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### 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 110(a)(2) From : Alison Simcox, Environmental Scientist W Thru: Anne Arnold, Manager

Air Quality Planning Unit To: Docket for Maine Section 110PM2 .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 ofthe Maine submissions with respect to section 110(a)(2) . B . BACKGROUND Under sections 110(a)(1) and (2) ofthe Clean Air Act (CAA), states are required to submit SIPs that provide for the implementation, maintenance, and enforcement (the infrastructure) of anew or revised NAAQSwithin three years following the promulgation ofthe 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 ofthe NAAQS. EPArefers to the requirements ofsection 110(a)(2)(A)-(C), (D)(ii), (E)-(H), and (J)-(M) as the "infrastructure" SIPs. Additionally, EPA refers to the requirements ofsection 110(a)(2)(D)(i) as the "interstate transport" SIPs. EPA provided separate guidance to states on each type ofSIP, infrastructure and interstate transport, and these actions may be on separate tracks and timelines.1997 and 2006 PM2 .5 NAAQS On July 18, 1997, EPApublished 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 of24-hour concentrations . Thus, states were required to submit "infrastructure" SIPs for the 1997 PM2,SNAAQS to EPAno 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 offailure 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, EPAentered into a consent decree with Earthjustice, which required EPAto complete a Federal Register notice announcing EPA's determinations pursuant to section 110(k)(1)(B) ofthe Act as to whether each state had made complete submissions to meet the requirements ofsection 110(a)(2) for the 1997 PM2 .5 NAAQS by October 5, 2008. On October 17, 2006, EPApublished revised standards for PM (71 FR61144) . For PM2 .5, the annual standard of 15 pg/mwas retained, and the 24-hour standard was revisedto 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) ofthe CAA, 110(a)(2) ("infrastructure") submittals were due within three years of promulgation ofthe 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, EPApublished findings concerning whether states had made the 110(a)(2) submissions for the1997 PM2 .5 standards (73 FR62902) . In the October 2008action, 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, EPApublished 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 EPAis currently acting upon SIPs that address the infrastructure requirements of CAAsection 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 EPAstatements that it was not addressing certain substantive issues in the context ofacting on those infrastructure SIP submissions. Those commenters specifically raised concerns involving provisions in existingSIPs andwith EPA's statements in other proposals that it would address two issues separately

and not as part ofactions on the infrastructure SIP submissions: (i) existing provisions related to excess emissions during periods ofstart-up, shutdown, or malfunction ("SSM") at sources, that may be contrary to the CAAand 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 twoother substantive issues for which EPAstated 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 ofthe CAAand EPA's regulations that pertain to such programs; and (ii) existing provisions for Prevention ofSignificant Deterioration (PSD) programs that may be inconsistent with current requirements of EPA's "Final NSR Improvement Rule," 67 FR80186 (December 31, 2002), as amended by 72 FR 32526 (June 13, 2007) ("NSRReform") . 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 ofthe portion of 110(a)(2)(C) pertaining to a permit programin Part DTitle I of the CAA, 3 of 4prongs 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 Cto prevent significant deterioration (PSD) ofair quality or (prong 4) to protect visibility. To help states meet this statutory requirement, EPAissued guidance on October 2, 2007 entitled "Guidance on SIPElements Required Under Section 110(a)(1) and (2)for the 1997 8-Hour Ozone and PM2

.5 NationalAmbientAir QualityStandards," which listed the basic elements that states must include in their 110(a) SIPs. On September 25, 2009, EPAissued an updated guidance document entitled Guidance on SIP Elements Required Under Sections 110(a)(1) and (2)for the 200624-Hour Fine Particle (PM2,5) NationalAmbientAir QualityStandards (NAAQS), which clarifies expectations for certain elements to meet the requirements ofsections 110(a)(1) and (2) of the CAAfor 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 SUBMITTALSPursuant to the October 2, 2007 EPAguidance for addressing the SIP infrastructure elements

required under sections 110(a)(1) and (2), there are 14components 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 ofcontrol 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 ofsignificant deterioration (PSD) andvisibility protection. Section 110(a)(2)(K) Air quality modeling/submission ofsuch 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, 2008to satisfy the requirements ofsection 110(a)(2) ofthe CAAfor 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 fromMaine as fully meeting the infrastructure requirements for the 1997 and 2006 PM2,5standards 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 fromMaine 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 PSDprogram . 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. EPAhas previously decided that it cantake action on different parts ofan 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.

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. 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 ofthe elements are substantively identical for both the PM2,5 NAAQS . Therefore, unless otherwise noted, the following evaluation ofeach 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 offindings and intent The Legislature finds and declares that air pollution exists with varying degrees ofseverity within this State; that such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property and property values, discourages recreational and other uses ofthe state's resources and is aesthetically unappealing. The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide programto control present and future sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare ofall ofthe citizens ofthe State; protects property values and protects plant and animal life. 38 MRSA§585. Establishment ofemission 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 aregion. 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 ofstandards 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 beenestablished within aregion, 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 fromthe department . 06-096 CMRChapters 100 through 158 include a number of rules addressing the control of particulate emissions. These rules include: 06-096 CMRChapter 100Definitions Regulation 06-096 CMRChapter 101 Visible Emissions Regulation 06-0-96 CMRChapter 102 Open Burning Regulation 06-096 CMRChapter 103 Fuel Burning Equipment Particulate Emission Standard 06-096 CMRChapter 104 Incinerator Particulate Emission Standard 06-096 CMRChapter 105 General Process Source Particulate Emission Standard 06-096 CMRChapter 109Emergency Episode Regulation 

### 06-096 CMR Chapter 110Ambient Air Quality Standards 06-096 CMRChapter 114 Classification ofAir Quality Control Regions 06-096 CMRChapter 115 Major and Minor Source Air Emission License Regulations 06-096 CMRChapter 116 Prohibited Dispersion Techniques 

### 06-096 CMRChapter 117 Source Surveillance 06-096 CMRChapter 121 Emission Testing of Resource Recovery Facilities 06-096 CMRChapter 126 Capture Efficiency Test Procedures 06-096 CMRChapter 137 Emission Statements 06-096 CMRChapter 138 Reasonably Available Control Technology for Facilities that Emit Nitrogen Oxides 06-096 CMRChapter 139Transportation Conformity 06-096 CMRChapter 140 Part 70Air Emission License Regulations 06-096 CMRChapter 141 Conformity ofGeneral Federal Actions 06-096 CMRChapter 143 New Source Performance Standards (NSPS) 06-096 CMRChapter 146 Diesel-Powered Motor Vehicle Emission Standards 06-096 CMRChapter 148 Emissions fromSmaller-Scale Electric Generating Resources EPAanalysis : Section 110(a)(2)(A) requires that all emission limits, control measures and other related matters in the SIPbe enforceable. Many ofthe Maine regulations listed above were previously approved by EPA(see Appendix) . The rules approved in the ME SIPapply a substantial level ofcontrol on PM2 .5 and PM2,5 precursors consistent with the general requirement of CAAsection 110(a)(2)(A) . However, Maine's current ambient air quality standards in Chapter 110are out ofdate and do not reflect the 1997 or 2006 PM2

.5 NAAQS. ME DEPhas recently proposed revisions to Chapter 110to 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 EPAby a date that is no later than oneyear fromconditional 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 ofambient 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 systemwas 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 EPAon July 21, 2011 .] Maine DEPoperates a comprehensive ambient air quality monitoring and data analysis program for all required NAAQSthrough a statewide network ofair quality monitors, and maintains a database on these pollutants that are released fromnew 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 90days of the end ofeach quarter. EPAanalysis: 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 ofany stationary source within the areas covered by the plan as necessary to assure that NAAQS are achieved, including a program to meet PSDand 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 MRSAprovide DEPwith civil and criminal enforcement authorities, including the authority to assess penalties. CMRChapter 100 Definitions and Regulations and CMRChapter 115 Emission License Regulation, contains the regulations for NSR . EPAanalysis: To meet the requirement for having a program for the regulation ofthe modification and construction ofany stationary source within the areas covered by the plan as necessary to assure that NAAQS are achieved, including a permit programas required by part Cand part DoftheCAA, 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 ofaddressing the requirements ofsection 110(a)(2)(A) . NSRand PSDpermitting: As discussed previously, we are not evaluating nonattainment-related provisions, such as the nonattainment NSRprogram required by part Din 110(a)(2)(C) and measures for attainment required by section 110(a)(2)(1), as part ofthe infrastructure SIPs for the 1997 and 2006 PM2,5 NAAQSbecause these submittals are required beyond the date (3 years fromNAAQS promulgation) that section 110 infrastructure submittals are required. PSDprograms apply in areas that are meeting the NAAQSor are unclassifiable (referred to as areas in attainment) . PSDapplies 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 PSDprogram

requirements under CMRChapter 115. This PSDprogramwas approved into the SIP on February 14, 1996 (61 FR 5690) . Maine has authority to issue PSDpermits and enforce themunder its approved PSDSIP . Major Source PM2

.5 PSDrules On May 16, 2008, EPApromulgated the final "Implementation ofthe New Source Review (NSR) Programfor Particulate Matter Less Than 2.5 Micrometers (PM2.5)" (73 FR 28321) . That action established NSRapplicability for PM2 .5 precursor pollutants, established major source thresholds and significant emissions rates for PM2 .5 and its precursors, and laid out a road mapfor states to use in transitioning to addressing condensable particulate matter . Maine is in the process ofadopting rules to meet its obligations for PSDunder the May 2008 PM2,5 rule. Following adoption ofthese rules, the state will submit a SIPrevision to EPAfor 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 FR64864) . That action amended the requirements PM2 .5 under the PSDprogramby 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 NSRrules that regulate the construction and modification ofany major stationary source located in an attainment or unclassifiable area, where the source's emissions may cause or contribute to a violation ofthe NAAQS. In this final rule, states are required to submit revised SIPs to EPAfor approval by July 20, 2012. AlthoughMainewill not meet this deadline, the state is in the process ofadopting rules to meet its

obligations for PSDunder the October 2010 PM2 .5rule. Following adoption ofthese rules, the state will submit a SIP revision to EPAfor approval . Minor Source Permitting: In this action, EPAis 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 programin the SIP that regulates the modification and construction ofany stationary source necessary to assure that the NAAQS are achieved. EPAdid not reevaluate Maine's minor source programat this time and, therefore, is not proposing to approve or disapprove the state's existing minor NSRSIPprogram 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 SIPreview was triggered by the 1997 and 2006 PM2 .5 NAAQS, in order to meet the requirements ofSection 110(a)(2)(C) the state must have an approvable PSDSIPthat properly addresses all regulated air pollutants. On November 29, 2005, EPApromulgated 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, PSDdoes not apply to ozone because the entire state is part ofthe Ozone Transport Region as provided for in section 184(a) of the Act, and nonattainment NSRapplies to ozone instead. However, on February 3, 2006, EPAapproved Maine's request for an exemption fromthe requirements for NOx control contained in section 182(f) ofthe Clean Air Act for certain parts of northern Maine. (71 FR5791) . Specifically, the area includes Aroostook, Franklin, Oxford, Penobscot, Piscataquis, Somerset, Washington, and portions of Hancock and WaldoCounties. Althoughthis "NOx waiver area" is part ofthe Ozone Transport Region, the waiver area itself is designated unclassifiable/attainment for the 1997 8-hour ozone standard. (70 FR49528) . As a result of EPA's grant ofthe NOxwaiver, nonattainment area NSRdoes not apply to NOx emissions associated with major new sources and major modifications in the waiver area. Rather, PSDreview applies to major new

sources and major modifications with significant emissions ofNOx. Maine's current PSDregulations do not properly account for NOx as a precursor to ozone as required by the Phase 2 Ozone Implementation Rule as codified at 40CFR51 .166(b)(1)(ii), (b)(2)(ii), (b)(23)(i), and (b)(49)(i)(a) . ME DEP is in the process ofadopting rules to meet its obligations for PSDunder the Phase 2 Ozone Implementation Rule. Following adoption ofthese rules, the state will submit a SIPrevision to EPAfor approval . Greenhouse Gas (GHG) PSDPermitting:10

On June 3, 2010, EPApromulgated the final "Prevention ofSignificant Deterioration and Title V Greenhouse Gas Tailoring Rule" (75 FR31514) . This rule, known as "the Tailoring Rule" established thresholds that phase in the applicability of PSDrequirements to GHGsources, starting with the largest GHGemitters, and was designed to relieve the overwhelming administrative burdens and costs associated with the dramatic increase in permitting burden that would have resulted fromapplying PSDrequirements to GHGemission increases at or above the mass-based statutory thresholds of 100or 250tons per year generally applicable to all PSDregulated pollutants starting on January 2, 2011 . However, EPArecognized that even after it finalized the Tailoring Rule, many SIPs with approved PSDprograms would, until they were revised, continue to apply PSDat the statutory thresholds, even though the states would not have sufficient resources to implement the PSDprogram at those levels. Consequently, on December 30, 2010, EPApromulgated the final "Limitation ofApproval of Prevention ofSignificant Deterioration Provisions Concerning Greenhouse Gas EmittingSources in State Implementation Plans" (75 FR 82536), which narrowed EPA's approval of previously approved SIPs that apply PSDto GHGemissions increases from sources emitting GHGs below

the Tailoring Rule thresholds. This "narrowing rule" allowed EPAto withdraw its previous approvals ofstate programs to the extent that the SIPs applied PSDto increases in GHG emissions fromGHG-emitting sources below the Tailoring Rule thresholds. Portions ofthe PSD programs regulating GHGs fromGHG-emitting sources with emission increases at or above the Tailoring Rule thresholds remained approved. The effect of EPAnarrowing its approval in this manner is that the provisions ofpreviously approved SIPs that apply PSDto GHGemissions 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 . EPApreviously noted that there was a deficiency in Maine's PSDprogram because the state does not have adequate resources to implement the PSDpermitting programwith respect to GHG emissions. (See 75 FR82536, December 30, 2010) . ME DEPhas 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, EPAissued a SIP error correction withdrawing EPA's approval of Maine's PSDprogramto the extent it applies to increases in GHGemissions below the thresholds in EPA's tailoring rule revisions to the federal PSDprogramin the so-called "narrowing rule." On June 13, 2012, Maine submitted a letter to EPAstating that in evaluating its section 110 infrastructure submittal, EPAshould consider the state's PSDprogramas 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 ofthe two PM2 .5 PSDrules (73 FR28321 and 75 FR 64864) and the Phase 2 Ozone Implementation Rule (70FR 70612) discussed above, we are proposing to conditionally approve Maine's 110(a) submittals with respect to CAAsection 110(a)(2)(C) for the 1997 and 2006 PM2 .5 NAAQS. On June 13, 2012, Maine submitted a letter to EPAcommitting to adopt and submit the necessary regulation revisions to EPA by a date that is no later than one year fromconditional approval of Maine's PM2,5infrastructure submissions. EPAconcludes that Maine has SIP-approved regulations that include programs for enforcement,

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

that meets requirements ofthe three major-source PSDrules 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, EPAhas 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 Cto prevent significant deterioration ofair 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 ofthe 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. EPAhas previously decided that it can take action on different parts ofan infrastructure SIP for a given NAAQSwithout taking concurrent action on all subsections. For some states, EPA is taking administrative actions onthe 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 addendumdatedJune 1, 2011, the state listed the following provisions to meet components of 110(a)(2)(D) : Revisions to the Maine State Implementation Plan addressing the Interstate Air Pollution Transport 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 ofambient increments -- Class I regions 06-096 CMRChapter 114 . Classification ofAir Quality Control Regions

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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 CMRChapter 115 Major and Minor Source Air Emission License Regulations Maine's PSDregulations require the owner ofany proposed new major source or major modification to demonstrate that any increased emissions fromaproposed facility or expansion would not significantly deteriorate air quality, regardless ofwhere these emissions may travel . Proposed facilities subject to Maine's PSDlicensing 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 ofthe effects of new sources on thevisibility values of Federal Class I areas. Chapter 115 ofthe Department's regulations requires owners and operators ofall new major stationary sources or major modifications 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 consist ofa Level I or Level 11 visibility screening analysis, or a more refined visibility modeling review thatwould involve the use oftools 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 reviewing these analyses. This provision of Maine's NSRregulations essentially prohibits the permitting ofa major stationary source or major modification that may significantly degrade visibility in a federal Class I area. The NSRprogram

in Maine is implemented through the Chapter 100 Definitions Regulation whichwas 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 FR5694), and the Chapter 115 Major and Minor Source Air Emission License Regulations whichwere approved into the SIPby EPA on February 14, 1996 (61 FR5694) . Although these rules have been amended several times since being incorporated into the SIP, these revisions did not change any ofthe 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 EPAon 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 ofthe 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 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 70Air Emission License Regulations.

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EPAanalysis : On June 30, 2012, Maine submitted a letter to EPAcertifying that it is not contributing significantly to nonattainment or interfering with maintenance ofthe 1997 or 2006 PM2 .5 NAAQS in any other state. EPAagrees and has conducted modeling for the Clean Air Interstate Rule (CAIR) (70 FR25162) and for the Cross State Air Pollution Rule (CSAPR) (76 FR48208) 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 fromemitting pollutants that will interfere with measures required to prevent significant deterioration ofair 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 PM2,5National Ambient Air Quality Standards." The 2006 guidance states that the PSD permitting programis the primary measure that each state must include to prevent interference with other State's programs to prevent significant deterioration ofair quality in accordance with section 110(a)(2)(D)(i)(II) . As discussed under (3) ofthis TSDon section 110(a)(2)(C), the state's SIP-approved PSD programdoes not yet meet requirements ofthe most recent federal PSDrules for implementing the PMZ,5NAAQS 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 SIPto EPAon December 9, 2010, with supplemental submittals on September 14, 2011 and November 9, 2011 . On April 24, 2012, EPAapproved Maine's Regional Haze SIP for the first planning period from2008through 2018. (See 77 FR24385.) Regarding Section 110(a)(2)(D)(ii), which relates to interstate and international pollution abatement, Maine's PSDregulations, which EPAapproved in 1996 (61 FR5690), provide for notice to various parties consistent with the requirements in the EPAPSDprogram 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) ofthe 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 140Part 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 EPAcommitting to adopt and submit the necessary regulation revisions to EPAby a date that is no later than one year fromconditional approval of Maine's PM2,5infrastructure 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 offederal or state law fromcarrying out the SIPor 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 ofany SIP provision, the state has responsibility for ensuring adequate implementation ofsuch 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 ofthe air, water and land and preserve, improve and prevent diminution ofthe natural environment ofthe 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 ofthe Board of Environmental Protection, inthe laws administered by the department called "board," and ofa Commissioner of Environmental Protection, in the laws administered by the department called "commissioner." 3. Commissioner . The commissioner is appointed by the Governor, subject to reviewby the joint standing committee of the Legislature havingjurisdiction over natural resource matters and to confirmation by the Legislature. 4 . Licenses and permits. For purposes ofthis Title, licenses or permits issued by the department may be issued by either the commissioner or the board subject to the provisions ofsection 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 ofany 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, aproposed rule or provision ofa 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 ofthe basis statement thejustification 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 ofdepartment . 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 staffofthe department are promptly rendered. The commissioner shall resolve disputes between department staffand 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 ofthe circumstances of the issue and may utilize the services ofsuch consultants or experts as the commissioner determines would be helpful to resolve any disputed issue. For purposes ofthis subsection and section 341-A, subsection 3, paragraph C, staffofthe department does not include staffofthe board. 38 MRSA §581 . Declaration offindings and intent :

. . . The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide program to control present and future sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner 

### that reasonably insures the continued health, safety and general welfare ofall ofthe citizens of the State; protects property values and protects plant and animal life. . . . Chapter 8of Maine's initial SIP, documenting the existence ofadequate resources was approved on October 28, 1972. For FY 2007, the Bureau ofAir Quality had a staff of 59, and a budget of $5.5 million. EPAanalysis: Maine's 38 MRSA §341-A provides adequate authority for the State of Maine to carry out its SIPobligations with respect to the 1997 and 2006 PM2 .5 NAAQS. The State receives sections 103 and 105 grant funds through its Performance Partnership Grant alongwith required state matching funds to provide funding necessary to carry out Maine's SIPrequirements. 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 ofa 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 whorepresent the public interest and do not derive any significant portion oftheir income frompersons subject to permits or enforcement orders under [this Act], and (2) Any potential conflicts of interest by members ofsuch board or body or the head ofan16

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 ofan 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 ofwhether 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 ofsubsection 128(a)(1), as well as to the requirements ofsection 128(a)(2) . However, although Maine has conflict of interest provisions in Maine's general statutes, they have not been approved by EPAinto Maine's SIP. On June 13, 2012, Maine submitted a letter to EPAcommitting to adopt and submit the necessary regulation revisions to EPAby a date that is no later than oneyear fromconditional approval of Maine's PM2,5infrastructure 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 SIPto 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 systemto monitor emissions fromstationary 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 CMRChapter 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 ofall required monitoring and analysis procedures or test methods required under the requirements applicable to the source, (b) a description ofall recordkeeping requirements, and (c) a description ofall reporting requirements. 06-096 CMRChapter 117 Source Surveillance This regulation specifies whichair 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 CFRpart 70: 06-096 CMRChapter 140 Part 70 Air Emission License Regulations This regulation identifies the sources ofair emissions that require a Part 70air emission license and incorporates the requirements ofTitle IVand Title Vofthe 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 70air emission license. EPAanalysis: EPAhas reviewed the above Rules and Regulations and has determined that ME DEP's submittals meets the requirements of CAASection 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 aviolation of the laws or regulations the department administers or of the terms or conditions ofany ofthe 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 CMRChapter 109 Emergency Regulations. This rule is intended to prevent air pollution fromreaching levels that would cause imminent and substantial harm to the health of persons, by restricting emissions during periods ofair pollution emergencies. EPAanalysis: 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 ofAir Pollution Emergency Episodes" rules at 40 CFR 5 1 .150 must develop emergency episode contingency plans. The guidance recommends that until EPAestablishes significant harmlevels (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 Bofthe September 25, 2009 guidance. States would be required to developemergency episode plans for any area that has monitored and recorded 24-hour PM2 .S levels greater than 140 .4 gg/m3since 2006. Astate 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 EPAcertifying 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 CAASection 110(a)(2)(G) for both the 1997 and 2006 standards. 8. Section 110(a)(2)(H) : Future SIPrevisions 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 offindings and intent .

. . . The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide program to control present and future sources ofemission ofair contaminants to the end that air polluting activities ofevery type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare ofall ofthe 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 ofany person to damage or other relief on account of injury to persons or property due to violation ofair quality standards or emission standards and to maintain any action or other appropriate procedure therefore; nor to so affect the powers ofthe 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 ofany 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 ofthe basis statement thejustification for the difference between the agency rule and the federal standard.

. . . Public notice of the meeting [ifnecessary for additional public comment] must comply with Title 1, section 406and state that the boardwill accept additional public comment on the proposed rule at that meeting. EPAanalysis: Maine's submittals for both the 1997 and 2006 PM2,5standards affirmthat the SIP may be revised should EPAfind 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 CAASection 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 PSDandvisibility 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 ofany NAAQSexceedences, 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 Crelated 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 NAAQSbecause the visibility requirements in part Care 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 Department20

38 MRSA §342 (3-A) . NegotiatingAgreements 06-096Chapter 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 apublic 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 ofhealth, environmental, economic, social and energy impacts ofthe 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 CFR51 .24 (g) shall be followed 06-096 CMRChapter 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 100ofthe Department's regulations, and the Indian governing body ofany reservation located within 50 km ofany 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 CMRChapter 139Transportation Conformity. 06-096 CMRChapter 139establishes a consultation process between federal state and local entities for the purpose of implementing section 176(c)(4)(E) ofthe CAAwith respect to the conformity of transportation plans, programs, and projects which are developed, funded, or approved by the United States Department ofTransportation (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 ofwarnings 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 PartnershipAgreement Chapter 4of Maine's initial SIP, approved on October 18, 1972, contains provisions for public notification in the event ofa NAAQS exceedence. Chapter 9of October 18, 1972 SIP contains provisions for intergovernmental cooperationwith federal and state government entities. 38 MRSA§584-B

. Establishment ofambient increments -- Class I regions 06-096 CMRChapter 114 . Classification ofAir 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 CMRChapter 115 Major and Minor Source Air Emission License Regulations Maine's PSDregulations require the owner ofany proposed new major source or major modification to demonstrate that any increased emissions froma proposed facility or expansion would not significantly deteriorate air quality, regardless ofwhere these emissions may travel . Proposed facilities subject to Maine's PSDlicensing 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 thevisibility values of Federal Class I areas. Chapter 115 ofthe Department's regulations requires owners and operators ofall new major stationary sources or major modifications 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 consist ofa Level I or Level II visibility screening analysis, or a more refined visibility modeling review that would involve the use oftools 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 reviewing these analyses. This provision of Maine's NSRregulations essentially prohibits the permitting ofa major stationary source or major modification that may significantly degrade visibility in a federal Class I area. The NSRprogram

in Maine is implemented through the Chapter 100Definitions Regulation which was approved into the SIPon October 15, 1996, the Chapter 113 Growth Offset Regulation whichwas approved into the SIP on February 14, 1996, and the Chapter 115 Major and Minor Source Air Emission License Regulations whichwere approved into the SIPby 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

EPAanalysis : Consultation with government officials: EPAfinds that Maine's 110(a) submittals meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. Public notification: ME DEP is one ofthe 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 CAASection 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 Coftitle I of the CAA, EPAhas evaluated this requirement in the context ofsection 110(a)(2)(C) with respect to permitting (see discussion under (3) ofthis TSD) . The Maine PSDprogramis 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 CMRChapter 115 . This PSDprogramwas approved into the SIP on February 14, 1996 (61 FR 5690) . Maine has authority to issue PSDpermits and enforce them under its approved PSDSIP. As noted in the discussion of 110(a)(2)(C) above, ME DEP has adopted revisions to its PSD permitting program

to address GHGemissions, but has not yet submitted these rules to EPA . Maine has not completed rulemaking to meet requirements of the two PM2,5 PSDrules (73 FR 28321 and 75 FR 64864) discussed above, nor ofthe 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 EPAby a date that is no later than one year fromconditional approval of Maine's PM2,5infrastructure submissions. Therefore, we are proposing to conditionally approve the state's 110(a) submittals for the portion ofSection 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 Cofthe CAA . In the event of the establishment of anew NAAQS, however, the visibility and regional haze program

requirements under part Cdo not change. Thus, we find that there is no new visibility obligationtriggered under section 110(a)(2)(J) when a new NAAQSbecomes effective. Maine submitted a Regional Haze SIPto EPAon December 9, 2010, with supplemental submittals on September 14, 2011 and November 9, 2011 . On April 24, 2012, EPAapproved Maine's Regional Haze SIP for the first planning period from2008 through 2018. (See 77 FR 24385 .) As a result ofthe above analysis, EPA is proposing to approve Maine's 110(a) submittals as meeting the requirements of CAASection 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 ofemissions fromany NAAQS pollutant and submission ofsuch data to EPAupon request. ME DEP's response to this requirement: The State listed the following provisions to meet this element: 06-096 CMRChapter 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 RFPof 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 CMRChapter 140Part 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. EPAanalysis: EPApreviously approved Maine's Chapters 115 and 116 (see Appendix) . Chapter 115 requires applicants to conduct modeling where necessary for its PSDprogram . In addition, ME DEP may also require air-quality modeling for non-PSD permits. Therefore, ME DEP's infrastructure submittals meet the requirements of CAASection 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 Voperating 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 ofthis section, a licensee must pay an annual fee assessed on the sum ofall licensed allowable air pollutants, except for carbon monoxide. 38 MRSA §§ 353-A(lA) states: Annual fee surcharge. BeginningNovember 1, 1994, a licensee shall pay an annual fee surcharge of $10per every 1,000 air quality units as defined in24

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 andthe maximum and minimum

fees set forth in subsection 4on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. EPAanalysis: EPA's full approval of Maine's title Vprogrambecame effective on December 17, 2001 . Before EPAcan 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 CFR70.9. The detailed fee demonstration was part of EPA's full approval . Maine collects adequate fees for Title Vsources. The statute also allows the state to collect fees from new Title Vsources, which meets the requirements ofsection 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 ofthe field ofair pollution study and control on the part ofthe 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 9of Maine's initial SIP, which was approved on October 28, 1972, contains intergovernmental cooperation provisions. EPAanalysis: 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 CAASection 110(a)(2)(M) . Conclusions and Recommended Agency Action EPA's analysis of Maine's infrastructure submittals for the 1997 and 2006 PM2,5NAAQS 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 fromMaine 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 ofthese elements. We are also proposing to conditionally approve the submittals fromMaine 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' PSDprograms. However, Maine has committed to addressing the noted deficiencies. Therefore, we recommend that a rulemaking be prepared proposing conditional approval ofthese 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-0008at 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.

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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 2K) 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)

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Chapter 123 Paper Coater 09/27/1989 02/03/1992, The operating permits for S.D. PDF (7 pp, Regulation. 57 FR 3946. Warren ofWestbrook, 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 NewMotor Vehicle 12/31/2000 04/28/2005, Including Basis Statements and PDF (13 pp, Emission 70 FR 21959. Appendix A. Lowemission vehicle 87K) Standards. program, with no ZEV requirements. Programachieves 90%of full LEV benefits . [See: Electronic Docket Number EPA-ROl -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 11/301199330

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 effectiveJuly 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."