STATE OF MAINE 

# • DEPARTMENT OF ENVIRONMENTAL PROTE CTION

PAUL R LEPAGE GOVERNOR


### August 21,2012
David Conroy, Chief 

### Air Programs Branch U.S
. EPA Region I

-NE 5 Post Office Square Mail Code: OEP 05-2 Boston, Ma. 021 09

- 3912 Dear 

### Mr. Conroy: PATRICIA W. AHO COI\AMISSIOHt:R



### Enclosed please find for your approval and inclusion into Maine's State Implementation Plan (SIP), amendments to the Chapter 110 Ambient Air Quality Standards rule. A public comment period was held from May 23, 2012 until June 22, 2012 in accordance with federal and state administrative requirements. Public notice ofthe hearing was puolishea w 

### newspapers statewide on May 23, 2012. The Department did not receive any substantive comments on its proposal, and adopted the amended Chapter 110 on July 19,2012. The following administrative materials are enclosed: 1. Memorandum to the Commissioner, Maine Department ofEnvironmental Protection requesting a public comment period dated March 14, 2012; 2. Copy ofthe public notice that appeared in the
.newspapers statewide on May 23, 2012; 3. Memorandum to the Commissioner, Maine Department of Environmental Protection requesting adoption ofthe rule, dated June 28, 2012; 4. Chapter 110 Ambient Air Quality Standards as adopted 

### by the Department on July 19, 2012 with an effective date ofAugust 6, 2012; and

AUGUSTA**7** STATE !lOUSE STATION

UGUSTA, MAINE 04333·00 17 ( 07) 287.7688 FAX: (207) 287-7826 RAY BLDG
. , IIOSPITAl ST.**w~b** site: www.maine.gov/dep BANGOR 106 HOGAN ROAD, SUITE 6 BANGOR, MAINE 04401 (207) 941·4S70 I'AX: (207) 941-4584 PORTLAND 312 CANCO ROAD PORTLAND, MAINE 04103 (207) 822-6300 PAX: (207) 822·6303 PRESQUE ISLE 1235 CENTRAL DRIVE, SKYWAY PARK PRESQUE ISLE, MAINE 04679

- 2094 (207) 764·0477 FAX: (207) 760·3143

### 5
. MAPA I form for Chapter 129 which provides certification by the Commissioner that a public comment period was held; the Department lawfully adopted this rule on July 19, 2012 and certification that the Attorney General approved the rule as to form and legality. The Department will also be submitting exact electronic copies (pdf) of all enclosed materials. Should you have any questions, please contact Jeffrey Crawford at (207) 287-2437. Sincerely,

# h~**f'~~** Melanie Loyzim, Director Bureau ofAir Quality En closures
cc: 

### Anne Arnold Patricia Aho w/o encl Jeff Crawford w/o encl SIP file



### 2Briefmg Document to Commi ssioner Date:3/ l4/12 

### Commissioners Public Hearing Briefing Memo AGENCY: Department of Environmental Protection NAME , ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON : JeffS
. Crawford Department of Environmental Protection 17 State House Station Augusta , ME 04333-0017 207-287-7028 Email: jeff.s .crawf o rd @ maine.gov 

### CHAPTER NAMES AND RULE TITLES : Chapter 110 Ambient Air Quality Standards STATUTORY AUTHORITY: These routine technical rule s are being adopted under the Department's general rulemaking authority at 3 8 MRSA Section 585-A. which states that the Board o f Environmental Protection " may establish and amend regulations to imp lement ambient a ir quality standards and emission standards. These regu lations shall be designed to achieve and maintain ambient air quality standards and emission standards within any regio n and prevent air pollution." 

### In addition , statute at 3 8 MRSA Section 584-A sta tes : · 'For purposes o f statutory interpretation, rules, licensing determinations, policy guidance and all other actions by the department or the board, any reference to an ambient air quality standard is interpreted to refer to the national ambient air quality standard established pursuant to Section 109 of the federal C lean Air Act, 42 United States Code, Section 7409, as amended. The department s hall implement ambient air quality standards as required by the federal Clean Air Act, 42 U

nited States Code, Section 7409 and regulations promulgated under that section by the United States Envir o nmental Pro tection Agency. Nothing in this section may be construed to limit the authori ty of the department to adopt emission standards designed to achieve and maintain ambient air quality standards." The proposed amendments to C hapter 1 I0 arc requ ired pursuant to the 1990 Clea n Air Act Amendments (CAAA) and federal regulations. 

### PROPOSED DATE AND PLACE OF PUBLIC HEARING : TBD 30-day public comment period- no hearing to be scheduled 

### PROPOSED PUBLICATION DATE: XX. PROPOSED COMMENT DEADLINE: XX. DID YOU CONSIDER ALTERNATIVE PATHS TO RULEMAKTNG: This rule is required pursuant to Sections llO(a)(l) and (2), and Section 160 et seq. ofthe CAAA
.. 

### PRINCIPAL REASON OR PURPOSE FOR PROPOSING TillS RULE: The se amendments will update Cha pter 110 to explicitly incorporate the national ambient air quality standards (NAAQS) and ambient increments for prevention of significant deterioration (PSD). Although statute at 38 MRSA Section 584-A refers to the national ambient air quality standards as estab lished by Section I09 of the CAAA. Chapter 1l 0 must be amended to reflect the current NAAQS since statute cannot incorporate by reference. In additio n to the explicit establishment o f the NAAQS, the proposed amendments will al so updat e the ambient increments to establish an increment for PM2.5 , and repeal the state standard for chromium (there is no NAAQS for chromium or chromium compounds).

8120/20 1 2 Commi ssioner l:lrie{jng memo- Proposed Rulemaking**T~mplatc.doc**Briefing Document to Commissioner Date:3/ 1 4/12 

### BACKGROUND AND IMPORTANT INFORMATION :
• List possible Opponents and Proponents: Since these standards and requirements are already contained in federal law and regulations, the Department does not anticipate any opponents to this proposal. Explicitly including these standards and requirements in state regulations may be helpful to licensed sources andl other persons.
• Direct and Immediate threat to public health, safety and/or welfare: The proposed amendments will codify the federal NAAQS and PSD incrments into state regulations, thereby clarifying state and federal requinnents and facilitating the pennitting process.
• Factual and Policy Justification and/or issues: The amendments to Chapter 110 are required to satisfy CAA Section 1 1O(a)(l) and (2) infrastructure requirements and Prevention of Significant Deterioration (PSD) requirements under CAA Section I 

### 60 et seq . . The Department has been implementing these requirements since they are already required under federal laws/regulations; the proposed amendments are int ended to update Maine regulations to match these federal requirements.
• Federal law consistency 

### (If different explain): This regulation is consistent with federal law.
• Is this rule the result of stakeholder work? (What was the consensus): No. Staff sol icited and incorporated comments on its working drafts from the U.S. EPA. FISCAL IMP ACT OF THE RULE: (if no please explain why) (5 M.R.S.A. §8063-A and §8052

- SA)
• Fiscal Impact to Small Business, Regulated Community and Municipalities : This proposal will not have a fiscal impact on sma ll business, the regulated community or municipalities that is above and beyond existing federal requirements . • Fiscal Impact to State Government (Department or other agencies): This proposal will not have a fiscal impact on state government
• Benefit Cost Analysis (extent permitted by existing budgeted resources (LD 1 

### Part B)) (When conducting benefit and cost analysis consider significance of the impact, the larger the impact the more in depth the analysis needs to be): The Department did not undertake a fonnal benefit cost analysis on this proposal since it does not establish additional regulatory requirements above and beyond those already contained in Maine Sta tute s or federal laws and regulations.
• Other Fiscal issues which should be considered: Note: Please attach copies of proposed rules.

8/20/2012 C ommissioot:r Briding memo - Proposed Rulemaking Templat e.doc

### May 23, 2012 Rule-making 1--r 

### ' ;ce - State ofMaine, USA

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# C ommission STAn OF l'rLWCE .l::tsl.m..c I Contact Us I Online Services I Publications I**~ ~**  > Weekl y Rule-makjng Notices > May 23, 2012 M ay 23, 2012 WE E K LY NOTICES O F STATE R UL E- M A K I N G P ub lic Inpu t f o r P ro p osed and Ad opted R ules 

### Page 1 of 4

State Search: GO!



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Notices are published each Wednesday to a lert the public regarding state agency rule- making. You may obtain a copy of any ru l e by notifying t he agency contact person. You may also comment on t h e rule , and/or attend the public hearing. If no hearing is sc hedu led, you may req uest one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days p ri or to it. Petiti o n s: you can petition an agency to adopt, ame n d, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter ru l e-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislati ve Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615} will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "
...any person who may be directly, substantially and adversely affected by the application of a rule
... " (Title 5 Section 11112}. World-Wide W e b: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the Internet a . t: htto://www .maine.gov/sos/cec/ rules. The re is also a list of rule-making liaisons, who are single points of contact for each agency. PROPOS A LS AGE NCY: 04- 06 1 - Department Of Conservation (DOC}, Mai n e Land Use Regu lat ion Commissio n ( L URC) CHAPTER NUMBER AND TITLE: Ch
. 1 0 , Land Use Districts and Standa rds PROPOSED RULE NUMBER: 2012- P 89 CONTACT PERSON FOR THIS FlUNG /SMAU BUSINESS INFORMATION: Hugh Coxe , Maine Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Ma ine 04333-0022. Telephone: (207) 287 - 2662. TTY: (888) 577-6690. E-mail: Hu qh.Coxe@Mai ne.gov . PUBLIC HEARING: None COM MENT DEADLINE: June 22, 2012 BRIEF SU MMA RY: Ch. 10 rules establ i sh land use sta n dards for lands u nder the j urisdiction of the La n d Use Regu l ation Comm ission
. The goa l of this rule - making is to reduce the regulato ry burden on applicants and reduce staff t i me and paperwork for small projects with littl e or no i mpact. These rule changes will a ll ow the construction of accessory structures less than 750 square feet in size in certain subdistricts without a permit subject to certain standards and conditions. DETAILED BASIS STATEMENT I SU MMARY: Ch. 10, Land Use D istricts and Standards, adopted In accordance with 12 MRSA §206-A, contains the rules of the Maine Land Use Regulation Commission including standards that set out the land uses and activities allowed in the various subdistricts of the Commission's jurisdiction. In an effort to reduce the regulatory burden on applicants and reduce staff t i me and paperwork for small projects with little or no impact, the Land Use Regulation Commission proposes changes to Ch. 10 to revise current language allowing "accessory structures# without a permit subject to standards in certain subdistricts, and add "accessory structures# to the list of uses allowed without a permit subject to standards In other subdistricts. Currently, Ch. 10 allows accessory structures less than 500 square feet in size to be constructed without a permit in most development subdistricts, but not I n management or protectio n subdistricts. The proposed changes would increase the size a ll owed in these development subdistricts from 500 square feet to 750 square feet, and also allow accessory structures without a pe r m it subject to standards in t h e Gene ral Management and Great Pond Protection subdistri cts. St a n dards and condit ions are proposed as part of the changes to cl a rify I n what situations these structures are allowed without a permit. The proposed change replaces current accessory structure language In "Uses Allowed without a Permit Subject to Standards" in most development subdistricts with the following: Accessory structures: New or expanded structures accessory to any legally existing principal str uctures and uses, provided that the total square footage of the footprint of all new or expanded accessory structures built on a lot w ithin a two (2) year period is not more than 750 square feet and all other requirements and standards of Section 10.27,P are met; The development subdistricts proposed for language replacement are: * Commercial Industrial Development Subdistrict (D-CI) -Section 10.21,A,3,b,1 * Extended Settlement Subdistrict (D -ES ) -Section 10.21,B,3,b,1 * General Development Subdistrict (D-GN) - 10.21,C,3,b,l * Community Center Development Subdistr ict (D-GN2) - 10.21,D,3,b,l *Rural Sett l ement Development Subdistrict (D-GN3)- 10.21,E,3,b,1 * Residential Development Subdistrict (D-RS) - 10.21,H,3,b,1 

### http: // www.maine.gov /sos/cec/rules/notices/20 12 /052312.html 6/27/2012

### May 23, 2012 Rule-making N '**;~e-State** 

### ofMaine, USA
* Community Residentia l Devel opment Subdistrict (D-RS2) - 10.21,1,3,b,1 * Residential Recreation Development Subdist rict (D- RS3) - 10.21,J,3,b,1 

### Page 2 of4

The proposed change also adds this language to the list of**~uses** Allowed Without a Permit Subject t o Standards " in the General Management (Section 10.22,A,3, b,1) and Great Pond Protection (Section 10.23,E,3,b,1) subdistricts
. The proposed change adds a Section 10
. 27,P t o Ch. 10, which sets forth t he con ditions that need t o be met for a proposed accessory structu re to be cons tructed w i thout a permi t. Ali new or expanded accessory structures allo wed without a permit subject to standards mu st meet the follo wing condit ions: 1. Be accessory to a lega lly exist ing principal structure and use ; 2. Meet the definiti on of accessory structure in Section 1 0.02,1; 3. Conform with the Gene ral Criteria for Approval i n Section 10.24; 4. M eet t he development standards in Sections 10
. 25 and the activity speci fic standa rds In Section 10.27, as applicabl e; 5. Meet all of the applicable dimensional requirements in Section 10.26, D-F; 6. Have u· nfinished interiors and not be used for human habitation; 7. Have no in terna l plumbing and not be supplied w ith water other than for a hose bib (exterior hose faucet); 8. Not be used for a home occupation; 9. Not be located in a flood prone area as defined in Section 10.02 and described in Section 10.23,C; 10. Neither use i n construction nor produce any hazardous or toxic materials or substances; 11. Be cons istent with the use ofthe principal st r ucture and not add a new acti v ity to those currently permitted at the site or facility; a nd 12. Not cause the total development on a property to exceed any gross floor area li m itation rel ated to t he type of use . A co py of the above p roposed ru l e cha nges may be view ed at th e Co mmission's main offi ce at 18 Elkins Lane, Harlow Bu ilding, Augusta, M a in e or may be down l oaded f rom the agency's we b s ite at www,maln e.gov/doc/lurc
. To view the pro posed rule ch ang es at the Augusta office, p leas e call the office in adva nce at (207) 287-2631. I MPACT ON M UNICIPALITIES OR COUNTIES: Non e ST

ATUTORY AUTHORITY : 12 MRSA §684; §685-A,3, 7- A, and 8-B; and §685 - C, 5 SUBSTANTIVE STATE OR FEDERAL LAW BEING I MPLEMENTED (if different): WEBSITE: http://www,mame.gov/doc/lurc/index.shtml
. DOC RULE-MAKING UAISON: Dan
. Burke@Maine.gov.

AGENCY: 09-137- Department of Inland Fisherie s and Wildlife (IFW) CHAPTER NUMB E R AN D TITLE: Ch. 4, Hunting and T rapping : 4.06, Wild Turkey Hunting Season PROPOSED RULE NUM BER: 2012-P90 CO NTACT PERSO N I AGENCY UAISO N: Becky Orff, Inland Fi sheries & Wildlife, 284 State Street, #41 State House Station, Au g usta, ME 04333. E-mail: Becky.Orff@ Maine.gov
. PUBUC HEARING: No ne scheduled - one may be requested
. COM MENT DEADUNE: June 22, 2012 BRIEF SUMMARY: The Commissioner of Ini and Fisheries and Wild l ife is proposing to amend the fall w ild turkey hunting sea son by adding Wild l ife Management District (W MD) 18 to Zone 1 (from the Sa turday preceding the Monday observa n ce of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day). Only bow and a rrow may be used to hunt wild turkey durin g the fall wild .turkey hunting season in Zo nes 1 and 2. IMPACT ON M UN ICIPALITIES OR COUNTIES: Non e anticipated STATUTORY A UTHORITY FOR THIS RULE: 12 MRSA §11701 SUBST ANTI VE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): WEBSITE : ht to ://www .majne.goy/ lfw/
.
AGENCY: 06-096- Department of Environmental Protect ion (DEP) CHAPTER NUMBER AND mLE: Ch. 110 , Ambient Air Quality Standards (Amendments) PROPOSED RULE NUMBER: 2012- P91 CONT ACT PERSON FOR THIS FlUNG I SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Depa rtment of Environmental Protect ion, Bureau of Air Quality Control, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-2437. Fax: (207) 287-7641. E-mail: Jeff.S.Crawford@Malne.gov. PUBUC HEARING: No public hearing sc heduled , 30 - day written comm ent period with an opportunity f or a hear ing. CO MM ENT DEADU N E: J un e 22, 2012, 5:00 p.m . BRIEF SU MMARY: T he Department Is proposi ng to amend Its Ch. 110, Ambient Air Quality Standa rd s, to explicitly i ncorporate the national ambient a ir quality standards (NAAQS) and am bient increments for preve ntion of significant deterioration (PSD). Alth ough statute at 38 MRSA §584 -A refers to the national a m bient ai r q uali ty standa rd s as esta blished by Section 109 of the CAAA, Ch
. 110 must be amended to reflect the current NAAQS since statute cannot i nc o rpo rate by reference. In addition to the explicit establishment of the NAAQS , the proposed amendments will also update the ambient Increme nts to establish an increment for PM2.5, and repeal the state standard for ch romium (the re Is no NAAQS for chromium or chromium com p ounds). These amendments w ill be submitted to EPA for incorporation in the Maine State Implementation Plan. Copies of this proposal are available upon request by contacting the Agency contact person or on the DEP website at www.ma ine. gov /dep/rules/. Pursuant to Ma in e law, Interested parties are publicly notified of the pro posed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period
. To ensure the comments are considered, they must incl ude you r name and t he organizati on you re present, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing w ill be sc hed ule d if any req u ests are recei ved prior to t he c l ose of the public co mment period
. IMPACT ON MUNICIPAUT IES OR COU NTIE S: None 

### http: / /www.maine.gov /sos/cec /rules /notices/20 12/052312.html 6 /27/ 2012

### May 23, 2012 Rule-making Nr+ice

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## of Maine, USA Page 3 

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STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A SUBSTANTIVE STATE OR FEDERAL LAW BEI N G IMPLEMENTED (if different): WEBSITE: http://www .majne.aov/dep/air/
. DEP RULE-MAKING UAISO N : Terrv.Hanson@ Ma jne.gov
. ADOPTIONS AGENCY: 65-407 - Public Utilities Commission (PUC) CHAPTER NUMB ER AN D mLE: Ch
. 421 , S afety and Operation Sta ndards for Liquefied Petroleum Gas (LPG) Distribution Systems · ADOPTED RULE NUMBER: 2012-156 (Final adopt ion, major substan tive ) CONOSE SU MMARY : The PUC adopts amendments to safety and operations standards rules for liquefied petroleum gas (LPG) distribution systems (Ch
. 421). These amendments amend the rules based on the Resolve adopted by the Legislature and signed into l aw subsequent to the Commission's provisional adoption of amendments to the rule (Resol ves 2011 ch. 143). EFFECTIVE DATE: June 14, 2012 AGENCY CONTACT PERSON/ RULE - MAKI NG U AISON: Paula J. Cyr, Pu blic Utilities Commission, 18 State House Station, Augusta, ME 04333 -00 18. Telephone: (207) 287-3831
. E-mail: Paula.Cyr@ M aine.gov. WEBSITE : http://www.maine.gov/m pu c/
.
AGENCY: 10- 144 - Department of Hea lth a nd Human Serv i ces (DHHS), Office of MaineCare Services CHAPTER NUMBER AND TITLE: Ch. 101 , MaineCare Benefits Manual: Ch
. II Section 32 , Waiver Serv i ces for Children w ith Intellectual Disabilities or Pervasive Developmenta l Disorders ADOPTED RULE NUMBER: 2012-157 CO NCISE SU MMAR Y: The adopted rule establishes a new section 32.10 inCh
. II that provides for an increased leve l of home support where certain criteria of need are met. The Department added definitions in Section 32.02 for the terms "Behavioral Interventions/ "Rest rain t" and "Seclusion." The Department added c larifying language to Section 32.03 regard ing eligibility and priority and reordered some of the wording. Additionally, t he Department added l anguage speci fying the individual cost limits for waive r services, as set forth in the waive r a pplication approved by the Centers for Medicare and M edicaid Se rvi ces. Other tec hnical c hanges and formatting were also done. This chang e I s not expected to have an adverse economic I mpact on small businesses or muni c ipalities and count ies. See http://w ww . ma j ne.gov/ d hhs/oms/ru lesli nd ex.shtm l for ru les a nd re l ated rulemaking documents. EFFECTI VE DATE: June 20, 2012 AGeNCY CONTACT P ERSO N : Ginger Roberts-Scott, Comprehensive Heal th Planner, Di v ision of Policy , 242 State Street, 11 State House Station, Augusta, Maine 04333-00 1 1. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606- 02 1 5 or (207) 287-1828 (Deaf/Hard of Hearing). E-mail: Ginger.Roberts·Scott@Maine.gov
. WEBSITE: http://www.majne.goy/dhhs/oms/. DHHS RULE-MAKING UAISO N : Kevln.Wells@Majne.gov.

AGENCY: 1Q-144- Department of Health and Huma n Services (DHHS), Office of MaineCare Services CH AP TER NUMBER AND TITLE: Ch
. 101, Mai neCar e Benefits Ma nual: Ch
. III Section 32, Allowances for Waiver Se rvi ces for Children w it h Intelle c tua l Disabi lities or Pervasive Develo pme ntal Disorders ADOPTED RULE NUMB E R: 2012-158 (Fi nal adoption, major sub sta ntive) CO N CISE SU MMARY : This is a major substa ntive rule and will be final thirty days aft er It Is flied. The L egis latur e approved the rule for final adoption in 2011 Resolve ch. 160 , Regarding Legis lative Review of Portions of Ch. 101, MaineCare Benefi t s Manual, Ch. III Section 32, Allowances for Wa iver Services for Children with Intellectual Disabilities or Pervasi ve Developmental Disorders, a major substantive rule of the Department of Health and Human Services. The final adopted rule establishes a section of the MaineCare Benefits Manual that is known as Allowances for Waiver Services for Children with Intellectua l Disabilities or Pervasive Developmental Disorders. These services are provided to children under a Home and Community Based Wa iver program approved by the Ce nters for Medicare and Medicaid Services (CMS). Services in Ch. II include Home Support, Home Accessibility Adaptations , Tra nsportation, Consultation, Communication Aids and Respite Ca re. Ch. III establishes the rates for se rvi ces. Serv ices will be provided t o children wi th Intellectual Disabi lit ies or Pervasi ve Developmental Diso rd e rs to s upport them to live In the co mmunity ra ther t han In Inst it utional settings. T his c ha nge is not expected to have an adverse economic im pact on small businesses or municipalities and counties. See bttp://www.main e.goy/d b hs/oms/ru l eslindex.shtml for rul es a nd rel ated rulemaking documents. EFFECTI VE DA TE: June 20, 2012 AGENCY CONTACT P ERSO N : Ginge r Roberts-Scott, Comprehensive Health Planner, Division of Policy, 242 State Street, 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 287-9365. Fax: (207) 287-9369. TTY: 1 (800) 606- 0215 o r (207) 2 87-1828 (Deaf/Hard of Hearing)
. E-mail: Ginqer.Roberts-Scott@Maine.gov
. WEBSITE: http://www.majoe.aov/dhhs/oms/
. DHHS RULE-MAKING UAISON: Keyln.Wells@Maine.gov.
Majne.gov I SOS Home I Contact Us I Site Policies



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### http : //

www.maine.gov /sos/cec/rules /notices/2012/0523 12.htm1 6/27/2012

### Briefing Document to Commissioner -proposal for adoption Date: June 28,2012


### Commissioners Briefing Memo

-Proposal for Adoption AGENCY: Department of Environmental Protection NAME, ADDRESS, PHONE NUMBER OF AGENCY CONTACT PERSON : JeffreyS
. Crawford Department of Environmental Protection 17 State House Sta tion Augusta, ME 04333-0017 207-287-7647 CHAPTER NAME AND RULE TITLE: Chapter 11 0 Ambient Air Quality Standards STATUTORY AUTBORITY:Title 38 MRSA 

### § 585-A DATE AND PLACE OF PUBLIC HEARING : No pub lic hearing was held. This rule was noticed to a 30-day public comment period. PUBLICATION DATE: May 23, 2012 COMMENT DEADLINE: June 23,2012 0 

### Amendments made to rule as result of comment- reviewed by 

### AAG (enter date here )

### ~ No changes made to rule as a result of comment Summary of General Nature of Comments Received The only comment received on this rulemaking proposal was from the U.S
. EPA, which notes that the proposed amendments were consistent with the National Ambient Air Quality Standards. Participants (if different from what was anticipated). N/A Economic benefit to regulated community , 

### if any (e.g. financial/ resource or no impact) This propo sal will not have a fiscal i mpact on the regulated community. Note: Materials Attached: 1
. 

### Rule- final format 2. Rule- legislative format 3
. Basis Statement

8/2012012 1 1 OCommissionerBricfmgAdoptionMemo
.doc06-096 

### DEPARTMENT OF ENVIRONMENTAL PROTECTION
Chapter 110 : AMBIENT AIR QUALITY STANDARDS SUMMARY: This regulation establishes ambient a ir qual ity standards that are maximum levels of a particular pollutant tha t are permitted in the ambient air. This regulation also establishes amb i ent increments which detine the maximum ambient increase of a particular pollutant that can be permitted for a given area depending on the classification ofthat area. Area classification is dealt with in another regulation.


### 1. Scope. These standards are applicable in all ambient air quality control r egions ofthe State of Maine. 2. Particulate Matter Ambient Air Quality Standards A. The primary and secondary 24-hour ambient air quality standards for PM 10 are 150 1-1g/m3

. The standards are attained when the expected number ofdays per calendar year with a 24

- hour average concentration above 150 um/m 3
, as determined in accordance with 40 CFR Part 50 Appendix K , is equal to or less than one. B
. The primary and secondary ambient ai r quality standards for PM 2.5 are: (l) 15.0 1-1g/m3 annual arithmetic mean concentration. The annual PM2.5 standards are met when the annual arithmetic mean concentration averaged over 3 years, as determined in accordance with 40 CFR Part 50 Appendix N , is less than or equal to 15.0 1-1g/m3• (2) 35.0 1-1g/m 3 24-hour average concentration. The 24-hour 

### PM 2.5 standards are met when the 98111 percentile 24-hour concentration averaged over 3 years, as determined in accordance with 40 CFR Part 50 Appendix N, is less than or equal to 35.0 1-1glm 3

. 3. Sulfur Dioxide Ambient Air Quality Staodards7 A
. The primary ambient air quality standard for sulfur oxides measured as sulfur dioxide is a 1-hour average concentration of 75 ppb
. The primary sulfur dioxide standard is met when the 99th percentile !

- hour daily maximum concentration averaged over 3 years, as determined in accordance with 40 CFR Part 50 Appendix T, is less than or equal to 75 ppb
. B. The secondary ambient air quality standard for sulfur oxides measured as sulfur dioxide is a maximum 3-hour concentration of0.5 ppm. The secondary sulfur dioxide standard is met when the second-highest 3-hour average per calendar year, as determined in accordance with 40 

### CFR Part 50, Appendix A , is less than or equal to 0.5 ppm. 4. Carbon Monoxide Ambient Air Quality Standards. The ambient air quality standards for carbon monoxide are: A. 9 ppm (lO milligrams per cubic meter) for an 8-hour average concentration. The 8-hour average is met when the second-highest 8-hour average concentration per calendar year, as determined in accordance with 40 CFR Part 50 Appendix C, is less than or equal to 9 ppm ; and06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

B. 35 ppm (40 milligrams per cubic meter) for an 1-hour average. The 1-hour average is met when the second-highest 1-hour average concentration per calendar year, as determined 

### in accordance with 

### 40 CFR Part 

### 50 Appendix 

### C, is less than or 

### equal to 

### 35 ppm. 

### 5. Ozone
. The primary and secondary ambient air quality standard for ozone is an 8-hour average concentration of0.075 ppm. The primary and secondary ambient air quality standard for ozone is met when the three-year average ofthe annual fourth-highest dai l y maximum 8-hour average ozone concentration, as determined in accordance with 40 CFR Part 50 Appendix P, is less than or equal to 0.075 ppm. 

### 6. Nitrogen Dioxide Ambient Air Quality**Standard~** .. A
. The !-hour primary ambient air quality standard for nitrogen dioxide is a concentration of 100 ppb. The standard is met when the 98th percentile of 1

- hour daily maximum concentrations, averaged over 3 years at a monitor, as determined in accordance with 40 CFR Part 50 Appendi x S , does not exceed 100 ppb. 

### B. The annual primary and secondary ambient air quality standard for nitrogen dioxide is a concentration of 53 ppb. Th e standard is met when the when the annual arithmetic mean concentration at a monitor, as determined in accordance with 

### 40 CFR Part 50 Appendix 

### S, does not exceed 53 ppb. 

### 7. Lead Ambient Air Quality Standar d s . The primary and s econdary ambient air quality standard for lead and its compounds measured as elemental lead is 0
. 15**~g/m •**  The standards are met when the ma.ximum rolling three month average measured over a three

-year period does not exceed 0.15**~g/m •**  as determined in accordance with 40 CFR Part 50, Appendix R
. 

### 8. Establishment ofAmbient Increments A. 

### In addition to the ambient air quality standards adopted by the Board and enacted as 38 M
. R.S.A. , 584-A, any Class 

### I Region or part thereof within the State (including those federal lands designated by the Clean Air Act Amendments of 1977 shall be subject to a maximum allowable increase in concentration ofPM2.S • PM 

### 1 0

• sulfur dioxide, and nitrogen dioxide over the baseline concentration of such pollutants. The maximum allowable increase for any period other than an annual period, shall not be exceeded more than once annually. Such maximum allowable increase shall consist of : (1) PM2
.5 (a) An increase 

### in the annual arithmetic mean at any location shall not exceed 

### 1 microgram per cubic meter. (b) An increase in concentration for any 24-hour period 

### at any location shall not exceed 2 micrograms per cubic meter.
Chapter 110: Ambient Air Quality Standards

- 2 -06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(2) PM10 (a) An i ncrease in the annual arithmetic mean at any location shall not exceed 4 micrograms per cubic meter . (b) 

### An increase in concentration for any 24-hour period at any location shall not exceed 8 micrograms per c ubic meter. (3) Sulfur Dioxide (a) An increase in the annual arithmetic mean at any location shall not exceed 2 micrograms per cubic meter. (b) An increase in concentration for any 24-hour period at any location shall not exceed 5 micrograms per cubic meter. (c) 

### An inc r ease in concentration for any three-hour period at any location shall not exceed 25 micrograms per cubic meter. (4) Nit rogen Dioxide (a) An increase in the annual arithmetic mean at any locat ion shall not exceed 2
.5 micrograms per cubic mete r. 

### B. In addition to the amb i ent air quality standards adopted by the Board and enacted as 38 M .R. S.A
., 584-A, any Class 

### 11 region or part thereof within the State shall be subject to a maximum allowable increase in concentration ofPM2.5 , PM 

### 10· sulf ur dioxide and nitrogen dioxide over the baseline concentration of such pollutants. Th e maximum allowable i ncrease for any period other than an annual period, shall not be exceeded more than once annually. Such maximum allowab le increase shall consist of: (1) PM2.5 (a) An increase in the annual ar ithmet ic mean at any l ocation shall not exceed 4 micrograms per cubic meter. (b) An increase in concentration for any 24

- hour period at any location shall not exceed 

### 9 micrograms per cub i c meter. (2) PMto (a) An increase in the an nual ari thmetic mean at any location shall not exceed 17 micrograms per cubic meter. (b) An increase in concentration for any 24-hour period at any location shall not exceed 30 mi crograms per cubic meter. Chapter 110: Ambient Air Quality Standards

- 3

-06-096 

### DEPARTMENT OF ENViRONMENTAL PROTECTION

(3) Sulfur dioxide (a) An increase in the annual arithmetic mean at any location shall not exceed 20 micrograms per cubic meter. (b) An increase in concentration for any 24-hour period at any location shall not exceed 91 micrograms per cubic meter. (c) An increase in concentration for any three-hour period at any location shall not exceed 512 micrograms per cubic meter. (4) Nitrogen Dioxide (a) An increase in the annual arithmetic mean at any location shall not exceed 25 micrograms per cubic meter. 

### C. In addition to the ambient air quality standards adopted by the Board and enacted as 38 M.R.S
.A , 584-A, any Class III Region or part thereof within the State shall be subject to a maximum allowable increase in concentrat ion of

### PM2.s, PM 1 

# o

, sulfur dioxide and nitrogen dioxide over the baseline concentration of such pollutants. The maximum allowable increase for any period other than an annual period, shall not be exceeded more than once ann u ally. Such maximum allowable increase shall consist of: 

### (I) PM2
.s (a) An increase in the annual arithmetic mean at any location shall not exceed 8 micrograms per cubic meter. (b) An increase in concentration for any 24-hour period at any location shall not exceed 18 micrograms per cubic meter. 

### (2) 

### PM 1o (a) An increase in the annual arithmetic mean at any location shall not exceed 34 micrograms per cubic meter. 

### (b) 

### An increase in concentration for any 24-hour period at any location shall not exceed 60 micrograms per cubic meter. (3) Sulfur dioxide (a) An increase in the annual arithmetic mean at any location shall not exceed 40 micrograms per cubic meter.

Chapter I I0 : Ambient Air Quality Standards

- 4-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION
(b) An increase in concentration for any 24-hour period at any location shall not exceed 182 micrograms per cubic meter. (c) An i ncrease in concentration for any three-hour period at any location shall not exceed 700 micrograms per cubic meter. (4) Nitrogen Dioxide (a) An increase in the annual arithmetic mean at any location shall not exceed 50 micrograms per cubic meter. 

### 9. Exclusions From The Increment A. Concentrations of such poUutant attributable to the increase in emissions from stationary sources which have converted from the use ofpetroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2 (a) and (b) ofthe Federal Energy Supply and Environmental Coordination Act of 1974 over the emissions from such sources before the effective date of such order. Any exclusions provided by this section shall end five years after the effective date of this order; 

### B. Concentrations of PM2.5 or

_ PM 10 attributable to the increase in emission s from construction or other temporary emission

-related activities ; and 

### C. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration. AUTHORITY: 38 M.R
.S
.A., Section 584-A 38 M.R.S.A. Section 585-A EFFECTIVE DATE: October 22 , 1971 Amended: May 7, 1979 Amended: October 14, 1980 Amended: January 24, 1983 Amended: August 9 , 1988 Amended: October 25, 1989 Amended: June 13 , 1990 Amended: August 6, 1996 Amended: August 

### 6 , 2012
BASIS STATEMENT This regulation reflects those ambient air quality standards that the Board has determined are necessary to control air pollution. The Board examined the existing quality ofthe ambient air, the uses of land, the effectiveness ofcontrol and the federal standard for the same pollutant. These standards are set to preserve and enhance Maine's air quality. Chapter ll0: Ambient Air Quality Standards

- 5.06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION



### BASIS STATEMENT FOR AMENDMENT OF JULY 23, 1980 Studies have demonstrated that exposure to lead adversely affects human health. Lead is a listed criteria pollutant for which EPA recently promulgated an ambient air quality standard. The Board concluded that a stricter standard was necessary in order to provide an adequate margin of safety to protect public health. 

### BASIS STATEMENT FOR AMENDMENT OF NOVEMBER 23, 1982 This regulation reflects those ambient air quality standards that the Board has determined are necessary to control air pollution. The Board examined the existing quality ofthe ambient air, the uses ofland, the effectiveness ofcontrol and the federal standard for the same pollutant. These standards are set to preserve and enhance Maine's air quality. Section 12 was adopted to establish an ambient air quality standard for hexavalent chromium which was found to be a human respiratory carcinogen. 

### BASIS STATEMENT FOR AMENDMENT OF JULY 13,1988 The particulate matter ambient air quality standards have been revised to add a standard for particulate matter, designated PM 1 0· A similar PM 10 standard has been adopted by the United States Environmental Protection Agency. PM 10 measures only that particulate matter less than 10 microns in diameter, which are the particles which can reach the lungs and result in serious health problems. The larger particles are primarily screened out by the nasal passages and the larynx. The existing Total Suspended Particulates (TSP) standard measures, in addition to the particles measured by the PM 10 standard, larger particles which EPA has determined do not pose significant health risks. After extensive study, EPA determined that PM 10 is a more appropriate measure of particulates in protecting human health than the existing TSP measure. Further, EPA did not find that there was sufficient scientific evidence to support retention ofthe TSP standard by EPA once a PM 1 0 standard was adopted by EPA. Because the Board does not have the authority to eliminate the TSP standard, the TSP ambient air standard will remain in the regulations until the Legislature has had an opportunity to modify or r epeal the TSP standard. 

### BASIS STATEMENT FOR AMENDMENT OF SEPTEMBER 27, 1989 This regulation has been amended to incorporate changes made by the ll4th First Regular Session ofthe Maine Legislature. The language for the PM 1 0 standards has been changed for consistency with the national standards, and an annual PM 10 standard more stringent than the federal standard has been adopted
. Furthermore, the Total Suspended Particulate standards have been elimina ted
. No comments on the proposed changes were received by the Department. 

### BASIS STATEMENT FOR AMENDMENTS OF JUNE 13, 1990 This regulation was amended to implement a federally mandated nitrogen oxide (NOx) increment program in the State ofMaine. As part ofthe Prevention of Significant Deterioration Program, these amendments establish maximum increases in pollution concentrations allowed in an area above a determined baseline concentration
. NOx increment standards are established and the NOx baseline concentration represents air quality existing in an area on February 8, 1988. The only comments received Chapter 110: Ambient Air Quality Standards

- 6-06-096 DEPARTMENT Of ENV IRONM ENTAL PROTECTION

were from the United S tates Environmental Protection Agency which suggested minor changes for clarification. 

### BASIS STATEMENT FOR AMENDMENTS OF JULY 24,1996 EPA changed the maximum allowable ambient increments fo r particulate matter from total suspended particulates (TSP) to fine particulates (PM lQ) under the Prevention of Significant Deterioration (PSD) regulations. Federal regulations require the Maine DEP to revise this chapter to incorporate this increment change. The only comments received were from the United States Environmental Protection Agency which suggested minor changes for clarification. 

### BASIS STATEMENT FOR AMENDMENTS OF JULY 17,2012 T he se amendments update Chapter 110 to expl icitly incorporate the National Ambient Air Qua lity Standards (NAAQS) and ambient increments for prevention of significan t deterioration (PSD)
. In addition, the amendments also update the ambient increments by establishing an increment for PM2.5 , and repeal the state standard for chromium
. The only comment received was from the United States Environmental Protection Agency, which noted that the amendments were consistent with the National Ambient Air Quality Standard s.

Chapter 110: Ambient Air Quality Standards

- 7-

### •• 

# Rule.. Making Cover Sheet 

# 2012-214 TO: 

### Secretary of State Administrative Procedure Officer, 

### ATTN: State Hou se Station 101, Augusta, Maine 04333. 

### 1. Agency: Department of Environmental Protection ,....**~CCE PTEC**  

### FOFf ·**~** FILING 

### 2
. Agency umbrella and unit 11umber: 06-096 

### 3
. Title of rule: Ambient 

### Air Quality Standards 

## AUS - 1 2012 4. Chapter number assigned to the rule: 110 $EOAETARY OF &TATE 5. Date(s)/metbod(s) of notice: On June 22, 2012 in the Kennebce J ournal, Portland Press Herald, Bangor Daily News, Lewiston Sun Journal and Waterville Morning SentineL 6
. Date(s)/place(s) of hearing(s): No hearing scheduled: 30-day comment period 7. Type: 

### 0 new rule**~** partial amendment(s) ofexisting rule 

### 0 su spension ofexisting rule 

### 0 repeal ofrule 

### 0 emergency rule 

### 0 repeal and replace: complete replacement of existing chapter, with former version simultaneously repealed. 

### 8
. Name/phone of agency contact person: Jeff Crawfor d (207) 287-2437 9. Ifa major substantive rule under Title 5, c. 375, sub-CJI

-A, check one ofthe following 

### 0 Provisional adoption 

### 0 Final adoption 

### 0 emergency adoption of major-substantive rule
10. Certification Statement: 

### I, Patricia Aho hereby certify that the attached is a true copy ofthe rule(s) described above and lawfully adopted by the



### 11.

# ---=**D~e~partm ===e=n=t~o=f=E=n~v** **=·ro= nm==e=n=tal~P** **~r=o=t =c=t** **=on~** _____

# on~ (name of agency) 

# 7£ 

# t;**)4Df~ .**  (date) I further certify that all portions ofthis rule are adopted 

### in compliance with the**require~** 

### Alstrative Procedure Act. Signature :

# ~v**.~** (original signarure, personally signed by the head ofagency) Printed name & title: Patricia W. Abo, Commissioner
Approved as 

## w form and legality by the Attorney General on 

# =ff 1./(J.. / /"':') ,___. (date) Signature
_____**p77"~~~,;__ ----=-)'-** **~_;;_** 

### _________ _. (original signature, persooally signed by an Assistant Attorney General) Printed Name : __ 

### .._.&"--'::::....._'1'_(

# )_7)~.**__.~____;,_~ J,_,,,._.**  _ /1--

_ R-

_ C
____ _,
EFFECTIVE DATE: 

# AUG - 6 2012