# Implementation, Maintenance and Enforcement of the PM2,5National Ambient Air Quality Standard in Maine

-Certification1 .0 Preamble, Introduction and Background AState Implementation Plan ("SIP") is a state plan that identifies how that state will attain and maintain air qualitythat conforms to each primary and secondary National Ambient Air Quality Standard ("NAAQS") . The SIPis 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 ofnew or revised NAAQS, including emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement ofthe standards. SIPs meeting the requirements of CAAsection 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 froman Earth Justice lawsuit against EPA for failure to take action against states that had not made SIP submissions that met the requirements of CAAsections 110(a)(1) and (2), EPAwas obligated to make official findings whether States have made the SIP submissions required to meet CAAsection 110(a)(2)(D)(i) relating to interstate transport no later than March 15, 2005. Additionally, the consent decree obligates EPAto 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 CAAsections 110(a)(1) and (2) . Pursuant to EPAguidance issued on October 2, 2007, SIPs must include the following elements of CAAsection 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 ofAdequate Resources (§ 110(a)(2)(E)) " Stationary Source Monitoring Systemand 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 CAAfor 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 formbelow .

## State of Maine Certification of State Implementation Plan Adequacy Required Section 110(a)(1) and (2) SIP Elements

For PM2,5 CAASection 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 Legislaturefinds and declares that airpollution exists with varying degrees ofseverity within this State; that 

### related measures such airpollution ispotentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property andproperty values, discourages recreational and other uses ofthe state's resources and is aesthetically unappealing. The Legislature by this chapter intends to exercise the police power ofthe State in a coordinatedstate-wide programto control present andfuture sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare ofall ofthe citizens ofthe State; protects property values andprotects 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 ajust and equitable manner the amount and type ofair 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 ambientair quality standards within the region in which applicable. 

### 38 MRSA §585-A. Establishment of standards 38 MRSA §585-Astates, in relevant part : The board may establish and amend re ulations to im plement ambient air quality standards and emissionstandards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region andprevent airpollution. 

### 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 licensefromthe department. 

### 06-096 CMRChapters 100 through 158 include a number of rules addressing the control of particulate emissions. These rules include: 06-096 CMRChapter 100 Definitions Regulation 06-096 CMRChapter 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 CMRChapter 104 Incinerator Particulate Emission Standard 06-096 CMRChapter 105 General Process Source Particulate Emission Standard 06-096 CMRChapter 109 Emergency Episode Regulation 

### 06-096 CMRChapter 110AmbientAir Quality Standards 06-096 CMRChapter 114 Classification of Air Quality Control Regions 06-096 CMRChapter 115 Major and Minor Source Air Emission License Regulations 06-096 CMRChapter 116 Prohibited Dispersion Techniques 

### 06-096 CMRChapter 117 Source Surveillance 06-096 CMRChapter 121 Emission Testing of Resource Recovery Facilities 06-096 CMRChapter 126 Capture Efficiency Test Procedures 

### 06-096 CMRChapter 137 Emission Statements 06-096 CMRChapter 138 Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides 06-096 CMRChapter 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 fromSmaller-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 systemwas 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 programfor all required NAAQS through a statewide network of air quality monitors, and maintains a database on these pollutants that are released fromnew and existing area, point and mobile sources. These data are reviewed in accordance with the Quality Assurance Project Plans (QAPPS) and submitted to AQSwithin 90 days of the end of each quarter. 

### 110(a)(2)(C)-Programfor Programfor enforcement 38 MRSA § 347-A. Violations. enforcement of control ofall SIP measures and measures the regulation of 38 MRSA§ 347-A states, in relevant part: construction of new or J . Generalprocedures. This subsection setsforth proceduresfor 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, ofrules adopted under this Title or ofthe terms or conditions ofa license, permit or order issued by the board or the commissioner, the commissioner may initiate an enforcement action by taking one or more ofthefollowing 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 Generalfor 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 ofCivil Procedure, Rule 3 . B . Before initiating a civil enforcement action pursuant to paragraph A, the commissioner shall issue a notice ofviolation to the person or persons the commissioner considers likely to be responsiblefor the alleged violation or violations. The notice ofviolation must describe the alleged violation or violations, to the extent then known by the commissioner; cite the applicable law, rule and termor condition ofthe license, permit or order alleged to have been violated; andprovide time periodsfor the alleged violator to take necessary corrective action and to respond to the notice. For violations the commissionerfinds to be minor, the notice may state thatfurther enforcement action will not bepursued ifcompliance is achieved within the time period specified in the notice or under other appropriate circumstances. The commissioner is not required to issue a notice ofviolation before issuing an emergency order pursuant to subsection 3 or other applicable provision ofthis Title; nor is the commissioner required to issue a notice ofviolation before re ferring an alleged violation to the Attorney Generalfor criminal prosecution or in a matterrequiring immediate enforcement action. 2 . Hearings. The commissioner shall give at least 30days' written notice to the allegedviolator ofthe date, time andplace ofany hearing heldpursuant to subsection 1, paragraphA, subparagraph (3) . The notice must specify the actor omission which is claimed to be in violation oflaw or regulation. Any hearing conducted under the authority ofthis subsection must be in accordance with theprovisions ofTitle 5, chapter 375, subchapter II! Atthe hearing, the alleged violator may appear inperson or by attorney and answer the allegations ofviolation andfile a statement ofthefacts, including the methods, practices and procedures, ifany, adopted or used by that person to comply with this chapter andpresent such evidence as may be pertinent and relevant to the alleged violation. After hearing, or in the event ofafailure ofthe alleged violator to appear on the date setfor a hearing, the commissioner shall, as soon aspracticable, makefindings of fact basedon the record and, ifthe commissioner finds that a violation exists, shall issue an order aimed at ending the violation. The person to whoman order is directed shall immediately comply with the terms ofthat 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 ofthe terms or conditions ofany ofthe 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 orpersons causing or contributing to the hazard to immediately take such actions as are necessary to reduce or alleviate the danger . Service ofa copy ofthe commissioner'sfindings andorder must be made by the sheriffor deputy sheriffor by handdelivery by an authorized representative ofthe department in accordance with the Maine Rules ofCivil Procedure. In the event that thepersons are so numerous that the specified method ofservice is a practical impossibility or the commissioner is unable to identify the person orpersons causing or contributing to the hazard, the commissioner shall make the order known throughprominent publication or announcement in news media serving the affected area. The person to whomthe order is directedshall 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 ofthe order the person may apply to the boardfor a hearing on the order. Within 7 working days after receipt ofthe application, the board shall hold a hearing, makefindings offact and vote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the boardchair using any meansfor signature authorized in the department's rules andpublished within 2working days after the hearing and vote. The nature ofthe hearing is an appeal . At the hearing, all witnesses must be sworn and the commissioner shall first establish the basisfor the order andfor naming the person to whomthe 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 ofa notice ofviolation pursuant to subsection 1 and

fthe alleged violator's resp onse to thatnotice or expiration ofthe time period specified in the after receipt onoticefor a response, in situations determined by the commissioner appropriateforfurther 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 ofthe Attorney General before beingsent to the alleged violator. B . All proposed administrative consent agreements sent to the alleged violator must be accompanied by written correspondencefromthe 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 ofthefactors considered by the commissioner in determining theproposed civilpenalty, 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 ofthe department's proceduresfor handling administrative consent agreements. The correspondence must also specify a reasonable timeperiodfor the alleged violator to respond to the proposedadministrative consent agreement and offer the opportunityfor a meeting with department staffto discuss the proposed agreement_ Consent agreements shall, to the greatest extent possible, clearly setforth 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 commissionerandapproved by the board . E. When the department and the alleged violator can not agree to the terms ofa consentagreement and the department elects to bring an enforcement action in District Courtpursuant to section 342, subsection 7, the District Court shall refer the parties to mediation ifeither party requests mediation at or before the time the alleged violator appears to answer the department's complaint. Theparties must meet with a mediator appointed by the CourtAlternative Dispute Resolution Service created in Title 4, section 18-Bat least once and try in goodfaith to reach an agreement. After thefirst meeting, mediation must end at the request ofeither party. Ifthe parties have been referred to mediation, the action may not be removed to Superior Court until after mediation has occurred. 5. Enforcement . All orders ofthe department may be enforced by the Attorney General and the department. If any order ofthe 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 ofthe Department of Environmental Protection may enter any property at reasonable hours and enter any building with the consent ofthe property owner, occupant or agent, or pursuant to an administrative search warrant, in order to inspect theproperty or structure, including the premises ofan industrial user ofa 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 ofany order, regulation, license, permit, approval or decision ofthe commissioner or ofthe board. 

### 38 MRSA §348. Judicial Enforcement 38 MRSA §348 states, in relevant part: 1 . General . In the event ofa violation ofany provision ofthe laws administered by the department or ofany order, regulation, license, permit, approval or decision ofthe board or commissioner or decree ofthe 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 thereofwithout recourse to any other provision of law administered by the department. 2 . Restoration. The court may order restoration ofany area affected by any action or inactionfound to be in violation ofanyprovision of lawadministered by the department or ofany order, rule, regulation, license, permit, approval or decision ofthe board or commissioner or decree ofthe court, as the case may be, to its condition prior to the violation or as near thereto as may be possible. Where the courtfinds 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 orsafety; B. Result in substantial environmental damage; or C . Result in a substantial injustice. 3 . Injunction proceedings. Ifthe departmentfinds that the discharge, emission or deposit ofany materials into any waters, air or land ofthis State constitutes a substantial and immediate danger to the health, safety or general welfare ofanyperson, persons or property, the department shallforthwith request the Attorney General to initiate immediate injunctionproceedings to prevent such discharge or the commissioner may authorize pursuit ofsuch an action in District Court. The injunction proceedings may be instituted without recourse to the issuance ofan order, as providedfor in section 347-B . 4 . Settlement A person who has resolved that person's liability to the State in an administrative orjudicially approved settlement and is implementing or hasfully implemented that settlement pursuant to its terms is not liablefor claims by otherpotentially liable persons regarding response actions, response costs or damages, including without limitation natural resource damages, addressed in the settlement. The settlement does notdischarge any other potentially liablepersons unless its terms so provide. The protection afforded by this subsection includes protection against contribution claims and all other types ofclaims under state lawthat may be asserted against the settlingpartyfor recovery ofresponse costs or damages incurred or paid by another potentially liable person, ifthose 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. Apotentially liableperson who commences an action against a person who isprotected fromsuits under this subsection is liable to the person againstwhomthe claimis broughtfor all reasonable costs ofdefending against the claim, including all reasonable attorney's and expert witnessfees. This section is not intended to create a right to contribution or other cause ofaction or to make a person liable topay aportion of another person's response costs, damages or civilpenalties. 

### 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 . Criminalpenalties. 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 ofthe terms or conditions ofan order, rule, license, permit, approval or decision ofthe board or commissioner, or who disposes of more than 500pounds or more than 100 cubicfeet oflitterfor a commercial purpose, in violation ofTitle 17, section 2264-A, commits a Class E crime . Notwithstanding Title 17- A, section 1301, thefinefor a violation ofthis subsection may not be less than $2,500and not more than $25, 000 for each day ofthe violation, except that the minimumamountfor knowing violations is $5,000 for each day of violation. This subsection does not apply to actions subject to the criminal penalties setforth in section 1319-T . 2 . Civil penalties. Except as otherwise specifically provided, a person whoviolates a lawadministered by the department, including, without limitation, a violation ofthe terms or conditions ofan order, rule, license, permit, approval or decision ofthe board or commissioner, or who disposes ofmore than 500pounds or more than 100 cubicfeet oflitterfor a commercial purpose, in violation ofTitle 17, section 2265-A, is subject to a civilpenalty, payable to the State, ofnot less than $100and not more than $10,000for each day ofthat violation or, ifthe violation relates to hazardous waste, ofnot more than $25,000for each day ofthe violation. This penalty is recoverable in a civil action. 6 . Maximum

penalties. The maximumcivilpenalty may exceed $10,000 fqr each day ofthat violation, but may not exceed $25,000for each day ofthe violation, when it can be shown thatthere has been a previous violation ofthe same law

by the same party within the 5 preceding years, and the maximumcriminal penalty may exceed $25,000for each day ofviolation, but may not exceed twice the amounts in subsection 1, when it can be shown that there has been aprevious violation ofthe 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 ofthe CAA and Section 590of 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 programas well as the pre-construction New Source Review

Program . For major sources the rule serves as a pre-construction NSRprogramwhile Chapter 140 implements the operating licensing requirements of 40 CFRPart 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, ofthe programs under the 06-096 CMRChapter 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 ofEnvironmental 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 ofEnvironmental Protection, in this Title called the "department. " ] .Purpose. The department shall prevent, abate and control the pollution ofthe air, water and land and preserve, improve andprevent diminution ofthe natural environment ofthe 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 ofthe Board ofEnvironmental Protection, in the laws administered b the de p artment called "board, "and o a Commissioner o Environmental Protection, in the



## 10laws administered by the department called "commissioner. " 3. Commissioner. The commissioner is appointed by the Governor, subject to reviewby thejoint standing committee ofthe Legislature havingjurisdiction over natural resource matters and to confirmation by the Legislature. A . The commissioner serves at the pleasure ofthe Governor. B . When the State receives authority to issuepermits under the Federal Water Pollution Control Act, 33 UnitedStates Code 1982, Section 1251 et seq., as amended, a person may not serve as commissioner who receives, or during the 2years prior to appointment has received, a significant portion of income directly or indirectlyfromlicense or permit holders or applicantsfor a license orpermit under the Federal Water Pollution Control Act. For thepurposes ofthis section, "a significant portion ofincome" means 10% or more ofgross personal incomefor a calendaryear, except that it means 50% or more ifthe recipient is over 60years ofage 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 staffofthe department. 4 . Licenses andpermits. For purposes ofthis Title, licenses orpermits issued by the department may be issued by either the commissioner or the board subject to the provisions ofsection 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 thefollowing 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 necessaryfor the interpretation, implementation and enforcement ofany provision oflawthat the department is charged with administering . The board shall also adopt, amend and repeal rules as necessaryfor the conduct ofits business. The department shall identify in its regulatory agenda, whenfeasible, a proposed rule orprovision ofa proposed rule that is anticipated to be more stringent than thefederal standard, ifan applicablefederal standard exists. During the consideration ofanyproposedrule by the board, whenfeasible, and using information available to it, the department shall identifyprovisions ofthe proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by thefederal standard, ifsuch afederal standardexists, and shall explain in a separate section ofthe basis statement thejustificationfor the difference between the agency rule and thefederal standard . Notwithstanding Title 5, chapter 375, subchapter 11, the board shall accept and consider additional public comment on a proposedrulefollowing the close oftheformal rule-making comment period at a meeting that is not apublic hearing only ifthe 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 ofthe meeting must comply with Title 1, section 406and state that the board will acceptadditionalpublic comment on theproposed 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 thefollowing duties: 1-A. Administration ofdepartment. The commissioner is the chiefadministrative officer ofthe department and responsiblefor all administrative matters ofthe department, except as otherwise specified. The commissioner shall assure that all determinations made by the staffofthe department arepromptly rendered. The commissioner shall resolve disputes between department staffand applicants with respect to any questions regarding requirements, interpretation or application ofthe laws, rules or departmentpolicy. In resolving disputes, the commissioner shall attempt to reach afair andappropriate result given all ofthe circumstances of the issue and may utilize the services ofsuch consultants or experts as the commissioner determines would be helpful to resolve any disputed issue. For purposes ofthis subsection and section 341-A, subsection 3, paragraph C, staffofthe department does not include staffofthe board. 

### 38 MRSA §581 . Declaration offindings and intent 38 MRSA §581 states in relevant part : The Legislaturefinds and declares that airpollution exists with varying degrees ofseverity within this State; that such airpollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property andproperty values, discourages recreational and other uses ofthe state's resources and is aesthetically unappealing. The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide programto control present andfuture sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner that reasonably insures the continued health, safety andgeneral welfare ofall ofthe citizens ofthe State; protects property values andprotects plant and animal life. Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively orprocedurally, the right ofany person to damage or other reliefon account ofinjury to persons orproperty due to violation ofair quality standards or emission standards and to maintain any action or other appropriate procedure therefore; nor to so affect the powers ofthe State to initiate, prosecute and maintain actions to abatepublic 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 systemto monitor emissions fromstationary 06-096 CMRChapter 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) Adescription of all reporting requirements. 

### 06-096 CMRChapter 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 CMRChapter 140 Part 70Air 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 andTitleVof the CleanAir Act, as amended, 42 U .S.C. 7401, et seq. ; and 38 MRSA, Section 344 and Section 590. This regulation contains compliance assurance requirements for licensed



## 13sources 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-Astates: 

### 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 ofthe terms or conditions ofany ofthe 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 orpersons causing or contributing to the hazard to 

### emergency episode immediately take such actions as are necessary to reduce or alleviate the danger. Service ofa copy ofthe 

### rOVlsioris in their SIPS commissioner'sfindings and order must be made by the sheriffor deputy sheriffor by hand delivery by an 

### p authorized representative ofthe department in accordance with the Maine Rules ofCivil Procedure. In the event that thepersons are so numerous that the specified method ofservice is a practical impossibility or the commissioner is unable to identify the person orpersons 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 whomthe 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 ofthe order the person may apply to the boardfor a hearing on the order. Within 7 working days after receipt ofthe application, the board shall hold a hearing, makefindings 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 meansfor signature authorized in the department's rules andpublished within 2 working days after the hearing and vote. The nature ofthe hearing is an appeal . At the hearing, all witnesses must be sworn and the commissioner shall first establish the basisfor the order andfor naming theperson to whomthe order was directed. The decision of the board may be appealed to the Superior Court in the manner provided by section 346 . 

### 06-096 CMRChapter 109 Emergency Regulations. This rule is intended to prevent air pollution fromreaching levels that would cause imminent and substantial harm to the health ofpersons, 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 Legislaturefinds and declares that air pollution exists with varying degrees ofseverity within this State; that in response t0 an EPA such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes



## 14

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

### substantially inadequate state's resources and is aesthetically unappealing. The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide program

to control present andfuture sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare ofall ofthe citizens ofthe State; protects property values andprotects plant and animal life. Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively orprocedurally, the right ofany person to damage or other reliefon account ofinjury to persons orproperty due to violation ofair quality standards or emission standards and to maintain any action or other appropriate procedure therefore; nor to so affect thepowers ofthe 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 necessaryfor the interpretation, implementation and enforcement ofany provision oflawthat the department is charged with administering . The boardshall also adopt, amend and repeal rules as necessaryfor the conduct ofits business. The department shall identify in its regulatory agenda, whenfeasible, a proposed rule or provision ofa proposed rule that is anticipated to be more stringent than thefederal standard, ifan applicablefederal standard exists. During the consideration ofanyproposed rule by the board, whenfeasible, and using information available to it, the department shall identifyprovisions oftheproposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by thefederal standard, ifsuch afederal standard exists, andshall explain in a separate section ofthe basis statement thejustificationfor the difference between the agency rule and thefederal standard. Notwithstanding Title 5, chapter 375, subchapter 11, the board shall accept and consider additional public comment on a proposed rulefollowing the close ofthe formal rule-making comment periodat a meeting that is not apublic hearing only ifthe 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 ofthe meeting must comply with Title 1, section 406and state that the board will accept additionalpublic comment on the proposed rule at that meeting. 

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



## 15

### requirements ofsection 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 thepublic 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 ofredesignating 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 befollowed 

### 06-096 CMRChapter 115 Major and Minor Source Air Emission License Regulations. 06-096 CMRChapter 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 ofthe application to all Federal Land Managers listed in Chapter 100 ofthe Department's regulations, and the Indian governing body ofany reservation located within 50 km ofany Major Modification or newMajor source on or before the date the applicant provides Notice of Intent to File to the public, and provide at least a thirty (30) dayspublic comment period. 

### 06-096 CMRChapter 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 other recipients offunds under

### Title 23 U .S.C. or the Federal Transit Laws (Title 49 U .S.C. Chapter 53) . I 

### Public Notification I 38 MRSA §584-F. Ozone health warnings. I 38 MRSA states: §584-F. Ozone health warnings 1 . Dissemination ofwarnings to media. Whenever monitoreddata 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 generalpublic . 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 tollfree 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)- PSDand 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 CMRChapter 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 CMRChapter 115 Major and Minor Source Air Emission License Regulations Maine's PSDregulations require the owner ofany proposed new major source or major modification to demonstrate that any increased emissions froma proposed facility or expansionwould not significantly deteriorate air quality, regardless of where these emissions maytravel . 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 ofthe effects of new sources on thevisibility values ofFederal Class I areas. Chapter 115 of the Department's regulations requires owners and operators of all new major stationary sources or major modifications to performan 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 reviewthat would involve the use oftools such as the CALPUFF model . These analyses require the source owner or operator to demonstrate that operation ofthe source will have an insignificant visibility impact on the applicable Class I area. The Department works closelywith theappropriate federal land manager when reviewing these analyses. This provisionofMaine's NSRregulations essentially prohibits the permitting ofa major stationary source or major modification that may significantly degrade visibility in afederal Class 1 area. The NSRprogramin 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 EPAon February 14, 19964 (See Attachments) . Although these rules have been amended several times since being incorporated into the SIP, these revisions did not change anyofthe major source permitting requirements, and the current state regulations are consistent with the SIP-approved versions for the purposes of implementing the New Source Reviewprogram .

### 110(a)(2)(K)- Air Quality SIPs must provide for 06-096 CMRChapter 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 fromany 7. AmbientAir QualityAnalysis 

## NAAQS pollutant and submission of such data A. General . It shall be the burden ofany 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, establishedpursuant 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 ofthe State Implementation Plan. An applicant may use ambient air monitoring, modeling, or other assessment techniques as approved by the Department. NewSource 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 offugitive 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 ofanalysis shall depend upon the size ofthe 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 ofthis Subsection, the Class I area shall include any conservation easements under thejurisdiction of an appropriate Federal Land Manager as ofAugust 7, 1977.) The air quality impact analysis, in general, will not be required of the applicantfor those regulated pollutants that are not listed under "significant emissions increase" in Chapter 100 ofthe Department's regulations. The analysis shall be conducted in accordance with theprovisions ofSubsection 7(E) ofthis Chapter, Chapter 116 ofthe Department's regulations and Appendix W to 40 CFR Part SI - Guideline on Air Quality Models. Air quality modeling conducted as part ofthe licensing ofa 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 latestfederal uidance . To maintain an orderl y licensing process in the State, a pplicants will be required to con f orm



## 19with those procedures and guidelines in effect at the time of Department approval ofa written modeling i protocol that meets all applicable requirements, and to complete modeling, as approved, and submit results ' within six (6) months ofthe date ofapproval ofthe protocol . Ifthe protocol calls for collection ofon-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 ofobtaining ~ acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling ' I protocol will require conformance with current applicable air dispersion modeling guidance. , 

### 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 CMRChapter 140 Part 70Air 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 ofthis section, a licensee must pay an the cost of reviewing, annualfee assessed on the sumofall licensed allowable airpollutants, exceptfor carbon monoxide, as follows: 

### approving, implementing and enforcing a permit Annual licensed emissions in tons Per tonfee 1-1,000 $5 1,001 -4,000 $10 

### over 4,001 $15 38 MRSA §§ 353-A(IA) states: Annualfee surcharge . Beginning November 1, 1994, a licensee shall pay an annualfee surcharge of$10per 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 tonfees, the annualfee



## 20surcharge setforth in subsection 1-A and the maximumand minimum fees setforth in subsection 4 on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau ofLabor 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 I Nothing in this chapter shall be construed as a preemption ofthefield ofair pollution study and control on the I part ofthe State. Municipalities may study airpollution and adopt and enforce airpollution 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 promulgatedpursuant 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 bindpersons 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 ofthe 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 ofAir" . 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 MRSAChapter 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 programfor all required NAAQS through a statewide network of air quality monitors, and maintains a database on these pollutants that are released fromnew 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 ofthe 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 CAAsection 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 40CFR 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 CFRPart 58. " In order to keep EPAinformed 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 CFRPart 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 Cand D . Maine's Plan: Maine has established and currently operates a programto provide for the enforcement ofthe 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 CAAand to regulate the modification and construction ofany stationary source within areas covered by its SIP as necessary to assure the NAAQS are achieved, including permit programs required in parts Cand D

. Maine's authority for enforcing SIP measures is established in 38 MRSA Sections 347-Athrough 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 CMRChapter 115 Major and Minor Source Air Emission License Regulations and the 06-096 CMRChapter 140 Part 70Air 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 fromemitting 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 Cto 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 SIPaddressing 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 programelements: " 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 CMRChapter 115 Major and Minor Source Air Emission License Regulations6. " Section 110(a)(2)(D)(i)(11) : PSDrequirements under 06-096 CMRChapter 115 Major and Minor Source Air emission License Regulations. Major sources are subject to NSRand PSD permitting programs implemented in accordance with EPA's interimguidance calling for use of PM io as a surrogate for PM2 .Srelated to the nonattainment and PSDNSRprogram requirements. The State of Maine confirms that it is meeting this requirement for the use of PMioas a surrogate for PM2 .5 in the PSD and NSRprograms. " The EPA's guidance advises that the section 110(a)(2)(D)(i) requirement related to protection ofvisibility 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 126and 115 of the CAA

. 6 Since EPAhas not issued the final NSR/PSDrule for PM2 .5, Maine is following EPA's PM 10 surrogate guidance documents, specifically the April 5, 2005 Steven D . Page memorandumentitled "Implementation of New Source ReviewRequirements in PM-2.5 Nonattainment Areas," and the October 23, 1997, John S. Seitz memorandumentitled "InterimImplementation 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 fromcarrying 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 EPAthat it has adequate authority under state law pursuant to 38 MRSA, Chapter 4"Protection and Improvement ofAir" 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 fromcarrying out its SIP or any portion thereof. Further, MEDEP assures EPAthat through the State of Maine General Fund, the Maine Environmental Protection Fund, and through the Title Vfee 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 ofMaine general fund (state tax revenues), and appropriated special funds collected by the State of Maine fromapplication 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 fromsuch sources, (ii) periodic reports on the nature and amounts of emissions and emissions-related data fromsuch sources, and (iii) correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, whichreports 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 andthe 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 fromthe sources (38 MRSA §590; 06-096 CMRChapter 115 ; 06-096 25

## CMR 117; and 06-096 CMRChapter 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 303through both statute and regulation. 38 MRSA §347-A provides the Commissioner ofthe Maine Department of Environmental Protection to issue an emergency order, while 06-096 CMRChapter 109 provides for the restriction ofemissions during air pollution emergencies. Pursuant to EPA guidance issued on March 24, 2008, emergency episode rules to be proposed by EPAwill require only those states with a 24-hour PM2,5concentration 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) fromtime 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 ofthis 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 ofthe 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 ofpublic health or welfare or the environment by commencement ofsuch acivil action, the Administrator may issue such orders as may be necessary to protect public health or welfare or the environment. Prior to taking anyaction under this section, the Administrator shall consult with appropriate State and local authorities and attempt to confirmthe 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 ofthis section before the expiration ofthat 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 SIPfromtime to time as may be necessary to take account ofrevisions 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 ofpart D(relating to non-attainment areas) . Maine's Plan: Maine is in attainment ofthe 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 (relatingto 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 CMRChapter 139Transportation Conformity provides a legal platformforthe 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 forumfor 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 containpublic notification provisions related to air monitoring levels such as Air Quality Forecasts (AQI) and the MEDEP's website. The MEDEPprovides 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 MEDEPwill 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 ofany 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 performmodeling as required under the CAA and State laws and regulations (06-096CCMRChapter 115, 06-096 CMRChapter 116 and 06-096 CMRChapter 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 EPAmay 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 ofany 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 programunder 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 ofreviewing and acting upon any application for such apermit, 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 programunder title Vpursuant to Maine law . Maine has a fully approved Title Voperating 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 CAAsection 110(a)(2)(A) through section 110(a)(2)(M) .