STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

JOHN ELIAS BALDACCI DAVID P LITTELL

GOVERNOR MEMORANDUM

TO : Boardof Environmental Protection FROM : Jeffrey S. Crawford, Bureau of Air Quality DATE: November 14, 2007 RE: State Implementation Plan (SIP) Submittals- Section 110(a)(2)(D)(i) Plans. COMMISSIONER

Statutory and Regulatory Reference: A . Statutory authority. 38 MRSA Section 585-A provides that the Board of Environmental Protection "may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution." Section 107(a) of the 1990 Clean Air Act Amendments (CAA) provides that "Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national ambient primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State." Section 110of the CAAprovides that each state shall, after reasonable notice and public hearing, adopt and submit a plan which provides for the implementation, maintenance and enforcement of national ambient air quality standards. This plan, known as a State Implementation Plan (SIP) consists of the regulations and planning documents a state has developedto meet these air quality standards. As the rulemaking body of the Department of Environmental Protection, the Board may hold public hearings, and has traditionally been responsible for approving non-regulatory SIPsubmittals.

AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 287-7688 FAX: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX : (207) 822-6303 (207) 764 " 0477 FAX: (207) 760-3143 web site: www

.mainc .gov/dep printed on recycled paperB. Specific legal mandates requiring adoption. Section 110(a)(2)(D)(i) of the CAArequires each state to adopt a SIPwithin three years after promulgation of a national ambient air quality standard (NAAQS) containing adequate provisions: Prohibiting, consistent with theprovisions ofthis 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 nonattainment in, or interfere with maintenance by, any other State with respect to any such national 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 ofair quality or toprotect visibility. Location/Applicability: The proposed SIP amendments apply statewide. Description: OnJuly 16, 1997, EPAissued updated final air quality standards for 8-hour ozoneand PM2,51 . Dueto litigation, therewere significant delays in the implementation of the new standards and associated planning efforts by both EPAand thestates, including section 110(a)(2)(D)(i) submittals. On April 25, 2005, EPApublished afinding that States hadfailed to make the required section 110(a)(2)(D)(i) SIPsubmissions pertaining to the interstate transport of ozone and PMZ.5. The finding offailure to submit action requires EPAto issue afinal Federal Implementation Plan (FIP) to meet the requirements of section 100(a)(2)(D)(i) for both the 8- hour ozoneand PMZ_5standards unless EPAapproves a state SIPsubmission to meet those requirements. Using air quality data analysis techniques and air quality modeling conducted by EPAin support ofthe CleanAir Interstate Rule, this SIPrevision demonstrates that emissions fromMainedo not contribute significantly to other state's nonattainment or interfere with maintenance of the 8-hour ozone or PM2

.5 NAAQS, or otherwise interfere with visibility protection or other state's efforts to prevent significant deterioration of air quality. Environmental Issues: Ground level ozone is responsible for exacerbating a variety of respiratory ailments, such as asthma. Although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms 1 Particulate matter with a diameter of less than 2.5 microns.when they are exposed to ambient ozone while engaged in activity that involves physical

exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. Fine particulates, or PM2 .5, also pose a significant public health threat, with health effects including premature death and increased hospital admissions and emergency room visits (primarily the elderly and individuals with cardiopulmonary disease) ; increased respiratory symptoms and disease (children and individuals with cardiopulmonary disease such as asthma) ; decreased lung function (particularly in children and individuals with asthma) ; and alterations in lung tissue and structure and in respiratory tract defense mechanisms. Departmental Recommendation: The Department recommends that the Board post the proposed SIP amendments to a 30-day public comment period with opportunity to request a public hearing. Estimated Time ofPresentation: 15 minutes.