MEMORANDUM

TO:		Board of Environmental Protection

FROM:	Jeffrey S. Crawford, Bureau of Air Quality

DATE:	March 6, 2008

RE:	State Implementation Plan (SIP) Submittals- Section 110(a)(2)(D)(i)
Plan Adoption.

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Statutory and Regulatory Reference:

	A.	Statutory authority.

38 MRSA Section 585-A provides that the Board of Environmental
Protection "may establish and amend regulations to implement ambient air
quality standards and emission standards.  These regulations shall be
designed to achieve and maintain ambient air quality standards and
emission standards within any region and prevent air pollution."  

 Section 107(a) of the 1990 Clean Air Act Amendments (CAA) provides that
“Each State shall have the primary responsibility for assuring air
quality within the entire geographic area comprising such State by
submitting an implementation plan for such State which will specify the
manner in which national ambient primary and secondary ambient air
quality standards will be achieved and maintained within each air
quality control region in such State."

Section 110 of the CAA provides that each state shall, after reasonable
notice and public hearing, adopt and submit a plan which provides for
the implementation, maintenance and enforcement of national ambient air
quality standards.  This plan, known as a State Implementation Plan
(SIP) consists of the regulations and planning documents a state has
developed to meet these air quality standards.  As the rulemaking body
of the Department of Environmental Protection, the Board may hold public
hearings, and has traditionally been responsible for approving
non-regulatory SIP submittals.  

	B.	Specific legal mandates requiring adoption.

Section 110(a)(2)(D)(i) of the CAA requires each state to adopt a SIP
within three years after promulgation of a national ambient air quality
standard (NAAQS) containing adequate provisions:

Prohibiting, consistent with the provisions of this title, any source or
other type of emissions activity within the State from emitting any air
pollutant in amounts which will

contribute significantly to nonattainment in, or interfere with
maintenance by, any other State with respect to any such national
ambient air quality standard, or

interfere with measures required to be included in the applicable
implementation plan for any other State under part C to prevent
significant deterioration of air quality or to protect visibility.

Location/Applicability:

The proposed SIP amendments apply statewide.

Description:

On July 16, 1997, EPA issued updated final air quality standards for
8-hour ozone and PM2.5.    Due to litigation, there were significant
delays in the implementation of the new standards and associated
planning efforts by both EPA and the states, including section
110(a)(2)(D)(i) submittals.  On April 25, 2005, EPA published a finding
that States had failed to make the required section 110(a)(2)(D)(i) SIP
submissions pertaining to the interstate transport of ozone and PM2.5. 
The finding of failure to submit action requires EPA to issue a final
Federal Implementation Plan (FIP) to meet the requirements of section
100(a)(2)(D)(i) for both the 8-hour ozone and PM2.5 standards unless EPA
approves a state SIP submission to meet those requirements.

Using air quality data analysis techniques and air quality modeling
conducted by EPA in support of the Clean Air Interstate Rule, this SIP
revision demonstrates that emissions from Maine do not contribute
significantly to other state’s nonattainment or interfere with
maintenance of the 8-hour ozone or PM2.5 NAAQS, or otherwise interfere
with visibility protection or other state’s efforts to prevent
significant deterioration of air quality.

On December 6, 2007, the Board posted the proposed SIP amendments to a
30-day public comment period, with an opportunity to request a public
hearing.  The Department did not receive any comments or requests to
hold a public hearing on this proposal.

Environmental Issues:

Ground level ozone is responsible for exacerbating a variety of
respiratory ailments, such as asthma.  Although children, the elderly
and those with respiratory problems are most at risk, even healthy
individuals may experience increased respiratory ailments and other
symptoms when they are exposed to ambient ozone while engaged in
activity that involves physical exertion.  Though these symptoms are
often temporary, repeated exposure could result in permanent lung
damage. 

Fine particulates, or PM2.5,  also pose a significant public health
threat, with health effects including premature death and increased
hospital admissions and emergency room visits (primarily the elderly and
individuals with cardiopulmonary disease); increased respiratory
symptoms and disease (children and individuals with cardiopulmonary
disease such as asthma); decreased lung function (particularly in
children and individuals with asthma); and alterations in lung tissue
and structure and in respiratory tract defense mechanisms.

Departmental Recommendation:

The Department recommends that the Board adopt the proposed SIP
amendments as submitted.

Estimated Time of Presentation:

10 minutes.

 Particulate matter with a diameter of less than 2.5 microns.

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