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Overview

Statutory Authority

Maine's Air program was created in response to Federal requirements under §110 of the Clean Air Act (1970). Following the establishment of National Ambient Air Quality Standards (NAAQS) for certain air contaminants (See CAA §109), each state was required by §110 to adopt and submit a plan for the implementation, maintenance, and enforcement of the national standards within each of its air quality control regions of each state. These state plans are known as State Implementation Plans, or SIPs. §110 also specifies implementation plan requirements which must be met for approval by the EPA administrator. Pursuant to this section of the Act, the administrator must publish and implement a plan for any state, which fails to adopt, submit and/or obtain approval for its SIP. Upon the approval, the rules adopted by a state that constitute its SIP become Federally enforceable. CAA §§ 109 and 110 are implemented through 40 CFR, Part 50 (National Primary and Secondary Ambient Air Quality Standards) and Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans). 40 CFR Part 52 (Approval and Promulgation of Implementation Plans) contains the approved SIPs for the various states; Maine's SIP is found at 40 CFR Part 52, Subpart U. On the State level, 38 M.R.S.A §341-A establishes a Department of Environmental Protection, whose purpose is stated in §341-A (1) as follows:

Purpose - The Department shall prevent, abate and control the pollution of the air, water, and land and preserve, improve, and prevent the diminution of the natural environment of the State. The Department shall protect and enhance the public's right to use and enjoy the State's natural resources and may educate the public on natural resource use, requirements, and issues. 38 M.R.S.A §581 initiates Maine's Air Program, stating in relevant part: ".The Legislature by this chapter intends to exercise the police power of the State in coordinated statewide 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 the citizens of the State; protects property values and protects plant and animal life."

Maine statutes specific to the air program may be found at 38 M.R.S.A. §§581 through 608-A; the regulations implementing the Air program are found at Department Regulations Chapters 100 through 138. Maine's Air program was created in response to Federal requirements under subsection 110 of the Clean Air Act (1970). Following the establishment of National Ambient Air Quality Standards (NAAQS) for certain air contaminants (See CAA subsection 109), each state was required by subsection 110 to adopt and submit a plan for the implementation, maintenance, and enforcement of the national standards within each of its air quality control regions of each state. These state plans are known as State Implementation Plans, or SIPs. Subsection 110 also specifies implementation plan requirements which must be met for approval by the EPA administrator. Pursuant to this section of the Act, the administrator must publish and implement a plan for any state which fails to adopt, submit and/or obtain approval for its SIP. Upon the approval, the rules adopted by a state that constitute its SIP become Federally enforceable. CCA subsections 109 and 110 are implemented through 40 CFR, Part 50 (National Primary and Secondary Ambient Air Quality Standards) and Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans). 40 CFR Part 52 (Approval and Promulgation of Implementation Plans) contains the approved SIPs for the various states; Maine's SIP is found at 40 CFR Part 52, Subpart U. go back to top

Bureau of Air Quality

The Bureau of Air Quality is one of three Bureaus within the Maine Department of Environmental Protection. The mission of the Bureau (provided in 38 M.R.S.A 581) is to coordinate a statewide program to control present and future sources of air contaminants to assure the continued health, safety and general welfare of the people of Maine, to protect property values, and to protect plant and animal life. To fulfill this mission, the Bureau implements a two-pronged strategy: first, to improve air quality in those areas where air quality has degraded; and second, to prevent the deterioration of air quality in areas where the air quality is acceptable.

The Clean Air Act requires EPA to set Ambient Air Quality Standards for certain pollutants known to be hazardous to human health. EPA has identified and set standards to protect human health and general welfare for six pollutants: ozone, carbon monoxide, particulate matter, sulfur dioxide, lead and nitrogen oxide. The term "criteria pollutants" derives from the requirement that EPA must describe the characteristics and potential health and welfare effects of these pollutants. It is on the basis of these criteria that ambient air quality standards are set or revised.

Much of the Air Bureau's activities are related to complying with ambient air quality standards. Air quality is monitored for specific pollutants at various locations throughout the state, providing feedback not only on the state of Maine's air quality in the present, but also on the trends that exist in our air quality, (such as its improvement) over time. Monitoring also tells us about the effectiveness of our programs. Emission licenses issued within the context of the Air Program are designed to ensure that emissions from manufacturing and industrial sources are sufficiently controlled so as not to diminish the quality of our air. Compliance activities within the air program ensure that terms of the licenses, and the regulations administered by the bureau are adhered to, and enforcement activities ensures a consequence for noncompliance. Inventory activities track statewide emissions of criteria pollutants, enabling trend analyses and other information critical to air quality management.

Other Bureau activities encompass air quality issues such as air toxics inventory and monitoring programs, mobile sources, mercury and acid rain deposition monitoring, and climate change. In addition, the Bureau maintains an active education and outreach program, and participates in regional efforts to curb air pollution.

The Bureau is organized into three divisions; these are the Divisions of Field Services, Licensing and Enforcement and Program and Planning. A support unit, Administration, which assists the divisions in carrying out their responsibilities.

The primary Bureau office is located in Augusta with field staff in offices in Central, Eastern, Northern and Southern Maine. go back to top

Administration

The Clerical and Administrative support staff are the point of contact for directing inquiries from the public and regulated community. In addition, these staff distribute informational material relating to the air program, provide clerical support to Bureau staff and coordinate Bureau purchasing.

The Policy and System support staff are responsible for coordination and tracking of legislative activities, the coordination of intr-bureau and inter-bureau projects, and research and development of Air Bureau Policies. In addition, these staff participate in regional and international environmental initiatives, provide database management support, and the administration of the Bureau of Air Quality's web site.

Resource Administrator

The Resource Administrator position directs the resources of the bureau to assure that bureau mandates and responsibilities are met. This is done by administering the bureau's resources in accordance with the policy, fiscal position and legislative intent that governs the mission of the bureau.

Licensing and Enforcement Division

This division is responsible for processing air emission license applications and initiating action in cases where air pollution sources are found to be in violation of air quality laws, regulations, or license conditions. The division is composed of three sections: Licensing, Enforcement and Meteorology.

The Licensing Section reviews the results of air quality impact and control technology assessments with other application information to determine whether a proposed source could cause or contribute to violations of air quality laws and regulations. The Air Bureau's licensing program is unlike all other programs in the Department of Environmental Protection because it issues State operating licenses that are federally enforceable. In other words, the federal government has delegated its air licensing responsibility for the State of Maine to the Bureau of Air Quality. Maine has been given this responsibility through delegation of the Federal Prevention of Significant Deterioration Program by the Environmental Protection Agency (EPA).

The Enforcement Section is responsible for the coordination of enforcement activities when violations have occurred. Violations can range from excess emissions of air pollutants to violations of State and Federal Laws and Regulations. Enforcement activities can range from administrative resolutions to court action with the State of Maine Attorney General's Office. The stack test coordinator is also part of the enforcement section. This position is responsible for the oversight of all stack testing activities within the state and is also the Bureau's expert on continuous emissions monitoring.

The Meteorology Section evaluates the air quality impact of emissions from local and out-of-state sources; reviews siting of meteorological instrumentation, issues daily ozone and particulate matter air quality forecasts and provides meteorological assistance to the Bureau on regional air quality issues. The staff meteorologists ensure that a proposed or existing licensed emission source will not cause, or contribute to a violation of state or federal air quality standards and increments in Class I and Class II areas, and will not cause an adverse impact to any Air Quality Related Value (i.e., visibility) in any Class I area.

Class I and Class II areas in Maine are defined in Chapter 114 of the Departments regulations.

In addition to the above, licensing engineers and meteorologists provide technical support to rulemaking efforts affecting stationary sources.

Field Services Division

The Field Services Division is responsible for air quality monitoring and air emission source compliance. This division is organized into three sections: Monitoring, Compliance and Laboratory and Quality Assurance.

The Monitoring Section is responsible for the collection, analysis and reporting of ambient air quality data. As part of its responsibilities, this section maintains the state's permanent and seasonal air quality monitors, conducts audits of industrial air monitoring systems, and issues annual air quality reports. In addition, the Monitoring section reviews air quality analysis reports submitted by permit applicants to determine the background air quality levels to use in evaluating license applications.

The Laboratory and Quality Assurance Section is responsible for the operation of analytical equipment used to measure volatile organic compounds in ambient air, and for the certification/verification of calibration standards used in the operation and maintenance of the air monitoring program. In addition, section staff oversee the quality assurance program which provides guidance in the operation of air monitoring equipment and independent audits to ensure that data being collected is accurate and meets all the state and federal guidelines.

The Compliance Inspection Section is responsible for assuring the regulated emission sources comply with their allowed emissions levels. To assure compliance, this section conducts inspections of air emission sources, reviews automated monitoring reports and conducts educational and technical assistance activities. Both the Monitoring and Compliance Sections respond to citizen complaints.

Monitoring and Compliance activities are conducted primarily out of the field offices. The Division Director and three Section Managers coordinate these activities from Bureau Headquarters in Augusta.

Program Planning Division

The Program Planning Division is comprised of the Air Toxics and Inventory Section, the Mobile Sources Section, and the Planning Section.

The Air Toxics and Inventory Section conducts emissions inventories for criteria pollutants, hazardous air pollutants (air toxics), and specific pollutants such as mercury and dioxin. In addition, this Section is responsible for the development of the air toxics program including analysis of health issues and implementation of the MACT program.

The Mobile Sources Section oversees the implementation of several mobile source emission reduction programs including the Low Emission Vehicle Program, the Inspection & Maintenance Program, Heavy Duty Diesel Testing Program. This section is also responsible for fuels issues and transportation planning coordination.

The Planning Section is responsible for all rulemaking activities, submittal of State Implementation Plan amendments, public education activities, and global climate change and energy issues.

Contact List

James P. Brooks, Bureau Director
John W. Chandler, Division Director, Field Services
Ronald Severance, Division Director, Program Planning
Bryce J. Sproul, Division Director, Licensing & Enforcement

General Info