B. Scheduling of tests required by this subsection must reflect the operating conditions that originally required the testing to ensure the greatest protection of public health and the environment. Seasonal differences in waste stream composition and atmospheric and climatic conditions must be taken into account in conducting the tests.

C. The board shall adopt rules under this section on or before January 1, 1989.

Sec. 2. 38 MRSA §610-B is enacted to read:

§610-B.__Emission limits for municipal waste burning facilities

1.__Applicability.__A resource recovery facility with combustion units with a combined design capacity to burn 100 tons per day or more of municipal solid waste shall reduce its mercury emissions to achieve a mercury emission rate of no more than 0.028 milligrams per dry standard cubic meter corrected to 7% oxygen by volume on a dry basis, or at least 85% control efficiency.

2.__Compliance.__A person may not operate a resource recovery facility with combustion units with a combined design capacity to burn 100 tons per day or more of municipal solid waste without a license issued by the department in accordance with section 1310-N.__A resource recovery facility subject to this chapter shall file an application for a license or license amendment and a plan for achieving compliance with this chapter.

3.__Compliance deadline.__The owner or operator of a resource recovery facility with a combustor with a design capacity of less than 350 tons per day but not less than 100 tons per day, in operation as of January 1, 2003, shall submit the application and plan required by subsection 2 within 3 months after the effective date of this section and shall complete installation and begin operation of the necessary emission control equipment as expeditiously as possible, but not later than 18 months after receipt of all required state and local permits and approvals.__The owner or operator of any such combustor shall demonstrate compliance with the emission limits in subsection 1, no later than 21 months after receipt of all required state and local licenses.

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.