§ 38 §590 — Licensing

1.
License required; rules.
After ambient air quality standards and emission standards have been established within a region, the board may by rule provide that a person may not operate, maintain or modify in that region any air contamination source or emit any air contaminants in that region without an air emission license from the department.
2.
Applications.
Applications for air emission licenses must be made in a form prescribed by the commissioner and contain the information related to the proposed air contamination source and emission of air contaminants required by rule of the board. All hearings under this section must be held in a municipality within the region where the proposed emission is to be located. At this hearing, the department shall solicit and receive testimony concerning the nature of the proposed emissions; their effect on existing ambient air quality standards within the region; the availability and effectiveness of air pollution control apparatus designed to maintain the emission for which a license is sought at the levels required by law; and the expense of purchasing and installing this apparatus. The department shall grant the license and may impose appropriate and reasonable conditions as necessary to secure compliance with ambient air quality standards if the department finds that the proposed emission will:
3.
Best practical treatment.
Emissions from existing sources undergoing license renewal are receiving best practical treatment if those emissions are being controlled by an air pollution control apparatus installed less than 15 years prior to the date of license application approval or an accepted best practical treatment analysis shows that those emissions are being controlled in a manner consistent with emission controls commonly used in sources of similar age and design in similar industries, unless:
4.
Low sulfur fuel.
Best practical treatment does not include the use of fuel with a lower sulfur content than that specified in section 603‑A unless a lower sulfur fuel is required to comply with applicable emission standards or applicable ambient air quality standards.
5.
License conditions for start-up, shutdown and malfunctions.
In making license decisions and conditions, the department shall consider the extent to which operation of the licensed facility requires an allowance for excess emissions during cold start-ups and shutdowns of the facility as long as that facility is operated to minimize emissions and is otherwise subject to applicable standards. When the applicant demonstrates to the department that, consistent with best practical treatment requirements and other applicable standards, infrequent emissions are unavoidable during these periods, the department shall establish appropriate license allowances and conditions.
6.
Installation period.
If an air emission license renewal or amendment can be granted only if the licensee installs additional emission controls or other mitigating measures, then the licensee may continue to emit pollutants from air contaminant sources that will receive these controls or measures up to the same level allowed in its existing air emission license as long as the additional emission controls or mitigating measures are fully operational as soon as practicable but in no case later than 24 months after the department issues the license renewal or amendment, except as provided in this subsection. After a showing by the licensee that it can not install and bring to full operation required emission controls or mitigating measures within the 24-month period, the department may establish a later date for the installation and operation.
7.
Compliance with federal law.
The department has the authority to deny an air emission license for a new or modified major emitting source when it determines that the source will not comply with the requirements imposed pursuant to the Federal Clean Air Act, Title 1, Part C, subpart 2, as amended, related to the impairment of visibility in mandatory Class 1 federal areas.

Legislative History

PL 1969, c. 474, §1 (NEW). PL 1971, c. 462, §5 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 282, §4 (AMD). PL 1979, c. 381, §§12-14 (AMD). PL 1985, c. 745, §§1,2 (AMD). PL 1989, c. 890, §§A40,B164 (AMD). PL 1991, c. 384, §§10,11 (AMD). PL 1991, c. 384, §16 (AFF). PL 1991, c. 483, §3 (AMD). PL 1991, c. 658, §1 (RPR). PL 1993, c. 232, §3 (AMD). PL 2001, c. 626, §16 (AMD). PL 2021, c. 294, §1 (AMD).