MEMORANDUM

Date: March 10, 2011 SUBJECT: Technical Support Document (TSD) for the Maine Submittal to Fulfill the

Requirements for 1997 8-hour Ozone National Ambient Air Quality Standard Infrastructure Portion ofthe Clean Air Act Under Section 110(a)(2) FROM : Richard P. Burkhart

# ff THRU: Anne Arnold, Chief

Air Quality Planning Unit 

### TO : Docket for Maine Section 110 Ozone Infrastructure Submittal

(EPA-R01- OAR-2008-0641)

What is the Background for this Action? On July 18, 1997, EPApromulgated a revised National Ambient Air Quality Standard (NAAQS) for ozone based on 8-hour average ozone concentrations . The 8-hour averaging period replaced the previous 1-hour averaging period, and the level ofthe NAAQSwas changed from0 .12parts per million (ppm) to 0

.08 ppm . (See 62 FR 38856.) The Clean Air Act (CAA) requires State Implementation Plans (SIPs) meeting the requirements ofsections 110(a)(1) and (2) be submitted by states within 3 years after promulgation of anew or revised standard. Section 110(a)(1) and (2) require states to address basic SIP requirements, including emissions inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards. States were required to submit such SIPs for the 1997 standards to EPA no later than June 2000. However, intervening litigation over the 1997 8-hour ozone standards created uncertainty about how to proceed and certain States did not provide the required "infrastructure" SIP submission for this newly promulgated standard. Section 110(a) imposes the obligation upon States to make a SIP submission to EPAfor a new or revised NAAQS, but the contents ofthat submission mayvary depending upon the facts and circumstances. In particular, the data and analytical tools available at the time the State develops and submits the SIPfor a new or revised NAAQS affects the content ofthe submission. The contents of such SIP submissions may also vary depending upon what provisions the State's existing SIP already contains. In the case ofthe 1497 8-hour ozone NAAQS, States typically have met the basic program elements required in section 110(a)(2) through earlier SIP submissions in connection with previous ozone standards. What is a Section 110(a)(1) and (2) SIP?2

Section 110(a)(1) and (2) ofthe CAArequires, in part, that states submit to EPAplans to implement, maintain and enforce each of the NAAQS promulgated by EPA . EPAinterprets this provision to require states to address basic SIPrequirements including emission inventories, monitoring, and modeling to assure attainment and maintenance ofthe standards. By statute, SIPs meeting the requirements ofSection 110(a)(1) and (2) are to be submitted by States within three years after promulgation ofa new or revised standard. These SIPs are commonly called infrastructure SIPs. EPAissued a guidance document regarding infrastructure SIPs on October 2, 2007, entitled, "Guidance on SIP Elements Required Under Sections 110(a)(1) and (2) for the 1997 8-hour Ozone and PM2

.5 National Ambient Air Quality Standards." This guidance noted that to the extent an existing SIPalready meets the Section 110(a)(1) and (2) requirements, states need only to certify that fact via a letter to EPA . On March 4, 2004, Earth Justice 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 8-hour ozone standards. EPAentered into a consent decree with EarthJustice which required EPA, among other things, to complete a Federal Re ig ster notice announcing EPA's determinations pursuant to section 110(k)(1)(B) as to whether each State has made complete submissions to meet the requirements ofsection 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 2007. Subsequently, EPAreceived an extension ofthe date to complete this Federal Register notice until March 17, 2008, based upon agreement to make the findings with respect to submissions made by January 7, 2008. In accordance with the consent decree, EPAmade completeness findings for each state based upon what the Agency received fromeach state as of January 7, 2008. On March 27, 2008, EPApublished a final rulemaking entitled, "Completeness Findings for Section 110(a) State Implementation Plans; 8-hour Ozone NAAQS," making a finding that each State had submitted, or failed to submit, a complete SIP that provided the basic program elements of section 110(a)(2) necessary to implement the 1997 8-hour ozone NAAQS. (See 73 FR 16205.) For those States that did receive findings, the findings offailure to submit for all or a portion ofa State's SIPestablished a 24-month deadline for EPAto promulgate a Federal Implementation Plan (FIP) to address the outstanding SIP elements unless, priorto that time, the affected States submit, and EPAapproves, the required SIPs. However, the findings offailure to submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for imposing sanctions as described in section 179 ofthe CAA, because these findings do not pertain to the elements contained in the Title I part Dplan for nonattainment areas as required under section 110(a)(2)(1) . Additionally, the findings offailure to submit for the infrastructure submittals is not a SIP call pursuant to section 110(k)(5) . The findings that all or portions ofa State's submission are complete establish a 12-month deadline for EPAto take action upon the complete SIP elements in accordance with section 110(k) . In July 2010, EPAentered into a Consent Decree with Sierra Club and WildEarth Guardians to take final action, no later than May 29, 2011, either approving, disapproving, or approving in part and disapproving in part, the 1997 8-hour ozone NAAQS Infrastructure SIP for Maine and several other states, pursuant to section 110(k)(2) ofthe CAA, (42 U .S.C. § 7410(k)(2)) .What did Maine Submit?

The State of Maine section 110 infrastructure submittal was received by EPARegion I on January 3, 2008, and the submittal was determined to be complete on April 28, 2008 . The Maine January 2008 section 110submittal demonstrates how the state, where applicable, has a plan in place that meets the requirements ofSection 110for the 1997 8-hour ozone NAAQS. This plan is incorporated into the current MaineAir Quality SIP, the Code of Maine Regulations (CMR) and/or the Maine Revised Statutes Annotated (MRSA) . In accordance withthe October 2, 2007, guidance document, no public hearing was necessary for Maine's 110ozone infrastructure submittal, since all ofthe Maine Revised Statutes Annotated (Maine General Laws) and Maine air pollution control regulations, referenced in the submittal are publicly available, and all the ME DEPregulations, including the ME SIP, referenced in the submittal were subject to public notice and hearing when adopted. As explained below, the state has the necessary infrastructure, resources, and general authority to implement the 1997 ozone NAAQS, except where specifically noted. It should be noted that the ME DEPhas made numerous SIP revisions for both the previous 1-hour ozone standard and the revised 1997 ozone NAAQS. Maine air pollution control regulations that have been previously approved by EPAand incorporated into the Maine SIP are shown in the Appendix ofthis TSD and are posted on the Internet at: http://wwwepa gov/regionl/topics/air/sips/sips me.html What are the reguired elements under Section 110(a)(1) and (2) for the 1997 8-hour ozone NAA S? Section 110(a)(1) provides the procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states must meet for "infrastructure" SIPrequirements related to a newly established or revised NAAQS. These requirements include SIP infrastructure elements such as modeling, monitoring, and emissions inventories that are designed to assure attainment and maintenance ofthe NAAQS. The requirements that are the subject ofthis action are listed below with their corresponding CAAsubsection and in EPA's October 2, 2007, memorandum entitled "Guidance on SIPElements Required Under Section 110(a)(1) and (2) for the 1997 8- Hour Ozone and PM2,5 National Ambient Air Quality Standards."

.

.

. 110(a)(2)(A) : 110(a)(2)(B) : 110(a)(2)(C) : 110(a)(2)(D) : 110(a)(2)(E) : 110(a)(2)(F) : 110(a)(2)(G) : 110(a)(2)(H) : 110(a)(2)(1) : Emission limits and other control measures.

Ambient air quality monitoring/data system . Program for enforcement of control measures. Interstate transport. Adequate resources. Stationary source monitoring system . Emergency power. Future SIP revisions. Areas designated nonattainment and meet the applicable requirements of part D

. Consultation with government officials; public notification; and Prevention ofSignificant Deterioration (PSD) andvisibility " 110(a)(2)(J) :. 4 protection. 110(a)(2)(K) : Air quality modeling/data. 110(a)(2)(L) : Permitting fees. 110(a)(2)(M) : Consultation/participation by affected local entities. Two elements identified in section 110(a)(2) are not governed by the 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation ofa new or revised NAAQS, but rather due at the time ofthe nonattainment area plan requirements are due pursuant to CAAsection 172 . These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit programas required in part DTitle I of the CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I of the CAA

. As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSR or 110(a)(2)(1) . EPAdoes not consider SIPrequirements triggered by the nonattainment area mandates in part D ofTitle I ofthe CAAto be governed by the submission deadline ofsection 110(a)(1) . Nevertheless, Maine has included some SIPprovisions originally submitted in response to part D in its submission documenting its compliance with the infrastructure requirements of section 110(a)(1) and (2) . Maine has over time continually updated the elements of its SIP addressing the ozone NAAQS, and the provisions reviewed here are a weave ofSIP revisions submitted in response to the infrastructure requirements ofsection 110(a)(2) and the nonattainment requirements of part D . For the purposes ofthis action, EPAis reviewing any rules originally submitted in response to part Dsolely for the purposes ofdetermining whether they support a finding that the state has met the basic infrastructure requirements under section 110(a)(2) . For example, in response to the requirement to have enforceable emission limits under section 110(a)(2)(A), Maine cited to several rules that were submitted to meet the Reasonably Available Control Technology Controls (RACT) requirement of part D . EPA is here approving those rules as meeting the requirement to have enforceable emission limits on ozone precursors; anyjudgment about whether those emission limits discharge the state's obligation to impose RACT under part Dwas or will be made separately, in an action reviewing those rules pursuant to the requirements ofpart D . This action also does not address the requirements of 110(a)(2)(D)(i), which have been addressed by a separate finding issued by EPAon April 25, 2005 (70 FR21147) . Furthermore, EPA interprets the section 110(a)(2)(J) provision on visibility as not being triggered by a new

NAAQS because the visibility requirements in Part Care not changed by a new NAAQS.

Does the Maine Infrastructure Submittal Meet the Requirements under Section 110(a)(1)5

and (2) for the 1997 8-hour ozone NAAOS? The ME DEP, January 2008 submittal, for the section 110(a)(2) infrastructure elements lists specific provisions ofthe MRSA, the Code of Maine Regulations (CMR) and the MaineAir Pollution SIP and show how the provisions of these laws and regulations meet the appropriate section 110 requirements as outlined in EPA's October 2, 2007 guidance. The specific sections of 110are listed below, followed by a discussion of how the ME DEPsubmission meets these requirements. A . Emission limits and other control measures: Section 110(a)(2)(A) requires SIPs to include enforceable emission limits and other control measures, means or techniques, schedules for compliance and other related matters. EPAnotes that the specific nonattainment area plan requirements ofSection 110(a)(2)(I) are subject to the timing requirement of Section 172, notthe timing requirement of Section 110(a)(1) . In this action, EPAis not proposing to approve or disapprove any existing state provisions with regard to excess emissions during startup, shutdown, or malfunction (SSM) ofoperations at a facility. EPAbelieves that a number of states have SSM

provisions that are contrary to the Clean Air Act and to existing EPAguidance,l and the Agency plans to address such state regulations in the future. In the meantime, EPAencourages any State having a deficient SSM provision to take steps to correct it as soon as possible In addition, in this action, EPA is not proposing to approve or disapprove any existing state rules with regard to director's discretion or variance provisions. EPAbelieves that a number ofstates have such provisions that are contrary to the CleanAir Act and existing EPAguidance (52 FR45109 (November 24, 1987)), and the Agency plans to take action in the future to address such state regulations. In the meantime, EPAencourages any State having a director's discretion or variance provision that is contrary to the Clean Air Act and EPAguidance to take steps to correct the deficiency as soon as possible. ME DEP's response to this requirement : TheJanuary 2008 submittal cites an overview

ofthe MRSAand the CMR . The relevant Maine air quality laws and regulations for this component ofthe 110SIP are as follows: 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 ' Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, Assistant Administrator forAir and Radiation . "State Implementation Plans (SIPs) : Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown." Memorandumto EPAAir Division Directors, August 11, 1999.6 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 of emission 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 ajust and equitable manner the amount and type ofair contaminants which may be emitted to the ambient air within a region. Such emission standards shall be designed to prevent air pollution and to achieve and maintain the ambient air quality standards within the region in which applicable. 

### 38 MRSA§585-A

. Establishment 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: After ambient air quality standards and emission standards have been established within a region, the board may by rule provide that a person may not operate, maintain or modify in that region any air contamination source or emit any air contaminants in that region without an air emission license from the department . Specific emissions limits and the framework for implementation of those limits are found in the following ME regulations: 06-096 CMRChapter 100 Definitions Regulation 

### 06-096 CMRChapter 110 Ambient Air Quality Standards 06-096 CMRChapter 111 PetroleumLiquid Storage Vapor Control 06-096 CMRChapter 112PetroleumLiquids Transfer Vapor Recovery 06-096 CMRChapter 113 Growth Offset Regulation 06-096 CMRChapter 114Classification ofAir Quality Control Regions 06-096 CMRChapter 115 Major and Minor Source Air Emission License Regulations 06-096 CMRChapter 116Prohibited Dispersion Techniques 06-096 CMRChapter 117 Source surveillance 06-096 CMRChapter 118 Gasoline Dispensing Facilities Vapor Control 06-096 CMRChapter 119 Motor Vehicle Fuel Volatility Limit 06-096 CMRChapter 120 Gasoline Tank Truck Tightness Self-Certification 06-096 CMRChapter 123 Paper Coating Regulation7 06-096 CMRChapter 126 Capture Efficiency Test Procedures 06-096 CMRChapter 127 New Motor Vehicle Emission Standards 06-096 CMRChapter 129 Surface Coating facilities 

### 06-096 CMRChapter 130 Solvent Degreasers 06-096 CMRChapter 131 CutbackAsphalt and Emulsified Asphalt 06-096 CMRChapter 132 Graphic Arts-Rotogravure and Flexography 06-096 CMRChapter 133 PetroleumLiquids Transfer Vapor Recovery at Bulk Gasoline Plants 06-096 CMRChapter 134 Reasonably Available Control Technology for Facilities that Emit Volatile Organic Compounds 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 141 Conformity ofGeneral Federal Actions 06-096 CMRChapter 145 NOx Control Program 06-096 CMRChapter 148 Emissions fromSmaller-Scale Electric Generating Resources 06-096 CMRChapter 151 Architectural and Industrial Maintenance (AIM) Coatings 06-096 CMRChapter 152 Control of Emissions ofVolatile Organic

Compounds FromConsumer Products 06-096 CMRChapter 153 Mobile Equipment Repair and Refinishing 06-096 CMRChapter 155 Portable Fuel Container Spillage Control EPAanalysis: The ME regulations listed above were previously approved by EPA (see Appendix) . ME DEP's January 2008 submittal meets the requirements of CAASection 110(a)(2)(A) . B . Ambient air quality monitoring/data system : Section 110(a)(2)(B) requires SIPs to include provisions to provide for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPAupon request. ME DEP's response to this requirement : Maine's initial SIP, containing provisions for an ambient air quality monitoring and data analysis systemwas approved on October 28, 1972. This air monitoring network plan has been subsequently updated, withthe most recent submittal on June 30, 2010 . Maine DEPoperates a comprehensive ambient air quality monitoring and data analysis programfor all required NAAQS through 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 Air Quality System(AQS) within 90 days ofthe end ofeach quarter. EPAanalysis: ME's latest annual air monitoring network plan submitted on June8 30, 2010 was approved by EPAon July 7, 2010 . ME DEP's air monitoring program meets the requirements of CAASection 110(a)(2)(B) . C . Program

for enforcement of control measures : Section 110(a)(2)(C) requires states to include a programproviding for enforcement ofall SIPmeasures and the regulation ofconstruction of new or modified stationary sources including a programto meet PSDand nonattainment New Source Review

requirements. The requirements ofsection 110(a)(2)(C) that pertain to having an adequate NSR permit programin Part DTitle I of the CAAare to be addressed separately and are not being addressed in this infrastructure SIP action. (This is similar to treatment of nonattainment requirements under section 110(a)(2)(I) .) This proposed action does not take any action to approve or disapprove any state rules with regard to NSRreformrequirements. EPAwill act on NSRreform submittals through a separate rulemaking process. EPA has determined that Maine's minor new source reviewprogram(see CMR Chapter 115) adopted pursuant to section 110(a)(2)(C) ofthe Act regulates emissions ofozone and its precursors. EPAhas also determined that certain provisions of several state's minor new source reviewprograms adopted pursuant to section 110(a)(2)(C) ofthe Act likely do not meet all the requirements found in EPA's regulations implementing that provision. See 40CFR51 .160 - 51 .164. EPA previously approved the state's minor NSRprogram into the SIP, and there was at the time no objection to the provisions ofthis program . (See 45 FR6786, Jan. 30, 1980) . Since then, the state and EPAhave relied on the existing state minor NSRprogram

to assure that new

and modified sources not captured by the major NSRpermitting programs do not interfere with attainment and maintenance of the NAAQS

. In this action, EPAis proposing to approve Maine's infrastructure SIP for ozone with respect to the general requirement in section 110(a)(2)(C) to include a program in the SIPthat regulates the modification and construction ofany stationary source as necessary to assure that the NAAQS are achieved. EPAis not proposing to approve or disapprove the state's existing minor NSRprogram itselfto the extent that it is inconsistent with EPA's regulations governing this program . EPAbelieves that a number ofstates may have minor NSRprovisions that are contrary to the existing EPAregulations for this program . EPA intends to work with states to reconcile state minor NSRprograms with EPA's regulatory provisions for the program . The statutory requirements ofsection 110(a)(2)(C) provide for considerable flexibility in designing minor NSRprograms, and EPA believes it may be time to revisit the regulatory requirements for this program to give the states an appropriate level offlexibility to design a program that meets their particular air quality concerns, while assuring reasonable consistency across the country in protecting the NAAQSwith respect to new and modified minor sources. ME DEP's response to this requirement: 38 MRSA § 347-Aand C, 38 MRSA

### 9 §348, 38 MRSA §349 ofthe MRSA provide DEP with civil and criminal enforcement authorities, including the authority to assess penalties. Finally, CMRChapter 100Definitions and Regulations and CMRChapter 115 Emission License Regulation, contains the regulations for NSR . EPAanalysis : EPApreviously noted that there was a deficiency in Maine's PSD program because the state does not have adequate resources to implement the PSDpermitting program with respect to GHGemissions. (See 75 FR 82536, December 30, 2010) . Maine DEP has adopted revisions to its program to address this deficiency, but has not yet submitted these rules to EPA . In that same December 30, 2010action, EPA issued a SIPerror correction withdrawing EPA's approval of Maine's PSDprogram to the extent it applies to increases in GHG emissions below

the thresholds in EPA's tailoring rule revisions to the federal PSDprogramin the so-called "narrowing rule." Ibid. On March 10, 2011, Maine submitted a letter to EPAstating that in evaluating its section I 10infrastructure submittal, EPAshould consider the state's PSDprogramas currently approved in the SIP and as corrected by EPA's December 30, 2010narrowing rule. Therefore, EPA is proposing to fully approve this element for Mainefor the purposes of meeting the infrastructure requirements ofsection 110(a)(2)(C) . EPAwill address how

the state's newly adopted PSDrules implement GHGrequirements in a separate action. D . Interstate transport : Section 110(a)(2)(D) requires SIPs to include provisions prohibiting any source or other type ofemissions activity in one state from contributing significantly to nonattainment, or interfering with maintenance of the NAAQS in another state, or frominterfering with measures required to prevent significant deterioration ofair quality or to protect visibility in another state. As noted above, this action does not address infrastructure elements related to section 110(a)(2)(D)(i) . Interstate and International transport provisions: Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with the applicable requirements ofsections 126 and 115 (relating to interstate and international pollution abatement) . Specifically, section 126(a) requires new or modified sources to notify neighboring states ofpotential impacts fromthe source. EPAanalysis : Maine is required to give notice ofdraft PSDpermits that meet the requirements in our regulations. Maine Chapter 115 Section IX (E)(3) (which is in the SIP), requires the state to provide a "copy ofthe public notification and a copy ofthe draft order to the U .S. Environmental Protection Agency, Region I, the chiefexecutives ofthe municipality and county where the source proposes to locate, any comprehensive land use planning agency, and any State, Federal Land Manager, or Indian Governing Body whose lands may be affected by emissions10 fromthe source or modification." The State also has no pending obligations under section 115 or 126(b) ofthe Act. Maine's SIP meets the requirements of CAA section 110(a)(2)(D)(ii) . E. Adequate resources: Section 110(a)(2)(E) requires states to provide for adequate personnel, funding, and legal authority under state law to carry out its SIP and related issues. ME DEP's response to this requirement: The January 2008 submittal cites an overview

ofthe MRSA and the SIP . The relevant air quality laws and regulations for this component ofthe 110 SIPare as follows: 

### 38 MRSA §341-A. Department of Environmental Protection: There is established a Department of Environmental Protection, in this Title called the "department ." 1 . Purpose. The department shall prevent, abate and control the pollution of the air, water and land and preserve, improve and prevent diminution of the natural environment 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 of the Board of Environmental Protection, in the 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 thejoint standing committee ofthe 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. 1-B . Rulemaking. Subject to the MaineAdministrative 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 forthe conduct of its business. The department shall identify in its regulatory agenda, when feasible, aproposed11 rule or provision ofa proposed rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists. During the consideration of any proposed rule by the board, when feasible, and using information available to it, the department shall identify provisions ofthe proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by the federal standard, ifsuch a federal standard exists, and shall explain in a separate section ofthe basis statement the justification for the difference between the agency rule and the federal standard. 38 MRSA §342. Commissioner, duties: The Commissioner of Environmental Protection shall have the following duties: 1-A . Administration ofdepartment. The commissioner is the chiefadministrative officer ofthe department and responsible for all administrative matters ofthe 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 of the 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, staffof the department does not include staffofthe board. 

### 38 MRSA §581 . Declaration of findings and intent : The Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that such air pollution is potentially and in some cases actually dangerous to the health ofthe citizenry, often causes physical discomfort, injury to property and property values, discourages recreational and other uses of the state's resources and is aesthetically unappealing. The Legislature by this chapter intends to exercise the police power ofthe State in a coordinated state-wide program to control present and future sources of emission ofair contaminants to the end that air polluting activities of every type shall be regulated in a manner that reasonably insures the continued health, safety and general welfare ofall ofthe citizens ofthe State; protects property values and protects plant and animal life. Nothing in this chapter is intended, nor shall be construed, to limit, impair, abridge, create, enlarge or otherwise affect, substantively or procedurally, the right of any person to damage or other relief on account of injury to persons or property due to violation ofair quality standards or emission standards and to maintain any action or other appropriate procedure therefore; nor to so affect the12 powers ofthe State to initiate, prosecute and maintain actions to abate public nuisances. Chapter 8 of Maine's initial SIP, documenting the existence ofadequate resources was approved on October 28, 1972. For FY 2007, the Bureau ofAir Quality had a staffof 59, and a budget of $5.5 million . EPAanalysis: EPAhas reviewed the above Laws and Regulations and has determined that the ME DEP's resources meet the requirements of CAASection 110(a)(2)(E) . EPApreviously noted that there was a deficiency in Maine's PSD programbecause the state does not have adequate resources to implement the PSDpermitting programwith respect to GHGemissions. (See 75 FR 82536, December 30, 2010) . Maine DEP has adopted revisions to its program to address this deficiency, but has not yet submitted these rules to EPA . Inthat same December 30, 2010action, EPAissued a SIP error correction withdrawing EPA's approval of Maine's PSDprogramto the extent it applies to increases in GHG emissions below

the thresholds in EPA's tailoring rule revisions to the federal PSDprogramin the so-called "narrowing rule." Ibid. On March 10, 2011, Maine submitted a letter to EPAstating that in evaluating its section 110 infrastructure submittal, EPAshould consider the state's PSDprogram as currently approved in the SIP and as corrected by EPA's December 30, 2010 narrowing rule. Therefore, EPA is proposing to fully approve this element for Mainefor the purposes of meeting the infrastructure requirements ofsection 110(a)(2)(E) . EPAwill address how the state's newly adopted PSDrules implement GHGrequirements in a separate action. F. Stationary source monitoring system : Section 110(a)(2)(F) requires states to establish a systemto monitor emissions fromstationary sources and to submit periodic emission reports. ME DEP's response to this requirement: The January 2008 submittal cites an overviewof the CMR

. The relevant Maine air quality regulations for this component of the 110 SIP are as follows: 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) Adescription ofall required monitoring and analysis procedures or test methods required under the requirements applicable to the source. (b) A description of all recordkeeping requirements. (c) Adescription ofall reporting requirements.13 06-096 CMRChapter 117 Source Surveillance This regulation specifies which air emission sources are required to operate continuous emission monitoring systems (CEMS), and details the performance specifications, quality assurance 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 40CFRpart 70 : 06-096 CMRChapter 140Part 70 Air Emission License Regulations This regulation identifies the sources ofair emissions that require a Part 70 air emission license and incorporates the requirements ofTitle IVand Title Vof the Clean Air Act, as amended, 42 U.S.C. 7401, et seq. ; and 38 MRSA, Section 344 and Section 590

. This regulation contains compliance assurance requirements for licensed sources requiring a Part 70 air emission license. EPAanalysis: EPAhas reviewed the above Rules and Regulations and has determined that ME DEP's submittal meets the requirements of CAASection 110(a)(2)(F) . The regulations in Chapters 115 and 117 have been approved into the Maine SIP. (See Appendix.) While Chapter 140is 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 . G . Emergency power: Section 110(a)(2)(G) 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 January 2008 submittal cites an overview

ofthe MRSA and the CMR . The relevant Maine air quality laws and regulations for this component of the 110SIP are as follows: 38 MRSA §347-A(3) Emergency Orders: Whenever it appears to the commissioner, after investigation, that there is a violation ofthe laws or regulations the department administers or ofthe 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 . Service ofa copy of the commissioner's findings and order must be made by the sheriffor deputy sheriffor by hand delivery by an authorized representative of the department in accordance with the Maine Rules of Civil Procedure. In the event that the persons are so numerous that the specified method14 ofservice is a practical impossibility or the commissioner is unable to identify the person or persons causing or contributing to the hazard, the commissioner shall make the order known through prominent publication or announcement in news media serving the affected area. The person to whom

the order is directed shall comply with the order immediately. The order may not be appealed to the Superior Court in the manner provided in section 346, but within 48 hours after receipt ofthe order the person may apply to the board for a hearing on the order. Within 7 working days after receipt ofthe application, the board shall hold a hearing, make findings offact andvote on a decision that continues, revokes or modifies the order. That decision must be in writing and signed by the board chair using any means for signature authorized in the department's rules and published within 2 working days after the hearing and vote. The nature ofthe hearing is an appeal . At the hearing, all witnesses must be sworn and the commissioner shall first establish the basis for the order and for naming the person to whom the order was directed. The decision ofthe board may be appealed to the Superior Court in the manner provided by section 346

. 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 ofpersons, by restricting emissions during periods ofair pollution emergencies. For ozone the level is 0 .5 ppm, 1 hour average, EPAanalysis : As noted in EPA's October 2, 2007 guidance, the significant harmlevel for the 8-hour ozone NAAQS shall remain unchanged at 0 .60ppm ozone, 2 hour average, as indicated in 40 CFRPart 51 .151 . EPAbelieves that the existing ozone-related provisions of40 CFRSubpart Hremain appropriate. Maine's CMRChapter 109which has been approved by EPA (see Appendix) is consistent withthe requirements of 40 CFR51 .153. Maine's submittal meets the requirements of CAAsection 110(a)(2)(G) . H . Future SIP revisions: Section 110(a)(2)(H) 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 EPAfinding that the SIP is substantially inadequate. ME DEP's response to this requirement: The January 2008 submittal cites an overview

ofthe MRSA

. The relevant Maine air quality laws for this component ofthe 110 SIPare as follows: 38 MRSA §341-D

. Board responsibilities and duties states, in relevant part : 1-B . Rulemaking. _Subject to the MaineAdministrative ProcedureAct, the board shall adopt, amend or repeal reasonable rules and emergency rules necessary for the interpretation, implementation and enforcement of any provision of law that15 the department is charged with administering. The board shall also adopt, amend and repeal rules as necessary for the conduct of its business. The department shall identify in its regulatory agenda, when feasible, a proposed rule or provision ofa proposed rule that is anticipated to be more stringent than the federal standard, if an applicable federal standard exists. During the consideration ofany proposed rule by the board, when feasible, and using information available to it, the department shall identify provisions of the proposed rule that the department believes would impose a regulatory burden more stringent than the burden imposed by the federal standard, if such a federal standard exists, and shall explain in a separate section ofthe basis statement the justification forthe difference between the agency rule and the federal standard. Notwithstanding Title 5, chapter 375, subchapter II, the board shall accept and consider additional public comment on a proposed rule following the close of the formal rule-making comment period at ameeting that is not a public hearing only if the additional public comment is directly related to comments received during the formal rule-making comment period or is in response to changes to the proposed rule. Public notice ofthe meeting must comply with Title 1, section 406 and state that the board will accept additional public comment on the proposed rule at that meeting. EPAanalysis: ME DEP's submittal meets the requirements of CAASection 110(a)(2)(H) . In addition, it should be notedthat the ME DEPhas made numerous SIP revisions for both the previous 1-hour ozone standard and the revised 1997 8- hour ozone NAAQS. (see Appendix) . I . Areas designated nonattainment and meet the applicable requirements of part D .EPAanalysis: There are two elements identified in section 110(a)(2) not governed by the 3 year submission deadline ofsection 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are not duewithin 3 years after promulgation ofa new or revised NAAQS, but rather due at the time of the nonattainment area plan requirements are due pursuant to section 172 . These requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection refers to a permit programas required in part DTitle I of the CAA, and (ii) submissions required by section 110(a)(2)(I) which pertain to the nonattainment planning requirements of part D, Title I ofthe CAA . As a result, this action does not address infrastructure elements related to section 110(a)(2)(C) with respect to nonattainment NSRor section 110(a)(2)(1) . J . 1 . Consultation with government officials: 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

### 16 121 relating to consultation. ME DEP's response to this requirement: The January 2008 submittal cites an overviewofthe MRSA and the CMR . The relevant Maine air quality laws and regulations for this component ofthe 110SIP are as follows: 38 MRSA §342. Commissioner, Duties ; 38 MRSA §342 (1-A). Administration of Department ; and 38 MRSA §342 (3-A) . Negotiating Agreements 06-096 Chapter 114Classification of Air Quality Control Regions Section 1(E) ofthis rule states, in relevant part: Prior to the proposal ofany redesignation the Board shall hold a public hearing which shall be conducted in the area proposed to be redesignated. Prior to the public hearing a report shall be made available with a description and analysis of health, environmental, economic, social and energy impacts of the proposed redesignation. Should the area proposed for redesignation include or be deemed to affect federally owned lands, the Board shall consult with the appropriate federal land managerprior 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 athirty (30) days public comment period. EPAanalysis : Maine's Chapter 114 and 115, have been approved by EPA (see Appendix) . ME DEP's submittal meets the requirements of CAASection 110(a)(2)(J) for consultation with government officials. 2 . Public notification: Section 110(a)(2)(J) further requires states to notify the public if NAAQS are exceeded in an area and to enhance public awareness of measures that can be taken to prevent exceedances. ME DEP's response to this requirement: TheJanuary 2008 submittal cites an overview

ofthe CMRand the Maine SIP . The relevant Maine air quality regulations for this component ofthe 110SIP are as follows:

### 17 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 ground-level ozone concentrations by a toll-free ozone information telephone hot line. Maine continues to issue daily air quality forecasts and advisories pursuant to its Performance Partnership Agreement Chapter 4 of Maine's initial SIP, approved on October 18, 1972, contains provisions for public notification in the event ofa NAAQS exceedence. Chapter 9ofOctober 18, 1972 SIPcontains provisions for intergovernmental cooperation with federal and state government entities. EPAanalysis : 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 submittal meets the requirements of CAASection 110(a)(2)(J) for public notification. 3 . PSDandvisibility protection: Section 110(a)(2)(J) also requires states to meet applicable requirements of Part Crelated to prevention ofsignificant deterioration andvisibility protection. EPA interprets this section 110provision on visibility as not being "triggered" by a new NAAQS because the visibility requirements in part Care not changed by a new NAAQS ME DEP's response to this requirement: TheJanuary 2008 submittal cites an overview

ofthe MRSA and the CMR . The relevant Maine air quality laws and regulations for this component ofthe 110SIP are as follows: 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.18 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 of any proposed new major source or major modification to demonstrate that any increased emissions froma proposed facility or expansionwould not significantly deteriorate air quality, regardless of where these emissions may travel . Proposed facilities subject to Maine's PSD licensing requirements must therefore assess PSDincrement consumption in Maine as well as adjacent or downwind states. The NSRprogramin Maine is implemented through the Chapter 100Definitions Regulation whichwas approved into the SIP on October 15, 1996, the Chapter 113 Growth Offset Regulation which was approved into the SIP on February 14, 1996, and the Chapter 115 Major and Minor Source Air Emission License Regulations whichwere approved into the SIP by EPA on February 14, 1996. Although these rules have been amended several times since being incorporated into the SIP, these revisions did not change any ofthe major source permitting requirements, and the current state regulations are consistent with the SIPapproved versions for the purposes of implementing the New Source Review program . EPAanalysis: As noted above, the relevant Maine regulations have been approved into the SIP. (Also, see the Appendix.) However, as noted above, EPA previously noted that there was a deficiency in Maine's PSDprogram because the state does not have adequate resources to implement the PSDpermitting program with respect to GHGemissions. (See 75 FR 82536, December 30, 2010) . Maine DEPhas adopted revisions to its program to address this deficiency, but has not yet submitted these rules to EPA . Inthat same December 30, 2010 action, EPA issued a SIP error correction withdrawing EPA's approval of Maine's PSD program to the extent it applies to increases in GHGemissions below the thresholds in EPA's tailoring rule revisions to the federal PSDprogramin the socalled "narrowing rule." Ibid. On March 10, 2011, Maine submitted a letter to EPAstating that in evaluating its section 110 infrastructure submittal, EPAshould consider the state's PSDprogram as currently approved in the SIP and as corrected by EPA's December 30, 2010 narrowing rule. Therefore, EPA is proposing to fully approve this element for Maine for the purposes of meeting the infrastructure requirements ofsection 110(a)(2)(J) . EPAwill address how the state's newly adopted PSDrules implement GHGrequirements in a separate action. K . Air quality and modeling/data: Section 110(a)(2)(K) requires that SIPs provide for performing air quality modeling for predicting effects on air quality of emissions fromany NAAQS pollutant and submission ofsuch data to EPAupon request.

### 19 ME DEP's response to this requirement: The January 2008 submittal cites an overviewofthe CMR

. The relevant Maine air quality laws and regulations for this component ofthe 110SIP are as follows: 06-096 CMRChapter 115 Major and Minor Source Air Emission License Regulations Section 7 of Chapter 115 : 7. Ambient Air Quality Analysis A . General . It shall be the burden ofany applicant to provide an affirmative demonstration that its emissions, in conjunction with all other sources, will not violate ambient air quality standards, established pursuant to Chapter 110 of the Department's Regulations, except that sources in nonattainment areas or which significantly impact a nonattainment area shall be required to demonstrate that the source's emissions are consistent with Reasonable Further Progress provisions ofthe State Implementation Plan. An applicant may use ambient air monitoring, modeling, or other assessment techniques as approved by the Department . New

Source Review

modeling required pursuant to Subsection 7(C and D) ofthis Chapter shall be consistent with EPAregulations and guidelines or other requirements under the CAA . The analyses shall include relevant emissions units at the source, meteorological and topographical data necessary to estimate such impacts, and shall consider the impact offugitive emissions, to the extent quantifiable, secondary emissions, and emissions fromother existing sources including increases in mobile and area source emissions impacting the same area. The level of analysis shall depend upon the size ofthe source, the regulated air pollutants emitted, existing air quality, proximity to Class I or nonattainment areas, or areas where increment has been substantially consumed. (For the purposes ofthis Subsection, the Class I area shall include any conservation easements under thejurisdiction ofan appropriate Federal Land Manager, as ofAugust 7, 1977.) The air quality impact analysis, in general, will not be required ofthe applicant for those regulated pollutants that are not listed under "significant emissions increase" in Chapter 100ofthe Department's regulations. The analysis shall be conducted in accordance with the provisions of Subsection 7(E) ofthis Chapter, Chapter 116 of the Department's regulations and Appendix W

to 40 CFR Part 51 - Guideline on Air Quality Models. Air quality modeling conducted as part ofthe licensing ofa new source or modification in the United States is substantially governed by the Appendix W to 40 CFRPart 51 - Guideline on Air Quality Models. That modeling guidance was first promulgated in 1978 and by law, must be routinely updated by EPA . Thus, federal regulatory guidance on modeling and the list ofacceptable models do20 change. The Department recognizes that air dispersion modeling guidance will be periodically updated, to reflect the latest federal guidance. To maintain an orderly licensing process in the State, applicants will be required to conformwith those procedures and guidelines in effect at the time of Department approval ofa written modeling protocol that meets all applicable requirements, and to complete modeling; as approved, and submit results within six (6) months ofthe date of approval ofthe protocol . If the protocol calls for collection ofon-site meteorological data, then the starting date for the on-site data collection must be no later than 6 months after approval ofthe protocol and modeling results must be submitted within six (6) months ofobtaining acceptable on-site meteorological monitoring data. Requests by the applicant to modify the modeling protocol will require conformance with current applicable air dispersion modeling guidance. 06-096 Chapter 116Prohibited 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. EPAanalysis: EPApreviously approved Maine's Chapters 115 and 116 (see Appendix) . In addition, the Maine DEP has broad discretionary power in the performance of its duties. This broad discretion is provided by statute at a number of locations, but the most relevant include 38 MRSA §341-Aand 38 MRSA §581 . MRSA §341-Aand 38 MRSA §581 gives the ME DEP broad powers to conduct air quality modeling. Mainewas not required to submit an 8- hour ozone attainment demonstration, because the 1997 8-hour ozone nonattainment areas in Maine where not classified as moderate or higher . In addition, Maine is a member of, and participates in the ozone attainment demonstration modeling efforts conducted by, the Ozone Transport Commission. ME DEP's infrastructure submittal meets the requirements of CAASection 110(a)(2)(K) . L. Permitting fees : Section 110(a)(2)(L) requires SINto 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 ofthe state's Title Voperating permit program . ME DEP's response to this requirement: TheJanuary 2008 submittal cites the MRSA . The relevant Maine air quality laws for this component ofthe 110SIP are as follows: 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 airpollutants, except for carbon monoxide, as

### 21 follows: Annual licensed emissions in tons. Per ton fee 1-1,000 $5 1,001 - 4,000 $10 over 4,001 $15 38 MRSA§§ 353-A(lA) states: Annual fee surcharge. Beginning November 1, 1994, a licensee shall pay an annual fee surcharge of $10 per every 1,000 air quality units as defined in 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-Aand the maximum

and minimum

fees set forth in subsection 4 on an annual basis according to the United States Consumer Price Index established by the federal Department of Labor, Bureau of Labor Statistics. EPAanalysis: Maine's title Vprogram was granted full approval on December 17, 2001 . EPA's full approval of Maine's title Vprogram became effective on December 17, 2001 . Before EPA can grant full approval, the state must demonstrate the ability to collect adequate fees. On October 23, 1995, Maine submitted a detailed fee demonstration in accordance with 40 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 fromnew

Title Vsources, which meets the requirements of section 110(a)(2)(L) . ME DEP's submittal meets the requirements of CAASection 110(a)(2)(L) . M . Consultation/participation by affected local entities : Section 110(a)(2)(M) 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: TheJanuary 2008 submittal cites an overview

ofthe MRSA and the Maine SIP . The relevant Maine air quality laws and regulations for this component ofthe 110SIP are as follows: 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 of the State. Municipalities may study air pollution and adopt and enforce air pollution control and abatement ordinances, to the extent that these ordinances are not less stringent than this chapter or than any standard, order or other action promulgated pursuant to this chapter. Local ordinance provisions which touch on matters not dealt with by this chapter or which are more stringent than this chapter

### 22 shall bind persons residing in the municipality. Chapter 9of Maine's initial SIP, whichwas approved on October 28, 1972, contains intergovernmental cooperation provisions. EPAanalysis: ME DEP's submittal meets the requirements of CAASection 110(a)(2)(M) . RECOMMENDATION Maine's January 3, 2008 submittal, includes a detailed description of how Maine's laws and regulations meet each ofthe CAAinfrastructure SIP elements for the 1997 8-hour ozone standard. The Maine submittal generally meets the requirements of the CAAthe guidance issued by EPAas outlined in this TSD . Therefore, EPAshould approve Maine's submittal as meeting the requirements ofsections 110(a)(2)(A), (B), (C), (D)(ii), (E), (F), (G), (H), (J), (K), (L), and (M). As noted above, this action does not address the nonattainment provisions of 110(a)(2)(C) and (I), does not address section 110(a)(2)(D)(i), and does not address the visibility provisions of 110(a)(2)(J) . EPAshould not take action on the following elements of the Maine SIP: o Any startup, shutdown, and malfunction provisions contrary to the Act; o Any directors discretion or variance provisions contrary to the Act; and o Any elements ofthe minor NSRprogram that are inconsistent with EPA's regulations.Apnendix EPA-Approved MaineAir Quality Regulations for Ozone and Other Air Pollutants

State Title / Subject State EPA Explanations Citation Effective Approval Date Date Chapter 1 Regulations for the 05/20/1985 03/23/1993, Portions of Chapter 1

Processing of 58 FR 15422. Applications. Chapter 100 Definitions . 12/O1/2005 11/21/2007 Revised to add definitions 72 FR 65462

. associated with SIP submittals made between 7/19/95 and 12/1/05 Chapter 101 Visible Emissions. 10/10/1979 02/17/1982, 47 FR 6829. Chapter 102 Open Burning. 03/17/2005 02/21/2008, 73 FR 9459. Chapter 103 Fuel Burning 01/24/1983 02/26/1985,

Equipment 50 FR 7770 . Particular Emission Standard. Chapter 104 Incinerator 01/31/1972 05/31/1972,

Particulate 37 FR 10842 . Emission Standard . Chapter 105 General Process O1/31/1972 05/31/1972,

Source Particulate 37 FR 10842 . Emission Standard. Chapter 106 Low Sulfur Fuel 02/08/1978 01/08/1982, Regulations. 47 FR 947. Chapter 107 Sulfur Dioxide O1/31/1972 05/31/1972,

Emission Standards 37 FR 10842. for Sulfate Pulp Mills. Chapter 109 Emergency Episode 08/14/1991 01/12/1995,

Regulation. 60 FR 2885. Chapter 110 Ambient Air Quality 07/24/1996 03/22/2004, Adopts PSD increments based on

Standards. 69 FR 13227. PM10, in place of increments based on TSP . Chapter 111 PetroleumLiquid 09/27/1989 02/03/1992,

Storage Vapor 57 FR 3946. Control .2

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

Terminals. 31 FR 53636. Chapter 113 Growth Offset 06/22/1994 02/14/J.996, Part of NewSource Review

Regulation. 61 FR 5690. Program Chapter 114 Classification of Air 04/27/1994 08/30/1995, Revision to Remove Presque Isle

Quality Control 60 FR 45056. as nonattainment for PMlo. Regions. Chapter 115 Emission License 06/22/1994 02/14/1996, Part of New Source Review Regulation. 61 FR 5690. Program Chapter 116 Prohibited 10/25/1989 03/23/1993,

Dispersion 58 FR 15422. Techniques. Chapter 117 Source 08/09/1988 03/21/1989,

Surveillance. 54 FR 11524. Chapter 118 Gasoline 07/19/1995 10/15/1996, Stage II vapor recovery

Dispensing 61 FR 53636 . requirements added. Facilities . Chapter 119 Motor Vehicle Fuel 06/01/2000 03/06/2002, Controls fuel volatility in the state.

Volatility Limit. 67 FR 10099 . 7.8 psi RVP fuel required in 7 southern counties . Chapter 120 Gasoline Tank 06/22/1994 06/29/1995,

Trucks . 60 FR 33730 . Chapter 123 Paper Coater 09/27/1989 02/03/1992, The operating permits for S.D.

Regulation. 57 FR 3946 . Warren of Westbrook, Eastern Fine Paper of Brewer, and Pioneer Plastics of Auburn incorporated by reference at 40 CFR § 52.1020 (c)(li), (c)(il), and (c)(18), respectively, are withdrawn. Chapter 126 Capture Efficiency 05/22/1991 03/22/1993,

Test Procedures. 58 FR 15281 . Chapter 127 NewMotor Vehicle 12/31/2000 04/28/2005, Including Basis Statements and

Emission 70 FR 21959 . Appendix A

. Low emission vehicle Standards. program, with no ZEV requirements . Programachieves 90%of full LEV benefits. Chapter 129 Surface Coating O1/06/1993 06/17/1994, ---~ Facilities . 59 FR 31154 . Chapter 129 AopendixA Chapter 130 Solvent Cleaners. 06/17/2004 05/26/2005, 70 FR 30367. Chapter 131 Cutback and 01/06/1993 06/17/1994,

Emulsified Asphalt. 59 FR 31154 .Chapter Graphic Arts: 01/06/1993 06/17/1994,

132 Rotogravure and 59 FR

Flexography. 31154. Chapter Gasoline Bulk Plants. 06/22/1994 06/29/1995, 133 Chapter Reasonably Available 02/08/1995 134 Control Technology for

Facilities that Emit Volatile Organic Compounds. Chapter Emission Statements. 07/06/2004 137

Chapter Reasonably Available 08/03/1994 138 Control Technology for

Facilities that Emit Nitrogen Oxides. 60 FR 33730. 04/18/2000, Regulations fully approved for the 65 FR following counties : York, Sagadahoc, 20749. Cumberland, Androscoggin, Kennebec,

Knox, Lincoln, Hancock, Waldo, Aroostock, Franklin, Oxford, and Piscataquis. Regulation granted a limited approval for Washington, Somerset, and Penobscot Counties. 11/21/2007 Revised to incorporate changes required 72 FR by EPA's consolidated emissions reporting 65462 . rule. The entire rule is approved with the exception of HAPand greenhouse gas reporting requirements which were not included in the state's SIP revision request . 09/09/2002, Affects sources in York, Cumberland, 67 FR Sagadahoc, Androscoggin, Kennebec, 57148 . Lincoln, and Knox counties Chapter Transportation 09/19/2007 02/08/2008, 139 Conformity . 73 FR 7465. Chapter Conformity of General 04/19/2007 141 Federal Actions. 02/20/2008, Amendment to incorporate new fine 73 FR 9203. particulate matter provisions

Chapter 141 Supplement - Federal Register li/30/1993 and Federal Register 07/17/2006 General Conformity Rule Chapter NOx Control Program 06/21/2001 03/10/2005 _145 70 FR 11879 Chapter Emissions from 07/15/2004 05/26/2005 _148 Smaller-Scale Electric 70 FR

Generating Resources 30373 Chapter Architectural and 10/06/2005 03/17/2006 _151 Industrial Maintenance 71 FR

(AIM) Coatings 13767 Chapter Control of Emissions 08/19/2004 10/24/2005 152 of Volatile Organic 70 FR

Compounds from 61382 Consumer Products4

Chapter Mobile Equipment 02/05/2004 05/26/2005 153 70 FR 30367 Chapter Portable Fuel 07/14/2004 02/07/2005 155 Container Spillage 70 FR 6352

Control Vehicle Vehicle Inspection and 07/09/1998 O1/10/2001, "Maine Motor Vehicle Inspection Manual," I /M Maintenance. 66 FR 1871 . revised in 1998, pages 1-12 through 1-14, and page 2-14, D.i .g. Also, Authorizing legislation effective July 9, 1998 and entitled L.D. 2223, "An Act to Reduce Air Pollution from Motor Vehicles and to Meet Requirements of the Federal Clean Air Act ."