06-096 C.M.R. ch. 149, § 5 - General Permit Conditions for Operators

A. General Conditions

(1) Employees and authorized representatives of the Department shall be allowed safe access to the operator's 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 premises, 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 the 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 of the program to the Department upon request.

(3) The CIN 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 a license issued under the authority of 06-096 CMR Ch. 115 shall not stay any condition of this general permit.

(7) The operator may 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.

(8) 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:

(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; or

(ii) pursuant to any other requirement of this general permit to perform testing.

(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

(c) submit a written report to the Department within thirty (30) days from date of test completion.

(9) 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.

(10)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.

(11)The 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. The operator shall notify the Department within two (2) days or the next state 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.

(12)Upon written request from the Department, the operator 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.

(13)The operator shall make a copy of the NOITC available and provide it to Department employees upon request.

(14)The operator shall have the equipment operator(s) be familiar with the terms and conditions of this general permit.

(15)Notwithstanding any part of this regulation, the operator is subject to the applicable parts of 06-096 CMR Ch. 101 and shall comply with suCh.

B. Rock Crushers

(1) Visible emissions from the rock crusher shall not exceed an opacity of 10% on a six (6) minute block average basis.

(2) Visible emissions from any transfer point on belt conveyors shall not exceed an opacity of 7% on a six (6) minute block average basis.

(3) The operator shall maintain spray nozzles or other control equipment for particulate control on the rock crusher and operate them as necessary to limit visible emissions to the opacity standards listed in Sections 5(B)(1) and (2).

(4) The operator shall maintain a log detailing the maintenance on particulate matter control equipment (including spray nozzles). The operator shall perform monthly inspections of all water sprays to confirm water is flowing to the correct locations and initiate corrective action within 24 hours if water is found to not be flowing properly. Records of the date of each inspection and any corrective action required shall be included in the maintenance log. The maintenance log shall be kept on-site at the rock crushing location.

(5) The operator shall maintain a log detailing and quantifying the hours of operation on a daily basis for the rock crusher. The operation log shall be kept on-site at the rock crushing location.

C. Power Plant Engines

(1) Each power plant engine shall not equal or exceed a maximum heat input of 5.0 MMBtu/hr.

(2) Power plant engines must meet the definition of portable non-road engine as defined in this rule.

(3) Power plant engines shall fire only fuel with a sulfur content not to exceed 15 ppm.

(4) Each power plant engine with a maximum heat input greater than 3.0 MMBtu/hr shall not exceed 0.12 lb/MMBtu of particulate emissions.

(5) Stationary fuel use for the facility, including any power plant engines and asphalt plants, shall not exceed 65,000 gallons per year of diesel fuel, #2 fuel oil, #4 fuel oil, #6 fuel oil, and the equivalent amount of natural gas/propane combined.

(6) The operator shall keep records documenting the quantity and type of fuel fired at the facility and provide such records to the Department upon request.

(7) Visible emissions from each power plant engine shall not exceed 20% 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.

(8) The operator shall not operate any power plant engine as a dispatchable load generator (i.e. provide power to ISO New England or other electrical system operator).

(9) 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.

(10)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 backpressure limit is approached.

D. Equipment Relocation

(1) The operator shall notify the Bureau of Air Quality, by a written notification prior to relocation of any crusher. It is preferred for 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 mail. Notification sent by mail shall be sent 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 CIN 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.

(3) If the Department has reasonable cause to believe that emissions from the relocated source will violate the control strategy or interfere with attainment or maintenance of a national standard in Maine or in a neighboring state, the Department may require the facility to obtain an air emission license under the authority of 06-096 CMR Ch. 115.

E. Stockpiles and Roadways

Visible emissions from a fugitive emission source shall not exceed an opacity of 20%, 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.

Notes

06-096 C.M.R. ch. 149, § 5