STATE OF MAINE 

BOARD OF ENVIRONMENTAL PROTECTION 

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IN RE: PROPOSED AMENDMENTS TO CHAPTER 112, 

BULK TERMINAL PETROLEUM LIQUID TRANSFER 

REQUIREMENTS 

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Public hearing held before Paula B. 

Crabtree, a Notary Public in and for the State of 

Maine, at the Augusta Civic Center, Augusta, Maine, 

on December 17, 1997, pursuant to notice given. 

BOARD MEMBERS: 

Osmond Bonsey, Chairman 

John Marsh 

Kathy Littlefield 

Charles Stickney, Jr. 

Norman Dean 

Andrew Cadot 

Philip Soucy 

Jean T. Wilkinson 

Cheryl Bascomb 

John Tewhey 

STAFF MEMBERS: 

Commissioner Edward Sullivan 

Jeff Crawford 

Stephanie Carver 

Carolyn Wheeler 

ALLEY & MORRISETTE REPORTING SERVICE (207) 626-0059 
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(This public hearing was held before Paula 

B. Crabtree, Notary Public, at the Augusta Civic 

Center, Augusta, Maine, on December 17, 1997, 

beginning at 9:06a.m.) 

PROCEEDINGS 

MR. BONSEY: Well, I think it's nine o'clock, or 

9 past, so if we can gather around. Well, good morning everyone, 

10 and welcome to this December 17, 1997 meeting of the Board of 

11 Environmental Protection. 

12 The first item on our agenda this morning is a 

13 public hearing, but I think maybe it would be appropriate at 

14 this time to introduce those here at the head table. On my 

15 left is board member John Marsh from West Gardiner, Andy Cadet 

16 from Freeport, Cheryl Bascomb from New Gloucester, and our 

17 commissioner, Ned Sullivan; on my right is John Tewhey from 

18 Gardiner -- from Gorham, Kathy Littlefield from Waldo, Phil 

19 Soucy from Fort Kent, and Charles Stickney from Yarmouth. Jean 

20 Wilkinson from Cumberland is also with us, and should be back 

21 shortly. I'm Osmond Bonsey, board member from Surry, who will 

22 be the chairman here today. 

23 So our first item on the agenda, rather than to go 

24 through the other initial items listed as number one, is a 

25 public hearing, so I will read this statement that is provided 
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1 to -- for the opening of this hearing. 

2 This is, as noted, a meeting of the Board of 

3 Environmental Protection. We will be holding a public hearing 

4 today on Chapter 112, Bulk Terminal Petroleum Liquid Transfer 

5 Requirements. My name is Osmond Bonsey, I'm a member of the 

6 Board of Environmental Protection, and I'll be the presiding 

7 officer today. Other board members here today are John Marsh, 

8 Andrew Cadot, Cheryl Bascomb, Phil Soucy, Kathy Littlefield, 

9 John Tewhey, Jean Wilkinson. Did I name everybody on that 

10 list? 

11 Staff here today from the Department of 

12 Environmental Protection, Bureau of Air Quality, are Jeff 

13 Crawford, Stephanie Carver and Carolyn Wheeler. 

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1 5 I Services. 

Our recorder today is Alley & Morrisette Recording 

1 6 Today's hearing is being held pursuant to 38 

17 M.R.S.A., Sections 585, 585-A, Public Law Chapter 384, Section 

18 14 and Section 112 of the Clean Air Act. 

19 In addition, because this amendment will be 

20 submitted as a revision of Maine State Implementation Plan for 

21 Air Quality, today's hearing will be conducted pursuant to the 

22 requirements of Title 40, Part 51 of the Code of Federal 

23 Regulations. 

24 Notice of today's hearing was published in the 

25 Kennebec Journal on November 14, 1997, and in the Kennebec 
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1 Journal, Lewiston Daily Sun, Waterville Morning Sentinel, 

2 Portland Press Herald, and Bangor Daily News on November 26, 

3 1997. 

4 Notice of today's hearing was also sent to all 

5 persons on the Department's regulatory notice mailing list, and 

6 to other persons who have expressed interest in the rule that 

7 is the subject of today's hearing. 

8 The record for written comments shall remain open 

9 until 5:00p.m. on December 31, 1997. All written testimony 

10 should be addressed to the Bureau of Air Quality, attention 

11 Carolyn Wheeler, and clearly marked as follows: For inclusion 

12 in the December 17, 1997 Chapter 112 public hearing record. 

13 Today's hearing will be transcribed and made 

14 available to all board members. Based on the complete record, 

15 the board will vote to approve, deny, or amend the proposed 

16 amendments at a regularly scheduled board meeting. 

17 Copies of the final staff recommendation will be 

18 available upon request before the rule is presented for 

19 adoption. An attendance sheet is currently circulating the 

20 room. Please indicate on the sheet if you desire to receive a 

21 copy of the draft final rule. 

22 Following adoption of this rule, the department 

23 will prepare a formal submittal to the U.S. Environmental 

24 Protection Agency, for inclusion in the State Implementation 

25 Plan. 
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1 At this time, I would ask all persons who intend to 

2 testify, to please stand to be sworn in. Raise your right 

3 hand. Do you swear to tell the truth, the whole truth, and 

4 nothing but the truth? 

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MR. CRAWFORD: I do. 

MR. BONSEY: Not going to have a lot of testimony 

7 today, I guess. 

8 Procedures call for presentations first by 

9 proponents, second by opponents, and third by other interested 

10 parties neither for nor against. If you plan to speak and have 

11 not already done so, please sign in now on the appropriate 

12 speaker's sheet at the front table. 

13 Following each presentation, there will be an 

14 opportunity for members of the board to direct questions 

15 through the chair. 

16 Copies of the proposed rule are available on the 

17 chair by the door. That means furniture chair, not the chair. 

18 I note Norm Dean, board member from Madison, has 

19 arrived, so it looks like we really have a full slate of board 

20 members here today. 

21 Are there any questions? If there are no 

22 questions, we'll hear testimony beginning with staff. 

23 MR. CRAWFORD: Good morning, Chairman Bonsey, 

24 members of the board. My name is Jeff Crawford, I'm 

25 representing the Bureau of Air Quality today. 
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1 This public hearing is on proposed amendments to 

2 the Chapter 112, Bulk Terminal Liquid Transfer Requirements 

3 Regulation. The proposal before you involves incorporation, by 

4 reference, of the federal MACT standards. The MACT standards 

5 are maximum available control technologies. They're technology 

6 driven requirements to control the release of hazardous air 

7 pollutants. These are toxics. The federal government has 

8 promulgated a number of these MACT standards, and as they're 

9 being promulgated at the federal level, states have the option 

10 of incorporating them within their regulations. By doing so, 

11 you eliminate dual regulation, and, essentially, provide the 

12 customer with one-stop shopping. 

13 Today's regulation will incorporate the MACT 

14 standards for stage one. That is, when you load gasoline into 

15 an underground tank at a gas station, capture those vapors; and 

16 also for marine vessel tank loading, in other words, unloading 

17 and loading of ships. 

18 At this point in time, it looks as though we have 

19 three potential sources that are regulated by this regulation; 

20 although, I believe that all three of them will be taking a 

21 license restriction that will essentially eliminate their 

22 involvement. So this is a -- kind of a just in case, if you 

23 will, as a regulation. But it does potentially affect as many 

24 as three sources in Maine, and will avoid dual regulation, if, 

25 in fact, those sources, or other sources, should become subject 
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1 to the regulation in the future. 

2 And that concludes my testimony. 

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4 Yes, Andy. 

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MR. BONSEY: Board members have any questions? 

MR. CADOT: You said three sources in Maine? 

MR. CRAWFORD: Yes. I believe -- my understanding 

7 is there are -- there are approximately three sources that are, 

8 or could be subject to this, were it not for license 

9 restrictions limiting their emissions to low 10 -- 10 pound 

10 threshhold. 

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Oil. 

MR. CADOT: And what are those three? 

MS. CARVER: Star Enterprise, Gulf Oil, and Mobil 

MR. CRAWFORD: Thank you. Also as an addendum, if 

15 you would, I would like to introduce into the record, and it is 

16 also in your board packets beginning at page 246, testimony 

17 provided to Ellen During, who is our chief of our air toxic 

18 section, from the Bureau of Health. And for --whenever the 

19 board adopts regulations for the control of toxics, we're 

20 required, under 22 M.R.S.A., 585-B(2)(A), to'include any 

21 testimony as far as health risk assessments, and any other 

22 information that the Bureau of Health may have on the 

23 pollutants that are subject to control. And I would like to 

24 incorporate that memorandum, along with a listing of toxics, 

25 into the record for this hearing also. Thank you. 
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1 MR. BONSEY: Any other questions? If not, I 

2 believe that completes our hearing, unless there's somebody who 

3 came in just recently who wishes to speak. No. Okay. The 

4 the hearing is hereby declared closed. 

5 (Whereupon the public hearing was 

6 closed at 9:15a.m.) 

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C E R T I F I C A T E 

I, Paula B. Crabtree, a Notary Public in 

and for the State of Maine, hereby certify that on 

the 17th day of December, 1997, the foregoing hearing 

was taken before me at the Augusta Civic Center, 

Augusta, Maine, and that the foregoing is a true and 

accurate record of the hearing as taken by me by 

means of computer-aided machine shorthand, to the 

best of my knowledge, skill, and ability. 

I further certify that I am a disinterested 

person in the event or outcome of the aforenamed 

cause of action. 

In witness whereof, I subscribe my hand 

this 17th day of December, 1997. 

PAULA B. CRABTREE, Notary Public 

My Commission expires 

October 22, 2000