Subdivision I. Short Title and Definitions
[Ord. No. 2002.112, § 5-101, 11-6-2002]
This division shall be known and may be cited as "Biddeford Air Toxics Emissions Ordinance: Monitoring, Recordkeeping and Reporting."
[Ord. No. 2002.112, § 5-102, 11-6-2002]
The provisions of this section shall be applicable to any stationary source or process subject to the requirement to obtain a Biddeford air toxics permit under Division 4 and to any stationary and area source and process which emits a regulated air toxic pollutant for purposes of establishing an inventory of such emissions.
[Ord. No. 2002.112, § 5-201, 11-6-2002]
(a) 
General recordkeeping requirements for process operations. The owner or operator of each process operation shall keep monthly records or records for a time period as approved by the Board of raw material utilization in accordance with the following:
(1) 
Records shall be kept regarding the total quantities of all raw materials utilized in each process which are required to calculate emissions, verify applicability and compliance with all emission limitations, or to verify production capacities and quantities; and
(2) 
All relevant material safety data sheets and certified product data sheets.
(3) 
Sources operating one or more processes which emit air pollutants through more than one emission point shall record the hours of operation of each process so that the distribution of the raw materials or emissions among such emission points can be estimated. Where the ECO determines that two or more production lines are manufacturing similar products using the same equipment, the same venting and exhaust systems and the same raw materials, the production shall be considered a single process.
(b) 
General recordkeeping requirements for combustion devices.
(1) 
The owner or operator of a combustion device not exempt under Section 34-241(b) shall maintain monthly records or records for a time period as approved by the Biddeford Environmental Board of representative fuel characteristics and utilization, including primary, secondary, tertiary and auxiliary fuels in accordance with the following:
a. 
For applicable solid fuels, any fuel mixture, including coal, refuse-derived fuel ("RDF"), solid waste, hazardous waste, and biomedical waste:
1. 
Consumption;
2. 
Fuel type;
3. 
Ash content;
4. 
Sulfur content as percent sulfur by weight of fuel; and
5. 
BTU content per pound of fuel;
6. 
Ultimate fuel analysis;
7. 
Metal and other toxic species as specified by the Board.
All such solid fuel and waste fuel analysis is to be performed using a sampling and analysis plan approved by the ECO.
(c) 
General recordkeeping requirements for sources with continuous emissions monitoring systems.
(1) 
The owner or operator of a stationary source, with a certified continuous emissions monitoring system subject to Maine Code of Regulations shall maintain records in accordance with the provisions of 06 096 CMR 117 and all applicable federal regulations.
(2) 
The owner or operator of a stationary source with a non-certified continuous emissions monitoring system that does not meet the requirements of 06 096 Code of Maine Rules 117, shall maintain records in accordance with the following:
a. 
Measurements of emissions as output on an instrument recorder if applicable, or as manually recorded on log sheets as part of a data collection procedure;
b. 
Number of hours of operation of the process or combustion device on which the continuous emissions monitor is located;
c. 
Number of hours of downtime of the continuous emissions monitoring system during the time period when the process or combustion device is in operation; and
d. 
Frequency and results of calibrations performed.
[Ord. No. 2002.112, § 5-202, 11-6-2002]
The owner or operator of any stationary source, area source, or device subject to this division shall maintain additional records, as required by the Board for the purpose of demonstrating compliance with this article.
[Ord. No. 2002.112, § 5-301, 11-6-2002; Ord. No. 2006.37, 6-6-2006]
(a) 
The owner or operator of any stationary source, area source or device subject to this division shall submit an annual emissions report.
(b) 
The annual emissions report pursuant to Subsection (a) above, shall include the following information:
(1) 
The actual emissions of the stationary source, area source or device and the methods used in calculating such emissions in accordance with the procedures specified in Section 34-372;
(2) 
For process operations, all information in accordance with Section 34-361(a);
(3) 
For combustion devices, all information in accordance with Section 34-361(b); and
(4) 
The actual annual emissions speciated by individual regulated toxic air pollutants.
(c) 
The annual emissions report pursuant to Subsection (a) above, shall be submitted to the Board on or before April 1, 2003, and every year thereafter by the same date covering emissions for the prior calendar year.
(d) 
The owner or operator of any stationary and area source or process which emits any regulated air toxic pollutant above the facility threshold limits established in Table I of this article shall report such emissions to the Biddeford Environmental Code Officer in such manner and in such form as required by the City consistent with the applicable provisions of this article.
[Ord. No. 2002.112, § 5-302, 11-6-2002]
The owner or operator of any stationary source or process subject to the permitting requirement under this article shall submit additional reports, required by the Board, for the purpose of demonstrating compliance with all requirements of this article.
[Ord. No. 2002.112, § 5-401, 11-6-2002]
The purpose of this subdivision is to establish the recordkeeping and reporting requirements for a facility owner or operator, in the event of a permit deviation.
[Ord. No. 2002.112, § 5-402, 11-6-2002]
In the event of a permit deviation, the owner or operator of the affected stationary source, process, or air pollution control equipment shall:
(1) 
Investigate and take corrective action immediately upon discovery of the permit deviation to restore the affected device, process, or air pollution control equipment to within allowable permit levels; and
(2) 
Record the following information:
a. 
The permit deviation;
b. 
The probable cause of the permit deviation;
c. 
The date of the occurrence;
d. 
The duration;
e. 
The specific device that contributed to the permit deviation; and
f. 
Any corrective or preventative measures taken.
[Ord. No. 2002.112, § 5-403, 11-6-2002]
(a) 
If the permit deviation referenced in Section 34-382 does not cause excess emissions, but continues for a period greater than nine consecutive days, the source shall notify the ECO by telephone or fax on the 10th day of the permit deviation, unless it is a Saturday, Sunday, or state or federal legal holiday, in which event, the ECO shall be notified on the next day which is not a Saturday, Sunday, or state or federal legal holiday, of the subsequent corrective actions to be taken.
(b) 
In the event of a permit deviation that causes excess emissions, the owner or operator of the affected device, process, or air pollution control equipment shall:
(1) 
Notify the ECO of the permit deviation and excess emissions by telephone or fax, within 24 hours of discovery of the permit deviation, unless it is a Saturday, Sunday, or state or federal legal holiday, in which event, the ECO shall be notified on the next day which is not a Saturday, Sunday, or state or federal legal holiday; and
(2) 
Submit a written report, in accordance with Subsection (d) below, to the ECO within 10 days of discovery of the permit deviation reported in Subsection (b)(1), above.
(c) 
In the event of a permit deviation caused by a failure to comply with the data availability requirements of continuous emissions monitor the owner or operator of the source shall:
(1) 
Notify the ECO of the permit deviation by telephone or fax, within 10 days of discovery of the permit deviation; and
(2) 
Report the permit deviation to the ECO, as part of the excess emissions report submitted in accordance with this section.
(d) 
The written report, pursuant to Subsection (b)(2) above, shall include the following information:
(1) 
Facility name;
(2) 
Facility address;
(3) 
Name of the responsible official employed at the facility;
(4) 
Facility telephone number;
(5) 
Date(s) of the occurrence;
(6) 
Time of the occurrence;
(7) 
Description of the permit deviation;
(8) 
The probable cause of the permit deviation;
(9) 
Corrective action taken to date;
(10) 
Preventative measures taken to prevent future occurrences; and
(11) 
Date and time that the device, process, or air pollution control equipment returned to operation in compliance with an enforceable emission limitation, or operating condition;
(12) 
The specific device, process or air pollution control equipment that contributed to the permit deviation;
(13) 
The type and quantity of excess emissions emitted to the atmosphere due to the permit deviation, if applicable; and
(14) 
The calculation or estimation used to quantify the excess emissions, if applicable.
[Ord. No. 2002.112, § 5-501, 11-6-2002]
Any source subject to the requirements of this division shall maintain records of emission measurements, continuous monitoring system performance testing measurements, performance evaluations, calibration checks, and adjustments and maintenance performance on each monitoring system and any other records required pursuant to 40 CFR Part 51, Appendix P. Such records shall be maintained on site for at least five years and must be available to the Board upon written or oral request.
[Ord. No. 2002.112, § 5-502, 11-6-2002]
(a) 
All sources required by state or federal requirements to operate a CEMS shall provide the Board with emission reports for opacity excess emission and gaseous excess emissions on a quarterly basis within 30 days of the last date of the reporting period. These reports shall be in a format approved by the Board and shall include the following information:
(1) 
The name of the air contaminant emission standard exceeded:
(2) 
The air contaminant emission standard;
(3) 
The amount of air contaminant emitted in excess of the applicable emission standard expressed in the units of the standard;
(4) 
Date and time of commencement and completion of each time period of excess emission;
(5) 
Specific cause of the excess emission and the corrective action taken;
(6) 
Date and times of each period where the CEMS was not operational, and the total percentage of the source operating time when the CEMS was not operational;
(7) 
Specific cause of each period where the CEMS was not operational, and the corrective action taken;
(8) 
Date and times of each period where the CEMS was out of control and the total percentage of the source's operating time when the CEMS was out of control; and
(9) 
Specific cause of each out-of-control period and the corrective action taken.
(b) 
When no excess emissions have occurred and the CEMS have not been inoperative, repaired, or adjusted, such information shall be provided in a quarterly report.
[Ord. No. 2002.112, § 5-503, 11-6-2002]
Any source subject to the requirements of this division shall at its own cost and in consultation with the ECO place a CEM (read out) at a location in the offices of the ECO at the ECO's designation. Emission monitoring data shall be linked to City computers, and continuously transmitted as required under the permit to operate. The source's next annual fee due under Section 34-214 of this article shall be reduced by an amount equal to the costs of the equipment and of establishing transmission of the data in complying with this section.
[Ord. No. 2002.112, § 5-601, 11-6-2002]
(a) 
Any owner or operator of a source or device subject to this chapter shall keep the required records on file for a minimum of five years.
(b) 
Facilities subject to the requirements of this article, shall maintain records in accordance with the applicable method used to demonstrate compliance pursuant to Division 5.
(c) 
Subject to Section 34-204 of the article, all data submitted to the Board and ECO shall be available to the public.