• 

STATE OF MAINE 

D E PARTMENT OF ENVIRONMENTAL PROTECTION 

PAUL R. LEPAGE 

GOVERNOR 

PATRICIA W. AHO 

COMMISSIONER 

UGUSTA 

August 31,2012 

David Conroy, Chief 

Air Programs Branch 

U.S. EPA Region 1-NE 

5 Post Office Square 

Mail Code: OEP 05-2 

Boston, Ma. 02109-3912 

Dear Mr. Conroy: 

Enclosed please find for your approval and inclusion into Maine1

s State Implementation Plan 

(SIP), amendments to the Chapter 114, Classification of Air Quality Control Regions rule. 

A public comment period was held from June 13, 2012 until July 13, 2012 in accordance with 

federal and state administrative requirements. Public notice of the hearing was published in 

newspapers statewide on June 13, 2012. The Department did not receive any comments on its 

proposal, and adopted the amended Chapter 114 on August 9, 2012. 

The following administrative materials are enclosed: 

1. Memorandum to the Commissioner, Maine Department of Environmental Protection 

requesting a public comment period dated Aprill2, 2012; 

2. Copy of the public notice that appeared in the newspapers statewide on June 13, 2012; 

3. Memorandum to the Commissioner, Maine Department of Environmental Protection 

requesting adoption of the rule, dated July 20, 2012; 

4. Chapter 114 Classification of Air Quality Control Regions as adopted by the Department on 

August 9, 2012 with an effective date of August 29, 2012; and 

7 STAT!\ I [OUSE STATION 

UGUST A, MJ\JNE 04333-0017 

BANGOR 

106 !lOGAN ROi\D, SUITE 6 

BANGOR, MAINE 04401 

PORTLAND 

312 CANCO ROAD 

PORTl.AND, MAINE 0410.> 

PRESQUE ISLE 

1235 CENTUAI. DRIVE, SKYWAY PARK 

PRESQUE ISLE, MAINE 04769-2094 

(207) 764-0477 FAX: (207) 760-3 143 

207) 287 7688 FAX: (207) 287-7826 

t\Y OJ.DG., IIOSI'ITAI. ST. 

'Cb ~ite : www.mainc.gov/dep 

(2117) 941 45 70 I· A X: (207) 941 -4584 (207) 822 6300 I' AX: (207) 822-6303 
Letter to David Conroy 

August 31, 2012 

Page 2 of2 

5. MAP A I form for Chapter 114 which provides certification by the Commissioner that a 

public comment period was held; the Department lawfully adopted this rule on August 9, 

2012 and certification that the Attorney General approved the rule as to form and legality. 

The Department will also be submitting exact electronic copies (pdf) of all enclosed materials. 

Should you have any questions, please contact Jeffrey Crawford at (207) 287-2437. 

Sincerely, 

p~~os--- Melanie Loyzim, Director 

Bureau of Air Quality 

Enclosures 

cc: Anne Arnold 

Patricia Abo w/o encl 

Jeff Crawford w/o encl 

SIP file 
Briefing Document to Commissioner 

Date:4/12/20 12 

Commissioners Public Hearing Briefing Memo 

AGENCY: Department of Environmental Protection 

NAME, ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON: 

Jeffrey S. Crawford 

Department of Environmental Protection 

l 7 State House Station 

Augusta, ME 04333-00 17 

207-287-764 7 

Email: jeff.s.crawford@maine.gov 

CHAPTER NAMES AND RULE TITLES: Chapter 114 Classification of Air Quality Control Regions 

(Amendments) 

STATUTORY AUTHORITY:These routine technical rules are being amended under the Department's general 

rulemaking authority at 38 MRSA Section 585-A, which states 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." In addition, statute at 38 MRSA Section 585-B states (in relevant part): "In 

addition to the ambient air quality standards set forth in section 584-A, any Class I region or part thereof within the 

State, including those federal lands designated by the Federal Clean Air Act Amendments of 1977, is subject to a 

maximum allowable increase in concentration of sulfur dioxide, particulate matter and nitrogen oxides over the 

baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period 

other than an annual period." 

These rules are a federal mandate pursuant to Section 107 of the Clean Air Act, which requires the establishment of 

air quality control regions for the purpose of implementing the national ambient air quality standards and Title I, Part 

C of the Clean Air Act, which addresses the prevention of significant deterioration of air quality. 

PROPOSED DATE AND PLACE OF PUBLIC HEARING: TBD 

PROPOSED PUBLICATION DATE: TBD 

PROPOSED COMMENT DEADLINE: TBD 

DID YOU CONSIDER ALTERNATIVE PATHS TO RULEMAKING: Alternative ru1emaking paths such as a 

formal stakeholder process are generally unnecessary and inappropriate for a rulemaking that does not impose or 

remove any regulatory requirements. The proposed amendments to Chapter 114 simply update the existing rul.e to 

reflect current attainmentlnonattainment status and clarify other provisions. 

PRINCIPAL REASON OR PURPOSE FOR PROPOSING THIS RULE: The proposed amendments update 

Chapter 114 to reflect Maine's attainment status for the 8-hour ozone NAAQS and clarify that the Moosehorn 

Wilderness Area located in Moosehorn National Wildlife Refuge is a Class I area (the entire refuge is not a Class I 

area). In addition, the proposal clarifies that when redesignating an area, the requirement to hold a public hearing in 

the area being redesignated applies only for prevention of significant deterioration purposes (aligning the hearing 

requirement with statute at 38 M.R.S.A 585-B 

8/30/2012 Commissioner's Briefing Memo.doc 
Briefing Document to Commissioner 

Date:4/12/20'l. 2 

BACKGROUND AND IMPORTANT INFORMATION: 

• List possible Opponents and Proponents: Staff does :not expect any opposition to this proposal. 

• Direct and Immediate threat to public health, safety and/or welfare: Chapter 114 also indicates 

where the different classes of increments apply in order to comply with federal prevention of 

significant deterioration permitting requirements. The proposed amendments will update Chapter 

114 to reflect the current ozone attainment status of Maine. 

• Factual and Policy Justification and/or issues: The proposed amendments were identified as part 

of the Deaprtmeut' s 2 0 II Regulatory Assessment project. 

• Federal law consistency (If different explain): This proposal is consistent with federal 

requirements in the 1990 Clean Air Act Amendments. 

• Is this rule the result of stakeholder work? (What was the consensus): No. Staff will be 

soliciting input on its working draft proposal from U.S. EPA before initiating formal rulemaking. 

FISCAL IMP ACT OF THE RULE: (if no please explain why) (5 M.R.S.A. §8063-A and §8052-5A) 

• Fiscal Impact to Small Business, Regulated Community and Municipalities: This proposal will 

not have a have fiscal impact on small businesses, the regulated community, or municipalities. 

• Fiscal Impact to State Government (Department or other agencies): This proposal will not have 

a fiscal impact on state government 

• Benefit Cost Analysis (extent permitted by existing budgeted resources (LD 1 Part B)) (When 

conducting benefit and cost analysis consider significance of the impact, the larger the impact 

the more in depth the analysis needs to be): The Department did not undertake a benefit cost 

analysis on this proposal since it neither establishes nor removes any regulatory requirements. 

• Other Fiscal issues which should be considered: 

Note: Please attach copies of proposed rules. 

8/3012012 Commissioner's 11rieting Memo. doc 
June 13, 2012 Rule-making N e-State of Maine, USA 

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June 13, 2012 

WEEKLY NOTICES OF STATE RULE-MAKING 

Public Input for Proposed and Adopted Rules 

Page 1 of3 

State Search: 

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Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of 

any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If 

no hearing is scheduled, you may request one •• the agency may then schedule a hearing, and must do so if 5 or more 

persons request it . If you are disabled or need special services to attend a hearing, please notify the agency contact person 

at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must 

provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if 

the petition is signed by 150 or more registered voters, and may begin rule-making if t here are fewer. You can also petition 

the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 

04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will 

review a rule upon receipt of a petition from 100 or more registered voters, or from " ... any person who may be directly, 

substantially and adversely affected by the application of a rule ... " (Title 5 Section 11112). World-Wide Web: Copies of 

the weekly notices and the full texts of adopted rule chapters may be found on the internet at: 

tto://ww .mai _~v/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each 

agency. 

---------------- ·- ·· -.,·--------- ---------------------·------- PROPOSALS 

AGENCY: 65-407- Maine Public Utilities Commission (PUC) 

CHAPTER NUMBER AND TITLE: 

Ch. 302, Consumer Education Program; Electric I ndustry Restructuring 

Ch. 303, Employee Transition Benefits 

PROPOSED RULE NUMBER: 2012·P113 and P114 

CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS INFORMATION: Mitch Tannenbaum, Public Utilities Commission, 

18 State House Station, Augusta, ME 04333. Telephone: (207) 287-1391. E-mail: Mitcbei!.Tannenbaum@Majoe.gov. 

PUBLIC HEARING: No hearing 

COMMENT DEADLINE: July 13, 2012 

BRIEF SUMMARY: The Public Utilities Commission proposes to repeal Ch. 302 and 303 of the PUC rules because both 

chapters were time-limited and are no longer relevant. 

IMPACT ON MUNICIPALITIES OR COUNTIES: Minimal 

STATUTORY AUTHORITY FOR THIS RULE: 35-A MRSA §§ 104, 111, 301, 1301, 1303, 1306, 3201, 3213(2) and 35-A MRSA 

§§ 3202·3217 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: http://www.maine.gov/mouc/ . 

PUC RULE-MAKING LIAISON: Paula.Cyr@Maine.gov . 

-------------.. - -.-............ -...... -----..... -·---···---·- ------------... -.. ---·---····· .. ·--··"-'"''"'"''''''""""" __ _ AGENCY: 18-125 ·Department of Admini.strative & Financial Services (DAFS), Bureau of Revenue Services 

CHAPTER NUMBER AND TITLE: Ch. 80 5, Composite Filing 

PROPOSED RULE NUMBER: 20 12·Pll5 

CONTACT PERSON FOR THIS FlUNG/ SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 

State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette. M.Ardry@Maine.gov . 

PUBLIC HEARING: None scheduled at this time 

COMMENT DEADLINE: July 16, 2012 

BRIEF SUMMARY: MRS is proposing to amend a Rule 805 ("Composite Filing"). The following changes are being made t·o 

the proposed Rule. The definition of "Eligible person" is reworded to be more precise. Section 3 and Section 5 are amended 

to make clear that an eligible person cannot join In a composite return and claim a business credit for which an income 

modification or election is required. Section 2 is amended to strike the mention of a schedule that is no longer available. A 

copy of the proposed Rule can be found on the MRS website at www ma ioe.gg.llf.r:~ (select Laws & Rules). 

IMPACT ON MUNICIPALITIES OR COUNTIES: None. 

STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 112, 5192 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Part 8 

WEBSITE: http://www.maine.gov/revenue/ . 

http:/ /www.maine.gov/sos/cec/rules/notices/20 12/061312.html 8/30/2012 
June 13, 2012 Rule-making l'T · ~e - State of Maine, USA 

OAFS RULE-MAKING LIAISON: Jennjfer.M.Smith@Maine.goy. 

AGENCY: 18-125 - Department of Administrative & Financial Services (OAFS), Bureau of Revenue Services 

CHAPTER NUMBER AND TITLE: Ch. 901, Maine Residents Property Tax Program 

PROPOSED RULE NUMBER: 2012-P116 

Page 2 of3 

CONTACT PERSON FOR THIS FlUNG/ SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., Maine Revenue Services, 24 

State House Station, Augusta, Maine 04333. Telephone: (207) 624-9725. E-mail: Nanette. M.Ardry@Majne.goy . 

PUBLIC HEARING: None scheduled at this time 

COMMENT DEADLINE: July 16, 2012 

BRIEF SUMMARY: MRS is proposing to amend a Rule 901 ("Maine Residents Property Tax Program"). The following changes 

are being made to the proposed Rule. Sections .01(A) and .02(A) are amended to reflect recent legislation that allows a 

claimant to claim a property for which ownership was transferred pursuant to an agreement to remain in possession of the 

property. A definition of ~dwelling" is added to section .02(A). Section .04 is amended to exclude property taxes abated for 

infirmity or poverty from definition of ~property taxes accrued" in response to recent legislation and to add a section on 

parts of larger units to reflect existing statutory language. Language related to exclusions from rent in section .OS is 

revised and first time claimants with rent above $9,000 annually must provide proof of rent in response to recent 

legislation requiring rulemaking. A copy of the proposed Rule can be found on the MRS website at www .maine.goy/reyeoue 

(select Laws & Rules). 

IMPACT ON MUNICIPALITIES OR COUNTIES: None. 

STATUTORY AUTHORITY FOR THIS RULE: 36 MRSA §§ 112 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 36 MRSA Ch. 907 

WEBSITE: htto://www.maine.gov/revenue/ . 

OAFS RULE-MAKING LIAISON: Jennjfer.M.Smith@Maine.goy . 

AGENCY: 05-071 - Department of Education (DOE) and State Board of Education 

RULE TITLE OR SUBJECT: Ch. 114, Purpose, Standards and Procedures for the Review and Approval of Preparation 

Programs for Education Personnel. 

PROPOSED RULE NUMBER: 2012-P117 

CONCISE SUMMARY: This chapter contains the Educational Personnel Policy statement and the State Board of Education 

adopted procedures and standards for the review and approval of higher education programs t hat prepare professional 

educators. The Department of Education and the State Board of Education propose to amend the rules governing 

preparation of teachers and school leaders by replacing, adopting and infusing educator preparation program approval 

standards as regards both pre-service and in-service teachers, school building leaders, district level leaders and 

nontraditional path candidates leading to educator certification in Maine; to adopt national educational technology 

standards to be met by all initial teacher and school leader candidates prior to seeking educator certification; to infuse 

standards applicable to course delivery, whether such courses are offered in a face-to-face, a hybrid/blended, an online, or 

a dual method mode, as quality assurance measures to be employed by all of Maine's educator preparation programs; and 

to refine definitions and revise certain procedures in the program approval process for higher education units that prepare 

professional educators. Ch. 114 last underwent a comprehensive review in 2006; since that time a number of refinements, 

updates and revisions have become necessary. The proposed amendments to rule represent implementation of a 

performance-based system of initial and on-going certification for classroom teachers, school building leaders, and school 

district leaders. 

PUBLIC HEARING: Friday, July 6, 2012, 9:00a.m. - 11:00 p.m., Cross State Office Building. Room 103 (A&B), Augusta, ME 

DEADLINE FOR COMMENTS: Written comments may be submitted to Department of Education- Attention: Harry Osgoodby 5:00p.m., Monday, July 23, 2012 

AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station A, Augusta, ME 04333-0023. 

Telephone: (207) 624-6846. E-mail: Harry.Osqood@Maine.gov . 

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPAUTIES. 

STATUTORY AUTHORITY: 20-A MRSA §8; 20-A MRSA §§ 02(4), 405(3)(F), §406 

WEBSITE: http://www.ma!Oe.goy/doeL . 

DOE RULE-MAKING LIAISON: Greq.Scott@il'laine.gov . 

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI) 

RULE TITLE OR SUBJECT: Ch. 301, OFI Food Supplement Certification Manual, Rule #175P: Resource limit Increase, GLA 

Language Adj ustment - Alpha Index, pages 2 and 4, Table of Contents page 2, FS-111-1 page 1, FS-333- 1 pages 1 and 2 

PROPOSED RULE NUMBER: 2012-PUS 

CONCISE SUMMARY: 

1. Makes changes in the rule to remove the word "developmentally" from references to the disabled for group living 

arrangements (GLAs). 

2. This rule implements a federal change in the asset limit for households with elderly or disabled members, from $3,000 

to $3,250. 

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON THE ADMINISTRATIVE BURDENS OF SMALL BUSINESSES. 

THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPAUTIES. 

STATUTORY AUTHORITY: 22 MRSA §§ 42(8) and 3104; 7 C.F.R. 271.2; 7 C.F.R. 273.8 

PUBLIC HEARING: None scheduled 

http://www.maine.gov/sos/ccc/rules/notices/20 12/061312.htm1 8/30/2012 
June 13,2012 Rule-making}' ~e-State of Maine, USA Page 3 of3 

DEADLINE FOR COMMENTS: July 15, 2012 

AGENCY CONTACT PERSON: Karen Curtis, Food Supplement Program Manager, Department of Health and Human Services, 

Office for Family Independence, 11 State House Station, 442 Civic Center Drive, Augusta ME 04333-0011. Telephone: 

(207) 287-7118. TrY: (800) 606-0215. E-mail: Karen.L.Curtjs@t'la~. 

WEBSITE: http://www .mame.gov/dhhs/ofj/services/snap/lndex. html . 

DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov. 

AGENCY: 06-096 - Department of En viron m ental Protection ( DEP) 

CHAPTER NUMBER AND TITLE: Ch. 114, Classification of Air Quality Control Regions (Amendments) 

PROPOSED RULE NUMBER: 2012- P119 

CONTACT PERSON FOR THIS FILING I SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Dept. of Environmental 

Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: 

(207) 287-7641. E-mail: Jeff.S.Crawford@Maine.aov. 

PUBLIC HEARING: No public hearing scheduled; 30-day written comment period with an opportunity for a hearing. 

COMMENT DEADLINE: July 13, 2012, 5:00p.m. 

BRIEF SUMMARY: The proposed amendments update Ch. 114 to reflect Maine's attainment status for the 8-hour ozone 

NAAQS and clarify that only the Moose horn Wilderness Area located in Moose horn National Wildlife Refuge is a Class I a rea 

(the entire refuge is not a Class I area). In addition, the proposal clarifies that when redesignating an area, the 

requirement to hold a public hearing in the area being redesignated applies only for prevention of significant deterioration 

purposes (aligning the hearing requirement with statute at 38 MRSA 585-B. These amendments will be submitted to EPA 

for incorporation in the Maine State Implementation Plan. Copies of this proposal are available upon request by contacting 

the Agency contact person or on the DEP website at www.malne.goy/dep/rules/ . 

Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity 

for comment. Written comments may be submitted by mall, e-mail or fax to the contact person before the end of the 

comment period. To ensure the comments are considered, they must include your name and the organization you 

represent, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be 

scheduled if any requests are received prior to the close of the public comment period. 

IMPACT ON MUNICIPALITIES OR COUNTIES: None 

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: htto://www.malne.gov/dep/. 

DEP RULE-MAKING LIAISON: Terry.pawson@Maine.goy. 

ADOPTIONS 

AGENCY: 94- 270- Commission on Governmental Ethics and Election Practices 

CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions 

ADOPTED RULE NUMBER: 2012-166 (Final adoption, major substantive) 

CONCISE SUMMARY: The rule amendments would simplify the written statement required in the Commission's forms for 

volunteers who collect qualifying contributions for candidates; delete references to payments of matching funds to Maine 

Clean Election Act candidates; and require that records of vehicle travel be kept on or near the time of travel if a campaign 

is using Maine Clean Election Act funds to reimburse a candidate or volunteer for their vehicle travel; and increase the 

amount which a campaign must recover when selling personal property or equipment to a candidate after the election. 

EFFECTIVE DATE: July 11, 2012 

AGENCY CONTACT PERSON I RULE-MAKING LIAISON: Jonathan Wayne, Executive Director, Commission on Governmental 

Ethics and Election Practices, 135 State House Station, Augusta, Maine 04333-0135. Telephone: (207) 287-3024. E-mail: 

Jonathao.Wayne@Maine.gov . 

WEBSITE: http://www.majoe.aoy/ethicsL . 

Majne.gov 1 505 Hgme I Cgntact Us 1 Site Po!jcjes 

Copyright © 2005 All rights reserved. 

http:/ /www.maine.gov/sos/cec/rules/notices/20 12/061312.html 8/30/2012 
Briefing Document to Commissioner -proposal for adoption 

Date: July 20,2012 

Commissioners Briefing Memo -Proposal for Adoption 

AGENCY: Department of Environmental Protection 

NAME, ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON: 

JeffreyS. Crawford 

Department of Environmental Protection 

17 State House Station 

Augusta, ME 04333-00 17 

207-287-7647 

CHAPTER NAME AND RULE TITLE: Chapter 114 Classification of Air Quality Control Regions 

STATUTORY AUTHORITY: Title 38 MRSA § 585-A 

DATE AND PLACE OF PUBLIC HEARING: No public hearing was held. This rule was noticed to a 

30-day public comment period. 

PUBLICATION DATE: May 23,2012 

COM1\'IENT DEADLINE: June 23, 2012 

LJ Amendments made to rule as result of comment- reviewed by AAG (enter date here ) 

~ No changes made to rule as a result of comment 

Summary of General Nature of Comments Received 

There were no comments on this proposal. 

Participants (if different from what was anticipated). 

N/A 

Economic benefit to regulated community, if any (e.g. financial I resource or no impact) 

This proposal will not have a fiscal impact on the regulated community. 

Note: Materials Attached: 

1. Rule- final format 

2. Rule- legislative format 

3. Basis Statement 

8/30/2012 ll4CommissioncrBricfingAdoptionMemo.doc 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 114: CLASSIFICATION OF Am QUALITY CONTROL REGIONS 

SUMMARY: This regulation determines those areas that have been officially 

found to be exceeding the ambient air quality standards and are therefore 

nonattainment areas. It also designates which class of increment that will apply 

in each area. 

1. For Prevention of Significant Deterioration purposes the Board hereby classifies Air Quality Control 

Regions as follows: 

A. The Metropolitan Pot1land Air Quality Region, Portland Peninsula Air Quality Region, Central 

Maine Air Quality Region, Downeast Air Quality Region, Aroostook Air Quality Region, and 

Northwest Maine Air Quality Region shall be Class II Regions. 

B. The Department shall have the authority to designate certain Regions or portions thereof as a 

nonattainment area according to the criteria and procedures set forth in the Federal Clean Air 

Act, as amended. 

C. The Board hereby recognizes the classification and regulatory requirements of those federal 

lands which have been established as mandatory Class 1 areas by the Federal Clean Air Act: 

Acadia National Park located in the Downeast and Central Maine Air Quality Regions; 

Moosehorn Wilderness Area located in Moosehorn National Wildlife Refuge located in the 

Downeast Air Quality Region; the Roosevelt Campobello International Park located in New 

Brunswick, Canada, and the Presidential Range Dry River Wilderness and Great Gulf Wilderness 

of the White Mountain National Forest in New Hampshire. Federal Class I areas may not be 

redesignated. 

( l) The Board identifies the following Integral Vistas: 

(a) ROOSEVELT CAMPOBELLO INTERNATIONAL PARK 

Observation Point 

Roosevelt Cottage and 

Beach Area 

View Angle Key Features 

*Estes Head 

*Eastport 

*North Lubec 

*Cobscook Bay 

*Shackford Head 

*St. Andrews 

*Friar's Head 

*Treat's Island 

*Passamaquoddy Bay 

*Deer Island 

*Indian Island 

*Rouen Island 

*Cherry Island 

*Thrumcap Island 

*Owen House 

Also viewed from 

*Portions viewed 

from Friar's Head 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

*Welshpool 

Friar's Head 1540-940 *Roosevelt Cottage *Portions viewed 

*Campobello Island from Roosevelt 

*Weir Cottage and 

*Friar's Bay Beach area. 

*Welshpool 

Wilson's Beach 

North Road 

*Head Harbour Passage 

Casco Island 

Green Island 

*Pope Island 

*Thrumcap Island 

*Cherry Island 

*Rouen Island 

*Indian Island 

*Deer Island 

*Passamaquoddy Bay 

*Old Sow Whirlpool 

St. Andrews 

*Eastport 

*Friar Roads 

*Estes Head 

*Perry 

*Shackford Head 

*Pembroke 

*Cobscook Bay 

*Treat's Island 

Major's Island 

*North Lubec 

*Passamaquoddy Dam (portion ot) 

Roger's Island 

Dudley Island 

*Johnson's Bay 

Pope's Folly 

Cutler Naval Radio 

Station 

Lubec 

Mulholland Point 

Lighthouse 

FOR Memorial Bridge 

South Lubec 

Grand Manan Island 

Con Robinson's Point 308°-150° Herring Cove Beach *Portions viewed 

Provincial Park from Liberty 

Eastern Head Point 

Chapter 114: Classification Of Air Quality Control Regions 

- 2-
06-096 

Liberty Point 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Herring Cove 

*Mainland New Brunswick 

*Point LaPreau 

*Wolf Islands 

*Atlantic Ocean 

*Grand Manan Island 

Ragged Point *Portions viewed from 

*Mainland New Brunswick Con Robinson's 

*Atlantic Ocean Point 

*Wolfislands 

*Grand Manan. Island 

Sail Rock 

West Quoddy Head Lighthouse 

South Lubec 

(b) ACADIA NATIONAL PARK 

Observation Point 

Cadillac Summit 

View Angle 

104°-140° 

Key Features 

Lamoine State Park 

Mt. Katahdin 

Frenchman Bay 

Lead Mountain 

Schoodic Mountain 

Gouldsboro Hills 

Calflsland 

Porcupine Islands 

Stave Island 

Jordan Island 

Ironbound Island 

Gouldsboro Bay 

Winter Harbor 

Turtle Island 

Egg Rock 

Atlantic Ocean 

(Gulf of Maine) 

Atlantic Ocean 

Otter Cove 

Baker Island 

Litt le Cranberry Island 

Duck Islands 

Chapter 114: Classification Of Air Quality Control Regions 

- "' j-
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Greater Cranberry Island 

Seal Harbor 

Sutton Island 

Long Island 

2120-2480 Placentia Island 

Sunset Point 1920-2280 Long Island 

Placentia Island 

Swan Island 

Great Gott Island 

Isle au Haut 

2560-3000 Camden Hills 

Bartlett Island 

Western Bay 

Blue HiH 

300°-3360 Thomas Island 

Frenchman Bay 

336°-12° Lamoine State Park 

Hull's Cove (Acadia 

National Park Visitor Center) 

Mt. Katahdin 

Duck Harbor Mountain 352°-5° Blue Hill 

Caterpillar Mountain 

3360-3520 Penobscot Bay 

Duck Harbor 

Mt. Ephra m 

Mt. Waldo 

Eagle Island 

310°-336° Islesboro Island 

Bald Rock Mountain 

Duck Trap Mountain 

285°-310° Megunticook Mountain 

Bald Mountain 

Dodge Mountain 

Vinalhaven Island 

2700-2850 Brimstone Island 

Vinalhaven Island 

Lighthouse Rock 

Chapter 114: Classification Of Air Quality Control Regions 

- 4 -
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Large Green Island 

Matinicus Island 

Ragged Island 

Wooden Ball Island 

Seal Island 

Atlantic Ocean 

D. Lands within the exterior boundaries of reservations of federally recognized Indian tribes may be 

redesignated only by the appropriate Indian governing body under the terms and procedures set 

forth in the Clean Air Act, 42 U.S.C.A. section 7474(e). 

E. Prior to proposing the redlesignation of any area for Prevention of Significant Deterioration 

purposes, the Board shall hold a public hearing which shall be conducted in the area proposed to 

be redesignated. Prior to the public hearing a report shall be made available with a description 

and analysis of health, environmental, economic, social and energy impacts of the proposed 

redesignation. Should the area proposed for redesignation include or be deemed to affect 

federally owned lands, the Board shall consult with the appropriate federal land manager prior to 

such redesignation. For the purpose of redesignating any areas other than those recognized 

mandatory Class I areas identified in Section l (C), the procedural requirements or 40 CFR 51.24 

(g) shall be followed. 

AUTHORJTY: 38 M.R.S.A., Sections 583-B, 585-A 

EFFECTIVE DATE: May 7, 1979 

Amended: February 10, 1981 

Amended: June 27, 1983 

Amended: December 18, 1985 

Amended: August 9, 1988 

Amended: October 25, 1989 

Amended: May 9, 1994 

Amended: August 29, 2012 

BASIS STATEMENT 

The basis of this regulation is to formally indicate where nonattainment areas are because air polluting 

sources located in them must take additional measures to reduce their emissions. This regulation also 

indicates where the di'fl'erent classes of increments apply in order to comply with federal PSD permitting 

requirements. Since it is possible to designate and redesignate the classification of areas, a means is 

necessary to inform the interested where the different classifications apply. 

BASIS STATEMENT FOR AMENDMENT OF JANUARY 14,1.980 

This regulation was amended to include the designation of the municipality of Lincoln as nonattainment 

for total suspended particulate. 

Chapter 114: Classification Of Air Quality Control Regions 

- 5-
06-096 DEPARTMENT OF ENViRONMENTAL PROTECTION 

BASIS STATEMENT FOR AMENDMENT OF MAY 11,1983 

This regulation was amended to redesignate the municipality of Millinocket as attainment for sulfur 

dioxide and the municipalities of Lewiston and Bangor as attainment for carbon monoxide. 

BASIS STATEMENT FOR AMENDMENT OF DECEMBER 18,1985: 

This regulation was amended to reflect the redesignation of Thomaston as attainment for total suspended 

particulates. 

BASIS STATEMENT FOR AMENDMENT OF JULY 13, 1988 

This regulation has been amended to correct vistas for the Class I areas of Roosevelt Campobello 

International Park and adopt vistas for Acadia National Park. 

BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 27,1989 

This regulation has been amended to correct vistas for the Class I areas of Roosevelt Campobello 

International Park and Acadia National Park. Consistent with the deletion of the Total Suspended 

Particulate (TSP) standard, the TSP nonattainment areas of Augusta, Bangor and Brewer, Baileyville, 

and Lincoln have been eliminated. No comments on the proposed changes were received by the 

Department. 

BASIS STATEMENT FOR AMENDMENT OF APRIL 27, 1994 

This regulation has been amended to redesignate Presque Isle to attainment for PMlO (fine particulate). 

In addition to the Basis Statement above, the Department has filed with the Secretary of State its 

response to comments received during the comment period. 

BASIS STATEMENT FOR AMENDMENT OF AUGUST 7, 2012 

This regulation has been amended to reflect Maine's attainment status for the 8-hour ozone NAAQS and 

clarify that only the Mooschorn Wilderness Area located in Moosehorn National Wildlife Refuge is a 

Class l area (the entire refuge is not a Class I area). In addition, these amendments align the prevention 

of significant deterioration redesignation public hearing requirements with statute. No comments on the 

proposed changes were received by the Department. 

Chapter 114: Classification Of Air Quality Control Regions 

- 6-
Rule-Making Cover Sheet 

TO: 

ATTN: 

Secretary of State 

Administrative Procedure Officer, 

State House Station 101, Augusta, Maine 04333. 

1. Agency: Department of Environmental Protection 

2. Agency umbrella and unit number: 06-096 

3. Title of rule: Classification of Air Quality Control Regions 

4. Chapter number assigned to the rule: 114 

2012-240 

c~~~ ·:.~ r: ·R 

FlUNG 

AUS 2 4 2012 

SE~ARYOF I;T"TE 

5. Date( s )/method( s) of notice: On June 13, 20 12 in the Kennebce Journal, Portland Press Herald, 

Bangor Daily News, Lewiston Sun Journal and Waterville Morning Sentinel. 

6. Date(s)/place(s) of hearing(s): No hearing scheduled: 30-day·comment period 

7. Type: 0 

0 

0 

__ ,.. 

new rule e partial amendment(s) of existing rule 

suspension of existing rule 0 repeal of rule 0 emergency rule 

repeal and replace: complete replacement of existing chapter, with former version 

simultaneously repealed. 

8. Name/phone of agency contact person: Jeff Crawford (207) 287-2437 

9. If a major substantive rule under Title 5, c. 375, sub-CIT-A, check one of the following 

0 Provisional adoption 0 Final adoption 

(prior to Legislative review) 

D emergency adoption of major-substantive rule 

10. Certification Statement: I, Patricia Aho hereby certify that the attached is a true copy of the 

rule(s) described above and lawfully adopted by 

Denartment of Environmental Protection on c:j /t? I Z£;{ Z--

(namc of agency) rz (date) 

I further certify that all portions of this rule are adopted in compliance with the 

Maine Admini trative r cedure Act. 

Printed name & title: Patricia W. Aho Commissioner 

11. Approved as to form and legality by the Attorney General on __ 'b-1(_2_6

-+(...:.;_2 __ --'-

(date) 

Printed Name: -~{;~_co..;__ 'D . ~ J....,,r-< --4-A..__A--"--V,.__ ___ ______,_ 

EFFECTIVE DATE: AUG 2 g 201Z