October 3, 2018
WEEKLY
NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules
Notices are published each Wednesday to alert the public regarding state agency rulemaking. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone (207) 287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rulemaking liaisons, who are single points of contact for each agency.
PROPOSALS
AGENCY: 06-096
- Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch.
101, Visible Emissions Regulation
PROPOSED RULE NUMBER: 2018-P157 (2nd
publication)
BRIEF SUMMARY: 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 Ch. 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, Ch. 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 and 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.
Ch. 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.
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 MRS §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 Department’s intent to exempt equipment subject to a visible
emission standard under New Source Performance Standards (40 CFR Part 60) or
National Emission Standards for Hazardous Air Pollutants (40 CFR 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 CFR 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
unit’s 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.
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.
PUBLIC HEARING: No public hearing is scheduled (there is a
30-day written comment period). A public hearing will be held if requested
before the end of the comment period.
COMMENT DEADLINE: November 2, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT
INFORMATION: Tom Graham, Maine Department of Environmental Protection, 17 State
House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Fax: (207)
287-7826. Email: Tom.Graham@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if
different):
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .