STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

JOHN ELIAS BALDACCI DAVID P . LITTELL GOVLRNOR MEMORANDUM COMMISSIONER

TO : Board of Environmental Protection FROM : Je l-ey ~rawford, Bureau ofAir Quality DATE: August 20, 2009

Adoption- State Implementation Plan (SIP) Submittals (RACTCertification) Statutory_ and Reaulatoi-y Reference: A . Statutory authority.

Section 182 of the CAA sets forth two separate Reasonably Available Control Technology (RACT) requirements for ozone nonattainment areas. The first requirement, contained in section 182(a)(A) ofthe CAA, and referred to as RACT fix-up, requires the correction of RACT rules for which EPA identified deficiencies before the CAAwas amended in 1990 . Maine has no deficiencies to correct under this section ofthe CAA. The second requirement, set forth in Section 182(b)(2) ofthe CAA, applies to moderate or worse ozone nonattainment areas as well as to marginal and attainment areas in Ozone Transport Regions established pursuant to Section 184of the CAA, and requires these nonattainment areas to implement RACT controls on all majorVOCand NOx emission sources AUGUSTA 17 STATE HOUSE STATION BANGOR PORTLAND PRESQUE ISLE AUGUSTA, MAINE 04333-0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 287-7688 FAX

: (207) 287-7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769-2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX : (207) 941-4584 (207) R22-6300 FAX: (207) 822-6303 (207) 764-0477 FAX : (207) 760-3143 38 MRSA Section 585-A provides that the Board of Environmental Protection "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." Section 107(a) of the 1990 Clean Air Act Amendments (CAA) provides that "Each State shall have the primary responsibility for assuring air quality within the entire geographic area comprising such State by submitting an implementation plan for such State which will specify the manner in which national ambient primary and secondary ambient air quality standards will be achieved and maintained within each air quality control region in such State." B. Specific legal mandates requiring adoption.

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: www .maine .~o~ det, printed on re-led paperand on all sources and source categories covered by a Control Technique Guideline document issued by EPA . Location/Applicability: The proposed SIP amendments apply statewide. Description: RACT is defined as the lowest emission limitation that a particular source is capable ofmeeting by the application ofcontrol technology that is reasonably available considering technological and economic feasibility. RACT requirements are included in the CAAto assure that significant source categories at major sources ofozone precursor emissions (VOVand NOx) are controlled to a "reasonable" extent, but not necessarily to the more stringent Best Available Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) levels expected of new sources. Accordingto EPA's Final Rule to Implement the 8-Hour Ozone National Ambient Air Quality Standard (70 FR 71612, November 29, 2005) areas classified as "moderate" nonattainment or higher must submit a demonstration that their current rules fulfill 8-hour ozone RACT requirements for all Control Technique Guideline (CTG) categories and all major, nonCTGsources as a revision to their State Implementation Plans (SIPs) . This demonstration canbe made with either a new RACT determination or a certification that previously-required RACT controls represent RACT for the 1997 8-hour ozone standard. Thecertification process beganwith the Department's staffreviewing the federal and state requirements, including CTGs, Available Control Technology (ACT) documents, federal Standards ofPerformance for New Stationary Sources (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS), and Maximum Available Control Technology (MACT) for the applicable source categories. Each regulation adopted bythe Department has been evaluated against applicable CTGs and ACTs, and found to fulfill RACT for all applicable source categories with the exception ofasphalt paving . Maine determined that its previous asphalt paving regulations no longer constituted RACT under the 8-hour ozone standard. During its reviewofadditional control measures that states should consider adopting as part ofthe OTC regional 8-hour ozone attainment strategy, the Ozone Transport Commission identified asphalt paving as a category where further VOCemission reductions could be achieved. After reviewing the OTC model rule, along with regulations in other northeastern states, Maine has is proposing to amend its Chapter 131 Cutback and Emulsified Asphalt rule to limit the VOCcontent ofcutback and emulsified asphalt, eliminate exempted uses ofcutback asphalt, and extend the scope ofthe regulation to all asphalt paving activities2. 1 The Department identified 35 source categories forwhich EPAissued a CTGpriorto November 29, 2005 and for which determinations ofRACTwith respect to the 1997 ozone standard were required to be included in this SIP revision. Of these 35 CTGcategories, Maine has identified applicable sources in 19. There are no existing sources forthe remaining 16 CTGsource categories, and the Department is reaffirming its negative declarationfor these categories. 2This action is a separate rulemaking with a public hearing scheduled forJune 18, 2009.The CAAalso requires RACT be applied to any major existing stationary source with the

potential to emit 50tons or greaterperyear ofVOCor 100tons or greater ofNOx in the Ozone Transport Region. Maine's Chapter 134Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds (VOC RACT) rule applies to all Maine sourceswith potential VOCemissions of40tpy that are not regulated specific regulation3, while the Chapter 138 ReasonablyAvailable Technology For Facilities that Emit Nitrogen Oxides (NOx RACT) rule applies to all Maine sourceswith potential NOx emissions of 100tpy that are not located within the region subject to thesection 182(f) NOx waiver. After reviewingall existing major stationary sources ofVOCand NOx, the Department determined that although all major sources in Mainearemeeting the RACT requirements, the McCain Foods USA, Inc. Tatermeal Facility VOCRACT determination was never submitted to EPA .for inclusion in the SIP . The Department is therefore including this Air Emission License (#A-459-71-D-A) in this proposal . The Department posted the proposed SIP submittal to a 30-day public comment period with the opportunity to request a public hearing, and received several comments suggesting technical corrections and clarifications fromEPA, which were incorporated in the final draft. Therewere no requests for a public hearing. Environmental Issues: Ground level ozone is responsible for exacerbating a variety of respiratory ailments, such as asthma. Although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that involves physical exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. Departmental Recommendation: The Department recommends that the Board adopt the proposed amendments as submitted. Estimated Time of Presentation: 15 minutes.

3 Specific processes at these facilities may be covered by a CTG . 3