06-096 C.M.R. ch. 149, § 4 - General Permit Conditions for Owners

A. General Conditions

(1) 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 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 owner shall pay the annual air emission 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 CIN.

(3) The CIN does not convey any property rights of any sort, or any exclusive privilege.

(4) 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.

(5) 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.

(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.

B. Rock Crushers Subject to NSPS. Owners of Stationary plants with maximum capacities greater than 25 ton/hour and portable plants with maximum capacities greater than 150 ton/hour are subject to and shall comply with 40 CFR Part 60, Subpart OOO Standards of Performance for Nonmetallic Mineral Processing Plants if they began construction, reconstruction, or modification after August 31, 1983. Compliance includes, but is not limited to:

(1) The owner shall either have an initial performance test performed on the rock crushers per the applicable sections of 40 CFR Part 60, Subpart OOO, §60.675 or provide documentation to the Department that the initial performance test was previously performed. (Documentation that a successful initial performance test was performed outside of Maine may be accepted.)

(2) An initial performance test shall be completed within 60 days after achieving the maximum production rate at which the unit will be operated, but no later than 180 days after initial startup of the unit. If the initial performance test for a facility falls within a seasonal shutdown, then with written approval from the Department, the initial performance test may be postponed until no later than 60 calendar days after resuming operation of the affected equipment.

(3) The owner shall submit a test notice to the regional inspector at least 7 days prior to a performance test.

(4) For crushers for which construction, reconstruction or modification began after April 22, 2008, the owner is required at the time of the initial performance test to designate which water sprays will be regularly inspected as part of the continuous compliance demonstration.

Notes

06-096 C.M.R. ch. 149, § 4