Code of Maine Rules
06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION
096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL
Chapter 375 - NO ADVERSE ENVIRONMENTAL EFFECT STANDARDS OF THE SITE LOCATION OF DEVELOPMENT ACT
Section 096-375-1 - No Unreasonable Adverse Effect On Air Quality

Universal Citation: 06 ME Code Rules ยง 096-375-1

Current through 2024-38, September 18, 2024

A. Preamble. The Department recognizes that point source emissions from certain types of commercial and industrial developments and solid waste disposal facilities and non-point source emissions deriving from industrial, commercial, and governmental developments can have an unreasonable adverse effect on air quality.

B. Scope of Review. In determining whether the proposed development will have an unreasonable adverse effect on ambient air quality, through point or non-point sources of chemical pollutants or particulate matter, the Department shall consider all relevant evidence to that effect, such as evidence that:

(1) The best practicable treatment of point sources of air pollution will be utilized and that point source emissions meet state ambient air quality standards and state emissions standards.

(2) The amount of air pollution produced from either point or non-point sources of air emissions will be consistent with the Board's "Policy on Air Quality Use," adopted March 28, 1979.

C. Submissions. Applications for approval of proposed industrial, commercial and governmental developments and solid waste disposal facilities shall include evidence that affirmatively demonstrates that there will be no unreasonable adverse effect on air quality, including information such as the following, when appropriate:

(1) Evidence that an Air Emission License has been or will be obtained.

(2) Evidence that increased traffic generated by the development will not significantly effect the ambient air quality. Modeling of the effect of non-point sources of air pollution on ambient air quality may be requested.

D. Terms and Conditions. The Department may, as a term or condition of approval, establish any reasonable requirement to ensure that the proposed development will have no unreasonable adverse effect on air quality, such as requiring that:

(1) Emissions from point sources of pollution be monitored.

(2) The size of the parking lots be limited in order to limit the amount of non-point source pollutants generated by the development.

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