STATE OF MAINE 

• 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

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 09-3 912 

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 of the 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 of Environmental Protection 

requesting a public comment period dated March 14, 2012; 

2. Copy of the public notice that appeared in the. newspapers statewide on May 23, 2012; 

3. Memorandum to the Commissioner, Maine Department of Environmental Protection 

requesting adoption of the 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 of August 6, 2012; and 

AUGUSTA 

7 STATE !lOUSE STATION 

UGUSTA, MAINE 04333·0017 

( 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. MAP A 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 of Air Quality 

Enclosures 

cc: Anne Arnold 

Patricia Aho w/o encl 

Jeff Crawford w/o encl 

SIP file 

2 
Briefmg Document to Commissioner 

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.crawford@maine.gov 

CHAPTER NAMES AND RULE TITLES: Chapter 110 Ambient Air Quality Standards 

STATUTORY AUTHORITY: These routine technical rules are being adopted under the Department's general 

rulemaking authority at 38 MRSA Section 585-A. which states that the Board of Environmental Protection "may 

establish and amend regulations to implement ambient air quality standards and emission standards. These 

regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within 

any region and prevent air pollution." In addition, statute at 38 MRSA Section 584-A states: ·'For purposes of 

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 Clean Air Act, 42 United States Code, Section 7409, as 

amended. The department shall implement ambient air quality standards as required by the federal Clean Air Act, 42 

United States Code, Section 7409 and regulations promulgated under that section by the United States Environmental 

Protection Agency. Nothing in this section may be construed to limit the authority of the department to adopt 

emission standards designed to achieve and maintain ambient air quality standards." 

The proposed amendments to Chapter 1 I 0 arc required pursuant to the 1990 Clean 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. of the CAAA .. 

PRINCIPAL REASON OR PURPOSE FOR PROPOSING TillS RULE: These amendments will update 

Chapter 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 established by Section I 09 of the CAAA. Chapter 1 l 0 must be amended to reflect the 

current NAAQS since statute cannot incorporate by reference. 

In addition to the explicit establishment of the NAAQS, the proposed amendments will also update 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). 

8120/2012 Commissioner l:lrie{jng memo- Proposed Rulemaking T~mplatc.doc 
Briefing Document to Commissioner 

Date:3/14/12 

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 11 O(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 intended 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 solicited 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 small 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 

Statutes or federal laws and regulations. 

• Other Fiscal issues which should be considered: 

Note: Please attach copies of proposed rules. 

8/20/2012 Commissioot:r Briding memo - Proposed Rulemaking Template.doc 
May 23, 2012 Rule-making 1--r ';ce - State of Maine, USA 

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May 23, 2012 

WEEKLY NOTICES OF STATE RULE-MAKI NG 

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Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of 

any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If 

no hearing is scheduled, you may request 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 prior to it. Petitions: you can petition an agency to adopt, amend, 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 rule-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 Legislative 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 Web: Copies of 

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htto://www .maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each 

agency. 

PROPOSALS 

AGENCY: 04-061 - Department Of Conservation (DOC}, Maine Land Use Regulat ion Commission (LURC) 

CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards 

PROPOSED RULE NUMBER: 2012-P89 

CONTACT PERSON FOR THIS FlUNG /SMAU BUSINESS INFORMATION: Hugh Coxe, Maine Land Use Regulation 

Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022. Telephone: (207) 287-

2662. TTY: (888) 577-6690. E-mail: Huqh.Coxe@Maine.gov . 

PUBLIC HEARING: None 

COMMENT DEADLINE: June 22, 2012 

BRIEF SUMMARY: Ch. 10 rules establish land use standards for lands under the j urisdiction of the Land Use Regulation 

Commission. The goal of this rule-making is to reduce the regulatory burden on applicants and reduce staff time and 

paperwork for small projects with little or no impact. These rule changes will allow 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 SUMMARY: Ch. 10, Land Use Districts 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 time 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 In management or protection subdistricts. The proposed changes would increase the size 

allowed in these development subdistricts from 500 square feet to 750 square feet, and also allow accessory structures 

without a permit subject to standards in the General Management and Great Pond Protection subdistricts. Standards and 

conditions are proposed as part of the changes to clarify In 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 structures and uses, provided 

that the total square footage of the footprint of all new or expanded accessory structures built on a lot within 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 Subdistrict (D-GN2) - 10.21,D,3,b,l 

*Rural Settlement 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 of Maine, USA 

* Community Residential Development Subdistrict (D-RS2) - 10.21,1,3,b,1 

* Residential Recreation Development Subdistrict (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 to 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 to Ch. 10, which sets forth the conditions that need to be met for a proposed 

accessory structure to be constructed without a permit. Ali new or expanded accessory structures allowed without a permit 

subject to standards must meet the following conditions: 

1. Be accessory to a legally existing principal structure and use; 

2. Meet the definition of accessory structure in Section 10.02,1; 

3. Conform with the General Criteria for Approval in Section 10.24; 

4. Meet the development standards in Sections 10.25 and the activity specific standards In Section 10.27, as applicable; 

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 internal plumbing and not be supplied with 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 in construction nor produce any hazardous or toxic materials or substances; 

11. Be consistent with the use of the principal structure and not add a new activity to those currently permitted at the site 

or facility; and 

12. Not cause the total development on a property to exceed any gross floor area limitation related to the type of use. 

A copy of the above proposed rule changes may be viewed at the Commission's main office at 18 Elkins Lane, Harlow 

Bu ilding, Augusta, Maine or may be downloaded from the agency's web site at www,malne.gov/doc/lurc . To view the 

proposed rule changes at the Augusta office, please call the office in advance at (207) 287-2631. 

I MPACT ON MUNICIPALITIES OR COUNTIES: None 

STATUTORY 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 Fisheries and Wildlife (IFW) 

CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping : 4.06, Wild Turkey Hunting Season 

PROPOSED RULE NUMBER: 2012-P90 

CONTACT PERSON I AGENCY UAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, 

Aug usta, ME 04333. E-mail: Becky.Orff@Maine.gov . 

PUBUC HEARING: None scheduled - one may be requested. 

COMMENT DEADUNE: June 22, 2012 

BRIEF SUMMARY: The Commissioner of Iniand Fisheries and Wildlife is proposing to amend the fall wild turkey hunting 

season by adding Wildlife Management District (WMD) 18 to Zone 1 (from the Saturday preceding the Monday observance 

of Columbus Day in October to the second Saturday following the Monday observance of Columbus Day). Only bow and 

arrow may be used to hunt wild turkey during the fall wild .turkey hunting season in Zones 1 and 2. 

IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated 

STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11701 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: htto: //www .majne.goy/lfw/ . 

AGENCY: 06-096- Department of Environmental Protection (DEP) 

CHAPTER NUMBER AND mLE: Ch. 110, Ambient Air Quality Standards (Amendments) 

PROPOSED RULE NUMBER: 2012- P91 

CONTACT PERSON FOR THIS FlUNG I SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of 

Environmental Protection, 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 scheduled, 30-day written comment period with an opportunity for a hearing. 

COMMENT DEADUNE: June 22, 2012, 5:00 p.m. 

BRIEF SUMMARY: The Department Is proposing to amend Its Ch. 110, Ambient Air Quality Standards, to explicitly 

incorporate the national ambient air quality standards (NAAQS) and ambient increments for prevention of significant 

deterioration (PSD). Although statute at 38 MRSA §584-A refers to the national am bient air quality standards as 

established by Section 109 of the CAAA, Ch. 110 must be amended to reflect the current NAAQS since statute cannot 

inco rporate by reference. In addition to the explicit establishment of the NAAQS, the proposed amendments will also 

update 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). These amendments will 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.maine.gov/dep/rules/. 

Pursuant to Maine law, Interested parties are publicly notified of the proposed 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 include your name and t he organization you 

represent, if any. Although the Department has not scheduled a public hearing on this proposal, a public hearing will be 

scheduled if any requests are received prior to the close of the public comment period. 

IMPACT ON MUNICIPAUTIES OR COUNTIES: None 

http:/ /www.maine. gov /sos/cec/rules/notices/20 12/052312.html 6/27/2012 
May 23, 2012 Rule-making Nr+ice - State of Maine, USA Page 3 of 4 

STATUTORY AUTHORITY FOR THIS RULE: 38 MRSA §585-A 

SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): 

WEBSITE: http://www .majne.aov/dep/air/ . 

DEP RULE-MAKING UAISON: Terrv.Hanson@Majne.gov . 

ADOPTIONS 

AGENCY: 65-407 - Public Utilities Commission (PUC) 

CHAPTER NUMBER AND mLE: Ch. 421, Safety and Operation Standards for Liquefied Petroleum Gas (LPG) Distribution 

Systems · 

ADOPTED RULE NUMBER: 2012-156 (Final adoption, major substantive) 

CONOSE SUMMARY: 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 law subsequent to the Commission's provisional adoption of amendments to the rule (Resolves 

2011 ch. 143). 

EFFECTIVE DATE: June 14, 2012 

AGENCY CONTACT PERSON/ RULE-MAKING U AISON: Paula J. Cyr, Public Utilities Commission, 18 State House Station, 

Augusta, ME 04333-0018. Telephone: (207) 287-3831. E-mail: Paula.Cyr@Maine.gov. 

WEBSITE: http://www.maine.gov/mpuc/ . 

AGENCY: 10- 144 - Department of Health and Human Services (DHHS), Office of MaineCare Services 

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 32, Waiver Services for Children with 

Intellectual Disabilities or Pervasive Developmental Disorders 

ADOPTED RULE NUMBER: 2012-157 

CONCISE SUMMARY: The adopted rule establishes a new section 32.10 inCh. II that provides for an increased level of 

home support where certain criteria of need are met. The Department added definitions in Section 32.02 for the terms 

"Behavioral Interventions/ "Restraint" and "Seclusion." The Department added c larifying language to Section 32.03 

regarding eligibility and priority and reordered some of the wording. Additionally, the Department added language 

specifying the individual cost limits for waiver services, as set forth in the waiver application approved by the Centers for 

Medicare and Medicaid Services. Other technical changes and formatting were also done. This change Is not expected to 

have an adverse economic Impact on small businesses or municipalities and counties. 

See http://www.majne.gov/dhhs/oms/ruleslindex.shtml for rules and related rulemaking documents. 

EFFECTIVE DATE: June 20, 2012 

AGeNCY CONTACT PERSON: Ginger 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 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 UAISON: Kevln.Wells@Majne.gov. 

AGENCY: 1Q-144- Department of Health and Human Services (DHHS), Office of MaineCare Services 

CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. III Section 32, Allowances for Waiver Services 

for Children with Intellectual Disabilities or Pervasive Developmental Disorders 

ADOPTED RULE NUMBER: 2012-158 (Final adoption, major substantive) 

CONCISE SUMMARY: This is a major substantive rule and will be final thirty days after It Is flied. The Legislature approved 

the rule for final adoption in 2011 Resolve ch. 160, Regarding Legislative Review of Portions of Ch. 101, MaineCare Benefits 

Manual, Ch. III Section 32, Allowances for Waiver Services for Children with Intellectual Disabilities or Pervasive 

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 Intellectual Disabilities or Pervasive Developmental Disorders. These services are provided to children under a Home 

and Community Based Waiver program approved by the Centers for Medicare and Medicaid Services (CMS). Services in Ch. 

II include Home Support, Home Accessibility Adaptations, Transportation, Consultation, Communication Aids and Respite 

Care. Ch. III establishes the rates for services. Services will be provided to children with Intellectual Disabilities or 

Pervasive Developmental Disorders to support them to live In the community rather than In Institutional settings. This 

change is not expected to have an adverse economic impact on small businesses or municipalities and counties. 

See bttp://www.maine.goy/dbhs/oms/ruleslindex.shtml for rules and related rulemaking documents. 

EFFECTIVE DATE: June 20, 2012 

AGENCY CONTACT PERSON: Ginger 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 or (207) 287-1828 (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 

http:/ /www.maine.gov/sos/cec/rules/notices/20 12/052312.html 6/27/2012 
May 23,2012 Rule-making N"tice- State of Maine, USA Page 4 of4 

Copynght e 2005 All rights reserved. 

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 Station 

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 public 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 proposal will not have a fiscal impact on the regulated community. 

Note: Materials Attached: 

1. Rule- final format 

2. Rule- legislative format 

3. Basis Statement 

8/2012012 11 OCommissionerBricfmgAdoptionMemo. doc 
06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Chapter 110: AMBIENT AIR QUALITY STANDARDS 

SUMMARY: This regulation establishes ambient air quality standards that are 

maximum levels of a particular pollutant that are permitted in the ambient air. 

This regulation also establishes ambient increments which detine the maximum 

ambient increase of a particular pollutant that can be permitted for a given area 

depending on the classification of that area. Area classification is dealt with in 

another regulation. 

1. Scope. These standards are applicable in all ambient air quality control regions of the State of 

Maine. 

2. Particulate Matter Ambient Air Quality Standards 

A. The primary and secondary 24-hour ambient air quality standards for PM10 are 150 1-1g/m3

. The 

standards are attained when the expected number of days per calendar year with a 24-hour 

average concentration above 150 um/m3

, as determined in accordance with 40 CFR Part 50 

Appendix K, is equal to or less than one. 

B. The primary and secondary ambient air quality standards for PM2.

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/m3 24-hour average concentration. The 24-hour PM2.5 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 1-1glm3

. 

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; and 
06-096 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 of the annual fourth-highest daily 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 Appendix 

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. The 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 Standards. The primary and secondary 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 of Ambient 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 of PM2.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 

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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION 

(2) PM10 

(a) An increase 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 cubic 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 increase in concentration for any three-hour period at any location shall not exceed 

25 micrograms per cubic meter. 

( 4) Nitrogen Dioxide 

(a) An increase in the annual arithmetic mean at any location shall not exceed 2.5 

micrograms per cubic meter. 

B. In addition to the ambient 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· 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 4 micrograms 

per cubic meter. 

(b) An increase in concentration for any 24-hour period at any location shall not exceed 9 

micrograms per cubic meter. 

(2) PMto 

(a) An increase in the annual arithmetic 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 

micrograms per cubic meter. 

Chapter 110: Ambient Air Quality Standards 

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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 concentration 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 annually. 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) PM1o 

(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 I 0: Ambient Air Quality Standards 

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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 increase 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 of petroleum products, or natural gas, or both, by reason of an 

order which is in effect under the provisions of sections 2 (a) and (b) of the 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 emissions 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 of the ambient air, the uses of land, the 

effectiveness of control and the federal standard for the same pollutant. These standards are set to 

preserve and enhance Maine's air quality. 

Chapter ll 0: Ambient Air Quality Standards 

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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 of the ambient air, the uses ofland, the 

effectiveness of control 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 of the 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 repeal 

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 of the 

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 eliminated. 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 of Maine. As part of the 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 

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06-096 DEPARTMENT Of ENVIRONMENTAL PROTECTION 

were from the United States Environmental Protection Agency which suggested minor changes for 

clarification. 

BASIS STATEMENT FOR AMENDMENTS OF JULY 24,1996 

EPA changed the maximum allowable ambient increments for 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 

These amendments update Chapter 110 to explicitly incorporate the National Ambient Air Quality 

Standards (NAAQS) and ambient increments for prevention of significant 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 Standards. 

Chapter 110: Ambient Air Quality Standards 

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•• 

Rule .. Making Cover Sheet 2012-214 

TO: Secretary of State 

ATTN: Administrative Procedure Officer, 

State House Station 101, Augusta, Maine 04333. 

1. Agency: Department of Environmental Protection ,.... ~CCEPTEC 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 Journal, 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) of existing rule 

0 suspension of existing rule 0 repeal of rule 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 Crawford (207) 287-2437 

9. If a major substantive rule under Title 5, c. 375, sub-CJI-A, check one of the 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 of the 

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 of this rule are adopted in compliance with the 

require~ Alstrative Procedure Act. 

Signature: ~v .~ (original signarure, personally signed by the head of agency) 

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