# 06-096 Ch. 140: Ch. 140: Part 70 Air Emission License Regulations

> Maine · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_140

## Section

- **Citation:** 06-096 Ch. 140
- **Heading:** Ch. 140: Part 70 Air Emission License Regulations
- **Jurisdiction:** Maine
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Code of Maine Rules / 06-096 Department of Environmental Protection - General / Ch. 140

## Text

SUMMARY: This regulation of the Department of Environmental Protection (Department) identifies the sources of air emissions that require a Part 70 air emission license and incorporates the requirements of Title IV – Acid Deposition Control, and Title V – Permits, both of the Clean Air Act (CAA), as amended, 42 U.S.C. 7401, et seq.; and 38 M.R.S., §§ 344 and 590. The pre-filing requirements and public notice requirements of this Chapter supersedes Rule Concerning the Processing of Applications and other Administrative Matters, 06-096 C.M.R. ch. 2, where applicable. It contains extensive information on a wide variety of variables in the licensing process as specified in the following sections:
1.	Scope and Applicability	1
2.	General Terms and Conditions of Applications and Licenses	3
3.	Renewal of a Part 70 License and the Initial Part 70 Licenses	16
4.	Part 70 Acid Rain Sources	27
5.	New Source Review License for a New Source, Major Modification, or Minor Modification.	29
6.	HAP Emission Limitations	29
7.	Part 70 Administrative Revision	33
8.	Part 70 Section 502(b)(10) Change	35
9.	Part 70 Minor License Modification	36
10.	Part 70 Significant License Modification	39
11.	Intrafacility Emission Trading	40
12.	Part 70 License Transfer	42
13.	Part 70 General Licenses	44
14.	Ambient Air Quality Analysis	45
Insignificant Activities	56
NOTE: Please see Definitions Regulation, 06-096 C.M.R. ch. 100 for definitions.
1.	Scope and Applicability
A.	Geographic Scope. This regulation is applicable to all ambient air quality control regions in the State.
B.	General Requirement. A Part 70 license is required for all Part 70 major sources. Once a source requires an air emission license, all emissions units which emit regulated pollutants at the source must be included except those insignificant activities listed in Appendix B of this Chapter
y
A.	Geographic Scope. This regulation is applicable to all ambient air quality control regions in the State.
B.	General Requirement. A Part 70 license is required for all Part 70 major sources. Once a source requires an air emission license, all emissions units which emit regulated pollutants at the source must be included except those insignificant activities listed in Appendix B of this Chapter. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980 on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of Major and Minor Source Air Emission License Regulation, 06-096 C.M.R. ch. 115, § (4)(A) applies to the source or modification as though construction had not yet commenced on the source or modification.
C.	A Part 70 License or License Amendment is required for the following:
(1)	Any Part 70 major source;
(2)	Any source in a source category designated by the U.S. Environmental Protection Agency (EPA) pursuant to 40 C.F.R. Part 70.3(a);
(3)	Any source required to have a license under Part C (Prevention of Significant Deterioration of Air Quality) and Part D (Plan Requirements for Federal Nonattainment Areas) of Title I of the CAA;
(4)	Any CAA Title IV source (Acid Rain);
(5) Any changes or revision to the requirements in the Part 70 license. The processes to amend the Part 70 license include Part 70 Administrative Revisions, Part 70 Minor Licenses Modifications, and Part 70 Significant License Modifications; and
(6) Major sources undergoing 06-096 C.M.R. ch. 115 New Source Review. Following a new major source license issued under the NSR provisions of 06-096 C.M.R. ch. 115, the source must then apply for an initial Part 70 license within one year of commencing operations as provided in 40 C.F.R. Part 70.5.
D.	Exemptions
t 70 Minor Licenses Modifications, and Part 70 Significant License Modifications; and
(6) Major sources undergoing 06-096 C.M.R. ch. 115 New Source Review. Following a new major source license issued under the NSR provisions of 06-096 C.M.R. ch. 115, the source must then apply for an initial Part 70 license within one year of commencing operations as provided in 40 C.F.R. Part 70.5.
D.	Exemptions
(1)	All sources listed in subsection 1(C) of this Chapter that are not Part 70 major sources, Title IV sources, or solid waste incineration units required to obtain a license pursuant to Section 129(e) of the CAA are exempted by the Department from the obligation to obtain a Part 70 license until such time as EPA completes a rulemaking to determine how the program should be structured for nonmajor sources.
(2)	In the case of nonmajor sources subject to a standard or other requirement under either Section 111 (Standards of Performance for New Stationary Sources) or Section 112 (Hazardous Air Pollutants) of the CAA promulgated after July 21, 1992, EPA will determine whether to exempt any or all such sources from the requirement to obtain a Part 70 license at the time that the new standard is promulgated.
(3)	Unless otherwise required by the Department to obtain a Part 70 license, the following sources are exempted from the obligation to obtain a Part 70 license:
(a)	All sources that would be required to obtain a Part 70 license solely because they are subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters;
the time that the new standard is promulgated.
(3)	Unless otherwise required by the Department to obtain a Part 70 license, the following sources are exempted from the obligation to obtain a Part 70 license:
(a)	All sources that would be required to obtain a Part 70 license solely because they are subject to 40 C.F.R. Part 60, Subpart AAA, Standards of Performance for New Residential Wood Heaters;
(b)	All sources that would be required to obtain a Part 70 license solely, because they are subject to 40 C.F.R. Part 61, Subpart M, National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation; and
Any source that is licensed under Major and Minor Source Air Emission License Regulation, 06-096 C.M.R. ch. 115 that would otherwise be subject to this Chapter, but received federally enforceable license conditions to retain a minor source status as allowed by 40 C.F.R. Part 70.
(4)	Any source listed in this subsection that is exempted from the requirement to obtain a Part 70 license may opt to apply for a Part 70 license under this Chapter.
NOTE: A source exempt from this Chapter may be subject to the requirements of obtaining an air emission license under 06-096 C.M.R. ch. 115.
2.	General Terms and Conditions of Applications and Licenses
A.	Projects Requiring Multiple Application Submittals Under this Chapter
If a Part 70 source is applying simultaneously for the renewal of a Part 70 license and amendments or multiple amendments under more than one section of this Chapter, the source may submit one application covering all required information for each relevant section.
B.	Required Application Form and Additional Information
The application shall include an application form prescribed by the Department and additional information required by the Department, unless otherwise specified by this Chapter. The application may not omit information needed to determine the applicability of or to impose any Applicable or state requirement, or to evaluate the fee amount
ion.
B.	Required Application Form and Additional Information
The application shall include an application form prescribed by the Department and additional information required by the Department, unless otherwise specified by this Chapter. The application may not omit information needed to determine the applicability of or to impose any Applicable or state requirement, or to evaluate the fee amount. An application for a license modification need supply only that information related to the proposed amendment. The application form and the additional required information shall include, but is not limited to, the following elements:
(1)	Identifying information, including company name and physical address, responsible official's name and contact information, and names and contact information of the on-site manager/contact;
(2)	Identification and description of the source's processes and products by North American Industry Classification System (NAICS) Code, including any processes or products associated with each alternative operating scenario identified by the applicant;
(3)	Any insignificant activities that must be listed in the application as specified in Appendix B of this Chapter;
(4)	The following emissions related information for units and activities that are not specified as insignificant in Appendix B of this Chapter:
(a)	All emissions of air pollutants for which the Part 70 source is defined as a Part 70 major source and all emissions of regulated pollutants, including fugitive emissions to the extent quantifiable;
(b)	Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate Part 70 license fees;
(c)	Identification and description of all points of emissions described in (a) and (b) above in sufficient detail to establish applicability of requirements of the CAA and state regulations;
cluding fugitive emissions to the extent quantifiable;
(b)	Any additional emissions-related information necessary to verify which requirements are applicable to the source or to calculate Part 70 license fees;
(c)	Identification and description of all points of emissions described in (a) and (b) above in sufficient detail to establish applicability of requirements of the CAA and state regulations;
(d)	Emission rates in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable EPA standard reference test method and compliance consistent with the applicable emission limit;
(e)	The following information to the extent it is needed to determine or regulate emissions: fuel types, fuel use, raw materials, production rates, and operating schedules;
(f)	Identification and description of air pollution control equipment and compliance monitoring devices or activities;
(g)	Limitations on source operation affecting emissions, or any work practice standards, where applicable, for all regulated pollutants at the Part 70 source;
(h)	Other information required by any Applicable requirement or state requirement; and
(i)	Calculations used as the basis for emissions-related information.
(5)	The following air pollution control requirements:
(a)	Citation and description of all Applicable requirements;
(b)	Citation and description of all state requirements; and
(c)	Description of or reference to any applicable test method for determining compliance with each Applicable requirement and state requirement;
(6)	Other specific information that may be necessary to implement and enforce other Applicable requirements of the CAA, this Chapter or state requirements or to determine the applicability of such requirements.
(7)	An explanation of any proposed exemptions from otherwise Applicable requirements and state requirements;
r determining compliance with each Applicable requirement and state requirement;
(6)	Other specific information that may be necessary to implement and enforce other Applicable requirements of the CAA, this Chapter or state requirements or to determine the applicability of such requirements.
(7)	An explanation of any proposed exemptions from otherwise Applicable requirements and state requirements;
(8)	Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the applicant or to define terms and conditions in the Part 70 license allowing intrafacility emission trading which are under the allowable emissions in the Part 70 license;
(9)	A description of the source category or categories which are applicable to the source, HAP emissions unit(s) requiring HAP emission limitations, and whether the HAP emissions unit(s) require a Maximum Achievable Control Technology emission limitation (MACT) for an existing or new Part 70 HAP source;
(10) If required by the Department, proposed monitoring, modeling, testing, recordkeeping and reporting protocols, the results of previously performed in-stack monitoring, and results of previously performed stack testing.
(11) A compliance plan that includes the following information:
(a)	A description of the compliance status of the Part 70 source with respect to all Applicable requirements and state requirements;
(b)	A statement that the Part 70 source will continue to comply with any Applicable requirements and state requirements with which it is in compliance;
(c)	A statement that the Part 70 source will meet on a timely basis any Applicable requirements and state requirements that will become effective during the Part 70 license period, unless a more detailed schedule is expressly required by the Applicable requirement;
(d)	For Part 70 sources out of compliance at the time of issuance of the Part 70 license:
requirements with which it is in compliance;
(c)	A statement that the Part 70 source will meet on a timely basis any Applicable requirements and state requirements that will become effective during the Part 70 license period, unless a more detailed schedule is expressly required by the Applicable requirement;
(d)	For Part 70 sources out of compliance at the time of issuance of the Part 70 license:
(i)	A narrative description of how the Part 70 source will achieve compliance with all Applicable requirements and state requirements; and
(ii)	A compliance schedule for achieving compliance that includes remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any Applicable requirements and state requirements for which the Part 70 source will be in noncompliance at the time of the Part 70 license issuance. The compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the Part 70 source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the Applicable requirements and state requirements on which it is based; and
(e)	For Part 70 sources required to have a schedule of compliance to remedy a violation, a schedule for submission of certified progress reports to be submitted at least once every six months from the date of issuance of the Part 70 license;
(12) A compliance certification that includes the following information:
(a)	A certification of compliance with all Applicable requirements and state requirements by a responsible official consistent with subsection 2(C) of this Chapter and Section 114(a)(3) of the CAA;
(b)	A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
on that includes the following information:
(a)	A certification of compliance with all Applicable requirements and state requirements by a responsible official consistent with subsection 2(C) of this Chapter and Section 114(a)(3) of the CAA;
(b)	A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods;
(c)	A schedule for submission of compliance certifications during the Part 70 license term, to be submitted at least once every 12 months from the date of issuance of the Part 70 license, or more frequently if specified by the Department or an underlying Applicable requirement;
(d)	A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the CAA; and
(e)	Such other facts or information that the Department may require to determine the compliance status of the Part 70 source;
(13)	If required by the Department, results of meteorology or air quality monitoring including an analysis of meteorological and topographical data necessary to evaluate the air quality impact pursuant to Section 14 of this Chapter.; and
(14)	If the Department determines that any regulated pollutant from an existing source has or will have a significant impact, a description of the factors used in the ambient air quality impact analysis pursuant to Section 14 of this Chapter.
C.	Certification by Responsible Official
All application forms, reports, and compliance certifications submitted to the Department shall contain a certification of truth, accuracy and completeness with the signature and printed name of the responsible official (see Definitions Regulation, 06-096 C.M.R. ch. 100). The signature must either be an original wet-ink signature or an electronic signature that complies with 40 C.F.R. Part 3
icial
All application forms, reports, and compliance certifications submitted to the Department shall contain a certification of truth, accuracy and completeness with the signature and printed name of the responsible official (see Definitions Regulation, 06-096 C.M.R. ch. 100). The signature must either be an original wet-ink signature or an electronic signature that complies with 40 C.F.R. Part 3. The signatory statement shall make the following certification:
"I certify under penalty of law that, based on information and belief formed after reasonable inquiry, I believe the information included in the attached document is true, complete, and accurate."
Upon becoming aware that incorrect information was submitted or relevant facts should have been but were not submitted, the responsible official must provide the Department with the corrected information or supplementary facts.
D.	Public Notice of Intent to File
(1)	Any applicant for a renewal of a Part 70 license, an initial Part 70 license, or a Part 70 license transfer must publish a public notice of Intent to File at the applicant's expense within the 30 days prior to filing an application. This notice shall be published once in the public notice section of a newspaper of general circulation in the region in which the source would be located. In addition, a copy of the application shall be made available at the municipal office of the municipality(ies) where the source is located. A copy of the notice from the paper must be submitted with the application. Applications for administrative revisions, Section 502(b)(10) changes, Part 70 Minor License Modifications, and Part 70 Significant License Modifications do not require publication of a public notice. The Public Notice of Intent to File must include the following information:
(a)	Name, address, and telephone number of the applicant;
(b)	Citation of the statutes or rules under which the application is being processed;
(c)	Location of the proposed action;
(d)	Summary of the proposed action;
Modifications, and Part 70 Significant License Modifications do not require publication of a public notice. The Public Notice of Intent to File must include the following information:
(a)	Name, address, and telephone number of the applicant;
(b)	Citation of the statutes or rules under which the application is being processed;
(c)	Location of the proposed action;
(d)	Summary of the proposed action;
(e)	Anticipated date for filing the application with the Department;
(f)	A statement that public requests for either of the following must be submitted to the Department in writing no later than 20 days after the application is accepted as complete for processing:
(i)	for the Board of Environmental Protection to assume jurisdiction over the application; or
(ii)	for a public hearing on the application;
(g)	A statement of the name, address, and phone number of the Department contact person;
(h)	A statement providing the local filing location where the application can be examined; and
(i)	Any other information required by rule or law.
NOTE: A Public Notice of Intent to File template is available from the Department.
(2)	An applicant must publish a Public Notice of Intent to File for a resubmitted application that was originally deemed incomplete by the Department.
(3)	After an application has been filed, if the Department determines that the applicant submits significant new or additional information or substantially modifies its application at any time after acceptance of the application as complete, the applicant shall provide additional notice to interested persons who have commented on that application. The Department may also require additional public notice and may extend the time to submit requests for a public hearing or for the Board to assume jurisdiction.
w or additional information or substantially modifies its application at any time after acceptance of the application as complete, the applicant shall provide additional notice to interested persons who have commented on that application. The Department may also require additional public notice and may extend the time to submit requests for a public hearing or for the Board to assume jurisdiction.
(4) At the Department’s discretion, a Public Notice of Intent to File may be published on the Department’s website in lieu of the notice required by Section 2(D)(1). Such electronic notification must contain the same information as is required by Section 2(D)(1).
E.	Application Acceptability and Completeness
(1)	General. Within 15 working days of receipt of any application, the Department will determine the completeness of an application and will notify the applicant in writing of the official date on which the application was accepted as complete for processing; or notify the applicant in writing of the reasons why the application was not accepted as complete. If the Department does not mail notice to the applicant of acceptance or rejection of the application within 15 working days, the application will be deemed accepted as complete for processing on the 16th working day.
(2)	Criteria for Completeness. An application will be deemed complete when all of the relevant information and other data required by the Department to evaluate the application and to allow the Department to begin processing the application are submitted. In addition, for completeness determination the certification by the Responsible Official and proof of publication of the Public Notice of Intent to File must be included as part of the application submittal.
F.	Application Submittal
Applications must be filed with the Bureau of Air Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017 or other address as directed by the Department.
G.	Authority to Request Additional Information
nsible Official and proof of publication of the Public Notice of Intent to File must be included as part of the application submittal.
F.	Application Submittal
Applications must be filed with the Bureau of Air Quality, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017 or other address as directed by the Department.
G.	Authority to Request Additional Information.
The Department's determination that an application is accepted as complete for processing is not a review of the sufficiency of that information and does not preclude the Department from requesting additional information. Additional information needed to process the application may be requested in writing by the Department and shall be provided by the applicant within the deadline specified by the Department.
If the applicant fails to submit the requested information by the deadline specified or as otherwise agreed in writing by the Department, the Department may deny the license. Thirty (30) days prior to having the license denied, the Department shall provide written notice to the applicant including a list of the required information which must be submitted by the specified date in order to prevent the denial. A person may reapply at any time after the license is denied. The reapplication shall meet all requirements of a complete initial license application, including any required license fee.
The applicant must provide additional information as necessary to address any requirement that becomes applicable to the Part 70 source after the date the source filed a complete application, but prior to release of the Part 70 draft license.
H.	Procedures for Timely License Processing and License Denials
(1)	The requirements of 38 M.R.S. § 344 governs the processing of applications under this Chapter. In no case will the processing times be longer than 18 months from the date the renewal application is deemed complete.
70 source after the date the source filed a complete application, but prior to release of the Part 70 draft license.
H.	Procedures for Timely License Processing and License Denials
(1)	The requirements of 38 M.R.S. § 344 governs the processing of applications under this Chapter. In no case will the processing times be longer than 18 months from the date the renewal application is deemed complete.
(2)	Upon the denial of any license, the Department will provide the applicant a written statement of the grounds of the denial.
I.	Permit Shield
(1)	Except as provided in this Chapter, the Department will include in the Part 70 license a provision stating that compliance with the conditions of the Part 70 license will be deemed in compliance with any Applicable requirements and state requirements as of the date of license issuance, provided that:
(a)	Such Applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or
(b)	The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 license includes the determination or a concise summary, thereof.
(2)	Nothing in this section or any Part 70 license alters or affects the following:
(a)	The provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303;
(b)	The liability of an owner or operator of a source for any violation of Applicable requirements prior to or at the time of license issuance; or
ludes the determination or a concise summary, thereof.
(2)	Nothing in this section or any Part 70 license alters or affects the following:
(a)	The provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303;
(b)	The liability of an owner or operator of a source for any violation of Applicable requirements prior to or at the time of license issuance; or
(c)	The ability of EPA to obtain information from a source pursuant to Section 114 of the CAA.
J.	Operational Flexibility
The following changes are allowed without requiring a license amendment:
(1)	Changes that must be addressed by the Part 70 license, are not Title I modifications or modifications or reconstructions under any provision of Section 111 or 112 of the CAA, and do not exceed the emissions allowable under the Part 70 license. These changes may include the following:
(a)	Intrafacility emission trading, as specified in this Chapter;
(b)	Alternative operating scenarios which are specifically identified in the Part 70 license; or
(c)	Operational flexibility provided for in the Part 70 license.
(2)	Off-License Changes. Off-license changes that are not addressed or prohibited in the Part 70 license shall meet all Applicable requirements, shall not violate any existing permit term or condition, and are the following:
(a)	A change at Part 70 source for which the applicant has received written Departmental confirmation that the change does not require a license amendment. The licensee shall keep a record describing the changes made under this section. Department approved changes are not eligible for the permit shield; or
The modification of an insignificant activity that can still be qualified as such after the modification.
K.	Public and Affected States Draft Notification
Except for Part 70 Administrative Revisions, Part 70 Minor License Modifications, Part 70 License Transfers, and Section 502(b)(10) Changes, a public comment period will be held on the Part 70 draft license or draft amendment, as follows:
ld; or
The modification of an insignificant activity that can still be qualified as such after the modification.
K.	Public and Affected States Draft Notification
Except for Part 70 Administrative Revisions, Part 70 Minor License Modifications, Part 70 License Transfers, and Section 502(b)(10) Changes, a public comment period will be held on the Part 70 draft license or draft amendment, as follows:
(1)	The applicant shall provide a copy of the Part 70 draft license or draft amendment and the application for Part 70 license, including any supporting documentation and any subsequent amendments to the application, to the municipal clerk of the municipality where the source is located, or, if the project is in an unorganized area, to the county commissioners. This material will also be available for public review by contacting the Department's Augusta office. This material must be on file for public comment for 30 calendar days.
(2)	The Department will provide a copy of the Part 70 draft license to affected states on or before the date that the Draft Availability Notice is published.
(3)	Draft Availability Notice. A Draft Availability Notice shall be published by the applicant or at the applicant's expense, once in the public notice section of a newspaper of general circulation in the region in which the source would be located. The Draft Availability Notice shall include:
(a)	the name, address, and telephone number of the applicant;
(b)	a citation of the statutes or rules under which the application is being processed;
(c)	the location of the proposed action;
(d)	a summary of the proposed action including the emissions change involved in any proposed license modification;
(e)	a statement of the availability of the application and supporting documents and the Department's preliminary determination in the form of a Part 70 draft license;
(f)	a statement of the public’s right to provide written public comment or to request a public hearing, with the mailing address of the Department;
action including the emissions change involved in any proposed license modification;
(e)	a statement of the availability of the application and supporting documents and the Department's preliminary determination in the form of a Part 70 draft license;
(f)	a statement of the public’s right to provide written public comment or to request a public hearing, with the mailing address of the Department;
(g)	the date, place, and time a public meeting may be held, if requested within 15 calendar days from the date upon which the notice is published. The date the public meeting is scheduled shall be no sooner than 30 calendar days after the date the notice is published; and
(h)	name, address, and phone number of a Department contact from whom interested parties may obtain additional information, including copies of the draft license application and all relevant supporting materials.
NOTE: A Draft Availability Notice template is available from the Department.
(4) At the Department’s discretion, a Draft Availability Notice may be published on the Department’s website in lieu of the notice required by Section 2(K)(3). Such electronic notification must contain the same information as is required by Section 2(K)(3).
(5)	The Department will provide a copy of the notice to all persons on a mailing list developed by the Department who requested to be notified about license actions at the licensed facility and by any other means the Department finds necessary to assure adequate notice to the public.
Section 2(K)(3). Such electronic notification must contain the same information as is required by Section 2(K)(3).
(5)	The Department will provide a copy of the notice to all persons on a mailing list developed by the Department who requested to be notified about license actions at the licensed facility and by any other means the Department finds necessary to assure adequate notice to the public.
(6)	For any Department action subject to this subsection, any person may request in writing that the Department hold a public meeting. The written request shall state the nature of the issues to be raised at a public meeting. If the Department's Augusta office receives a written request for a public meeting within 15 calendar days from the date upon which the notice is published which raises a material issue, a public meeting will be held on the date and time as identified in the public notice. Whenever the Department holds a public meeting, the duration of the public comment period may be extended to the close of the public meeting or extended to a later date announced at the public meeting, at the Department’s discretion.
(7)	The Department will receive comment for at least 30 calendar days, beginning after the day on which the Draft Availability Notice is published or after the last day on which all of the persons in this section are mailed notice, whichever is later.
(8)	The Department will consider and keep records of all analyses and all written comments received during the public comment period and all comments received at any public meeting or public hearing in making a final decision on the approvability of the Part 70 draft license.
(9)	The Department will notify any affected state and EPA, in writing, of any refusal to incorporate into the Part 70 draft license any recommendations that the affected state submitted during the affected state review period. This notice shall include the Department's reasons for not accepting any such recommendations.
in making a final decision on the approvability of the Part 70 draft license.
(9)	The Department will notify any affected state and EPA, in writing, of any refusal to incorporate into the Part 70 draft license any recommendations that the affected state submitted during the affected state review period. This notice shall include the Department's reasons for not accepting any such recommendations.
(10)	The Department will provide a statement that sets forth the legal and factual basis for the Part 70 draft license conditions including references to the applicable statutory or regulatory provisions. The Department will send this statement to any person who requests it.
L.	EPA Comment Period
(1)	Except for Part 70 License Transfers, Section 502(b)(10) Changes and Part 70 Administrative Revisions, the Department will provide a copy of the Part 70 draft proposed license and any additional supporting documentation to EPA for a 45-day review period. The Department will also provide to EPA a statement that sets forth the legal and factual basis for the Part 70 draft proposed license conditions including references to the applicable statutory or regulatory provisions.
(2)	Upon receipt of a Part 70 draft proposed license or at the time of the Department’s explanation for any refusal to accept affected state's comments, whichever is later, if EPA determines the Part 70 draft proposed license is not in compliance with any Applicable requirement or with 40 C.F.R. Part 70, including 40 C.F.R. § 70.8(c)(3), the EPA has 45 days to object in writing to the issuance of the Part 70 draft proposed license by the Department.
If EPA submits an objection to the Department, the Part 70 draft proposed license will not be issued by the Department. The objection shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the Part 70 license must include to respond to the objection. EPA shall send the applicant a copy of the objection pursuant to 40 C.F.R. Part 70.8(c)(2)
If EPA submits an objection to the Department, the Part 70 draft proposed license will not be issued by the Department. The objection shall include a statement of the EPA's reasons for objection and a description of the terms and conditions that the Part 70 license must include to respond to the objection. EPA shall send the applicant a copy of the objection pursuant to 40 C.F.R. Part 70.8(c)(2). The Department will have 90 days to revise the Part 70 draft proposed license.
(3)	If the Department fails to revise and submit a Part 70 draft proposed license within 90 days after the date of an objection under this subsection in response to the objection, the EPA will issue or deny the Part 70 license in accordance with the requirements of the federal operating permit program promulgated under Title V of the CAA.
M.	Public Petition to the EPA
(1)	General. If the EPA does not object in writing within 45 days of receipt of the Part 70 draft proposed license and supplementary information, any person, including the applicant may petition the EPA in writing within 60calendar days after the expiration of the 45-day review period to make an objection.
Any petition shall be based only on objections that were raised with reasonable specificity during the public comment period provided in subsection 2(K) of this Chapter, unless the petitioner demonstrates to the EPA that raising such objections within the public comment period was impractical or that the grounds for objection arose after the public comment period.
(2)	Procedures. If the EPA objects to the Part 70 license after the EPA's 45-day review period as a result of a public petition pursuant to this subsection, the following procedures apply:
(a)	The petitioner must identify in writing all objections in the public petition;
(b)	The petitioner must provide a copy of the public petition to the Department and to the applicant; and
public comment period.
(2)	Procedures. If the EPA objects to the Part 70 license after the EPA's 45-day review period as a result of a public petition pursuant to this subsection, the following procedures apply:
(a)	The petitioner must identify in writing all objections in the public petition;
(b)	The petitioner must provide a copy of the public petition to the Department and to the applicant; and
(c)	If the Part 70 license was not issued, the Department will not issue the Part 70 draft proposed license until the EPA's objection resulting from the public petition is resolved; or, if the Part 70 license was issued after the end of the 45-day EPA review period but prior to the subsequent EPA objection, the following provisions apply:
(i)	The public petition does not halt the effectiveness of the Part 70 license or its terms and conditions; and
(ii)	The EPA will amend, terminate, or revoke the Part 70 license for cause as prescribed by subsection 2(O) of this Chapter, and the Department may thereafter issue a Part 70 license pursuant to subsection 2(N) of this Chapter, that satisfies the EPA's objection. In any case, the owner or operator of the Part 70 source will not be in violation of the requirement to have submitted a timely and complete application.
(3)	Appeals. The public petition to EPA does not affect the terms and conditions of a Part 70 license issued by the Department, or the finality of the Department's action for purposes of an appeal under the Maine Administrative Procedure Act, 5 M.R.S. §§ 11001–11008.
N.	Reopening of a Part 70 License for Cause by the Department
(1)	The Department will have the authority to reopen and amend, terminate, or revoke for cause and to reissue the Part 70 license as a renewal of a Part 70 license for reasons as stated in subsection 3(E)(7)(a)(vii) of this Chapter.
s action for purposes of an appeal under the Maine Administrative Procedure Act, 5 M.R.S. §§ 11001–11008.
N.	Reopening of a Part 70 License for Cause by the Department
(1)	The Department will have the authority to reopen and amend, terminate, or revoke for cause and to reissue the Part 70 license as a renewal of a Part 70 license for reasons as stated in subsection 3(E)(7)(a)(vii) of this Chapter.
(2)	A reopening will not be initiated by the Department before a written notice of such intent is provided to the owner or operator of the Part 70 source and to any person who submitted written comments on the license application at least 30 calendar days in advance of the date that the Part 70 license is to be reopened, or within 10 calendar days if necessary to protect public health, safety, and welfare.
(3)	The procedures to reopen for cause of a Part 70 license and to reissue the Part 70 license will comply with the same requirements as they apply to the renewal of a Part 70 license, pertain only to those parts of the Part 70 license for which cause to reopen exists, and will proceed as expeditiously as practicable.
O.	Reopening of a Part 70 License for Cause by EPA
(1)	If EPA finds that cause exists to terminate, amend, or revoke and reissue a Part 70 license for reasons as stated in subsection 3(E)(7)(a)(vii) of this Chapter, EPA will notify the Department and the licensee of such findings in writing.
(2)	Within 90 days of EPA's written notification, the Department will send EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. In the event additional information is needed from the licensee, the Department may request from EPA a 90-day extension to resolve the EPA objection.
(3)	EPA will review the proposed determination from the Department within 90 days of receipt.
PA's written notification, the Department will send EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. In the event additional information is needed from the licensee, the Department may request from EPA a 90-day extension to resolve the EPA objection.
(3)	EPA will review the proposed determination from the Department within 90 days of receipt.
(4)	The Department will have 90 days from the receipt of EPA's notification of objection to resolve the objection that EPA makes and to terminate, amend, or revoke and reissue the Part 70 license as prescribed by subsection 2(N) of this Chapter.
(5)	If the Department fails to resolve the objection, EPA will revise, terminate, or revoke the Part 70 license, after taking the following actions:
(a)	Providing at least 30 days’ notice to the licensee in writing of the reasons for any such action. This notice may be given during or after the procedures in 1 and 2 of this section.
(b)	Providing the licensee an opportunity for comment on EPA's proposed action and an opportunity for a hearing.
P.	Transmittal of the Part 70 License and Amendments to the EPA
The Department will submit to the EPA a copy of all Part 70 licenses, license transfers, 502(b)(10) changes, administrative revisions, and amendments upon issuance.
Q.	Effective Date of a Part 70 License
Unless otherwise indicated as a condition of the Part 70 license, a Part 70 license granted by the Department is effective when the Commissioner or the Commissioner’s designee signs the Part 70 license. A Part 70 license granted by the Board of Environmental Protection is effective when the BEP chair signs the license.
R.	Term of a Part 70 License
Each renewal of a Part 70 license or initial Part 70 license issued by the Department has a term of five years from the date of issuance.
S
ed by the Department is effective when the Commissioner or the Commissioner’s designee signs the Part 70 license. A Part 70 license granted by the Board of Environmental Protection is effective when the BEP chair signs the license.
R.	Term of a Part 70 License
Each renewal of a Part 70 license or initial Part 70 license issued by the Department has a term of five years from the date of issuance.
S.	Expiration of a Part 70 License
If a complete renewal application as determined by the Department, is submitted at least six months but no more than 18 months prior to expiration, then pursuant to 5 M.R.S. § 10002, the license does not expire and all terms and conditions of the Part 70 license remain in effect until the Department takes final action on the renewal of the Part 70 license. Licenses in effect under this provision may also be modified prior to a renewal issuance. The provisions of this subsection do not bar enforcement action pursuant to 5 M.R.S. § 10004, 38 M.R.S. § 349 or any other applicable statutes.
An existing source submitting a timely and complete renewal application under this Chapter will not be in violation of operating without a Part 70 license.
Failure to submit a timely and complete renewal application renders the license expired and the owner or operator is considered to be operating and maintaining an air contamination source without a Part 70 license from the Department, in violation of this Chapter.
T.	Source Obligation
Approval to construct a new source or modification, or an exemption pursuant to subsection 1(D) of this Chapter does not relieve any owner or operator of a source from the responsibility to comply fully with any Applicable requirements and state requirements.
U.	Public Access to Information and Confidentiality
As a general rule, all information and data submitted in an application for a Part 70 license is available upon request for public inspection and copying. Any exception to this general rule will be governed by the provisions of the Freedom of Access Law, 1 M.R.S
sponsibility to comply fully with any Applicable requirements and state requirements.
U.	Public Access to Information and Confidentiality
As a general rule, all information and data submitted in an application for a Part 70 license is available upon request for public inspection and copying. Any exception to this general rule will be governed by the provisions of the Freedom of Access Law, 1 M.R.S. § 401 et seq., as amended. Information for which the applicant seeks confidential status shall be conspicuously identified in a separate document and submitted to the Department for a determination that one or more of the criteria of 1 M.R.S. § 402(3) with respect to the exemptions from the term "public records" was met. Such information will be stored separately in accordance with procedures developed by the Department. Public records include, but are not limited to, the following:
(1)	Information concerning the nature and extent of the emissions of any air contaminant 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.
In the case where a source has submitted information to the Department under a claim of confidentiality, the Department may also require the source to submit a copy of such information directly to EPA.
The contents of a Part 70 license shall not be treated as confidential.
At reasonable times and location, the Department will provide for the inspection of public records. Charges for copying will reflect the costs to the Department, and payment shall be made to the Maine Environmental Protection Fund.
V
Department may also require the source to submit a copy of such information directly to EPA.
The contents of a Part 70 license shall not be treated as confidential.
At reasonable times and location, the Department will provide for the inspection of public records. Charges for copying will reflect the costs to the Department, and payment shall be made to the Maine Environmental Protection Fund.
V.	Inspections to Verify Information
Employees and authorized representatives of the Department shall be allowed safe access to the licensee's 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.
W.	Replacement of Air Pollution Control Systems
If a licensee is proposing to replace an existing air pollution control system, including the replacement of burner systems, the licensee must obtain a license amendment pursuant to 06-096 C.M.R. ch. 115.
X.	Licensing of HAP Sources
Pursuant to 38 M.R.S. § 585-B, the Department may control HAP emissions by adopting emission limits, design, equipment, work practices, or operational standards for activities emitting hazardous air pollutants if no ambient air quality standards have been established for those pollutants.
Y.	Modifications of Part 70 HAP Sources
Sources applying for a new Part 70 HAP source, a modification or reconstruction of a Part 70 HAP source which is not currently subject to a HAP emission limitation, and which sources are not Part 70 major sources, will be reviewed only under the New Source Review section of 06-096 C.M.R. ch. 115.
Z.	Computation of Time Period
"Days" are calendar days unless otherwise designated. "Working days" excludes Saturdays, Sundays, holidays observed by the State of Maine, and any other day State of Maine offices are closed for business
ect to a HAP emission limitation, and which sources are not Part 70 major sources, will be reviewed only under the New Source Review section of 06-096 C.M.R. ch. 115.
Z.	Computation of Time Period
"Days" are calendar days unless otherwise designated. "Working days" excludes Saturdays, Sundays, holidays observed by the State of Maine, and any other day State of Maine offices are closed for business. In computing any period of time prescribed or allowed by this Chapter, the day of the act or event that starts the period is not included. The last day of the period so computed is included unless it is not a working day or the office at which the filing must be made is closed for business for that day, in which event the period runs until the close of business (5:00 p.m.) the next full working day. Whenever a person has the right or is required to take some action within a prescribed period of time after filing of notice or other paper and the notice or paper is provided by U.S. mail, three (3) days will be added to the prescribed period. This “3-day rule” does not affect any date-certain deadline established by the Department.
3.	Renewal of a Part 70 License and the Initial Part 70 Licenses
A.	Applicability. The following procedures shall be used for sources applying for an initial Part 70 license and for the renewal of a Part 70 license or a lapsed Part 70 license.
B.	Schedule
(1)	If the applicant is applying for a renewal of a Part 70 license, an application must be submitted at least six months, but no earlier than 18 months prior to the date of expiration of the Part 70 license.
(2)	If the applicant is applying for an initial Part 70 license, an application must be submitted within one year of commencing operations as provided in 40 C.F.R. Part 70.5.
C.	Application Notification
(1)	The applicant shall give public Notice of Intent to File as stated in subsection 2(D) of this Chapter.
ths, but no earlier than 18 months prior to the date of expiration of the Part 70 license.
(2)	If the applicant is applying for an initial Part 70 license, an application must be submitted within one year of commencing operations as provided in 40 C.F.R. Part 70.5.
C.	Application Notification
(1)	The applicant shall give public Notice of Intent to File as stated in subsection 2(D) of this Chapter.
(2)	A copy of the application shall be submitted by the source to EPA Region I.
D.	Required Application Information
For an initial Part 70 license and a renewal of a Part 70 license, the applicant shall submit to the Department the information listed below:
(1)	For an initial Part 70 license the application form and information as specified in subsection 2(B) of this Chapter containing all required information;
(2)	For a renewal of a Part 70 license, the application forms and information as specified in subsection 2(B) of this Chapter containing all required information and, if applicable, the current compliance assurance monitoring (CAM) plan;
(3)	A Best Practical Treatment analysis as described below:
(a)	Best Practical Treatment (BPT). Emissions from sources undergoing renewal of a Part 70 license or the issuance of the initial Part 70 license are deemed to be receiving best practical treatment if those emissions are being controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, or an acceptable BPT analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries.
For emissions from existing sources controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, the applicant shall submit a summary of the pollution control apparatus for those emission sources
g controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries.
For emissions from existing sources controlled by pollution control apparatus which was installed less than 15 years prior to the date of license application approval, the applicant shall submit a summary of the pollution control apparatus for those emission sources.
If the pollution control apparatus has been installed 15 years or more from the date of license application approval, the applicant must demonstrate that each emissions unit is receiving BPT, and such demonstration shall consider the emission limit for which the air pollution control system was designed, the emission limitations adopted by the Department and in effect at the time of submission of an application for renewal, as well as the reliability, age, and life expectancy of the air pollution control system.
BPT shall not require the use of a lower sulfur content unless a lower sulfur fuel is required to comply with the applicable emissions standards or applicable ambient air quality standards.
BPT shall not force replacement of existing air pollution control equipment on the basis that more efficient or reliable air pollution control equipment is available at the time of renewal. However, BPT may require replacement with more efficient or reliable air pollution control equipment under the following conditions:
(i)	The applicant is proposing replacement of the existing air pollution control equipment;
(ii)	Any emissions unit violates the applicable emission limitation;
(iii)	Additional reductions are necessary to achieve or maintain ambient air quality standards;
(iv)	The Department determines that previously uncontrolled emissions should be controlled in order to prevent an unreasonable risk to the environment or public health;
osing replacement of the existing air pollution control equipment;
(ii)	Any emissions unit violates the applicable emission limitation;
(iii)	Additional reductions are necessary to achieve or maintain ambient air quality standards;
(iv)	The Department determines that previously uncontrolled emissions should be controlled in order to prevent an unreasonable risk to the environment or public health;
(v)	The Department determines that previously controlled emissions should be controlled to a greater efficiency considering the toxicity of air contaminants; or
(vi)	Additional reductions are necessary to restore ambient increment even if that ambient increment was previously authorized to the owner or operator of an existing source.
BPT may require the use of additional instrumentation, operating practices, automated process controls, upgrading of component parts, emissions testing, requirements for continuous emission monitors, maintenance programs for air pollution control equipment, or recordkeeping to demonstrate performance of air pollution control systems or other mitigating measures.
(4)	Reasonably Available Control Technology (RACT). The applicant for an existing source located in, or whose emissions of a federal nonattainment pollutant result in a significant impact to any federal nonattainment area shall include a summary of the conditions the source complies with to meet RACT requirements.
(5)	Best Available Retrofit Technology (BART). An existing source with emissions that the Department has determined to cause adverse impact on visibility in any Class I area or any integral vista for that Class I area shall demonstrate that each emissions unit contributing to the adverse impact on visibility will receive BART as expeditiously as practicable, but no later than five years after the Department identifies BART.
Technology (BART). An existing source with emissions that the Department has determined to cause adverse impact on visibility in any Class I area or any integral vista for that Class I area shall demonstrate that each emissions unit contributing to the adverse impact on visibility will receive BART as expeditiously as practicable, but no later than five years after the Department identifies BART.
(6)	Hazardous Air Pollutants (HAPs). If an existing source is subject to a newly applicable HAP emission limitation, the application shall be submitted according to the schedule in subsection 6(B) and shall contain the HAP information as required by Section 6 of this Chapter.
(7)	Ambient Air Quality Impact Analysis. If required by the Department pursuant to this Chapter, the applicant shall submit the results of any ambient air quality impact analyses, including an analysis of the impacts to Air Quality Related Values and impact on visibility if the Department determines that the source may affect ambient increments or Air Quality Related Values in any Class I area or integral vista to that Class I area. The analysis shall be performed pursuant to this Chapter. This analysis shall not be used in the completeness determination of the application.
(8)	The certification of the responsible official pursuant to subsection 2(C) of this Chapter and proof of publication of the Public Notice of Intent to File pursuant to subsection 2(D) of this Chapter.
(9) A list all section 502(b)(10) changes that occurred during the term of the previous license.
E.	License Content
The following elements shall be included in the Part 70 license:
(1)	Emission Limitations and Standards. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all Applicable requirements and state requirements at the time of the Part 70 license issuance.
(a)	The Part 70 license shall:
erm of the previous license.
E.	License Content
The following elements shall be included in the Part 70 license:
(1)	Emission Limitations and Standards. Emission limitations and standards, including those operational requirements and limitations that assure compliance with all Applicable requirements and state requirements at the time of the Part 70 license issuance.
(a)	The Part 70 license shall:
(i)	For Part 70 major sources, include all Applicable requirements for all relevant emissions units at the Part 70 major source.
(ii)	For any nonmajor source subject to this Chapter under Section 1, include all Applicable requirements applicable to emissions units that cause the source to be a Part 70 source.
(b)	The Part 70 license shall specify and reference the origin of and authority for each term or condition pertaining to all Applicable requirements and identify any difference in form as compared to the Applicable requirement upon which the term or condition is based.
(c)	Any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements shall be specifically designated as state enforceable.
(d)	If an applicable implementation plan allows a determination of an alternative emission limit at a Part 70 source, equivalent to that contained in the plan, which is to be made in the Part 70 license issuance, renewal, or amendment process, and the Department elects to use such process, any Part 70 license containing such equivalency determination will contain provisions to ensure that any resulting emission limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
(e)	Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Department. Such terms and conditions:
t 70 license containing such equivalency determination will contain provisions to ensure that any resulting emission limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.
(e)	Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Department. Such terms and conditions:
(i)	Will require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the licensed facility a record of the scenario under which it is operating;
(ii)	May extend the permit shield described in subsection 2(I) of this Chapter to all terms and conditions pertaining to Applicable requirements under each such operating scenario; and
(iii)	Must ensure that the terms and conditions of each such alternative scenario meet all Applicable requirements and state requirements and the requirements of this Chapter.
(f)	Terms and conditions, if the applicant requests them, for the trading of emissions increases and decreases in the licensed facility, to the extent that the Applicable requirements provide for trading such increases and decreases without a case-by-case approval of each emissions trade. Such terms and conditions:
(i)	Will include all terms required to determine compliance;
(ii)	May extend the permit shield described in subsection 2(I) of this Chapter to all terms and conditions pertaining to Applicable requirements that allow such increases and decreases in emissions; and
(iii)	Must meet all Applicable requirements, state requirements, and requirements of this Chapter.
(2)	Compliance Assurance Requirements
(a)	Monitoring Requirements
equired to determine compliance;
(ii)	May extend the permit shield described in subsection 2(I) of this Chapter to all terms and conditions pertaining to Applicable requirements that allow such increases and decreases in emissions; and
(iii)	Must meet all Applicable requirements, state requirements, and requirements of this Chapter.
(2)	Compliance Assurance Requirements
(a)	Monitoring Requirements
(i)	All emissions monitoring and analysis procedures or test methods required under the Applicable requirements and state requirements. This includes any procedures and methods promulgated pursuant to CAA Section 114(a)(3) pertaining to the enhanced monitoring and compliance certification requirements or CAA Section 504(b) pertaining to the monitoring and analysis provisions;
(ii)	Where the Applicable requirement or state requirement does not require periodic testing or instrumental or non-instrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the Part 70 license.
Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the Applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this paragraph (subsection 3(E)(2)); and
(iii)	As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.
(b)	Recordkeeping Requirements. The Part 70 license shall incorporate applicable recordkeeping requirements and require, where applicable, the following records of required monitoring information:
(i)	The date, place as defined in the Part 70 license, and time of sampling or measurements;
(ii)	The date(s) analyses were performed;
(iii)	The company or entity that performed the analyses;
(iv)	The analytical techniques or methods used;
Part 70 license shall incorporate applicable recordkeeping requirements and require, where applicable, the following records of required monitoring information:
(i)	The date, place as defined in the Part 70 license, and time of sampling or measurements;
(ii)	The date(s) analyses were performed;
(iii)	The company or entity that performed the analyses;
(iv)	The analytical techniques or methods used;
(v)	The results of such analyses; and
(vi)	The operating conditions as existing at the time of sampling or measurement.
(c)	Reporting Requirements. The Part 70 license shall incorporate applicable reporting requirements, including the submittal at least once every six months of summary reports of any required periodic monitoring in the semiannual reports. The semiannual reports must indicate all instances of deviations from license requirements.
(d)	Compliance Requirements
(i)	Compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the Part 70 license. Any document (including reports) required by a Part 70 license shall contain a certification by a responsible official.
(ii)	For Part 70 sources out of compliance at time of issuance of the Part 70 license, a schedule of compliance consistent with subsection 2(B)(11) of this Chapter;
(iii)	Progress reports consistent with an applicable schedule of compliance and § 2(B)(11) of this Chapter to be submitted at least every six months, or at a more frequent period if specified in the Applicable requirement or by the Department. Such progress reports shall contain the following:
(a)	Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and
nd § 2(B)(11) of this Chapter to be submitted at least every six months, or at a more frequent period if specified in the Applicable requirement or by the Department. Such progress reports shall contain the following:
(a)	Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and
(b)	An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted;
(iv)	Requirements for compliance certification with terms and conditions contained in the Part 70 license, including emission limitations, standards, or work practices and such additional requirements as may be specified pursuant to CAA Sections 114(a)(3) and 504(b).
(3)	Part 70 licenses for temporary sources shall include conditions that will assure compliance with all Applicable requirements and state requirements at all authorized locations, the requirements of this Chapter and the requirement that the owner or operator notify the Department at least 10 days in advance of each change in location.
(4)	Permit Shield. The permit shield as specified in subsection 2(I) of this Chapter applies to the terms and conditions of the Part 70 license, except where the Part 70 license expressly identifies those terms and conditions pertaining to Applicable and state requirements which do not have a permit shield. In addition, the Part 70 license will include the Department's determination or a concise summary thereof for other Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source.
(5)	HAPs. If an existing source is subject to a HAP emission limitation, the Part 70 license will contain the applicable requirements of the HAP emission limitation as specified in subsection 6(E) of this Chapter in addition to the relevant requirements of subsection 3(E).
ther Applicable and state requirements specifically identified by the applicant as being not applicable to the Part 70 source.
(5)	HAPs. If an existing source is subject to a HAP emission limitation, the Part 70 license will contain the applicable requirements of the HAP emission limitation as specified in subsection 6(E) of this Chapter in addition to the relevant requirements of subsection 3(E).
(6)	Ambient Air Quality Impact Analysis. The Part 70 license will include a section summarizing any required ambient air quality impact analysis.
(7)	Standard Statements and Conditions. All Part 70 licenses will include the following standard statements and conditions:
(a)	Standard Statements
(i)	The Part 70 license does not convey any property rights of any sort, or any exclusive privilege.
(ii)	All terms and conditions are enforceable by EPA and citizens under the CAA unless specifically designated as state enforceable.
(iii)	The licensee may not use as a defense in an enforcement action that the disruption, cessation, or reduction of licensed operations would have been necessary in order to maintain compliance with the conditions of the air emission license.
(iv)	Notwithstanding any other provision 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, rule, regulation, or Part 70 license requirement.
(v)	Compliance with the conditions of this Part 70 license will be deemed compliance with any applicable requirement as of the date of license issuance and is deemed a permit shield, provided that:
(a)	Such applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or
he conditions of this Part 70 license will be deemed compliance with any applicable requirement as of the date of license issuance and is deemed a permit shield, provided that:
(a)	Such applicable and state requirements are included and are specifically identified in the Part 70 license, except where the Part 70 license term or condition is specifically identified as not having a permit shield; or
(b)	The Department, in acting on the Part 70 license application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the Part 70 license includes the determination or a concise summary thereof.
Nothing in this section or any Part 70 license alters or affects the provisions of Section 303 of the CAA (emergency orders), including the authority of EPA under Section 303; the liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance; or the ability of EPA to obtain information from a source pursuant to Section 114 of the CAA.
(vi)The Part 70 license shall be reopened for cause by the Department or EPA, prior to the expiration of the Part 70 license, if:
(a)	Additional applicable requirements under the CAA become applicable to a Part 70 major source with a remaining Part 70 license term of three or more years. However, no reopening is required if the effective date of the requirement is later than the date on which the Part 70 license is due to expire, unless the original Part 70 license or any of its terms and conditions has been extended pursuant to 06-096 C.M.R. ch. 140;
(b)	Additional requirements (including excess emissions requirements) become applicable to a Title IV source under the acid rain program. Upon approval by EPA, excess emissions offset plans will be deemed to be incorporated into the Part 70 license;
license is due to expire, unless the original Part 70 license or any of its terms and conditions has been extended pursuant to 06-096 C.M.R. ch. 140;
(b)	Additional requirements (including excess emissions requirements) become applicable to a Title IV source under the acid rain program. Upon approval by EPA, excess emissions offset plans will be deemed to be incorporated into the Part 70 license;
(c)	The Department or EPA determines that the Part 70 license contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the Part 70 license; or
(d)	The Department or EPA determines that the Part 70 license must be revised or revoked to assure compliance with the applicable requirements.
The licensee shall furnish to the Department within a reasonable time any information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the Part 70 license or to determine compliance with the Part 70 license.
(vii)No license revision or amendment is required under any approved economic incentives, marketable licenses, emissions trading ,and other similar programs or processes for changes that are provided for in the Part 70 license.
(b)	Standard Conditions
(i)	Employees and authorized representatives of the Department shall be allowed safe access to the licensee's 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 and this license;
(ii)	The licensee shall acquire a new or amended air emission license pursuant to 06-096 C.M.R. ch. 115 prior to commencing construction of a modification, unless specifically provided for in this Chapter or 06-096 C.M.R. ch. 115.
deems necessary for the purpose of performing tests, collecting samples, conducting inspections, or examining and copying records relating to emissions and this license;
(ii)	The licensee shall acquire a new or amended air emission license pursuant to 06-096 C.M.R. ch. 115 prior to commencing construction of a modification, unless specifically provided for in this Chapter or 06-096 C.M.R. ch. 115.
(iii)	The licensee 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.
(iv)	The licensee shall pay the annual air emission license fee to the Department, calculated pursuant to 38 M.R.S. § 353.
(v)	The licensee shall maintain and operate all emissions units, air pollution controls, and monitoring systems required by the air emission license in a manner consistent with good air pollution control practice for minimizing emissions.
(vi)	The licensee shall maintain sufficient records to accurately document compliance with emission standards and license conditions and shall maintain such records for a minimum of six years. In addition, the licensee shall retain records of all required monitoring data and support information for a period of at least six years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the Part 70 license. The records shall be submitted to the Department upon written request or in accordance with other provisions of this license.
of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the Part 70 license. The records shall be submitted to the Department upon written request or in accordance with other provisions of this license.
(vii)The licensee shall comply with all terms and conditions of the air emission license. The submission of notice of intent to reopen for cause by the Department, the filing of an appeal, the notification of planned changes or anticipated noncompliance by the licensee, or the filing of an application by the licensee for the renewal of a Part 70 license or amendment does not stay any condition of the Part 70 license.
(viii)In accordance with the Department's Performance Testing Guidance and 40 C.F.R. Part 60 or other method approved or required by the Department, the licensee shall:
Submit to the Department for approval a test protocol at least 30 calendar days prior to the scheduled date of the emissions test, unless the Department agrees to a shorter submission timeframe;
(b)	Perform emissions testing under circumstances representative of the facility's normal process and operating conditions:
(i)	within 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;
(ii)	to demonstrate compliance with the applicable emission standards; or
(iii)	pursuant to any other requirement of this license to perform emissions testing.
(c)Install or make provisions to install test ports that meet the criteria of 40 C.F.R. Part 60, Appendix A, and test platforms, if necessary, and other accommodations necessary to allow emissions testing; and
andards or license conditions;
(ii)	to demonstrate compliance with the applicable emission standards; or
(iii)	pursuant to any other requirement of this license to perform emissions testing.
(c)Install or make provisions to install test ports that meet the criteria of 40 C.F.R. Part 60, Appendix A, and test platforms, if necessary, and other accommodations necessary to allow emissions testing; and
(d)	Submit a written report to the Department within 30 days from date of test completion, unless an extension is granted by the Department.
(ix)	If the results of an emissions test performed under circumstances representative of the facility's normal process and operating conditions indicates emissions in excess of the applicable standards, then:
(a)	Within 30 days following receipt of such test results, the licensee 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 C.F.R. Part 60 or other method approved or required by the Department;
(b)	The days of violation will be presumed to include the date of the emissions 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 licensee may, upon the approval of the Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis until a demonstration of compliance under normal and representative process and operating conditions is completed.
violation occurred or that the violation was not continuing in nature; and
(c)	The licensee may, upon the approval of the Department following the successful demonstration of compliance at alternative load conditions, operate under such alternative load conditions on an interim basis until a demonstration of compliance under normal and representative process and operating conditions is completed.
(x)	The licensee shall maintain records of all deviations from license requirements. Such deviations shall include, but are not limited to, malfunctions, failures, downtime, and any other similar change in operation of air pollution control systems or the emissions unit itself that is not consistent with the terms and conditions of the air emission license.
(a)	The licensee shall notify the Department within 48 hours of a violation of any emission standard or a malfunction or breakdown in any component part that causes a violation of any emission standard, and shall report the probable cause, corrective action, and any excess emissions in the units of the applicable emission limitation;
The licensee shall submit a report to the Department on a quarterly basis describing all violations of any emission standard.
Pursuant to 38 M.R.S. § 349(9), the Commissioner may exempt from civil penalty an air emission in excess of license limitations if the emission occurs during start-up or shutdown or results exclusively from an unavoidable malfunction entirely beyond the control of the licensee and the licensee has taken all reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design, or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption under this subsection
ll reasonable steps to minimize or prevent any emission and takes corrective action as soon as possible. There may be no exemption if the malfunction is caused, entirely or in part, by poor maintenance, careless operation, poor design, or any other reasonably preventable condition or preventable equipment breakdown. The burden of proof is on the licensee seeking the exemption under this subsection.
Note: Exemptions from civil penalty granted under this statutory authority do not prevent other parties, including EPA and citizens, from pursuing actions allowed under the Clean Air Act, including pursuing civil actions for the same violations.
(c)	All other deviations from permit requirements shall be reported to the Department in the facility’s semiannual report.
(xi)	Upon the written request of the Department, the licensee 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 manner as the Department shall prescribe); and provide other information as the Department may reasonably require to determine the licensee's compliance status.
(xii) The licensee shall submit semiannual reports of any required periodic monitoring by January 31 and July 31 of each year, or on an equivalent schedule specified in the license. All instances of deviations from Part 70 license requirements must be clearly identified in such reports. All required reports must be certified by a responsible official.
(xiii)The licensee shall submit a compliance certification to the Department and EPA annually by January 31 of each year, or more frequently if specified in the Applicable requirement or by the Department. The compliance certification shall include the following:
(a)	The identification of each term or condition of the Part 70 license that is the basis of the certification;
(b)	The compliance status;
(c)	Whether compliance was continuous or intermittent;
n to the Department and EPA annually by January 31 of each year, or more frequently if specified in the Applicable requirement or by the Department. The compliance certification shall include the following:
(a)	The identification of each term or condition of the Part 70 license that is the basis of the certification;
(b)	The compliance status;
(c)	Whether compliance was continuous or intermittent;
(d)	The method(s), specified in the source’s license and information not specifically required by the license, used for determining the compliance status of the source, currently and over the reporting period; and
(e)	Such other facts as the Department may require to determine the compliance status of the source.
F.	Criteria for License Approval
The Department will grant the Part 70 license, if the following criteria are met:
(1)	The Department has received a complete application for a Part 70 license pursuant to this Chapter.
(2)	The emissions will receive BPT, including, but not limited to, the requirements specified in subsection 3(D)(3) of this Chapter.
(3)	The emissions will not violate state standards adopted by the Department pursuant to 38 M.R.S. § 585 or can be controlled so as not to violate the same.
(4)	The emissions either alone or in conjunction with existing emissions will not violate or can be controlled so as not to violate ambient air quality standards including, but not limited to, ambient increments as adopted by the Department pursuant to 38 M.R.S. § 584; or, for those sources locating within or significantly impacting a federal nonattainment area, the impact to ambient air quality standards is consistent with any plan demonstrating Reasonable Further Progress as defined in Section 171 of the CAA.
(5)	If the source is subject to a HAP emission limitation, the source has met the criteria as specified in subsection 6(F) of this Chapter.
M.R.S. § 584; or, for those sources locating within or significantly impacting a federal nonattainment area, the impact to ambient air quality standards is consistent with any plan demonstrating Reasonable Further Progress as defined in Section 171 of the CAA.
(5)	If the source is subject to a HAP emission limitation, the source has met the criteria as specified in subsection 6(F) of this Chapter.
(6)	If the Department determines that the emissions from an existing source are reasonably attributable to the adverse impact on Air Quality Related Values in any Class I area, BART, as specified in subsection 3(D)(5) of this Chapter, will apply to the pertinent emissions.
(7)	The conditions of the Part 70 license provide for compliance with all Applicable requirements, state requirements and the relevant requirements of this Chapter.
(8)	The Part 70 license will specifically designate as state-enforceable any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.
(9)	Public participation and affected states and EPA notification and review procedures for issuance of a Part 70 license pursuant to subsections 3(C) and 3(G) of this Chapter have been complied with.
(10) All control technology requirements, including, but not limited to, BPT, BACT, RACT, MACT, LAER, and other operating limitations, imposed in the air emission license will be met.
(11) If the applicant proposes to change the emission limit upon which an air quality impact analysis was based, the applicant may be required to provide a new ambient air quality impact analysis for the new emission limit.
l control technology requirements, including, but not limited to, BPT, BACT, RACT, MACT, LAER, and other operating limitations, imposed in the air emission license will be met.
(11) If the applicant proposes to change the emission limit upon which an air quality impact analysis was based, the applicant may be required to provide a new ambient air quality impact analysis for the new emission limit.
(12) If an air emission license renewal can be granted only if the licensee installs additional emissions controls or other mitigating measures, then the licensee may continue to emit pollutants from emission sources that will receive these controls or measures up to the same level allowed in its existing license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than 24 months after the Department issues the license renewal, except as provided in this subsection. After a showing by the licensee that it cannot install and bring to full operation the required emission controls or mitigating measures within the 24 month period, the Department may establish a later date for the installation and operation. No such compliance schedule will excuse any violation of an Applicable requirement. This provision is limited to state-only requirements.
G.	Draft Notification
(1)	A comment period of 30 days will be provided for the public and affected states on the Part 70 draft license, as described in subsection 2(K) of this Chapter.
the Department may establish a later date for the installation and operation. No such compliance schedule will excuse any violation of an Applicable requirement. This provision is limited to state-only requirements.
G.	Draft Notification
(1)	A comment period of 30 days will be provided for the public and affected states on the Part 70 draft license, as described in subsection 2(K) of this Chapter.
(2)	EPA will have a review period of 45 days on the Part 70 draft/proposed license as described in subsection 2(L) of this Chapter. This period may run concurrently with the comment period in subsection 3(G)(1) above unless the Department receives comments from the public or affected states that lead the Department to make substantive changes to the draft/proposed license. In such case, the 45-day review period for EPA resets and begins anew upon resubmittal of the proposed license.
4.	Part 70 Acid Rain Sources
This Chapter adopts and incorporates by reference the provisions of 40 C.F.R. Part 72, as in effect on January 11, 1993, and as amended March 23, 1993, and October 24, 1997, for purposes of implementing an acid rain program that meets the requirements of Title IV of the CAA. In the event the provisions or requirements of 40 C.F.R. Part 72 conflict with or are not included in this Chapter, the Part 72 provisions and requirements apply and take precedence. For the purposes of this section, the term "permitting authority" means the Department, and the term "Administrator" means the Administrator of the EPA.
Note: Copies of Federal regulations incorporated by reference are available on the eCFR website at: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C.
A.	Schedule
Submittal of permit applications and the permitting of affected sources shall occur in accordance with the deadlines in Title IV of the CAA and the regulations promulgated thereunder
trator" means the Administrator of the EPA.
Note: Copies of Federal regulations incorporated by reference are available on the eCFR website at: https://www.ecfr.gov/current/title-40/chapter-I/subchapter-C.
A.	Schedule
Submittal of permit applications and the permitting of affected sources shall occur in accordance with the deadlines in Title IV of the CAA and the regulations promulgated thereunder. If the applicant is applying for an initial Phase II acid rain permit, an application shall be submitted by January 1, 1996, for sulfur dioxide and by January 1, 1998, for nitrogen oxides, or by such other deadlines established under Title IV of the CAA and the regulations promulgated thereunder.
B.	Required Application Information
The application shall be made using a nationally standardized form in addition to the application form and information required in subsection 2(B) of this Chapter. The applicant shall also include a compliance plan with regard to the schedule and method(s) the Title IV source will use to achieve compliance with the acid rain emissions limitations promulgated under Title IV of the CAA.
C.	License Content
In addition to the information in subsection 3(E) of this Chapter, the following shall be included in the air emission license for a Title IV source:
(1)	A statement that an amendment is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require an amendment under any other Applicable requirement.
(2)	The compliance plan content requirements specified in Section 4 of this Chapter apply and must be included in the acid rain portion of a compliance plan for a Title IV source, except as specifically superseded by regulations promulgated under Title IV of the CAA with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
rement.
(2)	The compliance plan content requirements specified in Section 4 of this Chapter apply and must be included in the acid rain portion of a compliance plan for a Title IV source, except as specifically superseded by regulations promulgated under Title IV of the CAA with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
(3)	A license condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the CAA or the regulations promulgated thereunder.
(a)	A license revision is not required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, provided that such increases do not require a license revision under any other Applicable requirement.
(b)	A limit will not be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with any other Applicable requirement.
(c)	Any such allowance will be accounted for according to the procedures established in regulations promulgated under Title IV of the CAA.
(4)	The Part 70 license will state that, where an Applicable requirement of the CAA is more stringent than an Applicable requirement of regulations promulgated under Title IV of the CAA, both provisions will be incorporated into the license and are enforceable by the Department and EPA.
D.	Nothing in the permit shield, specified in subsection 2(I) of this Chapter, or any Part 70 license alters or affects the Applicable requirements of the acid rain program, consistent with Section 408(a) of the CAA.
E.	Part 70 General Licenses
Part 70 General licenses will not be granted for Title IV sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the CAA.
F
rmit shield, specified in subsection 2(I) of this Chapter, or any Part 70 license alters or affects the Applicable requirements of the acid rain program, consistent with Section 408(a) of the CAA.
E.	Part 70 General Licenses
Part 70 General licenses will not be granted for Title IV sources under the acid rain program unless otherwise provided in regulations promulgated under Title IV of the CAA.
F.	Modifications for acid rain sources pursuant to Title IV of the CAA shall provide an opportunity for public comment and review including public notice and the offering of an opportunity for public comment and a public meeting, and are be governed by 40 C.F.R. Part 72.
G.	A Part 70 source is prohibited from making, without a permit revision, such changes subject to any requirements under Title IV of the CAA or Title I modifications or a modification or reconstruction under any provision of Section 111 or 112 of the CAA.
H.	A license modification or license amendment for purposes of the acid rain portion of the license are be governed by regulations promulgated under Title IV of the CAA.
5.	New Source Review License for a New Source, Major Modification, or Minor Modification
The applicant shall obtain a license pursuant to the provisions of 06-096 C.M.R. ch. 115.
6.	HAP Emission Limitations
A.	Applicability
(1)	Promulgated HAP emission limitations. A new or existing Part 70 HAP source is subject to any HAP emissions limitation promulgated by EPA if one or more of the following conditions occur:
(a)	The source meets the criteria for applicability of such HAP emission limitation;
(b)	The source has proposed construction of a Part 70 HAP source; or
(c)	The source has proposed reconstruction of a Part 70 HAP source.
(2)	Case-by-Case MACT Determinations
r existing Part 70 HAP source is subject to any HAP emissions limitation promulgated by EPA if one or more of the following conditions occur:
(a)	The source meets the criteria for applicability of such HAP emission limitation;
(b)	The source has proposed construction of a Part 70 HAP source; or
(c)	The source has proposed reconstruction of a Part 70 HAP source.
(2)	Case-by-Case MACT Determinations
(a)	The Department will establish a case-by-case MACT determination for a Part 70 HAP source if EPA has failed to promulgate a MACT emission limitation applicable to a Part 70 HAP source upon receipt and approval of a Part 1 and Part 2 MACT application submitted by the owner or operator. The Department will issue the MACT emission limitation within 18 months of receiving a complete Part 2 application.
(b)	Where no applicable emission limitations have been established by EPA, the Department will establish a case-by-case MACT determination for the proposed construction or reconstruction of Part 70 HAP sources unless the source has been specifically regulated or exempted under a regulation issued pursuant to Section 112(d).
(3)	The following are excluded from MACT emission limitation determinations as required by 112(g) and 112(j):
(a)	Stationary sources in deleted sources categories pursuant to Section 112(c)(9) of the CAA.
(b)	Research and development activities as defined by 40 C.F.R. Part 63.41.
B.	Schedule
(1)	If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source and three years or more remain before a Part 70 license expires, an application must be submitted within the six months following EPA's promulgation of the HAP emission limitation. If less than three years remain before a Part 70 license expires, the application must be submitted with the renewal application.
If EPA promulgates a HAP emission limitation applicable to an existing Part 70 HAP source and three years or more remain before a Part 70 license expires, an application must be submitted within the six months following EPA's promulgation of the HAP emission limitation. If less than three years remain before a Part 70 license expires, the application must be submitted with the renewal application.
(2)	If EPA fails to promulgate a MACT emission limitation applicable to a source category or subcategory by the date scheduled for promulgation, the owner or operator of the existing HAP major source (that includes one or more stationary sources in that category) must submit a Part 1 MACT application within 18 months after the date scheduled for promulgation. The Part 1 MACT application must include the following requirements:
(a)	The name and address (physical location) of the major source;
(b)	A brief description of the major source and an identification of the relevant source category;
(c)	An identification of the types of emission points belonging to the relevant source category; and
(d)	An identification of any affected sources for which a Section 112(g) MACT determination has been made.
Within 24 months after an owner or operator submits a Part 1 MACT application the owner or operator must submit a Part 2 MACT application meeting the requirements of subsections 6(D)(1)(a) through (i) and 6(D)(2)(a) through (d) of this Chapter.
(3)	If the applicant is applying for a new Part 70 HAP source or a reconstruction of a Part 70 HAP source, an application must be submitted and processed in accordance with this Chapter and 06-096 C.M.R. ch. 115.
C.	Application Notification
(1)	No application notification is required for the processing of a Part 70 license amendment for the purpose of a HAP emission limitation.
(2)	A copy of the application shall be submitted by the source to EPA Region I.
D.	Required Application Information
AP source, an application must be submitted and processed in accordance with this Chapter and 06-096 C.M.R. ch. 115.
C.	Application Notification
(1)	No application notification is required for the processing of a Part 70 license amendment for the purpose of a HAP emission limitation.
(2)	A copy of the application shall be submitted by the source to EPA Region I.
D.	Required Application Information
(1)	For sources subject to HAP emission limitations promulgated by the EPA or adopted by the Department through rule, the applicant shall submit the information required in subsection 2(B) of this Chapter in addition to the following information:
(a)	A description of all emissions units and the HAP emitted by each Part 70 HAP source which is subject to a HAP emission limitation for existing Part 70 HAP sources or a HAP emission limitation for new Part 70 HAP sources;
(b)	The emission rate of each HAP emitted by each emissions unit, stated in terms that would be federally enforceable;
(c)	The annual rate of uncontrolled emissions of any HAP from the Part 70 HAP source;
(d)	The annual rate of controlled emissions for the emissions units subject to HAP emission limitations;
(e)	Parameters to be monitored or frequency of monitoring to demonstrate continuous compliance with the HAP emission limitations;
(f)	Supporting technical information that documents any applicable HAP emission limitation for new Part 70 HAP sources will be met upon commencement of operation;
(g)	Supporting technical information that documents the source is, or will be in compliance with any applicable HAP emission limitation promulgated by EPA;
(h)	Any other information required by the Department to assess compliance with any existing federal, State or local limitations or requirements applicable to the affected source;
w Part 70 HAP sources will be met upon commencement of operation;
(g)	Supporting technical information that documents the source is, or will be in compliance with any applicable HAP emission limitation promulgated by EPA;
(h)	Any other information required by the Department to assess compliance with any existing federal, State or local limitations or requirements applicable to the affected source;
(i)	For a new affected source, the anticipated date of start-up.
(2)	For sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, the applicant shall submit the information required in subsection 2(B) of this Chapter in addition to the following information:
(a)	All of the information listed above in subsection 6(D)(1) of this Chapter;
(b)	The HAP emission limitations proposed by the applicant that, under representative operating conditions and maintenance, would achieve the MACT emission limitation for existing Part 70 HAP sources or the MACT emission limitation for new Part 70 HAP sources, whichever is applicable.
Supporting technical information must be included, such as design, operation, size, control efficiency, identification of control technology in place for each affected emission point or group of affected emission points or any other information deemed necessary by the Department;
(c)	The HAP emission limitations proposed by the applicant shall:
(i)	For sources that propose to construct a new or reconstruct an existing Part 70 HAP source, be no less stringent than the emission control that is achieved in practice by the best controlled similar source.
(ii)	Provide the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.
ntrolled similar source.
(ii)	Provide the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction.
(iii)	Include either a proposed relevant emission standard pursuant to CAA Section 112(d) or Section 112(h) or adopted presumptive MACT determination for the source category which includes the constructed or reconstructed major source. The MACT requirements applied to the constructed or reconstructed major source shall reflect those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination.
(iv)	For sources for which EPA fails to promulgate a MACT emission limitation within 18 months after the scheduled promulgation date, be no less stringent than the emission limitation that would be achieved at the MACT floor, and that, at a minimum, meets the requirements of a top-down case-by-case MACT analysis for the type and quantity of HAP emitted by the source.
(d)	Where feasible, applicants should propose HAP emission limitations that are based upon pollution prevention techniques rather than the use of control equipment.
E.	License Content. The Part 70 license will contain the following:
(1)	The HAP emission limitation promulgated by EPA, adopted by the Department, or determined on a case-by-case basis by the Department.
(2)	Requirements specifying notification, operation and maintenance, performance testing, monitoring, recordkeeping, reporting requirements, and compliance dates, as provided in subsection 3(E) of this Chapter and any other compliance requirements deemed necessary by the Department.
(3)	Schedule of Compliance
EPA, adopted by the Department, or determined on a case-by-case basis by the Department.
(2)	Requirements specifying notification, operation and maintenance, performance testing, monitoring, recordkeeping, reporting requirements, and compliance dates, as provided in subsection 3(E) of this Chapter and any other compliance requirements deemed necessary by the Department.
(3)	Schedule of Compliance
(a)	For a constructed or reconstructed Part 70 HAP source, compliance with a promulgated MACT, Generally Available Control Technology emission limitation (GACT), residual risk, or work practice standard must be achieved upon commencing operations.
(b)	For existing Part 70 HAP sources, compliance with a promulgated MACT, GACT, or work practice emission limitation must be achieved by the compliance date specified in the applicable, promulgated emission limitation. If the applicable regulation does not specify a compliance date, compliance must be achieved as expeditiously as practicable, as specified in the Part 70 license, but no later than three years after the effective date of the applicable regulation.
(c)	For existing Part 70 HAP sources subject to a case-by-case MACT standard due to EPA's failure to promulgate a MACT emission limitation, compliance with a case-by-case MACT standard must be achieved as expeditiously as practicable, but no later than three years following the issuance of the Part 70 license containing a MACT emission limitation or following the promulgation of the MACT standard by EPA, whichever occurs first.
(d)	Notwithstanding the requirements of this subsection, an existing Part 70 HAP source which is controlled as a result of the installation of BACT or technology for LAER prior to the promulgation of a MACT, GACT, or work practice emission limitation shall not be required to comply with the MACT, GACT, or work practice emission limitation standards until five years after the date of installation of BACT or LAER or until the compliance date of the standard, whichever is later;
source which is controlled as a result of the installation of BACT or technology for LAER prior to the promulgation of a MACT, GACT, or work practice emission limitation shall not be required to comply with the MACT, GACT, or work practice emission limitation standards until five years after the date of installation of BACT or LAER or until the compliance date of the standard, whichever is later;
(e)	Notwithstanding the requirements of this subsection, new Part 70 HAP sources which commence construction or reconstruction after a MACT, GACT, or work practice emission limitation applicable to such source is proposed, and before such standard is promulgated, are not required to comply with the standard until three years after the promulgation date if:
(i)	The promulgated HAP emission limitation is more stringent than the proposed standard; and
(ii)	The source complies with the HAP emission limitation, as proposed, during the three years immediately after promulgation.
F.	Criteria for License Approval
The Department will grant the Part 70 license if the Department determines that the Part 70 HAP source will meet the applicable HAP emission limitations.
G.	Draft Notification
(1)	The Department will provide a copy of the Part 70 draft license to the affected states for a comment period of 30 days. The comment period begins on the date that the affected states receive a copy of the Part 70 draft license.
(2)	In addition, for sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, a comment period of 30 days will be provided for the public on the Part 70 draft license, as described in subsection 2(K) of this Chapter.
for a comment period of 30 days. The comment period begins on the date that the affected states receive a copy of the Part 70 draft license.
(2)	In addition, for sources subject to a MACT emission limitation determined on a case-by-case basis by the Department, a comment period of 30 days will be provided for the public on the Part 70 draft license, as described in subsection 2(K) of this Chapter.
(3) EPA will have a review period of 45 days on the Part 70 draft/proposed license as described in subsection 2(L) of this Chapter or until EPA has notified the Department that EPA will not object to the issuance, whichever is first. This period may run concurrently with the comment period in subsection 6(G)(1) above unless the Department receives comments from the public or affected states that lead the Department to make substantive changes to the draft/proposed license. In which case, the 45-day review period for EPA resets and begins anew upon resubmittal of the proposed license.
7.	Part 70 Administrative Revision
Applicability
Part 70 Administrative Revision procedures may be used for the correction of typographical errors, change in the name, address, or phone number of any person or facility identified in the Part 70 license (unrelated to a change in ownership), or a similar administrative change, or the change to more frequent monitoring, reporting, recordkeeping, or testing requirements.
An “administrative license revision” is a license revision that:
Corrects typographical errors;
Identifies a change in the name, address or phone number of any person identified in the license , or provides a similar minor administrative change at the source;
Requires more frequent monitoring or reporting by the licensee; or
Incorporates any other type of change which the Administrator has determined as part of the approved Part 70 program to be similar to those in paragraphs 40 C.F.R. § 70.7(d)(1)(i) through (vi).
B.	Schedule
ress or phone number of any person identified in the license , or provides a similar minor administrative change at the source;
Requires more frequent monitoring or reporting by the licensee; or
Incorporates any other type of change which the Administrator has determined as part of the approved Part 70 program to be similar to those in paragraphs 40 C.F.R. § 70.7(d)(1)(i) through (vi).
B.	Schedule
(1)	The applicant may request a Part 70 Administrative Revision at any time during the term of a Part 70 license.
(2)	The Department will take no more than 60 days from receipt of a request for a Part 70 Administrative Revision to take final action on such request.
C.	Application Notification
No application notification is required for the processing of a Part 70 Administrative Revision. The source may implement the changes addressed in the request for a Part 70 Administrative Revision immediately upon submittal of the request.
D.	Required Application Information
(1)	The application submission shall consist of a written request documenting the Part 70 Administrative Revision with the reason for the request, along with any relevant information for the revision. The signatory statement signed by a responsible official pursuant to subsection 2(C) of this Chapter shall be included in the submittal.
(2)	The application submission shall include verification that the proposed modification meets the criteria for use of the Part 70 Administrative procedures and a request that such procedure be used.
E.	License Content
A Part 70 Administrative Revision will contain the following:
(1)	A description of the revision and the reason for the request.
(2)	Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the revisions, including the relevant requirements of subsection 3(E).
ative procedures and a request that such procedure be used.
E.	License Content
A Part 70 Administrative Revision will contain the following:
(1)	A description of the revision and the reason for the request.
(2)	Terms and conditions that will assure compliance with all Applicable requirements and state requirements pertaining to the revisions, including the relevant requirements of subsection 3(E).
(3)	Specific designation as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.
(4)	The permit shield, as specified in subsection 2(I) shall not apply to the terms and conditions of the Part 70 Administrative Revision license.
F.	Criteria for License Approval
The Part 70 Administrative Revision will be granted if the Department determines that the revision meets the applicability criteria specified above in subsection 7(A) of this Chapter and will not violate any Applicable requirements and state requirements.
The Part 70 license will specifically designate as state-enforceable, any terms and conditions included in the Part 70 license that are not required or federally enforceable under the CAA or under any of its Applicable requirements.
G.	Draft Notification
Draft notification is not required for a Part 70 Administrative Revision.
8.	Part 70 Section 502(b)(10) Change
A.	Applicability
Section 502(b)(10) Changes are changes that contravene an express license term but do not include changes that would violate Applicable requirements or contravene federally enforceable license terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements
istrative Revision.
8.	Part 70 Section 502(b)(10) Change
A.	Applicability
Section 502(b)(10) Changes are changes that contravene an express license term but do not include changes that would violate Applicable requirements or contravene federally enforceable license terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements.
Section 502(b)(10) Changes within a Part 70 source (or one operating pursuant to Section 503(d) of the CAA) may be made without requiring a license revision if the changes are not modifications under Section 5 of this chapter and the changes do not cause emissions in excess of the standards in the license (whether expressed therein as a rate of emissions or in terms of total emissions) and qualify as a 502 change of the CAA.
B.	Schedule
The applicant may make a Section 502(b)(10) Change at any time during the term of a Part 70 license.
C.	Notification
The facility must provide the Department and EPA with written notification of a Section 502(b)(10) Change a minimum of seven days in advance of the proposed changes.
D.	Required Notification Information
(1)	The application submission shall consist of a letter requesting the Section 502(b)(10) Change with the reason for the request, along with any relevant information for the change. The signatory statement signed by a responsible official pursuant to subsection 2(C) of this Chapter shall be included in the submittal.
en days in advance of the proposed changes.
D.	Required Notification Information
(1)	The application submission shall consist of a letter requesting the Section 502(b)(10) Change with the reason for the request, along with any relevant information for the change. The signatory statement signed by a responsible official pursuant to subsection 2(C) of this Chapter shall be included in the submittal.
(2)	The application submission shall include verification that the proposed modification meets the criteria for use of a Section 502(b)(10) Change procedure and a request that such procedure be used.
E.	Criteria for License Approval
Section 502(b)(10) changes must not be physical changes in, or changes in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted and the changes do not exceed the emissions allowable under the license (whether expressed therein as a rate of emissions or in terms of total emissions).
F.	Draft Notification
Draft notification is not required for a Section 502(b)(10) Change.
9.	Part 70 Minor License Modification
A.	Applicability
Part 70 Minor License Modification procedures may be used only for those license changes that:
(1)	Do not violate any Applicable requirement or state requirement;
(2)	Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the license;
(3)	Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination for temporary sources of ambient impacts or visibility or increment analyses;
(4)	Do not seek to establish or change a Part 70 license term or condition for which there is no corresponding underlying Applicable requirement, and that the source has assumed to avoid an Applicable requirement to which the source would otherwise be subject. Such terms and conditions include:
rce-specific determination for temporary sources of ambient impacts or visibility or increment analyses;
(4)	Do not seek to establish or change a Part 70 license term or condition for which there is no corresponding underlying Applicable requirement, and that the source has assumed to avoid an Applicable requirement to which the source would otherwise be subject. Such terms and conditions include:
(a)	A federally enforceable emissions cap assumed to avoid classification as a modification or reconstruction under CAA Section 112, or as a CAA Title I Modification; and
(b)	An alternative emissions limit approved pursuant to regulations promulgated under CAA Section 112(i)(5);
(5)	Are not a modification or reconstruction under CAA Sections 111 or 112, or a CAA Title I Modification; and
(6)	Are not required by the Department to be processed as a Part 70 Significant License Modification.
Notwithstanding (1) through (6) above, Part 70 Minor License Modification procedures may be used for license modifications involving the use of economic incentives, marketable licenses, intrafacility emission trading, and other similar approaches, to the extent that such Part 70 Minor License Modification procedures are explicitly provided for in an applicable implementation plan or in Applicable requirements promulgated by EPA.
B.	Schedule
(1)	The applicant may request a Part 70 Minor License Modification at any time during the term of a Part 70 license.
(2)	The Department may approve, but may not issue a final Part 70 Minor License Modification until after EPA's 45-day review period or until EPA has notified the Department that EPA will not object to issuance, whichever is first. Within 90 days of the Department's receipt of an application for a Part 70 Minor License Modifi

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## Nearby sections

- [06-096 Ch. 2 Ch. 2: Processing of Applications and Other Administrative Matters](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_2.md)
- [06-096 Ch. 3 Ch. 3: Rules Concerning the Conduct of Licensing Hearings](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_3.md)
- [06-096 Ch. 4 Ch. 4: Rule Governing Hearings on Appeals of Certain Emergency or Administrative Commissioner Orders](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_4.md)
- [06-096 Ch. 40 Ch. 40: Conduct of Enforcement Hearings](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_40.md)
- [06-096 Ch. 80 Ch. 80: Reduction of Toxics in Packaging](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_80.md)
- [06-096 Ch. 82 Ch. 82: Priority Toxic Chemical Reporting and Pollution Prevention Planning](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_82.md)
- [06-096 Ch. 90 Ch. 90: Products Containing Perfluoroalkyl and Polyfluoroalkyl Substances](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_90.md)
- [06-096 Ch. 100 Ch. 100: Definitions Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_100.md)
- [06-096 Ch. 101 Ch. 101: Visible Emissions Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_101.md)
- [06-096 Ch. 109 Ch. 109: Emergency Episode Regulations](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_109.md)
- [06-096 Ch. 110 Ch. 110: Ambient Air Quality Standards](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_110.md)
- [06-096 Ch. 111 Ch. 111: Petroleum Liquid Storage Vapor Control](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_111.md)
- [06-096 Ch. 112 Ch. 112: Bulk Terminal Petroleum Liquid Transfer Requirements](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_112.md)
- [06-096 Ch. 113 Ch. 113: Growth Offset Regulation](https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_113.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_ME_CMR_06_096_140. Check the current official text before relying on it. Not legal advice.