Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 138 - REASONABLY AVAILABLE CONTROL TECHNOLOGY FOR FACILITIES THAT EMIT NITROGEN OXIDES (NOX-RACT)

SUMMARY: This regulation establishes Reasonably Available Control Technology (RACT) standards for stationary sources of Nitrogen Oxides (NOx) which have the potential to emit quantities of NOx equal to or greater than 100 tons per year.

BASIS STATEMENT

The primary purpose of the proposed new rule is to reduce the formation of ground level ozone production. In the presence of sunlight, NOx, VOC and other compounds in the ambient air react to form ozone.

The new rule is in response to the requirements of the Clean Air Act, as amended by the Clean Air Act Amendments (CAAA) of 1990. Maine is subject to requirements, because it has not attained the National Ambient Air Quality Standards for Ozone. EPA has designated seven counties as being in "moderate" nonattainment and two counties as "marginal" nonattainment.

The 1990 CAAA directs states to require major stationary sources, sources with the potential to emit 100 tons per year of NOx, to implement RACT. As the State is part of the Ozone Transport Region, NOx RACT (Reasonably Available Control Technology) for major sources is applicable statewide.

In addition to the Basis Statement above, the Department has filed with the Secretary of State its responses to comments received during the comment period.

AUTHORITY: 38 MRSA Section585 and 585-A