06-096-140 Me. Code R. § 12

Current through 2024-44, October 30, 2024

Section 096-140-12 - Part 70 License Transfer

The following outlines the procedures for issuing a Part 70 License Transfer:

A.Applicability

This section addresses a change in ownership of a Part 70 source.

The transferee (new owner) shall abide by all of the conditions of the Part 70 license and is jointly and severally liable with the original licensee for any violation of the terms and conditions thereof pending determination on the application for approval of a transfer.

B.Schedule

(1) An application for a Part 70 License Transfer shall be submitted to the Department no later than two weeks after any transfer of property subject to a Part 70 license.

(2) The Department will take no more than 60 days from receipt of a request for a Part 70 License Transfer to take final action on such request.

C.Application Notification

The applicant shall publish notice of Intent to File as specified in subsection 2(D) of this Chapter.

D.Required Application Information

(1) Identifying new information, including company name and physical address; responsible official's name and contact information; and names and contact information of plant site manager or designated contact person;

(2) A letter including the following information:

(a) The full name and address of the new owner;

(b) The date of the official sale or transfer of ownership;

(c) A copy of the purchase agreement or deed showing transfer of ownership, or demonstration of title, right, or interest;

(d) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

(e) A demonstration of technical capacity of the new owner and intent to:

(i) Comply with all conditions of the Part 70 license, and

(ii) Satisfy all statutory criteria.

(3) The signatory statement signed by a responsible official pursuant to subsection 2(C) of this Chapter.

E.License Content

The Part 70 License Transfer will contain the following:

(1) Full name and address of new owner and the date of transfer of ownership;

(2) A statement that there will be no increase in air emissions beyond that provided for in the existing license, either in quantity or type, without prior written permission from the Department; and

(3) A statement describing the technical capacity of the new owner.

F.Criteria for License Approval

Approval for a Part 70 License Transfer will be based on the acceptability of the information required in the application submittal.

G.Draft Notification

Draft notification is not required for a Part 70 License Transfer.

06-096 C.M.R. ch. 140, § 12