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 of the 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, EPA promulgated 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 of the NAAQS was changed from 0.12 parts 

per million (ppm) to 0.08 ppm. (See 62 FR 38856 .) The Clean Air Act (CAA) requires State 

Implementation Plans (SIPs) meeting the requirements of sections 110(a)(1) and (2) be submitted 

by states within 3 years after promulgation of a new 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 of the 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 EPA for a new or 

revised NAAQS, but the contents of that submission may vary depending upon the facts and 

circumstances. In particular, the data and analytical tools available at the time the State develops 

and submits the SIP for a new or revised NAAQS affects the content of the submission. The 

contents of such SIP submissions may also vary depending upon what provisions the State's 

existing SIP already contains . In the case of the 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) of the CAA requires, in part, that states submit to EPA plans to 

implement, maintain and enforce each of the NAAQS promulgated by EPA. EPA interprets this 

provision to require states to address basic SIP requirements including emission inventories, 

monitoring, and modeling to assure attainment and maintenance of the standards. By statute, 

SIPs meeting the requirements of Section 110(a)(1) and (2) are to be submitted by States within 

three years after promulgation of a new or revised standard . These SIPs are commonly called 

infrastructure SIPs. 

EPA issued 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 SIP already 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 of failure to submit related to the "infrastructure" requirements for the 1997 8-hour 

ozone standards. EPA entered into a consent decree with Earth Justice 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 of section 110(a)(2) for the 1997 8-hour ozone NAAQS by December 15, 

2007. Subsequently, EPA received an extension of the 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, EPA made 

completeness findings for each state based upon what the Agency received from each state as of 

January 7, 2008. 

On March 27, 2008, EPA published 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 of failure to submit for all or 

a portion of a State's SIP established a 24-month deadline for EPA to promulgate a Federal 

Implementation Plan (FIP) to address the outstanding SIP elements unless, prior to that time, the 

affected States submit, and EPA approves, the required SIPs. However, the findings of failure to 

submit did not impose sanctions, set deadlines for imposing sanctions, or set deadlines for 

imposing sanctions as described in section 179 of the CAA, because these findings do not pertain 

to the elements contained in the Title I part D plan for nonattainment areas as required under 

section 110(a)(2)(1) . Additionally, the findings of failure to submit for the infrastructure 

submittals is not a SIP call pursuant to section 110(k)(5). The findings that all or portions of a 

State's submission are complete establish a 12-month deadline for EPA to take action upon the 

complete SIP elements in accordance with section 110(k) . 

In July 2010, EPA entered 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 11 0(k)(2) of the CAA, (42 U.S .C . § 7410(k)(2)). 
What did Maine Submit? 

The State of Maine section 110 infrastructure submittal was received by EPA Region I on 

January 3, 2008, and the submittal was determined to be complete on April 28, 2008. The Maine 

January 2008 section 110 submittal demonstrates how the state, where applicable, has a plan in 

place that meets the requirements of Section 110 for the 1997 8-hour ozone NAAQS. This plan 

is incorporated into the current Maine Air Quality SIP, the Code of Maine Regulations (CMR) 

and/or the Maine Revised Statutes Annotated (MRSA). In accordance with the October 2, 2007, 

guidance document, no public hearing was necessary for Maine's 110 ozone infrastructure 

submittal, since all of the Maine Revised Statutes Annotated (Maine General Laws) and Maine 

air pollution control regulations, referenced in the submittal are publicly available, and all the 

ME DEP regulations, 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 DEP has 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 EPA and incorporated into the Maine SIP are shown in the Appendix of this TSD 

and are posted on the Internet at : http ://www epa 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" SIP requirements 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 of the NAAQS. The requirements that are the subject of this action are listed 

below with their corresponding CAA subsection and in EPA's October 2, 2007, memorandum 

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

Hour Ozone and PM2,5 National Ambient Air Quality Standards." 

. 

. 

. 

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) : 

11 0(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 of Significant Deterioration (PSD) and visibility 

" 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 

of section 110(a)(1) because SIPs incorporating necessary local nonattainment area controls are 

not due within 3 years after promulgation of a new or revised NAAQS, but rather due at the time 

of the nonattainment area plan requirements are due pursuant to CAA section 172. These 

requirements are: (i) Submissions required by section 110(a)(2)(C) to the extent that subsection 

refers to a permit program as required in part D Title 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 11 0(a)(2)(1) . 

EPA does not consider SIP requirements triggered by the nonattainment area mandates in part D 

of Title I of the CAA to be governed by the submission deadline of section 110(a)(1). 

Nevertheless, Maine has included some SIP provisions 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 of SIP revisions 

submitted in response to the infrastructure requirements of section 110(a)(2) and the 

nonattainment requirements of part D. 

For the purposes of this action, EPA is reviewing any rules originally submitted in response to 

part D solely for the purposes of determining 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 ; any judgment about whether those 

emission limits discharge the state's obligation to impose RACT under part D was or will be 

made separately, in an action reviewing those rules pursuant to the requirements of part 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 EPA on April 25, 2005 (70 FR 21147). 

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 C are not changed by a 

new NAAQS. 

Does the Maine Infrastructure Submittal Meet the Requirements under Section 110(a)(1) 
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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 of the MRSA, the Code of Maine Regulations (CMR) and the Maine Air 

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 110 are listed below, followed by a discussion of how the ME DEP submission 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. EPA notes that 

the specific nonattainment area plan requirements of Section 110(a)(2)(I) are 

subject to the timing requirement of Section 172, not the timing requirement of 

Section 110(a)(1). 

In this action, EPA is not proposing to approve or disapprove any existing state 

provisions with regard to excess emissions during startup, shutdown, or 

malfunction (SSM) of operations at a facility. EPA believes that a number of 

states have SSM provisions that are contrary to the Clean Air Act and to existing 

EPA guidance, l and the Agency plans to address such state regulations in the 

future . In the meantime, EPA encourages 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 . 

EPA believes that a number of states have such provisions that are contrary to the 

Clean Air Act and existing EPA guidance (52 FR 45109 (November 24, 1987)), 

and the Agency plans to take action in the future to address such state regulations. 

In the meantime, EPA encourages any State having a director's discretion or 

variance provision that is contrary to the Clean Air Act and EPA guidance to take 

steps to correct the deficiency as soon as possible . 

ME DEP's response to this requirement: The January 2008 submittal cites an 

overview of the MRSA and the CMR. The relevant Maine air quality laws and 

regulations for this component of the 110 SIP are as follows: 

38 MRSA §581. Declaration of findings and intent: The Legislature finds 

and declares that air pollution exists with varying degrees of severity within this 

State; that such air pollution is potentially and in some cases actually dangerous to 

the health of the citizenry, often causes physical discomfort, injury to property 

' Steven Herman, Assistant Administrator for Enforcement and Compliance Assurance, and Robert Perciasepe, 

Assistant Administrator for Air and Radiation. "State Implementation Plans (SIPs) : Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown." Memorandum to EPA Air Division Directors, August 11, 

1999. 
6 

and property values, discourages recreational and other uses of the state's 

resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the .police power of the State in 

a coordinated state-wide program to control present and future sources of 

emission of air contaminants to the end that air polluting activities of every type 

shall be regulated in a manner that reasonably insures the continued health, safety 

and general welfare of all of the citizens of the State; protects property values and 

protects plant and animal life . 

38 MRSA §585. Establishment of emission standards : The board may 

establish and may amend standards, herein called "emission standards", limiting 

and regulating in a just and equitable manner the amount and type of air 

contaminants which may be emitted to the ambient air within a region . Such 

emission standards shall be designed to prevent air pollution and to achieve and 

maintain the ambient air quality standards within the region in which applicable. 

38 MRSA §585-A. Establishment of standards : The board may 

establish and amend regulations to implement ambient air quality standards 

and emission standards . These regulations shall be designed to achieve and 

maintain ambient air quality standards and emission standards within any 

region and prevent air pollution. 

38 MRSA §590. Licensing : 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 CMR Chapter 100 Definitions Regulation 

06-096 CMR Chapter 110 Ambient Air Quality Standards 

06-096 CMR Chapter 111 Petroleum Liquid Storage Vapor Control 

06-096 CMR Chapter 112 Petroleum Liquids Transfer Vapor Recovery 

06-096 CMR Chapter 113 Growth Offset Regulation 

06-096 CMR Chapter 114 Classification of Air Quality Control Regions 

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

Regulations 

06-096 CMR Chapter 116 Prohibited Dispersion Techniques 

06-096 CMR Chapter 117 Source surveillance 

06-096 CMR Chapter 118 Gasoline Dispensing Facilities Vapor Control 

06-096 CMR Chapter 119 Motor Vehicle Fuel Volatility Limit 

06-096 CMR Chapter 120 Gasoline Tank Truck Tightness Self-Certification 

06-096 CMR Chapter 123 Paper Coating Regulation 
7 

06-096 CMR Chapter 126 Capture Efficiency Test Procedures 

06-096 CMR Chapter 127 New Motor Vehicle Emission Standards 

06-096 CMR Chapter 129 Surface Coating facilities 

06-096 CMR Chapter 130 Solvent Degreasers 

06-096 CMR Chapter 131 Cutback Asphalt and Emulsified Asphalt 

06-096 CMR Chapter 132 Graphic Arts-Rotogravure and Flexography 

06-096 CMR Chapter 133 Petroleum Liquids Transfer Vapor Recovery at 

Bulk Gasoline Plants 

06-096 CMR Chapter 134 Reasonably Available Control Technology for 

Facilities that Emit Volatile Organic Compounds 

06-096 CMR Chapter 137 Emission Statements 

06-096 CMR Chapter 138 Reasonably Available Control Technology for 

Facilities that Emit Nitrogen Oxides 

06-096 CMR Chapter 139 Transportation Conformity 

06-096 CMR Chapter 141 Conformity of General Federal Actions 

06-096 CMR Chapter 145 NOx Control Program 

06-096 CMR Chapter 148 Emissions from Smaller-Scale Electric Generating 

Resources 

06-096 CMR Chapter 151 Architectural and Industrial Maintenance (AIM) 

Coatings 

06-096 CMR Chapter 152 Control of Emissions of Volatile Organic 

Compounds From Consumer Products 

06-096 CMR Chapter 153 Mobile Equipment Repair and Refinishing 

06-096 CMR Chapter 155 Portable Fuel Container Spillage Control 

EPA analysis : The ME regulations listed above were previously approved by 

EPA (see Appendix). ME DEP's January 2008 submittal meets the requirements 

of CAA Section 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 EPA upon request. 

ME DEP's response to this requirement: Maine's initial SIP, containing 

provisions for an ambient air quality monitoring and data analysis system was 

approved on October 28, 1972 . This air monitoring network plan has been 

subsequently updated, with the most recent submittal on June 30, 2010. 

Maine DEP operates a comprehensive ambient air quality monitoring and data 

analysis program for all required NAAQS through a statewide network of air 

quality monitors, and maintains a database on these pollutants that are released 

from new and existing area, point and mobile sources. These data are reviewed 

in accordance with the Quality Assurance Project Plans (QAPPS) and submitted 

to Air Quality System (AQS) within 90 days of the end of each quarter. 

EPA analysis: ME's latest annual air monitoring network plan submitted on June 
8 

30, 2010 was approved by EPA on July 7, 2010. ME DEP's air monitoring 

program meets the requirements of CAA Section 110(a)(2)(B) . 

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

states to include a program providing for enforcement of all SIP measures and the 

regulation of construction of new or modified stationary sources including a 

program to meet PSD and nonattainment New Source Review requirements . The 

requirements of section 110(a)(2)(C) that pertain to having an adequate NSR 

permit program in Part D Title I of the CAA are 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 NSR reform requirements . EPA will act on NSR reform submittals 

through a separate rulemaking process. 

EPA has determined that Maine's minor new source review program (see CMR 

Chapter 115) adopted pursuant to section 110(a)(2)(C) of the Act regulates 

emissions of ozone and its precursors. EPA has also determined that certain 

provisions of several state's minor new source review programs adopted pursuant 

to section 110(a)(2)(C) of the Act likely do not meet all the requirements found in 

EPA's regulations implementing that provision. See 40 CFR 51 .160 - 51 .164. 

EPA previously approved the state's minor NSR program into the SIP, and there 

was at the time no objection to the provisions of this program. (See 45 FR 6786, 

Jan. 30, 1980). Since then, the state and EPA have relied on the existing state 

minor NSR program to assure that new and modified sources not captured by the 

major NSR permitting programs do not interfere with attainment and maintenance 

of the NAAQS. 

In this action, EPA is 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 SIP that regulates the modification and construction of any 

stationary source as necessary to assure that the NAAQS are achieved. EPA is 

not proposing to approve or disapprove the state's existing minor NSR program 

itself to the extent that it is inconsistent with EPA's regulations governing this 

program. EPA believes that a number of states may have minor NSR provisions 

that are contrary to the existing EPA regulations for this program. EPA intends to 

work with states to reconcile state minor NSR programs with EPA's regulatory 

provisions for the program. The statutory requirements of section 110(a)(2)(C) 

provide for considerable flexibility in designing minor NSR programs, and EPA 

believes it may be time to revisit the regulatory requirements for this program to 

give the states an appropriate level of flexibility to design a program that meets 

their particular air quality concerns, while assuring reasonable consistency across 

the country in protecting the NAAQS with respect to new and modified minor 

sources. 

ME DEP's response to this requirement: 38 MRSA § 347-A and C, 38 MRSA 
9 

§348, 38 MRSA §349 of the MRSA provide DEP with civil and criminal 

enforcement authorities, including the authority to assess penalties . 

Finally, CMR Chapter 100 Definitions and Regulations and CMR Chapter 115 

Emission License Regulation, contains the regulations for NSR. 

EPA analysis : EPA previously noted that there was a deficiency in Maine's PSD 

program because the state does not have adequate resources to implement the 

PSD permitting program with respect to GHG emissions. (See 75 FR 82536, 

December 30, 2010). 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, 2010 action, EPA issued a SIP error correction withdrawing EPA's 

approval of Maine's PSD program to the extent it applies to increases in GHG 

emissions below the thresholds in EPA's tailoring rule revisions to the federal 

PSD program in the so-called "narrowing rule ." Ibid. On March 10, 2011, Maine 

submitted a letter to EPA stating that in evaluating its section I 10 infrastructure 

submittal, EPA should consider the state's PSD program as currently approved in 

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

EPA is proposing to fully approve this element for Maine for the purposes of 

meeting the infrastructure requirements of section 110(a)(2)(C) . EPA will 

address how the state's newly adopted PSD rules implement GHG requirements 

in a separate action . 

D. Interstate transport: Section 110(a)(2)(D) requires SIPs to include provisions 

prohibiting any source or other type of emissions activity in one state from 

contributing significantly to nonattainment, or interfering with maintenance of the 

NAAQS in another state, or from interfering with measures required to prevent 

significant deterioration of air 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 

of sections 126 and 115 (relating to interstate and international pollution 

abatement). Specifically, section 126(a) requires new or modified sources to 

notify neighboring states of potential impacts from the source . 

EPA analysis : Maine is required to give notice of draft PSD permits 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 of the public notification and a 

copy of the draft order to the U.S. Environmental Protection Agency, Region I, 

the chief executives of the 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 emissions 
10 

from the source or modification ." The State also has no pending obligations under 

section 115 or 126(b) of the 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 of the MRSA and the SIP. The relevant air quality laws and regulations 

for this component of the 110 SIP are 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 of the State. The department shall protect and enhance the public's 

right to use and enjoy the State's natural resources and may educate the public on 

natural resource use, requirements and issues . 

2. Composition. The department shall consist of the Board of Environmental 

Protection, in the laws administered by the department called "board," and of a 

Commissioner of Environmental Protection, in the laws administered by the 

department called "commissioner." 

3 . Commissioner. The commissioner is appointed by the Governor, subject to 

review by the joint standing committee of the Legislature having jurisdiction over 

natural resource matters and to confirmation by the Legislature. 

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

the department may be issued by either the commissioner or the board subject to 

the provisions of section 341-D, subsection 2 ." 

38 MRSA §341-D. Board responsibilities and duties : The board is charged with 

the following duties and responsibilities . 

1-B. Rulemaking. Subject to the Maine Administrative Procedure Act, the board 

shall adopt, amend or repeal reasonable rules and emergency rules necessary for 

the interpretation, implementation and enforcement of any provision of law that 

the department is charged with administering. The board shall also adopt, amend 

and repeal rules as necessary for the conduct of its business . 

The department shall identify in its regulatory agenda, when feasible, a proposed 
11 

rule or provision of a 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 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 of the basis statement the 

justification for the difference between the agency rule and the federal standard . 

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

Protection shall have the following duties : 

1-A. Administration of department. The commissioner is the chief administrative 

officer of the department and responsible for all administrative matters of the 

department, except as otherwise specified. The commissioner shall assure that all 

determinations made by the staff of the department are promptly rendered. The 

commissioner shall resolve disputes between department staff and applicants with 

respect to any questions regarding requirements, interpretation or application of 

the laws, rules or department policy . In resolving disputes, the commissioner shall 

attempt to reach a fair and appropriate result given all of the circumstances of the 

issue and may utilize the services of such consultants or experts as the 

commissioner determines would be helpful to resolve any disputed issue. For 

purposes of this subsection and section 341-A, subsection 3, paragraph C, staff of 

the department does not include staff of the board. 

38 MRSA §581 . Declaration of findings and intent: 

The Legislature finds and declares that air pollution exists with varying degrees of 

severity within this State ; that such air pollution is potentially and in some cases 

actually dangerous to the health of the citizenry, often causes physical discomfort, 

injury to property and property values, discourages recreational and other uses of 

the state's resources and is aesthetically unappealing. 

The Legislature by this chapter intends to exercise the police power of the State in 

a coordinated state-wide program to control present and future sources of 

emission of air contaminants to the end that air polluting activities of every type 

shall be regulated in a manner that reasonably insures the continued health, safety 

and general welfare of all of the citizens of the State; protects property values and 

protects plant and animal life . 

Nothing in this chapter is intended, nor shall be construed, to limit, impair, 

abridge, create, enlarge or otherwise affect, substantively or procedurally, the 

right of any person to damage or other relief on account of injury to persons or 

property due to violation of air quality standards or emission standards and to 

maintain any action or other appropriate procedure therefore; nor to so affect the 
12 

powers of the State to initiate, prosecute and maintain actions to abate public 

nuisances. 

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

resources was approved on October 28, 1972. For FY 2007, the Bureau of Air 

Quality had a staff of 59, and a budget of $5.5 million. 

EPA analysis : EPA has reviewed the above Laws and Regulations and has 

determined that the ME DEP's resources meet the requirements of CAA Section 

110(a)(2)(E) . EPA previously noted that there was a deficiency in Maine's PSD 

program because the state does not have adequate resources to implement the 

PSD permitting program with respect to GHG emissions. (See 75 FR 82536, 

December 30, 2010). 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, 2010 action, EPA issued a SIP error correction withdrawing EPA's 

approval of Maine's PSD program to the extent it applies to increases in GHG 

emissions below the thresholds in EPA's tailoring rule revisions to the federal 

PSD program in the so-called "narrowing rule." Ibid. On March 10, 2011, Maine 

submitted a letter to EPA stating that in evaluating its section 110 infrastructure 

submittal, EPA should consider the state's PSD program as currently approved in 

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

EPA is proposing to fully approve this element for Maine for the purposes of 

meeting the infrastructure requirements of section 110(a)(2)(E) . EPA will address 

how the state's newly adopted PSD rules implement GHG requirements in a 

separate action . 

F. Stationary source monitoring system: Section 110(a)(2)(F) requires states to 

establish a system to monitor emissions from stationary sources and to submit 

periodic emission reports. 

ME DEP's response to this requirement: The January 2008 submittal cites an 

overview of the CMR. The relevant Maine air quality regulations for this 

component of the 110 SIP are as follows : 

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

Regulations 

This regulation contains compliance assurance requirements for licensed sources 

and stipulates that licenses shall include the following compliance assurance 

elements : (a) A description of all required monitoring and analysis procedures or 

test methods required under the requirements applicable to the source . (b) A 

description of all recordkeeping requirements . (c) A description of all reporting 

requirements . 
13 

06-096 CMR Chapter 117 Source Surveillance 

This regulation specifies which air emission sources are required to operate 

continuous emission monitoring systems (CEMS), and details the performance 

specifications, quality assurance requirements and procedures for such systems, 

and subsequent record keeping and reporting requirements . 

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

program pursuant to 40 CFR part 70: 

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

This regulation identifies the sources of air emissions that require a Part 70 air 

emission license and incorporates the requirements of Title IV and Title V of the 

Clean Air Act, as amended, 42 U.S .C . 7401, et seq. ; and 38 MRSA, Section 344 

and Section 590. This regulation contains compliance assurance requirements for 

licensed sources requiring a Part 70 air emission license. 

EPA analysis : EPA has reviewed the above Rules and Regulations and has 

determined that ME DEP's submittal meets the requirements of CAA Section 

110(a)(2)(F) . The regulations in Chapters 115 and 117 have been approved into 

the Maine SIP . (See Appendix.) While Chapter 140 is not formally approved 

into Maine's SIP, it is a legal mechanism the state can use to assure the 

enforcement of the monitoring requirements approved in the SIP. 

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 of the MRSA and the CMR. The relevant Maine air quality laws and 

regulations for this component of the 110 SIP are as follows: 

38 MRSA §347-A(3) Emergency Orders : Whenever it appears to the 

commissioner, after investigation, that there is a violation of the laws or 

regulations the department administers or of the terms or conditions of any of the 

department's orders that is creating or is likely to create a substantial and 

immediate danger to public health or safety or to the environment, the 

commissioner may order the person or persons causing or contributing to the 

hazard to immediately take such actions as are necessary to reduce or alleviate the 

danger . Service of a copy of the commissioner's findings and order must be made 

by the sheriff or deputy sheriff or 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 method 
14 

of service 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 of the order the person 

may apply to the board for a hearing on the order. Within 7 working days after 

receipt of the application, the board shall hold a hearing, make findings of fact 

and vote 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 of the 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 

of the board may be appealed to the Superior Court in the manner provided by 

section 346. 

06-096 CMR Chapter 109 Emergency Regulations. This rule is intended to 

prevent air pollution from reaching levels that would cause imminent and 

substantial harm to the health of persons, by restricting emissions during periods 

of air pollution emergencies. For ozone the level is 0.5 ppm, 1 hour average, 

EPA analysis : As noted in EPA's October 2, 2007 guidance, the significant 

harm level for the 8-hour ozone NAAQS shall remain unchanged at 0.60 ppm 

ozone, 2 hour average, as indicated in 40 CFR Part 51 .151 . EPA believes that the 

existing ozone-related provisions of 40 CFR Subpart H remain appropriate. 

Maine's CMR Chapter 109 which has been approved by EPA (see Appendix) is 

consistent with the requirements of 40 CFR 51 .153 . Maine's submittal meets the 

requirements of CAA section 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 EPA finding that 

the SIP is substantially inadequate . 

ME DEP's response to this requirement: The January 2008 submittal cites an 

overview of the MRSA. The relevant Maine air quality laws for this component 

of the 110 SIP are as follows: 

38 MRSA §341-D. Board responsibilities and duties states, in relevant part: 

1-B. Rulemaking. _ Subject to the Maine Administrative Procedure Act, the board 

shall adopt, amend or repeal reasonable rules and emergency rules necessary for 

the interpretation, implementation and enforcement of any provision of law that 
15 

the department is charged with administering. The board shall also adopt, amend 

and repeal rules as necessary for the conduct of its business . 

The department shall identify in its regulatory agenda, when feasible, a proposed 

rule or provision of a proposed rule that is anticipated to be more stringent than 

the federal standard, if an applicable federal standard exists . 

During the consideration of any 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 of the basis statement the 

justification for the 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 a meeting 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 of the 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. 

EPA analysis : ME DEP's submittal meets the requirements of CAA Section 

110(a)(2)(H) . In addition, it should be noted that the ME DEP has 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. 

EPA analysis : There are two elements identified in section 110(a)(2) not 

governed by the 3 year submission deadline of section 110(a)(1) because SIPs 

incorporating necessary local nonattainment area controls are not due within 3 

years after promulgation of a 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 program as required in part D Title 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 section 11 0(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 

overview of the MRSA and the CMR. The relevant Maine air quality laws and 

regulations for this component of the 110 SIP 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 114 Classification of Air Quality Control Regions 

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

redesignation the Board shall hold a public hearing which shall be conducted in 

the area proposed to be redesignated . Prior to the public hearing a report shall be 

made available with a description and analysis of health, environmental, 

economic, social and energy impacts of the proposed redesignation. Should the 

area proposed for redesignation include or be deemed to affect federally owned 

lands, the Board shall consult with the appropriate federal land manager prior to 

such redesignation. For the purpose of redesignating any areas other than those 

recognized mandatory Class I areas identified in Section 1(C), the procedural 

requirements or 40 CFR 51 .24 (g) shall be followed 

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

Regulations, Section 4A(d) establishes consultation requirements with 

Federal Land Managers for NSR and PSD: 

4(d) The applicant and/or the Department shall notify and provide a copy of the 

application to all Federal Land Managers listed in Chapter 100 of the 

Department's regulations, and the Indian governing body of any reservation 

located within 50 km of any Major Modification or new Major source on or 

before the date the applicant provides Notice of Intent to File to the public, and 

provide at least a thirty (30) days public comment period . 

EPA analysis : Maine's Chapter 114 and 115, have been approved by EPA (see 

Appendix). ME DEP's submittal meets the requirements of CAA Section 

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: The January 2008 submittal cites an 

overview of the CMR and the Maine SIP. The relevant Maine air quality 

regulations for this component of the 110 SIP are as follows: 
17 

38 MRSA §584-F. Ozone health warnings: 

1 . Dissemination of warnings to media. Whenever monitored data demonstrates 

or the department predicts that ground-level ozone concentrations have exceeded 

or will exceed .08 parts per million averaged over an 8-hour period, the 

department shall disseminate a health warning to the mass media, including 

television, radio and print media, and shall urge the media to issue the warning to 

the general public . The department shall use best efforts to educate the media as 

to the need to broadly disseminate health warnings to the public . 

2. Telephone hot line . The department shall provide information to the public on 

daily 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 of a NAAQS exceedence. Chapter 

9 of October 18, 1972 SIP contains provisions for intergovernmental cooperation 

with federal and state government entities . 

EPA analysis : ME DEP is one of the state partners participating in EPA's 

AIRNOW and Enviroflash air Quality Alert programs. (see www.airnow.gov) 

ME DEP's submittal meets the requirements of CAA Section 110(a)(2)(J) for 

public notification . 

3. PSD and visibility protection : Section 110(a)(2)(J) also requires states to 

meet applicable requirements of Part C related to prevention of significant 

deterioration and visibility protection. EPA interprets this section 110 provision 

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

requirements in part C are not changed by a new NAAQS 

ME DEP's response to this requirement: The January 2008 submittal cites an 

overview of the MRSA and the CMR. The relevant Maine air quality laws and 

regulations for this component of the 110 SIP are as follows : 

38 MRSA §584-B. Establishment of ambient increments -- Class I regions 

06-096 CMR Chapter 114. Classification of Air Quality Control Regions 

This regulation determines those areas that have been officially found to be 

exceeding the ambient air quality standards and are therefore nonattainment areas. 
18 

It also designates which class of increment that will apply in each area. 

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

Regulations 

Maine's PSD regulations require the owner of any proposed new major source or 

major modification to demonstrate that any increased emissions from a proposed 

facility or expansion would not significantly deteriorate air quality, regardless of 

where these emissions may travel . Proposed facilities subject to Maine's PSD 

licensing requirements must therefore assess PSD increment consumption in 

Maine as well as adjacent or downwind states . 

The NSR program in Maine is implemented through the Chapter 100 Definitions 

Regulation which was approved into the SIP on October 15, 1996, the Chapter 

113 Growth Offset Regulation which was approved into the SIP on February 14, 

1996, and the Chapter 115 Major and Minor Source Air Emission License 

Regulations which were approved into the SIP by EPA on February 14, 1996. 

Although these rules have been amended several times since being incorporated 

into the SIP, these revisions did not change any of the major source permitting 

requirements, and the current state regulations are consistent with the SIPapproved versions for the purposes of implementing the New Source Review 

program. 

EPA analysis : 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 PSD program because the 

state does not have adequate resources to implement the PSD permitting program 

with respect to GHG emissions. (See 75 FR 82536, December 30, 2010). 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, 2010 action, EPA 

issued a SIP error correction withdrawing EPA's approval of Maine's PSD 

program to the extent it applies to increases in GHG emissions below the 

thresholds in EPA's tailoring rule revisions to the federal PSD program in the socalled "narrowing rule ." Ibid. On March 10, 2011, Maine submitted a letter to 

EPA stating that in evaluating its section 110 infrastructure submittal, EPA should 

consider the state's PSD program as currently approved in the SIP and as 

corrected by EPA's December 30, 2010 narrowing rule . Therefore, EPA is 

proposing to fully approve this element for Maine for the purposes of meeting the 

infrastructure requirements of section 110(a)(2)(J) . EPA will address how the 

state's newly adopted PSD rules implement GHG requirements 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 from any NAAQS pollutant and submission of such data to EPA upon 

request. 
19 

ME DEP's response to this requirement: The January 2008 submittal cites an 

overview of the CMR. The relevant Maine air quality laws and regulations for 

this component of the 110 SIP are as follows: 

06-096 CMR Chapter 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 of any 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 of the 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) of this Chapter shall be consistent with EPA regulations 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 of fugitive emissions, to the extent 

quantifiable, secondary emissions, and emissions from other existing sources 

including increases in mobile and area source emissions impacting the same area. 

The level of analysis shall depend upon the size of the 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 of this Subsection, the Class I area shall include any 

conservation easements under the jurisdiction of an appropriate Federal Land 

Manager, as of August 7, 1977 .) The air quality impact analysis, in general, will 

not be required of the applicant for those regulated pollutants that are not listed 

under "significant emissions increase" in Chapter 100 of the Department's 

regulations . The analysis shall be conducted in accordance with the provisions of 

Subsection 7(E) of this 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 of the licensing of a new source or 

modification in the United States is substantially governed by the Appendix W to 

40 CFR Part 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 of acceptable models do 
20 

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 conform with those 

procedures and guidelines in effect at the time of Department approval of a 

written modeling protocol that meets all applicable requirements, and to complete 

modeling; as approved, and submit results within six (6) months of the date of 

approval of the protocol . If the protocol calls for collection of on-site 

meteorological data, then the starting date for the on-site data collection must be 

no later than 6 months after approval of the protocol and modeling results must be 

submitted within six (6) months of obtaining 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 116 Prohibited Dispersion Techniques 

This Chapter adopts regulations consistent with federal requirement 

concerning stack height and other dispersion techniques, such as merging of 

plumes. These regulations also define the area surrounding the source where 

ambient air quality standards do not have to be met. 

EPA analysis : EPA previously 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-A and 38 

MRSA §581 . MRSA §341-A and 38 MRSA §581 gives the ME DEP broad 

powers to conduct air quality modeling. Maine was 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 CAA Section 

110(a)(2)(K) . 

L. Permitting fees : Section 110(a)(2)(L) requires SIN to require each major 

stationary source to pay permitting fees to cover the cost of reviewing, approving, 

implementing and enforcing a permit, until such time as the SIP fee requirement 

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

ME DEP's response to this requirement: The January 2008 submittal cites the 

MRSA. The relevant Maine air quality laws for this component of the 110 SIP 

are as follows: 

38 MRSA §353-A. Annual air emissions license fees states : Fees assessed . 

After the effective date of this section, a licensee must pay an annual fee assessed 

on the sum of all licensed allowable air pollutants, except for carbon monoxide, 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-A and the 

maximum and minimum fees set forth in subsection 4 on an annual basis 

according to the United States Consumer Price Index established by the federal 

Department of Labor, Bureau of Labor Statistics . 

EPA analysis : Maine's title V program was granted full approval on December 

17, 2001 . EPA's full approval of Maine's title V program became effective on 

December 17, 2001 . Before EPA can grant full approval, the state must 

demonstrate the ability to collect adequate fees. On October 23, 1995, Maine 

submitted a detailed fee demonstration in accordance with 40 CFR 70.9 . The 

detailed fee demonstration was part of EPA's full approval. Maine collects 

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

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

ME DEP's submittal meets the requirements of CAA Section 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: The January 2008 submittal cites an 

overview of the MRSA and the Maine SIP. The relevant Maine air quality laws 

and regulations for this component of the 110 SIP 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 of the field of air pollution study and control on the 

part of the State. Municipalities may study air pollution and adopt and enforce air 

pollution control and abatement ordinances, to the extent that these ordinances are 

not less stringent than this chapter or than any standard, order or other action 

promulgated pursuant to this chapter. Local ordinance provisions which touch on 

matters not dealt with by this chapter or which are more stringent than this chapter 
22 

shall bind persons residing in the municipality. 

Chapter 9 of Maine's initial SIP, which was approved on October 28, 1972, 

contains intergovernmental cooperation provisions. 

EPA analysis: ME DEP's submittal meets the requirements of CAA Section 

110(a)(2)(M) . 

RECOMMENDATION 

Maine's January 3, 2008 submittal, includes a detailed description of how 

Maine's laws and regulations meet each of the CAA infrastructure SIP elements for the 

1997 8-hour ozone standard . The Maine submittal generally meets the requirements of 

the CAA the guidance issued by EPA as outlined in this TSD. Therefore, EPA should 

approve Maine's submittal as meeting the requirements of sections 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) . 

EPA should 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 of the minor NSR program that are inconsistent with EPA's 

regulations. 
Apnendix 

EPA-Approved Maine Air 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 Petroleum Liquid 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 New Source 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 New Motor 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 . Program achieves 

90% of full LEV benefits . 

Chapter 129 Surface Coating O1/06/1993 06/17/1994, 

---~ Facilities . 59 FR 31154. 

Chapter 129 

Aopendix A 

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 HAP and 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 Products 
4 

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."