reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584. Establishment of ambient air quality standards

§584. Establishment of ambient air quality standards
The board may recommend to the Legislature reasonable standards, in this chapter called "ambient air quality standards," within a reasonable air quality region regulating and limiting the amount and types of air contaminants which may exist in the ambient air of the region. The standards shall be designed to preserve or enhance the quality of ambient air within the region and to prevent air pollution. The board shall determine by rule the extent to which those standards apply within those areas to which the public does not have general access.   [PL 1989, c. 144, §1 (AMD).]
Prior to recommending ambient air quality standards, the board shall offer an opportunity for a public hearing and shall give public notice of its intent to recommend standards for the region in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1989, c. 144, §1 (AMD).]
The board shall solicit and consider all available information concerning the existing quality of the ambient air within the region; the recreational, industrial and residential uses of land within the region; the effects of existing air contaminants and air pollution upon the uses; the availability and effectiveness of air pollution control apparatus designed to control and reduce the existing air contaminants and air pollution; the expense of purchasing and installing the same, and such other evidence as in the board's judgment will enable it to recommend to the Legislature standards necessary to prevent air pollution within the region.   [PL 1989, c. 144, §1 (AMD).]
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 462, §1 (AMD). PL 1971, c. 618, §12 (AMD). PL 1975, c. 282, §2 (AMD). PL 1979, c. 541, §A272 (AMD). PL 1983, c. 566, §§34-36 (AMD). PL 1983, c. 760, §2 (AMD). PL 1987, c. 878, §1 (AMD). PL 1989, c. 144, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-A. Ambient air quality standards

§584-A. Ambient air quality standards
For purposes of statutory interpretation, rules, licensing determinations, policy guidance and all other actions by the department or the board, any reference to an ambient air quality standard is interpreted to refer to the national ambient air quality standard established pursuant to Section 109 of the federal Clean Air Act, 42 United States Code, Section 7409, as amended. The department shall implement ambient air quality standards as required by the federal Clean Air Act, 42 United States Code, Section 7409 and regulations promulgated under that section by the United States Environmental Protection Agency. Nothing in this section may be construed to limit the authority of the department to adopt emission standards designed to achieve and maintain ambient air quality standards.   [PL 2011, c. 206, §19 (RPR).]
1.  Particulate matter.
[PL 2011, c. 206, §19 (RP).]
2.  Sulfur dioxide.
[PL 2011, c. 206, §19 (RP).]
3.  Carbon monoxide.
[PL 2011, c. 206, §19 (RP).]
4.  Photochemical oxidant.
[PL 2011, c. 206, §19 (RP).]
4-A.  Ozone.
[PL 2011, c. 206, §19 (RP).]
5.  Hydrocarbon.
[PL 1995, c. 642, §7 (RP).]
6.  Nitrogen dioxide.
[PL 2011, c. 206, §19 (RP).]
7.  Lead.
[PL 2011, c. 206, §19 (RP).]
8.  Chromium.
[PL 2011, c. 206, §19 (RP).]
9.  Perchloroethylene.
[PL 2011, c. 206, §19 (RP).]
10.  Toluene.
[PL 2011, c. 206, §19 (RP).]
SECTION HISTORY
PL 1971, c. 570 (NEW). PL 1979, c. 381, §6-A (AMD). PL 1981, c. 157 (AMD). PL 1983, c. 359, §1 (AMD). PL 1987, c. 242 (AMD). PL 1989, c. 155, §1 (AMD). PL 1991, c. 646 (AMD). PL 1995, c. 306, §§1,2 (AMD). PL 1995, c. 642, §7 (AMD). PL 1999, c. 79, §1 (AMD). PL 2009, c. 121, §15 (AMD). PL 2011, c. 206, §19 (RPR).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-B. Establishment of ambient increments -- Class I regions

§584-B. Establishment of ambient increments -- Class I regions
In addition to the ambient air quality standards set forth in section 584‑A, any Class I region or part thereof within the State, including those federal lands designated by the Federal Clean Air Act Amendments of 1977, is subject to a maximum allowable increase in concentration of sulfur dioxide, particulate matter and nitrogen oxides over the baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period other than an annual period. The maximum allowable increase consists of:   [PL 1989, c. 860, §1 (AMD).]
1.  PM10.
In regards to PM10:
A. An increase in the annual arithmetic mean at any location not to exceed 4 micrograms per cubic meter; and   [PL 1995, c. 493, §12 (AMD).]
B. An increase in concentration for any 24-hour period at any location not to exceed 8 micrograms per cubic meter; and   [PL 1995, c. 493, §12 (AMD).]
[PL 1995, c. 493, §12 (AMD).]
2.  Sulfur dioxide.
In regards to sulfur dioxide:
A. An increase in the annual arithmetic mean at any location not to exceed 2 micrograms per cubic meter;   [PL 1979, c. 381, §7 (NEW).]
B. An increase in concentration for any 24-hour period at any location not to exceed 5 micrograms per cubic meter; and   [PL 1979, c. 381, §7 (NEW).]
C. An increase in concentration for any 3-hour period at any location not to exceed 25 micrograms per cubic meter.   [PL 1979, c. 381, §7 (NEW).]
[PL 1979, c. 381, §7 (NEW).]
3.  Nitrogen oxides.
In regards to nitrogen oxides:
A. An increase in the annual arithmetic mean at any location not to exceed 2.5 micrograms per cubic meter to be expressed as nitrogen dioxide.   [PL 1989, c. 860, §2 (NEW).]
[PL 1989, c. 860, §2 (NEW).]
SECTION HISTORY
PL 1979, c. 381, §7 (NEW). PL 1989, c. 860, §§1,2 (AMD). PL 1995, c. 493, §12 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-C. Establishment of ambient increments -- Class II regions

§584-C. Establishment of ambient increments -- Class II regions
In addition to the ambient air quality standards set forth in section 584‑A, any Class II region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter, sulfur dioxide and nitrogen oxides over the baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period other than an annual period. The maximum allowable increase consists of:   [PL 1989, c. 860, §3 (AMD).]
1.  PM10.
In regards to PM10:
A. An increase in the annual arithmetic mean at any location not to exceed 17 micrograms per cubic meter; and   [PL 1995, c. 493, §13 (AMD).]
B. An increase in concentration for any 24-hour period at any location not to exceed 30 micrograms per cubic meter;   [PL 1995, c. 493, §13 (AMD).]
[PL 1995, c. 493, §13 (AMD).]
2.  Sulfur dioxide.
In regards to sulfur dioxide:
A. An increase in the annual arithmetic mean at any location not to exceed 20 micrograms per cubic meter;   [PL 1979, c. 381, §7 (NEW).]
B. An increase in concentration for any 24-hour period at any location not to exceed 91 micrograms per cubic meter; and   [PL 1979, c. 381, §7 (NEW).]
C. An increase in concentration for any 3-hour period at any location not to exceed 512 micrograms per cubic meter; and   [RR 1993, c. 1, §128 (COR).]
[RR 1993, c. 1, §128 (COR).]
3.  Nitrogen oxides.
In regards to nitrogen oxides:
A. An increase in the annual arithmetic mean at any location not to exceed 25.0 micrograms per cubic meter to be expressed as nitrogen dioxide.   [PL 1989, c. 860, §4 (NEW).]
[PL 1989, c. 860, §4 (NEW).]
SECTION HISTORY
PL 1979, c. 381, §7 (NEW). PL 1989, c. 860, §§3,4 (AMD). RR 1993, c. 1, §§127,128 (COR). PL 1995, c. 493, §13 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-D. Establishment of ambient increments -- Class III regions

§584-D. Establishment of ambient increments -- Class III regions
In addition to the ambient air quality standards set forth in section 584‑A, any Class III region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter , sulfur dioxide and nitrogen oxide over the baseline concentration of that pollutant. An increase shall not be exceeded more than once annually for any period other than the annual period. The maximum allowable increase consists of:   [PL 1989, c. 860, §5 (AMD).]
1.  PM10.
In regards to PM10:
A. An increase in the annual arithmetic mean at any location not to exceed 34 micrograms per cubic meter; and   [PL 1995, c. 493, §14 (AMD).]
B. An increase in concentration for any 24-hour period at any location not to exceed 60 micrograms per cubic meter;   [PL 1995, c. 493, §14 (AMD).]
[PL 1995, c. 493, §14 (AMD).]
2.  Sulfur dioxide.
In regards to sulfur dioxide:
A. An increase in the annual arithmetic mean at any location not to exceed 40 micrograms per cubic meter;   [PL 1979, c. 381, §7 (NEW).]
B. An increase in concentration for any 24-hour period at any location not to exceed 182 micrograms per cubic meter; and   [PL 1979, c. 381, §7 (NEW).]
C. An increase in concentration for any 3-hour period at any location not to exceed 700 micrograms per cubic meter; and   [RR 1993, c. 1, §130 (COR).]
[RR 1993, c. 1, §130 (COR).]
3.  Nitrogen oxides.
In regards to nitrogen oxides:
A. An increase in the annual arithmetic mean at any location not to exceed 30.0 micrograms per cubic meter to be expressed as nitrogen dioxide.   [PL 1989, c. 860, §6 (NEW).]
[PL 1989, c. 860, §6 (NEW).]
SECTION HISTORY
PL 1979, c. 381, §7 (NEW). PL 1989, c. 860, §§5,6 (AMD). RR 1993, c. 1, §§129,130 (COR). PL 1995, c. 493, §14 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-E. Exclusions from applicable increments -- Class I, II and III regions

§584-E. Exclusions from applicable increments -- Class I, II and III regions
1.  Exclusions from applicable increments.
The following concentrations shall be excluded in determining compliance with applicable increments:
A. Concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of an order which is in effect under the provisions of sections 2(a) and (b) of the Federal Energy Supply and Environmental Coordination Act of 1974 over the emissions from such sources before the effective date of such order;   [PL 1979, c. 381, §7 (NEW).]
B. Concentrations of particulate matter attributable to the increase in emissions from construction or other temporary emission-related activities; and   [PL 1979, c. 381, §7 (NEW).]
C. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration.   [PL 1979, c. 381, §7 (NEW).]
[PL 1979, c. 381, §7 (NEW).]
SECTION HISTORY
PL 1979, c. 381, §7 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §584-F. Ozone health warnings

§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.
[PL 1999, c. 79, §2 (AMD).]
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.
[PL 1995, c. 306, §3 (NEW).]
SECTION HISTORY
PL 1995, c. 306, §3 (NEW). PL 1999, c. 79, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585. Establishment of emission standards

§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.   [PL 1971, c. 618, §12 (AMD).]
Prior to the establishment or amendment of emission standards, the board shall offer an opportunity for a public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. The board shall solicit and consider all available information concerning the ambient air quality standards of the region; the existing emissions of air contaminants within the region, their nature, amount and sources; the effect of the emissions upon the ambient air quality standards of the region; the availability, effectiveness and cost of air pollution control apparatus designed to prevent and control air pollution caused by such emissions, and such other evidence as in the board's judgment will enable it to determine and establish emission standards for the region which will achieve and maintain the ambient air quality standards therein.   [PL 1983, c. 566, §37 (AMD).]
The board shall by rule establish or may amend emission standards limiting and regulating the amount and type of air contaminants that may be emitted to the ambient air of a region to achieve the goals set forth in this section. The rule must state the date upon which the standards or any individual standard becomes effective. In establishing the date, the board shall consider the degree of air pollution existing within the region, the length of time necessary to inform persons affected by the establishment of these standards that these standards exist, the time needed by the board to implement effective controls and the time needed by persons affected to design and install air pollution control apparatus to comply with the new standards.   [PL 1989, c. 144, §2 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §158 (AMD).]
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 462, §2 (AMD). PL 1971, c. 618, §12 (AMD). PL 1977, c. 300, §40 (AMD). PL 1983, c. 566, §§37,38 (AMD). PL 1987, c. 878, §2 (AMD). PL 1989, c. 144, §§2,3 (AMD). PL 1989, c. 890, §§A40,B158 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-A. Establishment of standards

§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.   [PL 1989, c. 144, §4 (AMD).]
Prior to the establishment or amendment of rules, the board shall offer an opportunity for a public hearing thereon in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. The board shall solicit and consider all available information concerning applicable ambient air quality and emission standards; the availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control air pollution or violations of ambient air quality or emission standards which would be required by any proposed rules; and such other evidence as in the board's judgment will enable it to determine and establish rules adequate to maintain applicable ambient air quality and emission standards.   [PL 1989, c. 144, §4 (AMD).]
The board shall establish or amend rules to achieve the purposes set forth in this section. The board may delay the effective date of the rules.   [PL 1989, c. 144, §4 (AMD); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §159 (AMD).]
The department shall confer with the joint standing committee of the Legislature having jurisdiction over natural resource matters before it proposes any revisions to the state implementation plan, required in the federal Clean Air Act, Section 110, 42 United States Code, Section 7410, that would require the State to implement new emissions reduction strategies or programs or substantially revise or terminate existing emissions reduction strategies or programs. Notwithstanding any other parts of this section, rules adopted pursuant to this section relating to motor vehicle fuel standards are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A.   [PL 1999, c. 107, §1 (AMD).]
SECTION HISTORY
PL 1971, c. 462, §3 (NEW). PL 1971, c. 618, §12 (AMD). PL 1977, c. 300, §41 (AMD). PL 1983, c. 566, §§39,40 (AMD). PL 1987, c. 878, §3 (AMD). PL 1989, c. 144, §4 (AMD). PL 1989, c. 890, §§A40,B159 (AMD). PL 1997, c. 531, §1 (AMD). PL 1999, c. 107, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-C. Hazardous air pollutant emissions inventory

§585-C. Hazardous air pollutant emissions inventory
1.  Findings and purpose.
The Legislature finds that advancing scientific knowledge increasingly demonstrates that many air pollutants may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness to the residents of the State. Accordingly, the Legislature concludes that it is in the public interest to identify the extent of potential health risks.
[PL 1983, c. 835, §2 (NEW).]
2.  Emissions inventory.
The commissioner shall carry out and maintain an inventory of the sources in the State emitting any substance that may be a hazardous air pollutant.
A. This inventory must include the following data for each of those substances:
(1) The number of sources;
(2) The location of each source or category of source;
(3) The quantity emitted by each source or category of source;
(4) The total emissions; and
(5) The percentage of total emissions generated by sources with existing air licenses.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (AMD).]
B. In conducting this inventory, the commissioner may rely upon questionnaires or other reasonable methods, including those established by the United States Environmental Protection Agency, for the purpose of carrying out this duty as promptly and efficiently as possible. The commissioner shall clearly indicate on any requests for information the minimum amount of emissions that must be reported. The commissioner may not require reporting of this information more frequently than every other year.   [PL 1995, c. 313, §1 (AMD).]
C. In carrying out this inventory, the commissioner may require persons to provide information on forms supplied by the commissioner. Refusal to provide the information subjects the person of whom it is requested to a civil penalty of not more than $100 for each day's delay. Submission of false information constitutes a violation of section 349, subsection 3, in addition to being subject to remedies otherwise available by law.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (AMD).]
D. [PL 2015, c. 250, Pt. C, §9 (RP).]
E.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §160 (RP).]
[PL 2015, c. 250, Pt. C, §9 (AMD).]
SECTION HISTORY
PL 1983, c. 835, §2 (NEW). PL 1989, c. 890, §§A40,B160 (AMD). PL 1995, c. 313, §1 (AMD). PL 2015, c. 250, Pt. C, §9 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-D. New motor vehicle emission standards

§585-D. New motor vehicle emission standards
Subject to the provisions of this section, the board may adopt and enforce standards that meet the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 relating to control of emissions from new motor vehicles or new motor vehicle engines. These standards, known as a "low-emission vehicle program," must be designed to prevent air pollution and achieve and maintain ambient air quality standards within the State.   [PL 2005, c. 245, §1 (AMD).]
1.  New England states adoption.
[PL 1999, c. 582, §1 (RP).]
2.  Ozone transport region adoption.
[PL 1999, c. 582, §1 (RP).]
The department may not implement the low-emission vehicle program if the implementation of that program includes the adoption, sale or use of the reformulated gasoline approved for sale and use in California.   [PL 2005, c. 245, §1 (AMD).]
SECTION HISTORY
PL 1993, c. 358, §1 (NEW). PL 1997, c. 364, §§37,38 (AMD). PL 1999, c. 582, §1 (AMD). PL 2005, c. 245, §1 (AMD). PL 2007, c. 619, §7 (AMD). PL 2011, c. 120, §8 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-E. Gasoline station vapor recovery requirements (REPEALED)

§585-E. Gasoline station vapor recovery requirements
(REPEALED)
SECTION HISTORY
PL 1995, c. 493, §15 (NEW). PL 2001, c. 233, §§1,2 (AMD). PL 2007, c. 559, §§1-5 (AMD). MRSA T. 38 §585-E, sub-§6 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-F. Motor vehicle emissions labeling program

§585-F. Motor vehicle emissions labeling program
The board may adopt rules to implement a motor vehicle emissions labeling program for all new vehicles sold within the State in order to educate the public about the types and amounts of motor vehicle emissions. Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter II‑A.   [PL 1997, c. 500, §8 (NEW).]
SECTION HISTORY
PL 1997, c. 500, §8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-G. Motor vehicle inspection and maintenance program requirement

§585-G. Motor vehicle inspection and maintenance program requirement
The department shall submit to the United States Environmental Protection Agency a revision to the state implementation plan, required in the federal Clean Air Act, Section 110, 42 United States Code, Section 7410, that incorporates the motor vehicle inspection program under Title 29‑A, chapter 15, subchapter 1, to meet the requirement for a vehicle emission control inspection and maintenance program in the federal Clean Air Act, Section 184, 42 United States Code, Section 7511c.   [PL 1997, c. 786, §8 (NEW).]
SECTION HISTORY
PL 1997, c. 786, §8 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-H. MTBE monitoring and reductions (REPEALED)

§585-H. MTBE monitoring and reductions
(REPEALED)
SECTION HISTORY
PL 1999, c. 709, §2 (NEW). PL 2003, c. 638, §3 (AMD). PL 2011, c. 120, §9 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-I. MTBE

§585-I. MTBE
The following provisions apply to the sale of MTBE in the State.   [PL 2003, c. 638, §4 (NEW).]
1.  Definition.
For purposes of this section, "MTBE" means the gasoline oxygenate methyl tertiary butyl ether.
[PL 2003, c. 638, §4 (NEW).]
2.  Prohibition on sale.
Beginning January 1, 2007, a person may not sell, offer for sale, distribute or blend in this State gasoline that contains more than 1/2 of 1% by volume MTBE that is intended for sale to ultimate consumers in this State.
[PL 2003, c. 638, §4 (NEW).]
3.  Emergency order.
Notwithstanding subsection 2, whenever the commissioner finds that a danger to public health or safety exists due to low supply of gasoline in the State, the commissioner may issue an emergency order waiving the sales prohibition in subsection 2.
[PL 2003, c. 638, §4 (NEW).]
SECTION HISTORY
PL 2003, c. 638, §4 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-J. Architectural coatings

§585-J. Architectural coatings
1.  Manufactured on or after January 1, 2006.
A person may not manufacture, blend or repackage for sale within the State, supply, sell or offer for sale within the State or solicit for application or apply within the State, any architectural or industrial maintenance coating manufactured on or after January 1, 2006 that contains volatile organic compounds in excess of limits specified in this subsection. Limits are expressed in grams of volatile organic compounds per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds or colorant added to tint bases. "Manufacturer's maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
A. Interior wood clear and semitransparent stains may not contain volatile organic compounds in excess of 550 grams per liter.   [PL 2005, c. 181, §1 (NEW).]
B. Varnishes may not contain volatile organic compounds in excess of 450 grams per liter. Effective January 1, 2011, varnishes may not contain volatile organic compounds in excess of 350 grams per liter.   [PL 2005, c. 181, §1 (NEW).]
[PL 2005, c. 181, §1 (NEW).]
2.  Manufactured prior to January 1, 2006.
An architectural or industrial maintenance coating manufactured prior to January 1, 2006 may be sold, supplied, offered for sale or applied after January 1, 2006 as long as the architectural or industrial maintenance coating complies with the standards in effect at the time the coating was manufactured, and the coating displays the date of manufacture on the lid, label or bottom of the container.
[PL 2005, c. 181, §1 (NEW).]
3.  Rulemaking.
The department shall adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2005, c. 181, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 181, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-K. Greenhouse gas emission standards; moratorium

§585-K. Greenhouse gas emission standards; moratorium
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Coal gasification facility" means a facility that uses a process other than the biological degradation of waste to convert coal or coal-derived materials into a synthesis gas or a product made from synthesis gas, including, without limitation, electricity, liquid fuels and chemicals.   [PL 2009, c. 306, §1 (AMD).]
B. "Greenhouse gas" has the same meaning as set forth in section 574.   [PL 2007, c. 584, §1 (NEW).]
[PL 2009, c. 306, §1 (AMD).]
2.  Greenhouse gas emission standards.
The board shall establish by rule, and may thereafter amend, standards for the emission of greenhouse gases derived from coal gasification facilities that commence operations after August 1, 2008. Rules established pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2007, c. 584, §1 (NEW).]
3.  Moratorium.
Between the effective date of this subsection and the earlier of the effective date of rules authorized pursuant to subsection 2 and August 1, 2011, the department may not issue any license or permit to a coal gasification facility that is not licensed under this chapter prior to August 1, 2008.
[PL 2007, c. 584, §1 (NEW).]
4.  Net emissions and carbon capture and sequestration.
In calculating greenhouse gas emissions, carbon dioxide that is captured and used for a commercial purpose or that is permanently disposed of in geological formations in compliance with all applicable laws and rules may not be counted as emissions from the emission source.
[PL 2007, c. 584, §1 (NEW).]
5.  Air emission license requirements apply.
The licensing requirements in section 590 and the prohibition in section 591 apply with regard to the standards established by the board pursuant to subsection 2. The lack of ambient air quality standards for greenhouse gases does not supersede or invalidate this section.
[PL 2007, c. 584, §1 (NEW).]
6.  Criteria and procedures.
The criteria and procedures in sections 585 and 585‑A govern the establishment of greenhouse gas emission standards under this section. Emission standards established pursuant to subsection 2 must be designed to achieve the goals of this chapter and chapter 3‑A.
[PL 2007, c. 584, §1 (NEW).]
7.  Construction; absence of limitation.
Nothing in this section may be construed to limit the authority of the department or any agency or any political subdivision of the State to regulate any pollutant or air contaminant or to establish emission standards pursuant to section 585.
[PL 2007, c. 584, §1 (NEW).]
Revisor's Note: §585-K. Idling requirements for motor vehciles (As enacted by PL 2007, c. 582, §1 is REALLOCATED TO TITLE 38, SECTION 585-L)
SECTION HISTORY
RR 2007, c. 2, §26 (RAL). PL 2007, c. 582, §1 (NEW). PL 2007, c. 584, §1 (NEW). PL 2009, c. 306, §1 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-M. Prohibition on sale of gasoline containing corn-based ethanol

§585-M. Prohibition on sale of gasoline containing corn-based ethanol
1.  Prohibition on sale.
A person may not sell or offer for sale gasoline that contains corn-based ethanol as an additive at a level greater than 10% by volume.
[PL 2013, c. 69, §1 (NEW).]
2.  Effective date.
This section does not take effect until at least 2 of the 6 New England states in addition to this State have enacted laws that prohibit the sale of gasoline that contains corn-based ethanol as an additive at a level greater than 10% by volume. The commissioner shall notify the Secretary of State, the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes when at least 2 New England states in addition to this State have enacted laws that prohibit the sale of gasoline that contains corn-based ethanol at a level greater than 10% by volume. In no event may this section take effect until 90 days after adjournment of the First Regular Session of the 126th Legislature.
[PL 2013, c. 69, §1 (NEW).]
SECTION HISTORY
PL 2013, c. 69, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-N. Reformulated gasoline (REPEALED)

§585-N. Reformulated gasoline
(REPEALED)
SECTION HISTORY
PL 2013, c. 221, §2 (NEW). PL 2013, c. 453, §1 (AMD). PL 2019, c. 55, §1 (AMD). MRSA T. 38 §585-N (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §585-O. Motor vehicle emission control system tampering

§585-O. Motor vehicle emission control system tampering
1.  Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Dealer" means a person engaged in the business of buying, selling, exchanging or offering to negotiate, negotiating or advertising the sale, lease or rental of a motor vehicle at retail and that has:
(1) An established place of business for those purposes in this State; and
(2) A current dealer license issued by the Secretary of State.
"Dealer" does not include the State when selling state-owned motor vehicles; a vehicle auction business as defined in Title 29‑A, section 851, subsection 14; an insurance salvage pool as defined in Title 29‑A, section 602, subsection 6; or a franchisee as defined in Title 10, section 1171, subsection 7.   [PL 2021, c. 119, §1 (NEW).]
B. "Emission control system" means a device or element of design installed on or in a motor vehicle or engine by the original manufacturer and certified to comply with pollutant emission standards established by federal or state law.   [PL 2021, c. 119, §1 (NEW).]
C. "Motor vehicle" means a self-propelled vehicle intended for operation on roads. "Motor vehicle" does not include a salvage vehicle, as defined in Title 29‑A, section 602, subsection 13, or a vehicle sold for parts or scrap.   [PL 2021, c. 119, §1 (NEW).]
D. "Person" means an individual, corporation, firm, partnership, joint venture, association, fiduciary, trust, estate or any other legal or commercial entity.   [PL 2021, c. 119, §1 (NEW).]
E. "Tamper" means to deactivate, dismantle, defeat, bypass, alter, modify, remove or otherwise render inoperable, in whole or in part, mechanical or electronic components of the emission control system that is installed on or in a motor vehicle by the original manufacturer of the motor vehicle.   [PL 2021, c. 119, §1 (NEW).]
[PL 2021, c. 119, §1 (NEW).]
2.  Tampering prohibited.
Tampering with the emission control system of a motor vehicle is prohibited as provided in this subsection.
A. A person may not tamper with the emission control system of a motor vehicle for compensation, except to repair or replace a part or all of the emission control system to return the emission control system to its original manufacturer's certified specifications.   [PL 2021, c. 119, §1 (NEW).]
B. A dealer may not sell, lease or rent, or offer to sell, lease or rent, or transfer title or right of possession of a motor vehicle if a person has tampered with the emission control system of the motor vehicle.   [PL 2021, c. 119, §1 (NEW).]
[PL 2021, c. 119, §1 (NEW).]
3.  Penalties.
A person that violates this section is subject to penalties under section 349.
[PL 2021, c. 119, §1 (NEW).]
4.  Rulemaking.
The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2021, c. 119, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 119, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §586. Subpoena power (REPEALED)

§586. Subpoena power
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1985, c. 746, §26 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §588. Transcript to be made (REPEALED)

§588. Transcript to be made
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1977, c. 300, §43 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §589-A. Notification of violation to affected municipality

§589-A. Notification of violation to affected municipality
When the department issues a notice of violation for a violation of this chapter pursuant to section 347‑A or receives an air quality-related notice of violation from the United States Environmental Protection Agency, the department shall provide notice of that violation to each municipality in which the violation occurred. The department may provide the information required under this section electronically.   [PL 2019, c. 321, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 321, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §590-A. License terms

§590-A. License terms
The term of air emission licenses is 10 years, except that the term of licenses for air contaminant sources subject to the state permitting provisions of 40 Code of Federal Regulations, Part 70 is 5 years and licenses issued pursuant to rules adopted pursuant to section 580‑B, subsection 4, paragraph D have no term. The board may establish, by rule, shorter license terms for the following source categories as it considers necessary to protect the public health, safety and welfare:   [PL 2011, c. 538, §13 (AMD).]
1.  Waste incinerators.
Sources designed to burn solid waste for which a municipality is responsible pursuant to section 1305;
[PL 1987, c. 279 (NEW).]
2.  Innovative control.
Sources utilizing new or innovative air pollution control technology; and
[PL 1987, c. 279 (NEW).]
3.  New sources.
New sources that have not previously received an air emissions license from the department and those individual emission sources that have not previously been included in an air emissions license.
[PL 1987, c. 279 (NEW).]
SECTION HISTORY
PL 1987, c. 279 (NEW). PL 2011, c. 538, §13 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §590-C. Incinerator classification (REPEALED)

§590-C. Incinerator classification
(REPEALED)
SECTION HISTORY
PL 1989, c. 546, §12 (NEW). PL 1991, c. 171, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §590-D. Waste classification (REPEALED)

§590-D. Waste classification
(REPEALED)
SECTION HISTORY
PL 1989, c. 546, §12 (NEW). PL 1991, c. 171, §1 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §590-E. Combustion of material-separated, refuse-derived fuel

§590-E. Combustion of material-separated, refuse-derived fuel
A facility may not burn any material-separated, refuse-derived fuel in fuel-burning equipment with a total heat input capacity of 500,000 British thermal units per hour or less. A facility may burn material-separated, refuse-derived fuel in fuel-burning equipment with a total heat input capacity of greater than 500,000 British thermal units per hour, if:   [PL 1991, c. 220, §5 (NEW).]
1.  Registration.
The fuel-burning equipment is registered with the Maine Fuel Board;
[PL 2013, c. 300, §14 (AMD).]
2.  Automatic stoker.
The fuel-burning equipment has a total heat input capacity of less than 10,000,000 British thermal units per hour and is equipped with an automatic stoker that has a feed rate of at least 50 pounds per hour; and
[PL 1991, c. 220, §5 (NEW).]
3.  No ambient air quality violation.
The department determines that the facility has demonstrated that the facility will not violate ambient air quality standards. In making this demonstration, the owner or operator of the facility shall use the department's meteorological model used for screening sources, or its equivalent as approved by the department, and submit all air quality modeling results required to make this determination to the department. The department shall notify the facility of its determination on air quality impacts in writing within 60 days of receiving the air quality modeling results from the facility. If the department fails to act within this 60-day period, the determination is deemed to be in favor of the facility. A facility or fuel-burning equipment that requires an air emission license under this chapter is exempt from this subsection.
[PL 1991, c. 220, §5 (NEW).]
SECTION HISTORY
PL 1991, c. 220, §5 (NEW). PL 2013, c. 300, §14 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §590-F. Safety precautions for children touring incinerator facilities

§590-F. Safety precautions for children touring incinerator facilities
A resource recovery facility burning municipal solid waste may not permit students who have not yet entered 7th grade to enter the facility for the purpose of touring the facility. Prior to allowing 7th grade, 8th grade and secondary school students of a public or private school to enter a resource recovery facility that burns municipal solid waste for the purpose of touring the facility:   [PL 2003, c. 441, §1 (NEW).]
1.  List of violations to superintendent or headmaster.
The facility shall send to the office of the superintendent within the school administrative unit or to the headmaster of the private school a list of air quality violations issued to the facility by the federal Occupational Safety and Health Administration within the last 2 years; and
[PL 2003, c. 441, §1 (NEW).]
2.  List to parents.
The office of the superintendent or the headmaster shall send the list of violations under subsection 1 to the parent or guardian of any participating student.
[PL 2003, c. 441, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 441, §1 (NEW).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §591. Prohibitions

§591. Prohibitions
No person may discharge air contaminants into ambient air within a region in such manner as to violate ambient air quality standards established under this chapter or emission standards established pursuant to section 585, 585‑B or 585‑K.   [PL 2007, c. 584, §2 (AMD).]
When the board, pursuant to section 590, has by rule provided that no person may operate or maintain within a region any air contamination source or emit any air contaminants without an emission license from the department, the operation or maintenance without that license is prohibited.   [PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §166 (AMD).]
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 462, §7 (AMD). PL 1971, c. 618, §12 (AMD). PL 1983, c. 835, §3 (AMD). PL 1989, c. 890, §§A40,B166 (AMD). PL 2007, c. 584, §2 (AMD).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §591-A. Modifications to a licensed source

§591-A. Modifications to a licensed source
1.  Modifications.
Modification of a licensed source means any physical or operational change in an emission unit or emission source that:
A. Increases the quantity of any air contaminant emitted;   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
B. Increases the impact of the emissions of that emission unit or source on ambient air quality due to changes in stack height, physical building characteristics or plume characteristics unless the commissioner finds that the change will not cause a violation of ambient air quality standards and ambient increment standards;   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
C. Results in the emission of any air contaminant not previously emitted;   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
D. Constitutes construction of a new emission unit; or   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
E. Constitutes the reconstruction of a new emission unit as defined in 40 Code of Federal Regulations, 60.15 (1990).   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
[PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
2.  Changes not considered modifications.
The following changes are not modifications to a licensed source:
A. Routine maintenance, repair and replacement;   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
B. An increase in the production rate at an existing source if the increase does not exceed the operating design capacity of the source, unless that change is prohibited under any federally enforceable permit condition established after January 6, 1975 pursuant to 40 Code of Federal Regulations, 52.21 (1990) or under regulations approved pursuant to 40 Code of Federal Regulations, Part 51, Subpart I or 40 Code of Federal Regulations, 51.166 (1990);   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
C. An increase in the hours of operation at an existing source, unless that change is prohibited under any federally enforceable permit condition established after January 6, 1975 pursuant to 40 Code of Federal Regulations, 52.21 (1990) or under regulations approved pursuant to 40 Code of Federal Regulations, Part 51, Subpart I or 40 Code of Federal Regulations, 51.166 (1990);   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
D. Use of an alternative fuel or raw material if the source is designed to accommodate that alternative fuel or raw material and if prior to January 6, 1975, the source is licensed to use that alternative fuel or raw material; or   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
E. Replacement of an air pollution control apparatus if the replacement is found by the department to be the best practical treatment for the emission.   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
[PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
SECTION HISTORY
PL 1991, c. 384, §12 (NEW). PL 1991, c. 384, §16 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §591-B. Meteorological data collection

§591-B. Meteorological data collection
1.  Data requirements.
A minimum of one year of acceptable on-site meteorological data is required for any modeling analysis. If more than one year of on-site data is available, all acceptable data must be used, up to a maximum of 5 years of data. If less than 5 consecutive years of acceptable on-site data is available, the source must continue to collect meteorological data to obtain an acceptable 5-year data base. Acceptable data means that the data meets the department's requirements based on the federal Environmental Protection Agency's guidelines on air quality models.
[PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
2.  New data collection requirements.
Once an acceptable on-site 5-year data base has been approved by the commissioner, it is acceptable for modeling purposes until:
A. The department's requirements based on federal requirements for meteorological data change;   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
B. Sufficient ambient air quality violations occur to make collection of additional meteorological data necessary; or   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
C. The emission source configuration is significantly changed.   [PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
[PL 1991, c. 384, §12 (NEW); PL 1991, c. 384, §16 (AFF).]
SECTION HISTORY
PL 1991, c. 384, §12 (NEW). PL 1991, c. 384, §16 (AFF).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §592. Violations; general procedures (REPEALED)

§592. Violations; general procedures
(REPEALED)
SECTION HISTORY
PL 1969, c. 474, §1 (NEW). PL 1971, c. 618, §12 (AMD). PL 1977, c. 300, §45 (RP).
2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 4: PROTECTION AND IMPROVEMENT OF AIR › 38 §592-A. Soiling of property; nuisance

§592-A. Soiling of property; nuisance
1.  Total suspended particulate matter.
No person may discharge total suspended particulate matter to the ambient air in an amount or concentration that soils property or creates a nuisance condition. Total suspended particulate matter concentrations of less than 150 micrograms per cubic meter for any 24-hour period in the ambient air are presumed not to constitute soiling or nuisance conditions. Any person who demonstrates on the basis of total suspended particulate ambient air quality monitoring information acceptable to the commissioner that emissions discharged by that person have not substantially caused or contributed to total suspended particulate matter concentrations in excess of 150 micrograms per cubic meter over a 24-hour period at any applicable location may not be held in violation of this subsection.
[PL 1989, c. 155, §2 (NEW); PL 1989, c. 890, Pt. A, §40 (AFF); PL 1989, c. 890, Pt. B, §167 (AMD).]
2.  Fugitive emissions.
Any commercial and industrial source or facility, all municipalities and all state or federal facilities, whether or not requiring a license pursuant to this chapter, that cause or contribute to the discharge of fugitive emissions that the commissioner determines to constitute a nuisance are required to establish and maintain a continuing program for best management practices for suppression of fugitive emissions during any periods of construction, renovation or normal operation. The commissioner shall determine those procedures which constitute best management practices. A description of a source's program for suppression of fugitive emissions must be made available to the commissioner upon request. Public or private roads that are not part of a commercial and industrial source or facility are not subject to the requirements of this subsection.
[PL 1991, c. 138 (AMD).]
SECTION HISTORY
PL 1989, c. 155, §2 (NEW). PL 1989, c. 890, §§A40,B167 (AMD). PL 1991, c. 138 (AMD).