JOHN ELIAS BALDACCI

GOVERNOR 

### MEMORANDUM

TO : BoardofEnvironmental Protection FROM : Jeffrey S. Crawford, Bureau of Air Quality DATE: March 6, 2008 RE: State Implementation Plan (SIP) Submittals- Section 110(a)(2)(D)(i) Plan DAVID P LITTELL COMMISSIONER

Adoption. Statutory and_Regulatory Reference: A . Statutory authority. STATE OF MAINE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

38 MRSA Section 585-A provides that the Board of Environmental Protection "may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution." Section 107(a) of the 1990 Clean Air Act Amendments (CAA) provides that "Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national ambient primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State." Section 110of the CAAprovides that each state shall, after reasonable notice and public hearing, adopt and submit a plan which provides for the implementation, maintenance and enforcement of national ambient air quality standards. This plan, known as a State Implementation Plan (SIP) consists of the regulations and planning documents a state has developed to meet these air quality standards. As the rulemaking body of the Department of Environmental Protection, the Board may hold public hearings, and has traditionally been responsible for approving non-regulatory SIPsubmittals. AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 287-7688 FAX : (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 web site: www

.maine.gov/dep printed on recycled paperB. Specific legal mandates requiring adoption. Section 110(a)(2)(D)(i) of the CAArequires each state to adopt a SIPwithin three years after promulgation of a national ambient air quality standard (NAAQS) containing adequate provisions: Prohibiting, consistent with the provisions ofthis title, any source or other type of emissions activity within the State fromemitting any air pollutant in amounts which will (I) (II) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national ambient air quality standard, or interfere with measures required to be included in the applicable implementation plan for any other State under part C to prevent significant deterioration ofair quality or toprotect visibility. Location/Applicability: The proposed SIPamendments apply statewide. Description: OnJuly 16, 1997, EPAissued updated final air qualitystandards for 8-hour ozone and PMZ,51 . Due to litigation, there were significant delays in the implementation of the new standards and associated planning efforts by both EPAandthe states, including section 110(a)(2)(D)(i) submittals. On April 25, 2005, EPApublished a finding that States had failed to make the required section 110(a)(2)(D)(i) SIPsubmissions pertaining to the interstate transport of ozone and PM2

.5. The finding of failure to submit action requires EPAto issue a final Federal Implementation Plan (FIP) to meet the requirements of section 100(a)(2)(D)(i) for both the 8- hour ozone and PMZ_5standards unless EPA approves a state SIP submission to meet those requirements. Usingair quality data analysis techniques and air quality modeling conducted by EPAin support of theClean Air Interstate Rule, this SIPrevision demonstrates that emissions fromMainedo not contribute significantly to other state's nonattainment or interfere with maintenance of the 8-hour ozoneor PM2

.5NAAQS, or otherwise interfere with visibility protection or other state's efforts to prevent significant deterioration of air quality. On December 6, 2007, the Board posted the proposed SIP amendments to a 30-day public comment period, with an opportunity to request a public hearing. The Department did not receive anycomments or requests to hold a public hearing on this proposal .

1 Particulate matter with a diameter of less than 2.5 microns.Environmental Issues:

Ground level ozone is responsible for exacerbating a variety of respiratory ailments, such as asthma. Although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that involves physical exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. Fine particulates, or PMZ.5, also pose a significant public health threat, with health effects including premature death and increased hospital admissions and emergency room visits (primarily the elderly and individuals with cardiopulmonary disease) ; increased respiratory symptoms and disease (children and individuals with cardiopulmonary disease such as asthma) ; decreased lung function (particularly in children and individuals with asthma) ; and alterations in lung tissue and structure and in respiratory tract defense mechanisms. Departmental Recommendation: The Department recommends that the Boardadopt the proposed SIPamendments as submitted. EstimatedTime ofPresentation: 10minutes.