Section 096-117-1 - Scope and ApplicabilityA.This regulation applies statewide.B. The owner or operator of any of the following emission units shall install, certify, calibrate, operate, maintain, and perform system audits on the continuous emission monitoring systems (CEMS) for regulated pollutants as specified in this Chapter. (1) Fuel-burning equipment with a heat input capacity of greater than 100 million British Thermal Units (BTU) per hour shall continuously monitor for opacity, except when: (a) Gaseous fuel is the only fuel burned; or(b) The annual average capacity factor for any non-gaseous fuel or combination of non-gaseous fuels burned in the emissions unit is demonstrated to be less than 30% and is limited to such by a federally enforceable license condition.(2) Fuel-burning equipment with a heat input capacity of greater than 200 million BTU per hour shall continuously monitor for nitrogen oxides unless the owner or operator demonstrates that the annual average capacity factor is less than 30%, is projected to remain at less than 30% and is limited to such by a federally enforceable license condition.(3) Any emissions unit required by statute, regulation, license condition, or other Departmental action to continuously monitor for any regulated pollutant unless determined to be exempt from some or all of the requirements of this Chapter by the Department pursuant to subsection (1)(C) of this Rule.(4) Any emissions unit subject to 40 CFR Part 60 New Source Performance Standards, 40 CFR Parts 61 or 63 National Emission Standards for Hazardous Air Pollutants, or 40 CFR Part 75 Acid Rain Program regulations, which require the installation and operation of CEMS to demonstrate compliance with a specified opacity or emission limit.(5) Any emissions unit whose potential to emit is limited by federally enforceable license conditions which restrict its hours of operation or operating configuration, type or amount of material combusted, stored, or processed, or level of production, and for which the Department determines that CEMS are necessary to demonstrate compliance with these license conditions pursuant to subsection (1)(C) of this Rule.(6) Any emissions unit that utilizes air pollution control equipment in order to maintain compliance with an opacity or emission limit and the Department determines through the licensing process that a CEMS is necessary to demonstrate compliance with such limit.(7) Any emissions unit which the Department has determined through the licensing process has a significant impact on air quality and for which a CEMS is necessary to demonstrate that the ambient air quality standards are achieved and maintained.(8) Any emissions unit from which a documented violation of any applicable opacity or emission limit has occurred and for which the Department determines through the licensing process that a CEMS is appropriate.(9) Fuel-burning equipment which is required to measure sulfur dioxide, carbon monoxide, total reduced sulfur, ammonia, nitrogen oxides, or other gaseous pollutants pursuant to this Chapter shall continuously monitor for either percent oxygen or percent carbon dioxide when needed to quantify emissions at a standard condition.C. Limited Exemptions (1) The Department may on a case by case basis allow compliance with this Chapter through provisions under 40 CFR Part 51, Appendix P, Section 6. In such cases the Department shall determine alternative emission monitoring and reporting requirements (e.g., periodic stack tests) to satisfy the intent of this Chapter through an amendment to the air emission license. Examples of such special cases include, but are not limited to, the following:(a) When installation of a CEMS would not provide accurate determinations of emissions (for example, condensed, uncombined water vapor may prevent an accurate determination of opacity);(b) When the annual average capacity factor for the affected emissions unit is less than 30% and is restricted by license condition to remain at less than 30%;(c) When the Department determines that the requirements would impose an extreme economic burden on the source owner or operator; or(d) When the Department determines that the CEMS cannot be installed due to physical limitations at the facility.(2) Lime kilns shall not be required to continuously monitor for sulfur dioxide.(3) Fuel-burning equipment controlled by wet scrubbers approved by the Department shall not be required to continuously monitor for opacity unless such equipment is required to continuously monitor for opacity by 40 CFR Part 60 New Source Performance Standards. NOTE: Emissions monitoring and reporting requirements under federal law may, in some cases, be more stringent than the requirements of this Chapter and Title 38 M.R.S.A. §589(3).
06- 096 C.M.R. ch. 117, § 1