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Contact Information:

Department of Environmental Protection
Bureau of Air Quality,
17 State House Station
Augusta, ME 04333-0017

(207) 287-2437

Or view the Department's
Website

Relevant State Agencies:

Maine Public Utilities Commission

PUC Distributed Generation Report

Northeast CHP Application Center

Major Utilities:

Fitchburg Gas and Electric Light Company

Central Maine Power Company

Bangor Hydro-Electric Company

Maine Public Service Company

Madison Department of Electric Works

Select Another State

Specific Issues:

EMISSIONS REGULATIONS

GUIDE TO FEDERAL REGULATIONS

STATE ENVIRONMENTAL REGULATIONS

SITING REGULATIONS

EXIT FEES

STANDBY RATES

BUILDING, ZONING
AND FIRE CODES


AMMONIA ISSUES

REPORTING REQUIREMENTS

ECONOMIC INCENTIVES

MAINE

Air Emissions Regulations | Siting Regulations | Exit Fees | Regulatory Codes | Standby Rates

AIR EMISSIONS REGULATIONS:

Air Quality Status The whole state is in the Ozone Transport Region. Seven areas are in moderate nonattainment for ozone.
EPA's Nonattainment Areas
Major Source Threshold 100 tons of criteria pollutants triggers NSR 
Minor Source Permitting Exemption Fuel and size-based exemption
Minor Source Treatment BACT
Emergency Generating Limits


Low Sulfur Fuel Requirements:

A diesel-powered generator must be fired with a fuel having a sulfur content less than 500 part per million. Beginning on June 1, 2010 this limit will be reduced to 15 parts per million.

CHAPTER 148 EMISSIONS FROM SMALLER-SCALE ELECTRIC GENERATING RESOURCES:

Emission standards for non-emergency non-mobile generators having a capacity greater than 50 kilowatts installed on or after January 1, 2005 are as follows:

Date Nitrogen Oxides (lbs/MWh) Particulate Matter (lbs/MWh) Carbon Monoxide (lbs/MWh)
Installed on or after January 1, 2005 4.0 0.7 10.0
Installed on or after January 1, 2009 1.5 0.07 2.0
Installed on or after January 1, 2013 Reserved Reserved Reserved


CHP Credit:

Generators that use CHP may take credit for the heat recovered from the exhaust of the combustion unit to meet the emission standards. Credit will be at the rate of one MWh for each 3.4 million BTUs of heat recovered. To take credit for CHP, the owner or operator of units not sold and certified as an integrated package by the manufacturer:
a) Must provide as part of the application documentation of the heat recovered, electric output, efficiency of the generator alone, efficiency of the generator including CHP, and the use for the non-electric output; and

b) The heat recovered must equal at least 20 percent of the total energy output of the CHP unit and at least 13 percent of the total energy output must be electric. The design efficiency must be at least 55 percent.
Generators subject to these limits may apply for an alternative emission limitation on a case-by-case basis upon approval from the Department of Environmental Protection and EPA.

DE MINIMIS EXEMPTIONS:

Sources that meet the fuel and size conditions below are exempt from permitting:

  • Fuel-burning equipment smaller than 10 MMBtu/hr

  • Stationary internal combustion engine smaller than 5 MMBtu/hr

  • Gas/propane fired stationary internal combustion engine smaller than 10 MMBtu/hr and which demonstrates that the potential to emit is 25 tons/year or less of any pollutant.
  • MINOR SOURCE PERMITTING:

    The restrictions and controls under a minor source permit will be determined on a case by case basis. All sources have to install Best Available Control Technology (BACT) for all criteria pollutants. The state also enforces an opacity limit that varies based on the type of unit. There are additional PM and SO2 standards that vary with location, size and type of unit.

    MAJOR NSR/PSD PERMITTING:

    250 tons of any criteria pollutant triggers PSD. 100 tons of NOx and VOC triggers NSR in nonattainment areas.

    TREATMENT OF EMERGENCY ENGINES:

    "Emergency generators" means generators used only during emergencies or for maintenance purposes, provided that the maximum annual operating hours, including maintenance, shall not exceed 500 hours per calendar year. Emergency generators shall not be operated in conjunction with any voluntary demand-reduction program or any other interruptible supply arrangement with a utility, other market participant, or system operator. Any engine that is certified under EPA non-road standards is automatically certified under this rule to operate as an emergency generator.

    Siting Requirements for Non-Utility Generators:

    The Public Utility Commission no longer has any siting authority over electrical generation facilities as a result of deregulation. However, Maine has a fairly lengthy environmental review process. Particulars of permitting vary with each facility, but nearly all require air emission, wastewater, storm water, wetland and Site Location of Development ("Site Law") permits.

    EXIT FEES:

    There are no exit fees for DG in the state of Maine. (See below)

    Section 3209 of the Maine electric restructuring act states that:

    A customer who significantly reduces or eliminates consumption of electricity due to self-generation, conversion to an alternative fuel or demand-side management may not be assessed an exit or reentry fee in any form for the reduction or elimination of consumption or reestablishment of service with a transmission and distribution utility.

    BUILDING, ZONING AND FIRE CODES:

    There is no state-mandated building code for any building or occupancy classification in the state of Maine. It is up to local jurisdictions to adopt and enforce building and fire codes. However, the state legislature created a working group to debate the merits of the formulation of a statewide code. Their October 2003 Report and Recommendations can be viewed by clicking here.

    International Code Council State Adoption Information Page

    Provides an easy to use US map to locate state and local adoption of the International Code Council's model codes.

    US DOE's Office of Building Technology, State and Community Programs, Building Codes Database

    The US DOE's database provides a comprehensive look at a state's building code implementation and enforcement process.



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