PAUL R. LEPAGE 

GOVERNOR 

June 1, 2011 

Anne Arnold 

U.S . EPA Region I-NE 

5 Post Office Square 

Mail Code: OEP 05-2 

Boston, Ma. 02109-3912 

JAMES P . BROOKS 

ACTING COMMISSIONER 

RE: Certification of Required SIP Elements Under Section 110(a)(1) and (2) for the 

2006 24-Hour PM2.5 NAAQS 

Dear Ms. Arnold; 

I am writing in regard to Maine's July 27, 2009 submittal documenting that the Maine 

State Implementation Plan for air quality adequately meets the Clean Air Act (CAA) 

"infrastructure" requirements of section 110a(1) and (2) for the 2006 24-Hour PM-,,5 

National Ambient Air Quality Standard (NAAQS). 

It has recently come to my attention that the Maine submittal did not explicitly address 

two elements required under section 110(a)(2)(D) of the CAA related to prevention of 

significant deterioration (PSD) and visibility . The Department would like to amend its 

submittal to explicitly identify these required elements by substituting the following 

language in its 2009 submittal : 

110(a)(2)(D)-

Interstate 

Transport 

AUGUSTA I 

17 STATE HOUSE STATION 

AUGUSTA, MAINE 04333-0017 

(207) 287-7688 FAX: (207) 287-7826 

RAY BLDG., HOSPITAL ST. 

STATE OF MAINE 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Provisions 

prohibiting any 

source or other type 

of emissions activity 

in one State from 

contributing 

significantly to 

nonattainment or 

interfering with 

maintenance, of the 

NAAQS in another 

State, or from 

interfering with PSD 

measures or 

measures to protect 

visibility in another 

state 

Revisions to the Maine State Implementation Plan addressing the 

interstate Air Pollution Transport Requirements of CAA Section 

110(a)(2)(D)(i) were posted to a 30-day public comment period ending 

on February 4, 2008. These revisions were submitted to EPA on April 

24, 2008 . 

38 MRSA §584-B. Establishment of ambient increments -- Class I 

regions 

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 duality 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 

BANGOR 

106 HOGAN ROAD, SUITE 6 

BANGOR, MAINE 04401 

(207) 941-4570 FAX: (207) 941-4584 

PORTLAND PRESQUE ISLE 

312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK 

PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04679-2094 

(207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 

web site : www.maine .gov/dep 
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 1980, 

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 II 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, 19962, the Chapter 113 Growth Offset Regulation which was 

approved into the SIP on February 14, 19963, and the Chapter 115 

Major and Minor Source Air Emission License Regulations which 

were approved into the SIP by EPA on February 14, 19964 (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. 

Maine submitted its Regional Haze SIP to EPA on December 6, 2010; 

we expect approval in late 2011 . 

In addition, Maine would like to clarify that with respect to section I10(a)(2)(D)(ii), Maine 

sources have not been identified by EPA as having interstate or international impacts under 

section 126 or section 115, respectively, in any pending actions related to the 2006 PM2.5 

NAAQS . Further, Maine's SIP meets the notification requirements of section 126 through the 

implementation of the 06-096 CMR Chapter 115 Major and Minor Source Air Emission License 

Regulations which require the State to notify any state, Federal Land Manager or Indian 

1 45 FR 8009 

Z 61 FR 53639 

; 61 FR 5694 

4 61 FR 5694 
governing body land whose land will be affected by emissions from the new source or 

modification. Affected states are notified of new source and modifications through the 06-096 

Chapter 140 Part 70 Air Emission License Regulations . 

ould have any further questions, please feel free to contact me at