# Implementation, Maintenance and Enforcement of the 2006 24-Hour PM2,5National Ambient Air Quality Standard in Maine

-Certification1 .0 Preamble, Introduction and Background A State Implementation Plan ("SIP") is a state plan that identifies how that state will attain and maintain air quality that conforms to each primary and secondary National Ambient Air Quality Standard ("NAAQS") . The SIP is a complex, fluid document containing regulations, source-specific requirements, and non-regulatory items such as plans and emission inventories . 

## Pursuant to the 1990 Clean Air Act Amendments (CAA) sections 110(a)(1) and (2), states are required to address basic SIP requirements related to the attainment of new or revised NAAQS, including emission inventories, monitoring and modeling to assure attainment, maintenance and enforcement of the standards. SIPs meeting the requirements of CAA sections I 10(a)(1) and (2) must be submitted within three years after the promulgation of a new or revised standard.' . 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 EPAguidance dated October 2, 2007, this submission addresses each of the required elements of section 110(a)(2) and affirms that Maine's SIP meets the requirements of CAA sections 110(a)(1) and (2) . Pursuant to EPAguidance issued on October 2, 2007, SIPs must include the following elements of CAA section 110(a)(2) : " Enforceable Emission Limitations and Other Control Measures (§ 110(a)(2)(A)) " Ambient Air Quality Monitoring, Compilation, Analysis and Reporting (§110(a)(2)(B)) 

## " Enforcement and Stationary Source Permitting (§ 1 I 0(a)(2)(C)) " Interstate Transport (§ 110(a)(2)(D)) " Assurance of Adequate 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 (§ I 10(a)(2)(H)) " Authority for SIP Revisions for New Nonattainment Areas (§ 110(a)(2)(1)) " Consultation, Public Notification and Prevention of Significant Deterioration ((PSDNisibility) (§ I 10(a)(2)J)) " Air Quality Monitoring and Reporting (§110(a)(2)k)) ' On September 21, 2006, EPA promulgated a new 24-hour PM2

.5 NAAQS, and states are required to submit infrastructure SIPs no later than September 21, 2009.

## " 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 ofthe 2006 24-hour 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 for Section 110(a)(1) and (2) SIP Elements 2006 24-Hr. PM2

.5 NAAQS 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 i compliance and other The Legislature finds and declares that air pollution exists with varying degrees ofseverity within this State; that I 

### related measures such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry. often causes physical discomfort, injury to propertyand property 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 program

to control present andfuture sources ofemission ofair contaminants to the end thatair 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 ofemission 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 ambient air quality standards within the region in which applicable . 

### 38 MRSA §585-A. Establishment ofstandards 38 MRSA §585-A states, in relevant part :The board 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. 

### 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 CMR Chapters 100 through 158 include a number of rules addressing the control of particulate emissions. These rules include: 06-096 CMR Chapter 100 Definitions Regulation 06-096 CMR Chapter 101 Visible Emissions Regulation 06-0-96 CMR Chapter 102 Open Burning Regulation 06-096 CMR Chapter 103 Fuel Burning Equipment Particulate Emission Standard 06-096 CMR Chapter 104 Incinerator Particulate Emission Standard 06-096 CMR Chapter 105 General Process Source Particulate Emission Standard 06-096 CMR Chapter 109 Emergency Episode Regulation 06-096 CMR Chapter 110 Ambient Air Quality Standards 06-096 CMR Chapter 114 Classification of Air Quality Control Regions 06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations 06-096 CMR Chapter 116 Prohibited Dispersion Techniques 06-096 CMRChapter 117 Source Surveillance 06-096 CMRChapter 121 Emission Testing of Resource Recovery Facilities 06-096 CMRChapter 126 Capture Efficiency Test Procedures 06-096 CMR Chapter 137 Emission Statements 06-096 CMR Chapter 138 Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides 06-096 CMR Chapter 139Transportation Conformity 06-096 CMR Chapter 140 Part 70Air 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 Provisions to provide for Maine's initial SIP, containing provisions for an ambient air quality monitoring and data ,

quality monitoring/data establishment and analysis systemwas approved on October 28, 1972. This air monitoring network plan has , system operation of ambient air been subsequently updated, with the Maine CY 2009 Air Monitoring Plan submitted on June , quality monitors, 20, 2008. EPA subsequently approved the CY 2009 Air monitoring Plan on September 4, collecting and analyzing 2008. i ambient air quality data, and making these data Maine DEP operates a comprehensive ambient air quality monitoring and data analysis I available to EPA upon programfor all required NAAQS through a statewide network of air quality monitors, and ! request maintains a database on these pollutants that are released fromnewand existing area, point I and mobile sources. These data are reviewed in accordance with the Quality Assurance I Project Plans (QAPPS) and submitted to AQS within 90 days of the end of each quarter . 110(a)(2)(C)-Programfor Programfor enforcement 38 MRSA § 347-A. Violations. enforcement of control of all SIP measures and measures the regulation of 38 MRSA § 347-A states, in relevant part: construction of new or 

### modified stationary 1 . Generalprocedures. This subsection sets forthprocedures for enforcement actions. sources to meet PSD and A. Whenever it appears to the commissioner, after investigation, that there is or has been a violation 

### NSR requirements this Title, ofrules adopted tinder this Title A ofthe terms or conditions ofa license, permit or order issued by the boardor 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 ofthe 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 toparagraph A, the commissioner shall issue a notice ofviolation to theperson 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; and provide 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 be pursued ifcompliance is achievedwithin 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 applicableprovision ofthis Title; nor is the commissioner required to issue a notice ofviolation before referring an alleged violation to the Attorney Generalfor criminal prosecution or in a matter requiring immediate enforcement action. 2. Hearings. The coinnsissioner shall give at least 30 days' written notice to the alleged violator ofthe date. time and place ofany hearing heldpursuant to subsection 1, paragraph A, subparagraph (3) . The notice must specify the act or omission which is claimed to be in violation of lawor regulation. Any hearing conducted under the authority ofthis subsection must be in accordance with theprovisions ofTitle 5, chapter 375, subchapter IV' At the hearing, the alleged violator may appear inperson or by attorney and answer the allegations ofviolation andfile a statementofthefacts, including the methods, practices and procedures, ifany, adopted or used by that person to comply with this chapter and present such evidence as may be pertinent and relevant to the alleged violation. AJier hearing, or in the event of afailure ofthe alleged violator to appear on the date setfor a hearing, the commissioner shall, as soon as practicable, makefindings of fact based on the record and, ifthe commissioner finds that a violation exists, shall issue an order aimedat 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 offile department's orders that is creating or is likely to create a substantial and immediate danger to public health or safety or to the environment the commissioner may order the person or persons causing or contributing to the hazard to immediately take such actions as are necessary to reduce or alleviate the danger. Service ofa copy ofthe coinmissioner's frndings and order must be made by the sheriff or deputy sheriffor by hand delivery by an authorized representative ofthe department in accordance with the Maine Rules ofCivil Procedure. In the event that the persons are so numerous that the specified method ofservice is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner shall make the order known through prominent publication or announcement in news media serving the affected area. The person to 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 nzodifies the order . That decision must be in writing and signed by the board chair using any meansfor signature authorized in the department's rules and published 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 the person to whomthe order was directed. The decision ofthe 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 after receipt ofthe alleged violator's response to that notice or expiration ofthe time period specified in the notice for 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 being sent to the alleged violator. B . All proposed administrative consent agreements sent to the alleged violator must be accompanied by written correspondence fromthe department, in language reasonably understandable to a citizen, explaining the alleged violator's rights and responsibilities with respect to the proposed administrative consentagreement. The correspondence must include an explanation ofthefactors considered by the commissioner in determining the proposed civilpenalty, a statement indicating that the administrative consentagreement 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 time periodfor the allegedviolator to respond to the proposed administrative consent agreementand offer the opportunityfor a meeting with department staffto discuss the proposed agreement. Consentagreements shall, to the greatest extent possible, clearly setforth all the specific requirements or conditions with which the alleged violator must comply. C After a proposedadministrative 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 boardat the board's discretion on an administrative consent agreement entered into by the commissioner and approved by the board . E. When the department and the alleged violator cannot agree to the terms ofa consent agreement and the department elects to bring an enforcement action in District Court pursuant to section 342, subsection 7, the District Court shall refer the parties to mediation ifeither party requests mediation at or before the time the alleged violator appears to answer the department's complaint. The parties must meet with a mediator appointed by the Court Alternative Dispute Resolution Service created in Title 4, section 18-B at least once and try in 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 the property 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 lawadministered by the department. 2 . Restoration. The court may order restoration ofany area affected by any action or inactionfound to be in violation ofanyprovision of law administered 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 bepossible. 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 or safety; 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 injunction proceedings to prevent such discharge or the commissioner acay authorize pursuit ofsuch an action in District Court. The injunction proceedings may be instituted without recourse to theissuance 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 or judicially approved settlement and is implementing or hasfully implemented that settlement pursuant to its terms is not liablefor claims by other potentially liable persons regarding response actions, response costs or damages, including without limitation natural resource damages, addressed in the settlement. The settlement does not discharge any other potentially liable persons unless its terms soprovide. The protection afforded by this subsection includes protection against contribution claims and all other types ofclaims under state lawthat may be asserted against the settling partyfor recovery of response 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. A potentially liable person who commences an action against a person who is protected fromsuits under this subsection is liable to the person against whomthe 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 a portion of another person's response costs, damages or civil penalties. 

### 38 MRSA §349

. Penalties. 38 MRSA §349 establishes criteria governing civil and criminal penalties for violations of environmental laws and regulations. 38 MRSA §349 states, in part : 1 . Criminal penalties. Except as otherwise specifically provided, a person who intentionally, knowingly, recklessly or with criminal negligence violates a law administered by the department, including, without limitation, a violation 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 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 minimum amountfor knowing violations is $5,000for 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 who 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 2265-A, is subject to a civil penalty, payable to the State, of not less than $100and not more than $10.000for each day ofthat violation or, ifthe violation relates to hazardous waste, ofnot more than $25, 000 for each day ofthe violation. This penalty is recoverable in a civil action.6 . Maximum

penalties. The maxinzeam civil penalty may exceed $10,000for each day ofthat violation, but may not exceed $25,000for each day ofthe violation, when it can be shown that there has been a previous violation ofthe sarne lawby the sarne party within the 5precedingyears, and the maximumcriminal penalty may exceed $25, 000 for each day ofviolation. but may not exceed twice the amounts in subsection 1, when it can be shown that there has been a previous violation ofthe same lawby the sanaeparty. 

### 06-096 CMR Chapter It 5 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 590 of 38 MRSA for those minor sources and those major sources that are 

### undergoing changes subject to NSR under the CAA . For minor sources this rule serves both as an operating ' licensing programas well as the pre-construction New Source ReviewProgram . For major sources the rule ' serves as a pre-construction NSR programwhile Chapter 140 implements the operating licensing requirements of ' 

### 40 CFRPart 70. I 

### 110(a)(2)(D)- Interstate Provisions prohibiting Revisions to the Maine State Implementation Plan addressing the Interstate Air Pollution I Transport any source or other type Transport Requirements ofCAA Section 110(a)(2)(D)(i) were posted to a 30-day public I of emissions activity in comment period ending on February 4, 2008. These revisions were submitted to EPA on one State from April 24, 2008. j contributing significantly j to nonattainment or 

### interfering with maintenance, of the NAAQS in another State 110(a)(2)(E)-Adequate Provisions for adequate 38 MRSA §341-A. Department of Environmental Protection. Resources personnel, funding, and legal authority under 38 MRSA §341-A states, in relevant part: 

### State Law

to carry out SIP and related issues There is established a Department ofEnvironmental Protection, in this Title called the "department." 1 . Purpose. The department shall prevent, abate and control the pollution ofthe air, water and land and preserve, improve and prevent 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.

II2. Composition

. The department shall consist ofthe Board ofEnvironmental Protection, in the laws administered by the departmentcalled "board, " and ofa Commissioner of Environmental Protection, in the laws 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 comrnissioner serves at the pleasure ofthe Governor. B . When the State receives authority to issue permits under the Federal Water Pollution Control Act, 33 United States Code 1982, Section 1251 et seq., as amended, a person may not serve as commissioner who receives, or during the 2years prior to appointment has received, a significant portion ofincome directly or indirectlyfrona license or permit holders or applicantsfor a license or permit under the Federal Water Pollution Control Act . For the purposes ofthis section, "a significant portion of income" means 10%or more ofgross personal income for 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 and permits. For purposes ofthis Title. licenses or permits issued by the department maybe issued by either the commissioner or the boardsubject 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 oflaw

that 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 or provision ofa proposed



## 12rule that is anticipated to be more stringent than thefederal standard, ifan applicablefederal standard exists. During the consideration ofany proposed rule by the board, whenfeasible, and using information available to it, the department shall identify provisions ofthe proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by thefederal standard, ifsuch afederal standard exists, and shall explain in a separate section ofthe basis statement thejustificationfor tile difference between the agency rule and thefederal standard . Notwithstanding Title S, chapter 375, subchapter II, the board shall accept and consider additional public comment on a proposed rulefollowing the close oftheformal rule-making comment period at a meeting that is not a public 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 406andstate that the board will acceptadditional public comment on the proposed rule at that meeting . This subsection takes effect January 1, 1998. 

### 38 MRSA §342. Commissioner, duties 38 MRSA §342 states, in relevant part : The Commissioner ofEnvironmental Protection shall have thefollowing duties: ]-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 department policy. In resolving disputes, the commissioner shall attempt to reach afair and appropriate 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 §58i . Declaration offindings and intent 38 MRSA a581 states in relevant part: The Legislaturefinds and declares that air pollution exists with varying degrees ofseverity within this State; that such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property and property 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 I programto control present andfuture sources ofemission ofair contaminants to the end that air polluting I activities ofevery type shall be regulated in a manrzer that reasonably insures the continued health, safety and I general welfare ofall ofthe citizens ofthe state; protects property values andprotects plant and anirnal life. Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise II affect, substantively or procedurally, the right ofany person to darnage or other reliefon account of injury to I persons or property 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 abate public nuisances. 

### Chapter 8 of Maine's initial SIP, documenting the existence ofadequate resources October 28, 1972. For FY 2007, the Bureau ofAir Quality had a staffof 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 CMR Chapter 115 Major and Minor Source Air Emission License Regulations sources and to submit periodic emission reports This regulation contains compliance assurance requirements for licensed sources and stipulates that licenses shall include the following compliance assurance elements: (a) A description of all required monitoring and analysis procedures or test methods required under the requirements applicable to the source. (b) A description of all recordkeeping requirements . (c) A description ofall reporting requirements. 

### 06-096 CMR Chapter 117 Source Surveillance This regulation specifies which air emission sources are required to operate continuous emission monitoring systems (CEMS), and details the performance specifications, quality assurance requirements and procedures for such systems, and subsequent record keeping and reporting requirements . 

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



## 14This regulation identifies the sources of air emissions that require a Part 70 air emission license and incorporates the requirements ofTitle IV and Title V ofthe Clean Air 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 sources requiring a Part 70 air emission license. 

### 110(a)(2)(G)- Emergency Authority to address 38 MRSA §347-A(3) Emergency Orders. Power activities causing imminent and substantial 38 MRSA § 347-Astates: 

### endangerment to public health including I 3. Emergency orders. Whenever it appears to the commissioner, after investigation, that there is a violation of ' I 

### , the laws or regulations the department administers or ofthe terms or conditions ofany ofthe department s contingency plans to orders that is creating or is likely to create a substantial and irnmediate danger topublic health or safety or to I 

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

### emergency episode insmediately take such actions as are necessary to reduce or alleviate the danger. Service ofa copy ofthe I provisions in their SIPS comnaissioner's findings and order must be made by the slreriffor deputy sheriffor by hand delivery by an i ' authorized representative ofthe department in accordance with the Maine Rules ofCivil Procedure. In the event that the persons are so numerous that the specified method ofservice is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner I shall make the order known through prominentpublication or announcement in news media serving the affected I 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 of the I order theperson may apply to the boardfor a hearing on the order. Within 7 working days after receipt ofthe I application, the boardshall hold a hearing, makefindings offact and vote on a decision that continues, revokes or modifies the order. Thatdecision must be in writing and signed by the board chair using any meansfor i 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 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 . 

### 06-096 CMR Chapter 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 SIPs 38 MRSA §581, Declaration of findings and intent . Revisions in response to changes in the NAAQS, availability



## 15

### of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate 38 MRSA §581 states: The Legislaturefinds and declares that air pollution exists with varying degrees ofseverity within this State; that such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property and property 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 and general welfare ofall ofthe citizens ofthe State; protects property values andprotects plant andanimal life. Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively or procedurally, the right ofany person to damage or other reliefon account ofinjury to persons or property 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. 

## 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 emergencv rules necessaryfor the interpretation, implementation and enforcement ofany provision of lawthat 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 or provision ofa proposed rule that is anticipated to be more stringent than thefederal standard, ifan applicablefederal standard exists. During the consideration ofany proposed rule by the board. whenfeasible, and using information available to it, the department shall identify provisions ofthe proposed rule that the department believes would impose a regulatory burden rnore 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 acceptand consider additional public continent on a proposed rulefollowing the close oftheformal rule-making comment period at a meeting that is not a public heari ng only ifthe additional public comment is directly related to comments received during theformal rule-rnaking conzment period or is in response to changes to the proposed rule. Public notice ofthe meeting rnust comply with Title 1, section 406and state that the board will accept additional public comment on the proposed rule at that rneeting. 

### 110(a)(2)(J)- Public States must meet the Consultation with Government Officials Notification requirements of section 121 regarding 38 MRSA §342. Commissioner, Duties. consultation with 38 MRSA §342 (1-A) . Administration of Department government officials, and 38 MRSA §342 (3-A) . Negotiating Agreements must notify the public pursuant section 127 if 06-096 Chapter 114 Classification of Air Quality Control Regions NAAQS are exceeded in an area and to enhance Section 1(E) ofthis rule states, in relevant part : public awareness of measures that can be Prior to the proposal of any redesignation the Board shall hold a public hearing which shall be taken to prevent conducted in the area proposed to be redesignated. Prior to the public hearing a report shall be made exCeedences available with a description and analysis of health, environmental, economic, social and energy impacts of the proposed redesignation. Should the area proposed for redesignation include or be deemed to affect federally owned lands, the Board shall consult with the appropriate federal land manager prior to such redesignation. For the purpose of redesignating any areas other than those recognized mandatory Class 1 areas identified in Section 1(C), the procedural requirements or 40CFR 51 .24 (g) shall befollowed 

### 06-096 CMR Chapter 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 kmofany 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) days public comment p eriod.



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### 06-096 CMR Chapter 139 Transportation Conformity. 06-096 CMR Chapter 139 establishes a consultation process between federal state and local entities for the purpose of implementing section 176(c)(4)(E) ofthe CAA with respect to the conformity oftransportation 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 of funds under Title 23 U.S.C

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

### Public Notification 38 MRSA §584-F. Ozone health warnings. 38 MRSA states: §584-F Ozone health warnings 1 . Dissemination ofwarnings to media. Whenever monitored data demonstrates or the department predicts that ground-level ozone concentrations have exceeded or will exceed .08 parts per million averaged over an 8-hour period, the department shall disseminate a health warning to the mass media, including television, radio and print niedia, and shall urge the media to issue the warning to the general public. The department shall use best efforts to educate the media as to the need to broadly disseminate health warnings to thepublic . 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 ofthis SIP contains provisions for intergovernmental cooperation with federal and state government entities. 100(a)(2)(J)- PSD and States must meet 38 MRSA §584-B. Establishment of ambient increments -- Class I regions



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### Visibility Protection

'45 FR 8009 3 61 FR 53639 4 61 FR 5694 

### applicable requirements of part C related to prevention of significant deterioration and visibility protection 06-096 CMR Chapter 114. Classification ofAir Quality Control Regions This regulation determines those areas that have been officially found to be exceeding the ambient air quality standards, and are therefore nonattainment areas. It also designates which class of increment that will apply in each area. 

### 06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations Maine's PSDregulations require the owner of any proposed new major source or major modification to demonstrate that any increased emissions froma proposed facility or expansion would not significantly deteriorate air quality, regardless of where these emissions may travel . Proposed facilities subject to Maine's PSD licensing requirements must therefore assess PSD increment consumption in Maine as well as adjacent or downwind states. Thefederal visibility regulations promulgated in December 19802 require consideration of the effects of new sources on the visibility values of Federal Class I areas. Chapter 115 of the Department's regulations requires owners and operators of all new major stationary sources or major modifications to 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 11 visibility screening analysis, or a more refined visibility modeling reviewthat would involve the use of tools such as the CALPUFF model . These analyses require the source owner or operator to demonstrate that operation of the source will have an insignificant visibility impact on the applicable Class I area. The Department works closely with the appropriate federal land manager when reviewing these analyses. This provision of Maine's NSRregulations essentially prohibits the permitting of a major stationary source or major modification that may significantly degrade visibility in a federal Class I area. The NSR programin Maine is implemented through the Chapter 100 Definitions Regulation which was approved into the SIP on October 15, 19963, the Chapter 113 Growth Offset Regulation which was approved into the SIP on February 14, 19964, and the Chapter 115 Major and Minor Source Air

### Emission License Regulations which were approved into the SIP by EPA on February 14, 1996' (See Attachments) . Although these rules have been amended several times since being incorporated into the SIP, these revisions did not change any ofthe 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 CMR Chapter 115 Major and Minor Source Air Emission License Regulations Modeling/Data performing air quality modeling for predicted Section 7 ofChapter 115 states: 

### effects on air quality of emissions fromany 7. Ambient Air Quality Analysis 

### NAAQS pollutant and submission of such data 

### A. General . It shall be the bur-den ofany applicant to provide an affirmative demonstration that its emissions, in conjunction with all other sources, will not violate ambient air quality standards, established pursuant to 

### to EPA upon request Chapter 110 of the Department's Regulations, except that sources in nonattainment areas or which significantly impact a nonattainment area shall be required to denionstrate that the source's emissions are consistent with Reasonable Further Progress provisions of the State Implementation Plan. An applicant may use ambient air monitoring, modeling, or other assessment techniques as approved by the Department. New Source Review modeling required pursuant to Subsection 7(C and D) of this Chapter shall be consistent with EPA regulations and guidelines or other requirements under the CAA. The analyses shall include relevant emissions units at the source, meteorological and topographical data necessary to estimate such impacts, and shall consider the impact 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 1 area shall include any conservation easements under thejurisdiction of an appropriate Federal Land Manager as of August 7, 1977.) The air quality impact analysis, in general, will not be required ofthe applicant for 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 the provisions o Subsection 7(E) o this Chapter, Chapter 116 o the 

### 5 61 FR 5694Department's regulations and Appendix W to 40CFR Part 51 - Guideline on Air Quality Models.



### 110(a)(2)(L)- Permitting Fees Each major stationary source shall pay permitting fees to cover the cost of reviewing, approving, implementing and enforcing a permit 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 guidance. To inaintain an orderly licensing process in the State, applicants will be required to conform with those procedures and guidelines in effect at the time of Department approval of a written modeling protocol that meets all applicable requirements, and to complete modeling, as approved, and submit results within six (6) months of the date of approval ofthe protocol . Ifthe protocol callsfor collection of on-site meteorological data, then the starting datefor the on-site data collection must be no later than 6 months after approval of the protocol and modeling results must be submitted within six (6) months of obtaining acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling protocol will require conformance with current applicable air dispersion modeling guidance. 

### 06-096 Chapter 116 Prohibited Dispersion Techniques This Chapter adopts regulations consistent with federal requirement concerning stack height and other dispersion techniques, such as merging of plumes. These regulations also define the area surrounding the source where ambient air quality standards do not have to be met . 

### 06-096 CMR Chapter 140 Part 70 Air Emission License Regulations This regulation contains air quality modeling requirements for Part 70 sources that are analogous to those contained within Chapter 115. 

### 38 MRSA §353-A. Annual air emissions license fees. 38 MRSA §§ 353-A(1) states: Fees assessed. After the effective date ofthis section, a licensee must pay an annualfee assessed on the sum ofall licensed allowable air pollutants, exceptfor carbon monoxide, asfollows: Annual licensed emissions in tons Per tonfee 1-1,000 $51,001 - 4,000 $10 over 4,001 $15 38 MRSA §§ 353-A(1-A) states: Beginning November 1, 2008, a licensee shall pay an annualfee surcharge of $2per every 1,000air quality units as defined in section 582, subsection 11-E. The mininnan revenue threshold for the annualfee surcharge is established at $1,250,000 peryear. The commissioner may increase the annual fee surcharge to up to $4 per every 1,000air quality units ifthe annual revenue derivedfrom this annualfee surcharge is less than $1,250,000 peryear. The commissioner shall report to thejoint standing committee ofthe Legislature having

jurisdiction over natural resources matters by January 15, 2010 and every 2years thereafter on anyfee adjustmentand thejustijicationfor thefee adjustment and the adequacy ofthe minimumrevenue threshold and its ability to support the long-termsustainability ofstate air qualityprotection and improvement activities. 38 MRSA §§ 353-A(2) states : Fee adjustment. The commissioner may adjust the per tonfees, the annualfee surcharge setforth in subsection 1-A and the maximum and minimum

fees setforth in subsection 4 on an annual basis according to the United States Consumer Price Index established by thefederal Department ofLabor, Bureau of Labor Statistics. 

### II0(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. By Affected Local Entities participation in SIP development by local 38 MRSA §597 Municipal air pollution control . political subdivisions affected by the SIP 38 MRSA §597 states: Nothing in this chapter shall be construed as a preemption ofthefreldofair pollution study and control on the part ofthe State. Municipalities may study air pollution and adopt and enforce air pollution control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard, order or other action promulgated pursuant to this chapter. Local ordinance provisions which touch on matters not dealt with by this chapter or which are nsore stringent than this chapter shall bindpersons residing in the municipality. 

## Chapter 9 of Maine's initial SIP, which was approved on October 28, 1972, contains intergovernmental cooperation provisions.

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