LD 1252
pg. 1
LD 1252 Title Page An Act to Create Certainty in Maine's Air Quality Program Page 2 of 2
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LR 1106
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 38 MRSA §585-E, sub-§1, śC is enacted to read:

 
C.__"California Stage II Enhanced Vapor Recovery Program"
means the program adopted on March 23, 2000, by the
California Air Resource Board.

 
Sec. 2. 38 MRSA §585-E, sub-§2, as enacted by PL 1995, c. 493, §15, is
amended to read:

 
2. Stage II rule adoption. The board may adopt a rule
requiring installation of Stage II vapor recovery systems in
gasoline stations in Cumberland, York and Sagadahoc counties.
The rule may impose the requirements only on stations that sold
1,000,000 gallons of gasoline or more in calendar year 1994 or a
subsequent calendar year, unless department information gathering
indicates that a threshold of 1,000,000 gallons is insufficient
to provide emission reduction credits needed to meet the volatile
organic compound 15% reduction plan requirement. The department
shall confer with the joint standing committee of the Legislature
having jurisdiction over natural resource matters at least one
week before the public hearing on any rule that proposes a
threshold lower than 1,000,000 gallons per calendar year. Any
rules or amendment to rules adopted under this subsection are
major substantive rules as defined in Title 5, chapter 375,
subchapter II-A.

 
Sec. 3. 38 MRSA §585-E, sub-§§2-A and 6 are enacted to read:

 
2-A.__California Stage II Enhanced Vapor Recovery Program.__
The board may not adopt rules to implement the California Stage
II Enhanced Vapor Recovery Program in the State.__Any Stage II
vapor recovery system installed in the State prior to the
effective date of this subsection may only be reviewed for
certification under rules in effect on that date and is not
subject to any more stringent standards adopted after that date.

 
6.__Section repealed on January 1, 2008.__This section is
repealed on January 1, 2008.

 
SUMMARY

 
This bill prohibits the Department of Environmental
Protection, Board of Environmental Protection from adopting rules
to implement the California Stage II Enhanced Vapor Recovery
Program in Maine, as adopted by the California Air Resource Board
on March 23, 2000. The bill states that any Stage II vapor


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