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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. Chapter 101: Visible Emissions Regulation Emissions into the ambient air from facilities, both licensed and unlicensed, are subject to visible emissions standards. These standards may be located in the Department’s Chapter 101, Visible Emissions Regulation, in State-determined Best Available Control Technology (BACT) and Best Practical Treatment (BPT) determinations, and in federal National Emissions Standards for Hazardous Air Pollutants (NESHAP) and/or New Source Performance Standards (NSPS). Emissions sources identified in this Chapter include sources which may not otherwise be subject to visible emissions requirements. Currently, Chapter 101 includes up to two six-minute exemptions from visible emissions standards per three-hour period for certain regulated emissions units. 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. Chapter 101 was originally promulgated in 1972 and was most recently updated in 2003. Since that time, the Department and EPA have identified several revisions that will provide greater clarity and flexibility to the regulated sources while accommodating real and unavoidable fluctuations in operations. Changes in this proposed rulemaking are more consistent with applicable federal requirements and do not increase the regulatory burden on affected facilities. The proposed changes include the following: – Removal of the “unregulated” exemption periods and inclusion of new, alternate provisions for periods of startup, shutdown, or malfunction, allowing the option of compliance with work practice standards to minimize emissions during such times instead of a numerical opacity limit. – Clarification of exemptions from the Chapter, including units whose visible emissions are regulated through another State rule, visible air contaminants emitted for the purpose of visible emissions observer training, and visible air contaminants emitted for the purpose of Predictive Emission Monitoring Systems (PEMS) research that has been approved by the Commissioner and EPA – Clarification of the applicability of the annual capacity factor visible emission standard. – Inclusion of a definition of distillate fuel, for the purposes of the Chapter. – Removal of specific visible emissions standards for Kraft recovery furnaces, since all such units are subject to visible emission standards in applicable federal rules. The Department may submit these amendments to the U.S. Environmental Protection Agency for approval as an amendment to Maine’s State Implementation Plan. Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. 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. |
