# • STATE OF MAINE D E PARTMENT OF ENVIRONMENTAL PROTECTION

PAUL R. LEPAGE GOVERNOR PATRICIA W. AHO COMMI SSIONER

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 Maine 1 

### s State Implementation Plan (SIP) , amendments to the Chapter 114, Classification ofAir 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 ofthe 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 ofEnvironmental Protection requesting a public comment period dated Aprill2, 20 12; 2. Copy ofthe public notice that appeared in the newspapers statewide on June 13, 2012; 3. Memorandum to the Commissioner, Maine Department ofEnvironmental Protection requesting adoption ofthe rule, dated July 20, 2012; 4. Chapter 114 Classification ofAir Quality Control Regions as adopted by the Department on August 9, 2012 with an effective date ofAugust 29, 2012; and

7 STAT! \ I [OUSE STATION UGUS T A, MJ\JNE 04333

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. DRIVE, SKYWAY PARK PRESQUE ISLE, MAINE 0 4 769

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' Cb**~ite :**  www . mainc.gov/dep (2117) 941 4570 I· AX : (207) 941

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- 6303

### Letter to David Conroy August 31, 2012 Page 2 of2
5. MAP A I form for Chapter 114 wh ich 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 ofAir 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 17 207-287-7647 Email: jeff.s.crawford@maine.gov CHAPTER NAMES AND RULE TITLES: Chapter 114 C lassification ofAir 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 ofthat 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 A rea 

### loc ated 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 rede signated 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 Commissio ner's Br iefing Memo.doc

### Briefing Document to Commissioner Dat e:4/12/20'l. 2



### BACKGROUND AND IMPORTANT INFORMATION:
• Li st possible Opponents and Proponents : Staff does :not expect any opposition to this proposal.
• Direct and Immediate threat to public health, safety and/or welfare: Cha pter 114 also indicates where the different classes of i ncrements apply in order to comply with federal prevention o f significant deterioration permitting requirements. The proposed amendments will update Chapter 114 to reflect the current ozone attainment status ofMaine.
• Factual and Policy Justification and/or issues : The proposed amendments were identified as part ofthe Deaprtmeut' s 20 II 

### Regulatory Assessment project.
• Federal law consistency (If 

### diff ere nt explain): Thi s 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 Sma l l Business , R egulate d Community and Municipalities: This prop osal will not have a have fiscal impact on small businesses, the regu lated community , or municipalities.
• Fiscal I mpact to State Government (Department or other agencies): This proposal will not have a fiscal impact on state government
• Benefit Co st 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.

8/301201 2 Commissioner's 11rieting Memo
. doc

### June 13, 2012 Rule-making N 

### e-State ofMaine, USA 

## l\!Iaine.gov Agencies I Online Se ryices l llitlll Page Tool s

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Home I Co ntact Us I Onlin e Services I Public ations I News**~** > W eek l y Ru l e - ma kj na N otj ces > June 13, 2012 June 1 3, 20 12 WEEKLY NOTI CES OF STATE RULE-MAKING Public Input for Proposed and Adopted Rules 

### Page 1 of3

State Search:

Site Map Search CEC:

Notices are p u blished each Wednesday t o alert the public rega rd i ng state agency ru le-mak i ng. You may obtain a copy of any r ule by noti fying the agency contact pe rson. You may also comment on t h e ru le, and/or attend the pub l ic 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 req ue st it
. If you are disabled or need special services to att end a h earing, please notify t he agency contact person at least 7 days prior to it. Petitions: you can peti tion an agency to adopt, amend, or re peal a ny rule; the agency must provide you with petit ion forms, and must respond to your petition within 60 days. The agency must enter ru le-making i f the pe t iti on is signed by 150 or more registered voters, and may begi n rule- mak i ng if t h ere a r e fewer. You can a lso petit ion the Leg islature to revie w a r ule; the Execut ive D i rector of the Legislat ive Council (115 State Hou se Stati on, Augusta, ME 04333, phone 207/287-1615) wil l provide you with the necessary petition forms. The appropriate legislat i ve comm ittee will rev iew a r ule u pon r eceipt of a petition f rom 100 or more reg istered voters, or f r om "
...an y person w ho may be directl y, substantia ll y and adve r se l y affected by the app l ication of a rule
... " (Title 5 Section 11112). World-Wide Web: Copies of the weekly not ices and the full texts of adopted rul e chapters may be found on t h e i nternet at:**tto://ww .mai** **_~v/sos/cec/rules.** There is a l so a l ist of ru le- mak i ng li a isons, who are sing l e points of contact for each agency.**-- --------------** **·- ··** **-.,· ---------**  

## ---------------------·------- PROPOSALS AGENCY: 65-407- Maine Public Utilities Commission (PUC) CHAPTER N UMBER AND TITLE: Ch. 302, Co n sumer Educat io n Prog ram; E lect ric I ndustry Res tructur ing C h. 303, Employee Transit ion Benefits PROPOSED RULE NUM BER: 2012·P113 and P114 CONTACT PE RSON FOR THIS FILING/ SMALL BUSINESS IN FORMATION: Mitch T annenbaum, Pub l ic U t il i ties Com mi ssio n , 18 State House Station, Augusta, ME 04333
. Telephone: (207) 287-1391. E-mail : Mitc be i! .Tan n e n ba um@M ajoe.go v. PUBLIC HEARING: No hearing COMMENT DEADLINE: July 1 3, 2012 BRIEF SUM M ARY: T he Publ ic Utilities Comm ission proposes to repeal C h. 302 a nd 303 of the PUC rule s because both chapte rs were time- l imited and are no l onger relevant
. IM PACT ON M UNICI PALITIES OR COUNTIES: Minima l STATUTORY AUTHORITY FOR THI S RULE: 35-A MRSA §§ 104, 111, 301, 1301, 1303, 1306, 3201, 3213(2) and 35-A MRSA §§ 3202·3217 SUBSTANTIVE STATE OR FEDERA L LAW BEING IMPLE M ENTED (if different) : W E BSI TE : htt p ://www
. mai ne.gov/mouc/
. PUC RULE-MAKING LIAISON: Paula
. Cyr@Maine .g ov .



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# __ _ AG E NCY: 1 8- 125 ·D epartment of Admini.strative & Financial Services (DAFS), Bureau of Revenue Services CHAPTER NUMBER AND TITLE: Ch. 8 0 5 , Compos ite Fil i ng PROPOSED RULE NUMBER: 2 0 12· Pll5 CONTACT PERSON FOR THIS FlUNG/ SMALL BUSINESS INFORMATION: Nanette Ardry, Esq., M aine Revenue Services, 24 Sta te House Station, Augusta, Ma i ne 0 4 333. Telephone: (207) 624 - 9725. E- ma i l: Nan e tte. M.Ardry @Ma i ne.gov . PUBLIC HEARING: None scheduled at this time COMMENT DEADLINE: July 1 6, 2012 BRIEF SU MMARY: MRS is proposing to amend a Rule 805 ("Composite Fil ing")
. T h e following changes are be i ng made t · o the proposed Rule. The defi nition of "Eligible person" is re word ed t o be more precise. Section 3 and Sect ion 5 are amended to make clear that an e ligible person cannot join In a compos ite return and c la i m a business credit for which an income mod ification or e lection is required. Section 2 is ame nd ed to strike th e mention of a schedule tha t is no longer available. A copy of the proposed Rule ca n be found on the MRS website at**www ma** **io e.gg.llf.r:~**  (select Laws & Rules). IMPACT ON M UNICIPALITIES OR COU N TIES: None. S

TA T UTORY AUTHORITY FOR THIS RULE : 36 M RSA §§ 11 2, 5192 SUBSTANTIVE STATE OR FEDERAL LAW BE IN G IMPLEMENTED: 36 MRSA Part 8 WEBSITE: http ://www.ma i ne . 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 - Departmen t of Administrative & Fi nanc ial Serv i ces (OAFS), Bureau of Revenue Services CHAPTER NUMBER AND TITLE: Ch . 901 , M aine Residents Property Tax Program PROPOSED RULE NUMB ER: 2012-P116 

### Page 2 of3

CO NTACT PERSON FOR T HI S FlU NG/ SMA LL BUSINESS INFORMATION: Nanette Ardry, Esq., M a in e Revenue Services , 24 State House Station, A ugusta, Maine 04333. Te lephone: (207) 624 -9725
. E- mail: Nanett e. M .Ardry@Maj ne .goy . PUBLIC HEARING: None scheduled at this time COMMENT DEADLINE: Ju l y 16, 2012 BRIEF SU MMARY: 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 owne rs hip was t ransfe rre d pursuant to an agreement to remain in possess ion of the property. A definition of**~dwelling"** is added to section .02(A). Section .04 is amended to exclude property taxes abated for infi rmity o r poverty from definition of**~pro perty**  taxes accrued" in response to recent legislation and to add a section on parts o f larger units to reflect ex ist ing statu tory language. Language related to exclusions from rent in section .OS is revised and first time cla i mants with rent above $9,000 annua lly must provide proof of rent i n response to recent legislat ion requiring rulem a kin g. A cop y of the proposed Ru le can be found on the MRS website at www . mai ne .goy/reyeoue (se l ect La ws & Rules). IMPACT O N MUNI CIPA LI TIES OR COU NTIES: None
. STATUTO RY AU T HORITY FOR THIS RULE : 36 MRSA §§ 112 SUBSTA NTIVE STATE OR FEDERAL LAW BEI NG IMPLEMENTED: 36 MRSA Ch. 907 WEBS I TE: htto : //www.maine.gov/revenue/
. OAFS RULE -MA KING LIAISON: Jennj fer
. M.Smi th @Maine.goy
.
AG E NCY: 05-071 - Departm ent of Education (DOE) and State Board of Education RULE TITLE OR SUBJECT: Ch . 114, Purpose, Standard s and Procedures for the Rev i ew and Approval of Preparation Prog rams for Education Pe rso nne l. PROPOSED RULE NUM BER: 2012-P117 CONCISE SUMMARY: Thi s c hapter contains th e Educationa l Personnel Po l icy statement and the State Boa rd of Educat ion adopted procedures and standards for the review and approva l of hig her educat ion programs t hat prepare profes siona l educato rs. The Depa rtm ent of Education and th e State Board of Educatio n propose to ame nd the rules governing preparation of teachers and school leaders by replacing, adopting and in fusing educator preparation program approval sta ndards as regards both pre-service and in-s ervice teachers, school bu i lding leaders, district level leaders and nontr aditional path candidates leading to educator certification in Maine; to adopt national educational technology standards to be met by all ini t ial teacher and school leader candidat es prior to seeking educator certification; to infuse standards appl icable to course delivery, whether such courses are o f fered 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 Ma i ne's educator preparation programs; a nd to refine definit ions and rev ise certain procedu res in the p rogram approva l process for h igher education units that prepare professional educators. Ch. 114 last underwent a comprehensive review in 2006; since tha t time a number of refinements, updates and rev isions have become necessary . Th e proposed amen dm e nts to rule represent imp lementation of a perfo rmance -based sy stem o f init ia l and on-go i ng ce rtification for classroom teachers, sc hool building l eaders, and schoo l d ist ri ct leaders. PUBLIC HEARING: Friday, July 6, 2012, 9:00a.m
. - 11:00 p.m., Cross State Office Building
. Room 103 (A&B), Augusta , M E DEADLI NE FOR COMMENTS : Writt en comme nts may be submitted to Department of Ed u cation- Attentio n: Harry Osgoodby 5:00p.m., M onday, July 23, 2012 AGENCY CONTACT PERSON: Harry Osgood, Department of Education, 23 State House Station A, Augusta, ME 04333-0023. Telep hone: (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 M RSA §§ 02(4), 405(3)(F), §406 WEBSITE: http://www.ma!Oe.goy/doeL
. DOE RULE-M AKIN G LIAISON: Greq.Scott@il'la i ne.gov .
AGE NCY: 10-144 - Department of Health and Human Services (DHHS), Office for Fa mily Independence (OFI) RU LE TITLE OR SUBJECT: Ch. 301 , OFI Food S uppl ement Certification Manual, Rule #175P : Resource lim it Increase, GLA Lang uage 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 "developmenta lly" from references to the disabled for g roup living arrangements (GLAs). 2
. Thi s rule im plements a federa l change in the asset limit for household s with e lderly or disabled members, from $3,00 0 to $3,250. THIS RULE WILL NOT HAVE A FISCAL IMPACT O N THE ADMINISTRATIVE BURDE N S OF S MA LL BUSI N ESSES
. THIS RULE WILL NO T HAVE A FISCAL IMPACT ON MUNI CIPAUTIES. STA TUTORY AUTHORITY: 22 M RSA §§ 4 2(8) and 3104; 7 C.F.R. 271.2; 7 C.F.R. 273.8 PUBLIC HEARING: Non e schedul ed 

### http: // www.maine.gov /sos/ccc /rules /notices /20 12 /06 1312.htm1 8 /3 0/2012

### 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/d hhs/ofj/services/snap/lndex. html
. DHHS RULE- MAK I NG LIAI SON: Kevin.We l ls@Maine.gov.

AGENCY: 06- 096 - D epartment o f En v i ro n m enta l Protectio n ( DEP ) CH A PTER NUMBER AND TITLE: Ch. 11 4 , Classification of Air Quality Control Regions (Amendments) PROPOSED RULE NUMBER : 20 1 2 - P 11 9 CO NTACT PERSON FOR THIS FILING I SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Dept. of En vironmental Protection, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04 333. 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 w ith 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 th at on ly t h e Moose horn Wil d erness Area located in M oose horn National Wildl ife Refuge is a Class I a rea (th e e nti re re fug e is not a Class I area ). I n ad dition, t he proposal c lar ifies th at w he n redesignati n g an area , t h e requirement to ho ld a public hearing in the a rea be i ng redesignated app l ies only for prevention of signif icant deteriorati on purposes (aligning the hearing requiremen t with statute at 38 M RSA 585-B
. These amendments will be s u bm i tted to EPA for incorporation in the Maine State Implementation Plan. Copies of th is 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 i nclude your name and the organization you represent, i f any. Although the Departmen t 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 M RSA §585-A SUBSTANTIVE STA T E OR FEDERAL LAW BEING IMPLEMENTED ( if different): WEBSITE: htto : // w ww.malne.gov/dep/. DEP RULE - M A KI NG LIAISON: Terry.pa wson@Maine.goy. ADOPTIONS AGENCY: 94- 270- Commi ss ion on Governmental Eth ics a nd Election Practi c es CH APTER 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 fo r ms for volunteers who collect qualifying contributions for candidates; delete references to payments of matching funds to Maine Clean Electi on Act candidates; and require that records of vehicle trave l be kept on or near the time of travel if a campaign is using M a i ne Cl ean Election Act funds t o r ei m bu rse a candidate or vo l unt eer f or the i r ve h icle trave l ; and i n crease t h e amount wh ic h a campaign must recover w hen se ll i n g persona l property or equ i p m ent to a candidate after the e l ecti on. EFFECTIVE DATE: July 11, 2012 AGENCY CO N TACT PERSON I RULE-MAKI NG LIAISO N : Jonathan Wayne, Executive Director, Commission on Gove rn men t al Et hics and E lection 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 P o! jcjes Copyright © 2005 All rights reserved.



### http: //www .maine
. gov/sos/cec/rules/notices/20 12/061312.html 8/3 0/2012Briefing Document to Commissioner -proposal for adoption Date: July 20 ,2012


### Commissioners Briefing Memo -Proposal for Adoption AGENCY: Department ofEnvironmental 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 ofAir 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

8/30/20 1 2 ll4CommissioncrBricfingAdoptionMemo
. doc

### 06-096 DEPARTMENT OF ENVIRO NMENTAL PROTECTION 

### Chapter 114: 

### CLASSIFICATION OF Am QUALITY CONTROL REGIONS SUMMARY : This regulation determines those areas that have been officially found to be exceed ing the ambient air quality standards and are therefore nonattainment areas. It also designates which c lass 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 Q ual ity Region, Portland Peninsula Air Quality Region , Central Maine Air Quality Region, Downeast Air Quality Region, Aroostook Air Quali ty Region, and Northwest Maine Air Quality Region shall be Class 

### II Regions. 

### B
. The Department shall have the authority to designate certai n 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 ar eas by the Federal Clean Air Act: Acadia National Park located in the Downeast and Central Maine Air Qual i ty 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 C lass 

### 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 Gr een 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 Maj or'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 Beac h *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 *Wo lf Islands *Atlantic Ocean *Grand Manan Is land Ragged Point *Portions viewed from *Main land New Brunswick Con Robinson's *Atlantic Ocean Poi nt

*Wolfislands *Grand M anan. I sland Sail Rock West Quoddy Head L ig htho u se 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 Schood i c Mountain Gouldsboro Hills Calfls la nd Po r cupine Islands Stave Island Jordan Island Ironbound I sl and Gouldsboro Bay Winter Harbor T urtle Island

Egg Rock Atlantic Ocean (Gulf of Maine) Atlantic Ocean

Otter Cove Baker Island Lit t l

e Cranberry Island Duck Is land s Chapter 1 14: Classificat ion OfAir Quality Control Region s "'

- j-

### 06-096 

### DEPARTMENT OF ENVIRONMENTAL PROTECTION
Greater Cranberry Island Seal Ha rbo r Sutton Island Lo ng Is land 2120-2480 Placenti a Is l and S u nset Point 1920-2280 Long Island Placentia Island

Swan Is land Great Gott Island Isle au Haut 2560-3000 Camden Hill s Bartlett Island Western Bay

Blue HiH 300°-3360 Tho mas Island F r e nchman Bay 336°-12° Lamoine State Park Hull's Cove (Acadia National Park Vi s itor Center) Mt. Katahdin Duck Harbor Mountain 352°-5° Blue Hill Caterpillar Mountain 3360-3520 Penobscot Bay Duck Harbor Mt.**Ep hra** **m** 

### Mt. Waldo Eagle Island 310°-336° Islesboro Isla nd Bald Rock Mountain Duck Trap Mountain 285°-310° Megunticook Mountain Bald Mountain Dodge Mountain Vinalhaven I s land 2700-2850 Brimstone Is land Vinalhaven Island Lighthouse Rock
Chapter 114: C lassifica t ion 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 wh ich 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 redesigna t ion
. For the purpose of redesignating any areas other than those recognized mandatory C lass I areas identified in Section l (C), the procedural requirements o r 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 app ly 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 de signation of the mun icipality of Lincoln as nonattainment for total suspended particulate.
Chapter 114: Classification Of Air Quality Control Regions

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### 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 ca rbon 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 Internationa l Park and adopt vistas for Acadia N ational 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 re gulation has been amended to redesignate Presque I sle 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 duri ng 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 C lass l 

### area (the entire refuge is not a Class I area). In addition, these amendments align the prevention of s ignifica nt deterioration redesignation public hearing requirements with stat ute . No comments on the proposed changes were received by the Department.

Chapter 114 : Classification Of Air Quality Control Regions



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# Rule - Making Cover Sheet TO : 

### ATTN: 

### Secretary of State Administrative Procedure Officer, State House Station 101, Augusta, Maine 04333
. 

### 1. Agency: Department ofEnvironmental 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** F lUN G 

# AUS 

# 24 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 ofrule 

### 0 emergency rule repeal and replace: complete replacement of existing chapter, with former version simultaneously repealed. 8. Name/phone of agency contact person: JeffCrawford (207) 287-2437 9. 

### If a major substantive rule under Title 5, c. 375, sub-CIT-A, check one ofthe followi n g 

### 0 Provisional adoption 

### 0 Final adoption (prior to Legislative review) D emergency adoption of major-substantive rul e
10. Certification Statement: I, Patricia Aho hereby certify that the attached is a true copy ofthe rule(s) described above and lawfully adopted by Denartment ofEnvironmental Protection on 

# c:j 

# /t? 

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### Z-- (namc of agency) 

# rz (date) I further certify that all portions ofthis 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 __ 

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