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
David Madore
Communications Director
Leslie Anderson
Innovation Director
Justin French
Policy Director
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
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
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
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
“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