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You are subscribed to Rulemaking Notification for Maine Department of Environmental Protection. This information has recently been updated, and is now available. Capter 101, Visible Emissions Regulation – Re-posting The Department is proposing to amend its Chapter 101: Visible Emissions Regulation. As the result of legal action against the U.S. Environmental Protection Agency (EPA), such exemptions have been found to conflict with Clean Air Act (CAA) requirements. As a result, the EPA has issued a State Implementation Plans (SIP) Call, identifying each state and state rule deemed in conflict with such CAA requirements. This proposed rulemaking rectifies language and requirements to bring the Chapter in compliance with the SIP Call and CAA requirements. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine’s State Implementation Plan. On July 18, 2018, the Department posted this proposal to a 30-day public comment period with an opportunity to request a public hearing; the comment period closed on August 17, 2018. After reviewing public comments, the Department revised its proposals and provided an opportunity for additional public comment pursuant to 5 M.R.S. § 8052(5)(B) on additional changes to the proposals that may be substantial. These changes include: – Specific exclusions have been added to Section 1(C) to clarify the Departmentâs intent to exempt equipment subject to a visible emission standard under New Source Performance Standards (40 C.F.R. Part 60) or National Emission Standards for Hazardous Air Pollutants (40 C.F.R. Part 63) as well as units with a wet plume subject to operating limits for control of PM under National Emission Standards for Hazardous Air Pollutants (40 C.F.R. Part 63); – Section 2(A)(5) has been revised to retain the original visible emission standards for biomass and multifuel boilers, minus the periods of unlimited opacity; – Section 3(C) has been added to retain the ability for facilities to amend their license to establish alternative (site-specific) work practice standards during periods of startup and shutdown; – For units monitored by a Continuous Opacity Monitoring System (COMS), higher alternative limits have been added for up to 5% of the unitâs operating time on a quarterly basis in lieu of utilizing work practice standards for periods of startup, shutdown, and malfunction; and – Sections 2(A)(4) and 3 have been revised to clarify requirements for combustion turbines as opposed to reciprocating engines. Please note that the Department is not accepting additional comments on other portions of the proposals at this time. Copies of the changes to the rules which the Department is seeking additional comment are available from the upon request by contacting the Agency contact person or on the DEP website. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any. |
