WHAT'S NEW:

No recent state activity has been identified.

AIR EMISSIONS REGULATIONS:

Air Quality Status	No areas are in nonattainment. However, the entire state is in the Ozone Transport Region (OTR) and must therefore submit a state implementation plan (SIP) showing how they will meet the 2008 ozone standards and install certain controls for ozone, even if they meet attainment standards. The elements to be included in the SIP are – an attainment demonstration, a reasonable further progress plan, and a reasonably available control technology (RACT) plan. In March 2008, the EPA issued findings on which states had missed CAA requirements for submitting their 1997 SIPs. Maine had failed to submit their VOC and NOx RACT SIPs. EPA's Nonattainment Areas
Major Source Threshold	Facilities with the pte 50 tpy of NOx and VOCs in the OTR.
Minor Source Permitting Exemption	Fuel and size-based exemption
Minor Source Treatment	BACT
Emergency Generating Limits	500 hrs per year

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

The PM standards listed above only apply to a generator with a reciprocating engine using liquid fuel.

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 whose total maximum design heat input is less than 10 MMBtu/hr
• Stationary internal combustion engine (SICE) (or a combination of these units) whose maximum total design heat input is less than 5 MMBtu/hr
• Gas/propane fired stationary internal combustion engine (or a combination of these units) with a total maximum design heat input of less than 10 MMBtu/hr and which demonstrates that the potential to emit is 25 tons/year or less of any pollutant.
• Total facility general process sources whose emissions, without consideration of air pollution control apparatus and under normal operation, are less than 100 lb/day or 10/lb hour of any regulated pollutant. This exemption will not apply to units subject to regulation of the control of hazardous air pollutants, new source performance standards (NSPS), or national emission standards for hazardous air pollutants (NESHAPS).

 

MINOR SOURCE PERMITTING

Minor sources include facilities with the pte of less than 50 tpy of VOCs, 10 tpy of any single HAP and 25 tpy of all HAPs combined, and less than 100 tpy of any other regulated pollutant. 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. Minor source application materials and other information can be found here, http://www.state.me.us/dep/air/licensing/minor.htm.

All licensed air emission sources (major and minor) must pay an annual license fee. The fee is accessed based on the sum of all licensed allowable pollutants, except for carbon monoxide. The fees are as follows –

• Annual licensed emissions in tons from 1 to 1000 must pay a fee of $7.28 per ton;
• From 1001 to 4000 must pay a fee of $14.59 per ton;
• Additional emissions over 4,001 must pay a fee of $21.86 per ton.

In addition, an air quality surcharge of $13.41 for every 1000 air quality units is added to the annual license fee. The minimum annual license fee is $334 and the maximum annual license fee is $201,326. The minimum air quality surcharge is $134 and the maximum is $67,130.

More information about licensing fees can be found here, http://www.state.me.us/dep/feesched.pdf.

MAJOR NSR/PSD PERMITTING

Major sources are considered to be those with the pte 50 tons per year of VOCs, and 100 tpy of NOx (any pte above those listed for minor sources). Major sources are required to obtain a Part 70 license. Part 70 license requirements can be found here, http://www.maine.gov/sos/cec/rules/06/096/096c140.doc. All Title V facilities are required to submit semiannual reports to the Bureau of Air Quality, Department of Environmental Protection. In some instances, facilities may be required to submit quarterly reports, semiannual reports are due on July 30 th and January 30 th. More information on reporting requirements and other standards applicable to major sources can be found here, http://www.state.me.us/dep/air/licensing/major.htm.

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.

BUILDING, ZONING AND FIRE CODES:

Building Codes: Maine enforces the Maine Model Building Code as a minimum standard for local jurisdictions that are adopting new codes after 2004. It is not mandatory that localities replace existing building codes with the model code. The model code is based on the 2003 IBC. [1] However, beginning Jan. 1, 2010, a new statewide mandatory uniform building code will come into affect, most likely based on the 2009 IBC. A new government unit, the Technical Building Codes and Standards Board, will be in place beginning Nov. 2008. [2]

Energy Codes: For commercial buildings, Maine has enforced since 2005, the MaineModel Building Energy Code based on ASHRAE 90.1-2001, 2003 IECC, and ASHRAE 62-2001 and ASHRAE 62.2-2003. However, beginning Jan. 1, 2010, a new statewide mandatory uniform building code will come into affect, most likely based on the 2009 IECC. A new government unit, the Technical Building Codes and Standards Board, will be in place beginning Nov. 2008. [3]

Fire Codes: Maine enforces its Fire Prevention Code, which is based on NFPA’s 2006 UFC.

• Maine State Fire Marshal

Zoning: Zoning and planning happens at the local level. Some restrictions are enforced for specific types of land (i.e. coastal) by state code. Check with each jurisdiction regarding their zoning codes.

Resources (information may not be as current as provided above)

A general overview of each state’s enacted codes can be found HERE.

The International Code Council Adoption page gives state-by-state adoption status of specific ICC codes, as well as information about code adoption by some municipal governments within that state.

Information about energy codes can be found at the Department of Energy’s Building Codes for Energy Efficiency page or at the Building Codes Assistance Project

INTERCONNECTION REQUIREMENTS:

Maine does not have statewide interconnection standards. However, in April 2008, the Governor signed LD 2149 into law. This bill requires the Public Utilities Commission (PUC) to review and make a final determination regarding the establishment of statewide standards for the interconnection of small renewables to the grid.

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.

UTILITY STANDBY RATES:

Maine does not have a statewide policy on standby rates. Also, utilities in state are often very small, i.e. local cooperatives, etc. and often do not have their rates available online.