06-096 C.M.R. ch. 134, § 5 - Approval Process for Department Order

A. Compliance Determination. After receipt of a VOC Emission Reduction Plan submitted pursuant to Section 3(B)(1), 3(B)(2), and 3(B)(3) of this Chapter, the Department shall submit to the owner or operator written notification stating whether the plan is sufficient to allow the Department to determine if the facility has met the requirements of Section 3(A)(1), 3(A)(2), and 3(A)(3) and 3(B)(1), 3(B)(2), and 3(B)(3). If the Department deems the VOC emission reduction plan to be insufficient to determine if the facility has met the requirements of Section 3(B)(1), 3(B)(2), and 3(B)(3), the Department shall request from the owner or operator the appropriate information.

B. Draft Department Order Format. After receipt of a VOC Emission Reduction Plan, and all other information deemed by the Department necessary to determine if the facility has met the requirements of Section 3(A)(1), 3(A)(2), and 3(A)(3) and 3(B)(1), 3(B)(2), and 3(B)(3) of this Chapter, the Department shall send to the owner or operator, and to EPA for those facilities that choose Option C, a proposed draft Department Order containing the following information:

(1) An inventory of all VOC-emitting equipment or processes, not exempted under Section 1(C) of this Chapter;

(2) Emission limits for all VOC-emitting equipment or processes, not exempted under Section 1(C) of this Chapter;

(3) A schedule requiring compliance with the emission limits;

(4) Procedures for determining initial compliance with the emission limits;

(5) Procedures for assessing continuous compliance with the emission limits;

(6) Recordkeeping requirements; and

(7) Reporting requirements.

C.Public Notification Requirements for Draft Department Order. The owner or operator of each facility that elects Option C of Section 3 must notify the public, by advertisement in a newspaper of general circulation in the region in which the facility is located, at least thirty (30) calendar days prior to the date upon which the public comment period ends. The notice must announce availability of the VOC emission reduction plan, the Department's preliminary determination in the form of a draft order, as well as the opportunity for submission of written public comment. The notice must also announce the date, place and time a public meeting will be held upon written request. 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, a public meeting must be held on the date and time as scheduled in the public notice.

D. Final Department Order The Department may issue to the owner or operator a final Department Order. Orders issued pursuant to Option C shall be submitted to EPA for approval as a SIP revision.

Notes

06-096 C.M.R. ch. 134, § 5