06-096 C.M.R. ch. 100, § 150 - Regulated pollutant

"Regulated pollutant" means the following:

A. Any pollutant for which a national or Maine ambient air quality standard has been promulgated;

B. Any pollutant that is subject to any standard promulgated under section 111 of the CAA;

C. Any Class I or II substance subject to a standard promulgated under or established by title VI of the CAA;

D. Except as provided in paragraph H of this definition, any pollutant subject to a standard promulgated under section 112 or other requirements established under section 112 of the CAA, including sections 112(g) (j), and (r) of the CAA, including the following:

(1) Any pollutant subject to requirements under section 112(j) of the CAA. If the Administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the CAA, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the CAA; and

(2) Any pollutant for which the requirements of section 112(g)(2) of the CAA have been met, but only with respect to the individual source subject to section 112(g)(2) requirement.

E. Any pollutant for which a Maine ambient air quality standard has been adopted through the Maine Legislature;

F. Any pollutant for which a regulation or standard has been adopted by the Maine Board of Environmental Protection; or

G. [Reserved]

H. GHGs are a regulated pollutant, except that GHGs shall not be the basis for triggering any of the following:

(1) Minor source permitting under 06-096 C. M. R. ch. 115;

(2) Minor or major New Source Review; or

(3) Part 70 permitting under 06-096 C. M. R. ch. 140.

I. The following are considered regulated pollutants:

(1) Sulfur dioxide is a precursor to PM_2.5 in all attainment and unclassifiable areas.

(2) Nitrogen oxides are presumed to be precursors to PM_2.5in all attainment and unclassifiable areas, unless the Department demonstrates to EPA's satisfaction or EPA demonstrates that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM_2.5 concentrations.

(3) Volatile organic compounds and nitrogen oxides are presumed to be precursors to ozone. However, volatile organic compounds are presumed not be precursors to PM_2.5 in any attainment or unclassifiable area, unless the Department demonstrates to EPA's satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM_2.5 concentrations.

Notes

06-096 C.M.R. ch. 100, § 150