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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 1 

%Tq4 PRO~1-GS~O 5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Memorandum 

Date: 

Subject: Technical Support Document (TSD) for the Maine Submittals to Fulfill the 

Requirements for 1997 and 2006 PM2.5 National Ambient Air Quality Standard 

Infrastructure Portion of the Clean Air Act Under Section 11 0(a)(2) 

From : Alison Simcox, Environmental Scientist W 

Thru: Anne Arnold, Manager 

Air Quality Planning Unit 

To: Docket for Maine Section 110 PM2.5 Infrastructure Submittals 

(EPA-RO1- OAR-2011-0318 and EPA-RO1- OAR-2011-0322) 

A. INTRODUCTION 

The Environmental Protection Agency (EPA) is taking action on certain submittals made by 

Maine to meet the Clean Air Act (CAA) section 110(a)(2) requirements relating to the 1997 and 

the revised 2006 fine particulate matter (PMZ,5) national ambient air quality standards (NAAQS). 

This technical support document (TSD) gives EPA's analysis of the Maine submissions with 

respect to section 110(a)(2). 

B. BACKGROUND 

Under sections 110(a)(1) and (2) of the Clean Air Act (CAA), states are required to submit SIPs 

that provide for the implementation, maintenance, and enforcement (the infrastructure) of a new 

or revised NAAQS within three years following the promulgation of the NAAQS. Section 

110(a)(2) lists the specific infrastructure elements that must be incorporated into the SIPs, 

including for example, requirements for emission inventories, prevention of significant 

deterioration (PSD), air pollution control measures, and monitoring that are designed to assure 

attainment and maintenance of the NAAQS. EPA refers to the requirements of section 

110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the "infrastructure" SIPs. Additionally, EPA 

refers to the requirements of section 110(a)(2)(D)(i) as the "interstate transport" SIPs. EPA 

provided separate guidance to states on each type of SIP, infrastructure and interstate transport, 

and these actions may be on separate tracks and timelines. 
1997 and 2006 PM2.5 NAAQS 

On July 18, 1997, EPA published new NAAQS for PM (62 FR 38652). This included a new 

annual and a new 24-hour NAAQS for particles with an aerodynamic diameter less than or equal 

to a nominal 2 .5 micrometers (denoted PM2.5) . The annual PM2.5 standard was set at 15 

micrograms per cubic meter (~tg/m3) based on a 3-year average of annual mean PM2.5 

concentrations, and the 24-hour PM2.5 standard was set at 65 pg/m3 based on a 3-year average of 

the 98th percentile of 24-hour concentrations . 

Thus, states were required to submit "infrastructure" SIPs for the 1997 PM2,SNAAQS to EPA no 

later than June 2000. However, intervening litigation over the 1997 PM2.5 (and the 1997 8-hour 

ozone) NAAQS created uncertainty about how to proceed, and many states did not provide the 

required "infrastructure" SIP submissions for these newly promulgated NAAQS. 

On March 4, 2004, Earthjustice submitted a notice of intent to sue related to EPA's failure to 

issue findings of failure to submit related to the infrastructure requirements for the 1997 PM2.5 

(and 8-hour ozone) NAAQS. With regard to the 1997 PM2.5 NAAQS, EPA entered into a 

consent decree with Earthjustice, which required EPA to complete a Federal Register notice 

announcing EPA's determinations pursuant to section 110(k)(1)(B) of the Act as to whether each 

state had made complete submissions to meet the requirements of section 110(a)(2) for the 1997 

PM2.5 NAAQS by October 5, 2008 . 

On October 17, 2006, EPA published revised standards for PM (71 FR 61144). For PM2.5, the 

annual standard of 15 pg/m was retained, and the 24-hour standard was revised to 35 p,g/m3 . For 

PMIO, the annual standard was revoked, and the 24-hour standard (150 gg/m3) was retained. As 

required by section 110(a)(1) of the CAA, 110(a)(2) ("infrastructure") submittals were due 

within three years of promulgation of the revised 24-hour PM2.5 standard (i .e ., by September 21, 

2009). 

Maine submitted a certification letter for the 1997 PM2.5 standards on September 10, 2008. On 

October 22, 2008, EPA published findings concerning whether states had made the 110(a)(2) 

submissions for the 1997 PM2.5 standards (73 FR 62902) . In the October 2008 action, we found 

that Maine had made a complete submission. 

Maine submitted a certification letter for the 2006 PM2.5 NAAQS on July 27, 2009. On June 9, 

2010, EPA published findings concerning whether states had made the 110(a)(2) submissions for 

the 2006 PM2.5 standards (75 FR 32673). In this findings notice, we found that Maine had made a 

complete submission. 

Additional information 

EPA is currently acting upon SIPs that address the infrastructure requirements of CAA section 

110(a)(1) and (2) for ozone and PM2.5 NAAQS for various states across the country. Commenters 

on EPA's recent proposals for some states raised concerns about EPA statements that it was not 

addressing certain substantive issues in the context of acting on those infrastructure SIP 

submissions. Those commenters specifically raised concerns involving provisions in existing 
SIPs and with EPA's statements in other proposals that it would address two issues separately 

and not as part of actions on the infrastructure SIP submissions: (i) existing provisions related to 

excess emissions during periods of start-up, shutdown, or malfunction ("SSM") at sources, that 

may be contrary to the CAA and EPA's policies addressing such excess emissions; and (ii) 

existing provisions related to "director's variance" or "director's discretion" that purport to permit 

revisions to SIP-approved emissions limits with limited public process or without requiring 

further approval by EPA, that may be contrary to the CAA. EPA notes that there are two other 

substantive issues for which EPA stated in other proposals that it would address the issues 

separately: (i) existing provisions for minor-source new source review ("minor source NSR") 

programs that may be inconsistent with the requirements of the CAA and EPA's regulations that 

pertain to such programs; and (ii) existing provisions for Prevention of Significant Deterioration 

(PSD) programs that may be inconsistent with current requirements of EPA's "Final NSR 

Improvement Rule," 67 FR 80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 

2007) ("NSR Reform") . 

As noted above, for the 1997 PM2.5 (and also for 8-hour ozone) NAAQS, states must provide a 

SIP submission, or provide a certification that addresses sections 110(a)(2)(A) through (M), with 

the exception of the portion of 110(a)(2)(C) pertaining to a permit program in Part D Title I of 

the CAA, 3 of 4 prongs of (D)(i), and 110(a)(2)(1) (nonattainment area plan under Part D) . 

The four prongs of 110(a)(2)(D)(i) refer to EPA's subdivision of (D)(i) into four "interstate 

transport prongs," two under 110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(II) . The two 

prongs under 110(a)(2)(D)(i)(I) are : (prong 1) contribute significantly to nonattainment in any 

other state with respect to any such national primary or secondary NAAQS, and (prong 2) 

interfere with maintenance by any other state with respect to the same NAAQS. The two prongs 

under 110(a)(2)(D)(i)(II) are (prong 3) interfere with measures required to be included in the 

applicable implementation plan for any other state under part C to prevent significant 

deterioration (PSD) of air quality or (prong 4) to protect visibility . 

To help states meet this statutory requirement, EPA issued guidance on October 2, 2007 entitled 

"Guidance on SIP Elements Required Under Section 110(a)(1) and (2) for the 1997 8-Hour 

Ozone and PM2.5 National Ambient Air Quality Standards," which listed the basic elements that 

states must include in their 110(a) SIPs. 

On September 25, 2009, EPA issued an updated guidance document entitled Guidance on SIP 

Elements Required Under Sections 110(a)(1) and (2) for the 2006 24-Hour Fine Particle (PM2,5) 

National Ambient Air Quality Standards (NAAQS), which clarifies expectations for certain 

elements to meet the requirements of sections 11 0(a)(1) and (2) of the CAA for both the 1997 

and 2006 PM2.5 NAAQS. Specifically, guidance is provided for satisfying the section 

110(a)(2)(D) requirements for the 2006 PM2.5 NAAQS, as well as guidance for satisfying the 

section 110(a)(2)(G) requirements that addresses both the 1997 and 2006 PM2.5 NAAQS. 

C. STATE SUBMITTALS 
Pursuant to the October 2, 2007 EPA guidance for addressing the SIP infrastructure elements 

required under sections 110(a)(1) and (2), there are 14 components that must be included in the 

SIPs that Maine submitted for the 1997 and 2006 PM2.5 NAAQS. These are as follows : 

Section 110(a)(2)(A) Emission limits and other control measures. 

Section 110(a)(2)(B) Ambient air quality monitoring/data system. 

Section 110(a)(2)(C) Program for enforcement of control measures . 

Section 110(a)(2)(D) Interstate transport. 

Section 110(a)(2)(E) Adequate resources. 

Section 110(a)(2)(F) Stationary source monitoring system . 

Section 110(a)(2)(G) Emergency power. 

Section 110(a)(2)(H) Future SIP revisions. 

Section 110(a)(2)(J) Consultation with government officials. 

Section 110(a)(2)(J) Public notification. 

Section 110(a)(2)(J) Prevention of significant deterioration (PSD) and visibility protection. 

Section 110(a)(2)(K) Air quality modeling/submission of such data. 

Section 110(a)(2)(L) Permitting fees . 

Section 110(a)(2)(M) Consultation/participation by affected local entities . 

As noted above, Maine provided a submittal dated September 10, 2008 to satisfy the 

requirements of section 110(a)(2) of the CAA for the 1997 PM2.5 NAAQS, and a submittal dated 

July 27, 2009 for the 2006 PM2.5 NAAQS. 

We are proposing to approve the submittals from Maine as fully meeting the infrastructure 

requirements for the 1997 and 2006 PM2,5 standards for the following 110(a)(2) elements : section 

110(a)(2)(B), (C) (enforcement program), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) 

(public notification), (K), (L), and (M). We are also proposing to approve the submittals from 

Maine as fully meeting the infrastructure requirements for prongs 1, 2 and 4 of 110(a)(2)(D)(i). 

We are also proposing to conditionally approve the submittals from Maine for the following 

110(a)(2) elements: 110(a)(2)(A), Dii, and E(ii) (state boards and conflict of interest provisions), 

and for (C), (D)(i)(II), and (J) as they relate to the state's PSD program. 

For Maine, as further described under "Evaluation of State Submittals," we are addressing all 

four prongs of 110(a)(2)(D)(i), as well as 110(a)(2)(D)(ii) for Maine's 110(a) submission for the 

1997 and 2006 PM2.5 NAAQS. EPA has previously decided that it can take action on different 

parts of an infrastructure SIP for a given NAAQS without taking concurrent action on all 

subsections . For some states, EPA is taking administrative actions on the four prongs of 

110(a)(2)(D)(i) on different tracks with different schedules. 
D. EVALUATION OF STATE SUBMITTAL 

As noted above, Maine provided submittals for the 1997 and 2006 PM2,5 NAAQS. However, the 

demonstrations submitted by the state for how it is meeting many of the elements are 

substantively identical for both the PM2,5 NAAQS. Therefore, unless otherwise noted, the 

following evaluation of each element pertains to both standards. 

1 . Section 110(a) (2)(Al : Emission limits and other control measures: 

This requires SIPs to include enforceable emission limits and other control measures, means or 

techniques, schedules for compliance and other related matters. 

ME DEP's response to this requirement: The state listed the following provisions to meet this 

element: 

38 MRSA §581. Declaration of findings and intent 

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 . 

38 MRSA §585. Establishment of emission standards 

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 

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 

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 

EPA analysis : Section 110(a)(2)(A) requires that all emission limits, control measures and other 

related matters in the SIP be enforceable. Many of the Maine regulations listed above were 

previously approved by EPA (see Appendix) . 

The rules approved in the ME SIP apply a substantial level of control on PM2.5 and PM2,5 

precursors consistent with the general requirement of CAA section 110(a)(2)(A) . However, 

Maine's current ambient air quality standards in Chapter 110 are out of date and do not reflect 

the 1997 or 2006 PM2.5 NAAQS. ME DEP has recently proposed revisions to Chapter 110 to 

address the more recent NAAQS. On June 30, 2012, Maine submitted a letter to EPA 

committing to adopt and submit the necessary regulation revisions to EPA by a date that is no 

later than one year from conditional approval of Maine's PM2.5 infrastructure submissions . 

Therefore, we propose to conditionally approve Maine's 110(a) submissions for infrastructure 

element 110(a)(2)(A) . 
2. Section 110(a)(2)(B) : Ambient air quality monitoring/data system 

This requires SIPs to include provisions to provide for establishment and operation of ambient 

air quality monitors, collecting and analyzing ambient air quality data, and making these data 

available to EPA upon request. 

ME DEP's response to this requirement: The State noted the following to meet this element: 

Maine's initial SIP, containing provisions for an ambient air quality monitoring and data analysis 

system was approved on October 28, 1972. 

[The most recent plan for Maine, the 2011 Annual Air Monitoring Network Plan, was submitted 

on June 30, 2011 and was approved by EPA on July 21, 2011 .] 

Maine DEP operates a comprehensive ambient air quality monitoring and data analysis program 

for all required NAAQS through a statewide network of air quality monitors, and maintains a 

database on these pollutants that are released from new and existing area, point and mobile 

sources. These data are reviewed in accordance with the Quality Assurance Project Plans 

(QAPPS) and submitted to AQS within 90 days of the end of each quarter. 

EPA analysis : Maine meets the requirements to establish, operate, and maintain an ambient air 

monitoring network, collect and analyze the monitoring data, and make the data available to EPA 

upon request. We conclude that Maine's infrastructure SIPs for the 1997 and 2006 PM2.s 

NAAQS meet the requirements of section 110(a)(2)(B) . 

3 . Section 110(a)(2)(C: Programs for Enforcement, PSD, and NSR 

This requires states to have a plan that includes a program providing for enforcement of all SIP 

measures and the regulation of modification and construction of any stationary source within the 

areas covered by the plan as necessary to assure that NAAQS are achieved, including a program 

to meet PSD and nonattainment New Source Review (NSR) requirements. 

ME DEP's response to this requirement: The State listed the following provisions to meet this 

element: 

38 MRSA § 347-A and C, 38 MRSA §348, 38 MRSA §349 of the MRSA provide DEP with 

civil and criminal enforcement authorities, including the authority to assess penalties. 

CMR Chapter 100 Definitions and Regulations and CMR Chapter 115 Emission License 

Regulation, contains the regulations for NSR. 

EPA analysis: 

To meet the requirement for having a program for the regulation of the modification and 

construction of any stationary source within the areas covered by the plan as necessary to assure 

that NAAQS are achieved, including a permit program as required by part C and part D of the 
CAA, the state is required to have SIP-approved PSD, Nonattainment, and Minor NSR 

permitting programs adequate to implement the 1997 and 2006 PM2.5 (as well as the 1997 and 

2008 8-hour ozone) NAAQS. 

Enforcement: 

As noted above, Maine's infrastructure SIP submittal references the state regulations that provide 

for enforcement of those emission limits and control measures that the state has identified as 

necessary or appropriate for purposes of addressing the requirements of section 110(a)(2)(A) . 

NSR and PSD permitting : 

As discussed previously, we are not evaluating nonattainment-related provisions, such as the 

nonattainment NSR program required by part D in 110(a)(2)(C) and measures for attainment 

required by section 11 0(a)(2)(1), as part of the infrastructure SIPs for the 1997 and 2006 PM2,5 

NAAQS because these submittals are required beyond the date (3 years from NAAQS 

promulgation) that section 110 infrastructure submittals are required . 

PSD programs apply in areas that are meeting the NAAQS or are unclassifiable (referred 

to as areas in attainment). PSD applies to new major sources and major modifications at existing 

sources. 

The Maine PSD (and NSR) program is established in CMR (Maine Regulations) Chapters 100, 

113, 115 (licensing for minor sources) and 140 (licensing for major sources) . Maine implements 

its PSD program requirements under CMR Chapter 115 . This PSD program was approved into 

the SIP on February 14, 1996 (61 FR 5690) . Maine has authority to issue PSD permits and 

enforce them under its approved PSD SIP. 

Major Source PM2.5 PSD rules 

On May 16, 2008, EPA promulgated the final "Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less Than 2 .5 Micrometers (PM2.5)" (73 FR 28321). 

That action established NSR applicability for PM2.5 precursor pollutants, established major 

source thresholds and significant emissions rates for PM2.5 and its precursors, and laid out a road 

map for states to use in transitioning to addressing condensable particulate matter . Maine is in 

the process of adopting rules to meet its obligations for PSD under the May 2008 PM2,5 rule. 

Following adoption of these rules, the state will submit a SIP revision to EPA for approval. 

On October 20, 2010, EPA promulgated the final "Prevention of Significant Deterioration (PSD) 

for Particulate Matter Less Than 2.5 Micrometers (PM2.5)-Increments, Significant Impact 

Levels (SILs) and Significant Monitoring Concentration (SMC)" (75 FR 64864). That action 

amended the requirements PM2.5 under the PSD program by adding maximum allowable 

increases in ambient pollutant concentrations ("increments"') and two screening tools, known as 

the Significant Impact Levels (SILs) and a Significant Monitoring Concentration (SMC) for 

PM2.5 . The SILs for PM2.5 were also added to two other NSR rules that regulate the construction 

and modification of any major stationary source located in an attainment or unclassifiable area, 

where the source's emissions may cause or contribute to a violation of the NAAQS. In this final 

rule, states are required to submit revised SIPs to EPA for approval by July 20, 2012 . Although 
Maine will not meet this deadline, the state is in the process of adopting rules to meet its 

obligations for PSD under the October 2010 PM2.5 rule . Following adoption of these rules, the 

state will submit a SIP revision to EPA for approval. 

Minor Source Permitting: 

In this action, EPA is proposing to approve Maine's Infrastructure SIP for the 1997 and 2006 

PM2.5 standards with respect to the general requirement in section 110(a)(2)(C) to include a 

program in the SIP that regulates the modification and construction of any stationary source 

necessary to assure that the NAAQS are achieved. EPA did not reevaluate Maine's minor source 

program at this time and, therefore, is not proposing to approve or disapprove the state's existing 

minor NSR SIP program to the extent that it may be inconsistent with EPA's regulations 

governing this program. 

NOx as a Precursor to Ozone in Northern Maine: 

While this infrastructure SIP review was triggered by the 1997 and 2006 PM2.5 NAAQS, in order 

to meet the requirements of Section 110(a)(2)(C) the state must have an approvable PSD SIP that 

properly addresses all regulated air pollutants . 

On November 29, 2005, EPA promulgated the "Final Rule To Implement the 8-Hour Ozone 

National Ambient Air Quality Standard-Phase 2" (70 FR 70612). This rule specifies, among 

other requirements, that emissions of NOx be treated as precursors to ozone under the PSD 

program (70 FR 71699). 

In most of Maine, PSD does not apply to ozone because the entire state is part of the Ozone 

Transport Region as provided for in section 184(a) of the Act, and nonattainment NSR applies to 

ozone instead. However, on February 3, 2006, EPA approved Maine's request for an exemption 

from the requirements for NOx control contained in section 182(f) of the Clean Air Act for 

certain parts of northern Maine. (71 FR 5791). Specifically, the area includes Aroostook, 

Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and 

Waldo Counties. Although this "NOx waiver area" is part of the Ozone Transport Region, the 

waiver area itself is designated unclassifiable/attainment for the 1997 8-hour ozone standard . (70 

FR 49528). As a result of EPA's grant of the NOx waiver, nonattainment area NSR does not 

apply to NOx emissions associated with major new sources and major modifications in the 

waiver area. Rather, PSD review applies to major new sources and major modifications with 

significant emissions of NOx. 

Maine's current PSD regulations do not properly account for NOx as a precursor to ozone as 

required by the Phase 2 Ozone Implementation Rule as codified at 40 CFR 51 .166(b)(1)(ii), 

(b)(2)(ii), (b)(23)(i), and (b)(49)(i)(a). ME DEP is in the process of adopting rules to meet its 

obligations for PSD under the Phase 2 Ozone Implementation Rule. Following adoption of these 

rules, the state will submit a SIP revision to EPA for approval. 

Greenhouse Gas (GHG) PSD Permitting : 
10 

On June 3, 2010, EPA promulgated the final "Prevention of Significant Deterioration and Title V 

Greenhouse Gas Tailoring Rule" (75 FR 31514). This rule, known as "the Tailoring Rule" 

established thresholds that phase in the applicability of PSD requirements to GHG sources, 

starting with the largest GHG emitters, and was designed to relieve the overwhelming 

administrative burdens and costs associated with the dramatic increase in permitting burden that 

would have resulted from applying PSD requirements to GHG emission increases at or above the 

mass-based statutory thresholds of 100 or 250 tons per year generally applicable to all PSDregulated pollutants starting on January 2, 2011 . However, EPA recognized that even after it 

finalized the Tailoring Rule, many SIPs with approved PSD programs would, until they were 

revised, continue to apply PSD at the statutory thresholds, even though the states would not have 

sufficient resources to implement the PSD program at those levels . 

Consequently, on December 30, 2010, EPA promulgated the final "Limitation of Approval of 

Prevention of Significant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans" (75 FR 82536), which narrowed EPA's approval of 

previously approved SIPs that apply PSD to GHG emissions increases from sources emitting 

GHGs below the Tailoring Rule thresholds. This "narrowing rule" allowed EPA to withdraw its 

previous approvals of state programs to the extent that the SIPs applied PSD to increases in GHG 

emissions from GHG-emitting sources below the Tailoring Rule thresholds. Portions of the PSD 

programs regulating GHGs from GHG-emitting sources with emission increases at or above the 

Tailoring Rule thresholds remained approved. The effect of EPA narrowing its approval in this 

manner is that the provisions of previously approved SIPs that apply PSD to GHG emissions 

increases from sources emitting GHGs below the Tailoring Rule thresholds have the status of 

having been submitted by the state but not yet acted upon by EPA. 

EPA previously noted that there was a deficiency in Maine's PSD program because the state does 

not have adequate resources to implement the PSD permitting program with respect to GHG 

emissions. (See 75 FR 82536, December 30, 2010). ME DEP has since adopted revisions to its 

program to address this deficiency, but has not yet submitted these rules to EPA. In that same 

December 30, 2010 action, EPA issued a SIP error correction withdrawing EPA's approval of 

Maine's PSD program to the extent it applies to increases in GHG emissions below the 

thresholds in EPA's tailoring rule revisions to the federal PSD program in the so-called 

"narrowing rule ." On June 13, 2012, Maine submitted a letter to EPA stating that in evaluating 

its section 110 infrastructure submittal, EPA should consider the state's PSD program as 

currently approved in the SIP and as corrected by EPA's December 30, 2010 narrowing rule . 

However, because Maine has not completed rulemaking to meet requirements of the two PM2.5 

PSD rules (73 FR 28321 and 75 FR 64864) and the Phase 2 Ozone Implementation Rule (70 FR 

70612) discussed above, we are proposing to conditionally approve Maine's 110(a) submittals 

with respect to CAA section 110(a)(2)(C) for the 1997 and 2006 PM2.5 NAAQS. On June 13, 

2012, Maine submitted a letter to EPA committing to adopt and submit the necessary regulation 

revisions to EPA by a date that is no later than one year from conditional approval of Maine's 

PM2,5 infrastructure submissions. 

EPA concludes that Maine has SIP-approved regulations that include programs for enforcement, 
11 

source monitoring, source testing and test methods, and recordkeeping and reporting (see 

Appendix). However, EPA is proposing to make a determination that the Maine 110(a) 

submittals for the 1997 and 2006 PMa.s NAAQS do not meet the portions of CAA section 

110(a)(2)(C) which relate to the state's need to have a federally enforceable P SD program that 

meets requirements of the three major-source PSD rules discussed above, 70 FR 70612, 73 FR 

28321 and 75 FR 64864 . Therefore, we are proposing to conditionally approve infrastructure 

element 110(a)(2)(C) . As discussed below, we are also proposing to conditionally approve two 

related elements, (D)(i)(II) and (J). 

4. Section 110(a)(2)(D)(i): Interstate transport 

Section 110(a)(2)(D) is divided into two components, 110(a)(2)(D)(i) and 110(a)(2)(D)(ii) . In 

addition, EPA has subdivided Section 110(a)(2)(D)(i) into four "prongs," two under 

110(a)(2)(D)(i)(I) and two under 110(a)(2)(D)(i)(II) . The two prongs under 110(a)(2)(D)(i)(I) are 

(prong 1) contribute significantly to nonattainment in any other state with respect to any such 

national primary or secondary NAAQS, and (prong 2) interfere with maintenance by any other 

state with respect to the same NAAQS. The second two prongs under 110(a)(2)(D)(i)(II) are 

(prong 3) interfere with measures required to be included in the applicable implementation plan 

for any other state under Part C to prevent significant deterioration of air quality or (prong 4) to 

protect visibility . 

Section 110(a)(2)(D)(ii) addresses interstate and international pollution abatement, and requires 

SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to 

interstate and international pollution abatement. 

Herein, we are addressing all four prongs of 110(a)(2)(D)(i) as well as 110(a)(2)(D)(ii) for 

Maine's 110(a) submission for the 1997 and 2006 PM2.5 NAAQS. EPA has previously decided 

that it can take action on different parts of an infrastructure SIP for a given NAAQS without 

taking concurrent action on all subsections. For some states, EPA is taking administrative actions 

on the four prongs of 110(a)(2)(D)(i) on different tracks with different schedules. However, for 

Maine, we are addressing herein all four prongs . 

ME DEP's response to this requirement: As modified by an addendum dated June 1, 2011, the 

state listed the following provisions to meet components of 11 0(a)(2)(D): 

Revisions to the Maine State Implementation Plan addressing the Interstate Air Pollution 

Transport Requirements of CAA Section 11 0(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 
12 

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 1980 (45 FR 8009) 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, 1996 (61 FR 53639), the Chapter 113 Growth 

Offset Regulation which was approved into the SIP on February 14, 1996 (61 FR 5694), and the 

Chapter 115 Major and Minor Source Air Emission License Regulations which were approved 

into the SIP by EPA on February 14, 1996 (61 FR 5694) . 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. 

In addition, Maine would like to clarify that with respect to section 110(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 PMZ,S 

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 

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. 
13 

EPA analysis : 

On June 30, 2012, Maine submitted a letter to EPA certifying that it is not contributing 

significantly to nonattainment or interfering with maintenance of the 1997 or 2006 PM2.5 

NAAQS in any other state. EPA agrees and has conducted modeling for the Clean Air Interstate 

Rule (CAIR) (70 FR 25162) and for the Cross State Air Pollution Rule (CSAPR) (76 FR 48208) 

that shows that Maine does not contribute to nonattainment or interfere with maintenance in any 

other state. Therefore, we are proposing to approve Maine's submissions with respect to prongs 

1 and 2 of 110(a)(2)(D)(i) . 

Regarding prong 3 under section 110(a)(2)(D)(i)(II), we are addressing the requirement that 

pertains to preventing sources in Maine from emitting pollutants that will interfere with measures 

required to prevent significant deterioration of air quality in other states . On August 15, 2006, 

EPA issued guidance entitled "Guidance for State Implementation Plan (SIP) Submissions to 

Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-hour Ozone and 

PM2,5 National Ambient Air Quality Standards." The 2006 guidance states that the PSD 

permitting program is the primary measure that each state must include to prevent interference 

with other State's programs to prevent significant deterioration of air quality in accordance with 

section 110(a)(2)(D)(i)(II) . 

As discussed under (3) of this TSD on section 110(a)(2)(C), the state's SIP-approved PSD 

program does not yet meet requirements of the most recent federal PSD rules for implementing 

the PMZ,5 NAAQS or the Phase 2 Ozone Implementation Rule. Therefore, we are proposing to 

conditionally approve prong 3 of 110(a)(2)(D)(i)(II) in Maine's 110(a) submittals for the 1997 

and 2006 PM2.5 NAAQS. 

Regarding prong 4 under section 110(a)(2)(D)(i)(II) (interference with visibility protection), 

EPA proposes to approve Maine's submission. Specifically, Maine submitted a Regional Haze 

SIP to EPA on December 9, 2010, with supplemental submittals on September 14, 2011 and 

November 9, 2011 . On April 24, 2012, EPA approved Maine's Regional Haze SIP for the first 

planning period from 2008 through 2018 . (See 77 FR 24385 .) 

Regarding Section 110(a)(2)(D)(ii), which relates to interstate and international pollution 

abatement, Maine's PSD regulations, which EPA approved in 1996 (61 FR 5690), provide for 

notice to various parties consistent with the requirements in the EPA PSD program at 40 CFR 

51 .166(q)(iv). In its 110(a) SIPs, the state certified that it has no pending obligations under 

section 115 or 126(b) of the CAA. As noted in the June 2011 addendum to their 110(a) 

submittal, Maine notifies affected states regarding new source and modifications under its 

Chapter 140 Part 70 Air Emission License Regulations. However, this regulation has not been 

approved into the ME SIP . On June 13, 2012, Maine submitted a letter to EPA committing to 

adopt and submit the necessary regulation revisions to EPA by a date that is no later than one 

year from conditional approval of Maine's PM2,5 infrastructure submissions. Therefore, we are 

proposing to conditionally approve Maine's submissions for infrastructure element 

110(a)(2)(D)(ii) . 
14 

5. Section 110(a)(2)(E) : Adequate resources 

Section 110(a)(2)(E) requires states to provide (i) necessary assurances that the state will have 

adequate personnel, funding, and authority under state law to carry out the SIP (and is not 

prohibited by any provision of federal or state law from carrying out the SIP or portion thereof), 

(ii) requires that the state comply with the requirements respecting state boards under section 

128, and (iii) necessary assurances that, where the state has relied on a local or regional 

government, agency, or instrumentality for the implementation of any SIP provision, the state 

has responsibility for ensuring adequate implementation of such SIP provision. 

ME DEP's response to this requirement: The State listed the following provisions to meet 

this element: 

38 MRSA §341-A. Department of Environmental Protection: 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 . 

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. 

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

may be 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 : The board is charged with the following 

duties and responsibilities . 

I-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 rule that is anticipated to be more stringent than the federal standard, if 

an applicable federal standard exists . 
15 

. . . ., and shall explain in a separate section of the basis statement the justification for the 

difference between the agency rule and the federal standard . 

38 MRSA §342. Commissioner, duties : The Commissioner of Environmental Protection shall 

have the following duties : 

1-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 of such 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 §581 . Declaration of findings and intent : 

. . . 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 . . . . 

Chapter 8 of Maine's initial SIP, documenting the existence of adequate resources was 

approved on October 28, 1972. For FY 2007, the Bureau of Air Quality had a staff of 59, and a 

budget of $5 .5 million. 

EPA analysis : 

Maine's 38 MRSA §341-A provides adequate authority for the State of Maine to carry out its 

SIP obligations with respect to the 1997 and 2006 PM2.5 NAAQS. The State receives sections 

103 and 105 grant funds through its Performance Partnership Grant along with required state 

matching funds to provide funding necessary to carry out Maine's SIP requirements. 

In this action, EPA proposes to find that Maine's resources meet the requirements of CAA 

section 110(a)(2)(E)(i). 

With regard to section 110(a)(2)(E)(ii), Maine has a Board of Environmental Protection that 

approves permits or enforcement orders under the CAA. Congress added section 128 in the 1977 

amendments as the result of a conference agreement. Titled "State boards," section 128 

provides in relevant part : (a) Not later than the date one year after August 7, 1977, each 

applicable implementation plan shall contain requirements that : 

(1) Any board or body which approves permits or enforcement orders under [this Act] shall have 

at least a majority of members who represent the public interest and do not derive any significant 

portion of their income from persons subject to permits or enforcement orders under [this Act], 

and (2) Any potential conflicts of interest by members of such board or body or the head of an 
16 

executive agency with similar powers be adequately disclosed. 

We note three relevant considerations for implementing section 128 . 

First, section 128 must be implemented through SIP-approved, federally enforceable provisions . 

Second, subsection 128(a)(1) applies only to states that have a board or body that is composed of 

multiple individuals and that, among its duties, approves permits or enforcement orders under the 

CAA. It does not apply in states that have no such multi-member board or body, and where 

instead a single head of an agency approves permits or enforcement orders under the CAA. 

Third, subsection 128(a)(2), which requires that SIPs contain adequate provisions for disclosure 

of potential conflicts of interest, applies to all states, regardless of whether the state has a multimember board or body that approves permits or enforcement orders under the CAA. 

Maine currently has a multi-member board that approves permits or enforcement orders under 

the CAA. Thus, Maine currently is subject to the requirements of subsection 128(a)(1), as well as 

to the requirements of section 128(a)(2). However, although Maine has conflict of interest 

provisions in Maine's general statutes, they have not been approved by EPA into Maine's SIP . 

On June 13, 2012, Maine submitted a letter to EPA committing to adopt and submit the 

necessary regulation revisions to EPA by a date that is no later than one year from conditional 

approval of Maine's PM2,5 infrastructure submissions . Therefore, we are proposing to 

conditionally approve Maine's submissions with respect to section 110(a)(2)(E)(ii) . 

Finally, with respect to section 110(a)(2)(E)(iii), Maine has not assigned responsibility for 

carrying out portions of the SIP to any local government, agency, or other instrumentality . 

Maine's 110(a) SIPs, therefore, meet the requirements for this element. 

6 . Section 110(a)(2)(F) : Stationary source monitoring system 

This requires states to establish a system to monitor emissions from stationary sources and to 

submit periodic emission reports. 

ME DEP's response to this requirement: The State listed the following provisions to meet this 

element: 

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

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, and (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 
17 

requirements and procedures for such systems, and subsequent record keeping and reporting 

requirements . 

In addition, Maine referred to its regulations implementing its operating permit program pursuant 

to 40 CFR part 70 : 

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

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. 

EPA analysis : EPA has reviewed the above Rules and Regulations and has determined that ME 

DEP's submittals meets the requirements of CAA Section 1 I0(a)(2)(F). The regulations in 

Chapters 115 and 117 have been approved into the Maine SIP (see Appendix). While Chapter 

140 is not formally approved into Maine's SIP, it is a legal mechanism the state can use to assure 

the enforcement of the monitoring requirements approved in the SIP. 

7. Section 110(a)(2)(G) : Emergency power 

This requires states to provide for authority to address activities causing imminent and 

substantial endangerment to public health, including contingency plans to implement the 

emergency episode provisions in their SIPs . 

ME DEP's response to this requirement : The state listed the following provisions to meet this 

element: 

38 MRSA §347-A(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 the 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 . . . . 

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. 

EPA analysis: 

For PMz.5, EPA's guidance dated September 25, 2009 provides clarification that states that have 

air quality control regions identified as either Priority 1, Priority IA or Priority 11 by the 

"Prevention of Air Pollution Emergency Episodes" rules at 40 CFR 5 1 .150 must develop 

emergency episode contingency plans . The guidance recommends that until EPA establishes 

significant harm levels (SHL) for PM2.5, states should establish their own SHL levels based on 
18 

EPA's February 12, 2007 issue paper on setting priority and emergency action levels and also 

consider the recommended levels set forth in Attachment B of the September 25, 2009 guidance. 

States would be required to develop emergency episode plans for any area that has monitored 

and recorded 24-hour PM2.S levels greater than 140.4 gg/m3 since 2006 . A state that has never 

exceeded this level since 2006 is considered to be Priority III in accordance with the guidance, 

may certify that it has appropriate general emergency powers to address PM2.5 -related episodes, 

and is not required to adopt specific emergency episode plans at this time, given the existing 

monitored levels . 

June 30, 2012, Maine submitted a letter to EPA certifying that the state expects to be classified 

as a Priority III region and, therefore, an emergency episode plan for PM2.5 is not required . Airqualit~ monitors in Maine show that PM2,S levels for the past three years are below the 140.5 

~tg/m threshold. Maine has, therefore, met the requirements of CAA Section 110(a)(2)(G) for 

both the 1997 and 2006 standards. 

8 . Section 110(a)(2)(H) : Future SIP revisions 

This requires states to have the authority to revise their SIPs in response to changes in the 

NAAQS, availability of improved methods for attaining NAAQS, or in response to an EPA 

finding that the SIP is substantially inadequate . 

ME DEP's response to this requirement: The State listed the following provisions to meet 

this element: 

38 MRSA §581. Declaration of findings and intent . 

. . . 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 states, in relevant part: 

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 
19 

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 . . . . 

. . . . , and shall explain in a separate section of the basis statement the justification for the 

difference between the agency rule and the federal standard . 

. . . Public notice of the meeting [if necessary for additional public comment] must comply with 

Title 1, section 406 and state that the board will accept additional public comment on the 

proposed rule at that meeting. 

EPA analysis : 

Maine's submittals for both the 1997 and 2006 PM2,5 standards affirm that the SIP may be revised 

should EPA find that the plan is substantially inadequate to attain a standard or to comply with any 

additional requirements under the CAA. Therefore, the state's submittals meet the requirements of 

CAA Section 110(a)(2)(H) . 

9. Section 110(a)(2)(1) : Areas designated nonattainment and meet the applicable 

requirements of Part D. 

As noted above, this action does not address infrastructure elements related to section 

110(a)(2)(1) . 

10. Section 110(a)(2)(J) : Consultation with government officials; Public notification ; an 

PSD and visibility protection 

Section 110(a)(2)(J) requires states to provide a process for consultation with local governments 

and Federal Land Managers carrying out NAAQS implementation requirements pursuant to 

Section 121 relating to consultation . Section 127 requires that the state notify the public of any 

NAAQS exceedences, advise the public of health hazards associated with such pollution, and include 

measures to enhance public awareness of measures that can be taken to prevent exceedances. 

Section 110(a)(2)(J) also requires states to meet applicable requirements of Part C related to (1) 

prevention of significant deterioration, and (2) visibility protection. EPA interprets this section 

110 provision on visibility as not being "triggered" by a new NAAQS because the visibility 

requirements in part C are not changed by a new NAAQS. 

ME DEP's response to this requirement: The State listed the following provisions to meet 

this element: 

38 MRSA §342. Commissioner, Duties 

38 MRSA §342 (1-A). Administration of Department 
20 

38 MRSA §342 (3-A). Negotiating Agreements 

06-096 Chapter 114 Classification of Air Quality Control Regions 

Section 1(E) of this rule states, in relevant part: Prior to the proposal of any redesignation the 

Board shall hold a public hearing which shall be conducted in the area proposed to be 

redesignated . Prior to the public hearing a report shall be made 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 I 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. 

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 . 

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). 

38 MRSA §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 media, 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 groundlevel ozone concentrations by a toll-free ozone information telephone hot line . 
21 

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 provisions for public 

notification in the event of a NAAQS exceedence. Chapter 9 of October 18, 1972 SIP contains 

provisions for intergovernmental cooperation with federal and state government entities . 

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 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 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, 1996, the Chapter 113 Growth Offset 

Regulation which was approved into the SIP on February 14, 1996, and the Chapter 115 Major 

and Minor Source Air Emission License Regulations which were approved into the SIP by EPA 

on February 14, 1996 . 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 . 
22 

EPA analysis : 

Consultation with government officials: EPA finds that Maine's 110(a) submittals meets the 

requirements of CAA Section 110(a)(2)(J) for consultation with government officials. 

Public notification : ME DEP is one of the state partners participating in EPA's AIRNOW and 

Enviroflash Air Quality Alert programs. (See www.airnow.gov) ME DEP's submittals meet the 

requirements of CAA Section 110(a)(2)(J) for public notification. 

PSD: Regarding the requirement in section 110(a)(2)(J) that the SIP meet the applicable 

requirements of part C of title I of the CAA, EPA has evaluated this requirement in the context 

of section 110(a)(2)(C) with respect to permitting (see discussion under (3) of this TSD) . 

The Maine PSD program is established in CMR (Maine Regulations) Chapters 100, 113, 115 

(licensing for minor sources) and 140 (licensing for major sources) . Maine implements its PSD 

program requirements under CMR Chapter 115. This PSD program was approved into the SIP 

on February 14, 1996 (61 FR 5690). Maine has authority to issue PSD permits and enforce them 

under its approved PSD SIP . 

As noted in the discussion of 110(a)(2)(C) above, ME DEP has adopted revisions to its PSD 

permitting program to address GHG emissions, but has not yet submitted these rules to EPA. 

Maine has not completed rulemaking to meet requirements of the two PM2,5 PSD rules (73 FR 

28321 and 75 FR 64864) discussed above, nor of the Phase 2 Ozone Implementation Rule. 

However, Maine is making progress and, on June 13, 2012, Maine submitted a letter to EPA 

committing to adopt and submit the necessary regulation revisions to EPA by a date that is no 

later than one year from conditional approval of Maine's PM2,5 infrastructure submissions. 

Therefore, we are proposing to conditionally approve the state's 110(a) submittals for the portion 

of Section 110(a)(2)(J) that relates to PSD. 

Visibility : With regard to the applicable requirements for visibility protection, EPA recognizes 

that states are subject to visibility and regional haze program requirements under part C of the 

CAA. In the event of the establishment of a new NAAQS, however, the visibility and regional 

haze program requirements under part C do not change. Thus, we find that there is no new 

visibility obligation triggered under section 11 0(a)(2)(J) when a new NAAQS becomes effective . 

Maine submitted a Regional Haze SIP to EPA on December 9, 2010, with supplemental 

submittals on September 14, 2011 and November 9, 2011 . On April 24, 2012, EPA approved 

Maine's Regional Haze SIP for the first planning period from 2008 through 2018. (See 77 FR 

24385.) 

As a result of the above analysis, EPA is proposing to approve Maine's 110(a) submittals as 

meeting the requirements of CAA Section 110(a)(2)(J) for consultation with government 

officials and public notification, and to conditionally approve the submittals for the portion of 

Section 110(a)(2)(J) that relates to PSD. 
23 

11. Section 110(a)(2)(K) : Air quality and modeling/data 

This requires that SIPs provide for performing air-quality modeling for predicting effects on air 

quality of emissions from any NAAQS pollutant and submission of such data to EPA upon 

request. 

ME DEP's response to this requirement: The State listed the following provisions to meet 

this element: 

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

Section 7.A. of Chapter 115: Ambient Air Quality Analysis: requires applicant to provide a 

demonstration that may include air-quality modeling that its emissions will not violate the 

NAAQS or that the source's emissions are consistent with RFP of the SIP. 

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 . 

EPA analysis : EPA previously approved Maine's Chapters 115 and 116 (see Appendix). 

Chapter 115 requires applicants to conduct modeling where necessary for its PSD program. In 

addition, ME DEP may also require air-quality modeling for non-PSD permits. Therefore, ME 

DEP's infrastructure submittals meet the requirements of CAA Section 110(a)(2)(K) . 

12. Section 110(a)(2)(L) : Permitting fees 

This requires SIPs to require each major stationary source to pay permitting fees to cover the cost 

of reviewing, approving, implementing and enforcing a permit, until such time as the SIP fee 

requirement is superseded by EPA's approval of the state's Title V operating permit program. 

ME DEP's response to this requirement: The State listed the following provisions to meet 

this element: 

38 MRSA §353-A. Annual air emissions license fees 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. 

38 MRSA §§ 353-A(lA) states : Annual fee surcharge. Beginning November 1, 1994, a 

licensee shall pay an annual fee surcharge of $10 per every 1,000 air quality units as defined in 
24 

section 582, subsection 11-E. 

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 . 

EPA analysis : EPA's full approval of Maine's title V program became effective on December 

17, 2001 . Before EPA can grant full approval, the state must demonstrate the ability to collect 

adequate fees . On October 23, 1995, Maine submitted a detailed fee demonstration in accordance 

with 40 CFR 70.9 . The detailed fee demonstration was part of EPA's full approval. Maine 

collects adequate fees for Title V sources. The statute also allows the state to collect fees from 

new Title V sources, which meets the requirements of section 110(a)(2)(L) . 

13. Section 110(a)(2)(M) : Consultation/participation by affected local entities 

This requires states to provide for consultation and participation in SIP development by local 

political subdivisions affected by the SIP. 

ME DEP's response to this requirement: The state listed the following provisions to meet this 

element: 

5 MRSA Chapter 375, Subchapter 2 establishes rulemaking requirements for state agencies, 

including public notification procedures . 

38 MRSA §597 Municipal air pollution control: Nothing in this chapter shall be construed as a 

preemption of the field 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 more 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 . 

EPA analysis : Based upon EPA's review of Maine's infrastructure submittals, Maine's public 

participation requirements and procedures fulfill the requirements for consultation with local 

political subdivisions affected by the plans and, therefore, meet the requirements of CAA Section 

110(a)(2)(M) . 

Conclusions and Recommended Agency Action 

EPA's analysis of Maine's infrastructure submittals for the 1997 and 2006 PM2,5 NAAQS 

concludes that Maine's submittals meet the requirements for section 110(a)(2)(B), (C) 
25 

(enforcement program), (E)(i), (E)(iii), (F), (G), (H), (J) (consultation), (J) (public notification), 

(K), (L), and (M). We are also proposing to approve the submittals from Maine as fully meeting 

the infrastructure requirements for prongs 1, 2 and 4 of 110(a)(2)(D)(i) . We recommend that a 

rulemaking be prepared proposing full approval of these elements. 

We are also proposing to conditionally approve the submittals from Maine for the following 

110(a)(2) elements and sub-elements: 110(a)(2)(A), Dii, and E(ii) (state boards and conflict of 

interest provisions), and for sub-elements 110(a)(2)(C), prong 3 of (D)(i), and (J) as they relate to 

the states' PSD programs. However, Maine has committed to addressing the noted deficiencies . 

Therefore, we recommend that a rulemaking be prepared proposing conditional approval of these 

elements. 
26 

Appendix 

EPA-Approved Maine Air Quality Regulations 

for PMZ,5 and Other Air Pollutants 

State Citation Title / Subject State Effective EPA Approval Explanations 

Date Date 

Chapter 1 Regulations for the 05/20/1985 03/23/1993, Portions of Chapter 1 

PDF (6 pp, Processing of 58 FR 15422. 

116K) Applications . 

Chapter 100 Definitions. 12/01/2005 11/21/2007 Revised to add definitions 

PDF (39 pp, 72 FR 65462. associated with SIP submittals 

147K) made between 7/19/95 and 

12/1/05 

[See: Electronic Docket Number 

EPA-R01-OAR-2006-0704 at 

www.reaulations.aov] 

Chapter 101 Visible Emissions. 10/10/1979 02/17/1982, 

PDF (3 pp, 47 FR 6829. 

108K) 

Chapter 102 Open Burning . 03/17/2005 02/21/2008, [See : Electronic Docket Number 

PDF (4 pp, 73 FR 9459. EPA-R01 -OAR-2005-ME-0008 at 

40K) www.regulations.gov] 

Chapter 103 Fuel Burning 01/24/1983 02/26/1985, 

PDF (5 pp, Equipment 50 FR 7770. 

11 3K) Particular Emission 

Standard . 

Chapter 104 Incinerator 01/31/1972 05/31/1972, 

PDF (2 pp, Particulate 37 FR 10842 . 

107K) Emission Standard . 

Chapter 105 General Process 01/31/1972 05/31/1972, 

PDF (3 pp, Source Particulate 37 FR 10842 . 

11 OK) Emission Standard . 

Chapter 106 Low Sulfur Fuel 02/08/1978 01/08/1982, 

(PDF) (2 pp, Regulations. 47 FR 947. 

106K) 

Chapter 107 Sulfur Dioxide 01/31/1972 05/31/1972, 

PDF (2 pp, Emission Standards 37 FR 10842 . 

106K) for Sulfate Pulp 

Mills . 
27 

Chapter 109 Emergency Episode 08/14/1991 01 /12/1995, 

PDF (9 pp, Regulation . 60 FR 2885 . 

124K) 

Chapter 1 10 Ambient Air 07/24/1996 03/22/2004, Adopts PSD increments based on 

PDF (7 pp, Quality Standards. 69 FR 13227 . PM10, in place of increments 

47K) based on TSP. 

[See : Electronic Docket Number 

EPA-1101 -OAR-2004- ME-0001 at 

www.reaulations .aov] 

Chapter 111 Petroleum Liquid 09/27/1989 02/03/1992, 

PDF (4 pp, Storage Vapor 57 FR 3946 . 

112K) Control. 

Chapter 112 Gasoline Bulk 07/19/1995 10/15/1996, 

PDF (5 pp, Terminals . 31 FR 53636. 

114K) 

Chapter 113 Growth Offset 06/22/1994 02/14/1996, Part of New Source Review 

PDF (2 pp, Regulation . 61 FR 5690. Program 

2 K) 

Chapter 114 Classification of Air 04/27/1994 08/30/1995, Revision to Remove Presque Isle 

PDF (8 pp, Quality Control 60 FR 45056. as nonattainment for PM,o. 

122K) Regions . 

Chapter 115 Emission License 06/22/1994 02/14/1996, Part of New Source Review 

PDF (29 pp, Regulation . 61 FR 5690. Program 

158K) 

Chapter 116 Prohibited 10/25/1989 03/23/1993, 

PDF (5 pp, Dispersion 58 FR 15422 . 

116K) Techniques . 

Chapter 117 Source 08/09/1988 03/21/1989, 

PDF (3 pp, Surveillance . 54 FR 11524 . 

109K) 

Chapter 118 Gasoline 07/19/1995 10/15/1996, Stage II vapor recovery 

PDF (13 pp, Dispensing 61 FR 53636 . requirements added . 

126K) Facilities . 

Chapter 119 Motor Vehicle Fuel 06/O1 /2000 03/06/2002, Controls fuel volatility in the state . 

PDF (4 pp, Volatility Limit. 67 FR 10099. 7.8 psi RVP fuel required in 7 

111 K) southern counties . 

Chapter 120 Gasoline Tank 06/22/1994 06/29/1995, 

PDF (6 pp, Trucks. 60 FR 33730. 

116K) 
28 

Chapter 123 Paper Coater 09/27/1989 02/03/1992, The operating permits for S .D . 

PDF (7 pp, Regulation. 57 FR 3946 . Warren of Westbrook, Eastern Fine 

1 19K) Paper of Brewer, and Pioneer 

Plastics of Auburn incorporated by 

reference at 40 CFR § 52 .1020 

(c)(1 1), (c)(1 1), and (c)(18), 

respectively, are withdrawn . 

Chapter 126 Capture Efficiency 05/22/1991 03/22/1993, 

PDF (7 pp, Test Procedures . 58 FR 15281 . 

119K) 

Chapter 126 

Appendix A 

PDF (61 pp, 

467K) 

Chapter 127 New Motor Vehicle 12/31/2000 04/28/2005, Including Basis Statements and 

PDF (13 pp, Emission 70 FR 21959 . Appendix A. Low emission vehicle 

87K) Standards. program, with no ZEV 

requirements. Program achieves 

90% of full LEV benefits . 

[See : Electronic Docket Number 

EPA-RO l -OAR-2004- ME-0004 at 

www.re,gulations .aov] 

Chapter 129 Surface Coating 01/06/1993 06/17/1994, 

PDF (19 pp, Facilities . 59 FR 31154 . 

1 72K) 

Chapter 129 

Appendix A 

PDF (32 pp, 

216K) 

Chapter 130 Solvent Cleaners. 06/17/2004 05/26/2005, [See : Electronic Docket Number 

PDF (24 pp, 70 FR 30367. EPA-ROI-OAR-2004- ME-0005 at 

11 2K) www.regulations .ciov] 

Chapter 131 Cutback and 01/06/1993 06/17/1994, 

(PDF) (3 pp, Emulsified Asphalt. 59 FR 31154. 

1 10K) 

Chapter 132 Graphic Arts : 01/06/1993 06/17/1994, 

(PDF) (15 pp, Rotogravure and 59 FR 31154. 

189K) Flexography . 
29 

Chapter 133 Gasoline Bulk 06/22/1994 06/29/1995, 

PDF (5 pp, Plants . 60 FR 33730. 

113K) 

Chapter 134 Reasonably 02/08/1995 04/18/2000, Regulations fully approved for the 

PDF (11 pp, Available Control 65 FR 20749 . following counties: York, 

122K) Technology for Sagadahoc, Cumberland, 

Facilities that Emit Androscoggin, Kennebec, Knox, 

Volatile Organic Lincoln, Hancock, Waldo, 

Compounds . Aroostock, Franklin, Oxford, and 

Piscataquis . Regulation granted a 

limited approval for Washington, 

Somerset, and Penobscot 

Counties . 

Chapter 137 Emission 07/06/2004 11/21/2007 Revised to incorporate changes 

PDF (8 pp, Statements . 72 FR 65462 . required by EPA's consolidated 

53K) emissions reporting rule . The 

entire rule is approved with the 

exception of HAP and greenhouse 

gas reporting requirements which 

were not included in the state's SIP 

revision request. 

[See : Electronic Docket Number 

EPA-1101 -OAR-2006-0704 at 

www.regulations.gov] 

Chapter 138 Reasonably 08/03/1994 09/09/2002, Affects sources in York, 

PDF (13 pp, Available Control 67 FR 57148. Cumberland, Sagadahoc, 

124K) Technology for Androscoggin, Kennebec, Lincoln, 

Facilities that Emit and Knox counties 

Nitrogen Oxides. 

Chapter 139 Transportation 09/19/2007 02/08/2008, [See : Electronic Docket Number 

PDF (19 pp, Conformity. 73 FR 7465 . EPA-1101 -OAR-2007-1054 at 

78K) www.regulations.gov] 

Chapter 141 Conformity of 04/19/2007 02/20/2008, Amendment to incorporate new 

PDF (1 pg, General Federal 73 FR 9203 . fine particulate matter provisions 

31 K) Actions . 

[See : Electronic Docket Number 

Chapter 141 EPA-1101 -OAR-2007-0633 at 

Supplement - www.regulations.gov] 

Federal 

Register 

11/3011993 
30 

and Federal 

Register 

07/17/2006 

General 

Conformity 

Rule (PDF) (19 

pp, 87K) 

Chapter 145 NOx Control 06/21/2001 03/10/2005 [See : Electronic Docket Number 

PDF (7 pp, Program 70 FR 11879 EPA-1101 -OAR-2005- ME-0001 at 

48K) www.regulations.caov ] 

Chapter 148 Emissions from 07/15/2004 05/26/2005 [See : Electronic Docket Number 

PDF (8 pp, Smaller-Scale 70 FR 30373 EPA-R01 -OAR-2005- ME-0002 at 

57K) Electric Generating www.regulations .gov] 

Resources 

Chapter 151 Architectural and 10/06/2005 03/17/2006 [See : Electronic Docket Number 

PDF (21 pp, Industrial 71 FR 13767 EPA-R01 -OAR-2005- ME-0003 at 

91 K) Maintenance (AIM) www.regulations .gov] 

Coatings 

Chapter 152 Control of 08/19/2004 10/24/2005 [See : Electronic Docket Number 

(PDF) (41 pp, Emissions of 70 FR 61382 EPA-R01-OAR-2005- ME-0004 at 

171 K) Volatile Organic www.regulations .govl 

Compounds from 

Consumer 

Products 

Chapter 153 Mobile Equipment 02/05/2004 05/26/2005 [See : Electronic Docket Number 

PDF (5 pp, 70 FR 30367 EPA-ROI-OAR-2004- ME-0005 at 

45K) www.reaulations .aov] 

Chapter 155 Portable Fuel 07/14/2004 02/07/2005 [See : Electronic Docket Number 

PDF (8 pp, Container Spillage 70 FR 6352 EPA-1101 -OAR-2004- ME-0003 at 

58K) Control www.regulations .gov] 

Vehicle I/M Vehicle Inspection 07/09/1998 01/10/2001, "Maine Motor Vehicle Inspection 

PDF (10 pp, and Maintenance . 66 FR 1871 . Manual," revised in 1998, pages 

118K) 1-12 through 1-14, and page 2- 

14, D.l .g . Also, Authorizing 

legislation effective July 9, 1998 

and entitled L.D. 2223, "An Act to 

Reduce Air Pollution from Motor 

Vehicles and to Meet 

Requirements of the Federal Clean 

Air Act."