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State of the

Environment

Commissioner Patricia AhoE2Tech Conference

July 9, 2015

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Our Values, Our Vision

“To treat everyone with courtesy, respect and

consideration and to be mindful of the special qualities that make

Maine a place where we all want to live, work and

prosper.”

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Our Heritage

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

We have changed…

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Our Future

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Trends, Issues and Innovation

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

DEP Senior Managers

Heather Parent

Deputy Commissioner

Heather.Parent@maine.gov

David Madore

Communications Director

David.Madore@maine.gov

Leslie Anderson

Innovation Director

Leslie.Anderson@maine.gov

Justin French

Policy Director

Justin.French@maine.gov

Patricia Aho

Patricia.Aho@maine.gov

207-287-2812

www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Bureau of Air QualityMarc A. R. Cone, P.E.

Bureau DirectorJuly 9, 2015

Your Air Update:

• Air Quality Progress

• Ozone Status

• Mobile Source Strategies

• Existing Power Plant Challenges

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Ambient Air Monitoring Stations

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

1992 1-hour (120 ppb) Ozone NAAQS Nonattainment Areas

2015 8-hour (75 ppb) Ozone NAAQS Nonattainment Areas

OzoneNational Ambient Air Quality Standard

• EPA proposes to revise the 8-hour Ozone NAAQS

• Comment Period Closed March 2015

• October 2015 – Deadline for final 8-hour Ozone NAAQS

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

0.050

0.055

0.060

0.065

0.070

0.075

0.080

0.085

0.090

0.095

1997-99 1998-00 1999-01 2000-02 2001-03 2002-04 2003-05 2004-06 2005-07 2006-08 2007-09 2008-10 2009-11 2010-12 2011-13 2012-14

DE

SIG

N V

AL

UE

(P

PM

)

3-year averaging period

OZONE DESIGN VALUE* TRENDS IN MAINE (*3-yr Avg of 4th High Daily Max)

Southwest Coast

Mid-Coast

Downeast Coast

Western interior

Eastern Interior

North and Western Mtns

NAAQS

OZONE DESIGN VALUE* TRENDS IN MAINE

(*3-yr Avg of 4th High Daily Max)

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Ozone Transport Impacts

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Ozone Potential Nonattainment Area for 70 NAAQS Ozone Potential Nonattainment Area for 65 NAAQS

Recent Mobile

Source Strategies

Tier 3

SmartWay

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is Tier 3?

• Systems Approach: More Stringent Vehicle Standards Enabled by Gasoline Sulfur Control

• Tighter VOC and NOx Tailpipe Standards

• Tighter Particulate Tailpipe Standards

• Tighter Evaporative Emissions Standards

• Starts Phase in with 2017 Model Year through 2025 Model Year

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Tier 3 Fuel Standards

• Lowers the Annual Average Sulfur Standard from 30 to 10 ppm

• Starting January 1, 2017

• Lowers Sulfur Provides Immediate Emission Reductions from the Existing Fleet

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

DEP Joins SmartWay

• A strong, efficient transportation fleet is vital to Maine’s economy and environment.

• SmartWay is an innovative partnership between the private sector, DEP, and EPA.

• SmartWay’s purpose is to help businesses move goods in the cleanest most efficient way possible.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

SmartWay Innovative Technologies

• Reducing aerodynamic drag improves fuel efficiency and saves up to 16 metric tons of CO2

• Idle reductions reduce emissions and lower fuel costs

• Alternative fuels such as biofuels, natural gas, and propane

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Existing Power Plants’

Future Challenges

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

PROPOSED:EPA’s Clean Power Plan, CAA Section 111(d)

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

The CPP’s stated purpose (in part):

• “…to address greenhouse gas (GHG) emissions from existing fossil fuel-firedelectric generating units (EGUs)” [emphasis added]

• CO2 emission reductions of 30% from 2005 levels

Make it equitable and effective

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Recognize Renewable Electricity Generation

• Biomass Generation

• Hydro Generation

• Recognize early investment

• Recognize credit for the state generating the electricity, regardless of where the electricity is consumed

Maine advocates for changes:

Concerns:

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Maine advocates for changes:

• Maine’s Affected EGUs

• Cogeneration Units

• International Grid Arrangements

111(d) Considerations

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• What will the final rule require?

• What sources will be subject?

• How will renewable energy be accounted for?

• Will Maine be penalized for investing in “early reductions”?

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Marc Cone

Marc.A.Cone@maine.gov

207-287-1932www.maine.gov/dep

Bureau of

Water Quality

Mick Kuhns, P.E.Bureau Director

July 9, 2015

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Water Quality Trend/Status

What is the quality of our waters?

Are they getting better or worse?

How do we compare with other states?

Important that we understand the

answers to these questions.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Rivers and Streams

Morrison Stream Androscoggin River

SW of Town of Bethel 19th Annual Source to the Sea

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Rivers and Streams

Over 55,000 miles of rivers and streams:

1987 2012

Class AA 985 mi 3,404 mi

Class A 13,471 mi 25,007 mi

Class B 34,515 mi 26,313 mi

Class C 6,552 mi 614 mi

Class D

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Rivers and Streams

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

AA

A

B

C

AA

A

B

C

1987 2012

99% of all the rivers and streams in Maine are Class B or better!

What is the quality of our waters?Lakes and Ponds

Taylor Pond Sebago Lake

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Lake Transparency

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Lakes and Ponds

“Regional distribution of Secchi disk transparency in waters of the United States.” Stephens, et al

• Reviewed 975,760 Secchi disk readings from all 50 States

• Maine ranked third, behind Alaska and Montana

• Least variation in Maine data, so water quality is consistently higher state-wide more so than the other states

• Maine’s Median Secchi depth = 4.8 m (15 ½ ft.)

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Marine Waters

Half Moon Rock, Casco Bay Falmouth Harbor

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

What is the quality of our waters?Marine Waters

Maine is known for it’s clean ocean waters

Experience excellent flushing – very active currents

Home of the iconic American Lobster, Clams,

various fisheries, significant tourism and the

thousands that make their livelihoods from the sea

However, these are waters that are being stressed:

- Ocean acidification

- Climate change impacts

- Invasive species

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Marine Waters

In 2014, the 126th Legislature established a commission to

study ocean acidification, specifically:

• The effects of coastal and ocean acidification; and,

• The existing and potential effects on species that are

harvested and grow along the Maine coast.

Final report issued January 2015.

www.maine.gov/legis/opla/Oceanacidificationreport.pdf

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Marine Waters

Climate change impacts

• Increasing ocean temperature

• Altered habitat

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Marine Waters

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Marine Waters

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Decreasing Eelgrass Habitat

How do we compare with other states?

Trends in Water Quality

CWA Sections 303(d) and 305(b) require monitoring and reporting of water quality. Water bodies are put into one of five categories.

Categories 1 & 2 are considered to be meeting water quality requirements for their classification.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

How do we compare with other states?

Trends in Water Quality

Here are the Category 1 & 2 water bodies as

reported in 2012:

Rivers & Streams (mi.) Lakes (ac.)

Maine 96% 91% ↑

US 46% ↓↓ 31% ↓↓

Note: Trends determined on data submitted since 2006.

Source: EPA.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Challenges - Combined Sewer

Overflows (CSOs)

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Challenges - Combined Sewer

Overflows (CSOs)

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Challenges – EPA and Maine’s WQS

In letters dated February 2, 2015, March 16, 2015, and June 5, 2015, EPA stated that is had approved some of Maine’s WQS, but disapproved several other, including some that have been in place for 30 years.

DEP strongly disagrees with these three letters and that the standards have been wrongly disapproved by EPA.

For more information, please go to our website.

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Challenges – EPA

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

No cookie cutter approach

Innovation

Examples of improved service:

• Computer Based Testing for POTW Operators

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Opportunities

Wastewater is a very mature program:

• Needed upgrades to aging POTWs

• Need an influx of new POTW operators

• Continued work on CSOs

• Innovative ways to deal with climate change

– Natural and Built environments

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Mick Kuhns

Mick.kuhns@maine.gov

207-287-2827

www.maine.gov/dep

Bureau of Land

Quality

Mark Bergeron, P.E.Bureau Director

July 9, 2015

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Bureau of Land QualityAdministers land use development laws

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Site Location of Development Act

• Stormwater Management Law

• Wind Energy Act

• Natural Resources Protection Act

• Hydropower Laws

• Mandatory Shoreland Zoning Act

• Metallic Mineral Mining, Gravel Pit Laws

• Maine Healthy Beaches Program

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Onshore and Offshore Wind Energy

• Electricity Transmission Lines

• Hydropower Dams

• Solar Farms

Focus is on Renewable Energy Developments

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Energy Developments

Volturnus Demonstration Project

Energy Developments

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Cobscook Bay Tidal Energy Project

Energy DevelopmentsPermitting Trends

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Technology is evolving quickly

• Wind projects still advancing without federal tax credits

• New legislation

• Cumulative impacts of multiple projects

• Submitted application materials on DEP website

Energy Developments

Construction and Operation Trends

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Erosion control issues during construction of linear projects

• State and federal listing of bat species

• Long term noise and wildlife impacts

• Lake levels and minimum flows from dams

Climate ChangeHow it impacts infrastructure

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• It’s not just a coastal issue

• It drives new conversations across media, programs, and agencies

• Environment & Energy Resources Working Group 2014 Report

http://www.maine.gov/dep/sustainability/climate/maine_prepares.pdf

Climate Change

Stormwater and Climate Change

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Revised Chapter 500 Stormwater Management Rules

– Revised rainfall tables to account for new rainfall values

– Encourages the use of green infrastructure/low impact development

– Clarify redevelopment standards

• Culvert Bond – Up to $5.4 million available

Resilient Communities

• Toolkit helps support the built infrastructure that protects our environment

• Coordinated with other state agencies

• Provides tools for local and regional planners

• Will reflect ongoing work

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Online Planning Tool Kit

Mark Bergeron

Mark.Bergeron@maine.gov

207-215-4397

www.maine.gov/dep

Materials

Management and

Remediation

Melanie LoyzimBureau Director

July 9, 2015

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

Protecting Maine’s Air, Land and Water

Materials Management and

Remediation

• Change the dialogue

• Promoting innovation, market value of waste

materials, and redevelopment

• Preparation and Assistance

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Waste or Materials?

How a word can change an attitude

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Waste? Value!

Non-regulatory Approaches

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Sharps

Non-regulatory Approaches

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Organics

Non-regulatory Approaches

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

HelpME Recycle

Non-regulatory Approaches

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Drug Take-Back

Entrenched Approaches:

Returnable Beverage Containers

• Established in 1976

• “Expanded Bottle Bill” in Maine covers soda, water, juice, alcoholic beverages

• Operated separately from other state-wide materials management efforts by Department of Agriculture, Conservation & Forestry

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Why 2 separate systems?

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Challenges

• Collection infrastructure expensive

• Rural state -Transportation costs

• Residential recyclables value

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Finding outlets and Getting it there

Remediation for Redevelopment

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

• Integrated manufacturing facilities with multi-fuel energy plants

• Innovation centers for new technologies and entrepreneurs

Voluntary Response Action Program

(VRAP)

• Assess sites and address risk

• Environmental Covenants and Institutional Controls

• Define costs, add value

• Clarifies liability

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Preparation

• Environmental and Energy Resources Working Group

• Monitoring, Mapping, Modeling, Mitigation and Messaging: Maine Prepares for Climate Change

• Online Toolkit

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Rail Oil Transportation

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Looking Ahead

Federal Rule proposals in 2015

• Hazardous Waste Pharmaceutical Rule

• Hazardous Waste Generator Improvements Rule

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Looking Ahead

• Innovative Technology

• Reuse and redevelopment

• Coordinated approaches

• Preparation

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep

Melanie Loyzim

Melanie.Loyzim@maine.gov

207-287-7890

www.maine.gov/dep

“We can improve our environment and have a strong economy – because

when the environment moves forward our economy moves

forward.”

MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION www.maine.gov/dep