Implementation, Maintenance and Enforcement of the PM2,5 National 

Ambient Air Quality Standard in Maine 

-Certification1 .0 Preamble, Introduction and Background 

A State Implementation Plan ("SIP") is a state plan that identifies how that state will 

attain and maintain air quality that conforms to each primary and secondary National 

Ambient Air Quality Standard ("NAAQS"). The SIP is a complex, fluid document 

containing regulations, source-specific requirements, and non-regulatory items such as 

plans and emission inventories. 

Pursuant to the 1990 Clean Air Act Amendments (CAA) sections 110(a)(1) and (2), 

states are required to address basic SIP requirements related to the attainment of new or 

revised NAAQS, including emission inventories, monitoring and modeling to assure 

attainment, maintenance and enforcement of the standards. SIPs meeting the 

requirements of CAA section s 110(a)(1) and (2) must be submitted within three years 

after the promulgation of a new or revised standard . 

As a consequence of a consent decree resulting from an Earth Justice lawsuit against EPA 

for failure to take action against states that had not made SIP submissions that met the 

requirements of CAA sections 110(a)(1) and (2), EPA was obligated to make official 

findings whether States have made the SIP submissions required to meet CAA section 

110(a)(2)(D)(i) relating to interstate transport no later than March 15, 2005. 

Additionally, the consent decree obligates EPA to make a determination whether States 

have made either submissions necessary to meet section 110(a)(10 and (2) requirements 

for the PM2.5 NAAQS by October 5, 2008. 

Section 110(a)(1) contains the general requirements for submitting a SIP to address new 

or revised primary NAAQS within three years of their promulgation. Section 110(a)(2) 

contains specific elements to be included in these plans. Pursuant to EPA guidance dated 

October 2, 2007, this submission addresses each of the required elements of section 

110(a)(2) and affirms that Maine's SIP meets the requirements of CAA sections 

110(a)(1) and (2). 

Pursuant to EPA guidance issued on October 2, 2007, SIPs must include the following 

elements of CAA section 110(a)(2): 

" Enforceable Emission Limitations and Other Control Measures (§ 110(a)(2)(A)) 

" Ambient Air Quality Monitoring, Compilation, Analysis and Reporting 

(§ 110(a)(2)(B)) 

" Enforcement and Stationary Source Permitting (§ 110(a)(2)(C)) 

" Interstate Transport (§ 110(a)(2)(D)) 

" Assurance of Adequate Resources (§ 110(a)(2)(E)) 

" Stationary Source Monitoring System and Reporting (§ 110(a)(2)(F)) 
" Emergency Powers and Contingency Plans (§110(a)(2)(G)) 

" Authority for SIP Revisions for the Revised NAAQS (§ 110(a)(2)(H)) 

" Authority for SIP Revisions for New Nonattainment Areas (§110(a)(2)(1)) 

" Consultation, Public Notification and Prevention of Significant Deterioration 

((PSD/Visibility) (§ 110(a)(2)J)) 

" Air Quality Monitoring and Reporting (§ 110(a)(2)k)) 

" Permitting Fees (§110(a)(2)(L)) 

" Consultation/Participation with Affected Local Entities (§110(a)(2)(M)) 

This submittal addresses the infrastructure requirements of Section 110(a)(2)(A)-(M) of 

the CAA for the implementation of the 1997 PM2.5 NAAQS in Maine. Each of the 

requirements of section 110(a)(2) of the CAA (Subparagraphs A-M) and Maine's 

satisfaction of these requirements is presented in tabular form below. 
State of Maine 

Certification of State Implementation Plan Adequacy 

Required Section 110(a)(1) and (2) SIP Elements 

For PM2,5 

CAA Section Requirement Maine Program 

110(a)(2)(A)-Emission Enforceable emission 38 MRSA §581 . Declaration of findings and intent 

limits and other control limits and other control 

measures measures, means or 38 MRSA §581 states in relevant part : 

techniques, schedules for 

compliance and other The Legislature finds and declares that airpollution exists with varying degrees of severity within this State ; that 

related measures such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes 

physical discomfort, injury to property and property values, discourages recreational and other uses of the 

state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide 

program to control present and future sources of emission of air contaminants to the end that air polluting 

activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and 

general welfare of all of the citizens of the State ; protects property values and protects plant and animal life . 

38 MRSA §585 . Establishment of emission standards 

38 MRSA §585 states, in relevant part : 

The board may establish and may amend standards, herein called "emission standards", limiting and regulating 

in a just and equitable manner the amount and type of air contaminants which may be emitted to the ambient air 

within a region . Such emission standards shall be designed to prevent air pollution and to achieve and maintain 

the ambient air quality standards within the region in which applicable . 

38 MRSA §585-A. Establishment of standards 

38 MRSA §585-A states, in relevant part : 

The board may establish and amend re ulations 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 . 

38 MRSA §590. Licensing 

38 MRSA §590 states, in relevant part: 

1 . License required. After ambient air quality standards and emission standards have been established within a 

region, the board may by rule provide that a person may not operate, maintain or modify in that region any air 

contamination source or emit any air contaminants in that region without an air emission license from the 

department. 

06-096 CMR Chapters 100 through 158 include a number of rules addressing the control of 

particulate emissions . These rules include : 

06-096 CMR Chapter 100 Definitions Regulation 

06-096 CMR Chapter 101 Visible Emissions Regulation 

06-0-96 CMR Chapter 102 Open Burning Regulation 

06-096 CMR Chapter 103 Fuel Burning Equipment Particulate Emission Standard 

06-096 CMR Chapter 104 Incinerator Particulate Emission Standard 

06-096 CMR Chapter 105 General Process Source Particulate Emission Standard 

06-096 CMR Chapter 109 Emergency Episode Regulation 

06-096 CMR Chapter 110 Ambient Air Quality Standards 

06-096 CMR Chapter 114 Classification of Air Quality Control Regions 

06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 

06-096 CMR Chapter 116 Prohibited Dispersion Techniques 

06-096 CMR Chapter 117 Source Surveillance 

06-096 CMR Chapter 121 Emission Testing of Resource Recovery Facilities 

06-096 CMR Chapter 126 Capture Efficiency Test Procedures 

06-096 CMR Chapter 137 Emission Statements 

06-096 CMR Chapter 138 Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides 

06-096 CMR Chapter 139 Transportation Conformity 

06-096 CMR Chapter 140 Part 70 Air Emission License Regulations 

06-096 CMR Chapter 141 Conformity of General Federal Actions 

06-096 CMR Chapter 143 New Source Performance Standards (NSPS) 

06-096 CMR Chapter 146 Diesel-Powered Motor Vehicle Emission Standards 

06-096 CMR Chapter 148 Emissions from Smaller-Scale Electric Generating Resources 
110(a)(2)(B)- Ambient air 

quality monitoring/data 

system 

Provisions to provide for 

establishment and 

operation of ambient air 

quality monitors, 

collecting and analyzing 

ambient air quality data, 

and making these data 

available to EPA upon 

request 

Maine's initial SIP, containing provisions for an ambient air quality monitoring and data 

analysis system was approved on October 28, 1972. This air monitoring network plan has 

been subsequently updated, with the most recent submittal on June 28, 2007 . 

Maine DEP operates a comprehensive ambient air quality monitoring and data analysis 

program for all required NAAQS through a statewide network of air quality monitors, and 

maintains a database on these pollutants that are released from new and existing area, point 

and mobile sources. These data are reviewed in accordance with the Quality Assurance 

Project Plans (QAPPS) and submitted to AQS within 90 days of the end of each quarter. 

110(a)(2)(C)-Program for Program for enforcement 38 MRSA § 347-A. Violations. 

enforcement of control of all SIP measures and 

measures the regulation of 38 MRSA § 347-A states, in relevant part: 

construction of new or J. General procedures . This subsection sets forth procedures for enforcement actions. 

modified stationary 

sources to meet PSD and A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation of 

NSR requirements this Title, of rules adopted under this Title or of the terms or conditions of a license, permit or order issued 

by the board or the commissioner, the commissioner may initiate an enforcement action by taking one or 

more of the following steps : 

(1) Resolving the violation through an administrative consent agreement pursuant to subsection 4, 

signed by the violator and approved by the board and the Attorney General ; 

(2) Referring the violation to the Attorney General for civil or criminal prosecution ; 

(3) Scheduling and holding an enforcement hearing on the alleged violation pursuant to subsection 2; 

or 

(4) With the prior approval of the Attorney General, commencing a civil action pursuant to section 

342, subsection 7 and the Maine Rules of Civil Procedure, Rule 3. 

B. Before initiating a civil enforcement action pursuant to paragraph A, the commissioner shall issue a 

notice of violation to the person or persons the commissioner considers likely to be responsible for the 

alleged violation or violations . The notice of violation must describe the alleged violation or violations, to 

the extent then known by the commissioner; cite the applicable law, rule and term or condition of the 

license, permit or order alleged to have been violated; and provide time periods for the alleged violator to 

take necessary corrective action and to respond to the notice. For violations the commissioner finds to be 

minor, the notice may state that further enforcement action will not be pursued if compliance is achieved 

within the time period specified in the notice or under other appropriate circumstances. The commissioner 

is not required to issue a notice of violation before issuing an emergency order pursuant to subsection 3 or 

other applicable provision of this Title; nor is the commissioner required to issue a notice of violation 

before referring an alleged violation to the Attorney General for criminal prosecution or in a matter 
requiring immediate enforcement action . 

2. Hearings. The commissioner shall give at least 30 days' written notice to the alleged violator of the date, time 

and place of any hearing held pursuant to subsection 1, paragraph A, subparagraph (3). The notice must specify 

the act or omission which is claimed to be in violation of law or regulation. 

Any hearing conducted under the authority of this subsection must be in accordance with the provisions of Title 

5, chapter 375, subchapter II! At the hearing, the alleged violator may appear in person or by attorney and 

answer the allegations of violation and file a statement of the facts, including the methods, practices and 

procedures, if any, adopted or used by that person to comply with this chapter and present such evidence as may 

be pertinent and relevant to the alleged violation . 

After hearing, or in the event of a failure of the alleged violator to appear on the date set for a hearing, the 

commissioner shall, as soon as practicable, make findings of fact based on the record and, if the commissioner 

finds that a violation exists, shall issue an order aimed at ending the violation. The person to whom an order is 

directed shall immediately comply with the terms of that order. 

3 . Emergency orders. Whenever it appears to the commissioner, after investigation, that there is a violation of 

the laws or regulations the department administers or of the terms or conditions of any of the department's 

orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to 

the environment, the commissioner may order the person or persons causing or contributing to the hazard to 

immediately take such actions as are necessary to reduce or alleviate the danger. Service of a copy of the 

commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an 

authorized representative of the department in accordance with the Maine Rules of Civil Procedure . In the event 

that the persons are so numerous that the specified method of service is a practical impossibility or the 

commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner 

shall make the order known through prominent publication or announcement in news media serving the affected 

area. 

The person to whom the order is directed shall comply with the order immediately. The order may not be 

appealed to the Superior Court in the manner provided in section 346, but within 48 hours after receipt of the 

order the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the 

application, the board shall hold a hearing, make findings offact and vote on a decision that continues, revokes 

or modifies the order. That decision must be in writing and signed by the board chair using any means for 

signature authorized in the department's rules and published within 2 working days after the hearing and vote . 

The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall 

first establish the basis for the order and for naming the person to whom the order was directed, The decision of 

the board may be appealed to the Superior Court in the manner provided by section 346. 

4. Administrative consent agreements. Following issuance of a notice of violation pursuant to subsection 1 and 

after receipt o f the alleged violator's response to that notice or expiration of the time period specified in the 
notice for a response, in situations determined by the commissioner appropriate for further enforcement action, 

the commissioner may send a proposed administrative consent agreement to the alleged violator or violators . 

A. Except as otherwise expressly agreed to by the Attorney General, all proposed administrative consent 

agreements must be reviewed and approved by the Department of the Attorney General before being sent 

to the alleged violator. 

B. All proposed administrative consent agreements sent to the alleged violator must be accompanied by 

written correspondence from the department, in language reasonably understandable to a citizen, 

explaining the alleged violator's rights and responsibilities with respect to the proposed administrative 

consent agreement. The correspondence must include an explanation of the factors considered by the 

commissioner in determining the proposed civil penalty, a statement indicating that the administrative 

consent agreement process is a voluntary mechanism for resolving enforcement matters without the need 

for litigation and an explanation of the department's procedures for handling administrative consent 

agreements . The correspondence must also specify a reasonable time period for the alleged violator to 

respond to the proposed administrative consent agreement and offer the opportunity for a meeting with 

department staff to discuss the proposed agreement_ Consent agreements shall, to the greatest extent 

possible, clearly set forth all the specific requirements or conditions with which the alleged violator must 

comply. 

C. After a proposed administrative consent agreement has been sent to the alleged violator, the 

commissioner may revise and resubmit the agreement iffurther circumstances become known to the 

commissioner, including information provided by the alleged violator, that justify a revision. 

D. The public may make written comments to the board at the board's discretion on an administrative 

consent agreement entered into by the commissioner and approved by the board. 

E. When the department and the alleged violator can not agree to the terms of a consent agreement and 

the department elects to bring an enforcement action in District Court pursuant to section 342, subsection 

7, the District Court shall refer the parties to mediation if either party requests mediation at or before the 

time the alleged violator appears to answer the department's complaint. The parties must meet with a 

mediator appointed by the Court Alternative Dispute Resolution Service created in Title 4, section 18-B at 

least once and try in good faith to reach an agreement. After the first meeting, mediation must end at the 

request of either party. If the parties have been referred to mediation, the action may not be removed to 

Superior Court until after mediation has occurred. 

5. Enforcement . All orders of the department may be enforced by the Attorney General and the department. If 

any order of the department is not complied with, the commissioner shall immediately notify the Attorney 

General. 
38 MRSA § 347-C . Right of inspection and entry 

38 MRSA § 347-C states : Employees and agents of the Department of Environmental Protection may enter any 

property at reasonable hours and enter any building with the consent of the property owner, occupant or agent, 

or pursuant to an administrative search warrant, in order to inspect the property or structure, including the 

premises of an industrial user of a publicly owned treatment works, and to take samples, inspect records relevant 

to any regulated activity or conduct tests as appropriate to determine compliance with any laws administered by 

the department or the terms and conditions of any order, regulation, license, permit, approval or decision of the 

commissioner or of the board. 

38 MRSA §348. Judicial Enforcement 

38 MRSA §348 states, in relevant part: 

1 . General. In the event of a violation of any provision of the laws administered by the department or of any 

order, regulation, license, permit, approval or decision of the board or commissioner or decree of the court, as 

the case may be, the Attorney General or the department may institute injunction proceedings to enjoin any 

further violation thereof, a civil or criminal action or any appropriate combination thereof without recourse to 

any other provision of law administered by the department. 

2. Restoration . The court may order restoration of any area affected by any action or inaction found to be in 

violation of any provision of law administered by the department or of any order, rule, regulation, license, 

permit, approval or decision of the board or commissioner or decree of the court, as the case may be, to its 

condition prior to the violation or as near thereto as may be possible. Where the court finds that the violation 

was willful, the court shall order restoration under this subsection unless the restoration will : 

A . Result in a threat or hazard to public health or safety; 

B. Result in substantial environmental damage; or 

C. Result in a substantial injustice. 

3. Injunction proceedings. If the department finds that the discharge, emission or deposit of any materials into 

any waters, air or land of this State constitutes a substantial and immediate danger to the health, safety or 

general welfare of any person, persons or property, the department shall forthwith request the Attorney General 

to initiate immediate injunction proceedings to prevent such discharge or the commissioner may authorize 

pursuit of such an action in District Court. The injunction proceedings may be instituted without recourse to the 

issuance of an order, as provided for in section 347-B. 

4. Settlement A person who has resolved that person's liability to the State in an administrative or judicially 

approved settlement and is implementing or has fully implemented that settlement pursuant to its terms is not 

liable for claims by other potentially liable persons regarding response actions, response costs or damages, 

including without limitation natura l resource damages, addressed in the settlement. The settlement does not 
discharge any other potentially liable persons unless its terms so provide. The protection afforded by this 

subsection includes protection against contribution claims and all other types of claims under state law that may 

be asserted against the settling party for recovery of response costs or damages incurred or paid by another 

potentially liable person, if those actions, costs or damages are addressed in the settlement, but does not include 

protection against claims based on contractual indemnification or other express contractual agreements to pay 

the costs or damages. A potentially liable person who commences an action against a person who is protected 

from suits under this subsection is liable to the person against whom the claim is brought for all reasonable costs 

of defending against the claim, including all reasonable attorney's and expert witness fees . This section is not 

intended to create a right to contribution or other cause of action or to make a person liable to pay a portion of 

another person's response costs, damages or civil penalties . 

38 MRSA §349. Penalties . 

38 MRSA §349 establishes criteria governing civil and criminal penalties for violations of 

environmental laws and regulations. 

38 MRSA §349 states, in part: 

1. Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, 

recklessly or with criminal negligence violates a law administered by the department, including, without 

limitation, a violation of the terms or conditions of an order, rule, license, permit, approval or decision of the 

board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a 

commercial purpose, in violation of Title 17, section 2264-A, commits a Class E crime. Notwithstanding Title 17-

A, section 1301, the fine for a violation of this subsection may not be less than $2,500 and not more than $25, 000 

for each day of the violation, except that the minimum amount for knowing violations is $5, 000 for each day of 

violation. This subsection does not apply to actions subject to the criminal penalties set forth in section 1319-T. 

2. Civil penalties. Except as otherwise specifically provided, a person who violates a law administered by the 

department, including, without limitation, a violation of the terms or conditions of an order, rule, license, permit, 

approval or decision of the board or commissioner, or who disposes of more than 500 pounds or more than 100 

cubic feet of litter for a commercial purpose, in violation of Title 17, section 2265-A, is subject to a civil penalty, 

payable to the State, of not less than $100 and not more than $10,000 for each day of that violation or, if the 

violation relates to hazardous waste, of not more than $25,000 for each day of the violation . This penalty is 

recoverable in a civil action. 

6. Maximum penalties. The maximum civil penalty may exceed $10, 000 fqr each day of that violation, but may 

not exceed $25, 000 for each day of the violation, when it can be shown that there has been a previous violation 

of the same law by the same party within the 5 preceding years, and the maximum criminal penalty may exceed 

$25,000 for each day of violation, but may not exceed twice the amounts in subsection 1, when it can be shown 

that there has been a previous violation of the same law by the same party. - - 
06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 

This regulation specifies who must obtain an air emission license, what standards and criteria must be complied 

with and what information an applicant must submit. The rule implements New Source Review (NSR) 

requirements of the CAA and Section 590 of 38 MRSA for those minor sources and those major sources that are 

undergoing changes subject to NSR under the CAA. For minor sources this rule serves both as an operating 

licensing program as well as the pre-construction New Source Review Program . For major sources the rule 

serves as a pre-construction NSR program while Chapter 140 implements the operating licensing requirements of 

40 CFR Part 70. 

110(a)(2)(D)- Interstate Provisions prohibiting Revisions to the Maine State Implementation Plan addressing the Interstate Air Pollution 

Transport any source or other type Transport Requirements of CAA Section 110(a)(2)(D)(i) were posted to a 30-day public 

of emissions activity in comment period ending on February 4, 2008. These revisions were submitted to EPA on 

one State from April 24, 2008 . 

contributing significantly 

to nonattainment or Major stationary sources for 8-hour ozone and PM2.5 are currently subject to nonattainment 

interfering with New Source Review (NSR) and Prevention of Significant Deterioration (PSD) permitting 

maintenance, of the programs under the 06-096 CMR Chapter 115 Major and Minor Source Air Emission 

NAAQS in another State License Regulations . 

Nothing in Maine's statutory or regulatory authority prohibits or otherwise interferes with 

Maine's ability to exercise sections 126 and 115 of the CAA. 

I10(a)(2)(E)-Adequate Provisions for adequate 38 MRSA §341-A. Department of Environmental Protection. 

Resources personnel, funding, and 

legal authority under 38 MRSA §341-A states, in relevant part : 

State Law to carry out 

SIP and related issues There is established a Department of Environmental Protection, in this Title called the "department. " 

] .Purpose. The department shall prevent, abate and control the pollution of the air, water and land and 

preserve, improve and prevent diminution of the natural environment of the State . The department shall 

protect and enhance the public's right to use and enjoy the State's natural resources and may educate the 

public on natural resource use, requirements and issues. 

2. Composition . The department shall consist of the Board of Environmental Protection, in the laws 

administered b the department called "board, "and o a Commissioner o Environmental Protection, in the 

10 
laws administered by the department called "commissioner. " 

3 . Commissioner. The commissioner is appointed by the Governor, subject to review by the joint standing 

committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the 

Legislature . 

A. The commissioner serves at the pleasure of the Governor. 

B. When the State receives authority to issue permits under the Federal Water Pollution Control Act, 33 

United States Code 1982, Section 1251 et seq., as amended, a person may not serve as commissioner who 

receives, or during the 2 years prior to appointment has received, a significant portion of income directly 

or indirectly from license or permit holders or applicants for a license or permit under the Federal Water 

Pollution Control Act. For the purposes of this section, "a significant portion of income" means 10% or 

more of gross personal income for a calendar year, except that it means 50% or more if the recipient is 

over 60 years of age and is receiving that portion under retirement, pension or similar arrangement. 

C. The commissioner may delegate duties assigned to the commissioner under this Title to staff of the 

department. 

4. Licenses and permits. For purposes of this Title, licenses or permits issued by the department may be 

issued by either the commissioner or the board subject to the provisions of section 341-D, subsection 2." 

38 MRSA §341-D. Board responsibilities and duties . 

38 MRSA §341-D. states, in relevant part : 

The board is charged with the following duties and responsibilities . 

1-B. Rulemaking. Subject to the Maine Administrative Procedure Act, the board shall adopt, amend or repeal 

reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any 

provision of law that the department is charged with administering. The board shall also adopt, amend and 

repeal rules as necessary for the conduct of its business. 

The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed 

rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists . 

During the consideration of any proposed rule by the board, when feasible, and using information available to it, 

the department shall identify provisions of the proposed rule that the department believes would impose a 

regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard 
exists, and shall explain in a separate section of the basis statement the justification for the difference between 

the agency rule and the federal standard. 

Notwithstanding Title 5, chapter 375, subchapter 11, the board shall accept and consider additional public 

comment on a proposed rule following the close of the formal rule-making comment period at a meeting that is 

not a public hearing only if the additional public comment is directly related to comments received during the 

formal rule-making commentperiod or is in response to changes to the proposed rule. Public notice of the 

meeting must comply with Title 1, section 406 and state that the board will accept additional public comment on 

the proposed rule at that meeting. This subsection takes effect January 1, 1998. 

38 MRSA §342 . Commissioner, duties 

38 MRSA §342 states, in relevant part: 

The Commissioner of Environmental Protection shall have the following duties : 

1-A. Administration ofdepartment. The commissioner is the chief administrative officer ofthe department and 

responsible for all administrative matters of the department, except as otherwise specified. The commissioner 

shall assure that all determinations made by the staff of the department are promptly rendered. The 

commissioner shall resolve disputes between department staff and applicants with respect to any questions 

regarding requirements, interpretation or application of the laws, rules or department policy. In resolving 

disputes, the commissioner shall attempt to reach a fair and appropriate result given all of the circumstances of 

the issue and may utilize the services of such consultants or experts as the commissioner determines would be 

helpful to resolve any disputed issue . For purposes of this subsection and section 341-A, subsection 3, paragraph 

C, staff of the department does not include staff of the board. 

38 MRSA §581 . Declaration of findings and intent 

38 MRSA §581 states in relevant part : The Legislature finds and declares that air pollution exists with varying 

degrees of severity within this State; that such air pollution is potentially and in some cases actually dangerous 

to the health of the citizenry, often causes physical discomfort, injury to property and property values, 

discourages recreational and other uses of the state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide 

program to control present and future sources of emission of air contaminants to the end that air polluting 

activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and 
general welfare of all of the citizens of the State; protects property values and protects plant and animal life. 

Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise 

affect, substantively or procedurally, the right of any person to damage or other relief on account of injury to 

persons or property due to violation of air quality standards or emission standards and to maintain any action or 

other appropriate procedure therefore ; nor to so affect the powers of the State to initiate, prosecute and maintain 

actions to abate public nuisances. 

Chapter 8 of Maine's initial SIP, documenting the existence of adequate resources October 

28, 1972. For FY 2007, the Bureau of Air Quality had a staff of 59, and a budget of $5 .5 . 

110(a)(2)(F)- Stationary Programs to establish a 38 MRSA §590 Licensing . 

source Monitoring System system to monitor 

emissions from stationary 06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 

sources and to submit 

periodic emission reports This regulation contains compliance assurance requirements for licensed sources and stipulates that licenses shall 

include the following compliance assurance elements : 

(a) A description of all required monitoring and analysis procedures or test methods required under the 

requirements applicable to the source . 

(b) A description of all recordkeeping requirements. 

(c) A description of all reporting requirements . 

06-096 CMR Chapter 117 Source Surveillance 

This regulation specifies which air emission sources are required to operate continuous emission monitoring 

systems (CEMS), and details the performance specifications, quality assurance requirements and procedures for 

such systems, and subsequent record keeping and reporting requirements. 

06-096 CMR Chapter 140 Part 70 Air Emission License Regulations 

This regulation identifies the sources of air emissions that require a Part 70 air emission license and incorporates 

the requirements of Title IV and Title V of the Clean Air Act, as amended, 42 U.S .C . 7401, et seq. ; and 38 

MRSA, Section 344 and Section 590. This re gulation contains compliance assurance requirements for licensed 

13 
sources requiring a Part 70 air emission license . 

110(a)(2)(G)- Emergency Authority to address 38 MRSA §347-A(3) Emergency Orders. 

Power activities causing 

imminent and substantial 38 MRSA § 347-A states : 

endangerment to public 

3. Emergency orders . Whenever it appears to the commissioner, after investigation, that there is a violation of 

health, including the laws or regulations the department administers or of the terms or conditions of any of the department's 

contingency plans t0 orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to 

implement the the environment, the commissioner may order the person or persons causing or contributing to the hazard to 

emergency episode immediately take such actions as are necessary to reduce or alleviate the danger. Service of a copy of the 

rOVlsioris in their SIPS 

commissioner's findings and order must be made by the sheriff or deputy sheriff or by hand delivery by an 

p authorized representative of the department in accordance with the Maine Rules of Civil Procedure . In the event 

that the persons are so numerous that the specified method of service is a practical impossibility or the 

commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner 

shall make the order known through prominent publication or announcement in news media serving the affected 

area. 

The person to whom the order is directed shall comply with the order immediately. The order may not be 

appealed to the Superior Court in the manner provided in section 346, but within 48 hours after receipt of the 

order the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the 

application, the board shall hold a hearing, make findings of fact and vote on a decision that continues, revokes 

or modifies the order. That decision must be in writing and signed by the board chair using any means for 

signature authorized in the department's rules and published within 2 working days after the hearing and vote . 

The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall 

first establish the basis for the order and for naming the person to whom the order was directed. The decision of 

the board may be appealed to the Superior Court in the manner provided by section 346. 

06-096 CMR Chapter 109 Emergency Regulations . 

This rule is intended to prevent air pollution from reaching levels that would cause imminent and substantial 

harm to the health of persons, by restricting emissions during periods of air pollution emergencies . 

110(a)(2)(H)- Future SIP Authority to revise SIN 38 MRSA §581 . Declaration of findings and intent. 

Revisions in response to changes in 

the NAAQS, availability 38 MRSA §581 states : 

of improved methods for 

attaining the NAAQS, or The Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that 

in response t0 an EPA such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes 

14 
finding that the SIP is physical discomfort, injury to property and property values, discourages recreational and other uses of the 

substantially inadequate state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide 

program to control present and future sources of emission of air contaminants to the end that air polluting 

activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and 

general welfare of all of the citizens of the State; protects property values and protects plant and animal life. 

Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise 

affect, substantively or procedurally, the right of any person to damage or other relief on account of injury to 

persons or property due to violation of air quality standards or emission standards and to maintain any action or 

other appropriate procedure therefore; nor to so affect the powers of the State to initiate, prosecute and maintain 

actions to abate public nuisances. 

38 MRSA §341-D . Board responsibilities and duties . 

38 MRSA §341-D states, in relevant part : 

1-B. Rulemaking. Subject to the Maine Administrative Procedure Act, the board shall adopt, amend or repeal 

reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any 

provision of law that the department is charged with administering. The board shall also adopt, amend and 

repeal rules as necessary for the conduct of its business. 

The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed 

rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists . 

During the consideration of any proposed rule by the board, when feasible, and using information available to it, 

the department shall identify provisions of the proposed rule that the department believes would impose a 

regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard 

exists, and shall explain in a separate section of the basis statement the justification for the difference between 

the agency rule and the federal standard. 

Notwithstanding Title 5, chapter 375, subchapter 11, the board shall accept and consider additional public 

comment on a proposed rule following the close of the formal rule-making comment period at a meeting that is 

not a public hearing only if the additional public comment is directly related to comments received during the 

formal rule-making comment period or is in response to changes to the proposed rule. Public notice of the 

meeting must comply with Title 1, section 406 and state that the board will accept additional public comment on 

the proposed rule at that meeting. 

110(a)(2)(J)- Public ~ States must meet the ~ Consultation with Government Officials I 

15 
requirements of section 

121 regarding 

consultation with 

government officials, and 

must notify the public 

pursuant section 127 if 

NAAQS are exceeded in 

an area and to enhance 

public awareness of 

measures that can be 

taken to prevent 

exceedences 

38 MRSA §342. Commissioner, Duties. 

38 MRSA §342 (1-A). Administration of Department 

38 MRSA §342 (3-A). Negotiating Agreements 

06-096 Chapter 114 Classification of Air Quality Control Regions 

Section 1(E) of this rule states, in relevant part: 

Prior to the proposal of any redesignation 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 identifzed in Section 1(C), the procedural requirements or 40 CFR 

51 .24 (g) shall be followed 

06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations . 

06-096 CMR Chapter 115 Section 4A(d) establishes consultation requirements with Federal Land Managers for 

NSR and PSD: 

4(d) The applicant and/or the Department shall notify and provide a copy of the application to all Federal 

Land Managers listed in Chapter 100 of the Department's regulations, and the Indian governing body 

of any reservation located within 50 km of any Major Modification or new Major source on or before 

the date the applicant provides Notice of Intent to File to the public, and provide at least a thirty (30) 

days public comment period. 

06-096 CMR Chapter 139 Transportation Conformity. 

06-096 CMR Chapter 139 establishes a consultation process between federal state and local entities for the 

purpose of implementing section 176(c)(4)(E) of the CAA with respect to the conformity of transportation plans, 

programs, and projects which are developed, funded, or approved by the United States Department of 

Transportation (DOT) and by Metropolitan Planning Organizations (MPOs) or othe r recipients of funds under 
Title 23 U.S .C . or the Federal Transit Laws (Title 49 U.S .C . Chapter 53). 

Public Notification I 

I 

38 MRSA §584-F. Ozone health warnings. I 

38 MRSA states : 

§584-F. Ozone health warnings 

1 . Dissemination of warnings to media. Whenever monitored data demonstrates or the department predicts that 

ground-level ozone concentrations have exceeded or will exceed . 08 parts per million averaged over an 8-hour 

period, the department shall disseminate a health warning to the mass media, including television, radio and 

print media, and shall urge the media to issue the warning to the general public. The department shall use best 

efforts to educate the media as to the need to broadly disseminate health warnings to the public. 

2. Telephone hot line. The department shall provide information to the public on daily ground-level ozone 

concentrations by a toll free ozone information telephone hot line . Maine continues to issue daily air quality forecasts and advisories pursuant to its 

Performance Partnership Agreement 

Chapter 4 of Maine's initial SIP, approved on October 18, 1972, contains for public 

notification in the event an NAAQS exceedence. Chapter 9 of this SIP contains provisions 

for intergovernmental cooperation with federal and state government entities . 

100(a)(2)(J)- PSD and States must meet 38 MRSA §584-8. Establishment of ambient increments -- Class I regions 

Visibility Protection applicable requirements 

of part C related to 06-096 CMR Chapter 114. Classification of Air Quality Control Regions 

prevention of significant 

deterioration and This regulation determines those areas that have been officially found to be exceeding the ambient air 

visibility protection quality standards, and are therefore nonattainment areas. It also designates which class of increment 

that will appl y in each area . 

17 
06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 

Maine's PSD regulations require the owner of any proposed new major source or major modification 

to demonstrate that any increased emissions from a proposed facility or expansion would not 

significantly deteriorate air quality, regardless of where these emissions may travel . Proposed 

facilities subject to Maine's PSD licensing requirements must therefore assess PSD increment 

consumption in Maine as well as adjacent or downwind states . 

The federal visibility regulations promulgated in December 1980' require consideration of the effects 

of new sources on the visibility values of Federal Class I areas. Chapter 115 of the Department's 

regulations requires owners and operators of all new major stationary sources or major modifications 

to perform an additional impact analysis to assess impacts on visibility in federal Class I areas. In 

practice, this provision requires a modeling demonstration that may consist of a Level I or Level lI 

visibility screening analysis, or a more refined visibility modeling review that would involve the use 

of tools such as the CALPUFF model. These analyses require the source owner or operator to 

demonstrate that operation of the source will have an insignificant visibility impact on the applicable 

Class I area. The Department works closely with the appropriate federal land manager when 

reviewing these analyses . This provision of Maine's NSR regulations essentially prohibits the 

permitting of a major stationary source or major modification that may significantly degrade visibility 

in a federal Class 1 area . 

The NSR program in Maine is implemented through the Chapter 100 Definitions Regulation which 

was approved into the SIP on October 15, 19962, the Chapter 113 Growth Offset Regulation which 

was approved into the SIP on February 14, 19963, and the Chapter 115 Major and Minor Source Air 

Emission License Regulations which were approved into the SIP by EPA on February 14, 19964 (See 

Attachments). Although these rules have been amended several times since being incorporated into 

the SIP, these revisions did not change any of the major source permitting requirements, and the 

current state regulations are consistent with the SIP-approved versions for the purposes of 

implementing the New Source Review program. 
110(a)(2)(K)- Air Quality SIPs must provide for 06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 

Modeling/Data performing air quality 

modeling for predicted Section 7 of Chapter 115 states : 

effects on air quality of 

emissions from any 7. Ambient Air Quality Analysis 

NAAQS pollutant and 

submission of such data A. General. It shall be the burden of any applicant to provide an affirmative demonstration that its emissions, 

to EPA upon request 

in conjunction with all other sources, will not violate ambient air quality standards, established pursuant to 

Chapter 110 of the Department's Regulations, except that sources in nonattainment areas or which 

significantly impact a nonattainment area shall be required to demonstrate that the source's emissions are 

consistent with Reasonable Further Progress provisions of the State Implementation Plan. An applicant 

may use ambient air monitoring, modeling, or other assessment techniques as approved by the Department. 

New Source Review modeling required pursuant to Subsection 7(C and D) of this Chapter shall be 

consistent with EPA regulations and guidelines or other requirements under the CAA. The analyses shall 

include relevant emissions units at the source, meteorological and topographical data necessary to estimate 

such impacts, and shall consider the impact of fugitive emissions, to the extent quantifiable, secondary 

emissions, and emissions from other existing sources including increases in mobile and area source 

emissions impacting the same area. 

The level of analysis shall depend upon the size of the source, the regulated air pollutants emitted, existing 

air quality, proximity to Class I or nonattainment areas, or areas where increment has been substantially 

consumed. (For the purposes of this Subsection, the Class I area shall include any conservation easements 

under the jurisdiction of an appropriate Federal Land Manager as of August 7, 1977.) The air quality 

impact analysis, in general, will not be required of the applicant for those regulated pollutants that are not 

listed under "significant emissions increase" in Chapter 100 of the Department's regulations. The analysis 

shall be conducted in accordance with the provisions of Subsection 7(E) of this Chapter, Chapter 116 of the 

Department's regulations and Appendix W to 40 CFR Part SI - Guideline on Air Quality Models . 

Air quality modeling conducted as part of the licensing of a new source or modification in the United States 

is substantially governed by the Appendix W to 40 CFR Part 51 - Guideline on Air Quality Models. That 

modeling guidance was first promulgated in 1978 and by law, must be routinely updated by EPA. Thus, 

federal regulatory guidance on modeling and the list of acceptable models do change. The Department 

recognizes that air dispersion modeling guidance will be periodically updated, to reflect the latest federal 

uidance. To maintain an orderly licensing process in the State, applicants will be re quired to conform 

19 
with those procedures and guidelines in effect at the time of Department approval of a written modeling i 

protocol that meets all applicable requirements, and to complete modeling, as approved, and submit results ' 

within six (6) months of the date of approval of the protocol. If the protocol calls for collection of on-site ! 

meteorological data, then the starting date for the on-site data collection must be no later than 6 months ~ 

after approval of the protocol and modeling results must be submitted within six (6) months of obtaining ~ 

acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling ' 

protocol will require conformance with current applicable air dispersion modeling guidance . I ,

06-096 Chapter 116 Prohibited Dispersion Techniques I 

This Chapter adopts regulations consistent with federal requirement concerning stack height and other dispersion 

techniques, such as merging of plumes. These regulations also define the area surrounding the source where 

ambient air quality standards do not have to be met. 

06-096 CMR Chapter 140 Part 70 Air Emission License Regulations 

This regulation contains air quality modeling requirements for Part 70 sources that are analogous to those 

contained within Chapter 115 . 

110(a)(2)(L)- Permitting Each major stationary 38 MRSA §353-A. Annual air emissions license fees. 

Fees source shall pay 

permitting fees to cover 38 MRSA §§ 353-A(1) states : Fees assessed. After the effective date of this section, a licensee must pay an 

the cost of reviewing, annual fee assessed on the sum of all licensed allowable air pollutants, except for carbon monoxide, as follows : 

approving, implementing 

and enforcing a permit Annual licensed emissions in tons Per ton fee 

1-1,000 $5 

1,001 -4,000 $10 

over 4,001 $15 

38 MRSA §§ 353-A(IA) states : Annual fee surcharge. Beginning November 1, 1994, a licensee shall pay an 

annual fee surcharge of $10 per every 1,000 air quality units as defined in section 582, subsection 11-E. 

38 MRSA §§ 353-A(2) states : Fee adjustment. The commissioner may adjust the per ton fees, the annual fee 

20 
surcharge set forth in subsection 1-A and the maximum and minimum fees set forth in subsection 4 on an annual 

basis according to the United States Consumer Price Index established by the federal Department of Labor, 

Bureau of Labor Statistics. ' 

110(a)(2)(M)- States shall provide for 5 MRSA Chapter 375, Subchapter 2 establishes rulemaking requirements for state agencies, 

Consultation/Participation consultation and including public notification procedures. i 

By Affected Local Entities participation in SIP ii 

development by local 38 MRSA §597 Municipal air pollution control. i 

political subdivisions 

affected by the SIP 38 MRSA §597 states : I 

Nothing in this chapter shall be construed as a preemption of the field of air pollution study and control on the II 

part of the State . Municipalities may study air pollution and adopt and enforce air pollution control and I 

abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any II 

standard, order or other action promulgated pursuant to this chapter . Local ordinance provisions which touch I 

on matters not dealt with by this chapter or which are more stringent than this chapter shall bind persons I 

residing in the municipality. II 

I 

Chapter 9 of Maine's initial SIP, which was approved on October 28, 1972, contains 

intergovernmental cooperation provisions . 

21 
2.0 Discussion 

Each of the requirements of section 110(a)(2) of the CAA (Subparagraphs A-M) is 

presented below, along with a discussion of those Maine SIP elements meeting these 

requirements. 

(A) Section 110(a)(2)(A) Requirement: Include enforceable emission limitations and 

other control measures, means, or techniques (including economic incentives such as 

fees, marketable permits, and auctions of emissions rights), as well as schedules and 

timetables for compliance, as may be necessary or appropriate to meet the applicable 

requirements of this Act. Maine may make changes to its laws and regulations that it 

believes in its discretion are appropriate, while continuing to fulfill this obligation. 

Maine's Plan: Maine has established laws and regulations that include enforceable 

emissions limitations and other control measures, means or techniques, as well as 

schedules and timetables for compliance to meet the applicable requirements of the CAA. 

At present, Maine's statutory authority is set out in 38 MRSA, Chapter 4 "Protection and 

Improvement of Air". Legislative authority giving the Maine Board of Environmental 

Protection the authority to promulgate Regulations is codified at 38 MRSA Chapter 2, 

Subchapter 1 : Organization and Powers ." Statutory authority to establish emission 

standards and regulations implementing ambient air quality standards is contained in 38 

MRSA Chapter 4, Sections 585 and 585-A. In addition to statutory authority, the Maine 

Department of Environmental Protection (MEDEP) has promulgated a comprehensive 

suite of rules addressing the control of both primary and secondary (condensable) 

particulate emissions.s 

(B) Section 110(a)(2)(B) Requirement: Provide for establishment and operation of 

appropriate devices, methods, systems, and procedures necessary to (i) monitor, compile, 

and analyze data on ambient air quality, and (ii) upon request, make such data available 

to the Administrator. 

Maine's Plan: Maine has established and currently operates appropriate devices, 

methods, systems and procedures necessary to monitor, compile and analyze data on 

ambient air quality, and upon request, makes such data available to the Administrator. 

Maine will continue to operate devices, methods, systems and procedures and may make 

changes that it believes in its discretion are appropriate, while continuing to fulfill this 

obligation. At present, Maine DEP operates a comprehensive ambient air quality monitoring 

and data analysis program for all required NAAQS through a statewide network of air quality 

monitors, and maintains a database on these pollutants that are released from new and existing 

area, point and mobile sources . These data are reviewed in accordance with the Quality 

Assurance Project Plans (QAPPS) and submitted to AQS within 90 days of the end of each 

quarter as required by 40 CFR Part 58 . 

5 Maine is currently in the process of updating several of its rules to incorporate the 1997 PM 2.5 NAAQS; 

since no PM2.5 NAAQS implementation requirements are dependent upon these rules, they do not affect 

Maine's implementation of the PM2.5 NAAQS or satisfaction of CAA section 110(a)(2). 

22 
" All data is measured using U.S. EPA approved methods as either Reference or 

Equivalent monitors; all monitors are subjected to the quality assurance requirements 

of 40 CFR Part 58; Appendix A; and all samplers are located at sites that have met 

the minimum siting requirements of Part 58, Appendix E. The data is submitted to 

the EPA's Air Quality System (AQS) system, in a timely manner in accordance to the 

scheduled prescribed by the U.S . EPA in 40 CFR Part 58. 

" In order to keep EPA informed of changes to the sampling network, Maine provides 

EPA Region I with prior notification of any planned changes to the network. As 

needed, details of these changes and anticipated approvals of the changes are 

communicated to EPA. On an annual basis, Maine sends EPA a summary table of all 

the changes to the network. This summary also provides for a description of each 

change, the reason for each change, and any other information relevant to the change. 

Maine submits data to the AQS system, in a timely manner, pursuant to the schedule 

prescribed by the EPA in 40 CFR Part 58. 

" Maine has, and will, continue to submit data to EPA's Air Quality System 

("AQS") in a timely manner in accordance to the scheduled prescribed by the 

U.S . EPA in 40 CFR Part 58. 

(C) Section 110(a)(2)(C) Requirement: Include a program to provide for the 

enforcement of the measures described in subparagraph (A), and regulation of the 

modification and construction of any stationary source within the areas covered by the 

plan as necessary to assure that national ambient air quality standards are achieved, 

including a permit program as required in parts C and D. 

Maine's Plan: Maine has established and currently operates a program to provide for the 

enforcement of the enforceable emission limitations and other control measures, means, 

or techniques, as well as schedules and timetables for compliance, as may be necessary or 

appropriate to meet the applicable requirements of the CAA and to regulate the 

modification and construction of any stationary source within areas covered by its SIP as 

necessary to assure the NAAQS are achieved, including permit programs required in 

parts C and D. Maine's authority for enforcing SIP measures is established in 38 MRSA 

Sections 347-A through 349, and includes processes for both civil and criminal 

enforcement actions . Construction of new or modified stationary sources in Maine is 

regulated by the 06-096 CMR Chapter 115 Major and Minor Source Air Emission 

License Regulations and the 06-096 CMR Chapter 140 Part 70 Air Emission License 

Regulations. 

(D) Section 110(a)(2)(D) Requirement: Contain adequate provisions - (i) prohibiting, 

consistent with the provisions of this title, any source or other type of emissions activity 

within the State from emitting any air pollutant in amounts which will - (I) contribute 

significantly to non-attainment in, or interfere with maintenance by, any other State with 

respect to any such national primary or secondary ambient air quality standard, or (II) 

interfere with measures required to be included in the applicable implementation plan for 

any other State under part C to prevent significant deterioration of air quality or to protect 

23 
visibility, (ii) insuring compliance with the applicable requirements of sections 126 and 

115 (relating to interstate and international pollution abatement) . 

Maine's Plan: The Maine SIP contains adequate provisions prohibiting sources from 

emitting air pollutants in amounts which will contribute significantly to nonattainment 

or interfere with maintenance with any NAAQS, and to prevent interference with 

measures related to preventing significant deterioration of air quality or which have to 

date proved adequate to protect visibility and to address interstate and international 

pollutant abatement. 

" On April 24, 2008, Maine submitted revisions to its SIP addressing the Interstate 

Air Pollution Transport Requirements of CAA Section 110(a)(2)(D(i). This SIP 

revision demonstrated that Maine sources do not contribute significantly to 

nonattainment or interfere with maintenance of the ozone and PM2.5 NAAQS ion 

another state. 

Maine's SIP currently addresses the Section 110(a)(2)(D) interstate transport provisions 

through the following program elements: 

" Section 110(a)(2)(D)(i)(I) : Major stationary sources for 8-hour ozone and PM2.5 

are currently subject to nonattainment New Source Review (NSR) and Prevention of 

Significant Deterioration (PSD) permitting programs under the 06-096 CMR Chapter 

115 Major and Minor Source Air Emission License Regulations6 . 

" Section 110(a)(2)(D)(i)(11) : PSD requirements under 06-096 CMR Chapter 115 

Major and Minor Source Air emission License Regulations. Major sources are 

subject to NSR and PSD permitting programs implemented in accordance with EPA's 

interim guidance calling for use of PM io as a surrogate for PM2.Srelated to the nonattainment and PSD NSR program requirements. The State of Maine confirms that it 

is meeting this requirement for the use of PMio as a surrogate for PM2.5 in the PSD 

and NSR programs. 

" The EPA's guidance advises that the section 110(a)(2)(D)(i) requirement related 

to protection of visibility is deferred until such time as Maine submits its Visibility 

SIP. Maine's Visibility SIP will assess whether there is interference with measures 

required to be included in the applicable implementation plan for any other State to 

protect visibility . 

; 

Section I 10(a)(2)(D)(ii): Nothing in Maine's statutory or regulatory authority 

rohibits or otherwise interferes with Maine's ability to exercise sections 126 and 115 

of the CAA. 

6 Since EPA has not issued the final NSR/PSD rule for PM2.5, Maine is following EPA's PM 10 surrogate 

guidance documents, specifically the April 5, 2005 Steven D. Page memorandum entitled "Implementation 

of New Source Review Requirements in PM-2.5 Nonattainment Areas," and the October 23, 1997, John S. 

Seitz memorandum entitled "Interim Implementation of New Source Review Requirements for PM2.5," 

referenced therein. 

24 
(E) Section 110(a)(2)(E) Requirement: Provide (i) necessary assurances that the state 

(or, except where the Administrator deems inappropriate, the general purpose local 

government or governments, or a regional agency designated by the state or general 

purpose local governments for such purpose) will have adequate personnel, funding, and 

authority under state (and, as appropriate, local) law to carry out such implementation 

plan (and is not prohibited by any provision of federal or state law from carrying out such 

implementation plan or portion thereof), (ii) requirements that the State comply with the 

requirements respecting State boards under section 128, and (iii) necessary assurances 

that, where the state has relied on a local or regional government, agency, or 

instrumentality for the implementation of any plan provision, the state has responsibility 

for ensuring adequate implementation of such plan provision. 

Maine's Plan: With respect to the obligations under this section, Maine assures EPA that 

it has adequate authority under state law pursuant to 38 MRSA, Chapter 4 "Protection 

and Improvement of Air" to carry out its SIP obligations with respect to fine particulate 

(PM2,5) NAAQS. MEDEP does not believe that there is any prohibition in any federal or 

state law that would prevent it from carrying out its SIP or any portion thereof. Further, 

MEDEP assures EPA that through the State of Maine General Fund, the Maine 

Environmental Protection Fund, and through the Title V fee program, it has, and will 

continue to have, funding to carry out its SIP obligations. Further, the MEDEP believes 

its funding sources are sufficient to provide adequate personnel for those purposes; 

however, Maine may make changes that it believes in its discretion are appropriate, while 

continuing to fulfill this obligation. 

At present Maine fulfills this obligation by virtue of having adequate personnel and 

funding through the CAA § 105 grant process (federal grant funds), the State of Maine 

general fund (state tax revenues), and appropriated special funds collected by the State of 

Maine from application fees, permit fees, renewal fees, and civil or administrative 

penalties or fines. Maine does not anticipate the need for additional resources beyond 

those to be appropriated in the above manner to carry out its SIP requirements . 

(F) Section 110(a)(2)(F) Requirement: Require, as may be prescribed by the 

Administrator - (i) the installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps, by owners or operators of stationary sources to 

monitor emissions from such sources, (ii) periodic reports on the nature and amounts of 

emissions and emissions-related data from such sources, and (iii) correlation of such 

reports by the State agency with any emission limitations or standards established 

pursuant to this Act, which reports shall be available at reasonable times for public 

inspection. For the fine particulates (PM2.5) NAAQS, Maine's SIP already contains the 

other elements addressing § § 110(a)(F)(i) and (ii) as discussed in the section 1 .0 and the 

table thereto of this document. 

Maine's Plan : Maine requires that owners or operators of stationary sources monitor and 

submit periodic reports on the nature and amounts of emissions and emissions relateddate emissions from the sources (38 MRSA §590 ; 06-096 CMR Chapter 115; 06-096 

25 
CMR 117; and 06-096 CMR Chapter 140). This may include the installation, 

maintenance and replacement of equipment, where appropriate. The information 

submitted to the MEDEP is available to the public at reasonable times for public 

inspection pursuant to Maine law. Maine will continue to require reporting of emissions 

but may makes changes that it believes in its discretion are appropriate, while continuing 

to fulfill this obligation. Except as specifically exempted by the Maine statute (1 MRSA 

Chapter 13 Public Records and Proceedings), Maine makes all records, reports or 

information obtained by the MEDEP or referred to at public hearings available to the 

public . 

(G) Section 110(a)(2)(G) Requirement: Provide for authority comparable to that in 

section 3037 and adequate contingency plans to implement such authority; 

Maine's Plan: Maine has authority comparable to that in section 303 through both 

statute and regulation. 38 MRSA §347-A provides the Commissioner of the Maine 

Department of Environmental Protection to issue an emergency order, while 06-096 

CMR Chapter 109 provides for the restriction of emissions during air pollution 

emergencies. 

Pursuant to EPA guidance issued on March 24, 2008, emergency episode rules to be 

proposed by EPA will require only those states with a 24-hour PM2,5 concentration above 

140 pg/m3 in the most recent three years, to develop an emergency episode plan. Since 

Maine has not recorded a 24-hour PM2.5 concentration greater than 140 4g/M3 

, a PM2.5 

emergency episode plan will not be required. 

(H) Section 110(a)(2)(H) Requirement: Provide for revision of such plan - (i) from time 

to time as may be necessary to take account of revisions of such national primary or 

secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard, and (ii) except as provided in paragraph 

(3)(C), whenever the Administrator finds on the basis of information available to the 

Administrator that the plan is substantially inadequate to attain the national ambient air 

7 Section 303- Notwithstanding any other provisions of this Act, the Administrator upon receipt of 

evidence that a pollution source or combination of sources (including moving sources) is presenting an 

imminent and substantial endangerment to public health or welfare, or the environment, may bring suit on 

behalf of the United States in the appropriate United States District court to immediately restrain any 

person causing or contributing to the alleged pollution to stop the emission of air pollutants causing or 

contributing to such pollution or to take such other action as may be necessary. If it is not practicable to 

assure prompt protection of public health or welfare or the environment by commencement of such a civil 

action, the Administrator may issue such orders as may be necessary to protect public health or welfare or 

the environment. Prior to taking any action under this section, the Administrator shall consult with 

appropriate State and local authorities and attempt to confirm the accuracy of the information on which the 

action proposed to be taken is based. Any order issued by the Administrator under this section shall be 

effective upon issuance and shall remain in effect for a period of not more than 60 days, unless the 

Administrator brings an action pursuant to the first sentence of this section before the expiration of that 

period . Whenever the Administrator brings such an action within the 60-day period, such order shall remain 

in effect for an additional 14 days or for such longer period as may be authorized by the court in which 

such action is brought. 

26 
quality standard which it implements or to otherwise comply with any additional 

requirements established under this Act. 

Maine's Plan : Maine statute (38 MRSA §581 ; 38 MRSA 341-D) provides authority 

control the emission of air contaminants and to promulgate rules and plans to control air 

emissions. Maine will review and revise its SIP from time to time as may be necessary to 

take account of revisions of such primary or secondary NAAQS or the availability of 

improved or more expeditious methods of attaining such standard and whenever the 

Administrator finds on the basis of information available to the Administrator that the 

plan is substantially inadequate to attain the NAAQS which it implements or to otherwise 

comply with any additional requirements established under the CAA. 

(1) Section 110(a)(2)(1) Requirement: In the case of a plan or plan revision for an area 

designated as a non-attainment area, meet the applicable requirements of part D (relating 

to non-attainment areas) . 

Maine's Plan : Maine is in attainment of the 1997 PMZ.5 NAAQS. 

(J) Section 110(a)(2)(J) Requirement: Meet the applicable requirements of section 121 

(relating to consultation), section 127 (relating to public notification), and part C (relating 

to prevention of significant deterioration of air quality and visibility protection). 

Maine's Plan: Maine will meet the applicable requirements of section 121 (relating to 

consultation), section 127 (relating to public notification), and part C (relating to 

prevention of significant deterioration of air quality and visibility protection); but may 

makes changes that it believes in its discretion are appropriate, while continuing to fulfill 

this obligation. At present, Maine does so utilizing the following : 

- 06-096 CMR Chapter 139 Transportation Conformity provides a legal platform for the 

various consultation procedures that have been developed between the MEDEP, the 

Maine Department of Transportation and the Metropolitan Planning Organizations 

(MPOs). The MPOs provide the forum for consultation with local governments. Maine's 

MPOs are: (1) Androscoggin Transportation resource Center, (2) Bangor Area 

Comprehensive Transportation System, (3) Kittery Area Comprehensive Transportation 

Study, and (4) Portland Area Comprehensive Transportation Committee. 

All SIP revisions undergo public notice and hearing which have allowed for comment by 

the public which includes local political subdivisions . Maine believes the public notice 

and hearing processes also fulfills the section 121 consultation process. The submitted 

attainment plans and regulations in the approved Maine SIP specify organizations 

responsible for implementing and enforcing the plans. 

" The MEDEP makes real-time and historical air quality information available on its Web 

site . All relevant SIPs and plans to achieve the NAAQS contain public notification 

provisions related to air monitoring levels such as Air Quality Forecasts (AQI) and the 

MEDEP's website . The MEDEP provides extended range air quality forecasts, which 

27 
give the public advanced notice of air quality events . This advance notice allows the 

public to limit their exposure to unhealthy air and enact a plan to reduce pollution at 

home and at work. The MEDEP forecasts daily ozone and particle levels and issues these 

forecasts to the media and to the public via its website, telephone hotline and email. 

The MEDEP will be addressing any outstanding requirements related to part C (visibility 

protection) in its visibility SIP . 

(K) Section 110(a)(2)(K) Requirement: Provide for - (i) the performance of such air 

quality modeling as the Administrator may prescribe for the purpose of predicting the 

effect on ambient air quality of any emissions of any air pollutant for which the 

Administrator has established a national ambient air quality standard, and (ii) the 

submission, upon request, of data related to such air quality modeling to the 

Administrator. 

Maine's Plan: Maine will continue to perform modeling as required under the CAA and 

State laws and regulations (06-096 CCMR Chapter 115, 06-096 CMR Chapter 116 and 

06-096 CMR Chapter 140) to demonstrate attainment or for other planning purposes, and 

will continue to submit the Air Quality modeling data as part of Maine's relevant SIP 

submissions and through federal grant commitments or in other ways that EPA may 

request. 

(L) Section 110(a)(2)(L) Requirement: Require the owner or operator of each major 

stationary source to pay to the permitting authority, as a condition of any permit required 

under this Act, a fee sufficient to cover - (i) the reasonable costs of reviewing and acting 

upon any application for such a permit, and (ii) if the owner or operator receives a permit 

for such source, the reasonable costs of implementing and enforcing the terms and 

conditions of any such permit (not including any court costs or other costs associated 

with any enforcement action), until such fee requirement is superseded with respect to 

such sources by the Administrator's approval of a fee program under Title V. 

Maine's Plan : In a manner consistent with Maine law (38 MRSA §353-A), Maine will 

continue to require the owner or operator of each major stationary source to pay to the 

permitting authority (MEDEP), as a condition of any permit required under this Act, a fee 

sufficient to cover (i) the reasonable costs of reviewing and acting upon any application 

for such a permit, and (ii) if the owner or operator receives a permit for such source, the 

reasonable costs of implementing and enforcing the terms and conditions of any such 

permit (not including any court costs or other costs associated with any enforcement 

action), until such fee requirement is superseded with respect to such sources by the 

Administrator's approval of a fee program under title V pursuant to Maine law. Maine 

has a fully approved Title V operating permits program (effective December 17, 2001). 

Maine may make changes that it believes in its discretion are appropriate, while 

continuing to fulfill this obligation. 

(M) Section 110(a)(2)(M) Requirement: Provide for consultation and participation by 

local political subdivisions affected by the plan. 

28 
Maine's Plan : Maine will continue to provide for consultation and participation by local 

political subdivisions affected by the SIP pursuant to the public notice laws found in the 

Maine Administrative Procedures Act ( MRSA, Part 18, Chapter 375), as applicable. 

Furthermore, all SIP revisions undergo public notice and hearing which have allowed for 

comment by the public which includes local political subdivisions . We believe the public 

notice and hearing processes fulfill the requirements for consultation with local political 

subdivisions affected by the SIP . 

3.0 Conclusion 

Based on the information provided above, Maine fully complies with the requirements of 

CAA section 110(a)(2)(A) through section 110(a)(2)(M) .