PAUL R
. LEPAGE GOVERNOR June 1, 2011 

### Anne Arnold U.S
. EPARegion 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 amwriting in regard to Maine's July 27, 2009 submittal documenting that the Maine State Implementation Plan for air quality adequately meets the CleanAir Act (CAA) "infrastructure" requirements of section 110a(1) and (2) for the 200624-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) ofthe CAArelated 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, ofthe 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 PollutionTransport Requirements of CAASection 110(a)(2)(D)(i) were posted to a 30-day public comment period ending on February 4, 2008
. These revisions were submitted to EPAon 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 areasthat have been officially found to be exceeding the ambient air duality standards, and are therefore nonattainment areas. It also designates which classof increment that will apply in each area. 06-096 CMRChapter 115 Majorand Minor Source Air Emission License Regulations Maine's PSDregulations require the owner of any proposed newmajor source or major modification to demonstrate that any increased emissions fromaproposed facility or expansion would not significantly deteriorate air quality, regardless ofwhere these BANGOR 106 HOGAN ROAD,SUITE 6 BANGOR, MAINE 04401 (207) 941-4570 FAX : (207) 941-4584 PORTLAND PRESQUE ISLE 312 CANCOROAD 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/depemissions 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 ofthe effects of new sources on the visibility values of Federal Class I areas. Chapter 115 of the Department's regulations requires owners and operatorsofall new major stationary sources or majormodifications 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 consistof a Level I or Level II visibility screening analysis, or a more refined visibility modeling reviewthat would involvethe use of tools such as the CALPUFF model
. These analyses require the source owner or operator to demonstrate that operation ofthe source will have an insignificant visibility impact on the applicable Class I area. The Department works closely with the appropriate federal land manager when reviewingthese 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 NSRprogramin Maine is implemented through the Chapter 100 Definitions Regulation which was approved into the SIPon October 15, 19962, theChapter 113 Growth Offset Regulation which was approved into the SIP on February 14, 19963, and theChapter 115 Majorand Minor SourceAir Emission License Regulations which were approved into the SIP by EPAon February 14, 19964 (See Attachments)
. Although these rules have been amended several times since being incorporated into the SIP, these revisions didnot change anyof the major source permitting requirements, and the current state regulations are consistent with the SIP-approved versions forthe purposes of implementing the New Source Reviewprogram . Maine submitted its Regional Haze SIPto EPAon 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 CMRChapter 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 newsource and modifications through the 06-096 Chapter 140Part 70 Air Emission License Regulations
.


### ould have anyfurther questions, please feel free to contact me at