1.Standards. The board may establish and amend emission standards for hazardous air pollutants, and regulations to implement these standards.
If emission standards are not feasible, the board may adopt design, equipment, work practice or operational standards for
activities emitting hazardous pollutants.
[
1989, c. 144, §5 (AMD)
.]
2.Procedure. All standards and regulations under this section shall be adopted in conformance with the Maine Administrative Procedure
Act, Title 5, chapter 375, except as provided in this section. Prior to the establishment or amendment of these standards
and regulations, the board shall conduct a public hearing to receive testimony on:
A. Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Health
and Human Services; [1983, c. 535, §2 (NEW); 2003, c. 689, Pt. B, §6 (REV).]
B. The extent to which the public is exposed to the pollutant; [1983, c. 535, §2 (NEW).]
C. The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions
of hazardous pollutants; and [1983, c. 535, §2 (NEW).]
D. Any other information that would assist the board in establishing standards adequate to protect the public health and safety. [1983, c. 535, §2 (NEW).]
[
1983, c. 535, §2 (NEW);
2003, c. 689, Pt. B, §6 (REV)
.]
3.Relation to ambient standards. The board may control hazardous air pollutants if no ambient air quality standards have been established for those pollutants.
[
1989, c. 144, §5 (AMD)
.]
4.Legislative review.
[
1989, c. 144, §6 (RP)
.]
5.Standards for mercury. Notwithstanding subsection 1, an air emission source may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per
year after January 1, 2000; 22.7 kilograms, or 50 pounds, per year after January 1, 2004; 15.9 kilograms, or 35 pounds, after
January 1, 2007; and 11.4 kilograms, or 25 pounds, after January 1, 2010. As an alternative to not emitting mercury in excess of 11.4 kilograms, or 25 pounds, after January 1, 2010, an air emission
source may reduce mercury emissions by 90 percent by weight after January 1, 2010. Compliance with these limits must be specified in the license of the air emission source. The board shall establish by rule
testing protocols and measurement methods for emissions sources for which the board has not established such protocols and
methods for determining compliance with the emission standard for mercury. These rules are routine technical rules under
Title 5, chapter 375, subchapter 2-A.
An air emission source may apply to the board for an extension or modification of the 11.4-kilogram, or 25-pound, limit as
follows.
A. An emission source may submit an application to the board no later than January 1, 2009 for a 6-month extension of the January
1, 2010 deadline to meet the 11.4-kilogram, or 25-pound, limit. The board shall grant the extension if the board determines,
based on information presented by the source, that compliance with the limit is not achievable by the deadline due to engineering
constraints, availability of equipment or other justifiable technical reasons. [2005, c. 590, §1 (AMD).]
B. An emission source may submit an application to the board no later than January 1, 2009 for a license modification establishing
an alternative emission limit for mercury. The board shall grant the license modification if the board finds that the proposed
mercury emission limit meets the most stringent emission limitation that is achievable and compatible with that class of source,
considering economic feasibility. [2005, c. 590, §1 (AMD).]
Pending a decision on an application for an extension or a license modification under this subsection, the 15.9-kilogram,
or 35-pound, limit applies to the emission source.
Notwithstanding the January 1, 2000 compliance date in this subsection, a resource recovery facility that is subject to an
emissions limit for mercury adopted by rule by the board before January 1, 2000 shall comply with the 45.4-kilogram, or 100-pound,
mercury emissions limit after December 19, 2000.
[
2009, c. 338, §1 (AMD)
.]
6.Mercury reduction plans. Any air emission source emitting mercury in excess of 10 pounds per year after January 1, 2007 must develop a mercury reduction
plan. The mercury reduction plan must be submitted to the department no later than September 1, 2008. The mercury reduction
plan must contain:
A. Identification, characterization and accounting of the mercury used or released at the emission source; and [2005, c. 590, §2 (NEW).]
B. Identification, analysis and evaluation of any appropriate technologies, procedures, processes, equipment or production changes
that may be utilized by the emission source to reduce the amount of mercury used or released by that emission source, including
a financial analysis of the costs and benefits of reducing the amount of mercury used or released. [2005, c. 590, §2 (NEW).]
C. [RR 2005, c. 2, §24 (RP).]
The department may keep information submitted to the department under this subsection confidential as provided under section
1310-B.
The department shall submit a report to the joint standing committee of the Legislature having jurisdiction over natural resources
matters no later than March 1, 2009 summarizing the mercury emissions and mercury reduction potential from those emission
sources subject to this subsection. In addition, the department shall include an evaluation of the appropriateness of the
25-pound mercury standard established in subsection 5. The evaluation must address, but is not limited to, the technological
feasibility, cost and schedule of achieving the standards established in subsection 5. The department shall submit an updated report to the committee by January 1, 2010. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report
out to the 124th Legislature legislation relating to the evaluation and the updated report.
[
2009, c. 338, §2 (AMD)
.]
SECTION HISTORY
1983, c. 535, §2 (NEW).
1989, c. 144, §§5,6 (AMD).
1997, c. 722, §3 (AMD).
2003, c. 689, §B6 (REV).
2005, c. 590, §§1,2 (AMD).
RR 2005, c. 2, §24 (COR).
2009, c. 338, §§1, 2 (AMD).
Data for this page extracted on 01/28/2010 10:13:19.