A.
Registration of Owner and Operator. Prior to the operation of a
NMMPP the Owner shall either obtain an air emission license per the
requirements of 06-096 CMR Ch. 115 or register the equipment with the
Department under this rule and receive a General Permit Number. 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 (NOITC) per Section 3(D) of this rule prior to operation of
the equipment. The Owner and Operator may be the same.
B.
Required CIN Application Form and
Additional Information. The application for a CIN 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 age, type, and maximum processing
rate of the crusher to be issued a CIN;
(3) A unique identifier, such as a serial
number, etc. associated with this CIN;
(4) Any other information that may be
necessary to implement and enforce any requirements applicable to the source
pursuant to federal or state air emission control regulations;
(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
Section 3(G).
C.
Identification of Equipment. The Department will assign a unique Crusher
Identification Number (CIN) to each rock crusher for which an application has
been submitted. The rock crusher associated with the CIN shall be clearly
marked (engraved, stenciled, etched, or otherwise permanently affixed) with one
of the following:
(1) The current CIN number,
or
(2) A serial number or other
unique equipment number that is also listed in the CIN 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 the listed
equipment or the operator applies for and obtains an air emission license per
06-096 CMR Ch. 115.
E.
Required NOITC form. The NOITC shall be in a form prescribed by the
Department. The NOITC form shall include, but is not limited to, the following
elements:
(1) The Crusher Identification
Number issued by the Department if the NOITC is submitted separately from the
CIN application form;
(2)
Identifying information, including contact information for the
Operator;
(3) A statement that the
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 all requirements applicable to the source
pursuant to federal or state air emission control regulations;
(5) A certification statement as set forth in
Section 3(G).
F.
Certification. All CIN applications and NOITC 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 (see 06-096 CMR Ch.
100) 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 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.
149, General Permit Regulation for Nonmetallic Mineral Processing Plants and
any other applicable state or federal air emission control regulations."
Upon 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 CIN or
NOITC.
H.
Fees. The
owner shall pay an annual fee to the Department per 38 MRSA, 353-A.10. The
first year's fee is due with the CIN application form.
I.
Submittal Address. An
application for a CIN and NOITC shall be filed with the Bureau of Air Quality,
Department of Environmental Protection, 17 State House Station, Augusta, ME
04333-0017.
J.
Source
obligation. Neither a CIN nor submittal of a 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 in the determination of the control technology
requirements.
