Section 096-140-1 - Scope and ApplicabilityA.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(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;(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(c) 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.
06-096 C.M.R. ch. 140, § 1