JOHN ELIAS BALDACCI

GC)VFqNOR MEMORANDUM TO : FROM : DATE: Board of Environmental Protection

Je'ffre STATE OF MAINE

DEPARTMENT OF ENVIRONMENTAL PROTECTION

ar wford, Bureau ofAir Quality June 18, 2009 DAVID P . LITTELL COMMISSIONER

RE: State Implementation Plan (SIP) Submittals- RACT Certification. Statutory and Re2ulatory Reference: A . Statutory authority.

Section 182 of the CAAsets forth two separate Reasonably Available Control Technology (RACT) requirements for ozone nonattainment areas. The first requirement, contained in section 182(a)(A) of the CAA, and referred to as RACT fix-up, requires the correction of RACT rules for which EPAidentified deficiencies before the CAA was amended in 1990 . Maine has no deficiencies to correct under this section of the CAA . The second requirement, set forth in Section 182(b)(2) ofthe CAA, applies to moderate or worse ozone nonattainment areas as well as to marginal and attainment areas in Ozone Transport Regions established pursuant to Section 184 ofthe CAA, and requires these nonattainment areas to implement RACT controls on all major VOCand NOx emission sources 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 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." B. Specific legal mandates requiring adoption.

we6 sae: -w,-une.zov-dep printed on recycled paperand on all sources andsource categories covered by a Control Technique Guideline document issued by EPA . Location/Applicabi lity: The proposed SIP amendments applystatewide. Description: RACT is defined as the lowest emission limitation that aparticular source is capable of meeting by the application ofcontrol technologythat is reasonably available considering technological and economic feasibility. RACT requirements are included in the CAAto assure that significant source categories at major sources ofozone precursor emissions (VOV and NOx) are controlled to a "reasonable" extent, but not necessarily to the more stringent Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) levels expected ofnew sources. According to EPA's Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard (70FR 71612, November 29, 2005) areas classified as "moderate" nonattainment or higher must submit a demonstration that their current rules fulfill 8-hour ozone RACT requirements for all Control Technique Guideline (CTG) categories andall major, nonCTGsources as a revision to their State Implementation Plans (SIPs) . This demonstration canbe made with either a new RACT determination or a certification that previously-required RACT controls represent RACT for the 1997 8-hour ozone standard. The certification process beganwith the Department's staffreviewing thefederal andstate requirements, including CTGs, Available Control Technology (ACT) documents, federal Standards of Performancefor New Stationary Sources (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS), and Maximum Available Control Technology (MACT) for the applicable source categories. Each regulation adopted by the Department has been evaluated against applicable CTGs and ACTs, andfound to fulfill RACT for all applicable source categories with the exception ofasphalt pavingI . Maine determined that its previous asphalt paving regulations no longer constituted RACT under the 8-hour ozone standard. During its review ofadditional control measures that states should consider adopting as part ofthe OTC regional 8-hour ozone attainment strategy, the Ozone Transport Commission identified asphalt paving as a category where further VOCemission reductions could be achieved. After reviewing the OTC model rule, along with regulations in other northeastern states, Maine has is proposing to amend its Chapter 131 Cutback and Emulsified Asphalt rule to limit the VOCcontent ofcutback and emulsified asphalt, eliminate exempted uses ofcutback asphalt, and extend the scope ofthe regulation to all asphalt paving activities2.

~ The Department identified 35 source categories for which EPAissued a CTGpriorto November 29, 2005 and for whichdeterminations of RACT with respect to the 1997 ozone standard were required to be included in this SIP revision. Of these 35 CTGcategories, Maine has identified applicable sources in 19. There are no existing sources for the remaining 16 CTGsource categories, and theDepartment is reaffirming its negative declaration forthese categories. 2 This action is a separate rulemaking with a public hearing scheduled forJune 18, 2009.The CAAalso requires RACT be applied to any major existing stationary source with the

potential to emit 50tons or greater per year ofVOCor 100tons or greater ofNOx in the Ozone Transport Region. Maine's Chapter 134 ReasonablyAvailable Control Technology for Facilities that Emit Volatile Organic Compounds (VOC RACT) rule applies to all Mainesources with potential VOCemissions of 40tpythat are not regulated specific regulation3, while the Chapter 138 Reasonably Available Technology For Facilities that Emit Nitrogen Oxides (NOx RACT) rule applies to all Maine sources with potential NOx emissions of 100tpy that are not located within the region subject to the section 182(f) NOxwaiver. After reviewing all existing major stationary sources ofVOCand NOx, the Department determined that although all major sources in Maine are meeting the RACT requirements, the McCain Foods USA, Inc. Tatermeal Facility VOCRACT determination4was never submitted to EPAfor inclusion in the SIP. The Department is therefore including this Air Emission License (#A-459-71 -D-A) in this proposal . 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. Departmental Recommendation: The Department recommends that the Board post the proposed SIP amendments to a 30-day public comment period with opportunity to request a public hearing. Estimated T

imeof Presentation: 15 minutes.

3 Specific processes at these facilities may be covered by aCTG . 4