06-096 C.M.R. ch. 149, § 1 - Applicability

A.This regulation applies statewide.

B.This Chapter supersedes Rules Concerning the Processing of Applications and Other Administrative Matters, 06-096 CMR Ch. 2, where applicable.

C.This regulation applies to all nonmetallic mineral processing plants (NMMPP) unless the NMMPP is covered under a separate state air emission license pursuant to 06-096 CMR Ch. 115.

D.This regulation does not apply to any equipment at a facility which could be considered a major source.

E.This regulation does not exempt the source from any applicable state or federal requirements including but not limited to 06-096 CMR Ch. 143, New Source Performance Standards and 06-096 CMR Ch. 144, National Emission Standards for Hazardous Air Pollutants.

F.Exclusions. A source shall not be issued a CIN and shall instead obtain an air emission license under the authority of 06-096 CMR Ch. 115 if:

(1) A control method other than water sprays or carry over from up-stream water sprays is used to control emissions from the crusher;

(2) It is determined that the source cannot comply with the terms and conditions of this regulation;

(3) The power plant engine cannot meet the definition of a portable non-road engine;

(4) The power plant engine has a maximum heat input equal to or greater than 5.0 MMBtu/hr;

(5) The aggregate of all stationary fuel burning equipment at a facility, under control of the Operator, may fire more than 65,000 gallons of diesel, #2, #4, or #6 fuel oil, or equivalent natural gas/propane (combined) in a calendar year;

(6) The Department has reasonable cause to believe that the application contains fraud or misrepresentation;

(7) The person applying for the CIN 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;

(8) The Owner/Operator owes any past due fees or civil penalties to the Department from previous air related licenses, permits, or consent agreements; 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.

Notes

06-096 C.M.R. ch. 149, § 1