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 PaulaB. 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: CommissionerEdward Sullivan Jeff Crawford Stephanie Carver CarolynWheeler

ALLEY 

### &MORRISETTE REPORTING SERVICE (207) 626-00591 2 3 

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### 2 (This public hearingwas 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'snine o'clock, or 9 past, so ifwe can gather around. Well, goodmorning everyone, 10 and welcome to this December 17, 1997 meetingof the Board of 11 Environmental Protection. 12 The first itemon our agenda this morning is a 13 public hearing, but I thinkmaybe itwouldbe appropriate at 14 this time to introduce those here at the head table. On my 15 left is board member JohnMarsh from West Gardiner, Andy Cadet 16 from Freeport, Cheryl Bascomb from New Gloucester, and our 17 commissioner, Ned Sullivan; onmy right is JohnTewhey from 18 Gardiner

-- from Gorham, Kathy Littlefield fromWaldo, Phil 19 Soucy from Fort Kent, and Charles Stickney from Yarmouth. Jean 20 Wilkinson from Cumberland is alsowith us, and shouldbeback 21 shortly. I'mOsmond Bonsey, board member from Surry, who will 22 be the chairmanhere today. 23 So our first itemon 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 provided3 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, BulkTerminal PetroleumLiquid Transfer 5 Requirements. My name is Osmond Bonsey, I'ma member of the 6 Board of Environmental Protection, and I'llbe the presiding 7 officer today. Otherboardmembers here today are JohnMarsh, 8 Andrew Cadot, Cheryl Bascomb, Phil Soucy, Kathy Littlefield, 9 John Tewhey, JeanWilkinson. Did I name everybody on that 10 list? 11 Staffhere today from the Department of 12 Environmental Protection, BureauofAir Quality, are Jeff 13 Crawford, Stephanie Carver and CarolynWheeler. 1 4 1 5

# I Services. Our recorder today is Alley 

### &MorrisetteRecording

1 6 Today's hearing is beingheldpursuant to 38 17 M.R.S.A., Sections 585, 585-A, Public Law Chapter 384, Section 18 14 and Section 112 of the CleanAirAct. 19 In addition, because this amendment will be 20 submitted as a revisionofMaine State ImplementationPlan for 21 Air Quality, today's hearing will be conductedpursuant to the 22 requirements of Title 40, Part 51 of the Code ofFederal 23 Regulations. 24 Notice of today's hearingwas published in the 25 Kennebec Journal on November 14, 1997, and in the Kennebec4 1 Journal, Lewiston Daily Sun, WatervilleMorning Sentinel, 2 Portland Press Herald, and Bangor Daily News onNovember 26, 3 1997. 4 Notice of today's hearingwas also sent to all 5 persons on the Department's regulatory noticemailing list, and 6 to otherpersons 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 shouldbe addressed to the Bureauof Air Quality, attention 11 CarolynWheeler, and clearlymarked as follows: For inclusion 12 in the December 17, 1997 Chapter 112 publichearingrecord. 13 Today's hearingwill be transcribed andmade 14 available to all boardmembers. Based on the complete record, 15 the boardwill vote to approve, deny, or amend the proposed 16 amendments at a regularly scheduledboardmeeting. 17 Copies of the final staff recommendationwill 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 ifyou desire toreceive 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.5 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? 5 6 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 thirdby other interested 10 parties neither for nor against. If you plan to speak andhave 11 not already done so, please sign innow on the appropriate 12 speaker's sheet at the front table. 13 Following eachpresentation, there will be an 14 opportunity for members of the board to direct questions 15 through the chair. 16 Copies of the proposedrule are available on the 17 chair by the door. That means furniture chair, not the chair. 18 I note Norm Dean, boardmember fromMadison, has 19 arrived, so it looks likewe reallyhave a full slateofboard 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 ofAir Quality today.6 1 This public hearing is onproposed amendments to 2 the Chapter 112, BulkTerminal LiquidTransferRequirements 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 ofhazardous air 7 pollutants. These are toxics. The federal governmenthas 8 promulgated a number of theseMACT standards, and as they're 9 beingpromulgated at the federal level, stateshave the option 10 of incorporating themwithin their regulations. By doing so, 11 you eliminate dual regulation, and, essentially, provide the 12 customerwith one-stop shopping. 13 Today's regulationwill incorporate theMACT 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 otherwords, unloading 17 and loading of ships. 18 At this point in time, it looks as thoughwe have 19 three potential sources that are regulatedby this regulation; 20 although, I believe that all three of themwill 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 itdoes potentially affect as many 24 as three sources inMaine, and will avoid dual regulation, if, 25 in fact, those sources, or other sources, shouldbecome subject7 1 to the regulation in the future. 2 And that concludes my testimony. 3 4 Yes, Andy. 5 6 MR. BONSEY: Boardmembers have any questions?

MR. CADOT: You said three sources inMaine? MR. CRAWFORD: Yes. I believe

-- my understanding 7 is there are -- there are approximately three sources that are, 8 or couldbe subject to this, were itnot for license 9 restrictions limiting their emissions to low 10

-- 10 pound 10 threshhold. 11 1 2 13 1 4 Oil. MR. CADOT: And what are those three? MS. CARVER: StarEnterprise, Gulf Oil, andMobil

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 boardpackets beginning atpage 246, testimony 17 provided toEllenDuring, 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 healthrisk assessments, and any other 22 information that the Bureauof Healthmay have on the 23 pollutants that are subject to control. And I would like to 24 incorporate that memorandum, along with a listingof toxics, 25 into the record for this hearing also. Thank you.

## -'~*----~8--------- 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.) 7 8 9 10 1 1 1 2 13 14 15 1 6 1 7 18 19 20 21 22 23 24 251 2 3 4 5 6 7 8 9 10 11 1 2 1 3 1 4 1 5 16 

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### I, PaulaB. Crabtree, a Notary Public in and for the StateofMaine, hereby certify that on the 17thday ofDecember, 1997, the foregoing hearing

was takenbeforeme at theAugustaCivic Center, Augusta, Maine, and that the foregoing is a true and accurate recordof thehearing as takenbyme by

means of computer-aidedmachine shorthand, to the best ofmy knowledge, skill, and ability. I further certify that I am a disinterested person in the eventoroutcomeof the aforenamed

causeof action. Inwitnesswhereof, I subscribemy hand this 17thday ofDecember, 1997.

PAULA B. CRABTREE, Notary Public

My Commissionexpires October 22, 2000