Implementation, Maintenance and Enforcement of the 2006 24-Hour 

PM2,5 National 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 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 CAA sections 

110(a)(1) and (2). 

Pursuant to EPA guidance 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 System and 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 CAA for the implementation of the 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 form below. 
State of Maine 

Certification of State Implementation Plan Adequacy 

for Section 110(a)(1) and (2) SIP Elements 

2006 24-Hr. PM2.5 NAAQS 

CAA Section 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 of severity within this State ; that I 

related measures such air pollution is potentially and in some cases actually dangerous to the health of the citizenry. often causes 

physical discomfort, injury to property and property values, discourages recreational and other uses of the 

state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide 

program to control present and future sources of emission of air contaminants to the end that air polluting 

activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and 

general welfare of all of the citizens of the State; protects property values and protects 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 a just and equitable manner the amount and type of air 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 of standards 

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 license from the 

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 CMR Chapter 117 Source Surveillance 

06-096 CMR Chapter 121 Emission Testing of Resource Recovery Facilities 

06-096 CMR Chapter 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 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 from Smaller-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 system was 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 program for all required NAAQS through a statewide network of air quality monitors, and ! 

request maintains a database on these pollutants that are released from new and 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)-Program for Program for 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. General procedures . This subsection sets forth procedures 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, of rules adopted tinder this Title A of the 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 of the following 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 General for 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 of Civil Procedure, Rule 3. 

B. Before initiating a civil enforcement action pursuant to paragraph A, the commissioner shall issue a 

notice of violation to the person or persons the commissioner considers likely to be responsible for the 

alleged violation or violations . The notice of violation must describe the alleged violation or violations, to 

the extent then known by the commissioner; cite the applicable law, rule and term or condition of the 

license . permit or order alleged to have been violated; and provide time periods for the alleged violator to 

take necessary corrective action and to respond to the notice. For violations the commissioner finds to be 

minor, the notice may state that further enforcement action will not be pursued if compliance is achieved 
within the time period specified in the notice or under other appropriate circumstances. The commissioner 

is not required to issue a notice of violation before issuing an emergency order pursuant to subsection 3 or 

other applicable provision of this Title ; nor is the commissioner required to issue a notice of violation 

before referring an alleged violation to the Attorney General for criminal prosecution or in a matter 

requiring immediate enforcement action. 

2. Hearings . The coin nsissioner shall give at least 30 days' written notice to the alleged violator of the date. time 

and place of any hearing held pursuant to subsection 1, paragraph A, subparagraph (3) . The notice must specify 

the act or omission which is claimed to be in violation of law or regulation. 

Any hearing conducted under the authority of this subsection must be in accordance with the provisions of Title 

5, chapter 375, subchapter IV' At the hearing, the alleged violator may appear in person or by attorney and 

answer the allegations of violation and file a statement of the facts, including the methods, practices and 

procedures, if any, 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 a failure of the alleged violator to appear on the date set for a hearing, the 

commissioner shall, as soon as practicable, make findings of fact based on the record and, if the commissioner 

finds that a violation exists, shall issue an order aimed at ending the violation . The person to whom an order is 

directed shall immediately comply with the terms of that 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 of the terms or conditions of any of file 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 of a copy of the 

coinmissioner's frndings and order must be made by the sheriff or deputy sheriff or by hand delivery by an 

authorized representative of the department in accordance with the Maine Rules of Civil Procedure. In the event 

that the persons are so numerous that the specified method of service 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 whom the 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 

order the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the 

application, the board shall hold a hearing, make findings 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 means for 

signature authorized in the department's rules and published within 2 working days after the hearing and vote. 

The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall 

first establish the basis for the order and for naming the person to whom the order was directed. The decisio n of 
the board may be appealed to the Superior Court in the manner provided by section 346. 

4 . Administrative consent agreements. Following issuance of a notice of violation pursuant to subsection 1 and 

after receipt of the alleged violator's response to that notice or expiration of the time period specified in the 

notice for a response, in situations determined by the commissioner appropriate for further 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 of the 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 from the 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 of the factors considered by the 

commissioner in determining the proposed civil penalty, 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 of the department's procedures for handling administrative consent 

agreements. The correspondence must also specify, a reasonable time period for the alleged violator to 

respond to the proposed administrative consent agreement and offer the opportunity for a meeting with 

department staff to discuss the proposed agreement. Consent agreements shall, to the greatest extent 

possible, clearly set forth 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 commissioner and approved by the board. 

E. When the department and the alleged violator cannot agree to the terms of a 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 if either 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 good faith to reach an agreement. After the first meeting, mediation must end at the 

request of either party. If the parties have been referred to mediation, the action may not be removed to 

Superior Court until after mediation has occurred. 
5. Enforcement. . All orders of the department may be enforced by the Attorney General and the department. If 

any order of the 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 of the Department of Environmental Protection may enter any 

property at reasonable hours and enter any building with the consent of the property owner, occupant or agent, 

or pursuant to an administrative search warrant, in order to inspect the property or structure, including the 

premises of an industrial user of a 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 of any order, regulation, license, permit, approval or decision of the 

commissioner or of the board. 

38 MRSA §348. Judicial Enforcement 

38 MRSA §348 states, in relevant part: 

1 . General . In the event of a violation of any provision of the laws administered by the department or of any 

order, regulation, license, permit, approval or decision of the board or commissioner or decree of the 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 thereof without 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 inaction found to be in 

violation of any provision of law administered by the department or of any order, rule, regulation, license, 

permit, approval or decision of the board or commissioner or decree of the court, as the case may be, to its 

condition prior to the violation or as near thereto as may be possible. Where the court finds 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. If the department finds that the discharge, emission or deposit of any materials into 

any waters, air or land of this State constitutes a substantial and immediate danger to the health, safety or 

general welfare of any person, persons or property, the department shall forthwith request the Attorney General 

to initiate immediate injunction proceedings to prevent such discharge or the commissioner acay authorize 

pursuit of such an action in District Court. The injunction proceedings may be instituted without recourse to the 
issuance of an order, as provided for 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 has fully implemented that settlement pursuant to its terms is not 

liable for 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 so provide. The protection afforded by this 

subsection includes protection against contribution claims and all other types of claims under state law that may 

be asserted against the settling party for recovery of response costs or damages incurred or paid by another 

potentially liable person, if those 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 

from suits under this subsection is liable to the person against whom the claim is brought for all reasonable costs 

of defending against the claim, including all reasonable attorney's and expert witness fees. This section is not 

intended to create a right to contribution or other cause of action or to make a person liable to pay 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 of the terms or conditions of an order, rule, license, permit, approval or decision of the 

board or commissioner, or who disposes of more than 500 pounds or more than 100 cubic feet of litter for a 

commercial purpose in violation of Title 17, section 2264-A, commits a Class E crime. Notwithstanding Title 17-

A, section 1301, the fine for a violation of this subsection may not be less than $2,500 and not more than $25,000 

for each day of the violation, except that the minimum amount for knowing violations is $5,000 for each day of 

violation . This subsection does not apply to actions subject to the criminal penalties set forth 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 of the terms or conditions ofan order, rule, license, permit, 

approval or decision of the board or commissioner. or who disposes of more than 500 pounds or more than 100 

cubic feet of litter for a commercial purpose, in violation of Title 17, section 2265-A, is subject to a civil penalty, 

payable to the State, of not less than $100 and not more than $10.000 for each day of that violation or, if the 

violation relates to hazardous waste, of not more than $25, 000 for each day of the violation . This penalty is 

recoverable in a civil action. 
6. Maximum penalties. The maxinzeam civil penalty may exceed $10,000 for each day of that violation, but may 

not exceed $25, 000 for each day of the violation, when it can be shown that there has been a previous violation 

of the sarne law by the sarne party within the 5 preceding years, and the maximum criminal penalty may exceed 

$25, 000 for each day of violation . but may not exceed twice the amounts in subsection 1, when it can be shown 

that there has been a previous violation of the same law by the sanae party. 

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 of the 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 program as well as the pre-construction New Source Review Program. For major sources the rule ' 

serves as a pre-construction NSR program while Chapter 140 implements the operating licensing requirements of ' 

40 CFR Part 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 of CAA 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 of Environmental Protection, in this Title called the "department." 

1 . Purpose . The department shall prevent, abate and control the pollution of the air, water and land and 

preserve, improve and prevent diminution of the natural environment of the 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 . 

II 
2. Composition. The department shall consist of the Board of Environmental Protection, in the laws 

administered by the department called "board, " and of a Commissioner of Environmental Protection, in the 

laws administered by the department called "commissioner. " 

3. Commissioner. The commissioner is appointed by the Governor, subject to review by the joint standing 

committee of the Legislature having jurisdiction over natural resource matters and to confirmation by the 

Legislature . 

A. The comrnissioner serves at the pleasure of the 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 2 years prior to appointment has received, a significant portion of income directly 

or indirectly frona license or permit holders or applicants for a license or permit under the Federal Water 

Pollution Control Act. For the purposes of this section, "a significant portion of income" means 10% or 

more of gross personal income for a calendar year, except that it means 50% or more if the recipient is 

over 60 years of age 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 staff of the 

department. . 

4. Licenses and permits. For purposes of this Title . licenses or permits issued by the department maybe 

issued by either the commissioner or the board subject to the provisions of section 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 the following 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 necessary for the interpretation, implementation and enforcement of any 

provision of law that the department is charged with administering. The board shall also adopt, amend and 

repeal rules as necessary for the conduct of its business . 

The department shall identify in its regulatory agenda, when feasible a proposed rule or provision of a proposed 

12 
rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists . 

During the consideration of any proposed rule by the board, when feasible, and using information available to it, 

the department shall identify provisions of the proposed rule that the department believes would impose a 

regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard 

exists, and shall explain in a separate section of the basis statement the justification for tile difference between 

the agency rule and the federal standard. 

Notwithstanding Title S, chapter 375, subchapter II, the board shall accept and consider additional public 

comment on a proposed rule following the close of the formal rule-making comment period at a meeting that is 

not a public hearing only if the 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 of the 

meeting must comply with Title 1, section 406 and state that the board will accept additional 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 of Environmental Protection shall have the following duties : 

]-A . Administration of department. The commissioner is the chief administrative officer of the department and 

responsible for all administrative matters of the department, except as otherwise specified. The commissioner 

shall assure that all determinations made by the staff of the department are promptly rendered. The 

commissioner shall resolve disputes between department staff and applicants with respect to any questions 

regarding requirements, interpretation or application of the laws, rules or department policy . In resolving 

disputes, the commissioner shall attempt to reach a fair and appropriate result given all of the 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 of this subsection and section 341-A, subsection 3, paragraph 

C staff of the department does not include staff of the board. 

38 MRSA §58i . Declaration of findings and intent 

38 MRSA a581 states in relevant part: The Legislature finds and declares that air pollution exists with varying 

degrees of severity within this State ; that such air pollution is potentially and in some cases actually dangerous 

to the health of the citizenry, often causes physical discomfort, injury to property and property values, 

discourages recreational and other uses of the state's resources and is aesthetically unappealing. 
The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide I 

program to control present and future sources of emission of air contaminants to the end that air polluting I 

activities of every type shall be regulated in a manrzer that reasonably insures the continued health, safety and I 

general welfare of all of the citizens of the state ; protects property values and protects 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 of any person to darnage or other relief on account of injury to 

persons or property due to violation of air I quality standards or emission standards and to maintain any action or 

other appropriate procedure therefore; nor to so affect the powers of the State to initiate, prosecute and maintain 

actions to abate public 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 system to monitor 

emissions from stationary 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 of all 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 

14 
This regulation identifies the sources of air emissions that require a Part 70 air emission license and incorporates 

the requirements of Title IV and Title V of the 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-A states : 

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 of the terms or conditions of any of the department s 

contingency plans to orders that is creating or is likely to create a substantial and irnmediate danger to public 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 of a copy of the I 

provisions in their SIPS 

comnaissioner's findings and order must be made by the slreriff or deputy sheriff or by hand delivery by an i 

authorized representative of the department in accordance with the Maine Rules of Civil Procedure . In the event ' 

that the persons are so numerous that the specified method of service 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 prominent publication or announcement in news media serving the affected I 

area. , 

The person to whom the 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 the person may apply to the board for a hearing on the order. Within 7 working days after receipt of the I 

application, the board shall hold a hearing, make findings offact 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 means for i 

signature authorized in the department's rules and published within 2 working days after the hearing and vote . 

The nature of the hearing is an appeal. At the hearing, all witnesses must be sworn and the commissioner shall 

first establish the basis for the order and for naming the person to whom the 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 from reaching levels that would cause imminent and substantial 

harm to the health of persons, 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 Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that 

such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes 

physical discomfort, injury to property and property values, discourages recreational and other uses of the 

state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in a coordinated state-wide 

program to control present and future sources of emission of air contaminants to the end that air polluting 

activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and 

general welfare of all of the citizens of the State ; protects property values and protects plant and animal 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 of any person to damage or other relief on account of injury to 

persons or property due to violation of air quality standards or emission standards and to maintain any action or 

other appropriate procedure therefore; nor to so affect the powers of the 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 emergencv rules necessary for the interpretation, implementation and enforcement of any 

provision of law that the department is charged with administering. The board shall also adopt, amend and 

repeal rules as necessary for the conduct of its business . 

The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision of a proposed 

rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists. 

During the consideration of any proposed rule by the board. when feasible, and using information available to it, 

the department shall identify provisions of the proposed rule that the department believes would impose a 

regulatory burden rnore stringent than the burden imposed by the federal standard, if such a federal standard 

exists, and shall explain in a separate section of the basis statement the justification for the difference between 

the agency rule and the federal standard. 

Notwithstanding Title 5, chapter 375, subchapter 11, the board shall accept and consider additional public 

continent on a proposed rule following the close of the formal rule-making comment period at a meeting that is 

not a public hearing only if the additional public comment is directly related to comments received during the 
formal rule-rnaking conzment period or is in response to changes to the proposed rule . Public notice of the 

meeting rnust comply with Title 1, section 406 and 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) of this 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 40 CFR 

51.24 (g) shall be followed 

06-096 CMR Chapter 115 Major and Minor Source Air Emission License Regulations . 

06-096 CMR Chapter 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 of the application to all Federal 

Land Managers listed in Chapter 100 of the Department's regulations, and the Indian governing body 

of any reservation located within 50 km of any Major Modification or new Major 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 period. 

17 
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) 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 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 of warnings 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 the public. 

2. Telephone hot line . The department shall provide information to the public on daily ground-level ozone 

concentrations by a toll free 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)- PSD and States must meet 38 MRSA §584-B. Establishment of ambient increments -- Class I regions 

18 
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 of Air 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 PSD regulations require the owner of any proposed new major source or major modification 

to demonstrate that any increased emissions from a 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 . 

The federal 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 perform an 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 review that 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 NSR regulations 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 program in 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 of the major source permitting requirements, and the 

current state regulations are consistent with the SIP-approved versions for the purposes of 

implementing the New Source Review program . 

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 of Chapter 115 states: 

effects on air quality of 

emissions from any 7 . Ambient Air Quality Analysis 

NAAQS pollutant and 

submission of such data A. General. It shall be the bur-den of any 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 of fugitive 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 of analysis shall depend upon the size of the 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 of this Subsection, the Class 1 area shall include any conservation easements 

under the jurisdiction of an appropriate Federal Land Manager as of August 7, 1977.) The air quality 

impact analysis, in general, will not be required of the applicant for those regulated pollutants that are not 

listed under "significant emissions increase" in Chapter 100 of the 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 5694 
Department's regulations and Appendix W to 40 CFR 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 of the licensing of a 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 latest federal 

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 of the protocol . If the protocol calls for collection of on-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 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 of this section, a licensee must pay an 

annual fee assessed on the sum of all licensed allowable air pollutants, except for carbon monoxide, as follows : 

Annual licensed emissions in tons Per ton fee 

1-1,000 $5 
1,001 - 4,000 $10 

over 4,001 $15 

38 MRSA §§ 353-A(1-A) states : Beginning November 1, 2008, a licensee shall pay an annual fee surcharge of 

$2 per every 1, 000 air quality units as defined in section 582, subsection 11-E. The mininnan revenue threshold 

for the annual fee surcharge is established at $1,250,000 per year. The commissioner may increase the annual 

fee surcharge to up to $4 per every 1,000 air quality units if the annual revenue derived from this annual fee 

surcharge is less than $1,250,000 per year. The commissioner shall report to the joint standing committee of the 

Legislature having jurisdiction over natural resources matters by January 15, 2010 and every 2 years thereafter 

on any fee adjustment and the justijication for the fee adjustment and the adequacy of the minimum revenue 

threshold and its ability to support the long-term sustainability of state air quality protection and improvement 

activities . 

38 MRSA §§ 353-A(2) states : Fee adjustment. The commissioner may adjust the per ton fees, the annual fee 

surcharge set forth in subsection 1-A and the maximum and minimum fees set forth in subsection 4 on an annual 

basis according to the United States Consumer Price Index established by the federal Department of Labor, 

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 of the freld of air pollution study and control on the 

part of the 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 bind persons 

residing in the municipality. 

Chapter 9 of Maine's initial SIP, which was approved on October 28, 1972, contains 

intergovernmental cooperation provisions . 

22