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USA Statutes : maine
Title : Title 38. WATERS AND NAVIGATION
Chapter : Chapter 04. PROTECTION AND IMPROVEMENT OF AIR
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Title 38 - §581. Declaration of findings and intent
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1969, c. 474, § 1 (new).]
div> 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.
[1969, c. 474, § 1 (new).]
div> 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
therefor; nor to so affect the powers of the State to initiate, prosecute and maintain actions to abate public nuisances.
[1969, c. 474, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §582. Definitions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §582. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1989, c. 546, §11 (amd).]
1. Air contaminants. "Air contaminants" includes, but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any combination
thereof.
[1989, c. 546, §11 (amd).]
2. Air contamination source. "Air contamination source" means any and all sources of emission of air contaminants, whether privately or publicly owned
or operated. Without limiting the generality of the foregoing, this term includes all types of business, commercial and industrial
plants, works, shops and stores; heating and power plants and stations; buildings and other structures of all types, including
single and multiple family residences, apartments, houses, office buildings, hotels, restaurants, schools, hospitals, churches
and other institutional buildings; garages and vending and service locations and stations, railroad locomotives, ships, boats
and other water-borne craft; portable fuel-burning equipment, indoor and outdoor incinerators of all types, refuse dumps and
piles; and any machinery, equipment, stack, conduit, flue, duct, vent, chimney or other apparatus leading out of any of the
foregoing.
[1979, c. 127 §212 (amd).]
3. Air pollution. "Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants in sufficient quantities and
of such characteristics and duration as to be injurious to human, plant or animal life or to property, or which unreasonably
interfere with the enjoyment of life and property throughout the State or throughout such areas of the State as shall be affected
thereby.
[1983, c. 760, §1 (amd).]
4. Air pollution control apparatus. "Air pollution control apparatus" means and includes any appliance, equipment or machinery which removes, reduces controls,
eliminates, disposes of or renders less noxious the emission of air contaminants into ambient air.
[1989, c. 546, §11 (amd).]
5. Ambient air. "Ambient air" means all air outside of buildings, stacks or exterior ducts.
[1969, c. 474, §1 (new).]
5-A. Best practical treatment. "Best practical treatment" means that method which controls or reduces emissions of air contaminants to the lowest possible
level considering:
A. The then existing state of technology;
[1973, c. 438, §1 (new).]
B. The effectiveness of available alternatives for reducing emissions from the source being considered; and
[1989, c. 546, §11 (amd).]
C. The economic feasibility for the type of establishment involved.
[1973, c. 438, §1 (new).]
[1989, c. 546, §11 (amd).]
6. Board.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §155 (rp).]
6-A.
[1977, c. 78, §207 (rp).]
6-A-1. Bulk gasoline plant. "Bulk gasoline plant" means, except for gasoline service stations, any gasoline storage and distribution facility or bulk
gasoline terminal with a daily throughput of 76,000 liters, or 20,000 gallons, or less, that receives gasoline from refineries,
bulk gasoline terminals or through direct import.
[1989, c. 546, §11 (new).]
6-B. Bulk gasoline terminal. "Bulk gasoline terminal" means a gasoline storage facility which receives gasoline from refineries, primarily by pipeline,
ship or barge, and delivers gasoline to bulk gasoline plants or commercial or retail accounts primarily by tank truck, and
has a daily throughput of more than 76,000 liters, or 20,000 gallons, of gasoline.
[1989, c. 197, §1 (rpr).]
7. Emission. "Emission" means a release of air contaminants into ambient air or the air contaminants so released.
[1989, c. 546, §11 (amd).]
7-A. Emission source. "Emission source" means any and all sources of emissions of air contaminants, whether privately or publicly owned or operated.
[1973, c. 438, §3 (new).]
7-A-1. External floating roof. "External floating roof" means a storage vessel cover in an open-top tank consisting of a double deck or pontoon single
deck which rests upon and is supported by the petroleum liquid being contained and is equipped with a closure seal or seals
to close the space between the roof edge and tank shell.
[1979, c. 385, §1 (new).]
7-B. Fuel-burning equipment. "Fuel-burning equipment" means any furnace, boiler or apparatus,and all appurtenances thereto, used in the process of burning
fuel including stationary internal combustion engines.
[1989, c. 546, §11 (amd).]
7-C-1. Fugitive emissions. "Fugitive emissions" means emissions of air contaminants which do not pass through a stack, flue, chimney or vent.
[1989, c. 546, §11 (amd).]
7-D. General process source. "General process source" means any emission source, except fuel-burning equipment, incinerators, mobile sources, open burning
sources and sources of fugitive emissions.
[1989, c. 546, §11 (amd).]
7-E. Incinerator. "Incinerator" means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or
substance, but does not include any device, apparatus or equipment used to burn material-separated, refuse-derived fuel.
A.
[1989, c. 546, §11 (rp).]
B.
[1989, c. 546, §11 (rp).]
C.
[1989, c. 546, §11 (rp).]
D.
[1989, c. 546, §11 (rp).]
E.
[1989, c. 546, §11 (rp).]
F.
[1989, c. 546, §11 (rp).]
G.
[1989, c. 546, §11 (rp).]
H.
[1989, c. 546, §11 (rp).]
I.
[1989, c. 546, §11 (rp).]
[1991, c. 220, §1 (amd).]
7-E-1. Internal floating roof. "Internal floating roof" means a cover or roof in a fixed-roof tank which rests upon or is floated upon the petroleum liquid
being contained, and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.
[1979, c. 385, §1 (new).]
7-E-2. Lowest achievable emission rate. "Lowest achievable emission rate" means the more stringent rate of emissions based on the following:
A. The most stringent emission limitation which is contained in any implementation plan of any state for that class or category
of source, unless the owner or operator of the proposed source demonstrates that those limitations are not achievable; or
[1989, c. 546, §11 (amd).]
B. The most stringent emission limitation achieved in practice by that class or category of source, whichever is more stringent.
In no event may "lowest achievable emission rate" result in the emission of any pollutant in excess of those standards and
limitations promulgated pursuant to Section 111 or 112 of the United States Clean Air Act, as amended, or any emission standard
established by the board.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §156 (amd).]
[1989, c. 546, §11 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §156 (amd).]
7-F. Modification.
[1979, c. 718, §4 (rp).]
7-G. Hazardous air pollutant. "Hazardous air pollutant" means an air pollutant to which no ambient air standard is applicable and which in the judgment
of the board causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality
or an increase in serious irreversible, or incapacitating reversible, illness. This term includes, but is not limited to,
those pollutants for which the United States Environmental Protection Agency has adopted National Emission Standards for Hazardous
Air Pollutants pursuant to 40 Code of Federal Regulations, Part 61.
[1989, c. 546, §11 (amd).]
7-H. Gasoline dispensing facility. "Gasoline dispensing facility" means any gasoline service station, bulk terminal or bulk plant or any other facility or
organization, governmental or private, that stores gasoline in tanks having a capacity of greater than 250 gallons, and dispenses
fuel for motor vehicle use.
[1989, c. 197, §2 (new).]
7-I. Material-separated, refuse-derived fuel. "Material-separated, refuse-derived fuel" means a binder-enhanced, pelletized, solid fuel product made from the combustible
fraction of a municipal solid waste stream that has been processed to remove the recyclable material before combustion. The
product may not contain more than 6% by weight of plastic, metal, glass or food waste. In addition, the production of material-separated,
refuse-derived fuel may not exceed 40% by weight of the total municipal solid waste stream from which it was derived.
[1991, c. 220, §2 (new).]
8. Municipality. "Municipality" includes, for purposes of enacting an air pollution control ordinance, only cities, organized towns and plantations.
[1983, c. 703, §1 (amd).]
8-A. Opacity. "Opacity" means the degree of light obscuring capability of emissions of visible air contaminants expressed as a percentage.
Complete obscuration shall be expressed as 100% opacity.
[1989, c. 546, §11 (amd).]
8-B. Open burning. "Open burning" means the burning of any type of combustible material in the open ambient air without being completely enclosed
and where the products of combustion are emitted directly into the ambient air without passing through a stack, chimney or
duct or other device or structure.
[1973, c. 438, §4 (new).]
9. Person. "Person" means any individual, partnership, corporation, whether private, public or quasi-municipal, municipality, state
governmental agency or other legal entity.
[1969, c. 474, §1 (new).]
9-A. Process weight rate. "Process weight rate" means the average total weight of all materials, not including any gaseous or liquid fuels, solid
fuels or combustion air, introduced into any manufacturing, industrial or combustion process that may result in the emission
of any regulated pollutant to the ambient air, computed on an hourly basis, and shall be expressed in terms of weight per
unit of time.
[1989, c. 546, §11 (amd).]
9-B. Petroleum liquids. "Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in
a petroleum refinery.
[1989, c. 546, §11 (amd).]
9-B. Potential emmissions.
[1979, c. 718, §5 (rp).]
9-C. Potential emmissions.
[1981, c. 470, Pt. A, §166 (rp).]
9-D. PM10. "PM10" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured
by a reference method based on 40 Code of Federal Regulations, Part 50, Appendix J and designated in accordance with 40 Code
of Federal Regulations, Part 53.
[1995, c. 493, §11 (new).]
10. Region. "Region" means an air quality region or regions established by the board pursuant to section 583.
[1989, c. 546, §11 (amd).]
10-A. Resource recovery facility. "Resource recovery facility" has the same meaning as an incineration facility defined in section 1303-C, subsection 16 except
that, for the purposes of this chapter, a facility that burns material-separated, refuse-derived fuel but does not burn municipal
solid waste or refuse-derived fuel as defined in section 1303-C is not a resource recovery facility.
[1991, c. 220, §3 (new).]
11. Ringelmann Chart. "Ringelmann Chart" shall mean the chart published and described in the United States Bureau of Mines Information Circular
8333, on which are illustrated graduated shades of gray for use in estimating the light obscuring density or opacity of any
black emissions or any other such device which may be approved by the board.
[1989, c. 546, §11 (amd).]
11-A. Solid waste fuel. "Solid waste fuel," when burned as fuel in solid waste fuel-burning equipment, means any material, other than primary fossil
fuel, including, without limitation, garbage, refuse, sludge from a waste treatment plant or air pollution control facility,
sawdust, shavings, chips, bark, slabs or inert fill material.
[1979, c. 476, §2 (new).]
11-B. Solid waste fuel-burning equipment. "Solid waste fuel-burning equipment" means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning
solid waste fuel for the primary purpose of producing thermal energy. Equipment used to burn material-separated, refuse-derived
fuel either alone or with another fuel other than solid waste fuel or refuse-derived fuel as defined in section 1303-C is
not solid waste fuel-burning equipment.
[1991, c. 220, §4 (amd).]
11-C. True vapor pressure. "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with
methods described in American Petroleum Institute Bulletin 2517, "Evaporation Loss from Floating Roof Tanks," 1962.
[1981, c. 470, Pt. A, §167 (ral).]
11-D. Air quality score. "Air quality score" means a score given to a hazardous air pollutant by the Department of Health and Human Services based
on the sum of qualitative scores, plus the standard deviation, in 4 categories; carcinogenicity, mutagenicity, reproductive
effects and acute effects.
[1993, c. 412, §7 (new); 2003, c. 689, Pt. B, §6 (rev).]
11-E. Air quality units. "Air quality units" means the result of the Department of Health and Human Services' toxicity score for a hazardous air
pollutant multiplied by the estimated emissions of that hazardous air pollutant.
[1993, c. 412, §7 (new); 2003, c. 689, Pt. B, §6 (rev).]
12. Waste. "Waste" means refuse, garbage, rubbish, trash or unwanted or discarded materials of any kind and source.
A.
[1989, c. 546, §11 (rp).]
B.
[1989, c. 546, §11 (rp).]
C.
[1989, c. 546, §11 (rp).]
D.
[1989, c. 546, §11 (rp).]
E.
[1989, c. 546, §11 (rp).]
F.
[1989, c. 546, §11 (rp).]
G.
[1989, c. 546, §11 (rp).]
[1989, c. 546, §11 (amd).]
div> Additional words, terms and phrases, whether used in this chapter or not, may be defined for purposes of this chapter by the
board by regulation, but in no case may a definition established by this section be altered by board regulation.
[1971, c. 618, §12 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §583-A. Regulations for hearing and applications (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §583-A. Regulations for hearing and applications (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §583-B. Classification of air quality control regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §583-B. Classification of air quality control regions
The air quality regions set forth in section 583 or portions thereof are classified as follows:
[1979, c. 381, § 6 (new).]
1. Class I. Class I:
A. Those federal lands which have been established as mandatory Class I areas by the Federal Clean Air Act: Acadia National
Park located in the Downeast Air Quality Region; Moosehorn National Wildlife Refuge located in the Downeast Air Quality Region;
and the Roosevelt Campobello International Park located in New Brunswick, Canada;
[1979, c. 381, § 6 (new).]
[1979, c. 381, § 6 (new).]
2. Class II. The areas in the State not designated Class I or Class III or nonattainment areas shall be Class II areas;
[1979, c. 381, § 6 (new).]
3. Class III.
[1979, c. 381, § 6 (new).]
4. Nonattainment areas. The board shall have the authority to designate certain regions or portions thereof as nonattainment areas after opportunity
for a public hearing and determination that any ambient air quality standard is being exceeded;
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §157 (amd).]
5. Redesignation of class.
A.
[1979, c. 732, § 28 (rp).]
B. Other areas may be redesignated as follows:
(1) The board may recommend to the Legislature the redesignation of any air quality region in whole or in part, to Class
I, II or III. Prior to this recommendation, an opportunity for a public hearing shall be offered in areas which may be affected
by the proposed redesignation. Prior to notice of the hearing opportunity, a report shall be made available with a description
and an analysis of health, environmental, economic, social and energy impacts with 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 the redesignation. All proposed redesignations shall be submitted to the Legislature for enactment.
[1983, c. 566, § 33 (amd).]
[1983, c. 566, § 33 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §583. Establishment of air quality regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §583. Establishment of air quality regions
The board may establish reasonable air quality regions within the State for the purposes of conducting air quality studies,
and establishing reasonable ambient air quality standards and emission standards therein.
[1975, c. 618, § 12 (amd).]
div> The following air quality regions, established by the board are adopted:
[1975, c. 618, § 12 (amd).]
1. Metropolitan Portland Air Quality Region. The Metropolitan Portland Air Quality Region shall consist of the Counties of York, Cumberland, Sagadahoc and the municipalities
of Brownfield, Denmark, Fryeburg, Hiram and Porter in the County of Oxford.
[1971, c. 346 (new).]
1-A. Portland Peninsula Air Quality Region. The Portland Peninsula Air Quality Region shall consist of that section of the City of Portland bordered on the west by Interstate
295, on the south and east by the Fore River and on the north by Casco Bay and the inlet to Back Bay.
[1985, c. 746, § 25 (amd).]
2. Central Maine Air Quality Region. The Central Maine Air Quality Region shall consist of the Counties of Androscoggin, Kennebec, Knox, Lincoln and Waldo; of
the municipalities of New Portland, Embden, Solon, Athens, Harmony, Cambridge, Ripley and all other municipalities in Somerset
County to the south of these; of the municipalities and unorganized territory of Township No. 6, Phillips, Salem Township,
Freeman Township and all other municipalities and unorganized territory in Franklin County to the south of these; and of the
municipalities and unorganized territory of Stow, Batchelder, Grant, Gilead, Riley T.A. No. 1, Grafton T.A. No. 2, Andover
North Surplus, Byron and all other municipalities in Oxford County to the south and east of these with the exception of those
municipalities within the Metropolitan Portland Air Quality Region.
[1971, c. 346 (new).]
3. Downeast Air Quality Region. The Downeast Air Quality Region shall consist of the Counties of Hancock and Washington; of the municipality of Stacyville,
the unorganized territory of T.3, R.7, W.E.L.S., T.3, R.8, W.E.L.S. and all other municipalities and unorganized territory
in Penobscot County to the south of these; and of the municipalities and unorganized territory of Blanchard Plantation, Monson,
Willimantic, Bowerbank, Barnard Plantation, T.6, R.8, W.E.L.S. (Williamsburg Township), Brownville, Lake View Plantation and
all other municipalities and unorganized territory in Piscataquis County to the south of these.
[1971, c. 346 (new).]
4. Aroostook Air Quality Region. The Aroostook Air Quality Region shall consist of all municipalities and unorganized territory in Aroostook County not included
within the Northwest Air Quality Region.
[1971, c. 346 (new).]
5. Northwest Maine Air Quality Region. The Northwest Maine Air Quality Region shall consist of the municipality of Upton, the unorganized territory of C Surplus
Township, C Township and all other municipalities and unorganized territory in Oxford County to the north of these; the municipalities
and unorganized territory of D Township, E Township, Madrid, T.4, R.1, B.K.P., W.K.R., Kingfield and all other municipalities
and unorganized territory in Franklin County to the north of these; of the municipalities and unorganized territory of Lexington
Plantation, Concord Township, Bingham, Brighton Plantation and all other municipalities and unorganized territory in Somerset
County to the north of these; of the municipalities and unorganized territory of Shirley, Elliottsville Plantation, T.7, R.9,
W.E.L.S., T.6, R.9, W.E.L.S. (Katahdin Iron Works), T.5, R.9, W.E.L.S., T.4, R.9, W.E.L.S. and all municipalities and unorganized
territory in Piscataquis County to the north of these; of the municipality of Patten, the unorganized territory of T.4, R.7,
W.E.L.S., T.4, R.8, W.E.L.S., and all other municipalities and unorganized territory in Penobscot County to the north of these;
and the municipality of St. Francis, the unorganized territory of T.16, R.9, W.E.L.S., T.15, R.9, W.E.L.S., T.14, R.9, W.E.L.S.,
T.13, R.9, W.E.L.S., T.12, R.9, W.E.L.S., T.11, R.9, W.E.L.S., and all other municipalities and unorganized territory in Aroostook
County to the west of these.
[1971, c. 346 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-A. -- enactment
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §584-A. -- enactment
The ambient air quality standards set forth in this section, which are expressed in terms of 25` centigrade and 760 millimeters
of mercury pressure, shall apply in all air quality regions:
[1971, c. 570 (new).]
1. Particulate matter. In regard to particulate matter:
A. The level of the 24-hour particulate matter ambient air quality standard is 150 micrograms per cubic meter, as measured
in the ambient air as PM10, based on methods contained in 40 Code of Federal Regulations, Part 50, Appendix M. The standards are attained when the average of the 99th percentile of the 24-hour concentrations measured each calendar year
for a 3-year period does not exceed 150 micrograms per cubic meter, as determined in accordance with 40 Code of Federal Regulations,
Part 50, Appendix N; and
[1999, c. 79, §1 (amd).]
B. The level of the annual standard for particulate matter is 40 micrograms per cubic meter annual arithmetic mean, as measured
in the ambient air as PM10, based on methods contained in 40 Code of Federal Regulations, Part 50, Appendix J. The standards are attained when the expected annual arithmetic mean concentration, as determined in accordance with 40 Code
of Federal Regulations, Part 50, Appendix K, is less than or equal to 40 micrograms per cubic meter.
[1989, c. 155, §1 (rpr).]
[1999, c. 79, §1 (amd).]
2. Sulfur dioxide.
A. Sulfur dioxide concentration for any 3-hour period at any location shall not exceed 1150 micrograms per cubic meter, except
once per year.
[1987, c. 242 (amd).]
B. Sulfur dioxide concentration for any 24-hour period at any location shall not exceed 230 micrograms per cubic meter, except
once per year.
[1987, c. 242 (amd).]
C. The annual arithmetic mean of the 24-hour average sulfur dioxide concentrations at any location shall not exceed 57 micrograms
per cubic meter.
[1971, c. 570 (new).]
[1987, c. 242 (amd).]
3. Carbon monoxide.
A. Carbon monoxide concentration for any 8-hour period at any location shall not exceed 10 milligrams per cubic meter, except
once per year.
[1971, c. 570 (new).]
B. Carbon monoxide concentration for any 1-hour period at any location shall not exceed 40 milligrams per cubic meter, except
once per year.
[1971, c. 570 (new).]
[1971, c. 570 (new).]
4. Photochemical oxidant.
[1995, c. 306, §1 (rp).]
4-A. Ozone. For purposes of statutory interpretation, rules, regulations, licensing determinations, policy guidance and all other actions
by the department or the board relating to the control of ozone precursors for the purpose of controlling ozone or photochemical
oxidant, any reference to an ambient air quality standard is interpreted to refer to the national ambient air quality standard
for ozone established pursuant to Section 109 of the federal Clean Air Act as amended, 42 United States Code, Section 7409.
[1995, c. 306, §2 (new).]
5. Hydrocarbon.
[1995, c. 642, §7 (rp).]
6. Nitrogen dioxide. The annual arithmetic mean of the 24-hour average nitrogen dioxide concentration at any location shall not exceed 100 micrograms
per cubic meter.
[1971, c. 570 (new).]
7. Lead. The maximum 24-hour lead concentration at any location shall be 1.5 micrograms per cubic meter, which standard may be exceeded
once per year.
[1981, c. 157 (new).]
8. Chromium.
A. Until the time that an analytical procedure for measuring hexavalent chromium in the ambient air is approved:
(1) The maximum 24-hour total chromium concentration at any location shall not exceed 0.3 micrograms per cubic meter; and
(2) The annual geometric mean of the total chromium concentrations at any location shall not exceed 0.05 micrograms per cubic
meter.
[1983, c. 359, §1 (new).]
B. Subsequent to the establishment of an acceptable analytical procedure for measuring hexavalent chromium in the ambient air:
(1) The maximum 24-hour ambient air quality impact of hexavalent chromium from a potential source of hexavalent chromium
air emissions, as defined in section 611, subsection 2, shall not exceed the minimum detection limit of that procedure, or
1.0 nanogram per cubic meter, whichever is greater.
[1983, c. 359, §1 (new).]
[1983, c. 359, §1 (new).]
9. Perchloroethylene. The maximum annual concentration of perchloroethylene at any location may not exceed 0.01 micrograms per cubic meter.
[1991, c. 646 (new).]
10. Toluene. The ambient air quality standards for toluene are as follows.
A. The maximum concentration of toluene at any location may not exceed 15,000 micrograms per cubic meter.
[1991, c. 646 (new).]
B. The maximum concentration of toluene for any 24-hour period at any location may not exceed 260 micrograms per cubic meter.
[1991, c. 646 (new).]
C. The maximum annual concentration of toluene at any location may not exceed 180 micrograms per cubic meter.
[1991, c. 646 (new).]
[1991, c. 646 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-B. Establishment of ambient increments -- Class I regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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:
[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
[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
[1995, c. 493, §12 (amd).]
[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;
[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
[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.
[1979, c. 381, §7 (new).]
[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.
[1989, c. 860, §2 (new).]
[1989, c. 860, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-C. Establishment of ambient increments -- Class II regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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:
[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
[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;
[1995, c. 493, §13 (amd).]
[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;
[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
[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.
[1989, c. 860, §4 (new).]
[1989, c. 860, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-D. Establishment of ambient increments -- Class III regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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:
[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
[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;
[1995, c. 493, §14 (amd).]
[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;
[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
[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.
[1989, c. 860, §6 (new).]
[1989, c. 860, §6 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-E. Exclusions from applicable increments -- Class I, II and III regions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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;
[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
[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.
[1979, c. 381, § 7 (new).]
[1979, c. 381, § 7 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584-F. Ozone health warnings
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[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.
[1995, c. 306, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §584. Establishment of ambient air quality standards
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1989, c. 144, §1 (amd).]
div> 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.
[1989, c. 144, §1 (amd).]
div> 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.
[1989, c. 144, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-A. Establishment of standards
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1989, c. 144, §4 (amd).]
div> 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.
[1989, c. 144, §4 (amd).]
div> 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.
[1989, c. 144, §4 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §159 (amd).]
div> 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.
[1999, c. 107, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-B. Hazardous air pollutant standards
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §585-B. Hazardous air pollutant standards
1. Standards. The board may establish and amend emission standards for hazardous air pollutants, and regulations to implement these standards.
If emission standards are not feasible, the board may adopt design, equipment, work practice or operational standards for
activities emitting hazardous pollutants.
[1989, c. 144, §5 (amd).]
2. Procedure. All standards and regulations under this section shall be adopted in conformance with the Maine Administrative Procedure
Act, Title 5, chapter 375, except as provided in this section. Prior to the establishment or amendment of these standards
and regulations, the board shall conduct a public hearing to receive testimony on:
A. Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Health
and Human Services;
[1983, c. 535, §2 (new); 2003, c. 689, Pt. B, §6 (rev).]
B. The extent to which the public is exposed to the pollutant;
[1983, c. 535, §2 (new).]
C. The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions
of hazardous pollutants; and
[1983, c. 535, §2 (new).]
D. Any other information that would assist the board in establishing standards adequate to protect the public health and safety.
[1983, c. 535, §2 (new).]
[1983, c. 535, §2 (new); 2003, c. 689, Pt. B, §6 (rev).]
3. Relation to ambient standards. The board may control hazardous air pollutants if no ambient air quality standards have been established for those pollutants.
[1989, c. 144, §5 (amd).]
4. Legislative review.
[1989, c. 144, §6 (rp).]
5. Standards for mercury. Notwithstanding subsection 1, an air emission source may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per
year after January 1, 2000 and 22.7 kilograms, or 50 pounds, per year after January 1, 2004. Compliance with these limits
must be specified in the license of the air emission source. The board shall establish by rule testing protocols and measurement
methods for emissions sources for which the board has not established such protocols and methods for determining compliance
with the emission standard for mercury. These rules are routine technical rules under Title 5, chapter 375, subchapter II-A.
An air emission source may apply to the board for an extension or modification of the 22.7-kilogram, or 50-pound, limit as
follows.
A. An emission source may submit an application to the board no later than January 1, 2003 for a 6-month extension of the January
1, 2004 deadline to meet the 22.7-kilogram, or 50-pound, limit. The board shall grant the extension if the board determines,
based on information presented by the source, that compliance with the limit is not achievable by the deadline due to engineering
constraints, availability of equipment or other justifiable technical reasons.
[1997, c. 722, §3 (new).]
B. An emission source may submit an application to the board no later than January 1, 2003 for a license modification establishing
an alternative emission limit for mercury. The board shall grant the license modification if the board finds that the proposed
mercury emission limit meets the most stringent emission limitation that is achievable and compatible with that class of source,
considering economic feasibility.
[1997, c. 722, §3 (new).]
Pending a decision on an application for an extension or a license modification under this subsection, the 45.4-kilogram,
or 100-pound, limit applies to the emission source.
Notwithstanding the January 1, 2000 compliance date in this subsection, a resource recovery facility that is subject to an
emissions limit for mercury adopted by rule by the board before January 1, 2000 shall comply with the 45.4-kilogram, or 100-pound,
mercury emissions limit after December 19, 2000.
[1997, c. 722, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-C. Hazardous air pollutant emissions inventory
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[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)" Headnote=" The total emissions; and
p align="center">(5) The percentage of total emissions generated by sources with existing air licenses.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §160 (amd).]p align="center">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.
[1995, c. 313, §1 (amd).]p align="center">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.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §160 (amd).]p align="center">D. Information relating to the emissions inventory submitted to the commissioner under this section may be designated by
the person submitting it as being only for the confidential use of the commissioner. Designated confidential information
must be handled as confidential information is handled under section 1310-B, with the exception of emissions data which is
public record.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §160 (amd).]p align="center">E.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §160 (rp).]
[1995, c. 313, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-D. New motor vehicle emission standards
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[2005, c. 245, §1 (amd).]
1. New England states adoption.
[1999, c. 582, §1 (rp).]
2. Ozone transport region adoption.
[1999, c. 582, §1 (rp).]
div> 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.
[2005, c. 245, §1 (amd).]
div> The department shall annually evaluate whether the State should continue to implement and enforce California low-emission
vehicle standards relating to the control of emissions from new motor vehicles or new motor vehicle engines. The evaluation
must include a review of the benefits and costs of enforcing the California standards and the benefits and costs of adopting
the federal standards. The department shall report on its evaluation to the joint standing committee of the Legislature having
jurisdiction over natural resources matters by January 15, 2007 and by January 15th every year thereafter. The joint standing
committee of the Legislature having jurisdiction over natural resources matters may report out legislation related to the
department's evaluation to the Legislature.
[2005, c. 245, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-E. Gasoline station vapor recovery requirements
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §585-E. Gasoline station vapor recovery requirements
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Stage II vapor recovery system" means a system for gasoline vapor recovery of emissions from the fueling of motor vehicles
as described in Section 182(b)(3) of the federal Clean Air Act, 42 United States Code, Section 7511a(b)(3) (1995).
[1995, c. 493, §15 (new).]
B. "Volatile organic compound 15% reduction plan" or "15% reduction plan" means the plan for reasonable further progress required
in Section 182(b)(1) of the federal Clean Air Act, 42 United States Code, Section 7511a(b)(1) (1995).
[1995, c. 493, §15 (new).]
C. "California enhanced vapor recovery system" means a service station vapor recovery system certified by the California Air
Resources Board under requirements approved by the California Air Resources Board on March 23, 2000.
[2001, c. 233, §1 (new).]
[2001, c. 233, §1 (amd).]
2. Stage II rule adoption. The board may adopt a rule requiring installation of Stage II vapor recovery systems in gasoline stations in Cumberland,
York and Sagadahoc counties. The rule may impose the requirements only on stations that sold 1,000,000 gallons of gasoline
or more in calendar year 1994 or a subsequent calendar year, unless department information gathering indicates that a threshold
of 1,000,000 gallons is insufficient to provide emission reduction credits needed to meet the volatile organic compound 15%
reduction plan requirement. The department shall confer with the joint standing committee of the Legislature having jurisdiction
over natural resource matters at least one week before the public hearing on any rule that proposes a threshold lower than
1,000,000 gallons per calendar year.
[1995, c. 493, §15 (new).]
2-A. California enhanced vapor recovery system. The board may not adopt rules or requirements mandating that any service station install or retrofit a vapor recovery system
to meet the requirements of a California enhanced vapor recovery system.
[2001, c. 233, §2 (new).]
3. Status report. On or before February 1, 1996, the commissioner shall submit a status report to the Governor and to the joint standing committee
of the Legislature having jurisdiction over natural resource matters on the following matters:
A. The status of United States Environmental Protection Agency approval, disapproval, review or comment on the State's volatile
organic compound 15% reduction plan, including inventory of sources and credits for proposed control programs;
[1995, c. 493, §15 (new).]
B. The status of the State's request to be exempt from the auto emissions inspection program requirement;
[1995, c. 493, §15 (new).]
C. The status of the State's requests for redesignation of air planning areas; and
[1995, c. 493, §15 (new).]
D. A description of federal regulations for which the United States Environmental Protection Agency will allow the State to
take credit in its volatile organic compound 15% reduction plan.
[1995, c. 493, §15 (new).]
[1995, c. 493, §15 (new).]
4. Conference with legislative committee. The Governor shall confer with the joint standing committee of the Legislature having jurisdiction over natural resource
matters no later than March 1, 1996 to discuss the commissioner's report submitted under subsection 3 and to review whether
the Stage II vapor recovery system rule should be amended or repealed.
[1995, c. 493, §15 (new).]
5. Controls needed for 15% reduction plan. If the State receives written notice from the United States Environmental Protection Agency disapproving the State's 15%
reduction plan, or otherwise disallowing reduction credits necessary for approval, the board shall adopt rules to provide
additional controls of emissions of volatile organic compounds as needed to meet the 15% reduction plan requirement, which
may include revision or readoption of the Stage II vapor recovery system rule. The department shall confer with the joint
standing committee of the Legislature having jurisdiction over natural resource matters before it proposes revision or readoption
of a Stage II vapor recovery system rule at a threshold lower than 1,000,000 gallons per year.
[1995, c. 493, §15 (new).]
6. Section repeal. No later than April 1, 2002 the department shall provide to the joint standing committee of the Legislature having jurisdiction
over natural resources matters an appropriate date for the repeal of this section.
[2001, c. 233, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-F. Motor vehicle emissions labeling program
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1997, c. 500, §8 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-G. Motor vehicle inspection and maintenance program requirement
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1997, c. 786, §8 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-H. MTBE monitoring and reductions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §585-H. MTBE monitoring and reductions
The department shall monitor shipments of gasoline to storage terminals in this State and compile annual reports showing the
levels of methyl tertiary butyl ether, referred to in this section as "MTBE," in gasoline brought into this State.
[1999, c. 709, §2 (new).]
div> The department shall promote and actively participate in regional efforts by state regulatory agencies in the Northeast to
develop alternatives to the use of MTBE as a gasoline additive.
[2003, c. 638, §3 (amd).]
1. Market constraints.
[2003, c. 638, §3 (rp).]
2. Lowest environmental impact.
[2003, c. 638, §3 (rp).]
div> The department shall annually, no later than February 1st of each year, present a report to the joint standing committee of
the Legislature having jurisdiction over natural resources matters on the levels of MTBE in gasoline brought into this State.
The committee may report out to any session of any Legislature legislation relating to MTBE use in gasoline.
[2003, c. 638, §3 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-I. MTBE
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §585-I. MTBE
The following provisions apply to the sale of MTBE in the State.
[2003, c. 638, §4 (new).]
1. Definition. For purposes of this section, "MTBE" means the gasoline oxygenate methyl tertiary butyl ether.
[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 12 of 1% by volume MTBE that is intended for sale to ultimate consumers in this State.
[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.
[2003, c. 638, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585-J. Architectural coatings
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[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.
[2005, c. 181, §1 (new).]
[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.
[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.
[2005, c. 181, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §585. Establishment of emission standards
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1971, c. 618, § 12 (amd).]
div> 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.
[1983, c. 566, § 37 (amd).]
div> 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.
[1989, c. 144, §2 (amd); c. 890, Pt. A, §40 (aff); Pt. B, §158 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §586. Subpoena power (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §586. Subpoena power (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §587. Variances
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §587. Variances
Any person who owns or is in control of any source for which an air emission license was granted and construction was commenced
prior to January 6, 1975, or a source other than a new or modified major stationary source for which an air emission license
is granted after January 6, 1975, may apply to the department for a variance from ambient air quality standards or emission
standards promulgated under this chapter. The application must be accompanied by such information and data as the department
may reasonably require. The department may grant the variance if it finds that:
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §161 (amd).]
1. No danger to human health or safety. The emissions occurring or proposed to occur do not endanger human health or safety;
[1979, c. 381, § 9 (amd).]
2. Compliance to produce hardship. Compliance with the rules or regulations from which variance is sought would produce serious hardships; and
[1979, c. 381, § 9 (amd).]
3. Violation. The variance will not cause or contribute to a violation of the applicable ambient air increment.
[1983, c. 566, § 41 (amd).]
div> No variance may be granted except after opportunity for a public hearing in the municipality where the applicant maintains
the building or business in connection with which the variance is sought.
[1983, c. 566, § 41 (amd).]
div> If the variance is granted on the ground that there is no practicable means known or available for the adequate prevention,
abatement or control of the air pollution involved, it is good only until the necessary means for prevention, abatement or
control become known and available and subject to the taking of such reasonable substitute or alternate measures as the department
may prescribe.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §162 (amd).]
div> If the variance is granted on the ground that compliance with the particular requirement or requirements from which variance
is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable
period of time, it is for a period not to exceed such reasonable time as the department finds is requisite for the taking
of the necessary measures.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §162 (amd).]
div> If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided
for in subsections 1 and 2, it is only for such time as the department considers reasonable.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §162 (amd).]
div> Any variance may be renewed on terms and conditions and for periods which would be appropriate on initial granting of a variance.
If complaint is made to the department on account of the variance, no renewal of the variance may be granted, unless following
public hearing on the complaint on due notice, the department finds that renewal is justified. No renewal may be granted except
on application therefor.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §162 (amd).]
div> Any person adversely affected by a variance or renewal granted by the board may obtain judicial review thereof by a proceeding
in the Superior Court. Judicial review of the denial of a variance or denial of renewal thereof may be had only on the ground
that the denial was arbitrary or capricious.
[1971, c. 618, § 12 (amd).]
div> Nothing in this section and no variance or renewal granted pursuant hereto shall be construed to prevent or limit the application
of the emergency provisions and procedures of section 347-A, subsection 3, to any person or that person's property.
[1989, c. 878, Pt. A, §115 (amd).]
div> Any owner or operator of a new or modified major emitting source who applies for an air emission license after January 6,
1975, shall not be eligible for a variance from ambient air quality standards, including applicable ambient air increments,
except that the source may apply for a variance to increments applicable to mandatory federal Class I areas under the terms
and conditions set forth in section 165(d) of the Federal Clean Air Act, 42 United States Code Annotated, section 7475(d).
[1979, c. 381, § 11 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §588. Transcript to be made (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §588. Transcript to be made (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §589. Registration; penalties
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §589. Registration; penalties
The commissioner may require the registration of persons or air contamination sources, of a type the board may by rule prescribe,
engaged in activities that emit air contaminants and may also require persons operating stationary air contamination sources
to install, maintain and use reasonable emission monitoring devices as the board by rule may prescribe.
[1991, c. 384, §9 (rpr); §16 (aff).]
1. Reporting requirements. Persons may be required by the commissioner to periodically report on the location, size of outlet, height of outlet, rate
and period of emission and composition of air contaminants, location and type of air pollution control apparatus and other
information as prescribed by rule of the board.
A. The commissioner shall establish procedures for reporting ambient air quality data, including reporting violations of ambient
air quality standards and emission standards.
[1991, c. 384, §9 (new); §16 (aff).]
B. A person may not be required to submit to the commissioner more than one copy of ambient air monitoring data or meteorological
data more frequently than quarterly unless required by the federal Environmental Protection Agency.
[1991, c. 384, §9 (new); §16 (aff).]
[1991, c. 384, §9 (new); §16 (aff).]
2. Stack tests. A person is not required to conduct stack tests for particulate matter on a source monitored by a continuous monitoring
device for opacity as specified by 40 Code of Federal Regulations, Part 60, Appendix B, specification 1 or appropriate surrogate
parameters as required by the commissioner more frequently than once every 2 years unless visible emissions, operating parameters
or another cause indicates the source may be operating out of compliance with any applicable emission standard.
[1991, c. 384, §9 (new); §16 (aff).]
3. Emission monitoring devices. Except as provided in this subsection, failure by a person to register, install, maintain and use emission monitoring devices
or to file reports from those devices renders that person liable to the penalties prescribed in section 349. Emission monitoring
devices must record accurate and reliable data during all source-operating time except for periods when emission monitoring
devices are subject to established quality assurance and quality control procedures or to unavoidable malfunction. In any
enforcement action brought by the department, the burden of proof is on the licensee to demonstrate that the failure of emission
monitoring devices to record accurate and reliable data was due to an unavoidable malfunction or the performance of established
quality assurance and quality control procedures on the monitoring system.
A. The department may not initiate enforcement action pursuant to section 349 against any person for failure to operate a continuous
emission monitoring system for gaseous emissions as long as the system is recording accurate and reliable data at least 90%
of the source-operating time in each quarter of the calendar year. If the continuous emission monitoring system for gaseous
emissions is recording accurate and reliable data less than 90% of source-operating time within any quarter of the calendar
year, the department may initiate enforcement action and may include in that enforcement action any period of time that the
continuous emission monitoring system was not recording accurate and reliable data during that quarter unless the licensee
can demonstrate to the satisfaction of the department that the failure of the system to record accurate and reliable data
was due to the performance of established quality assurance and quality control procedures or unavoidable malfunctions.
[1993, c. 464, §1 (new).]
B. The department may not initiate enforcement action pursuant to section 349 against any person for failure to operate a continuous
opacity monitoring system as long as the system is recording accurate and reliable data at least 95% of the source-operating
time in each quarter of the calendar year, excluding time periods when the licensee is performing quality assurance and quality
control procedures on the system that are required by the department. If the continuous opacity monitoring system is recording
accurate and reliable data less than 95% of the source-operating time within any quarter of the calendar year, the department
may initiate enforcement action and may include in that enforcement action any period of time that the continuous opacity
monitoring system was not recording accurate and reliable data during that quarter unless the licensee can demonstrate to
the satisfaction of the department that the failure of the system to record accurate and reliable data was due to the performance
of established quality assurance and quality control procedures or unavoidable malfunctions.
[1993, c. 464, §1 (new).]
[1993, c. 464, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-A. License terms
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §590-A. License terms
The term of air emission licenses is 5 years, except that the board may establish, by rule, shorter license terms for the
following source categories as it deems necessary to protect the public health, safety and welfare:
[1987, c. 279 (new).]
1. Waste incinerators. Sources designed to burn solid waste for which a municipality is responsible pursuant to section 1305;
[1987, c. 279 (new).]
2. Innovative control. Sources utilizing new or innovative air pollution control technology; and
[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.
[1987, c. 279 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-B. Testing at resource recovery facilities
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §590-B. Testing at resource recovery facilities
1. Testing; first 2 years of commercial operation. Testing is required at each resource recovery facility burning municipal solid waste at least once in every 6-month period
during the first 2 years of commercial operation for the presence of dioxin and heavy metals, including, but not limited to,
lead, cadmium and chromium in the emissions of the facility. The cost of these tests must be paid by the applicant or permittee.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
2. Testing after first 2 years of licensure. After the facility has been in operation and licensed for 2 years, testing is required for dioxin and heavy metals, including,
but not limited to, lead, cadmium and chromium in the emissions of the facility at a frequency determined by the board by
rule. The cost of these tests must be paid by the applicant or permittee.
A. The rules adopted by the board under this section establish a system of monitoring the overall air emission performance
of resource recovery facilities employing surrogate measures of combustion efficiency and other parameters that, in the judgment
of the board, may affect the creation of dioxin emissions and the emission of heavy metals. The board shall provide for minimum
acceptable operating conditions as indicated by the surrogate measures. Failure to achieve and maintain these conditions
will result in testing for dioxin and heavy metals as indicated by the surrogate measures.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
B. Scheduling of tests required by this subsection must reflect the operating conditions that originally required the testing
to ensure the greatest protection of public health and the environment. Seasonal differences in waste stream composition
and atmospheric and climatic conditions must be taken into account in conducting the tests.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
C. The board shall adopt rules under this section on or before January 1, 1989.
[1987, c. 688 (new).]
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
2-A. Testing results. The results of all tests required under this section must be submitted to the commissioner within 30 days of testing.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (new).]
3. Public and local participation. The municipal officers, or their designees, of the municipality within which the facility is located or, in the case of
a facility located within an unorganized territory or plantation, the county commissioners, or their designees, may conduct
an independent review of any testing protocol, test results and their interpretations and any standards or assumptions upon
which the test protocol or results are based, which items are required by this section.
The review authorized in this subsection may make use of the services of independent consultants and may include, without
limitation, review of the testing protocol, test results and their interpretations and any standards or assumptions upon which
the test protocol or results are based. The cost of each review must be paid by the applicant or permittee in an amount not
to exceed $1,000 per test.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
4. Authority for further tests. The department shall have the authority to make such further tests for compliance as the department determines necessary
and the board may reinstate a license when tests indicate compliance.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §165 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-C. Incinerator classification (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §590-C. Incinerator classification (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-D. Waste classification (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §590-D. Waste classification (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-E. Combustion of material-separated, refuse-derived fuel
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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:
[1991, c. 220, §5 (new).]
1. Registration. The fuel-burning equipment is registered with the Oil and Solid Fuel Board;
[1991, c. 220, §5 (new).]
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
[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.
[1991, c. 220, §5 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590-F. Safety precautions for children touring incinerator facilities
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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:
[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
[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.
[2003, c. 441, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney. Office of the Revisor of Statutes 7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §590. Licensing
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §590. Licensing
1. License required. 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. An incinerator may not be used to dispose of solid waste
without a license from the department, except an incinerator with a primary chamber volume no greater than 133 cubic feet
or 1,000 gallons that burn only wood waste as defined in Title 12, section 9324, subsection 7-A and painted and unpainted
wood from construction and demolition debris.
[2001, c. 626, §16 (amd).]
2. Applications. Applications for air emission licenses must be made in a form prescribed by the commissioner and contain the information
related to the proposed air contamination source and emission of air contaminants required by rule of the board. All hearings
under this section must be held in a municipality within the region where the proposed emission is to be located. At this
hearing, the department shall solicit and receive testimony concerning the nature of the proposed emissions; their effect
on existing ambient air quality standards within the region; the availability and effectiveness of air pollution control apparatus
designed to maintain the emission for which a license is sought at the levels required by law; and the expense of purchasing
and installing this apparatus. The department shall grant the license and may impose appropriate and reasonable conditions
as necessary to secure compliance with ambient air quality standards if the department finds that the proposed emission will:
A. Receive the best practical treatment;
[1991, c. 658, §1 (new).]
B. Not violate or be controlled so as not to violate applicable emission standards; and
[1991, c. 658, §1 (new).]
C. Either alone or in conjunction with existing emissions, not violate or be controlled so as not to violate applicable ambient
air quality standards.
[1991, c. 658, §1 (new).]
[1991, c. 658, §1 (new).]
3. Best practical treatment. Emissions from existing sources undergoing license renewal are receiving best practical treatment if those emissions are
being controlled by an air pollution control apparatus installed less than 15 years prior to the date of license application
approval or an accepted best practical treatment analysis shows that those emissions are being controlled in a manner consistent
with emission controls commonly used in sources of similar age and design in similar industries, unless:
A. The applicant is proposing replacement of the existing air pollution control apparatus;
[1991, c. 658, §1 (new).]
B. Additional reductions are necessary to achieve or maintain ambient air quality standards;
[1991, c. 658, §1 (new).]
C. The department determines that emissions of air contaminants for which an ambient air quality standard has not been adopted
pose an unreasonable risk to the environment or public health; or
[1991, c. 658, §1 (new).]
D. Additional reductions are necessary to restore ambient air quality increments, even if the applicant has been previously
authorized to use that increment.
[1991, c. 658, §1 (new).]
The department may at the time of the license renewal require additional instrumentation; operating practices; automated process
controls; replacement of component parts; emission testing, including requirements for continuous emission monitors; equipment
maintenance programs; or record keeping to increase the efficiency of existing air pollution control apparatus or other pollution
mitigating measures.
[1991, c. 658, §1 (new).]
4. Low sulfur fuel. Best practical treatment does not include the use of fuel with a lower sulfur content than that specified in section 603-A
unless a lower sulfur fuel is required to comply with applicable emission standards or applicable ambient air quality standards.
[1991, c. 658, §1 (new).]
5. License conditions for start-up, shutdown and malfunctions. In making license decisions and conditions, the department shall consider the extent to which operation of the licensed
facility requires an allowance for excess emissions during cold start-ups and shutdowns of the facility as long as that facility
is operated to minimize emissions and is otherwise subject to applicable standards. When the applicant demonstrates to the
department that, consistent with best practical treatment requirements and other applicable standards, infrequent emissions
are unavoidable during these periods, the department shall establish appropriate license allowances and conditions.
[1993, c. 232, §3 (amd).]
6. Installation period. If an air emission license renewal or amendment can be granted only if the licensee installs additional emission controls
or other mitigating measures, then the licensee may continue to emit pollutants from air contaminant sources that will receive
these controls or measures up to the same level allowed in its existing air emission license as long as the additional emission
controls or mitigating measures are fully operational as soon as practicable but in no case later than 24 months after the
department issues the license renewal or amendment, except as provided in this subsection. After a showing by the licensee
that it can not install and bring to full operation required emission controls or mitigating measures within the 24-month
period, the department may establish a later date for the installation and operation.
[1991, c. 658, §1 (new).]
7. Compliance with federal law. The department has the authority to deny an air emission license for a new or modified major emitting source when it determines
that the source will not comply with the requirements imposed pursuant to the Federal Clean Air Act, Title 1, Part C, subpart
2, as amended, related to the impairment of visibility in mandatory Class 1 federal areas.
[1991, c. 658, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
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State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §591-A. Modifications to a licensed source
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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;
[1991, c. 384, §12 (new); §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;
[1991, c. 384, §12 (new); §16 (aff).]
C. Results in the emission of any air contaminant not previously emitted;
[1991, c. 384, §12 (new); §16 (aff).]
D. Constitutes construction of a new emission unit; or
[1991, c. 384, §12 (new); §16 (aff).]
E. Constitutes the reconstruction of a new emission unit as defined in 40 Code of Federal Regulations, 60.15 (1990).
[1991, c. 384, §12 (new); §16 (aff).]
[1991, c. 384, §12 (new); §16 (aff).]
2. Changes not considered modifications. The following changes are not modifications to a licensed source:
A. Routine maintenance, repair and replacement;
[1991, c. 384, §12 (new); §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);
[1991, c. 384, §12 (new); §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);
[1991, c. 384, §12 (new); §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
[1991, c. 384, §12 (new); §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.
[1991, c. 384, §12 (new); §16 (aff).]
[1991, c. 384, §12 (new); §16 (aff).]
The Revisor's Office cannot provide legal advice or
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advice, please consult
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State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §591-B. Meteorological data collection
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1991, c. 384, §12 (new); §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;
[1991, c. 384, §12 (new); §16 (aff).]
B. Sufficient ambient air quality violations occur to make collection of additional meteorological data necessary; or
[1991, c. 384, §12 (new); §16 (aff).]
C. The emission source configuration is significantly changed.
[1991, c. 384, §12 (new); §16 (aff).]
[1991, c. 384, §12 (new); §16 (aff).]
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §591. Prohibitions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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 or section 585-B.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §166 (amd).]
div> 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.
[1989, c. 890, Pt. A, §40 (aff); Pt. B, §166 (amd).]
The Revisor's Office cannot provide legal advice or
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §592-A. Soiling of property; nuisance
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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.
[1989, c. 155, §2 (new); c. 890, Pt. A, §40 (aff); 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.
[1991, c. 138 (amd).]
The Revisor's Office cannot provide legal advice or
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §592. Violations; general procedures (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §592. Violations; general procedures (REPEALED)
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §593. Violations; emergency procedures (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §593. Violations; emergency procedures (REPEALED)
The Revisor's Office cannot provide legal advice or
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §594. Appeals (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §594. Appeals (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §595. Enforcement; violations (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §595. Enforcement; violations (REPEALED)
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §596. Violations of orders and regulations; penalties (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §596. Violations of orders and regulations; penalties (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §597. Municipal air pollution control
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §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 shall bind persons residing in the municipality.
[1969, c. 474, § 1 (new).]
The Revisor's Office cannot provide legal advice or
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Augusta, Maine 04333-0007
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Title 38 - §598. Visible emissions (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §598. Visible emissions (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §599. Open burning (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §599. Open burning (REPEALED)
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §600. Fuel-burning equipment particulate emission standard (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §600. Fuel-burning equipment particulate emission standard (REPEALED)
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §601. Incinerator particulate emission standard (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §601. Incinerator particulate emission standard (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §602. General process source particulate emissions (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §602. General process source particulate emissions (REPEALED)
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Title 38 - §603-A. Low sulfur fuel
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §603-A. Low sulfur fuel
1. Scope. This section shall apply to those fuel-burning sources in the State which are not required to achieve the lower emission
rates of new source performance standards or as required to satisfy the case-by-case requirements of best available control
technology.
[1983, c. 504, §10 (new).]
2. Prohibitions. Except as provided in subsections 4 and 5, no person may use any liquid fossil fuel with a sulfur content exceeding the
limits in paragraph A or any solid fossil fuel with a sulfur content to heat content ratio exceeding the limits of paragraph
B.
A. The sulfur content for liquid fossil fuels is as follows.
(1) In the Central Maine, Downeast, Aroostook County and Northwest Maine Air Quality Control Regions, no person may use any
liquid fossil fuel with a sulfur content greater than 2.5% until November 1, 1991, and 2.0% by weight any time thereafter.
In the Metropolitan Portland Air Quality Control Region outside the Portland Peninsula Air Quality Control Region, no person
may use any liquid fossil fuel with a sulfur content greater than 2.5% until November 1, 1991, and 2.0% by weight any time
thereafter.
(2) In the Portland Peninsula Air Quality Control Region, no person may use any liquid fossil fuel with a sulfur content
greater than 1.5% by weight any time after November 1, 1975.
[1989, c. 501, Pt. CC, §1 (amd).]
B. The sulfur content for solid fossil fuels is as follows:
(1) 1.2 pounds sulfur per million British Thermal Units until November 1, 1991, and .96 pounds sulfur per million British
Thermal Units thereafter, calculated as a calendar quarter average for sources in the Central Maine, Downeast, Aroostook County,
Northwest Maine Air Quality Control Regions and that portion of the Metropolitan Portland Air Quality Region outside the Portland
Peninsula Air Quality Region. A calendar quarter shall be composed of the months as follows: (1) January, February, March;
(2) April, May, June; (3) July, August, September; and (4) October, November, December; and
(2) 0.72 pounds sulfur per million British Thermal Units calculated as a calendar quarter average for sources in the Portland
Peninsula Air Quality Region. A calendar quarter shall be composed of the months as follows: (1) January, February, March;
(2) April, May, June; (3) July, August, September; and (4) October, November, December.
[1989, c. 501, Pt. CC, §1 (amd).]
[1999, c. 657, §24 (amd).]
3. Records.
[1991, c. 663, §1 (rp).]
4. Flue gas desulfurization. Any source that installs any approved flue gas desulfurization system or other prescribed sulfur removal device must be
permitted to use fuel with a sulfur content in excess of the limitations of subsection 2 such that, after control, total sulfur
dioxide emissions do not exceed 1.92 pounds of sulfur dioxide per million British Thermal Units in any 24-hour period or emission
rates corresponding to the fuel sulfur limitations required for sources on the Portland peninsula.
Except for lime kilns at pulp and paper mills, the department may require any person achieving compliance by means of an approved
flue gas desulfurization system or other prescribed sulfur removal device to operate a continuous emission monitoring device
for sulfur dioxide.
[1993, c. 464, §2 (amd).]
4-A. Electrical generating facilities.
[1999, c. 657, §25 (rp).]
5. Fuel blending.
[1991, c. 663, §2 (rp).]
6. Test methods and procedures.
[1991, c. 663, §2 (rp).]
7. Emergency variance.
[1991, c. 663, §2 (rp).]
The Revisor's Office cannot provide legal advice or
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Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 38 - §603-B. Acid deposition control
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §603-B. Acid deposition control
1. Legislative findings and intent. The Legislature finds that acid deposition, commonly referred to as "acid rain," resulting from commercial, industrial or
other emissions of sulfur dioxide and nitrogen oxides, is occurring in the State. The Legislature also finds that acid deposition
poses a present and severe threat to the State's natural resources, including its fish and wildlife, agriculture and water
resources, as well as to the State's economy and public health. Increasing evidence suggests that acid deposition also affects
the State's economy by reducing the growth productivity of the State's forest resources.
[1985, c. 498, § 1 (new).]
2. Nitrogen oxides emission inventory. The department shall prepare an inventory of both current and potential nitrogen oxide emission sources in the State. The
department shall also evaluate the contribution of nitrogen oxide emissions to acid deposition and other air pollution problems
in the State. The inventory and evaluation shall be completed and submitted to the Legislature by January 31, 1987.
[1985, c. 498, § 1 (new).]
3. Acid rain impact study. The department shall complete a study covering the following areas:
A. A resampling and measuring of the response of the State's lakes located in sensitive geologic areas;
[1985, c. 498, § 1 (new).]
B. An identification of sensitive receptor areas throughout the State based on, but not limited to, the following criteria:
Geology; elevation; lake size; watershed area; and aquatic and terrestrial flora;
[1985, c. 498, § 1 (new).]
C. An assessment of the impact of acid deposition on the growth and productivity of the State's forest resources; and
[1985, c. 498, §1 (new).]
D. A determination through long-range modeling techniques of the contribution of both in-state sources and out-of-state sources
to acid rain deposition in the State.
[1985, c. 498, § 1 (new).]
In preparing this study, the department shall coordinate with and utilize as fully as possible the research being conducted
at the University of Maine and research conducted by the United States Environmental Protection Agency regarding the acid
rain problem. Results of this study shall be reported to the Legislature, together with recommendations for further actions,
no later than January 31, 1987.
[1985, c. 779, § 84 (amd).]
The Revisor's Office cannot provide legal advice or
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Title 38 - §603. Low sulfur fuel
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §603. Low sulfur fuel
1973, c. 438, § 8 (new). 1975, c. 669, § 4 (amd). 1983, c. 504, §9 (rp).
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Title 38 - §604. Sulfur dioxide emission standard for sulfite pulping processes (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §604. Sulfur dioxide emission standard for sulfite pulping processes (REPEALED)
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Title 38 - §605. Malfunctions
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §605. Malfunctions
Any person owning or operating any emission source that suffers a malfunction or breakdown in any component part and that
malfunction or breakdown causes a violation of any emission standards shall notify the commissioner within 48 hours and submit
a written report to the department on a quarterly basis.
[1995, c. 235, §2 (amd).]
The Revisor's Office cannot provide legal advice or
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Title 38 - §606-A. Tire-derived fuel
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §606-A. Tire-derived fuel
Any physical or operational change of an industrial power boiler that does not result in an increase in permitted emissions
and that is undertaken for the purpose of allowing the source to burn tire-derived fuel is not a modification of the source
or emissions unit pursuant to regulations implementing section 590.
[1989, c. 869, Pt. C, §8 (new).]
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Title 38 - §606. Nonpoint sources or indirect sources; review of public ways (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §606. Nonpoint sources or indirect sources; review of public ways (REPEALED)
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Title 38 - §607. Municipal alternative (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §607. Municipal alternative (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §608-A. Soil decontamination
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §608-A. Soil decontamination
Any rotary drum mix asphalt plant may process up to 10,000 cubic yards of soil contaminated by gasoline or #2 fuel oil per
year without an air emissions license pursuant to section 590. This limit may be exceeded with written authorization from
the commissioner. The plant owner or operator shall notify the commissioner at least 24 hours prior to processing the contaminated
soil and specify the contaminating fuel and quantity, origin of the soil and fuel and the disposition of the contaminated
soil. The owner or operator shall maintain records of these activities for 6 years.
[1991, c. 817, §32 (rpr).]
The Revisor's Office cannot provide legal advice or
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This page created on: 2005-10-01
Title 38 - §608. Stationary source performance standards (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §608. Stationary source performance standards (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §609-A. Gasoline service station vapor control (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §609-A. Gasoline service station vapor control (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §609-B. Motor vehicle fuel volatility limit (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §609-B. Motor vehicle fuel volatility limit (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §609-C. Gasoline tank truck tightness; self-certification (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §609-C. Gasoline tank truck tightness; self-certification (REPEALED)
The Revisor's Office cannot provide legal advice or
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Title 38 - §609. Petroleum liquid storage vapor control (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §609. Petroleum liquid storage vapor control (REPEALED)
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Title 38 - §610-A. Hexavalent chromium particulate emission standard (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §610-A. Hexavalent chromium particulate emission standard (REPEALED)
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Title 38 - §610. Petroleum liquids transfer vapor recovery (REPEALED)
Title 38: WATERS AND NAVIGATION Chapter 4: PROTECTION AND IMPROVEMENT OF AIR §610. Petroleum liquids transfer vapor recovery (REPEALED)
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This page created on: 2005-10-01
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