Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 115 - MAJOR AND MINOR SOURCE AIR EMISSION LICENSE REGULATIONS › Section 096-115-7 - Ambient Air Quality Analysis

Current through 2024-29, July 17, 2024
A.
General
				requirement.
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 applicable ambient air quality standards, 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, as
				determined by the Department, 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 06-096
				  CMR 100. The analysis shall be conducted in accordance with the provisions of
				  subsection 7(E) of this Chapter, Prohibited Dispersion Techniques, 06-096 CMR
				  116 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 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.
(1)
Ambient Air Quality Monitoring
				Requirements
. Monitoring done by the owner or operator shall conform to
				the requirements of 40 CFR Part 58, Appendix B and the Department's Quality
				Assurance Plan (or other plan approved by the Department) during the operation
				of monitoring stations. It is recommended that a written protocol shall be
				developed by the owner or operator and the Department when a source is required
				to conduct either pre-construction or post-construction monitoring. The
				protocol shall, at a minimum, specify the monitoring sites, frequency of
				sampling, data recovery, pollutants, and monitoring method(s).
(2)
Air Quality Impact Modeling
				Requirements
(a) All estimates of
				ambient concentrations required by an ambient or increment impact analysis
				shall be based on the relevant air quality models, data bases, and other
				requirements specified in the current Appendix W to 40 CFR Part 51 - Guideline
				on Air Quality Models, and in accordance with subsection 7(E) of this Chapter
				and 06-096 CMR 116. Fugitive emissions, to the extent quantifiable, shall be
				considered.
(b) All input, output
				and diagnostic files used in the final Class I and Class II ambient air quality
				standards and increment compliance modeling analyses and Class I AQRV and
				visibility modeling analyses shall be submitted to the Department on media
				approved by the Department.
(c)
				Where an air quality impact model specified in the Appendix W to 40 CFR Part 51
				Guideline on Air Quality Models, is inappropriate, the model may be changed or
				another model substituted; such change or substitution shall be subject to
				public comment and the written approval of the Department and the Regional
				Administrator of the U. S. Environmental Protection Agency or his designee.
				Methods like those outlined in the Protocol for Determining the Best Performing
				Model (EPA-454/R-92-025) and the Interim Procedures for Evaluating Air Quality
				Models: Experience with Implementation (EPA-450/4-85-006) should be used to
				determine the comparability of air quality models.