board of Environmental Protection.

IH. Emissions related repairs. “Emissions related repairs” means any emissions repair intended to bring a diesel-powered motor vehicle, which has received a fail designation during an inspection, into compliance with the established emission opacity standards.

JI. Fail designation. “Fail designation” means a designation on an inspection report which signifies that the diesel-powered motor vehicle does not meet the emission opacity standards.

KJ. Governor. “Governor” means a mechanism installed on a diesel engine by the original equipment manufacturer for the purpose of limiting the maximum engine RPM.

LK.Inspection. “Inspection” means a snap-acceleration smoke opacity test conducted by a certified inspector in accordance with the Society of Automotive Engineers (SAE) J1667 Recommended Practice, and related administrative procedures.

ML.Model year. “Model year” means the year designated by the manufacturer of the diesel- powered motor vehicle and appearing on the registration certificate.

NM.Opacity. “Opacity” means the degree of light-obscuring capability of emissions of visible air contaminants expressed as a percentage. For example, complete obscuration shall be expressed as 100% opacity.

ON.Operator. “Operator” means the person operating the vehicle during a diesel-powered motor vehicle emissions roadside test.

PO.Pass designation. “Pass designation” means a designation on an inspection report which signifies that the diesel-powered motor vehicle meets the emission opacity standards.

QP.Peak smoke opacity. “Peak smoke opacity” means the highest numerical value of smoke opacity obtained through the testing procedures for the snap-acceleration smoke opacity test.

RQ.SAE. “SAE” means the Society of Automotive Engineers.

SR. SAE J1667. “SAE J1667” means the Surface Vehicle Recommended Practice incorporated in document number J1667 published by the Society of Automotive Engineers in February 1996,

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entitled “Snap-Acceleration Smoke Test Procedure for Heavy Duty Diesel Powered Vehicles”, as herein incorporated by reference.

TS. Snap-acceleration smoke opacity test. “Snap-acceleration smoke opacity test” means a test adopted by the Society of Automotive Engineers for the testing of diesel-powered motor vehicles. This test is commonly referred to as the SAE J1667 Recommended Practice Test. The test includes five phases: vehicle preparation; test preparation and equipment set-up; driver familiarization and vehicle preconditioning; execution of the snap-acceleration test; and calculation and reporting of final results.

4. Prohibition

Diesel-powered motor vehicles shall not exceed the following:

A. For model years 1991 and newer, a level of peak smoke opacity of forty (40) percent, and emission levels of ###ppm of CO2e; and

B. For model years 1990 and older, 1974 to 1990, a level of peak smoke opacity of fifty-five (55) percent and an average emission level of ###ppm of CO2e. ; and

C. For model years 1973 and older, a level of peak smoke opacity of seventy (70) percent. This standard shall remain in effect until January 1, 2003. After January 1, 2003, model years 1973 and older shall be subject to the standard set forth in Subsection 4(B) of this Chapter.

5. Inspection requirements and procedures

A. The Department shall perform inspections of diesel-powered motor vehicles in conjunction with the Maine State Police. The purpose of such inspections shall be to determine whether such vehicles are in compliance with the emission opacity standards for diesel-powered motor vehicles.

B. The inspection of diesel-powered motor vehicles shall be performed by a certified inspector at a safety or weight inspection station, or at any other safe location agreed to by the Department and the Maine State Police.

C. Only diesel-powered motor vehicles identified by certified inspectors as potential violators of the program’s emission opacity standards are subject to testing. Inspectors must be certified pursuant to the procedures for certification specified in 40 Code of Federal Regulations, Part 60, Appendix A, Method 9.

D. The inspection procedures for the emissions inspection of diesel-powered motor vehicles shall consist of the following steps:

(1) The vehicle’s wheels are chocked for safety; (2) The vehicle’s exhaust system is checked for integrity; (3) The inspector shall ensure ambient temperature at the test location is within the range of SAE J1667;

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(4) The inspector shall determine if the governor is in working order by requesting this information from the driver. If a determination cannot be made, with the transmission in either neutral (with the clutch disengaged if so equipped) or park, the driver shall gradually increase engine speed. If the engine speed increases uncontrollably, the inspector shall instruct the operator to immediately release the accelerator pedal and the fuel supply to the engine. Emissions testing of any vehicle with a dysfunctional or out- of-specification engine speed governor shall be discontinued. (5) A measurement of the vehicle’s exhaust pipe is taken by a certified inspector; (6) The test equipment is inserted into the vehicle’s exhaust stack; (7) The vehicle’s brakes are disengaged to activate all emissions control equipment; (8) The vehicle’s transmission is placed in neutral; (9) The vehicle’s accelerator is rapidly depressed (snapped) and held at governed speed for several seconds, then returned to idle. This procedure is repeated according to manufacturer’s instructions while the equipment measures the opacity of the smoke; and (10) The operator will be given an inspection report documenting the final results of the diesel emissions inspection.

6. Procedure for diesel-powered motor vehicles which meet emission opacity standards at the time of inspection

A. The owner or operator of a diesel-powered motor vehicle meeting the emission opacity standards shall be issued, at the termination of the inspection, an inspection report indicating a pass designation.

B. A pass designation shall only be provided to diesel-powered motor vehicles found in compliance with the established emission opacity standards.

7. Procedure for diesel-powered motor vehicles which do not meet emission opacity standards at the time of inspection

A. The owner or operator of a diesel-powered motor vehicle not meeting the emission opacity standards shall be issued, at the termination of the inspection, an inspection report indicating a fail designation.

B. The owner or operator of any diesel-powered motor vehicle that fails the emission opacity standards for the first time has 30 days from the date that the operator was notified of the failure of the test to certify to the Department that emissions related repairs were made to bring the vehicle into compliance with the emission opacity standards. If certification is not made within 30 days, the owner or operator shall be assessed a two hundred fifty-dollar ($250) fine for the first violation.

C. The owner or operator of any diesel-powered motor vehicle that fails the emission opacity standards for the second and subsequent times shall be assessed a five hundred-dollar ($500) fine. The 30-day period allowed for making repairs and certifying compliance with emission opacity standards referred to in Subsection 7(B) of this Chapter does not apply to second and subsequent test failures.

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Note: The State Police issue a summons for a traffic infraction to each operator who fails to certify to the Department that emissions related repairs were made to the vehicle that failed the emission opacity standards. The Maine Judicial Branch Violations Bureau collects the fines.

8. Test equipment specifications

A. All test equipment shall, at a minimum, comply with SAE J1667 test procedures.

B. A smokemeter used to measure smoke opacity in the exhaust emissions of a heavy duty diesel vehicle pursuant to this section shall, at a minimum, have the ability to measure, and where appropriate, print out the following:

(1) the smoke opacity value for each snap acceleration in sequence; (2) the final test result, in percent opacity; (3) the inspection date and time; (4) the name of the inspector; (5) the exhaust pipe diameter; (6) the smoke emission opacity standard; (7) “pass” or “fail” of test results compared to appropriate emission opacity standard; (8) license plate number and state of issuance; and (9) vehicle identification number (VIN).

9. Vehicle inspection report

A. The operator of each vehicle shall receive a vehicle inspection report upon completion of an inspection. The inspection report form shall include:

(1) Inspection location and date; (2) Inspection test start and end time; (3) Vehicle year and make; (4) Vehicle registration number and registration state; (5) Vehicle identification number; (6) Registered gross vehicle weight; (7) Vehicle type; (8) Engine temperature (hot, cold, or normal); (9) Vehicle mileage; (10) Name and address of owner; (11) Driver’s name, license number, and license state; (12) Opacity results; (13) Pass/fail designation; (14) Signature of driver indicating receipt of inspection report; and (15) Signature of inspector.

B. The operator of a vehicle failing the emission opacity standards shall complete the diesel emissions inspection report and submit the following information:

(1) Name of repair facility;

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(2) An itemized bill of repairs from the repair facility; (3) Signature of repair facility representative certifying repairs have been made to reduce diesel emissions and date signed; and (4) Signature of the vehicle owner certifying appropriate emissions related repairs were made to the vehicle.

10. Reciprocity

The Department may establish reciprocity agreements with other states that recognize enforcement actions related to diesel-powered motor vehicle testing programs in other states.

AUTHORITY: 38 MRSA, §585-A 29-A MRSA, §2114

EFFECTIVE DATE: April 5, 2000

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Chapter 148: EMISSIONS FROM SMALLER-SCALE ELECTRIC GENERATING RESOURCES

SUMMARY: This regulation limits emissions of nitrogen oxides (NOx), sulfur dioxide (SO2), particulate matter (PM), and carbon monoxide (CO) from smaller-scale electric generating units.

1. Applicability. This regulation applies to all non-mobile generators having a capacity equal to or greater than 50 kilowatts installed on or after January 1, 2005.

2. Definitions.

A. Combined heat and power. “Combined heat and power” or “CHP” means a generator that sequentially produces both electric power and thermal energy from a single source.

B. Emergency. “Emergency” means for the purpose of this Chapter only, an electric power outage due to a failure of the electrical grid, on-site disaster, local equipment failure, or public service emergencies such as flood, fire, natural disaster. Emergency shall also mean when the imminent threat of a power outage is likely due to failure of the electrical supply or capacity deficiencies result in a deviation of voltage from the electrical supplier to the premises of three percent (3%) above or five percent (5%) below standard voltage.

C. Emergency Generators. “Emergency generators” means generators used only during emergencies or for maintenance purposes, provided that the maximum annual operating hours, including maintenance, shall not exceed 500 hours per calendar year. Emergency generators shall not be operated in conjunction with any voluntary demand-reduction program or any other interruptible supply arrangement with a utility, other market participant, or system operator. Any engine that is certified under EPA non-road standards is automatically certified under this rule to operate as an emergency generator.

D. Generator. “Generator” or “electric generating unit” means any equipment that converts primary fuel (including fossil fuels and renewable fuels) into electricity or electricity and thermal energy.

E. Installed. “Installed” means that time forward from which a generator has been physically placed on a site and is capable of producing electricity.

F. ISO. “ISO” means the International Organization for Standardization

G. Non-Emergency Generator. “Non-emergency generator” means any generator that is not defined herein as an emergency generator.

H. Supplier. “Supplier” means a person or firm that manufactures, assembles, or otherwise supplies generators subject to the requirements of this Chapter.

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3. Exemptions.

A. A generator with an engine subject to 40 CFR 89, 90, 91 or 92.

B. A generator subject to new source review requirements pursuant to Title I, Part C or Part D of the CAA and the Maine State Implementation Plan.

4. Low Sulfur Fuel Requirements.

A. Effective immediately, no person shall cause, allow or permit the operation of any diesel- powered generator subject to this Chapter firing fuel with a sulfur content greater than 500 parts per million.

B. Beginning on June 1, 2010, no person shall cause, allow or permit the operation of any diesel-powered generator subject to this Chapter firing fuel with a sulfur content greater than 15 parts per million.

5. Emission Standards. A generator’s emissions of nitrogen oxides (NOx), particulate matter (PM) and carbon monoxide (CO) under full load design conditions or at the load conditions specified by the applicable testing methods shall not exceed the following standards. Standards are expressed in pounds per megawatt-hour (lbs/MWh) of electricity output.

A. Emergency generators. A generator may run up to a maximum of 500 hours per year for maintenance, testing and emergencies. Within that limit of 500 hours per year, a generator may run up to a maximum of 50 hours per year for maintenance and testing. Emergency generators must meet the emission standards set by the EPA for non-road engines (40 CFR Part 89 Control of Emissions of Air Pollution from Nonroad Diesel Engines as published in the Federal Register, Vol. 69, No. 124, pages 38957-39273 on June 29, 2004 or 40 CFR Part 90 Control of Emissions from Nonroad Large Spark- Ignition Engines, and Recreational Engines (Marine and Land-Based) as published in the Federal Register, Vol. 67, No. 217, pages 68241-68447 on November 8, 2002) at the time of installation. Any engine that is certified pursuant to 40 CFR Parts 89 or 90 shall be automatically certified to operate as an emergency generator.

B. Emission standards for non-emergency generators are as follows:

Emission Standards for Non-Emergency Generators Nitrogen Oxides Particulate Matter Carbon Monoxide Installed on or after January 1, 2005 4.0 lbs/MWh 0.7 lbs/MWh 10.0 lbs/MWh

Installed on or after January 1, 2009 1.5 lbs/MWh 0.07 lbs/MWh 2.0 lbs/MWh Installed on or after January 1, 2013 reserved reserved reserved

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C. Generators that use combined heat and power (CHP) may take credit for the heat recovered from the exhaust of the combustion unit to meet the emission standards in Subsection 5B of this Chapter. Credit shall be at the rate of one MWh for each 3.4 million BTUs of heat recovered. To take credit for CHP, the owner or operator of units not sold and certified as an integrated package by the manufacturer:

1) Must provide as part of the application documentation of the heat recovered, electric output, efficiency of the generator alone, efficiency of the generator including CHP, and the use for the non-electric output; and

2) The heat recovered must equal at least 20 percent of the total energy output of the CHP unit and at least 13 percent of the total energy output must be electric. The design efficiency must be at least 55 percent.

D. Alternative emission limitation. Generators subject to this Section may apply for an alternative emission limitation on a case-by-case basis upon approval from the Department and EPA.

E. The particulate matter standards of this Section shall apply only to a generator with a reciprocating engine using liquid fuel.

F. Greenhouse gas emission limitation. Greenhouse gas emission standards for non- emergency generators are as follows:

Greenhouse Gas Emission Standards for Non-Emergency Generators CO2e Installed on or before January 1. 2019 ### ppm Installed on or before January 1, 2023 ### ppm Installed after January 1, 2023 < ### ppm

6. Generator Certification.

A. Any generator subject to Subsection 5B, 5C, or 5D of this Chapter shall be certified by one of the following certifications:

(1) Certification by the California Air Resources Board pursuant to Title 17, sections 94200 through 94214 of the California Code of Regulations as amended on September 4, 2002 and incorporated by reference herein;

(2) Certification from the generator supplier that satisfies the requirements of Subsection 6B and 6C; or

(3) Certification by the owner or operator that the generator satisfies the requirements of Subsection 6B and 6C. Chapter 148: Emissions From Smaller-Scale Generating Resources

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B. A certification under this Section shall apply to a specific make and model of generator and shall include the certifying entity’s statement that such make and model of generator has the ability to operate in compliance with the emission standards of Subsection 5B of this Chapter for the lesser of the first 15,000 hours of operation or three years, when such generator is installed, operated and maintained according to the manufacturer’s instructions.

C. A generator‘s compliance with the emission standards of Subsection 5B, 5C, or 5D of this Chapter when installed and operated for the lesser of the first 15,000 hours or three years of operation shall be verified by emission tests performed as follows:

(1) Unless specified otherwise in this Chapter, using EPA reference Methods, California Air Resources Board methods EPA has approved, or equivalent test methods approved by the Department and EPA;

(2) At ISO full load design conditions unless alternative load conditions are specified by the applicable testing methods;

(3) For a generator with a reciprocating engine using liquid-fuel, particulate matter emissions shall be tested using ISO Method 8178 D2; and

(4) If the owner or operator of a certified generator modifies such generator from the original design in a manner that will increase emissions, within 180 days of the modification, the owner or operator shall either:

(a) Perform a test of the generator’s emissions to demonstrate compliance with the emission standards of Subsection 5B this Chapter using a test method approved by the Department and EPA, or

(b) For a generator certified by the supplier, obtain from the supplier an amendment of the existing certification or a new certification of compliance for the modified generator.

D. Documentation sufficient to demonstrate certification shall include:

(1) A valid supplier’s certificate stating that the subject make and model of generator is capable of compliance as provided in Subsection 6B of this Chapter;

(2) A valid and effective Executive Order issued by the California Air Resources Board certifying compliance as required by Subsection 6B of this Chapter; or

(3) Written documentation of the owner or operator sufficient to demonstrate compliance with the requirements of this Chapter that may include, but is not limited to:

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(a) Emissions test data of the subject generator from testing that occurred within the previous twelve months that demonstrates compliance with the applicable emission standards of this Chapter;

(b) Emissions test data or other data obtained during the first 15,000 hours of operation or first three years of operation sufficient to demonstrate operation in compliance with the requirements of this Chapter; or

E. The owner or operator of a generator that is operating in compliance with the emission standards of this Chapter pursuant to a certification shall maintain such a generator as prescribed by the manufacturer.

F. The owner or operator of any generator that is certified to operate in compliance with the emissions standards of this Chapter shall display the following statement on the nameplate of the unit or in a conspicuous location attached to the unit with the following text:

“This generator is certified as meeting the emission standards of Chapter 148 of the Maine Department of Environmental Protection regulations when maintained and operated in accordance with the manufacturer’s instructions.”

G. The owner or operator of a generator that is operating in compliance with the emission standards of this Chapter pursuant to a certification shall comply with all other applicable requirements of this Chapter including, but not limited to, fuel requirements, record keeping and reporting.

7. Registration Requirements.

A. Prior to operation, the owner or operator of a generator subject to this Chapter shall submit to the Department a registration form, as provided by the Department, which provides at a minimum the following:

(1) The legal name, address and telephone number of the registrant. If the registrant is a corporation or legal partnership transacting business in Maine, provide the exact name as registered with the Maine Secretary of State;

(2) Legal name, address and telephone number of the owner of the premises on which the subject activity is to take place;

(3) Location and address of the premises where the registered activity will be conducted;

(4) The intended dates of construction and installation;

(5) Make and model of the generator;

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(6) Fuel type(s) which will be used;

(7) Maximum rated fuel-firing rate of the generator;

(8) Maximum design gross power output of the subject generator; and

(9) Certification test results.

NOTE: Registration of a generator subject to this Chapter does not satisfy the requirements for amending a facility air emission license under Chapter 115 or Chapter 140 of the Department’s regulations.

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8. Record Keeping and Reporting.

A. Record Keeping and Reporting. At the premises where the generator is installed, or at such other place as the Department approves in writing, the owner shall maintain the records as described in this Subsection. Emergency generators shall be exempt from Subsections 8A(1) and 8A(2):

(1) Monthly and annual amounts of fuel(s) consumed. For the purposes of this subparagraph, annual fuel consumption shall be calculated each calendar month by adding (for each fuel) the current calendar month’s fuel consumption to those of the previous eleven months;

(2) Monthly and annual operating hours. For the purpose of this subparagraph, annual operating hours shall be calculated each calendar month by adding the current calendar month’s operating hours to those of the previous eleven months;

(3) With respect to each shipment of liquid fuel (other than liquified petroleum gas), to be used with each engine authorized hereunder, a shipping receipt and certification from the fuel supplier of the type of fuel delivered, the percentage of sulfur in such fuel (by weight), and the method used by the fuel supplier to determine the sulfur content of such fuel; and

(4) Date, duration and type of emergency during which an emergency generator is operated. Owner shall record the date and type of emergency, the hours of operation of the emergency generator, and the amount and type of fuel consumed by the generator. Owner must certify that non-maintenance run hours occurred only during emergencies. Maintenance hours must be separately accounted for. Owner shall record operations when they occur.

B. Availability of records. Unless the Department provides otherwise in writing, the owner shall maintain each record required by this Section for a minimum of five years after the date such record is made. An owner shall promptly provide any such record, or copy thereof, to the Department upon request.

AUTHORITY: 38 M.R.S.A., Section 585, 585-A

EFFECTIVE DATE: August 9, 2004 - filing 2004-309

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION Chapter 150: CONTROL OF EMISSIONS FROM OUTDOOR WOOD BOILERS

SUMMARY: This regulation establishes particulate emission standards, siting criteria and labeling requirements for outdoor wood boilers, including outdoor pellet boilers.

1. Applicability

A. This regulation applies statewide.

B. This regulation applies to any manufacturer, supplier, distributor or person intending to sell, lease, distribute, or market, an outdoor wood boiler, including an outdoor pellet boiler, in the State of Maine that meets the definition of an outdoor wood boiler and to any person who installs, operates or owns an outdoor wood boiler, including an outdoor pellet boiler.

C. This regulation applies to outdoor wood boilers, including outdoor pellet boilers, with a rated thermal input of less than 3 MMBtu/hr. Boilers with a rated thermal heat input of 3 MMBtu/hr or greater are subject to Chapter 103 Fuel Burning Equipment Particulate Emission Standard of the Department’s Regulations.

2. Definitions

The following terms, as used in this Chapter, have the following meanings:

A. Clean wood. “Clean wood” means wood that has no paint, stain, or other types of coatings, and wood that has not been treated with, including but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

B. Commercial outdoor wood boiler. “Commercial outdoor wood boiler” means any outdoor wood boiler, except for those outdoor wood boilers used solely for space heating or domestic hot water, used to service a commercial establishment.

C. Distribute or sell. “Distribute or sell” means to distribute, sell, advertise for sale, offer for sale, lease, ship, deliver for shipment, release for shipment, or receive and (having so received) deliver or offer to deliver. This term does not include the distribution or sale by a manufacturer of an outdoor wood boiler that is installed outside the State of Maine.

D. Manufacturer. “Manufacturer” means any person who constructs or imports for the distribution or sale into the United States an outdoor wood boiler.

E. New outdoor wood boiler. “New outdoor wood boiler” means an outdoor wood boiler that is not installed and/or operational at the intended location of use as of the effective date of this Chapter.

F. Nuisance. “Nuisance” means emission of air contaminants to the outdoor atmosphere of such quantity, characteristic or duration that may be injurious to human, plant or animal life or to property, or that unreasonably interferes with the comfortable enjoyment of life or property.

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G. Opacity. “Opacity” means the degree to which emissions other than water reduce the transmission of light and obscure the view of an object in the background.

H. Outdoor wood boiler. “Outdoor wood boiler” (also known as outdoor wood-fired hydronic heater, water stove or outdoor wood furnace) means a fuel burning device that: (1) is designed to burn wood, biomass fuel products or other approved solid fuels; (2) the manufacturer specifies for outdoor installation or installation in structures not normally occupied by humans (e.g., sheds) or is an indoor-rated device housed in a modular or containerized structure; and (3) heats building space or water, or both, through the distribution, typically through pipes for a fluid or ducts for air, of a fluid or air heated in the device.

I. Outdoor pellet boiler. “Outdoor pellet boiler” means an outdoor wood boiler designed and warranted by the manufacturer specifically to burn pellet fuel with metered fuel and air feed and controlled combustion engineering, which is operated according to the manufacturer’s specifications and burns only pellet fuel.

J. Particulate matter or PM. “Particulate matter or PM” means particulate matter PM10 and PM2.5 including the condensable fraction.

K. Sale. “Sale” means the transfer of ownership or control.

3. Requirements for the Sale, Installation and Operation of New Outdoor Wood Boilers and Outdoor Pellet Boilers

A. Particulate Matter Emission Standards for Outdoor Wood Boilers

(1) Phase I Particulate Emission Standard for Outdoor Wood Boilers and Outdoor Pellet Boilers. No person shall distribute or sell, lease, import, supply or install an outdoor wood boiler after April 1, 2008 or an outdoor pellet boiler after April 1, 2009 unless it has been certified under Section 3(E) to meet a particulate matter emission limit of 0.60 lbs/MMBtu heat input. Outdoor wood boilers and outdoor pellet boilers meeting the Phase I limit must be installed according to the applicable setback and stack height requirements as defined in Section 3(B) and 3(C) of this Chapter.

(2) Phase II Particulate Emission Standard for Outdoor Wood Boilers and Outdoor Pellet Boilers. No person shall distribute or sell, lease, import, supply or install an outdoor wood boiler or outdoor pellet boiler after April 1, 2010 unless it has been certified under Section 3(E) to meet a particulate matter emission limit of 0.32 lbs/MMBtu heat output. Outdoor wood boilers and outdoor pellet boilers meeting the Phase II limit must be installed according to the applicable setback and stack height requirements as defined in Section 3(B) and 3(C) of this Chapter.

(3) Voluntary Technology-forcing Particulate Emission Standard for Outdoor Wood Boilers. An outdoor wood boiler meeting a particulate matter emission limit of 0.06 lbs/MMBtu heat output is not subject to a setback requirement under this Chapter as long as it meets the stack height requirements described in Section 3(C)(3) of this Chapter.

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B. Setback Requirements for New Outdoor Wood Boilers and Outdoor Pellet Boilers

(1) Outdoor wood boilers and outdoor pellet boilers with particulate emission limits greater than 0.60 lbs/MMBtu heat input or with no certification. No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate emission limit greater than 0.60 lbs/MMBtu heat input or has no certification, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler is installed at least 250 feet from the nearest property line or at least 270 feet from the nearest dwelling that is not on the same property as the outdoor wood boiler or outdoor pellet boiler.

(2) Outdoor wood boilers and outdoor pellet boilers certified to meet particulate emission limits of 0.60 lbs/MMBtu heat input. No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.60 lbs/MMBtu heat input, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler is installed at least 100 feet from the nearest property line or at least 120 feet from the nearest dwelling that is not on the same property as the outdoor wood boiler or outdoor pellet boiler.

(3) Outdoor wood boilers and outdoor pellet boilers certified to meet particulate emission limits of 0.32 lbs/MMBtu heat output. No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.32 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler is installed at least 50 feet from the nearest property line or at least 70 feet from the nearest dwelling that is not on the same property as the outdoor wood boiler or outdoor pellet boiler.

(4) Outdoor pellet boilers certified to meet particulate emission limits of 0.06 lbs/MMBtu heat output. No person shall install or allow the installation of any outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.06 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, unless the outdoor pellet boiler is installed at least 20 feet from the nearest property line or at least 40 feet from the nearest dwelling that is not on the same property as the or outdoor pellet boiler.

(5) Outdoor wood boilers that have been modified to burn pellets. Outdoor wood boilers that have been modified to burn pellets must meet the applicable setback specified in Section 3(B) of this Chapter for the original particulate emission limit certification of the outdoor wood boiler, determined in accordance with Section 3(E) of this Chapter.

C. Stack Height Requirements for New Outdoor Wood Boilers and Outdoor Pellet Boilers

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06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION (1) Outdoor wood boilers and outdoor pellet boilers certified to meet particulate emissions limits of greater than 0.60 lbs/MMBtu heat input or with no certification.

(a) No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate emission limit of greater than 0.60 lbs/MMBtu heat input or has no certification, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler:

(1) has an attached stack with a minimum stack height of 10 feet above ground level; or

(2) has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler, if an abutting residence is located less than 500 feet from the outdoor wood boiler or outdoor pellet boiler.

(b) No person shall operate any outdoor wood boiler or outdoor pellet boiler, installed after the effective date of this Chapter, that has been certified to meet a particulate emission limit of greater than 0.60 lbs/MMBtu heat input or with no certification, determined in accordance with Section 3(E) of this Chapter, if an abutting residence is located less than 500 feet from the outdoor wood boiler or outdoor pellet boiler, unless the outdoor wood boiler or outdoor pellet boiler has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler.

(2) Outdoor wood boilers and outdoor pellet boilers certified to meet particulate emission limits of 0.60 lbs/MMBtu heat input.

(a) No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.60 lbs/MMBtu heat input, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler:

(1) has an attached stack with a minimum stack height of 10 feet above ground level; or

(2) has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler, if an abutting residence is located less than 300 feet from the outdoor wood boiler or outdoor pellet boiler.

(b) No person shall operate any outdoor wood boiler or outdoor pellet boiler, installed after the effective date of this Chapter, that has been certified to meet a particulate emission limit of 0.60 lbs/MMBtu heat input, determined in accordance with Section 3(E) of this Chapter, if an abutting residence is located less than 300 feet from the outdoor wood boiler or outdoor pellet boiler, unless the outdoor wood boiler or outdoor pellet boiler has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler. ______Chapter 150: Control of Emissions from Outdoor Wood Boilers 4 DRAFT

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(3) Outdoor wood boilers and outdoor pellet boilers certified to meet particulate emission limits of 0.32 lbs/MMBtu heat output.

(a) No person shall install or allow the installation of any outdoor wood boiler or outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.32 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, unless the outdoor wood boiler or outdoor pellet boiler:

(1) has an attached stack with a minimum stack height of 10 feet above ground level; or

(2) has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler, if an abutting residence is located less than 300 feet from the outdoor wood boiler or outdoor pellet boiler.

(b) No person shall operate any outdoor wood boiler or outdoor pellet boiler, installed after the effective date of this Chapter, that has been certified to meet a particulate emission limit of 0.32 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, if an abutting residence is located less than 300 feet from the outdoor wood boiler or outdoor pellet boiler, unless the outdoor wood boiler or outdoor pellet boiler has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor wood boiler or outdoor pellet boiler.

(4) Outdoor pellet boilers certified to meet particulate emission limits of 0.06 lbs/MMBtu heat output.

(a) No person shall install or allow the installation of any outdoor pellet boiler that has been certified to meet a particulate matter emission limit of 0.06 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, unless the outdoor pellet boiler:

(1) has an attached stack with a minimum stack height of 10 feet above ground level; or

(2) has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor pellet boiler, if an abutting residence is located less than 100 feet from the outdoor pellet boiler.

(b) No person shall operate any outdoor pellet boiler, installed after the effective date of this Chapter, that has been certified to meet a particulate emission limit of 0.06 lbs/MMBtu heat output, determined in accordance with Section 3(E) of this Chapter, if an abutting residence is located less than 100 feet from the outdoor pellet boiler, unless the outdoor pellet boiler has an attached stack extending two feet higher than the peak of the roof of the structure being served by the outdoor pellet boiler.

(5) Outdoor wood boilers that have been modified to burn pellets. Outdoor wood boilers that have been modified to burn pellets must meet the applicable stack height ______Chapter 150: Control of Emissions from Outdoor Wood Boilers 5 DRAFT

06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION specified in Section 3(C) of this Chapter for the original particulate emission limit certification of the outdoor wood boiler, determined in accordance with Section 3(E) of this Chapter.

(6) In the case that there is no structure (e.g. swimming pool or hot tub) being served by an outdoor wood boiler or outdoor pellet boiler subject to Section 3(C), the owner or operator of the outdoor wood boiler or outdoor pellet boiler shall extend the stack two feet higher than the peak of the roof of the nearest building to the outdoor wood boiler or outdoor pellet boiler.

D. Commercial Outdoor Wood Boiler, Commercial Outdoor Pellet Boiler, Outdoor Wood Boiler or Outdoor Pellet Boiler with a rated thermal output greater than 350,000 Btu/hr Analysis Requirement

(1) Any person intending to install or operate a commercial outdoor wood boiler, commercial outdoor pellet boiler, an outdoor wood boiler, or outdoor pellet boiler with a rated thermal output greater than 350,000 Btu/hr shall obtain an evaluation, report and installation recommendations performed by a qualified professional, including a licensed professional engineer or a master solid fuel burner technician, that includes the following information:

(a) What type of application will the outdoor wood boiler or outdoor pellet boiler be used for;

(b) A determination of the heat load requirements of the facility as compared to the available heat supply of the outdoor wood boiler or outdoor pellet boiler to ensure the unit is properly sized;

(c) The stack location relative to the property lines and building locations within 400 feet of the outdoor wood boiler or outdoor pellet boiler;

(d) The stack height; and

(e) Recommendations for the proper outdoor wood boiler or outdoor pellet boiler installation, including but not limited to, hook-up, auxiliary fuel, properly sized outdoor wood boiler or outdoor pellet boiler, stack height and stack location.

(2) No person shall install or operate a commercial outdoor wood boiler, commercial outdoor pellet boiler, outdoor wood boiler or outdoor pellet boiler with a rated thermal output greater than 350,000 Btu/hr unless it is installed according to the recommendations of the evaluation report in Section 3(D)(1). In any case, no person shall install or operate a commercial outdoor wood boiler, commercial outdoor pellet boiler, an outdoor wood boiler or outdoor pellet boiler with a rated thermal output greater than 350,000 Btu/hr unless it meets the minimum setback and stack height requirements stated in Section 3(B) and 3(C) of this Chapter.

E. Certification of Outdoor Wood Boilers and Outdoor Pellet Boilers. No person shall supply, distribute, sell, lease, offer for sale, or allow the installation of an outdoor wood boiler or an outdoor pellet boiler in the State of Maine unless the outdoor wood boiler or outdoor pellet boiler has received certification pursuant to the EPA Outdoor Wood-Fired ______Chapter 150: Control of Emissions from Outdoor Wood Boilers 6 DRAFT

06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION Hydronic Heater Program. The certification shall demonstrate that the outdoor wood boiler or outdoor pellet boiler meets the applicable particulate emission standard in Section 3(A) of this Chapter. The manufacturer of any such outdoor wood boiler or outdoor pellet boiler shall conduct testing via the EPA Outdoor Wood-Fired Hydronic Heater Phase I Program until EPA replaces the EPA Outdoor Wood-Fired Hydronic Heater Phase I Program with the Environmental Technology Verification Program. The Department may approve an alternative certification program.

F. Sell-through exemption for Outdoor Wood Boilers. No person shall sell or offer for sale any outdoor wood boiler with a particulate emission rate greater than 0.60 lbs/MMBtu heat input as certified in accordance with Section 3(E) of this Chapter unless the outdoor wood boiler was purchased, paid for in full and received in the State of Maine before April 1, 2008 and the outdoor wood boiler meets all of the applicable requirements of this Chapter. Compliance with this Section must be demonstrated by keeping records of the purchase date and receipt date of their inventory as of the effective date of this Chapter. These records shall be kept for at least 5 years and shall be made available to the Department upon request. This exemption is effective until April 1, 2009.

G. Labeling Requirements. New outdoor wood boilers and outdoor pellet boilers shall be labeled in accordance with the labeling requirements of the U.S. Environmental Protection Agency Outdoor Wood-Fired Hydronic Heater Program. Requirements of this program are located at www.epa.gov/woodheaters/index.htm.

H. Rain Cap Prohibition. No person shall operate a new outdoor wood boiler or outdoor pellet boiler using a rain cap unless this device is required by the manufacturer specifications.

4. General Provisions and Requirements For All Outdoor Wood Boilers and Outdoor Pellet Boilers

A. Prohibited fuels. No person shall burn any of the following items in an outdoor wood boiler:

(1) any wood that does not meet the definition of clean wood; (2) garbage; (3) tires; (4) lawn clippings or yard waste; (5) materials containing plastic; (6) materials containing rubber; (7) waste petroleum products; (8) paints and paint thinners; (9) chemicals; (10) glossy or colored papers; (11) construction and demolition debris; (12) plywood; (13) particleboard; (14) salt water driftwood and other previously salt-water saturated materials; (15) manure; (16) animal carcasses; (17) asphalt products; ______Chapter 150: Control of Emissions from Outdoor Wood Boilers 7 DRAFT

06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION (18) materials containing asbestos; (19) materials containing lead, mercury, or other heavy or toxic metals; and (20) coal, unless the outdoor wood boiler is specifically designed to burn coal.

B. Fuel Requirements

(1) No person that operates an outdoor wood boiler shall use a fuel other than the following:

(a) Clean wood;

(b) Wood pellets made from clean wood;

(c) Home heating oil in compliance with the applicable sulfur content limit, propane or natural gas may be used as starter or supplemental fuels for dual-fired outdoor wood boilers; and

(d) Other fuels as approved by the Department.

(2) No person that operates an outdoor pellet boiler shall use a fuel other than the following:

(a) Wood pellets made from clean wood;

(b) Corn; and

C. Visible Emission Standard. No person shall cause or allow the emission of a smoke plume from any outdoor wood boiler or outdoor pellet boiler to exceed an average of 30 percent opacity on a six minute block average basis, except for no more than two six minute block averages in a 3-hour period. Opacity under this subsection shall be determined pursuant to EPA Method 9 Visual Determination of the Opacity of Emissions from Stationary Sources (40CFR60, Appendix A).

D. Greenhouse Gas Emission Standard. No person shall cause or allow the emission of CO2e from any outdoor wood boiler or outdoor pellet boiler to exceed an average of ### ppm per hour.

ED.Enforcement and Preemption. This rule is subject to enforcement pursuant to 38 MRSA §347-A. Nothing in Chapter 150 may be construed as pre-empting any otherwise applicable, statute, regulation, local ordinance or otherwise applicable private common law cause of action.

FE.Notice to Buyers

(1) No outdoor wood boiler or outdoor pellet boiler subject to the requirements of this Chapter shall be offered, sold, offered for retail sale, or leased within the State of

______Chapter 150: Control of Emissions from Outdoor Wood Boilers 8 DRAFT

06-96 DEPARTMENT OF ENVIRONMENTAL PROTECTION Maine unless prior to any sales or lease agreement, the seller or dealer provides the prospective buyer or lessee with a copy of this Chapter and a written notice that:

(a) It is unlawful to burn garbage, treated or painted wood, plastic and plastic products, rubber products, yard waste, lawn clippings, glossy or colored papers, construction and demolition debris, materials containing asbestos, materials containing lead, mercury, or other heavy or toxic metals, plywood, particleboard, salt water driftwood and other previously salt water saturated materials, manure, animal carcasses, asphalt products, coal, unless the outdoor wood boiler is specifically designed to burn coal, waste petroleum products, paints, chemicals or any substance that normally emits dense smoke or obnoxious odors;

(b) Installation of an outdoor wood boiler or outdoor pellet boiler may be subject to other applicable State and local stack height and setback requirements;

(c) The applicable distance and stack height requirements provided in Section 3(B) and 3(C) of this Chapter may not be adequate in some areas due to terrain that could render the operation of an outdoor wood boiler or outdoor pellet boiler to be a nuisance or public health hazard; and

(d) States the specific results of the average and maximum emission rates of particulate matter for the outdoor wood boiler or outdoor pellet in grams per hour per the testing determined in accordance with Section 3(E) of this Chapter and the average delivered heating efficiency as found in the test reports that were used for certification of the units or a statement that the outdoor wood boiler or outdoor pellet boiler has not been tested or certified.

(2) The written notice specified above shall be signed by the buyer or lessee at the time of purchase or lease to indicate receipt of notice. Said notice shall contain the names; addresses; telephone number of both the seller or dealer and the buyer or lessee; the location where the outdoor wood boiler or outdoor pellet boiler will be installed; and the make and model of the outdoor wood boiler or outdoor pellet boiler. The dealer shall keep these records for 5 years and provide them to the Department upon request.

GF. Owner’s Manual. Each outdoor wood boiler or outdoor pellet boiler offered for sale or lease must be accompanied by an owner’s manual that shall contain all the information listed below:

(1) Thermal output capacity;

(2) Proper installation information;

(3) Operation and maintenance information to minimize emissions;

(4) Wood loading procedures, recommendations on wood selection, and warnings on improper fuels;

(5) Fire starting procedures;

(6) Proper use of air flow devices, if applicable; ______Chapter 150: Control of Emissions from Outdoor Wood Boilers 9 DRAFT

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(7) Ash removal procedures;

(8) For catalytic models, information pertaining to maintaining catalyst performance, maintenance procedures, procedures for determining catalyst failure or deterioration, procedures replacement, and information on warranty rights.

(9) Language stating: Improper use or failure to maintain the outdoor wood boiler or outdoor pellet boiler may cause nuisance conditions. Persons operating this outdoor wood boiler or outdoor pellet boiler are responsible for operation of the outdoor wood boiler or outdoor pellet boiler so as not to cause a nuisance condition. Even proper use and maintenance of the outdoor wood boiler or outdoor pellet boiler, and meeting the distance and stack height recommendations and requirements in State and local regulations may not always be adequate to prevent nuisance conditions in some areas due to terrain or other factors.

5. Nuisance Conditions

A. Standard. No person shall operate an outdoor wood boiler or an outdoor pellet boiler, that produces visible emissions, measured as any opacity totaling twelve minutes in any hour, that cross onto any land or buildings immediately adjacent to a dwelling or commercial building not owned by the owner of the outdoor wood boiler. Opacity under this subsection shall be determined pursuant to EPA Method 22 Visual Determination of Fugitive Emissions from Material Sources and Smoke Emissions from Flares (40CFR60, Appendix A).

B. Prohibition. No person shall operate an outdoor wood boiler or an outdoor pellet boiler, in such a manner as to create a nuisance.

6. Third Party Sales

As of the effective date of this Chapter, an outdoor wood boiler or outdoor pellet boiler that has been owned by an individual and was in use in Maine prior to the effective date of this Chapter may be distributed or sold to another individual for his or her own personal use. The outdoor wood boiler or outdoor pellet boiler shall be subject to the applicable setback and stack height requirements specified in Section 3(B) and 3(C). If the particulate emission limit is not known, the outdoor wood boiler or outdoor pellet boiler must meet the setback and stack height requirements of Section 3(B)(1)and 3(C)(1).

7. Effective date

Unless otherwise noted, compliance with all applicable provisions of this Chapter is the effective date of the regulation.

8. Severability

Each Section of this Chapter shall be deemed severable, and in the event that any Section of this Chapter is held invalid, the remainder shall continue in full force and effect.

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AUTHORITY: 38 M.R.S.A., §585-A, §610-B; P.L. 2007 c. 442

EFFECTIVE DATE: November 9, 2007, filing 2007-485 (Emergency major substantive adoption) (APA Office Note: there was no major substantive provisional adoption) July 4, 2008, filing 2008-237 (Major substantive final adoption) April 7, 2009 – filing 2009-143 April 11, 2010 – filing 2010-124

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Chapter 164: GENERAL PERMIT FOR CONCRETE BATCH PLANTS

SUMMARY: This Chapter regulates air emissions from Concrete Batch Plants that are subject to State air emissions standards. Owners and operators of Concrete Batch Plants may obtain specific regulatory coverage under this General Permit regulation in lieu of an individual air emission license if their facility qualifies as a minor source of air emissions. A Concrete Batch Plant General Permit Number (GPN) for each unit may be obtained by submitting an application with Notification of Intent to Comply (NOITC) attesting to their formal agreement to abide by all conditions of this Chapter. Generator sets and small boilers and hot water heaters do not require a separate GPN but are subject to the provisions of the General Permit when associated with the operations of a concrete batch plant. If construction, modification or operation of a concrete batch plant would not comply with all conditions of this regulation, the owner must apply for and obtain an air emission license pursuant to 06-096 CMR Ch. Ch. 115 before beginning the actual construction, modification, or operation of the air emissions source.

1. Applicability

A. 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;

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(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.

2. Definitions. The following terms, as used in this Chapter, have the following meanings:

A. Authorized Official. “Authorized Official” means any duly authorized person given permission by an owner/operator to conduct business with the Department on their behalf.

B. Facility. “Facility” means the aggregate of all the non-temporary pollutant-emitting activities which are located on one or more contiguous or adjacent properties and are under the control of the same person (or persons under common control).

C. Concrete Batch Pant. “Concrete Batch Plant (CBP)” means a facility manufacturing concrete from any combination of cement, cement supplement, fine aggregate, coarse aggregate and water. The CBP includes associated aggregate bins, weigh hoppers and cement storage silos.

D. Operator. “Operator” means any person has direct control or supervision over a regulated source (Concrete Batch Plant and/or power plant engine and/or boiler or hot water heater) and who has a registered agreement to operate such equipment in accordance with the conditions of this regulation. The operator may also be the owner of the equipment.

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E. Owner. “Owner” means any person who legally owns a regulated source (Concrete Batch Plant, and/or power plant engine and/or boiler or hot water heater) and who receives a General Permit for that regulated source under the terms of this regulation. The owner may also be the operator of the equipment.

F. Performance Test. “Performance Test” means a certified visible emissions observation performed per EPA Method 9. The duration of the Method 9 observation shall be 30 minutes (five 6-minute averages). Compliance with the applicable fugitive emission limits shall be based on an average of the five 6-minute averages.

G. Portable Non-Road Engine. “Portable Non-Road Engine” means an internal combustion engine which is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. This definition does NOT include engines which remain or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period.

An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year.

H. Portable Plant. “Portable Plant” means any Concrete Batch Plant that is mounted on any chassis or skids and may be moved by the application of a lifting or pulling force.

I. Power Plant Engine. “Power Plant Engine” means any internal combustion engine whose function is to power a concrete batch plant including gen-sets, direct drive engines, and engines used to power hydraulic drives.

J. Safe Access. “Safe Access” means reasonable access to the regulated facility which complies with safety requirements of all local, state, or federal regulating authorities as well as the written safety standard operating procedures for that facility.

K. Stationary Plant. “Stationary Plant” means any Concrete Batch Plant that cannot meet the definition of “Portable Plant.”

L. Temporary Equipment. “Temporary Equipment” means any pollutant-emitting equipment or devices which are operated at a particular site for less than four (4) consecutive weeks in a calendar year.

3. Terms and Conditions for Concrete Batch Plant (CBP) General Permit Applications

A. Registration of Owner and Operator. Prior to the operation of a CBP, the owner shall either obtain an air emission license per the requirements of 06-096 CMR Ch. 115 or register

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the equipment with the Department and receive a General Permit Number (GPN). If the Owner elects to register the equipment under this rule (instead of obtaining a license under 06-096 CMR Ch. 115), the Operator must also submit the Notice of Intent to Comply (NOTIC) per Section 3(D) of this rule prior to operation of the equipment. The owner and operator may be the same.

B. Required General Permit (GP) Application Form and Additional Information. The application for a GP shall include an application form prescribed by the Department and any other additional information required by the Department, unless otherwise specified by this Chapter. The applicant may not omit information needed to determine the applicability of this rule. The application form and the additional required information shall include, but is not limited to, the following elements:

(1) Identifying information, including contact information for the Owner;

(2) The manufacturer, model, date(s) of manufacture and installation and maximum processing rate of the Concrete Batch Plant, whether the Concrete Batch Plant is portable, information on the source of the power supply, and any other equipment on-site;

(3) A unique identifier, such as a serial number associated with the GPN;

(4) Any other information that may be necessary to implement and enforce any federal or state air emissions control requirements applicable to the source;

(5) If required by the Department, proposed monitoring, testing, record keeping and reporting protocols, and results of previously performed performance tests; and

(6) A certification statement as set forth in Section 3(F).

C. Equipment Identification Label. The Department will assign a unique General Permit Number (GPN) to each Concrete Batch Plant for which an application has been submitted. The Concrete Batch Plant unit associated with the GPN shall be clearly marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the following:

(1) The current GPN number; or

(2) A serial number or other unique equipment number that is also listed in the GPN application and which can easily be cross referenced.

D. Notice of Intent to Comply. The operator shall submit, on a form designated by the Department, a Notice of Intent to Comply (NOITC). The NOITC shall be submitted to the Department at least two business days prior to commencing operation of the equipment. A copy of the NOITC shall also be sent 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. Once the NOITC is submitted, the operator is bound by the conditions of this regulation and shall comply with all applicable conditions until such time as the operator informs the Department, in writing, that they no longer intend to operate

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the listed equipment or the owner or operator applies for and obtains an air emission license pursuant to 06-096 CMR Ch. 115.

E. Required NOITC Information. The NOITC shall be in a form prescribed by the Department. The NOITC information shall include, but is not limited to, the following elements:

(1) The GPN or manufacturer’s serial number that is permanently marked on the unit if the NOITC is submitted separately from the GP application form;

(2) Identifying information, including the CBP location along with contact information for the operator and plant operator responsible for the unit;

(3) A statement that the operator intends to comply with and operate the listed equipment according to the terms and conditions set forth in this chapter;

(4) Any other information that may be necessary to implement and enforce all requirements applicable to the source pursuant to federal or state air emission control regulations; and

(5) A compliance certification statement as set forth in Subsection 3 (F).

F. Certification. All General Permit applications and NOITC certification forms submitted to the Department in accordance with this chapter shall contain a certification of truth, accuracy, and completeness with the signature and printed name of either the responsible official pursuant to 06-096 CMR Ch. 100, Definitions, or an authorized official, as defined in this chapter. Signatures of authorized officials must be accompanied with a signed statement from the responsible official giving them the authority to sign on their behalf. The signatory sheet for the owner shall make the following certification:

"I certify under penalty of law that I have personally examined the information submitted in the document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. I am aware there are significant civil and criminal penalties for submitting false information, including the possibility of fine and imprisonment.”

The signatory sheet for the operator (NOITC form) shall include the certification in the paragraph above, in addition to the following certification:

“I certify that the equipment listed in this application shall be operated in compliance with the terms and conditions of 06-096 CMR Ch. 164, General Permit for Concrete Batch Plants and any other applicable state or federal air emission control regulations.”

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In the event of becoming aware that incorrect information was submitted, the responsible/authorized official must provide the Department with the supplementary facts or corrected information.

G. Public Notice of Intent to File. No application notification is required for the processing of a GP application or NOITC.

H. Fees. The owner/operator shall pay an annual fee to the Department per 38 MRSA §353-A(4). The first year’s fee is due with the GP application form. Payment of the annual air emission general permit fee is required for continuous activation of the general permit. A general permit shall be deactivated if the permit fee is not paid within 60 days of the annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator must reapply for and obtain a new general permit before resuming operation of the CBP and associated equipment.

I. Application Submittal. An application for a GP shall be filed with the Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017.

J. Source obligation. Neither a GP nor submittal of an NOITC shall relieve any owner or operator of a source from the responsibility to comply fully with any other requirements applicable to the source.

K. Public access to information and confidentiality. All information and data submitted to the Department shall be subject to the provisions of the Freedom of Access Law, Title 1 MRSA §401 et seq., as amended. Documents which the applicant believes may not be subject to disclosure under the Freedom of Access Law should be clearly marked as “claimed confidential” at the time of submission. Such a claim of confidentiality does not itself protect the documents from disclosure, but alerts the Department to the applicant’s position that the documents may not be subject to disclosure. 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 used in determining control technology requirements.

4. Concrete Batch Plant General Permit Requirements for Owners

A. Employees and authorized representatives of the Department shall be allowed safe access to the owner’s business 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 (Title 38 MRSA §347-C). Prior to entrance to the owner’s property, the Department shall notify the owner and the plant operator, or designee, who shall provide safe access that complies with safety requirements of all local, state, and

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federal regulating authorities as well as all written safety standard operating procedures for that facility.

B. The owner shall pay the annual air emissions general permit fee to the Department, pursuant to Title 38 M.R.S.A §353-A, 10. Failure to pay this annual fee within the stated timeframe is sufficient grounds for revocation of the GP.

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

D. The owner 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.

E. The owner 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.

F. Upon written request from the Department, the owner shall establish and maintain records, make reports, install, use and maintain monitoring equipment, sample emissions (in accordance with methods, at locations, at intervals, and in such a manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine compliance status.

5. Concrete Batch Plant General Permit Requirements for Operators

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.

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(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.

(11) Notwithstanding any part of this regulation, the owner/operator is subject to the applicable parts of 06-096 C.M.R. ch. 167. Greenhouse Gas Emission Standards.

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.

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(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:

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

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

(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

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(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.

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(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.

6. Severability. Each part of this Chapter is severable, and in the event that any part of this Chapter is held to be invalid, the remainder of the Chapter shall continue in full force and effect.

______

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AUTHORITY: 38 M.R.S.A. §585-A

EFFECTIVE DATE: May 6, 2012 – filing 2012-135

AMENDED: April 27, 2014 – filing 2014-084

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Chapter 165: GENERAL PERMIT FOR CLASS IV-A INCINERATORS

SUMMARY: This Chapter regulates air emissions from Class IV-A Veterinary Incinerators and Human Crematory Incinerators. Owner/operators of Class IV-A Incinerators may obtain specific regulatory coverage under this General Permit regulation in lieu of an individual air emission license if their facility qualifies as a minor source of air emissions. Such parties shall do so by obtaining a Class IV- A Incinerator General Permit (GP) for each Class IV-A Incinerator unit by submitting a General Permit application with Notification of Intent to Comply (NOITC) which will attest to their formal agreement to abide by all conditions contained herein. If the construction, modification, or operation of a Class IV-A Incinerator by the owner/operator would not comply with all conditions of this regulation, the owner/operator must apply for and obtain an individual state air emission license before beginning the actual construction, modification, or operation of the air emissions source.

1. Applicability

A. This regulation applies statewide.

B. This regulation supersedes Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR 2, where applicable.

C. This regulation applies to all Class IV-A Veterinary Incinerators (VI) and Human Crematory Incinerators (HCI) unless the unit would be required to be covered under a separate state air emission license.

D. This regulation applies to a facility which is a minor source of air emissions pursuant to Department regulation 06-096 CMR 100 Definitions; that is not defined as a Part 70 source and is not subject to 06-096 CMR Emission Statements. This regulation does not exempt a minor source from any applicable state or federal requirements including 06-096 CMR 143 New Source Performance Standards or 06-096 CMR 144 National Emission Standards for Hazardous Air Pollutants.

E. This regulation applies if the incinerator unit has a maximum heat input less than 10.0 MMBtu/hr.

F. This regulation applies if the aggregate of all fuel burning equipment at a facility, under control of the owner/operator burns less than 65,000 gallons of diesel, #2, #4, or #6 fuel oil or equivalent natural gas/propane fuel in a calendar year.

G. Exclusions. A source shall not be issued a GP if:

(1) It is determined by the Department 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; or

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(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/operator owes past due fees or civil penalties to the Department from previous licenses, permits or consent agreements.

2. Definitions

The following terms, as used in this Chapter, have the following meanings:

A. Authorized Official. “Authorized Official” means any duly authorized person given permission by an owner/operator to conduct business with the Department on their behalf.

C. Class IV-A Human Crematory Incinerator. “Class IV-A Human Crematory Incinerator” means crematory and pathological incinerators, suitable for human remains such as bodies, organs, and solid organic wastes from hospitals, laboratories and similar sources consisting of up to 85% moisture, 5% incombustible solids, and a heating value of approximately 1000 BTU/lb as fired.

D. Class IV-A Veterinary Incinerator. “Class IV-A Veterinary Incinerator” means any crematory or pathological incinerators, suitable for the cremation of animal remains such as carcasses, organs, and solid organic wastes consisting of up to 85% moisture, 5% incombustible solids, and a heating value of approximately 1000 BTU/lb as fired.

E. Incinerator Operator. “Incinerator Operator” means any person designated to operate a Veterinary Incinerator or a Human Crematory Incinerator unit in accordance with the manufacturers operating guidelines under the supervision of an Owner/Operator.

F. Owner/Operator. “Owner/Operator” means any person who owns or has direct control or supervision over a regulated Class IV-A Veterinary Incinerator or Human Crematory Incinerator, and who receives a Class IV-A Incinerator General Permit under the terms of this regulation.

G. Safe Access. “Safe Access” means reasonable access to the regulated facility which complies with safety requirements of any local, state, or federal regulating authority.

3. Terms and Conditions for Processing Class IV-A Incinerator General Permit Applications

A. Registration of Owner. Prior to the construction, modification or operation of a Class IV-A Veterinary Incinerator or Human Cremator Incinerator, the owner shall either obtain an air emission license pursuant to the requirements of 06-096 CMR 115 Major and Minor Source Air Emission License Regulations, or apply to register the equipment with the Department to obtain a

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General Permit (GP) for each unit to be operated. The owner/operator must submit a Notice of Intent to Comply (NOITC) to the Department as part of the general permit application. The Department will then issue a GP notification letter that will notify the applicant when they can commence operation.

B. Required GP Application Form and Additional Information. The application for a general permit shall include an application form prescribed by the Department and any other additional information required by the Department, unless otherwise specified by this Chapter. The application may not omit information needed to determine the applicability of this rule. The application form and the additional required information shall include, but is not limited to, the following elements:

(1) Identifying information, including contact information for the owner/operator;

(2) The manufacturer, model, date(s) of manufacture and installation, and maximum charging rate of the incinerator to be issued a GP;

(3) A unique identifier, such as a serial number, etc. associated with this GP;

(4) Any other information that may be necessary to implement and enforce any state or federal air emission control requirements applicable to the source;

(5) If required by the Department, proposed monitoring, testing, record keeping and reporting protocols, and results of previously performed performance tests;

(6) A certification statement as set forth in this Section; and

(7) A copy of the public notice newspaper tear sheet.

C. Equipment Identification Label. Once an application has been received, the Department will assign a unique identifier general permit number (GPN) for each Class IV-A Veterinary Incinerator or Human Crematory Incinerator. The Class IV-A Incinerator associated with the GPN shall be clearly marked (engraved, stenciled, etched, or otherwise permanently affixed) with one of the following:

(1) The current GPN number, or

(2) A serial number or other unique equipment number that is also listed in the GPN application and which can easily be cross referenced.

D. Notice of Intent to Comply. A Notice of Intent to Comply (NOITC) certification statement is required as part of the standard General Permit application. A copy of the NOITC shall also be sent to the municipality where the equipment will be located, except in the case of an unorganized territory where notification will be made to the respective county commissioners. Once the General Permit is issued, the owner/operator is bound by the conditions of this regulation and must comply with any and all applicable conditions until such time as the owner/operator informs

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the Department, in writing, that they no longer intend to operate the listed equipment or the owner/operator applies for and obtains a Chapter 115 air emission license.

E. Required NOITC Information. The NOITC shall be a section of the application form that is prescribed by the Department. The NOITC information shall include, but is not limited to, the following elements:

(1) A previously assigned GPN or manufacturers serial number that is permanently marked on the unit;

(2) Identifying information, including location and contact information for the owner/operator;

(3) A statement that the owner/operator intends to comply with and operate the listed equipment to the terms and conditions set forth in this chapter;

(4) Any other information that may be necessary to implement and enforce any federal or state air emissions control requirements applicable to the source; and

(5) A compliance certification statement as set forth in this Section.

F. Certification Statement. All General Permit applications submitted to the Department in accordance with this chapter shall contain an NOITC certification of truth, accuracy, and completeness with the signature and printed name of either the owner/operator or responsible official as defined in Section 2 of this Chapter. Pursuant to 06-096 CMR 100 Definitions, signatures of authorized officials must be accompanied by a signed statement from the owner/operator or responsible official, giving them the authority to sign on their behalf. The signatory sheet shall make the following certification:

"I certify that the equipment listed in this application shall be operated in compliance with the terms and conditions of 060-096 CMR 165 General Permit for Class IV-A Incinerators and any other state or federal air emission control regulations that are applicable. I certify under penalty of law that I have personally examined the information submitted in the document and all attachments thereto and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate, and complete. I authorize the Department to enter the property that is the subject of this application, at reasonable hours, including buildings, structures or conveyances on the property, to determine the accuracy of any information provided herein. I am aware there are significant civil and criminal penalties for submitting false information, including the possibility of fine and imprisonment. I certify that this operation shall fully comply with all General Permit regulations for this type of facility/unit.”

In the event of becoming aware that incorrect information was submitted, the responsible/authorized official must provide the Department with the supplementary facts or corrected information.

G. Public Notice of Intent to File. A public notice of intent to file under Chapter 165 shall be published in a local newspaper no more than 30 days before an application is submitted. A copy of the tear sheet is required for the processing of a General Permit application.

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H. Fees. The owner/operator shall pay an annual fee to the Department pursuant to 38 MRSA §353-A(4). The first year’s fee is due with the GPN application form. Payment of the annual air emission permit fee is required for continuous activation of the General Permit. A general permit shall be deactivated if the permit fee is not paid with 60 days of the annual fee due date shown on the invoice. If a permit is deactivated, the owner/operator must reapply for a general permit when they want to resume operations.

I. Application Submittal. An application for a General Permit and NOITC must be filed with the Department of Environmental Protection. Applications may be submitted via fax provided the original application is received by the Department within seven calendar days.

J. Source obligation. Neither a General Permit nor an NOITC shall relieve any owner/operator of a source from the responsibility to fully comply with any other requirements applicable to the source.

(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.

4. Class IV-A Incinerator General Permit Conditions and Emission Control Requirements

A. General Conditions. Notwithstanding any part of this regulation, the owner/operator is subject to the applicable parts of 06-096 CMR ch. 101 Visible Emissions, and 06-096 CMR ch. 167, Greenhouse Gas Emission Standards.

(1) Employees and authorized representatives of the Department shall be allowed safe access to the owner/operator’s business 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 pursuant to Title 38 MRSA §347-C. Prior to entrance on the premises, the Department shall notify the owner/operator, or a designee of a need to inspect the facility. The owner/operator shall provide safe access that complies with safety requirements of any local, state, or federal regulating authority.

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

(3) The owner/operator shall maintain sufficient operational records to accurately document compliance with emission standards and general permit conditions as stipulated in this Chapter and shall maintain such records for a minimum of six (6) years. The records maintained on site shall also include a copy of the GP Application, applicable NOITC forms and the manufacturers operating instructions. Records shall be submitted to the Department upon written request.

(4) The owner/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 emissions license pursuant to 06-096 CMR 115 shall not override any condition of this general permit.

(5) The owner/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.

(6) 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, regulation, or Part 70 license requirement.

(7) Upon written request from the Department, the owner shall establish and maintain such records, make such reports, install, use and maintain such monitoring equipment, sample such emissions (in accordance with such methods, at such locations, at such intervals, and in such a manner as the Department shall prescribe), and provide other information as the Department may reasonably require to determine compliance status.

(8) The owner/operator shall keep a copy of the NOITC form available at the site where the facility operates and provide it to Department employees upon request.

(9) The owner/operator shall insure that all persons authorized as incinerator operator(s) be familiar with the terms and conditions of this general permit.

B. Class IV-A Incinerator Operation and Emission Control Requirements. The owner/operator shall maintain and operate the emission control equipment on the Class IV-A Veterinary Incinerator or Human Crematory Incinerator as necessary to maintain temperatures and limit visible emissions to the opacity standard listed in this Subsection and the manufacturers operating guidelines.

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

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(2) The incinerator shall be used for the disposal of Type 4 Waste in Class IV-A Veterinary Incinerators or Human Crematory Incinerators, as defined in 06-096 CMR 100 Definitions Regulation. Class IV-A Incinerators shall not be used for the disposal of plastics, cytotoxic (antineoplastic) drugs or any radioactive wastes and shall not be used to dispose of any medical waste classified as Type 7 Infectious waste, as defined in 06-096 CMR 100 Definitions. However, the incidental use of plastics used in wrapping animal carcasses for handling and storage purposes is allowed.

(3) The incinerator shall not exceed its maximum design charging rate. Auxiliary fuel input to the primary and secondary chamber shall be Liquid Propane (LP), Liquid Natural Gas (LNG), Natural Gas (NG) or #2 fuel oil.

(4) The incinerator combustion gases shall vent to a stack which has a stack height of at least 60 percent of Good Engineering Practice (GEP), based upon the facility building dimensions.

(5) An operational log shall be maintained recording the weight of each charge to the incinerator, preheat temperature, preheating time, charging time, afterburner temperature directly after charging and every 60 minutes after startup until and including final shutdown time. The facility may make use of a temperature chart recorder on the incinerator unit to record the start time, date, and the weight of remains charged.

(6) The secondary chamber of the incinerator shall be maintained at or above 16000 F prior to commencing the burn cycle and shall be maintained at or above 16000 F throughout the duration of the burn.

(7) Once the burn cycle has commenced by introduction of primary chamber combustion, the incinerator shall be operated in an efficient manner and as specified by the manufacturer for the period of time between preheat and reaching the set operational temperature to be a minimum of 1600° F in the secondary chamber.

(8) A pyrometer and ¼ inch test port shall be maintained at that location of the incinerator or refractory lined stack which provides sufficient volume to insure a flue gas retention time of not less than 1.0 seconds at minimum temperature of 16000 F.

(9) The owner/operator shall not exceed a particulate matter emission limit of 0.12 gr/dscf (grains per dry standard cubic foot) corrected to 12 percent CO2 from the auxiliary fuel.

(10) Visible emissions from the incinerator shall not exceed an opacity limit of 10 percent based on a six (6) minute block average basis.

(11) Greenhouse Gas Emission from the incinerator shall not exceed a limit of CO2e to be determined by the Department in compliance with 06-096 C.M.R. ch. 167, Greenhouse Gas Emission Standards.

(1211)All persons designated as incinerator operator(s) shall receive adequate training to operate the incinerator in accordance with the manufacturer’s specifications, and shall be familiar with the terms of the General Permit as it pertains to the operation of the incinerator.

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5. General Permit Class IV-A Incinerator Record Keeping, Testing and Reporting Requirements

A. Record Keeping Requirements

(1) The owner/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.

(1) The owner/operator shall maintain a log detailing and quantifying the hours of operation on a daily basis for each Class IV-A Veterinary Incinerator or Human Crematory Incinerator. The log shall record the weight of each charge to the incinerator, preheat temperature, preheating time, charging time, afterburner temperature directly after charging and every 60 minutes after startup until and including final shutdown time. The operation log shall be kept on-site at the incinerator location.

(2) The owner/operator shall maintain a log detailing the maintenance of emission 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 incinerator location.

(3) The owner/operator shall maintain records of malfunctions, failures, downtime, 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.

(4) Although it is not being required at this time, the installation and operation of continuous recording devices may become necessary to document compliance with the temperature requirements of this permit. If the Department determines that continuous recording devices are necessary, the permit holder shall, within 120 days, demonstrate that continuous recorders have been installed and are operational and recording accurately.

B. Testing and Reporting Requirements

(1) In accordance with the Department’s air emission compliance test protocol and 40 CFR Part 60 or other approved method as required by the Department, the owner/operator shall:

(a) perform testing to demonstrate compliance with applicable emission standards under circumstances representative of the facility’s normal process and operating conditions. Testing shall be completed 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 that equipment may be operating out of compliance with emission standards or license conditions;

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(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 owner/operator shall correct malfunctions in the system and 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;

(c) the owner/operator may, upon the approval of the Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis prior to a demonstration of compliance under normal and representative process and operating conditions.

(4) The owner/operator shall notify the Department within two (2) days or the next state working day, whichever is later, of occasions where malfunctions, failures, downtime, and any other similar change in operation of air pollution control systems or the emissions unit itself that result in an increase of emissions. The owner/operator shall report all excess emissions in the units of the applicable emission limitation.

(5) Upon written request from the Department, the owner/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 to determine compliance status.

C. Severability. Each part of this Chapter is severable, and in the event that any part of this Chapter is held to be invalid, the remainder of the Chapter continues in full force and effect. ______

AUTHORITY: 38 M.R.S.A., §585-A

EFFECTIVE DATE: May 6, 2012 – filing 2012-136

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Chapter 167: GREENHOUSE GAS EMISSION STANDARDS

SUMMARY: This regulation establishes emissions standards for greenhouse gas emissions from air contaminant sources

1. Scope/Applicability

A. Geographic Scope. This regulation applies statewide.

B. Definitions. Unless otherwise noted, all terms have the same meanings set forth in 06-096 C.M.R. ch. 100.

C. General Requirement. No person shall emit or cause to be emitted any greenhouse gas in an amount that exceeds the emission standards promulgated pursuant to Section 2 of this Chapter, unless the source is listed in Section 3 of this Chapter. Certain sources may be required to achieve more stringent greenhouse gas emissions standards than those promulgated under this chapter by air emission license conditions, Best Available Control Technology (BACT), National Emission Standards for Hazardous Air Pollutants (NESHAPS), Best Practical Treatment (BPT) and/or New Source Performance Standards (NSPS).

2. Emission Standards

A. The following standards shall apply until 2035. The Commissioner shall set a goal for 2050 “sufficient to eliminate any dangerous threat to the climate.”1

B. Statewide Greenhouse Gas Emission Limit. The statewide greenhouse gas emission limit (10% reduction from 1990 levels) to be achieved by 2020 is equal to or below 19.07 million metric tons per year of carbon dioxide equivalents (CO2e), based on Maine’s history 1990 greenhouse gas emissions of 21.19 MMTCO2e.2 The statewide greenhouse gas emission limit for each year beyond 2020, shall be set as an 8% reduction from the prior year’s limit, beginning with a limit for 2021 of 17.55 million metric tons.3 The greenhouse gas limit excludes aviation and international bunker fuel emissions. The Department may update the numerical greenhouse gas emission limit should improved methodologies and data become available for measuring emissions. The Department shall make any such modification to the numerical greenhouse gas emission limit pursuant to its regular rulemaking processes. The limit serves as a monitor of progress on the statutory greenhouse gas reduction goals, specifically to determine the

1 38 M.R.S. § 576(3) (2012) 2 21.19 MMTCO2e x 0.90 = 19.07 MMTCO2e 3 19.07 MMTCO2e x 0.92 = 17.55 MMTCO2e

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achievement and maintenance of the state's short-term greenhouse gas reductions of 10% from 1990 levels by 2020 and long-term reductions of 75-80% from 2003 levels by 2035.

C. Emission Limits for Emission Source Categories. The Department may establish minimum facility-wide greenhouse gas emission limits, in tons per year CO2e, for various emission source categories in order to achieve the statewide limit in Section 2(B) by 2020. Any such source category emission limits shall be reviewed every five years from their effective date.

3. Greenhouse Gas Emission Reduction Plans

A. This section applies to an owner or operator of either:

(1) a stationary source with the potential to emit greenhouse gas emissions (biogenic plus non- biogenic) equal to or above 10,000 tons per year CO2e; or

(2) a vehicle fleet of automobiles and/or trucks registered in the State of Maine with the potential to emit 5,000 tons per year CO2e.

B. Each owner or operator of a stationary source or vehicle fleet meeting the requirements of Section 3(A) of this Chapter shall submit a greenhouse gas emission reduction plan for the Commissioner’s approval within twelve (12) months of the effective date of this Section. An owner or operator may submit up to one (1) written request for an extension 30 days prior to the deadline.

C. Each greenhouse gas emission reduction plan for a stationary source shall establish a minimum facility-wide greenhouse gas emission cap in tons year CO2e, to be achieved by 2020 and thereafter reduced by 8% year-on-year until at least 2035. The minimum facility-wide greenhouse gas emission cap shall be based on the statewide greenhouse gas emission limit in Section 2(B) of this Chapter, or, if applicable, a source category emission limit promulgated pursuant to Section 2(B) of this Chapter. The minimum facility-wide greenhouse gas emissions cap shall be calculated based on the proportion of the statewide, or source category, greenhouse gas emissions attributable to that facility in the prior year or projected greenhouse gas emissions if the facility was not fully operational during the prior year. The formula for calculating the minimum facility-wide greenhouse gas emissions cap is as follows:

Minimum facility-wide greenhouse gas emissions cap = annual facility-wide greenhouse gas emissions (actual from prior year or projected) / annual statewide (or source category) greenhouse gas emissions * statewide (or source category) greenhouse gas emission limit.

D. Each greenhouse gas emission reduction plan for a stationary source shall indicate how the facility will comply with Chapters 115, 117, 121, 127, 137, 140, 146, 148, 150 164, 165, and 305, as amended, if applicable.

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E. Each greenhouse gas emission reduction plan for a stationary source will be used to evaluate and establish an annual facility-wide greenhouse gas emissions cap for the stationary source in support of achieving and maintaining the statewide greenhouse gas limit. The approved facility- wide greenhouse gas emissions cap and the associated provisions will be made part of any existing Part 70 permit, and may be revised through the permit process to respond to new rules, updated technology, greenhouse gas reduction initiatives, and any other circumstances deemed necessary by the Commissioner to facilitate the state’s greenhouse gas limit.

F. Once a greenhouse gas emissions plan is approved and integrated into any existing Part 70 permit, the greenhouse gas emission reduction plan shall become a part of the permit application process for renewals and any required modifications. With each subsequent greenhouse gas emission reduction plan submittal, the owner or operator of the stationary source shall report:

(1) the greenhouse gas emission reduction status;

(2) factors contributing to the emissions changes;

(3) any control measure updates; and

(4) any new developments or changes that would affect the basis of the facility-wide greenhouse gas emissions cap.

G. Each greenhouse gas emission reduction plan for a vehicle fleet shall establish a minimum fleet- wide greenhouse gas emissions cap in tons per year CO2e, to be achieved by 2020 and thereafter reduced by 8% year-on-year until at least 2035. The minimum fleet-wide greenhouse gas emissions cap shall be based on the statewide greenhouse gas emissions limit in Section 2(B) of this Chapter. The minimum fleet-wide greenhouse gas emissions cap shall be calculated based on the average greenhouse proportion of the statewide greenhouse gas emissions attributable to that fleet in the prior year. The emissions for vehicles in the fleet shall be calculated based on miles travelled multiplied by the average emissions per mile of specific vehicle model; the emissions from each vehicle in the fleet will then be summed to calculate fleet-wide emissions. The formula for calculating the minimum fleet-wide greenhouse gas emission cap is as follows:

Minimum fleet-wide greenhouse gas emissions cap = fleet-wide greenhouse gas emissions from prior year / statewide greenhouse gas emissions form prior year * statewide greenhouse gas emission limit

H. Each greenhouse gas emission reduction plan, for either a stationary source or vehicle fleet, shall include monitoring and recording of greenhouse gas emissions on at least a quarterly basis. These records must be submitted to the Department on at least a quarterly basis and include a comparison of recorded greenhouse gas emissions to the facility-wide greenhouse gas emissions

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cap in the greenhouse gas emissions reduction plan for that stationary source or vehicle fleet. Each stationary source shall report greenhouse gas emissions in an emission statement according to the terms of 06.-09 C.M.R. ch. 137.

4. Enforcement of this Chapter

A. Failure to submit an adequate greenhouse gas emission reduction plan, or failure to submit relevant facts or correct information upon becoming aware of such failure, constitutes a violation of this Chapter. During the processing of a greenhouse gas emission reduction plan, if the Department determines that a re-submittal of the plan is required, or submittal of additional information is necessary to evaluate or take final action on the plan, the Department may make the request in writing and set a reasonable deadline for the response.

B. If the owner or operator of a stationary source or vehcle fleet meeting the requirement of Section 3(A) of this Chapter fails to submit an adequate greenhouse gas emission reduction plan, or if a facility- or fleet--wide greenhouse gas emissions cap cannot be mutually agreed upon, the Department reserves the right to establish, and incorporate into any applicable permit, a facility- or fleet-wide greenhouse gas emissions cap as required or the lowest cap deemed achievable by the stationary source or vehicle fleet based on the intent of this Chapter.

C. Should the facility- or fleet-wide greenhouse gas emissions cap not be met by January 1, 2020 and annually reduced thereafter at a rate of 8% per year, the owner or operator of the stationary source or vehicle fleet shall be subject to enforcement action for each quarter after 2019 that the facility- or fleet-wide cap is not met. Compliance with the facility- or fleet-wide cap shall be determined at the end of each calendar year, or January 1 of the following year, starting with the end of 2019 or January 1, 2020. Each CO2e ton over the cap shall constitute a separate offense and violation.

5. Review and Update. Not later than December 31, 2021, the Department shall complete a review, including an opportunity for public comment, of the requirements of this Chapter to determine whether the emissions standards should be amended in order to ensure compliance with the goals set forth in 38 M.R.S. § 576. This review shall evaluate annual greenhouse gas emissions, the statewide and source category emissions limits, the greenhouse gas emission reduction plan process, and any other information relevant to review of this Chapter. If the Department determines that the provisions in this Chapter, or any Chapters enacted pursuant to it, are not adequate to meet the goals set forth in 38 M.R.S. § 576, the Department shall revise those provisions to ensure the attainment of those statutory goals.

AUTHORITY: 38 M.R.S. Section 585 38 M.R.S. Section 576

EFFECTIVE DATE:

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Chapter 168: SULFUR HEXAFLUORIDE EMISSIONS STANDARDS

SUMMARY: This regulation establishes emissions standards for sulfur hexafluoride from gas-insulated switchgear operators.

1. Purpose. This section seeks to achieve greenhouse gas emission reductions by reducing sulfur hexafluoride (SF6) emissions from gas-insulated switchgear.

2. Definitions. The definitions of 06-096 C.M.R. ch. 100 apply to this section. The following terms are defined as the following when they appear in this Section. If a term is defined in both 06-096 C.M.R. ch. 100 and this Section, the following definitions apply for this Section only.

A. Active GIS Equipment. “Active GIS equipment” means non-hermetically sealed SF6 gas- insulated switchgear that is:

(1) connected through busbars or cables to the GIS owner’s electrical power system; or

(2) fully-charged, ready for service, located at the site in which it will be activated, and employs a mechanism to monitor SF6 emissions.

Active GIS Equipment does not include equipment in storage.

B. Electrical Power System. “Electrical power system” means the combination of electrical generators (e.g., power plants), transmission and distribution lines, equipment, circuits, and transformers used to generate and transport electricity from the generators to consumption areas or to adjacent electrical power systems.

C. Federal Reporting GIS Owner. “Federal reporting GIS owner” means a GIS Owner who is required to report SF6 emissions to US EPA pursuant to 40 CFR Part 98, Subpart DD (§ 98.300 through 308).

D. Gas-insulated switchgear. “Gas-insulated switchgear” (or GIS) means all electrical power system equipment insulated with SF6 gas. Gas-insulated switchgear or GIS includes switches, stand-alone gas-insulated equipment, and any combination of electrical disconnects, fuses, electrical transmission lines, transformers and/or circuit breakers used to isolate gas-insulated electrical power system equipment.

E. GIS Owner. “GIS owner” means the person who owns, leases, operates, or controls gas-insulated switchgear used in Maine. GIS owner excludes temporary possession by the following persons:

(1) the original equipment manufacturer during GIS equipment transport and installation at a customer’s site; and

(2) a qualified person who hauls the GIS for reuse, recycle or destruction.

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F. Hermetically Sealed Gas-insulated Switchgear. “Hermetically sealed gas-insulated switchgear” means switchgear that is designed to be gastight and sealed for life. This type of switchgear is pre-charged with SF6, sealed at the factory, and cannot be refilled by its user.

3. Scope and Applicability

A. This regulation applies statewide.

B. Any federal reporting GIS owner is subject to Sections 1 through 8 of this Chapter.

C. Any GIS owner that is not a federal reporting GIS owner is subject to Sections 1 through 4, and Sections 7 and 8 of this Chapter, and not subject to Sections 5 and 6 of this Chapter

4. General Requirements for All GIS Owners

A. Any newly manufactured GIS that is placed under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2019 must be represented by the manufacturer to have a 1.0% maximum annual leak rate.

B. Any GIS owner that places GIS under ownership, lease, operation, or control on or after January 1, 2019 shall comply with any manufacturer-recommended maintenance procedures or industry best practices that have the effect of reducing leakage of SF6.

C. If any particular piece of active GIS equipment placed under the ownership, lease, operation, or control of any GIS owner on or after January 1, 2019 does not meet the 1.0% maximum annual leak rate, the GIS owner shall, by April 15th of the year following the calendar year during which the SF6 was added, provide documentation to the Department demonstrating compliance with Sections 4(A) and (B) of this Chapter and describing any additional actions taken or anticipated actions that are expected to reduce the emission rate in the future.

(1) GIS owners shall use data recorded pursuant to Section 7(B) of this Chapter to determine whether the 1.0% maximum annual leak rate is met.

(2) For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners shall determine an annual average by dividing the amount of SF6 added to a piece of active GIS equipment by the number of years since the previous addition of SF6.

(3) For the purpose of determining whether GIS meets the 1.0% maximum annual leak rate, GIS owners may disregard the first time SF6 is added after the GIS becomes active GIS equipment.

(4) GIS owners may apply the requirements of Section 4(C) of this Chapter to any group of commonly owned, leased, operated, or controlled pieces of active GIS equipment located in Maine, instead of a single piece of active GIS equipment.

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D. Upon removal of any GIS containing SF6 from the ownership, lease, operation, or control of a GIS owner, the GIS owner shall provide for the secure storage, re-use, recycling, or destruction of the SF6.

E. GIS owners are responsible for compliance with Section 4 of this Chapter with respect to any GIS that is under their ownership, lease, operation, or control in Maine. Documentation provided to GIS owners by qualified persons, such as manufacturers, suppliers, and maintenance contractors, is sufficient to demonstrate compliance with all provisions of Section 4 of this Chapter.

5. Maximum Annual SF6 Emission Rate. For each year specified below, each federal reporting GIS owner shall ensure that the maximum annual SF6 emission rate for all of its active GIS equipment, as calculated pursuant to Section 6(A) of this Chapter shall not exceed the following:

Maximum Annual SF6 Emission Rate

Calendar Year Maximum Annual SF6 Emission Rate 2019 3.5% 2020 3.0% 2021 2.5% 2022 2.0% 2023 1.5% 2024, and each calendar year thereafter 1.0%

6. Annual Reporting Requirements. Each federal reporting GIS owner must satisfy the annual emissions reporting requirements of 06-096 C.M.R. ch. 117, Emission Statements. SF6 emissions for active GIS equipment owned, leased, operated or controlled by the federal reporting GIS owner and located in Maine shall be reported as an annual rate, calculated pursuant to Section 6(A) of this Chapter.

A. Annual Emission Rate. The annual SF6 emission rate for active GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Maine, calculated by dividing the number of pounds of SF6 emitted during the year by the nameplate capacity of SF6- containing active GIS equipment at the end of the year, as calculated pursuant to Section 6(A)(1) and (2) of this Chapter.

(1) Pounds of SF6 Emitted. The number of pounds of SF6 emitted from GIS equipment owned, leased, operated or controlled by the federal reporting GIS owner and located in Maine, during the year, as calculated using the equation specified in 40 C.F.R. § 98.303 and procedures for estimating the missing data specified in 40 C.F.R. § 98.305.

(2) Nameplate Capacity. The total nameplate capacity of SF6-containing active GIS equipment owned, leased, operated, or controlled by the federal reporting GIS owner and located in Maine at the end of the year, as calculated in a manner consistent with the date reporting requirements specified in 40 C.F.R. § 98.306(a)(1).

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7. Monitoring, Q/A, and Recordkeeping Requirements

A. All federal reporting GIS owners shall comply with all requirements of 40 C.F.R. §§ 98.304 and 98.307 with respect to equipment and containers used in Maine.

B. All GIS owners shall record, no less than annually, the amount of SF6 added, if any, to each piece of active GIS equipment that was placed under their ownership, lease, operation, or control on or after January 1, 2019.

C. All GIS owners shall retain for five years’ documentation sufficient to demonstrate compliance with this Chapter, and shall provide such documentation to the Department on request. The documentation shall be submitted in a format and within the time limit requested by the Department.

8. Enforcement. The Department shall enforce the requirements of this Chapter in accordance with applicable federal and Maine laws, including but not limited to 38 M.R.S. § 349.

AUTHORITY: 38 M.R.S. Section 585 38 M.R.S. Section 576

EFFECTIVE DATE:

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Chapter 305: PERMIT BY RULE

1. Introduction. A "permit by rule" or "PBR", when approved by the Department of Environmental Protection (DEP), is an approval for an activity that requires a permit under the Natural Resources Protection Act (NRPA). Only those activities described in this chapter may proceed under the PBR process. A PBR activity will not significantly affect the environment if carried out in accordance with this chapter, and generally has less of an impact on the environment than an activity requiring an individual permit. A PBR satisfies the Natural Resources Protection Act (NRPA) permit requirement and Water Quality Certification requirement.

If a proposed activity is not described in this chapter, or will not be conducted in accordance with the standards of this chapter, the applicant must obtain an individual permit prior to beginning the activity.

A. Location of activity. The location of an activity may affect whether an activity qualifies for PBR, and whether review by the Department of Inland Fisheries and Wildlife is required.

(1) Type of resource. For some types of activities, the availability of a PBR is affected by the type of natural resource in or adjacent to which the activity is proposed. For example, an applicant proposing an activity consisting of "Movement of rocks or vegetation" may receive a PBR only if the activity will take place in a great pond, river, stream or brook. Limitations concerning the location of activities are addressed in the "Applicability" provision in each section of this chapter.

(2) Essential habitat. Essential habitats include areas critical to the survival of threatened and endangered species such as the bald eagle, least tern, roseate tern, and piping plover. If the activity is located in essential habitat, such as near an eagle nesting site, a PBR is only available if the applicant obtains written approval from the Department of Inland Fisheries and Wildlife (IF&W). This approval from IF&W must be submitted to the DEP with the PBR notification form, and the applicant must follow any conditions stated in the IF&W approval.

NOTE: Maps showing areas of essential habitat are available from the Department of Inland Fisheries and Wildlife regional headquarters, municipal offices, the Land Use Regulation Commission (for unorganized territories) and DEP regional offices. If the activity is located in essential habitat, IF&W must be contacted to request and obtain a "certification of review and approval".

B. Notification. The applicant must file notice of the activity with the DEP prior to beginning work on the activity. The notification must be on a form provided by the DEP and must include any submissions required in this chapter. The applicant must keep a copy to serve as the permit.

The notification form must be sent to the DEP by certified mail (return receipt requested), or hand delivered to the DEP and date stamped by the department. By signing the notification form, the applicant is representing that the activity will meet the applicability requirements and standards of the rule. In addition, by signing the notification form the applicant represents that the applicant has sufficient title, right, or interest in the property where the proposed activity is to take place.

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C. Effective period

(1) Beginning of period. The PBR becomes effective 14 calendar days after the DEP receives the notification form, unless the DEP approves or denies the PBR prior to that date. If the DEP does not speak with or write to the applicant within this 14 day period regarding the PBR notification, the applicant may proceed to carry out the activity.

There are three exceptions regarding the effective date of an approved PBR:

(a) Activities listed in Section 10 (Stream crossings) occurring in association with forest management are exempt from the 14 day waiting period.

(b) Activities listed in Section 10 (Stream crossings) performed or supervised by individuals currently certified in erosion control practices by the DEP are exempt from the 14 day waiting period. To be certified in erosion control practices, an individual must successfully complete all course requirements of the Voluntary Contractor Certification Program administered by the DEP's Nonpoint Source Training and Resource Center.

(c) Activities that are part of a larger project requiring a permit under the Site Location of Development or the Storm Water Management Acts may not proceed until any required permit under those laws is obtained.

NOTE: Activities that are part of a larger project may require other permits from the DEP also. These other laws may prohibit the start of construction of any part of the project unless a permit under that law is obtained. In these cases, while not a violation of this rule, starting work on a PBR approved activity would be a violation of those other applicable laws.

(2) End of period. The PBR is generally effective for 2 years from the date of approval, except that a PBR for "Replacement of structures" under Section 4 is effective for 3 years.

NOTE: Activities that qualify under this chapter may need to meet other local, state and federal requirements. Examples -- (1) If an activity extends below the low water line of a lake, coastal wetland or international boundary water, the applicant should contact the Bureau of Parks and Lands (287-3061) concerning possible lease or easement requirements, or (2) If an activity will involve work below the mean high water line in navigable waters of the United States, the applicant should contact the Army Corps of Engineers (623-8367).

D. Discretionary authority. Notwithstanding compliance with the PBR applicability requirements and standards set forth in this chapter, the DEP may require an individual permit application to be filed in any case where credible evidence indicates that the activity:

(1) May violate the standards of this rule or the NRPA (38 M.R.S.A. Section 480-D);

(2) Could lead to significant environmental impacts, including cumulative impacts; or

(3) Could adversely impact a resource of special concern.

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If an individual permit is required pursuant to this subsection, the DEP shall notify the applicant in writing within the 14 calendar day waiting period described in sub-section (C) above. When the DEP notifies an applicant than an individual permit is required, no work may be conducted unless and until the individual permit is obtained.

E. Violations. A violation of law occurs when a person, or his or her agent, performs or causes to be performed any activity subject to the NRPA without first obtaining a permit from the DEP, or acts contrary to the provisions of a permit. The person, his or her agent, or both, may be held responsible for the violation. Commonly, the "person" is the landowner, and the "agent" is the contractor carrying out the activity. A violation occurs when:

(1) An activity occurs that is not allowed under PBR, whether or not a PBR notification form has been filed with and/or approved by the DEP;

(2) An activity occurs that is allowed under PBR, but a PBR for the activity has not become effective prior to the beginning of the activity; or

(3) An activity occurs that is allowed under PBR and a PBR for the activity is in effect, but the standards specified in this chapter are not met.

See the "applicability" provision under each activity for rules concerning what activities are allowed under PBR. A PBR is only valid for the person listed on the notification form, or for his or her agent.

Each day that a violation occurs or continues is considered a separate offense. Violations are subject to criminal penalties and civil penalties of not less than $100 nor more than $10,000 for each day of that violation (38 M.R.S.A. Section 349).

NOTE: A local Code Enforcement Officer (CEO) may take enforcement action for a violation of the Natural Resources Protection Act if he or she is authorized to represent a municipality in District Court, and he or she has been certified as familiar with court procedures, 30-A M.R.S.A. Section 4452(7).

2. Activities adjacent to protected natural resources

A. Applicability

(1) This section applies to an activity adjacent to, but not in:

(a) A coastal wetland, great pond, river, stream or brook or significant wildlife habitat contained within a freshwater wetland; or

(b) Freshwater wetlands consisting of or containing:

(i) Under normal circumstances, at least 20,000 square feet of aquatic vegetation, emergent marsh vegetation or open water, except for artificial ponds or impoundments; or

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(ii) Peatlands dominated by shrubs, sedges and sphagnum moss.

(2) This section does not apply to an activity where sustained slopes are steeper than 3 horizontal feet: 1 vertical foot (approximately 33% slope) between the normal high water line or upland edge of the protected resource and the soil disturbance.

(3) Activities that qualify for permit by rule under another section are not required to comply with this section unless expressly stated in that section.

(4) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(5) This section does not apply to an activity that does not conform to the local shoreland zoning ordinance.

NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements. In most shoreland areas, a 75 or 100 foot undisturbed buffer strip is required between the disturbed areas and the water or wetland.

B. Submissions

(1) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

(2) Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the town in which the activity took place.

(3) A brief narrative explaining why there is no practicable alternative to location of the activity within the 75 foot setback, and how the impact on the remaining buffer and the resource will be minimized. This narrative is not required for those activities presumed to have no practicable alternative as listed in paragraph C(1) of this section.

(4) A scaled plan or drawing of the area affected, including information such as:

(a) The entire property on which the activity will take place, including property lines, the 75 foot setback, and the boundaries or location of protected natural resources such as streams and wetlands;

(b) Proposed and existing development on the parcel including buildings, parking areas, roads, fill areas, landscaped areas, etc.; and

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It is not necessary to have the plan professionally prepared. However, it must be legible and drawn to a scale that allows clear representation of distances and measurements on the plan.

C. Standards

(1) No activity or portion of an activity may be located within the 75 foot setback if there is a practicable alternative location on the parcel that would cause or result in less impact on the environment. The following activities are presumed to have no practicable alternative location on the parcel.

(a) The planting of vegetation for the purpose of controlling erosion or for establishing a vegetative buffer.

(b) The removal or replacement of underground storage tanks when performed in accordance with 38 M.R.S.A. Section 566-A.

(c) The replacement of a structure or the placement or replacement of a foundation or supports for a legally existing structure or addition that is not closer to a protected natural resource than the existing structure provided the municipality has approved the location of the replaced or modified structure. However, any fill, other than that required to maintain the integrity of the structure such as foundation backfill, must meet the 75 foot setback standard unless otherwise approved by the DEP pursuant to this section.

NOTE: In most cases when a structure is being replaced or a foundation is being put under an existing structure that does not meet the setback requirements of the Municipal Shoreland Zoning Ordinance, the applicant is required by the municipality to move the structure back from the natural resource to the maximum extent practicable.

(d) The closure of a landfill in conformance with the DEP's solid waste management rules.

(e) Access way consisting of a footpath, stairway, or steps to the resource.

(2) Except for those activities listed in Section 2(C)(1)(a)-(e) above, a 25 foot setback must be maintained between the normal high water line or upland edge of the protected natural resource and the activity. Areas that have slopes of 3 horizontal feet: 1 vertical foot (approximately 33% slope), or steeper, may not be counted when determining the 25 foot setback. Existing vegetation within the setback may not be disturbed except for cutting activity meeting the exemption requirements in 38 M.R.S.A. Section 480-Q(23).

(3) Disturbance within the setback must be minimized.

(4) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas:

(a) Staked hay bales or silt fence must be properly installed at the edge of disturbed areas between the activity and the resource before the activity begins;

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(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

(5) A footpath to the resource is limited to 6 feet in width and stairs or steps are limited to 4 feet in width.

(6) All work is limited to the location and extent depicted on the plan or plans submitted pursuant to subsection B(4) of this section.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.

(2) Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

(2-A) Practicable. Available and feasible considering cost, existing technology and logistics based on the overall purpose of the project.

(3) Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.

(4) Upland edge. The boundary between upland and wetland.

NOTE: Section 480-Q(15-A) of the NRPA exempts the installation, removal or repair of a septic system from permitting requirements as of March 1, 1995, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Human Services pursuant to 22 M.R.S.A. Section 42(3).

3. Intake pipes & water monitoring devices

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A. Applicability

(1) This section applies to the installation or maintenance of a permanent water intake pipe which will not significantly affect the water level or flow of waters within a coastal wetland, freshwater wetland, great pond, river, stream or brook. This section also applies to the installation of a well in or adjacent to a freshwater wetland or adjacent to a great pond, coastal wetland, river, stream or brook. Allowed uses of water for the purposes of this section include a water supply for a single family residence and a dry hydrant. Some intake pipes and wells adjacent to a great pond may be exempt by law (see Note 2 at the end of this subsection).

(2) This section also applies to the installation or maintenance of a permanent device used to monitor water elevations, flow or quality including a gauging station, staff gauge, tide gauge, water recording device, water quality testing and improvement device or other similar scientific equipment within a coastal wetland, freshwater wetland great pond, river, stream or brook.

(3) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(4) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTES: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) In a great pond, the placement of water lines to serve a single-family house or the installation of cables for utilities, such as telephone and power cables, is exempt from permit requirements under 38 M.R.S.A. Section 480-Q provided that the:

(a) Excavated trench for access to the water is backfilled and riprapped to prevent erosion;

(b) Excavated trench on the landward side of the riprapped area is seeded and mulched to prevent erosion; and

(c) Bureau of Parks and Lands has approved the placement of the cable across the bottom of the great pond to the extent that it has jurisdiction.

(3) A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving open trench excavation in a waterbody or wetland;

(b) Any activity in coastal waterways;

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(d) Any activity involving work in waterways designated as Essential Fish Habitat for Atlantic salmon including all aquatic habitats in the watersheds of the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.

A copy of the PBR notification and original photographs, not photocopies, should be submitted to the Corps of Engineers for these activities (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME 04351. Tel. (207) 623-8367).

B. Submissions

(1) For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.

(2) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

(3) Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the town in which the activity took place.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the edge of the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

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NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be replaced or reestablished immediately upon completion of the activity and must be maintained.

(3) Non-native wetland plants may not be planted in disturbed areas.

(4) The trench width in any protected natural resource must be no wider than necessary to install the device.

(5) Any trench in or adjacent to the wetland must be refilled with the material that was excavated. The original grading and elevation of the wetland must be restored. Residual fill material must be removed from the wetland or water body and properly stabilized. Pipe bedding material such as crushed stone or sand may be used provided clay dams or synthetic boots are used where appropriate to prevent wetland draining through the bedding material.

(6) The water intake structure may not interfere with any potential boat usage and may not block fish passage.

(7) If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.

(8) Excavation of a pool to increase depth is prohibited under this section.

(9) Maintenance clearing of deposited debris and sediments from the intake area is allowed provided the cleared materials are removed from the resource and are disposed of in an upland location at least 75 feet from any open water body and stabilized to prevent erosion unless a closer upland disposal area is approved under Section 2 of this rule. Disposal of any dredged material or debris must be carried out in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Sections 1301 et seq. Clearing or removal of sediment from a water body for other purposes is not allowed under this section.

(10) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.

(a) Diversion may be accomplished by placing sandbags, timbers, sheet steel, concrete blocks, 6+ mil polyethylene or geotextiles from the bank to midstream on the upstream side of the activity. No more than two-thirds (2/3) or 25 feet of stream width, whichever is less, may be diverted at one time.

(b) Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.

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(c) A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.

(11) Wheeled or tracked equipment may not be operated in the water. Equipment operating on the shore may reach into the water with a bucket, or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(12) Wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.

(13) Work below the high water line of a great pond, river, stream or brook must be done at low water, except as required for emergency flood control work. Measures such as a silt boom or staked fencing must be employed to reduce and isolate turbidity.

(14) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in or adjacent to the waterbody or wetland.

(15) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, provided it is cured on dry land in such a manner to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where the wood will come in contact with water.

(16) Blasting in inundated areas is prohibited.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

(2) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

4. Replacement of structures

A. Applicability

(1) This section applies to the replacement of an existing permanent structure in, on, or over a coastal wetland, freshwater wetland, great pond, fragile mountain area, or river, stream or brook. Some activities involving maintenance and repair of a permanent structure may not require a permit (see note 2 at the end of this section).

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(2) In order to be eligible for this section, the structure must have been in place and functioning as intended within 24 months of the DEP's receipt of the notification form. A permit by rule for replacement is valid for three years from the date of approval.

(3) This section does not apply to the replacement of a structure adjacent to a protected natural resource. (See Section 2: Activities adjacent to protected natural resources.)

(4) This section does not apply to structures located within a sand dune system. (See Section 16: Activities in coastal dune systems.)

(5) This section does not apply to the replacement of a dam or a tidal flood gate.

(6) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(7) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements

B. Submissions

(1) For an activity occurring in tidal waters, notice of approval of timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.

(2) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

(4) A scaled plan or drawing of the structure to be replaced that includes at a minimum the location, width, length and height of the existing structure.

It is not necessary to have the plan professionally prepared. However, it must be legible and drawn to a scale that provides a clear representation of distances and measurements on the plan.

C. Standards

(1) A replaced structure that is located in, on, or over a protected natural resource may not exceed the dimensions, including height, of the previously existing structure, and may not extend any further into the water body or wetland, except that retaining walls may be

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reinforced with a facing material not exceeding 6 inch in width or may be replaced with riprap in accordance with Section 8 "Shoreline stabilization".

NOTE: Vegetation is the preferred method of erosion control near water bodies. Where the use of vegetation is not feasible, riprap is preferred over retaining walls because it dissipates wave action and is a more stable structure over the long term. The DEP encourages the replacement of retaining walls with riprap, unless the presence of large trees or structures makes its use impractical.

(2) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the protected resources:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the edge of the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(3) Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.

(4) Non-native wetland plants may not be planted in disturbed areas.

(5) Work done in a river, stream or brook must allow for fish passage and the maintenance of normal stream flows at all times of year and may not impound water.

(6) No dredging may take place during the activity and no material may be removed from the affected natural resource except that rocks that were part of the original structure may be removed or reused.

(7) Work below the high water line of a great pond, river, stream or brook must be done at low water, except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.

(8) If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.

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(9) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.

(b) Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.

(c) A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.

(10) Wheeled or tracked equipment may not be operated in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(11) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.

(12) All debris or excavated material must be stockpiled either outside the wetland or on mats or platforms. Hay bales, silt fence or mulch must be used, where necessary, to prevent sedimentation. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Section 1301 et seq.

(13) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in or adjacent to the waterbody or wetland.

(14) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in such a manner as to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where the wood will come in contact with water.

(15) The replaced structure may not interfere with, or reduce the opportunity for, existing navigational and recreational uses of the site.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

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(1) Dam. Any man-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or brook or great pond.

(2) Dredge. To move or remove, by digging scooping or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.

(3) Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.

(4) Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

(5) Public works project. A federal, state or local government, or state-regulated utility project for public use or service including, but not limited to, highways, dams, bridges, utility lines, water lines, sewerage, and recreational facilities such as boat launch facilities.

(6) Replacement. Any activity that results in more than 50% of a structure being restored or reconstructed whether above or below the normal high water line.

(7) Retaining wall. A vertical or near vertical structure generally constructed of wood, concrete or rock or a combination of these materials and located at or below the normal high water line.

(8) Riprap. Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope. Square or rectangular rocks with flat faces, such as quarry stone or manufactured blocks, do not qualify as “irregularly-shaped”.

(9) Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.

(10) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

NOTES: (1) Section 480-Q(15-A) of the NRPA exempts the installation, removal or repair of a septic system from permitting requirements as of March 1, 1995, as long as the system complies with all requirements of the subsurface wastewater disposal rules adopted by the Department of Human Services under 22 M.R.S.A. Section 42, subsection 3.

(2) Section 480-Q(2) of the NRPA exempts from permitting the maintenance and minor repair of structures in, on, over or adjacent to a protected natural resource and maintenance and minor repair of private crossings of a river, stream or brook provided:

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(a) Erosion control measures are taken to prevent sedimentation of the water;

(b) The crossing does not block fish passage in the water course;

(d) The dimensions of the repaired structure do not exceed the dimensions of the structure as it existed 24 months prior to the repair.

Section 480-Q(2) does not apply to the repair of more than 50% of a structure located in a coastal sand dune system; the repair of more than 50% of a dam, unless that repair has been approved by a representative of the United States Natural Resources Conservation Service; or the repair of more than 50% of any other structure, unless the municipality in which the proposed activity is located requires a permit for the activity through an ordinance adopted pursuant to the mandatory shoreland zoning laws and the application for a permit is approved by the municipality.

(3) Section 480-Q(2-B) of the NRPA exempts from permitting the replacement of a floating dock with another floating dock if the dimensions of the replacement dock do not exceed those of the dock being replaced and the configuration of the replacement dock is the same as the dock being replaced.

(4) Section 480-Q(9) of the NRPA exempts from permitting emergency repair or normal maintenance and repair of existing public works which affect any protected natural resource. An activity which is exempt under this subsection shall employ erosion control measures to prevent sedimentation of any surface water, shall not block fish passage in any water course and shall not result in any additional intrusion of the public works into the protected natural resource. This exemption does to apply to any activity on an outstanding river segment as listed in section 480-P.

5. [REPEALED]

6. Movement of rocks or vegetation

A. Applicability

(1) This section applies to the limited movement of rocks or hand removal of vegetation from below the normal high water line of a great pond or river, stream or brook in order to provide access for swimming or navigation.

(2) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(3) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

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NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

B. Submissions

(1) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

C. Standards

(1) The width of the area to be cleared may not exceed 10 feet, as measured parallel to the shore. Only one area may be cleared per lot with shore frontage or area under common ownership with shore frontage.

(2) If the area has been cleared in the past, subsequent clearing must be limited to the same area.

(3) Rocks moved from the cleared area must remain in the water and must be distributed randomly in such a way that a structure such as a jetty or boat ramp will not be formed. Rocks may not be removed from the water.

(4) Wheeled or tracked equipment may not be operated in the water. For large rock movement, equipment operating on the shore may reach into the water with a bucket or similar extension provided no bottom sediments are removed or displaced. Areas that are disturbed as part of equipment access and operation must be restored to their original grade and vegetation or as near thereto as practicable.

(5) Rocks that are holding the shoreline may not be moved.

(6) Cut or uprooted vegetation must be removed from the water.

(7) Work must be done during periods of low water level or flow.

7. Outfall pipes

A. Applicability

(1) This section applies to the installation and maintenance of a permanent outfall pipe, an outlet from a ditch or drain tile for storm water, ground water or other discharges licensed by the DEP in or on land adjacent to a coastal wetland, freshwater wetland, great pond, river, stream or brook.

NOTES:

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(1) A wastewater discharge license from the DEP is required for any discharge from an the outlet other than stormwater from residential development; small commercial or industrial facilities; or uncontaminated groundwater.

(2) A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving open trench excavation in a waterbody or wetland;

(b) Any activity in coastal waterways;

(2) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(3) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

B. Submissions

(1) For an activity occurring in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.

(2) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

(3) Photographs showing the completed project and the affected area must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the

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notification form or labeled with the applicant's name and the town in which the activity took place.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from the disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the edge of the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation control consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) Stormwater outfalls, whether a pipe or trench, must utilize velocity reducing structures and/or rock aprons to prevent erosion. A vegetative filter strip of at least 25 feet long must be established and maintained between the outfall structure and the resource unless a different standard is required pursuant to the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, or the Storm Water Management Law, 38 M.R.S.A. Section 420-D. The DEP may approve a reduction in width of the vegetated buffer if:

(a) The applicant demonstrates in writing that the full buffer width is not practicable;

(b) Any recommendations from the DEP are incorporated into the activity; and

(3) Foundation drains and licensed discharges may extend to, and outfall in, the resource. If necessary, a rock apron must be constructed to prevent erosion.

(4) Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.

(5) Non-native wetland plants may not be planted in disturbed areas.

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(6) The trench width in any protected natural resource must be no wider than necessary to install the device.

(7) The trench in and adjacent to the protected natural resource must be refilled with the material that was excavated. The original grading and elevation of the wetland must be restored. Residual fill material must be removed from the wetland or water body and properly stabilized. Pipe bedding material such as crushed stone or sand may be used provided clay dams or synthetic boots are used where appropriate to prevent wetland draining through the bedding material.

(8) Blasting in inundated areas is prohibited.

(9) The outfall structure may not interfere with any potential boat usage of the project site.

(10) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(11) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.

(12) Work below the high water line of a great pond, river, stream or brook must be done at low water except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.

(13) Maintenance clearing of deposited debris and sediments from the outfall area is allowed provided the cleared materials are removed from the resource. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Section 1301 et seq.

(15) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.

(b) Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.

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(c) A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.

(16) If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Diversion. A rerouting of a river, stream or brook to a location outside of its established channel.

(2) Dredge. To move or remove, by digging, scooping, or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.

(5) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

8. Shoreline stabilization

A. Applicability

(1) This section applies to the establishment of vegetation adjacent to any protected natural resource and the installation of riprap along the shoreline of a great pond, freshwater wetland with over 20,000 square feet of open water, stream or brook.

(2) This section applies only to areas where erosion exists and vegetation is not present, as demonstrated by photographs submitted with the notification form.

(3) This section does not apply to riprap on any river as defined by 38 M.R.S.A. Section 436-A(11), the Mandatory Shoreland Zoning Act (information is available at the Town Office).

(4) This section does not apply to a riprap project that affects more than 100 feet of shoreline.

(5) This section does not apply to areas within any portion of a coastal sand dune system even if portions of these systems extend into the coastal wetland.

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(6) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTES: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) A permit will be required from the US Army Corps of Engineers for riprap projects that include fill below the ordinary high water line of fresh waters or below the spring high tide line of tidal waters.

A copy of the PBR notification form and original photographs, not photocopies, should be submitted to the Corps of Engineers for these activities (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME 04351. Tel. (207) 623-8367).

B. Submissions

(1) The applicant is required to submit photographs of the entire shoreline area where this activity is proposed.

(2) Photographs showing the finished activity must be submitted within 20 days of the activity's completion. The photographs must be sent with a copy of the notification form or labeled with the applicant's name and the town in which the activity took place.

(3) A scaled drawing, including a cross section, of the proposed riprap installation. The drawing must clearly depict the extent of riprap proposed to be installed, such as the length along shore and height above the normal high water line.

It is not necessary to have the plan professionally prepared. However, it must be legible and drawn to a scale that provides a clear representation of distances and measurements on the plan.

(4) Professional design plans for riprap on streams and brooks when required pursuant to paragraph C(12) of this section.

C. Standards

(1) Riprap may be utilized only where eroded slopes exceed 3 horizontal feet to 1 vertical foot (approximately 33% slope), or where riprap is used to stabilize an existing stormwater outfall. Where eroded slopes are shallower than 3 horizontal to 1 vertical, vegetation must be used to control erosion.

(2) Riprap installed on the shoreline of a great pond or open water wetland may not extend higher than 2 feet above the normal high water line. Riprap installed on a river, stream or brook may not extend higher than 2 feet above the normal high water line, or to the elevation of the 100-year flood where mapped by the Federal Emergency Management Agency, whichever is higher.

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(3) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(4) New soil may be brought to the site and soil amendments, such as fertilizer or lime, may be used to increase soil fertility provided:

(a) Slopes do not exceed 3 horizontal to 1 vertical;

(b) Existing vegetation is not permanently removed;

(d) Depth of new soil is less than 2 inches;

(e) The amendment is worked into the underlying soils;

(f) Disturbed areas are immediately mulched and seeded; and

(g) Final vegetation consists of native trees and shrubs, or matches existing vegetation immediately adjacent to the treated area.

(5) Rocks used for riprap may not be obtained from the shoreline (because they help prevent erosion) or below the normal high water line (because they provide habitat for aquatic life).

NOTE: On many slopes, slumping is caused by wave or water motion undercutting the bank. If riprap is placed only at the bottom of the slope, and the upper portions of the bank are graded and revegetated, the cost of the shoreline stabilization project can be reduced.

(6) The slope of the riprap may not be steeper than 1 horizontal to 1 vertical, nor shallower than 3 horizontal to 1 vertical.

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(7) Riprap must be anchored at the base of the existing bank by placing the bottom row of rock in a trench excavated at least to a depth equal to the height of the largest rock, or the riprap must be pinned to underlying ledge.

(8) A layer of filter fabric and crushed stone must be placed under the riprap to prevent the washing of soil particles into the water.

(9) No fill material other than the riprap and crushed stone may be placed below the normal high water line.

(10) Riprap may not be placed in front of a retaining wall such that it extends further into the water.

(11) A buffer strip of undisturbed vegetation at least 25 feet wide must be established and maintained along the upland edge of any riprap placed for the protection of agricultural land.

(12) Design of riprap on stream or brook banks must be approved by either a Maine Registered Professional Engineer, the United States Natural Resources Conservation Service, or the local Soil and Water Conservation District. Evidence of this approval or plans stamped by a professional engineer must be submitted along with the Notification Form. With prior written agreement, the DEP may waive this standard for minor riprap activities on small streams.

(13) When riprap is necessary along a river, stream or brook, it must be combined with tree and shrub plantings to provide bank stabilization, shading of the water and cover for wildlife.

(14) If work is performed in a river, stream or brook that is less than three feet deep at the time of the activity and at the location of the activity, the applicant must provide for temporary diversion of flow to the opposite side of the channel while work is in progress.

(b) Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.

(c) A pump may be operated, where necessary, for a temporary diversion. The pump outlet shall be located and operated such that erosion or the discharge of sediment to the water is prevented.

(15) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(16) Work below the high water line of a great pond, river, stream or brook must be done at low water except as required for emergency flood control work.

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(17) All excavated material must be stockpiled either outside the protected natural resource or on mats or platforms. Hay bales or silt fence must be used, where necessary, to prevent sedimentation. All excavated material must be removed to a location more than 75 feet from the protected natural resource, unless otherwise approved by the DEP, and properly stabilized with vegetation upon project completion.

(18) Disturbance of vegetation must be avoided if possible. If vegetation must be disturbed during the activity, similar types and amounts of vegetation must be re-established immediately upon completion of the activity and must be maintained.

(19) Non-native species may not be planted in disturbed areas.

(20)Riprap projects must be constructed in accordance with the plans or drawings submitted pursuant to subsections B(3) and (4) of this section, as applicable.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(2) Riprap. Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope. Square or rectangular rocks with flat faces, such as quarry stone or manufactured blocks, do not qualify as “irregularly-shaped”.

9. Crossings (utility lines, pipes and cables)

A. Applicability

(1) This section applies to the installation, maintenance and replacement of an overhead utility line across a river, stream or brook excluding outstanding river segments identified in 38 M.R.S.A. Section 480-P.

(2) This section applies to the installation, maintenance and replacement of a submerged utility line across a coastal wetland, freshwater wetland, great pond, river, stream, or brook excluding outstanding river segments identified in 38 M.R.S.A. Section 480-P.

(3) This section applies to the installation, maintenance and replacement of an overhead utility line across or adjacent to a coastal wetland, freshwater wetland or great pond provided the line is within the right-of-way of, or adjacent to the path of, an existing traveled way.

(4) This section does not apply to a submerged utility crossing that is part of a larger project involving multiple crossings of a natural resource or more than one natural resource. Projects

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consisting of multiple natural resource crossings must obtain an individual permit under the Natural Resources Protection Act.

(5) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(6) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTES: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) In a great pond, the placement of water lines to serve a single-family house or the installation of cables for utilities, such as telephone and power cables, is exempt from NRPA permit requirements under 38 M.R.S.A. Section 480-Q (1) provided that the:

(a) Excavated trench for access to the water is backfilled and riprapped to prevent erosion;

(b) Excavated trench on the landward side of the riprapped area is seeded and mulched to prevent erosion; and

(c) Bureau of Parks and Lands has approved the placement of the cable across the bottom of the great pond to the extent that it has jurisdiction.

(3) Approval for crossing any state-owned (submerged) land must be obtained from the Department of Conservation, Bureau of Parks and Lands, State House Station 22, Augusta, ME 04333.

(4) A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving open trench excavation in a waterbody or where the impact (direct and indirect) to wetlands exceeds 4,300 square feet;

(b) Any activity in coastal waterways;

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B. Submissions

(1) The applicant is required to submit photographs of the area which will be affected by the activity proposed.

(3) For any work involving trenching or disturbance of substrate in a coastal wetland, great pond, river, stream or brook that occurs between October 2 and July 14, notice of approval of the timing of the activity from the Department of Inland Fisheries and Wildlife, the Atlantic Salmon Authority and the Department of Marine Resources must be submitted to the DEP with the notification form, unless otherwise approved by the DEP based upon the location of the project. In addition, for a utility crossing of marine or estuarine waters at any time of year, notice of approval of the timing from the Department of Marine Resources must be submitted to the DEP with the notification form.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) Disturbance of wetland vegetation must be avoided if possible. If wetland vegetation must be disturbed during the activity, it must be reestablished immediately upon completion of the activity and must be maintained.

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(3) Non-native wetland plants may not be planted in disturbed areas.

(4) If the activity occurs in a coastal wetland, great pond, river, stream or brook between October 2 and July 14, the activity must occur during the time period approved by the Department of Inland Fisheries and Wildlife, the Atlantic Salmon Authority and the Department of Marine Resources.

(5) The trench in and adjacent to the wetland must be refilled with the material that was excavated. The original grading and elevation of the wetland must be restored. Residual fill material must be removed from the wetland or water body and properly stabilized. Pipe bedding material such as crushed stone or sand may be used provided clay dams or synthetic boots are used where appropriate to prevent wetland draining through the bedding material.

(6) Any trench excavation that occurs within a river, stream or brook must be performed either during a period when no water is flowing, or utilize a dry crossing method such as diverting water flow by coffer dam and pumping around the area of excavation. The trench width in any natural resource must be no wider than necessary to install the device.

(7) The crossing may not obstruct any recreational usage of the water body.

(8) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(9) All wheeled or tracked equipment that must travel or work in a vegetated wetland must travel and work on mats or platforms in order to protect wetland vegetation.

(10) Any debris or excavated material must be stockpiled either outside the wetland or on mats or platforms. Hay bales or silt fence must be used, where necessary, to prevent sedimentation.

(11) Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Section 1301 et seq.

(12) Temporary roads constructed of fill are not allowed in the resource except that fill may be used on top of mats or platforms for equipment access.

(13) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in such a manner to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol must not be used where the wood will come in contact with water.

(14) Blasting in inundated areas is prohibited.

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D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Crossing. Any activity extending from one side to the opposite side of a protected natural resource, or to an island or upland within a protected natural resource whether under, through or over that resource. Such activities include, but are not limited to roads, fords, bridges, culverts, utility lines, water lines, sewer lines and cables, and the clearing and removal of vegetation necessary to install and maintain these crossings.

(2) Fill. a. (verb) To put into or upon, supply to, or allow to enter a water body or wetland any earth, rock, gravel, sand, silt, clay, peat, or debris; b. (noun) Material, other than structures, placed in or adjacent to a water body or wetland.

(3) Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

(4) Riprap. Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope. Square or rectangular rocks with flat faces, such as quarry stone or manufactured blocks, do not qualify as “irregularly-shaped”.

(5) Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.

(6) Utility lines, pipes and cables. Wires and pipes providing utility services. The term includes telephone and electric wires, gas, oil, water and sewer pipelines, and their support structures, whether public or private.

(7) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

10. Stream crossings (bridges, culverts and fords)

A. Applicability

(1) This section applies to the construction of a bridge span or culvert crossing of a river, stream or brook, and associated accessway construction within 25 feet of the river, stream or brook crossing excluding the following:

(a) Crossings of outstanding river segments identified in 38 M.R.S.A. Section 480-P;

(b) Crossings of any river as defined by 38 M.R.S.A. Section 436-A(11), the Mandatory Shoreland Zoning Act (information is available at the Town Office); or

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NOTE: Temporary structures do not require a permit from the department under the Natural Resources Protection Act (NRPA) provided no filling and minimal soil disturbance occurs. All crossings involving filling in and adjacent to a river, stream or brook, such as culvert crossings, are subject to the NRPA and must first receive a permit before construction.

(2) This section also applies to the establishment of a permanent stream ford for purposes of timber harvesting, livestock, agriculture and construction and maintenance of a utility line.

(3) A stream crossing constructed between July 15 and October 1 that is associated with forest management activities is exempt from the 14 day waiting period required in Section 1(C)(1).

(4) A stream crossing constructed between July 15 and October 1 that is performed or supervised by individuals currently certified in erosion control practices by the DEP is exempt from the 14 day waiting period required in Section 1(C)(1).

(5) Multiple stream crossings may be submitted on one PBR notification form as long as all of the crossing activities are located within one town.

(7) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTES: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) Maintenance and repair of a public or private crossing of a river, stream or brook is exempt from the NRPA provided that:

(a) Erosion control measures are taken to prevent sedimentation of the water;

(b) The crossing does not block fish passage in the water course; and

(3) A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving impacts (direct and secondary) to freshwater wetlands; or

(b) An activity within a river, stream or brook between October 2 and July 14.

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B. Submissions

(1) For any crossing involving trenching or disturbance of substrate in a river, stream or brook that occurs between October 2 and July 14, the proposed dates for construction of the crossing must be clearly identified on the notification form under “Description of Project”.

(2) Except for crossings associated with forest management activities, the applicant is required to submit photographs of the area that will be affected by the activity proposed.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) If a perennial watercourse to be crossed is used for navigation, the crossing must consist of a bridge span or pipe arch with at least 4 feet of clearance during normal high water for boat traffic.

(3) If the stream to be crossed is a perennial watercourse and has a slope of more than 2%, a bridge or a pipe arch must be used to maintain the natural streambed.

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(4) Fill sideslopes in a stream or floodplain wetland must be maintained at a slope no shallower than 3 horizontal to 1 vertical and no steeper than 1.5 horizontal to 1 vertical. Fill sideslopes must be stabilized at the completion of the activity.

NOTE: Uncompacted soils or sandy soils that are saturated at the toe of a slope will be unstable at a 1.5 to 1 slope.

(5) A bridge or culvert must provide an opening with a cross-sectional area at least equal to 3 times the cross-sectional area of the stream channel or sufficient in size to accommodate 25- year frequency water flows.

NOTE: Stream crossings allowable under this section but located in flood hazard areas (i.e. A zones) as identified on a community's Flood Insurance Rate Maps (FIRM) or Flood Hazard Boundary Maps (FHBM) must be designed and constructed under the stricter standards contained in that community's National Flood Insurance Program (NFIP). For example, a crossing may be required to pass a 100-year flood event.

(6) Road surfaces must be constructed in a manner to prevent erosion of material into the river, stream or brook.

(7) Surface water on or adjacent to crossing approaches must be diverted through vegetative filter areas at least 25 feet long to avoid sedimentation of the watercourse. Roadside ditches may not extend to the resource being crossed.

NOTE: Surface water on or adjacent to crossing approaches should be diverted through vegetative filter areas to avoid sedimentation of the watercourse. Because roadside ditches may not extend to the resource being crossed, filter areas should be established in accordance with the following tables:

Average slope of land between Width of strip between ditch terminus exposed mineral soil and and normal high water mark normal high water mark (percent) (feet along surface of the ground)

0 25 10 45 20 65 30 85 40 105 50 125 60 145 70 165

(8) A stream ford must be lined with crushed stone, blasted ledge, washed stone, gabion blankets or geotextile material for erosion control when the natural stream bed does not consist of ledge or rock.

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(9) A stream ford must allow for fish passage at all times of the year and may not impound water. The fords must also allow for maintenance of normal stream flows.

(10) Culvert crossings must:

(a) Be limited to 75 feet in length. This limit may not be exceeded within a half-mile length of the stream or within the length of stream controlled by the applicant, if less;

(b) Follow the alignment and grade of the existing stream channel where possible. On perennial streams the culvert's gradient may not exceed 1%;

(c) Have the bottom of the entire culvert installed at or below stream bed elevation, except for additional culverts at the same crossing;

(d) Where two or more culverts are installed, be offset in order to concentrate low flows into the culvert within the natural channel;

(e) Be seated on firm ground, or on geotextiles, logs or other materials used to stabilize the ground;

(f) Be covered by soil to a minimum depth of 1 foot or according to the culvert manufacturer's specifications, whichever is greater;

(g) Have the soil compacted at least halfway up the side of the culvert; and

(h) Have the inlet and outlet ends stabilized by riprap in accordance with Section 8 Shoreline stabilization standards to avoid erosion of material around the culvert.

NOTE: For guidance on riprap installation, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(11) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may, where necessary, reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(12) Work below the normal high water line must be done during periods of low water level or flow.

(13) If the crossing involves trenching or disturbance of substrate in a river, stream or brook between October 2 and July 14, the activity must occur during the time period approved by the DEP. The approved time period may be the time period proposed by the applicant or an alternative time period approved by the DEP. An alternative time period will be required where it appears an unreasonable impact on water quality or fisheries may result at the point of crossing or immediately downstream of the crossing. The applicant will be notified by the DEP within 14 days if an alternative time period, other than the one proposed by the applicant, is required for constructing the crossing.

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(b) Any material used to divert water flow must be completely removed upon completion of the activity, and the stream substrate must be restored to its original condition.

(c) A pump may be operated, where necessary, for a temporary diversion. The pump outlet must be located and operated such that erosion or the discharge of sediment to the water is prevented.

(15) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.

(16) All excavated material must be stockpiled either outside the wetland or on mats or platforms. Hay bales or silt fence must be used, where necessary, to prevent sedimentation.

(17) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in a way that exposes all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where it will contact water.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Cross-sectional area. The cross-sectional area of a stream channel is determined by multiplying the stream channel width by the average stream channel depth. The stream channel width is the straight line distance from the normal high water line on one side of the channel to the normal high water line on the opposite side of the channel. The average stream channel depth is the average of the vertical distances from a straight line between the normal high water marks of the stream channel to the bottom of the channel.

(2) Crossing. Any activity extending from one side to the opposite side of a protected natural resource, or to an island or upland within a protected natural resource whether under, through or over that resource. Such activities include, but are not limited to roads, fords, bridges, culverts, utility lines, water lines, sewer lines and cables, and the clearing and removal of vegetation necessary to install and maintain these crossings.

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(4) Ford. A permanent crossing of a stream utilizing an area of existing, non-erodible substrate of the stream, such as ledge or cobble, or by placing non-erodible material such as stone or geotextile on the stream bottom.

(5) Perennial watercourse. A river, stream or brook depicted as a solid line on the most recent edition of a United States Geological Survey 7.5 minute series topographic map, or if not available, a 15 minute series topographic map.

(6) Riprap. Heavy, irregularly-shaped rocks that are fit into place, without mortar, on a slope. Square or rectangular rocks with flat faces, such as quarry stone or manufactured blocks, do not qualify as “irregularly-shaped”.

(7) Used for navigation. Those rivers, streams or brooks used by motorized watercraft.

11. State transportation facilities

A. Applicability

(1) This section applies to the maintenance, repair, reconstruction, rehabilitation, replacement or minor construction of a State Transportation Facility carried out by, or under the authority of, the Maine Department of Transportation (MaineDOT) or the Maine Turnpike Authority, including any testing or preconstruction engineering, and associated technical support services.

(2) This section does not apply to an activity within a coastal sand dune system.

NOTE: The construction of a transportation facility other than roads and associated facilities may be subject to the Storm Water Management Law, 38 M.R.S.A. Section 420-D.

B. Standards

(1) Photographs of the area to be altered by the activity must be taken before work on the site begins. The photographs must be kept on file and be made available at the request of the DEP.

(2) The activity must be reviewed by the Department of Inland Fisheries and Wildlife and the Department of Marine Resources, as applicable. The applicant must coordinate with the reviewing agencies and incorporate any recommendations from those agencies into the performance of the activity.

(3) All construction activities undertaken must be detailed in a site-specific Soil Erosion and Water Pollution Control Plan and conducted in accordance with MaineDOT's Best Management Practices for Erosion and Sediment Control, dated January 2000, and Standard Specifications, dated December 2002.

(4) Alignment changes may not exceed a distance of 200 feet between the old and new center lines in any natural resource.

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(5) The activity may not alter more than 300 feet of shoreline (both shores added together) within a mile stretch of any river, stream or brook, including any bridge width or length of culvert.

(6) The activity may not alter more than 150 feet of shoreline (both shores added together) within a mile stretch of any outstanding river segment identified in 38 M.R.S.A. 480-P, including any bridge width or length of culvert.

(7) The activity must minimize wetland intrusion. The activity is exempt from the provisions of Chapter 310, the Wetland and Waterbodies Protection Rules, if the activity alters less than 15,000 square feet of natural resources per mile of roadway (centerline measurement) provided that the following impacts are not exceeded within the 15,000 square foot area:

(a) 1,000 square feet of coastal wetland consisting of salt tolerant vegetation or shellfish habitat; or

(b) 5,000 square feet of coastal wetland not containing salt tolerant vegetation or shellfish habitat; or

All other activities must be performed in compliance with all sections of Chapter 310, the Wetland Protection Rules, except 310.2(C), 5(A), 9(A), 9(B) and 9(C).

(8) The activity may not permanently block any fish passage in any watercourse containing fish. The applicant must coordinate with the reviewing agencies listed in paragraph 2 above to improve fish passage and incorporate any recommendations from those agencies into the performance of the activity.

NOTE: For guidance on meeting the design objectives for fish passage, including peak flow, maximum velocity, mining depth and gradient, see the MaineDOT Waterbody and Wildlife Crossing Policy and Design Guide (July 2008), developed in conjunction with state and federal resource and regulatory agencies.

(9) Rocks may not be removed from below the normal high water line of any coastal wetland, freshwater wetland, great pond, river, stream or brook except to the minimum extent necessary for completion of work within the limits of construction.

(10) If work is performed in a river, stream or brook that is less than three feet deep at the time and location of the activity, the applicant must isolate the work area from the resource and divert stream flows around the work area, maintaining downstream flows while work is in progress.

(11) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom. If avoiding the operation of wheeled or tracked equipment in the water is not possible, the applicant must explain the need to operate in the

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water. Approval from the DEP to operate in the water must be in writing, and any recommendations from the DEP must be incorporated into the performance of the activity.

(12) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms.

(13) Any debris or excavated material must be stockpiled either outside the wetland or on mats or platforms. Erosion and sediment control best management practices must be used, where necessary, to prevent sedimentation. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Section 1301 et seq.

(14) Work below the normal high water line of a great pond, river, stream or brook must be done at low water except for emergency work or work agreed to by the resource agencies listed in paragraph 2 above.

(15) Perimeter controls must be installed before the work starts. Disturbance of natural resources beyond the construction limits shown on the plans is not allowed under this rule.

NOTE: Guidance on the location of construction limits can be obtained from the on site Construction Manager.

(16) The use of untreated lumber is preferred. Lumber pressure treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in a manner that exposes all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where it will contact water.

(17) A temporary road for equipment access must be constructed of crushed stone, blasted ledge, or similar materials that will not cause sedimentation or restrict fish passage. Such roads must be completely removed at the completion of the activity. In addition, any such temporary roads which are in rivers, streams or brooks, must allow for a passage of stormwater flows associated with a 10-year storm.

(18) Non-native species may not be planted in restored areas.

(19) Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Sections 1301 et seq.

(20) Disturbance of vegetation must be avoided, if possible. Where vegetation is disturbed outside of the area covered by any road or structure construction, it must be reestablished immediately upon completion of the activity and must be maintained.

(21) A vegetated area at least 25 feet wide must be established and maintained between any new stormwater outfall structure and the high water line of any open water body. A velocity reducing structure must be constructed at the outlet of the stormwater outfall that will create

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sheet flow of stormwater, and prevent erosion of soil within the vegetated buffer. If the 25 foot vegetated buffer is not practicable, the applicant must explain the reason for a lesser setback in writing. Approval from the DEP must be in writing and any recommendations must be incorporated into the activity.

C. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Diversion. The rerouting of a river, stream or brook around a construction site and then back to the downstream channel.

(3) Floodplain wetlands. Freshwater wetlands that are inundated with flood water during a 100- year flood event based on flood insurance maps produced by the Federal Emergency Agency or other site specific information.

(4) Riprap. Heavy, irregularly shaped rocks that are fit into place, without mortar, on a slope as defined in the MaineDOT Standard Specifications, dated December 2002.

12. Restoration of natural areas

A. Applicability

(1) This section applies to the restoration of an altered portion of a coastal wetland, freshwater wetland, great pond, river, stream or brook to its pre-existing natural condition through the removal of fill, structures or debris which is located in, on over, or adjacent to the natural resource.

(2) This section applies to the removal of non-native species and the planting of natural vegetation in any protected resource.

(3) This section applies to the retrieval of sand from below the normal high water line for redistribution on an existing adjacent sand beach on a great pond.

(4) This section applies to the restoration of the natural grade within a dredged area of a freshwater or coastal wetland.

(5) This section does not apply to:

(a) Restoration or replacement of a structure or unnatural condition such as the installation of a dam structure;

(b) Conversion of existing natural wetlands to wetland of a different type through flooding, inundation or other means;

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(c) Dredging of silt, sand or soil materials which have been naturally deposited from a great pond, river, stream or brook, coastal wetland or freshwater wetland except that eroded sand may be retrieved from a great pond for redistribution on an existing adjacent sand beach;

(d) Mining of gravel or other mineral materials from a river, stream, or brook;

(e) Replacement of eroded soil material in areas above, below and adjacent to the normal high water mark of a great pond, river, stream or brook, freshwater wetland, or coastal wetland, except that sand may be regraded on an existing sand beach;

(f) Removal of a man-made dam structure;

(g) Draining of a freshwater wetland to convert an area to upland; or

(h) An activity occurring within a coastal sand dune system.

(6) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of permits issued under the Site Location of Development Law, 38°M.R.S.A. Sections 481 to 490, the Storm Water Management Law, 38 M.R.S.A. Section 420-D, or the Natural Resources Protection Act, 38 M.R.S.A. Sections 480-A to 480-Z.

(7) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTE: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving impacts (direct and secondary) to freshwater wetlands;

(b) Any activity within a coastal wetland;

(d) Any activity within a river, stream or brook between October 2 and July 14; or

(e) Any activity involving work in waterways designated as Essential Fish Habitat for Atlantic salmon including all aquatic habitats in the watersheds of the following rivers and streams, including all tributaries to the extent that they are currently or were historically accessible for salmon migration: St. Croix, Boyden, Dennys, Hobart Stream, Aroostook, East Machias, Machias, Pleasant, Narraguagus, Tunk Stream, Patten Stream, Orland, Penobscot, Passagassawaukeag, Union, Ducktrap, Sheepscot, Kennebec, Androscoggin, Presumpscot, and Saco River.

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B. Submissions

(1) The applicant is required to submit photographs of the area in which this activity is proposed.

(3) For an activity occurring in tidal waters, notice of approval of timing from the Department of Marine Resources must be submitted to the DEP with the notification form.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the proposed resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(3) Non-native wetland plants may not be planted in disturbed areas.

(4) Only material that has been placed in a natural resource by persons may be removed from these waterbodies except for debris deposited within the previous 12 calendar months, and sand that will be regraded onto existing adjacent sand beaches.

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(5) Sand may be regraded from below the normal high water line, but machinery may not operate in the water. Equipment operating on shore may reach into the water with a bucket or similar extension. Areas covered by vegetation, either aquatic or terrestrial, may not be disturbed during any beach regrading.

(6) Any activity involving the regrading of an existing sand beach must include the installation of permanent erosion control devices, such as water bars and diversion ditches, that prevent future erosion of the sand from upland runoff. The erosion control devices must be installed prior to the regrading of the beach.

(7) Vegetation and soil material used in restoring wetland areas must be similar to the vegetation and soil materials occurring under pre-existing natural conditions.

(8) No fill other than soil material used to restore natural elevations within a dredged area of a coastal or freshwater wetland may be placed in or adjacent to a natural resource. Sand may not be brought in from off-site to replenish an existing beach.

NOTE: Erosion of sand from beaches may be due to wave action or the action of overland water flows. Contact the DEP, the local Soil and Water Conservation District, or the local lake association for assistance with identifying sources of beach erosion.

(9) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(10) All wheeled or tracked equipment that must travel or work in a vegetated wetland area must travel and work on mats or platforms in order to protect wetland vegetation.

(11) All excavated material must be stockpiled either outside the wetland or on mats or platforms. Hay bales, silt fence or mulch must be used, where necessary, to prevent sedimentation.

(12) If the activity occurs within tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(2) Dredge. To move or remove, by digging, scooping, or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.

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(4) Debris. Non-mineral materials (including but not limited to wood, brush or flotsam) deposited by wind, wave action, flooding or wild animals within the last 12 months. This term includes beaver dams, but does not include beaver or muskrat houses or nests of wild birds such as wading birds or waterfowl.

(5) Restoration. An activity returning a great pond, coastal wetland, freshwater wetland, river, stream or brook from a disturbed or altered condition with lesser acreage or fewer functions to a previous condition with greater acreage or functions.

(6) Structure. Anything built for the support, shelter or enclosure of persons, animals, goods or property of any kind, together with anything constructed or erected with a fixed location on or in the ground. Examples of structures include buildings, utility lines and roads.

(7) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

13. Habitat creation or enhancement and water quality improvement activities

A. Applicability

(1) This section applies to an alteration in or adjacent to a protected natural resource by a public natural resource agency. This rule also applies to an alteration in the same types of resources by a public utility, the Department of Transportation, owner of a federally licensed hydropower project, a conservation group, or a municipality in conjunction with and under the supervision of a public natural resource agency, exclusively for the purpose of:

(a) Creating or enhancing habitat for fisheries or wildlife; or

(b) A water quality improvement project.

These activities may include but are not limited to: fishway installation; the construction of artificial reefs; removal, maintenance, installation or modification of dam structures; and the construction and maintenance of nutrient retention structures.

(2) This section applies to a landfill closure activity approved by the DEP.

(3) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTES: (1) Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

(2) A permit will be required from the US Army Corps of Engineers for the following types of projects:

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(a) Any activity involving impacts (direct and secondary) to freshwater wetlands;

(b) Any activity within a coastal wetland;

(d) Any activity within a river, stream or brook between October 2 and July 14; or

B. Submissions

(1) The applicant is required to submit photographs of the area in which this activity is proposed.

(3) Excluding landfill closures, if an activity is to be performed by a public utility, conservation group, municipality or the Maine Department of Transportation, certification from a public natural resource agency that the proposed activity will be done in conjunction with, or under the supervision of, the agency must be submitted with the notification form.

C. Standards

(1) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

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(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) Disturbance of vegetation must be avoided if possible. Where vegetation is disturbed outside of the area covered by any structures or filling associated with this activity, it must be reestablished immediately upon completion of the activity and must be maintained.

(3) Non-native wetland plants may not be planted in disturbed wetland areas.

(4) All debris or excavated material must be stockpiled either outside the wetland or on mats or platforms. Hay bales, silt fence, or mulch must be used where necessary to prevent sedimentation. Any debris generated during the activity must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Section 1301 et seq.

(5) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water, or where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in or adjacent to the waterbody or wetland.

(6) The use of untreated lumber is preferred. Lumber pressure-treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in such a manner as to expose all surfaces to the air for at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol may not be used where the wood will come in contact with water.

(7) Wheeled or tracked equipment may not operate in the water. Equipment operating on the shore may reach into the water with a bucket or similar extension. Equipment may cross streams on rock, gravel or ledge bottom.

(8) Work below the high water line of a great pond, river, stream or brook shall be done at low water, except as required for emergency flood control work. Measures, such as a silt boom or staked fencing, must be employed to reduce and isolate turbidity.

(9) All wheeled or tracked equipment that must travel or work in a vegetated coastal wetland must travel and work on mats or platforms in order to protect wetland vegetation.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

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(1) Dam. Any man made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or brook or great pond.

(2) Public natural resources agency. The Maine Department of Inland Fisheries and Wildlife, the Maine Department of Marine Resources, the Maine DEP, the Maine Department of Conservation, the United States Fish and Wildlife Service, the United States Natural Resources Conservation Service, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Forest Service, National Marine Fisheries Service, National Park Service, National Oceanic and Atmospheric Administration, and County Soil and Water Conservation Districts.

(3) Water quality improvement project. An activity designed exclusively to maintain or enhance water quality of a freshwater wetland, great pond or river, stream, brook or a coastal wetland. Examples include but are not limited to: nutrient retention basins, water level manipulation and rerouting of drainage ways.

(4) Non-native wetland plants. Wetland grasses, forbs, shrubs, or trees not native to the State of Maine, for example, common reed (Phragmites communis) and purple loosestrife (Lythrum salicaria).

14. Piers, wharves, pilings and haulouts [repealed]

15. Public boat ramps

A. Applicability

(1) This section applies to the construction of a new, or the replacement of an existing, public boat ramp or carry-in launch area, including associated parking and accessways, in or adjacent to a protected natural resource by a public natural resource agency, Maine Department of Transportation, municipality, or owners of a federally licensed hydropower project within the resource affected by the hydropower project. This section does not apply if a portion of the ramp or related facilities is located in, on or over emergent marsh vegetation or intertidal mudflat.

(2) This section applies to the construction of up to 2 launch lanes at a facility provided no more than 2 lanes exist or will exist at the completion of the activity.

(3) This section does not apply to a new boat ramp on a lake infested with aquatic invasive plants, as defined in 38 M.R.S.A. Section 410-N. The Department of Environmental Protection identifies and maintains a list of these infested lakes.

NOTE: A permit will be required from the US Army Corps of Engineers for the following types of projects:

(a) Any activity involving open trench excavation in a waterbody;

(b) Any activity in coastal waterways;

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A copy of the permit by rule notification form and original photographs, not photocopies, should be submitted to the Corps of Engineers for these activities (US Army Corps of Engineers, 675 Western Avenue, Suite #3, Manchester, ME 04351. Tel. (207) 623-8367).

B. Submissions

(1) The applicant is required to submit photographs of the area in which this activity is proposed.

(3) If the project results in a new or expanded access drive or parking area, the project design plan, erosion control plan and a request for review for an activity on great ponds classified as GPA under 38 M.R.S.A. Section 465-A must be submitted to the DEP's Division of Watershed Management (DWM) prior to submitting the notification form to the DEP. A certification from DWM must be obtained and must be included with the notification form, along with final project plans and the erosion control plan, when it is submitted to the DEP.

(4) If the proposed activity involves work below the mean low water line of a waterbody, the applicant shall submit a copy of the project design plan along with a copy of the notification form to the Department of Conservation, Bureau of Parks and Lands, Submerged Lands Program (State House Station #22 Augusta, Maine 04333) at the time the notification form is submitted to the DEP. Work on the activity may not begin until a lease or easement is obtained or the Bureau of Parks and Lands has provided notification that one is not necessary.

NOTE: Processing of a request for a lease or easement may require several weeks of review by the Bureau of Public Lands.

(5) If the proposed activity is located within a coastal wetland area, the applicant shall submit, along with the notification form, a letter from both the Department of Inland Fisheries and Wildlife and the Department of Marine Resources that describes times of the year in which the construction of the boat ramp may occur.

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(6) If the proposed activity is located within a freshwater wetland, great pond, river, stream or brook, the applicant shall submit, along with the notification form, a letter from the Department of Inland Fisheries and Wildlife that describes times of the year in which the construction of the boat ramp may occur.

C. Standards

(1) The erosion control plan must be followed. Erosion of soil or fill material from disturbed areas into the resource must be prevented. The following measures must be taken:

(a) Staked hay bales or silt fence must be properly installed between the area of soil disturbance and the resource before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(2) A hard-surfaced launch must be used where boats will be launched from trailers, and must meet the following specifications:

(a) The underwater portions of the ramp, at the time of construction, must be constructed of reinforced precast concrete planks, panels or slabs;

(b) The portion of the ramp used by the towing vehicle may not have a slope that exceeds 15%; the portion of the ramp used by the trailer only may not have a slope that exceeds 20%;

(d) The upper most 6 inches of the base must consist of crushed rock or crushed or screened gravel having 5% or less passing a 200 mesh sieve; and

(e) Fill slopes at or below the normal high water line must be protected with riprap. Riprap installation must meet the standards for riprap in PBR Section 8, "Shoreline stabilization".

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(3) An additional area of up to 8 feet wide as measured parallel to shore may be constructed using bituminous pavement, precast concrete planks, panels or slabs to support docking systems.

(4) A carry-in launch area for small boats must:

(a) Consist of gravel, rock, sand, vegetation, or other erosion resistant materials;

(b) Have a grade not exceeding 18%; and

(c) Be Limited, below the low water line, to constructing a path up to 6 feet wide, measured parallel to shore, consisting of cobble, rock or concrete planks, to access deeper water to float watercraft.

(5) A vegetated buffer zone at least 25 feet in width must be maintained between any new or expanded parking area and the waterbody.

(6) A parking area or access road may not be located in a protected natural resource, except that an access roadway may cross a stream if the requirements of PBR Section 10 "Stream crossings" are met.

(7) Any new or expanded parking area or roadway must divert stormwater runoff away from the ramp to an area where it may infiltrate into the ground before reaching the waterbody.

(8) Machinery may operate below the water line only when necessary to excavate or place material below the existing water level and must travel and operate on temporary mats or portions of the ramp that have been constructed.

(9) Timing of the activity must conform to the recommendations of biologists from the Department of Inland Fisheries and Wildlife or the Department of Marine Resources, as appropriate, as described in letters submitted along with the notification form.

(10) Any debris generated during the work must be prevented from washing downstream and must be removed from the wetland or water body. Disposal of debris must be in conformance with Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A Section 1301 et seq.

(11) Uncured concrete may not be placed directly into the water. Concrete must be pre-cast and cured at least three weeks before placing in the water or, where necessary, must be placed in forms and cured at least one week before the forms are removed. No washing of tools, forms, etc. may occur in or adjacent to the waterbody or wetland.

(12) The use of untreated lumber is preferred. Lumber pressure-treated with chromated copper arsenate (CCA) may be used only if necessary and only if use is allowed under federal law and not prohibited from sale under 38 M.R.S.A. 1682, and provided it is cured on dry land in such a manner as to expose all surfaces to the air for a period of at least 21 days prior to construction. Wood treated with creosote or pentachlorophenol shall not be used where it will contact water.

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D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Emergent marsh vegetation. Plants that are erect, rooted and herbaceous, and that may be temporarily to permanently flooded at the base, but do not tolerate prolonged inundation of the entire plant; (e.g. cattails, saltmarsh cordgrass).

(2) Public natural resource agency. The Maine Department of Inland Fisheries and Wildlife, the Maine Department of Marine Resources, the Maine DEP, the Maine Department of Conservation, the United States Fish and Wildlife Service, the United States Forest Service, the United States Natural Resources Conservation Service and County Soil and Water Conservation Districts.

(3) Project design plan. A detailed plan of the proposed activity indicating all dimensions (width, height, length) relative to the mean low water mark, and including any appurtenant structures that may be seasonal in nature.

16. Activities in coastal sand dunes

A. Applicability

(1) This section applies to the following activities in coastal sand dune systems:

(a) Repair or replacement of an existing seawall, patio, deck, driveway, walkway, porch or parking area;

(b) Dune restoration or construction;

(d) Construction of a new structure or new development, other than a building or closed fence, in a back dune area;

(e) New buildings or an addition to an existing building in a back dune when mitigation and enhancement measures are not required as determined by the DEP;

(f) Construction of closed fences in a back dune, non-erosion hazard area;

(g) Construction of open fences in a frontal dune or back dune erosion hazard area;

(h) Construction of cobble-trapping fences with permanent anchors landward of an existing seawall in a developed area;

(i) Construction of a walkway or driveway on existing developed area in a frontal dune; and

(j) Installation of underground propane tanks.

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PBR applications are reviewed on a case by case basis to determine the concern for damage due to shoreline change. In an area where concern for damage due to shoreline change is identified or mitigation and enhancement measures are required, the applicant is required to file for an individual Natural Resources Protection Act Permit, and is encouraged to contact the DEP for a pre-application meeting.

(2) This section does not apply to the construction of a new structure or addition to an existing structure in V-Zones.

(3) This section does not apply to an activity that will not conform to the local shoreland zoning ordinance.

NOTE: Contact the local Code Enforcement Officer for information on local shoreland zoning requirements.

B. Submissions

(1) The applicant is required to submit photographs of the area in which the activity is proposed.

(3) The following information must be submitted with the notification form.

(a) A site plan that includes the following information.

(i) The dimensions and square footage of the lot.

(ii) The dimensions (including height) and square footage of existing and proposed structures and development e.g. houses, sheds, garages, decks, patios, driveways, parking areas, walkways, lawn, fences, etc. and their location on the lot (see definitions of Building, Footprint and Development in Section 16(D)). The existing and the proposed structures must be clearly distinguished.

(iii) The location of property lines and names of abutters.

(iv) The location of buildings on adjacent properties.

For patios, decks, driveways, walkways, porches, and parking areas that are to be repaired or replaced, the site plan must include the length and width of the existing structure, the height of the existing structure if it is elevated and the thickness of the existing structure;

For new buildings or an addition to an existing building in a back dune erosion hazard area, the site plan must include a post foundation designed to meet the requirements of the Department’s Coastal Sand Dune Rules, 06-096 CMR 355(6)(G);

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(b) A copy of the most recent Coastal Sand Dune Geology Map, produced by the Maine Geological Survey, which contains the project site and has the project site clearly identified on the photo;

NOTE: Maps are available for review at the town offices of most coastal communities and at DEP regional offices. The maps are also available for purchase from the Maine Geological Survey, 22 State House Station, Augusta, ME 04333

(c) For seawall repair or replacement only, an accurate plan drawn to scale by a licensed surveyor, coastal geologist or professional engineer showing the location of the existing and proposed wall and the elevation of the wall(s) referenced to a nearby permanent and reproducible elevation point, such as a described point on a building or other structure. The plan must be signed and dated by the person responsible for preparing the drawing;

(d) If moving sand in an area seaward of the frontal dune between April 1 and September 1, a copy of the written approval to proceed from the Department of Inland Fisheries and Wildlife; and

(e) For open or cobble-trapping fences, a detail showing a typical section of the fence and the dimensions of the fence including the size of the openings.

C. Standards

(1) No more than 40% of the lot may be covered by development including, but not limited to, buildings, driveways, walkways, parking areas, lawn or landscaped area, and land area previously developed; nor may the total area to be covered by the footprint of buildings exceed 20% of the lot, including existing buildings. Land area within the V-zone may not be included as part of a lot for the purposes of this section.

(2) Where development that is existing or did exist within one year of application exceeds 40% of the total lot area, the percentage of developed area may not be increased.

(3) Where the footprint of buildings that are existing or did exist within one year of application exceeds 20% of the total lot area, the percentage of area covered by buildings may not be increased.

(4) An activity occurring on land adjacent to a coastal wetland, freshwater wetland containing over 20,000 square feet of open water or emergent marsh vegetation, great pond, river, stream or brook must meet the erosion control and setback requirements of Section 2, "Activities adjacent to protected natural resources".

(5) Building or building additions may not result in a total structure greater than 35 feet in height or have a footprint greater than 2500 square feet. For purposes of determining whether the building is 35 feet high, the starting point for measuring the bottom elevation of the building is described in Chapter 355(5)(D). The top of the building is considered to be the highest point of the building excluding ancillary features such as weathervanes or chimneys that are attached to the building’s primary roof but including features such as decks or observations towers that extend higher than the building’s primary roof.

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NOTE: The Department recommends that projects be constructed according to the Coastal Construction Manual published by the Federal Emergency Management Agency, which describes the best practices for residential construction in coastal areas.

(6) A building may not be constructed so that any part of the building extends seaward of a line drawn between the seaward most point of buildings on adjacent properties if the construction would significantly obstruct the view from an adjacent building.

(7) During project construction, disturbance of dune vegetation must be avoided and native vegetation must be retained on the lot to the maximum extent possible. Any areas of dune vegetation that are disturbed must be restored as quickly as possible. Dune vegetation includes American beach grass, rugosa rose, bayberry, beach pea, beach heather and pitch pine.

(8) No fill may be placed on the project site other than that required for an approved dune restoration project or new construction. Foundation backfill and sand dune restoration and construction must utilize sand that has textural and color characteristics consistent with the natural sand’s textural and color characteristics.

(9) No sand may be moved seaward of the frontal dune between April 1 and September 1, unless written approval from the Department of Inland Fisheries and Wildlife has been obtained.

(10)An activity involving dune restoration or dune construction must be performed between March 1 and April 1 or October 1 and November 15. Dune grass must be planted immediately after construction. Dune grass must be planted with 3 culms per hole. The holes must be spaced 18 inches apart. The planted dune grass must be protected from pedestrian traffic until the dune grass is well established. The density of the growing stand of dune grass must be at least 40 plants per 100 square feet.

(11)A dune restoration/construction activity must use sand that has textural and color characteristics consistent with the natural sand's textural and color characteristics.

(12)A dune restoration or dune construction activity must minimize damage to existing dune vegetation and must follow the configuration and alignment of adjacent dunes as closely as possible. No sand or other materials may be placed below the normal high tide line.

(13)The replacement of a seawall may not increase the height, length or thickness dimensions of a seawall beyond that which legally existed within 24 months of submission of the notification form. The replaced seawall may not be significantly different in construction from the one that previously existed.

(14)A private walkway must be 4 feet or less in width. A public walkway must be 10 feet or less in width. Walkways must allow for sand movement and may not have a significant impact on vegetation outside of the footprint of the walkway. No portion of the walkway may be located in the V-Zone.

(15)The repair or replacement of a patio, deck, driveway, walkway, porch or parking area may not increase the height, length, width or thickness dimensions of the existing structure. The

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new or repaired patio, deck, driveway, walkway, porch or parking area may be constructed of a different material provided the dimensions remain the same.

(16)All proposed construction and development activity is limited to the location and extent depicted on the plan or drawing submitted pursuant to subsection B(3) of this section.

(17)An open fence must have openings that allow for the easy movement of water, wind and sand. If a picket board fence is proposed, the opening must be at least 4 inches wide or at least double the width of the picket board, whichever is greater. A continuous footing may not be used to support the fence and support posts may not be larger than 4 inches by 4 inches.

(18)A cobble-trapping fence may only be placed on properties that are adjacent to beaches with gravel and cobble sediment and have developed areas such as lawn between the building and the beach. Such a fence may not be placed on a naturally vegetated frontal dune ridge.

(19)A cobble-trapping fence must be placed landward of an existing seawall in a developed area, must not extend more than two feet beyond the building’s foundation on either side, must not consist of more than one row of fencing, must not have openings smaller than 2 inches square or in diameter, and must not be higher than 4 feet above grade, The fence may be supported by permanent, small subsurface pipes or similar emplacements that are left in place all year. A permanent, continuous footing may not be used to support the fence. Cobbles and sediment trapped by the fence may be removed and placed immediately seaward of a frontal dune or seawall on the property.

(20)Underground propane tanks must be placed under an existing structure on the parcel.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Back dunes. Back dunes consist of sand dunes and eolian sand flats that lie landward of the frontal dune or a low energy beach. Back dunes include those areas containing artificial fill over back dune sands or over wetlands adjacent to the coastal sand dune system.

(2) Beach. The zone of unconsolidated sand or gravel that extends landward from the mean low water line to the seaward toe of a dune. The definition of beach includes the beach face and berm.

(3) Beach nourishment. (Deleted)

(4) Berm. The flat or gently sloping area between the high tide limit and frontal dune. A berm is formed by deposition of sand transported to shore by tides, waves, wind and currents.

(5) Building. A structure designed for habitation, shelter, storage, or as a gathering place that has a roof. For the purposes of this rule, the foundation is considered to be a part of the building. A porch with a roof, attached to the exterior walls of a building, is considered part of the building.

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(6) C-zone. (Deleted)

(7) Closed fence. A fence that effectively blocks the movement of wind, water, or sand, such as a stockade fence or snow fence.

(8) Cobble. A rock that is smaller than a boulder and larger than gravel.

(9) Cobble-trapping fence. An open fence with a continuous porosity equal to or greater than 50% that is designed to prevent cobbles from passing through it .

(10) Development. The alteration of property for human-related use including, but not limited to, buildings, decks, driveways, parking areas, lawns, landscaped areas, and areas of non-native vegetation, and any other appurtenant facilities, but excluding temporary structures.

(11) Dune vegetation. Dune plant species typically adapted to Maine’s coastal sand dune systems including, but not limited to, American beach grass, rugosa rose, bayberry, beach pea, beach heather and pitch pine.

(12) Erosion hazard area

(a) Any portion of the coastal sand dune system that can reasonably be expected to become part of a coastal wetland in the next 100 years due to cumulative and collective changes in the shoreline from:

(i) Historical long-term erosion;

(ii) Short-term erosion resulting from a 100-year storm; or

(iii) Flooding in a 100-year storm after a two-foot rise in sea level; or

(b) Any portion of the coastal sand dune system that is mapped as an AO flood zone by the effective FEMA Flood Insurance Rate Map, which is presumed to be located in an Erosion Hazard Area unless the applicant demonstrates based on site-specific information, as determined by the DEP, that a coastal wetland will not result from either (i), (ii), or (iii) occurring on an applicant's lot given the expectation that an AO-Zone, particularly if located immediately behind a frontal dune, is likely to become a V-Zone after 2 feet of sea level rise in 100 years.

(13) Footprint. The outline that would be created on the ground by extending the exterior walls of the building to the ground surface.

(14) Foundation. The portion of a structure that transmits the loads of the structure to the ground, including but not limited to: spread footings, foundation walls, posts, piers, piles, beams, girders, structural slabs, bracings, and associated connectors.

(15) Frontal dune. The frontal dune is the area consisting of the most seaward ridge of sand and gravel and includes former frontal dune areas modified by development. Where the dune has been altered from a natural condition, the dune position may be inferred from the present

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beach profile, dune positions along the shore, and regional trends in dune width. The frontal dune may or may not be vegetated with dune vegetation and may consist in part or in whole of artificial fill. In areas where smaller ridges of sand are forming in front of an established dune ridge, the frontal dune may include more than one ridge.

(16) Land adjacent to a protected natural resource. Any land area within 75 feet, measured horizontally, of the normal high water line of a great pond, river, stream or brook or the upland edge of a coastal wetland or freshwater wetland.

(17) Lot. Also referred to as a lot of record, all contiguous areas under a single present ownership as indicated by a deed and recorded in the registry of deeds constituting a piece of land measured and marked by metes and bounds descriptions or by some other approved surveying technique.

(18) Open fence. A fence through which water, wind and sand can easily move, for example, a split rail fence.

(19) Permanent structure (also referred to as a “structure” in this section). Any structure constructed or erected with a fixed location or attached to a structure with a fixed location for a period exceeding 7 months each year. Permanent structures include, but are not limited to: causeways, piers, docks, concrete slabs, piles, marinas, retaining walls, buildings, swimming pools, fences, seawalls, roads, driveways, parking areas, and walkways. Natural features, such as frontal dunes, are not considered permanent structures. For the purposes of this section, open decks and storage sheds that comply with the criteria outlined below are not considered to be structures.

(a) Open decks that: do not exceed a total of 200 square feet, including any existing decks on the property, are not located in a V-Zone, are supported by posts, and are elevated at least 3 feet above existing grade to allow unobstructed flow of sand, wind and water. One set of outside stairs, attached to the deck, will be considered part of the open deck but not included when determining the 200 square foot area.

(b) One storage shed per lot that does not exceed 100 square feet, provided that it is not located in a V-Zone and that it is not converted to a habitable structure.

(20) Posts. Any pilings or column supports that allow water and sand to move freely underneath the structure, and that are adequate to provide a foundation for the structure they supports. The term “post” does not include frost walls or breakaway foundation construction.

(21) Seawall. Vertical wall, or other sloped barrier that separates land from water areas, commonly constructed out of rocks, wood, concrete or other similar materials, generally built for the purpose of protecting structures or property from shoreline erosion caused by wave or current action. A seawall is presumed to be a permanent structure.

(22) V-Zone. That land area of special flood hazard subject to a one- percent or greater chance of flooding in any given year, and subject to additional hazard from high velocity water due to wave action. Wave heights or wave run-up depths are equal to or greater than 3 feet in V-

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Zones. V-Zones are as identified on the effective Flood Insurance Rate Maps and any subsequent Letters of Map Changes issued by FEMA.

17. Transfers and permit extensions

A. Applicability

(1) This section allows an individual permit, general permit or tier review approval issued under the Natural Resources Protection Act to be transferred from the permittee to the applicant when the permitted project changes ownership.

(2) This section allows an individual permit, general permit or tier review approval issued under the Natural Resources Protection Act to be extended one time provided the approved activity has not begun and the permit has not expired. This section does not apply to an extension request for a permit previously extended under this chapter.

B. Submissions

(1) For a transfer, the applicant must submit an affidavit attesting to the fact that he or she has received, read, understand and will comply with the terms of the DEP Order(s) and conditions of approval for the activity.

(2) For a transfer, the applicant must submit a copy of the order(s) to be transferred as well as a copy of documents establishing proof of ownership of the property on which the activity is located or sufficient title, right or interest to complete the activity in accordance with the requirements of the permit and the NRPA.

(3) For a transfer, the original permittee must submit a statement attesting that he or she agrees to the transfer of his or her permit to the applicant.

(4) For a transfer of a project that requires compensation, the applicant must submit documentation that demonstrates sufficient expertise and financial resources to complete the approved compensation work, including subsequent monitoring and corrective actions.

(5) For permit extensions, a copy of the order(s) to be extended shall be submitted to the Department along with a written reason for the extension request.

C. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Affidavit. A written declaration made under oath before a notary public.

(2) Extension. A DEP approval to extend an unexpired permit. An extension is valid for 2 years.

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18. Maintenance dredging permit renewal

A. Applicability

(1) This section applies to the renewal of an individual permit issued by the DEP for maintenance dredging in a coastal wetland, great pond and river, stream or brook provided that:

(a) The area to be dredged is located in an area that was dredged within the last ten years;

(b) The permit to be renewed was an individual Natural Resources Protection Act permit. If the most recent dredge was permitted under a PBR, this section does not apply;

(c) The area to be dredged is not located in or within 250 feet of an area identified as significant wildlife habitat by the Department of Inland Fisheries and Wildlife;

NOTE: Contact the nearest regional office of the Maine Department of Inland Fisheries and Wildlife for more information

(d) Less than 50,000 cubic yards will be dredged.

(2) This section does not apply to the renewal of a permit issued by the DEP for gravel mining in any protected natural resource.

NOTE: (1) Displacement or bulldozing of sediment within a lobster pound does not require a Natural Resources Protection Act permit provided that the sediment is not removed from the area inundated as a result of the impoundment, 38 M.R.S.A. Section 480-Q(19).

(2) Any activity involving dredging may require a permit from the US Army Corps of Engineers. A copy of the PBR notification should be submitted to the Corps of Engineers for these activities (US Army Corps of Engineers, RR 2 Box 1855, Manchester, ME 04351).

B. Submissions

(1) A copy of the permit issued for the most recent maintenance dredging must be submitted to the DEP with the notification form.

(2) For a dredge activity in tidal waters, notice of approval of the timing of the activity from the Department of Marine Resources must be submitted to the DEP with the notification form.

C. Standards

(1) The dimensions of the area proposed to be dredged may not exceed previously approved dimensions and dredging must be conducted in the same location.

(2) All conditions previously attached to the original permit are incorporated into the permit by rule unless otherwise stated by the DEP in writing.

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(3) For a dredge activity in tidal waters, the activity must occur during the time period approved by the Department of Marine Resources.

(4) Any debris or dredged material generated during the activity may not be disposed of in any protected natural resource unless otherwise allowed in this chapter and the disposal conforms with the Maine Hazardous Waste, Septage and Solid Waste Management Act, 38 M.R.S.A. Sections 1301 et seq.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise:

(1) Dredge. To move or remove, by digging scooping or suctioning any sand, silt, mud, gravel, rock, or other material from the bottom of a water body or wetland surface.

(2) Dredge spoils. Sand, silt, mud, gravel rock or other sediment or material that is moved from coastal wetlands, great ponds or rivers, streams or brooks.

19. Activities in, on or over significant vernal pool habitat

A. Applicability

(1) This section applies to activities in, on, or over a significant vernal pool habitat or a potential significant vernal pool habitat. Significant vernal pool habitat consists of a vernal pool depression and the portion of the critical terrestrial habitat within a 250 foot radius of the spring or fall high water mark of the depression.

NOTE: The 250 feet of critical terrestrial habitat protected as significant vernal pool habitat is only a portion of the habitat used by adult wood frogs, ambystomatid salamanders, and threatened and endangered species. Tracking studies of adult pool-breeding amphibians have shown that they can travel over a third-mile away from their breeding pool, and that a radius of 750 feet around the pool is optimal for protecting viable amphibian populations. The DEP encourages efforts to protect more habitat adjacent to a vernal pool than this regulation has authority over.

(2) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S.A. Sections 481 to 490, the Stormwater Management Law, 38 M.R.S.A. Section 420- D, or the Natural Resources Protection Act, 38 M.R.S.A. Section 480-A to BB.

NOTE: For additional regulatory provisions applicable to significant vernal pools, see 06-096 CMR 335, Significant Wildlife Habitat.

B. Submissions. The following items must be submitted with the notification, unless otherwise provided below.

(1) Photographs of the area that will be affected by the activity proposed.

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(3) A scaled plan or drawing of the area affected, including but not limited to the following information:

(a) The entire property on which the activity will take place, including property lines, the vernal pool depression and remaining surrounding significant vernal pool habitat within 250 feet of the spring or fall high water mark of the depression, and the boundaries and location of other protected natural resources such as streams and other wetlands;

(b) Proposed activity and existing development on which the activity will take place, including buildings, parking areas, roads, fill areas, landscaped areas, etc.; and

It is not necessary to have the plan formally prepared. However, it must be legible and drawn to a scale that allows a clear representation of distances and measurements on the plan.

C. Standards. The following measures must be taken during construction and maintenance of the activity.

(1) No disturbance within the vernal pool depression.

(2) Except for activities in existing developed areas, maintain a minimum of 75% of the critical terrestrial habitat as unfragmented forest with at least a partly-closed canopy of overstory trees to provide shade, deep litter and woody debris.

(3) Maintain or restore forest corridors connecting wetlands and significant vernal pools.

(4) Minimize forest floor disturbance.

(5) Maintain native understory vegetation and downed woody debris.

In determining whether the standard in Section 19(C)(2) has been met, the DEP considers only that portion of the critical terrestrial habitat within the significant vernal pool habitat, which is the area within a 250 foot radius of the spring or fall high water mark of the vernal pool depression.

(6) Take the following measures to prevent erosion of soil or fill material from disturbed areas:

(a) Staked hay bales or silt fence must be properly installed at the edge of disturbed areas between the activity and the vernal pool depression before the activity begins;

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(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(7) An activity of a type that would qualify for a permit by rule under one of the other sections of this chapter listed below, notwithstanding any restriction concerning significant wildlife habitat that may be in that section, must also meet the requirements of that section.

Sec. 4. Replacement of structures Sec. 9. Crossings (utility lines, pipes, cables) Sec. 10. Stream crossings (bridges, culverts, fords) Sec. 11. State transportation facilities Sec. 12. Restoration of natural areas. Sec. 13. Habitat creation or enhancement and water quality improvement activities Sec. 15. Public boat ramps Sec. 16. Coastal sand dune projects

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise.

(1) Critical terrestrial habitat. Uplands and wetlands associated with significant vernal pools used by pool breeding amphibians for migration, feeding, and hibernation, in particular, forested wetlands and forested uplands that provide deep organic litter, coarse woody debris and canopy shade.

(2) Existing developed area. The area of property altered including, but not limited to, buildings, driveways, parking areas, wastewater disposal systems, lawns and other landscaped areas, as of September 1, 2007.

(3) Significant vernal pool habitat. A vernal pool depression and the portion of the critical terrestrial habitat within a 250 foot radius of the spring or fall high water mark of the depression. For complete criteria, see Chapter 335(9), Significant vernal pools.

(4) Vernal pool depression. This area includes the vernal pool depression up to the spring or fall high water mark, and includes any vegetation growing within the depression.

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20. Activities located in, on or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas

A. Applicability

(1) This section applies to activities in existing developed areas located in, on, or over high or moderate value inland waterfowl and wading bird habitat, or shorebird nesting, feeding, and staging areas.

(2) This section applies to an expansion of up to 10% of an existing development area within a high or moderate value inland waterfowl and wading bird habitat, or a shorebird feeding area, if an individual permit is not otherwise required for activity on the parcel.

(3) This section applies to activities consisting of cutting or removal of vegetation within high or moderate value inland waterfowl and wading bird habitat, or shorebird feeding or roosting buffer.

(4) This section applies to new activities, such as the construction of buildings, roads, and driveways, in an upland area on a lot in moderate value inland waterfowl and wading bird habitat and that contains no Development area.

NOTE: If exterior lighting is anticipated to extend into the habitat within the 150 foot setback, the Department may request a detailed lighting plan.

(5) This section does not apply to an activity that is not or will not be in compliance with the terms and conditions of a permit issued under the Site Location of Development Law, 38 M.R.S.A. §§ 481–490, the Stormwater Management Law, 38 M.R.S.A. §420-D, or the Natural Resources Protection Act, 38 M.R.S.A. §§ 480-A–480-FF.

(6) This section does not apply to an activity that does not conform to the local shoreland zoning ordinance.

NOTE: For additional regulatory provisions applicable to significant wildlife habitats, see Significant Wildlife Habitat, 06-096 CMR 335 (last amended June 8, 2006).

B. Submissions. The following items must be submitted with the notification, unless otherwise provided below.

(1) Photographs of the area that will be affected by the activity proposed.

(3) A scaled plan or drawing of the area affected, including information such as the following.

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(a) The entire property on which the activity will take place, including property lines, and the boundaries and location of protected natural resources such as streams, and wetlands, as well as significant wildlife habitat (specify type of significant wildlife habitat).

(b) Proposed activity and existing development on which the activity will take place, including buildings, parking areas, roads, fill areas, landscaped areas, etc. If up to a 10% expansion of an existing developed area is proposed within a high or moderate value inland waterfowl and wading bird habitat, or a shorebird feeding area, indicate the existing developed area and proposed expansion.

It is not necessary to have the plan formally prepared. However, it must be legible and drawn to a scale that allows a clear and accurate representation of distances and measurements on the plan.

(4) For cutting or removal of vegetation in a shorebird roosting buffer, notice of approval of the activity from the Department of Inland Fisheries and Wildlife (IF&W) must be submitted to the DEP with the notification form. The IF&W approval may specify the location of the activity or other conditions of approval.

(5) For any work in, on or over a shorebird nesting, feeding, and staging area that would occur between July 15 and September 15, notice of approval of the timing of the activity from the Department of Inland Fisheries and Wildlife must be submitted to the DEP with the notification form.

(6) For new activities in a moderate value inland waterfowl and wading bird habitat that take place between April 15 and July 31 of any year, notice of approval of the timing of the activity from the Department of Inland Fisheries and Wildlife must be submitted to the DEP with the notification form.

C. Standards

(1) For activities in, on or over a shorebird nesting, feeding, and staging area between July 15 and September 15, the activity must occur during the time period approved by the Department of Inland Fisheries and Wildlife.

(2) The following measures must be taken to prevent erosion of soil or fill material from disturbed areas into the resource:

(a) Staked hay bales or silt fence must be properly installed at the edge of disturbed areas between the activity and the undeveloped area before the activity begins;

(b) Hay bales or silt fence barriers must be maintained until the disturbed area is permanently stabilized;

(c) Within 7 calendar days following the completion of any soil disturbance, and prior to any storm event, mulch must be spread on any exposed soils;

(d) All disturbed soils must be permanently stabilized; and

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(e) Within 30 days of final stabilization of the site, any silt fence must be removed.

NOTE: For guidance on erosion and sedimentation controls, consult the Maine Erosion and Sediment Control BMPs, dated March 2003. This handbook and other references are available from the DEP.

(3) An activity of a type that would qualify for a permit by rule under one of the sections listed below must also meet the requirements of that section.

Sec. 3. Intake pipes Sec. 4. Replacement of structures Sec. 6. Movement of rocks or vegetation Sec. 7. Outfall pipes Sec. 8. Shoreline stabilization Sec. 9. Crossings (utility lines, pipes, cables) Sec. 10. Stream crossing (bridges, culverts, fords) Sec. 11. State transportation facilities Sec. 12. Restoration of natural areas Sec. 13. Habitat creation or enhancement and water quality improvement activities Sec. 15. Public boat ramps Sec. 16. Coastal sand dune projects Sec. 18. Maintenance dredging renewal permit

(4) Except for cutting or removal of vegetation allowed pursuant to paragraph C(6) of this section, cutting or removal of vegetation within a high or moderate value inland waterfowl and wading bird habitat, or shorebird roosting buffer, is limited to:

(a) Removal of a safety hazard; or

(b) Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet in width as measured between tree trunks and shrub stems. The footpath may not result in a cleared line of sight to the water.

Any cutting or removal of vegetation within a shorebird roosting buffer under this paragraph must be done in consultation with and as approved by the Department of Inland Fisheries and Wildlife.

(5) Cutting or removal of vegetation within a shorebird feeding buffer must meet the vegetative screening standards set forth in Mandatory Shoreland Zoning, 38 M.R.S.A. §439-A(6). In interpreting and enforcing these standards, the department shall rely upon the department’s shoreland zoning rules regarding cutting or removal of vegetation for activities other than timber harvesting1 and apply the cutting standards applicable within 75 feet of a coastal wetland to the entire 100-foot feeding buffer.

1 Guidelines for Municipal Shoreland Zoning Ordinances, 06-096 CMR 1000(15)(P) (chapter last amended May 1, 2006).

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(6) New activities in an upland area on a lot in a moderate value inland waterfowl and wading bird habitat and that contains no Development area must meet the following standards:

(a) New structures must be located a minimum of 150 feet landward of the upland edge or forested wetland edge of the inland wetland complex within the waterfowl and wading bird habitat;

(b) Beyond 150 feet from the upland edge or forested wetland edge of the inland wetland complex within the waterfowl and wading bird habitat, no more than 20 % of the applicant’s land within the habitat may be cleared or developed;

(c) Within 150 feet of the upland edge or forested wetland edge of the inland wetland complex within the waterfowl and wading bird habitat, cutting and removal of vegetation is limited to those activities described in Paragraphs C(4)(a) and (b) of this section.

(d) No construction or clearing activity may take place from April 15 through July 31 of any year unless otherwise approved by the Maine Department of Inland Fisheries and Wildlife.

(7) All work is limited to the location and extent depicted on the plan or plans submitted pursuant to subsection B(3) of this section.

D. Definitions. The following terms, as used in this chapter, have the following meanings, unless the context indicates otherwise.

(1) Development area. The area of property altered including, but not limited to, buildings, driveways, parking areas, wastewater disposal systems, lawns and other landscaped areas, as of June 8, 2006. "Developed area" has the same meaning as "development area".

(2) Inland high or moderate value waterfowl and wading bird habitat. A high to moderate value inland habitat is an inland wetland complex, and a 250 foot wide zone surrounding the wetland complex, that through a combination of dominant wetland type, wetland diversity, wetland size, wetland type interspersion, and the percent of open water meets IF&W guidelines or is an inland wetland complex that has documented outstanding use by waterfowl or wading birds. See Chapter 335(10)(A) for complete criteria.

(3) Shorebird nesting, feeding, and staging areas. Shorebird nesting, feeding, and staging areas, and a zone surrounding those areas as described in paragraphs (4) and (5), are significant wildlife habitats. Shorebird species include the members of the families Scolopacidae, Charadriidae, and Haematopodidae, including, but not limited to, sandpipers and plovers. See Chapter 335(11) for complete criteria.

(4) Shorebird feeding area. A shorebird feeding or staging area that is not a roosting area. The shorebird feeding area includes a 100-foot-wide surrounding buffer referred to as the feeding buffer.

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(5) Shorebird roosting area. A shorebird feeding or staging area that is also a roosting area. The shorebird roosting area includes a 250-foot-wide surrounding buffer referred to as the roosting buffer.

NOTE: The significant wildlife habitats subject to this section are depicted on GIS data layers maintained by IF&W and available from either IF&W or the DEP.

21. Greenhouse Gases

(A) Prohibition. The Department shall not issue a PBR if it is determined that the proposed activity to be permitted will result in emissions of greenhouse gases in excess of #### ppm per [TIME PERIOD].

(B) Determination. An estimation of greenhouse gas emissions of the activity to be permitted shall be based on industry standard emissions, or on the best available science.

STATUTORY AUTHORITY: 38 M.R.S.A., Section 480-H & 341-D(1)

EFFECTIVE DATE: February 15, 1989

AMENDED: March 23, 1991 April 11, 1992 May 19, 1992 May 1, 1995

EFFECTIVE DATE (ELECTRONIC CONVERSION): May 4, 1996

NON-SUBSTANTIVE CORRECTIONS: May 12, 1997 - punctuation, formatting, comparison with May 14, 1995 amendment October 29, 1998 - APA Office Note added to first Section 5

AMENDED: June 1, 1999 July 16, 1999 (EMERGENCY, expires October 14, 1999) - Section 10(A) October 15, 1999 - language reverted to June 1, 1999 version February 14, 2000 - Section 10

NON-SUBSTANTIVE CORRECTIONS: November 23, 2000 - removed erroneous April 21, 1995 amendment date

AMENDED:

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September 1, 2002

NON-SUBSTANTIVE CORRECTIONS: September 5, 2002 - title of Section 2 only

AMENDED: May 25, 2005 – filing 2005-174 December 5, 2006 – filing 2006-496 February 25, 2008 – Section 20 only, filing 2008-88 July 15, 2009 – filing 2009-339 July 30, 2011 – Section 16 only, filing 2011-211 (Final adoption, major substantive) June 8, 2012 – filing 2012-146 (Final adoption, major substantive)

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