Subdivision I. General Provisions
[Ord. No. 2002.112, § 4-101, 11-6-2002]
(a) 
This article shall apply to the owner of any new, modified, or existing stationary source, area source, or process which emits a regulated toxic air pollutant into the ambient air and for which stationary source or process:
(1) 
Is classified as a minor source under 06 096 CMR 115 and requires a license to operate issued under that chapter;
(2) 
Is classified as a major source under 06 096 CMR 140 and requires a license to operate issued under that chapter and/or under Title V of the Clean Air Act; or
(3) 
For purposes of establishing an inventory of emissions of regulated air toxics in Biddeford by stationary and area sources, emits any regulated air toxic into the ambient air in excess of the facility threshold limits established in Table I of this article.
(b) 
Any stationary source, area source, or process which meets the criteria of (a), above, shall be exempt from the permit requirements of this division for a particular regulated toxic air pollutant where the emissions of such pollutant are or result from any of the following sources or activities:
(1) 
A mobile source;
(2) 
A normal agricultural operation;
(3) 
The application of a pesticide regulated pursuant to 7 M.R.S.A. § 606 et seq.
(4) 
The combustion of one or more of the following fuels:
a. 
Coal;
b. 
Natural gas;
c. 
Wood; or
d. 
Virgin petroleum products; or
(5) 
A gasoline dispensing or storage facility or cargo truck as regulated pursuant to 06 096 (Code of Maine Regulations) 118;
(6) 
Photographic process equipment by which an image is reproduced upon material sensitized to radiant energy;
(7) 
Activities such as copying and duplication activities performed in an office, and use of typewriters, printers, blueprinting and pens;
(8) 
Interior maintenance activities, such as janitorial cleaning and the use of cleaning products and air freshener, other than cleaning of any process equipment or devices and except as allowed under Subsection (b)(18) below;
(9) 
The use of bathroom and locker room ventilation;
(10) 
The activities of maintenance, including welding, gluing, painting of process equipment and soldering, but excluding VOC degreasing operations;
(11) 
First aid or medical care provided at the facility, including related activities such as sterilization and medicine preparation;
(12) 
Laundry operations, other than dry-cleaning, to service uniforms or clothing used at the facility;
(13) 
Architectural maintenance activities conducted to take care of the buildings and structures at the facility, including repainting, resurfacing, roofing and sandblasting;
(14) 
Exterior maintenance and repair activities conducted to take care of the grounds of the facility, including lawn care;
(15) 
Food preparation, including barbecuing for service facility cafeterias and dining rooms, but excluding such activities which are connected to preparation of packaged food for off-site consumption;
(16) 
The use of portable space heaters which can be carried and relocated by an employee;
(17) 
(Reserved)
(18) 
The venting of particulate emissions from processes equipped with removal equipment and which are vented inside the building;
(19) 
The use of laboratory ventilation hoods and exhaust systems for educational and research and development activities, excluding hoods used for any production processes, unless otherwise regulated under Section 112 of the Clean Air Act;
(20) 
The use of laboratory ventilation hoods and exhaust systems used by hospitals and medical care facilities used for medical purposes;
(21) 
The use of consumer products in a manner consistent with how the general public would use the product;
(22) 
The use of fire control equipment, including maintenance and employee training.
[Ord. No. 2002.112, § 4-102, 11-6-2002]
(a) 
All new, existing and modified devices or processes subject to this division shall comply with the requirements of this division.
(b) 
Any owner of a stationary source or process subject to this division shall obtain Biddeford air toxics permit. The permit shall cover only the devices, processes, and emissions which are subject to regulation under this division.
(c) 
Notwithstanding any other provision of Section 34-242, no permit shall be required for a device or process for which the sum of all uncontrolled regulated emissions is less than the facility threshold limits set forth in Table I for the applicable regulated air toxic pollutant(s);
(d) 
Notwithstanding any other provision of Section 34-242, no permit shall be required for a device or process for which the owner or facility operator is required to report emissions of regulated air toxics for the purpose of establishing an inventory of all stationary and/or area sources of air toxics in Biddeford.
[Ord. No. 2002.112, § 4-201, 11-6-2002]
(a) 
A stationary source or process which has not begun construction within the City of Biddeford prior to the effective date of this article shall be deemed to be a new source or process when submitting an application for a permit under this article. The owner of a new stationary source or process requiring a permit under this division shall submit an application for a temporary permit in accordance with the application requirements contained in Section 34-201. The application may be submitted prior to completing and submitting an air toxics compliance determination required under this division.
(b) 
The owner of a new stationary source or process which had not commenced operation prior to the effective date of this article shall not operate the new stationary source or process until a temporary permit is issued.
(c) 
The owner of a new stationary source or process shall receive a Biddeford air toxics permit to replace the temporary permit upon completion of air toxics compliance demonstration under this division.
[Ord. No. 2002.112, § 4-202, 11-6-2002]
(a) 
A stationary source or process which has begun construction within the City of Biddeford, or is operating pursuant to a license, permit or permit application shield, prior to the effective date of this article shall be deemed to be an existing source or process when submitting an application for a permit under this article. The owner of an existing source or process requiring a permit under this division shall submit to the City no later than six months following the Board's approval of the permit application forms, an application for a Biddeford Air Toxics Emissions Permit, including notice to the Board to that the facility is prepared to undertake an air toxics compliance evaluation. Upon timely submission of the application, the owner shall operate the existing device or process under the facility's existing licenses and permits issued by the Maine Department of Environmental Protection and U.S. Environmental Protection Agency until such time as the Biddeford Environmental Board has acted upon the application.
(b) 
Upon issuance by the Board of a permit to an existing source which is unable to demonstrate compliance with all applicable ambient air limits at the time of issuance, the Board shall include a compliance plan and schedule for achieving compliance based upon public health, economic impact and the commercial availability of appropriate controls, not to exceed three years.
(c) 
Notwithstanding any other provision of this article, a source operating under the terms of a compliance plan and schedule for compliance shall not be subject to penalties during the period for compliance approved by the Board for emissions exceeding the established ambient air limits in Table I. This provision does not preclude the enforcement, including for penalties, for violations of other terms and conditions of a permit during the period for compliance, and nothing in this provision is intended to prevent state and federal enforcement of any emission standard or limit imposed under applicable state and federal law.
[Ord. No. 2002.112, § 4-203, 11-6-2002]
(a) 
The owner of an existing source or process requiring a modification of a permit issued under this division which is not a minor modification, shall submit an application for a permit modification in accordance with Section 34-201.
(b) 
The owner shall not begin construction of the modification of the stationary source or process until a modified or amended permit is issued.
(c) 
The owner of a modified stationary source or process shall receive an amendment to a Biddeford air toxics permit upon approval of the modification by the Board.
[Ord. No. 2002.112, § 4-204, 11-6-2002]
The owner of a stationary source or process which operates pursuant to a permit issued under this article may undertake a minor modification without approval by the Board as follows:
(1) 
The owner shall submit notification of the minor modification to the ECO no later than five business days following initial operation of the minor modification and furnish supporting information and documentation as may be reasonably requested.
(2) 
For such minor modifications resulting in the emission of any regulated air toxic pollutant not previously identified on the facility's permit above the established facility threshold limit, the owner shall perform an air compliance demonstration prior to operating the minor modification. If the modification complies with the ambient air limits established on Table I the owner may operate the minor modification provided that written notice to the ECO consistent with the requirements of Paragraph (1) above. If the modification would result in an excedance of either of the ambient air limits established in Table I, a permit modification application shall be submitted to the ECO prior to operating the modification.
[Ord. No. 2002.112, § 4-301, 11-6-2002]
(a) 
For the purposes of determining actual emissions for compliance with this division and with the requirements of Division 5 and for inventory purposes, a stationary source shall determine its actual emissions using any of the following methods:
(1) 
The use of published emission factors including EPA's Compilation of Air Pollutant Emission Factors, AP-42, as revised.
(2) 
The use of mass balance calculations following accepted engineering principles, or
(3) 
The use of published engineering calculations and accepted mathematical models, or
(4) 
The use of emission tests following accepted OSHA and NIOSH test methods, or
(5) 
The use of emission test methods approved by EPA or Maine DEP, or
(6) 
The use of alternative methods approved by the ECO in conjunction with the operating conditions specified on any permit issued pursuant to this division; or
(7) 
The use of reported test data in conjunction with the operating conditions specified on any permit issued pursuant to this division, where such test data was collected through the use of test methods approved by the ECO.
(b) 
The owner or operator may quantify the actual mass emission rate of any substance:
(1) 
For which an emission factor is available,
(2) 
Which is likely to be emitted from the stationary source or process,
(3) 
Which is identified on an OSHA compliant Material Data Safety (MSDS) Sheet for a particular material or product, or
(4) 
By other methods approved by the ECO. For purposes of this provision, an owner or operator shall be entitled to rely upon the information contained on an OSHA compliant MSDS sheet.
[Ord. No. 2002.112, § 4-302, 11-6-2002]
(a) 
In accordance with the MDEP air emission compliance test protocol and 40 CFR Part 60 or other method approved or required by the ECO, the facility shall perform emissions testing to demonstrate compliance with the applicable ambient air limits under circumstances representative of the facility's process and operating conditions:
(1) 
Within 60 calendar days of receipt of a written notification to test from the ECO, if visible emissions, equipment operating parameters, ECO inspection, air monitoring or other cause indicate to the ECO that equipment may be operating out of compliance with ambient air limits or permit conditions; or
(2) 
Pursuant to any other requirement of a permit issued under this article to perform emissions testing.
(b) 
Such testing shall be by qualified persons selected by the regulated source and all costs associated with such testing shall be borne by the regulated source. A notice for a regulated source to undertake an emissions test shall be in writing and shall be accompanied by a plain statement describing the reasons for the proposed test. Nothing in this section shall prevent the City from undertaking an emissions test performed by the City's consultants and at the City's expense upon prior notice to the regulated facility.
[Ord. No. 2002.112, § 4-303, 11-6-2002]
(a) 
The owner of any stationary source or process for which a permit is required and which emits a regulated toxic air pollutant shall determine compliance with the ambient air limits by using one of the following methods:
(1) 
Air dispersion modeling analysis;
(2) 
De minimus emission level demonstration;
(3) 
In stack concentration method, and
(4) 
Alternative method.
(b) 
Upon request by the ECO or the Board, the owner of any stationary source or process which emits a regulated toxic air pollutant shall provide documentation of compliance with the ambient air limits to the Board.
[Ord. No. 2002.112, § 4-304, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
If air dispersion modeling analysis is selected, the owner shall conduct air dispersion modeling analysis demonstrating that the concentration of actual emissions of each regulated toxic air pollutant is below the corresponding ambient air limit at or beyond the compliance boundary in accordance with Table I. Any models approved for use by the U.S. EPA and Maine DEP, or otherwise approved by the ECO shall be used for demonstrating compliance under this method.
[Ord. No. 2002.112, § 4-305, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
In determining compliance with any permit issued in connection with this division using the de minimus emissions level method, annual emissions calculations shall be based on the actual annual emissions of each regulated pollutant and shall be compared to the annual de minimus level facility threshold limit appearing on Table I. Hourly emission calculations shall be based on the actual hourly emissions averaged over a twenty-four-hour period and shall be compared to the twenty-four-hour de minimus level.
[Ord. No. 2002.112, § 4-306, 11-6-2002; Ord. No. 2005.37, 5-17-2005]
If the in-stack concentration method is selected, the owner shall perform a calculation demonstrating that the adjusted in-stack concentration of each regulated toxic air pollutant, on an actual emission basis, as determined by the following calculations, is below the corresponding ambient air limit in Table I, where:
(1) 
"X" means:
a. 
For devices or processes emitting from one stack, the emission rate of a regulated toxic air pollutant in pounds per hour; or
b. 
For devices or processes emitting from more than one stack, the sum of emission rates of each regulated toxic air pollutant from each stack in pounds per hour;
(2) 
"Y" means the emission rate of a regulated toxic air pollutant in grams per second as determined by dividing X by 7.94, as in the formula below:
Y = X/7.94
(3) 
"Z" means the emission rate of a regulated toxic air pollutant in micrograms per second as determined by multiplying Y by 1,000,000 as in the formula below:
Z = Y x 1,000,000
(4) 
"A" means:
a. 
For devices or processes emitting from one stack, the stack volume flow in actual cubic feet per minute; or
b. 
For devices or processes emitting from more than one stack, the sum of stack volume flows from each stack in actual cubic feet per minute;
(5) 
"B" means the stack volume flow in actual cubic meters per second as determined by dividing A by 2119, as in the formula below:
B = A/2119
(6) 
To calculate the in-stack concentration of a regulated toxic air pollutant in micrograms per cubic meter from a device or process either emitting from a single stack or from more than one stack, Z shall be divided by B, as in the formula below:
IC = Z/B
(7) 
To calculate the adjusted in-stack concentration of a regulated toxic air pollutant in micrograms per cubic meter from a device or process either emitting from a single stack or from more than one stack, the in-stack concentration shall be divided by 100, as in the formula below:
Adjusted In-stack Concentration = IC/100
[Ord. No. 2002.112, § 4-307, 11-6-2002]
(a) 
Any person may submit a request to the Board for approval of the use of a method of determining compliance that is an alternative to the methods specified in this part.
(b) 
Any person making such a request shall submit the following information to the Board:
(1) 
A description of the proposed alternate method and each stationary source or process to which the proposed alternate method will be applied;
(2) 
The identity, location and description of the facility at which the alternate method is proposed to be used;
(3) 
The name, chemical abstracts service (CAS) registry number, classification and ambient air limits for each regulated toxic air pollutant emitted from each stationary source or process subject to this division; and
(4) 
Technical data and information demonstrating that the results of the proposed alternate method are no less precise and accurate than those of the methods specified in this part.
(c) 
Within 60 days of receipt of a request, the Board shall approve the use of the proposed alternate method and notify the person requesting approval of the decision provided that:
(1) 
The request contained all of the information required in Subsection (b), above; and
(2) 
The results of the proposed alternate method are no less precise than those methods specified in this part.
[Ord. No. 2002.112, § 4-401, 11-6-2002]
The Board shall classify each regulated toxic air pollutant as a Class I regulated toxic air pollutant, Class II regulated toxic air pollutant, or Class III regulated toxic air pollutant, in accordance with this article.
[Ord. No. 2002.112, § 4-402, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as a Class I regulated toxic air pollutant if it meets at least one of the following criteria:
(1) 
It is a Class A, Class B1, or Class B2 carcinogen, as described in 51 Federal Register 34,000 (1986);
(2) 
It is a Category A1 or A2 carcinogen, as described in Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, as published by the American Conference of Governmental Industrial Hygienists (ACGIH) (2001 Edition);
(3) 
It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles, that it is capable of inducing reproductive or developmental effects in experimental laboratory animals at doses less than or equal to 500 mg/kg; or
(4) 
It has an acute toxicity where the:
a. 
Oral LD-50 is less than or equal to 50 mg/kg;
b. 
Inhalation LC50 is less than or equal to 200 ppm; or
c. 
Dermal LD50 is less than or equal to 200 mg/kg.
[Ord. No. 2002.112, § 4-403, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as a Class II regulated toxic air pollutant if it does not qualify as a Class I regulated toxic air pollutant and meets at least one of the following criteria:
(1) 
It is a Class C carcinogen, as described in 51 Federal Register 34,000 (1986);
(2) 
It is a Category A3 carcinogen, as described in Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices, as published by the ACGIH (2001 Edition);
(3) 
It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles, that it is capable of inducing reproductive or developmental effects in experimental laboratory animals at doses greater than 500 mg/kg;
(4) 
It has an acute toxicity where the:
a. 
Oral LD50 is greater than 50 mg/kg but less than 500 mg/kg;
b. 
Inhalation LC50 is greater than 200 ppm but less than 2,000 ppm; or
c. 
Dermal LD50 is greater than 200 mg/kg but less than 1,000 mg/kg;
(5) 
It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles, that it induces mutagenic effects; or
(6) 
It has been demonstrated through at least one study conducted in accordance with generally accepted scientific principles, that it produces adverse chronic noncarcinogenic systemic effects.
[Ord. No. 2002.112, § 4-404, 11-6-2002]
The Board shall classify a regulated toxic air pollutant as a Class III regulated toxic air pollutant if it is any regulated toxic air pollutant other than a regulated toxic air pollutant classified as Class I or Class II.
[Ord. No. 2002.112, § 4-501, 11-6-2002]
For the purpose of providing adequate protection to sensitive populations, the Board shall designate a safety factor to each regulated toxic air pollutant as follows:
(1) 
For a Class I regulated toxic air pollutant, the safety factor shall be 100;
(2) 
For a Class II regulated toxic air pollutant, the safety factor shall be 71; and
(3) 
For a Class III regulated toxic air pollutant, the safety factor shall be 24.
[Ord. No. 2002.112, § 4-502, 11-6-2002]
For the purpose of considering that certain chemicals have differing effects over time, the Board shall designate a time adjustment factor according to the characteristics of the regulated toxic air pollutant. The time adjustment factor shall be used to determine the ambient air limit according to Section 34-298.
[Ord. No. 2002.112, § 4-503, 11-6-2002]
The Board shall designate the time adjustment factors according to the following criteria:
(1) 
For regulated toxic air pollutants that have an occupational exposure limit which is intended to primarily prevent irritation or discomfort, or for which there are essentially no known cumulative effects resulting from extended exposures to such pollutants at concentration levels at or near the occupational exposure limit, the time adjustment factor shall be 1.0;
(2) 
For regulated toxic air pollutants that have an occupational exposure limit which is intended to prevent acute exposure effects, the time adjustment factor shall be 2.0;
(3) 
For regulated toxic air pollutants that have a ceiling limit value set as an occupational exposure limit which was not intended to be exceeded at any time, the time adjustment factor shall be 2.5; and
(4) 
For regulated toxic air pollutants that have an occupational exposure limit which is set either by technological feasibility or commonly recognized good hygiene practice, or which present cumulative health hazards and have an occupational exposure limit intended to prevent excessive accumulation in the body from extended periods of exposure, or which present both acute and cumulative health hazards, the time adjustment factor shall be 2.8.
[Ord. No. 2002.112, § 4-601, 11-6-2002]
(a) 
Where there is a reference concentration limit established by the U.S. Environmental Protection Agency for a regulated toxic air pollutant which causes developmental or reproductive effects, the twenty-four-hour ambient air limit shall be the reference concentration limit.
(b) 
Where there is no reference concentration limit, the twenty-four-hour ambient air limit shall be a modified occupational health standard as determined by the calculation specified in Section 34-312 below.
[Ord. No. 2002.112, § 4-602, 11-6-2002]
(a) 
OEL means the occupational exposure limit for the regulated toxic air pollutant.
(b) 
SF means the safety factor as determined by Section 34-296.
(c) 
TAF means the time adjustment factor as determined by Section 34-298.
(d) 
To calculate the twenty-four-hour ambient air limit for a regulated toxic air pollutant, occupational exposure limit shall be divided by the product of the safety factor and the time adjustment factor, as in the formula below:
AAL (24 hr.) = OEL/(SF x TAF)
[Ord. No. 2002.112, § 4-603, 11-6-2002]
(a) 
Where there is a reference concentration limit established by the U.S. Environmental Protection Agency, the annual ambient air limit shall be the reference concentration limit.
(b) 
Where there is no reference concentration limit, the annual ambient air limit shall be a modified occupational health standard as determined by the calculation specified in Section 34-314, below.
[Ord. No. 2002.112, § 4-604, 11-6-2002]
(a) 
"OEL" means the occupational exposure limit for the regulated toxic air pollutant.
(b) 
"SF" means the safety factor as determined by Section 34-296.
(c) 
To calculate the annual ambient air limit for a regulated toxic air pollutant, the occupational exposure limit shall be divided by the product of 4.2 and the safety factor, as in the formula below:
AAL (annual) = OEL/(SF x 4.2)
[Ord. No. 2002.112, § 4-701, 11-6-2002]
The Board shall establish one list containing the following information:
(1) 
The chemical name of each regulated toxic air pollutant;
(2) 
The chemical abstracts service number of each regulated toxic air pollutant;
(3) 
The classification for each regulated toxic air pollutant;
(4) 
The twenty-four-hour ambient air limit for each regulated toxic air pollutant;
(5) 
The annual ambient air limit for each regulated toxic air pollutant;
(6) 
The time adjustment factor for each regulated toxic air pollutant;
(7) 
The occupational exposure limit for each regulated toxic air pollutant where there is one established;
(8) 
The facility threshold limit for each regulated toxic air pollutant in accordance with the limit established by Maine Department of Environmental Protection pursuant to 06 096 CMR 115 (Appendix B).
(9) 
The twenty-four-hour de minimus emission level for each regulated toxic air pollutant; and
(10) 
The annual de minimus emission level for each regulated toxic air pollutant.
a. 
The list known as Table I shall consist of all of the compounds for which the Maine Department of Environmental Protection has established a facility threshold limit for hazardous air pollutants pursuant to 38 M.R.S.A. § 590 and 06 096 CMR 115 (Appendix B), as amended, or their equivalents as listed by ACGIH, and any other substances and compounds which have been added pursuant to the applicable provisions of this article. The list shall be appended hereto upon adoption by the Biddeford Environmental Board.
[Ord. No. 2002.112, § 4-703, 11-6-2002]
The list of regulated pollutants, and any additions, deletions, or modifications to the list and to any AAL established therein shall be published by the City annually in the form of as fact sheet and shall be distributed by the Board to the owner of any stationary source or process permitted under this article. The list shall also be available to any person in database form.
[Ord. No. 2002.112, § 4-705, 11-6-2002]
(a) 
If a person wishes to make an addition, deletion or modification to either list, the person shall petition the Board pursuant to Section 34-221 at any time to add or delete a substance or compound or to modify a parameter for any substance or compound named on the list described in Table I.
(b) 
Where data limitations exist which prevent the derivation of an ambient air limit, a person intending to use a substance or compound named on the list shall petition the Board in accordance with (c), below.
(c) 
Petitions shall be submitted in writing to the Board in accordance with Section 34-221 and shall contain the following information:
(1) 
The specification of one or more of the following proposed actions:
a. 
Add a substance or compound to the list;
b. 
Delete a substance or compound from the list;
c. 
Modify the classification of a regulated toxic air pollutant named on the list;
d. 
Modify or add an ambient air limit of a regulated toxic air pollutant named on the list;
e. 
Modify a time adjustment factor of a regulated toxic air pollutant named on the list;
f. 
Modify an occupational exposure limit of a regulated toxic air pollutant named on the list; or
g. 
Modify a de minimus emission level of a regulated toxic air pollutant named on the list; and
(2) 
A statement of the reason(s) with data and documentation which support the proposed revision to the list based on generally accepted scientific principles which demonstrate:
a. 
For each proposed addition to the list, that the substance or compound is known to cause or can reasonably be anticipated to cause in humans as a result of exposure to such substance or compound, any of the health effects as listed below:
1. 
Acute;
2. 
Chronic;
3. 
Mutagenic;
4. 
Reproductive; or
5. 
Developmental;
b. 
For each proposed deletion from the list, that the substance or compound cannot reasonably be anticipated to cause in humans as a result of exposure to such substance or compound, any of the health effects as listed in Subsection (c)(2)a., above; or
c. 
For each modification to the list, that the parameter in question causes the substance or compound to be:
1. 
In the case of a petition for stricter regulatory control of the substance or compound, known to cause or can reasonably be anticipated to cause any of the health effects as listed in Paragraph a, above in humans, as a result of exposure to the regulated toxic air pollutant at such parameter; or
2. 
In the case of a petition for more lenient regulatory control of a substance or compound, not reasonably anticipated to cause any of the health effects as listed in Paragraph a, above in humans, as a result of exposure to the regulated toxic air pollutant at such parameter.
[Ord. No. 2002.112, § 4-801, 11-6-2002]
(a) 
Any person who owns or is in control of any stationary source or process for which a City of Biddeford air toxics emissions permit was granted may apply to the Board for a variance from any requirement under this article or under a permit issued pursuant to this article, except as otherwise provided for the addition, deletion, and modification of an ambient air limit established under this article. The petition must be accompanied by such information and data as the Board may reasonably require. The Board may grant the variance, with or without conditions, following a hearing, if it finds that:
(1) 
Any emission of a regulated air toxic pollutant occurring or proposing to occur under the variance will not threaten or cause imminent or serious harm to public health, welfare or safety.
(2) 
The enforcement of the requirement(s) for which the variance is sought would produce serious hardships on the petitioner.
(3) 
The variance will not cause or contribute to a violation of any other applicable provision of state or federal law, or of any other state or federal permit or license issued to the petitioner, and any other ordinance of the City of Biddeford.
(b) 
In determining under what conditions and to what extent the variance may be granted, the Board shall give due recognition to the progress which the person requesting the variance shall have made in reducing and eliminating the emission of regulated air toxics, the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of the emissions.
(c) 
Any variance granted hereunder on the ground that there is no practical means known or available for the adequate prevention, abatement or control of the air pollution involved, is to be in effect only until the necessary means for the prevention, abatement or control become known and commercially available and subject to the taking of such reasonable substitute or alternate measures as the Board may prescribe.
(d) 
Any variance may be renewed, following a hearing, on terms and conditions and for periods which would be appropriate on initial granting of a variance. No variance shall be construed to relieve the petitioner receiving it from liability imposed by state or federal law or maintenance of a nuisance.