| | | 2.__Lowest achievable emissions rate.__A privately owned | | facility subject to the provisions of subsection 1 shall | | employ devices, treatment and remediation to ensure that | | emissions from the facility meet the lowest achievable | | emissions rate. |
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| | | Sec. 6. 38 MRSA §590-F is enacted to read: |
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| | | §590-F.__Health and air quality assessment |
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| | | 1.__Mandatory testing.__Every 7 years, the department shall | | conduct and complete a comprehensive health and air quality | | assessment of an affected community adjacent to a privately | | owned incineration facility. |
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| | | 2.__License.__The department may not issue a license under | | section 590 to a privately owned facility operating an | | incinerator to burn municipal solid waste, refuse-derived fuel | | or special waste unless the department has certified that the | | facility does not present or pose a verifiable health threat | | to an affected community. |
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| | | 3.__Cost.__The cost of a health and air quality assessment | | under this section is borne by the incineration facility. |
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| | | 4.__Manner of testing and review.__The department, in | | cooperation with the Department of Human Services or any other | | department or agency of the State the department considers | | necessary, shall conduct the following review and testing: |
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| | | A.__Analysis of medical and death records from care | | providers, hospitals, cancer registries, institutions and | | patients in affected communities to determine if illness | | anomalies or patterns exist; |
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| | | B.__Interviews with hospital administrators, care | | providers and other similarly situated individuals to | | gather additional verifiable data regarding community | | health and risk factors; |
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| | | C.__Air sampling within affected communities at certain | | points for solids, particles, toxins, air pollutants and | | air contaminants to determine if a risk of illness or | | injury exists in such communities; |
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| | | D.__Soil sampling within affected communities to determine | | whether incinerators are emitting solids, particles, | | toxins, air pollutants or air contaminants that pose a | | risk of contamination; |
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