An Act To Ensure Clean Air in Communities Affected by Privately Owned Incinerator Facilities
Maine Legislature, Session 121, LD 0948
Committee: Natural Resources
Sponsors: LEMOINE
Amends: 38 MRSA §582, 38 MRSA §590-F, 38 MRSA §597, 38 MRSA §1303-C, 38 MRSA §1304, 38 MRSA §1304-B, 38 MRSA §13

Legislative Document 
No. 948 
H.P.705 
House of Representatives, February 25, 2003 
An Act To Ensure Clean Air in Communities Affected by Privately 
Owned Incinerator Facilities 
Reference to the Committee on Natural Resources suggested and ordered printed. 
77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative LEMOINE of Old Orchard Beach. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 38 MRSA §582, sub-§2-A is enacted to read: 
2-A. 
Air pollutants. 
"Air pollutants" includes, but is not 
limited 
to, 
polychlorinated 
dioxins, 
furans, 
biphenyls, 
polynuclear aromatic hydrocarbons, volatile organic compounds and 
hazardous metals such as arsenic, beryllium, cadmium, 
chromium, 
lead, nickel and mercury, whether or not such substances are also 
considered hazardous air pollutants. 
Sec. 2. 38 MRSA §582. sub-§7-E. a.s amended by PL 1991, c. 220, 
§1, is further amended to read: 
7-E. 
Incinerator. 
"Incinerator" 
means 
any 
device, 
apparatus or equipment used for destroying, reducing or salvaging 
by fire any material or substance, 
BQE--Qo.e.&--no-t--JE.t:.J.-tlB.€--any 
aev~eeT-~~~-~F-~-tl~pm€£~-~i-£e-~~-mateF~al-6e~aFaEeaT 
incl uding solid waste, municipal solid waste, special waste and 
refuse-derived fuel. 
Sec. 3. 38 MRSA §582, sub-§9-E is enacted to read: 
9-E. 
Privately owned. 
"Priva1:ely owned" means 50°'0 or more 
of the ownership interests of the 9iven entity are possessed or 
controlled by nongovernmental entities. 
Sec. 4. 38 MRSA §582, sub-§l1-B, as amended by PL 1991, c. 
220, §4, is further amended to read: 
II-B. 
Solid waste fuel-burning equipment. 
"Solid waste 
fuel-burning equipment" means any furnace, boiler or apparatus, 
and all appurtenances thereto, 
capable of burning solid waste 
fuel 
for 
the 
primary 
purpose 
of 
producing 
thermal 
energyr 
!;~Q~~meR£-~-t-G--BQFn or capable of burning material-separated, 
refuse-derived fuel either alone or with another fuel eEBeF-EBan 
6el~a-~~-fyel--G-~-~€~~£€-e€~JV€e--~~~-~--G~~iR~G-~~-6eeE~en 
13G3-G-~6-net-sel~a-waste-fQel-BQFn~n~-e~Q~~menE. 
Sec. 5. 38 MRS A §585-1 is enacted to read: 
§585-I. 
Air pollutant monitoring an,d emission control 
1. 
Continuous 
emissions monitoring. 
A privately 
owned 
facility operating an incinerator shall install eguipment, 
in 
consultation with the department, that will operate continuously 
on 
a 
24-hour basis without 
interruption to monitor all air 
pollutants and is capable of recording daily testing for later 
review and analysis. 
Page l-LR1474(1) 
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. 
Sec. 6. 38 MRSA §590-F is enacted to read: 
§590-F. 
Health and air quality assessment 
1. 
Mandato{Y testing. 
Every 7 years, the department shall 
conduct 
and 
complete 
a 
comprehensive health and air guality 
assessment of an affected community adjacent to a privately owned 
incineration facility. 
2. 
License. 
The department may not issue a license under 
section 
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. 
3. 
Cost. 
The cost of a health and air quality assessment 
under this section is borne by the incineration facility. 
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: 
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; 
B. 
Interviews with hospital administrators, care providers 
and 
other 
similarly 
situated 
individuals 
to 
gather 
additional verifiable data regarding community health and 
risk factors; 
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; 
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; 
E. 
Water sampling of lakes, ponds, brooks, rivers, marshes 
and 
estuaries 
within 
affected 
communities 
to 
determine 
whether incinerators are emitting solids, particles or air 
contaminants that pose a risk of contamination to waters or 
risk of illness; and 
F. 
Review of continuous emissions monitoring reports under 
section 585-1, subsection 1. 
5. 
Results. 
The 
department shall furnish its findings 
under subsection 4 to the privatel:{ owned facility operating an 
incinerator, the public and each affected community prior to the 
holding 
of 
a 
public 
hearing 
on 
a 
health 
and 
air 
quality 
assessment. 
At the public hearing, 
the department shall take 
advice 
and 
comment 
on 
whether additional 
testing is 
needed, 
whether any threats to health have been identified and additional 
licensing limitations to protect the public. 
A hearing may not 
be later than 60 days following the issuance of the department's 
findings. 
6. 
Verifiable health threat. 
If, after a health and air 
quality assessment 
and 
any 
follow-up 
assessment testing, 
the 
department concludes there exists a verifiable health threat to 
an affected community, 
the department shall 
recommend to the 
board to 
suspend or 
revoke 
the 
license of 
the 
incineration 
facility until the threat is eliminat~ 
7. 
Rules. 
The department shall adopt rules to carry out 
the purposes of this section. 
Rules adopted pursuant to this 
subsection are major substantive rules as defined 
~n Title 5 f 
chapter 375, subchapter 2-A. 
Sec. 7. 38 MRSA §597. as enacted by PL 1969, c. 474, §L is 
amended to read: 
§S97. 
Municipal air pollution control 
Nothing 
in 
this 
chapter 
shall 
may 
be 
construed 
as 
a 
preemption of the field of air pollution study and control on the 
part of the State. Municipalities may study air pollution and 
adopt and enforce air pollution control and abatement ordinances, 
to the extent that these ordinances are not less more stringent 
than this chapter or than any standard, order or other action 
l~H'efRQl~a,=ee. adopted pursuant to this chapter. 
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i'esie.iB~--in---the---RlQHi-ei-pali-t,YT 
Notw'i thstanding this section, 
a 
local ordinance regulating air emissions in force and effect on 
December 
31, 
2002 
is 
not preempted 
by this section if the 
ordinance is not less stringent than the state standard. 
• 
.. 
Sec. 8. 38 MRSA §1303-C, first 1f, as enacted 
585, Pt. 
E, 
§4 and amended by c. 
878, Pt. 
H, 
amended to read: 
by PL 1989, c. 
§7, is further 
As used in this chapter, chapter 4 or is chapter 24, unless 
the context otherwise indicates, the following terms have the 
following meanings. 
Sec. 9. 38 MRSA §1303-C, sub-§l-B is enacted to read: 
I-B. 
Affected 
community. 
"Affected 
community" 
means 
a 
town, 
township or city within a 10-mile radius of a privately 
owned 
incineration facility burning municipal solid waste 
or 
refuge-derived fuel, regardless of whether the community is also 
a char.ter community or a host community. 
Sec. 10. 38 MRSA §1303-C, sub-§2-C is enacted to read: 
2-C. 
Charter community. 
"Charter community" means a town, 
township or city presently delivering solid waste or municipal 
solid waste to an incineration facility by virtue of a contract 
or charter agreement dated prior to December 31, 2002. 
Sec. 11. 38 MRSA §1303-C, sub-§§15-B and 15-C are enacted to 
read: 
IS-B. 
Health and air quality assessment. 
"Health and air 
quality assessment" means a comprehensive analysis of the effects 
of 
an 
incineration facility 
upon 
the 
soil, 
air, 
water 
and 
population within an affected community as described in section 
590-F. 
IS-C. 
Host 
community. 
"Host 
community" 
means 
a 
town, 
township or city presently delivering solid waste or municipal 
solid waste to an incineration facility by virtue of a contract 
or host community agreement dated prior to December 31, 2002. 
Sec. 12. 38 MRSA §1304, sub-§1-D is enacted to read: 
I-D. 
Municipal 
powers. 
Notwithstanding 
the 
other 
provisions of this section, an affected community may establish 
its own reasonable regulations on the transportation of solid 
waste, municipal solid waste, special waste and refuse-derived 
fuel through the community, including posting certain roads with 
weight limitations, setting route limitations or restrictions to 
minimize the disruption of predominantly residential areas or 
areas of special environmental concern or sensitivity, limiting 
hours 
for 
the delivery of 
wastes 
and setting penalties 
for 
transporters who leak, spill or discharge wastes onto public ways. 
Sec. 13. 38 MRSA §1304-B, sub-§4-A"E is enacted to read: 
E. 
A contract for disposal of solid waste or municipal 
solid waste entered into by a host community or a charter 
community must meet 
the conditions set forth in section 
1310-N, subsection 9, paragraph B. 
Sec. 14. 38 MRSA §13lO-N, sub-§9, ,B, as enacted by PL 1995, 
c. 465, Pt. A, §16 and affected by Pt. C, §2, is amended to read: 
B. 
Basea-~pea-~he-~~~-~~r~~r~jeGt~-bmpaG~&-e~-~ae 
pFepesea--~~€~~~~~~--~-~~~~~y--a§FeeffieB~s Agreements 
between an incineration facility, its owner or operator and 
a host community or charter community mustT-whea-appJ.ieaa:1:eT 
include provisions regarding: 
(1) 
Improvement, maintenance and repair of local roads 
directly affected by traffic to and from the facility 
and of other infrastructural elements directly affected 
by the facility, 
including sewerage, 
storm water or 
drainage pipes and other aboveground and belowground 
utilities; 
(2) 
Development 
and 
maintenance 
of 
adequate 
local 
emergency response capacity to accommodate the facility; 
(3) 
Financial support for personnel or other means to 
provide technical assistance to 
the municipality in 
interpreting data and to advise the municipality on 
other technical issues concerning the facility; aHa 
(4) 
Other issues determined on a case-specific basis 
by the applicant and municipality to be appropriate 
given the nature of the proposed facilitYTL 
( 5) 
Reasonable 
reductions 
in 
disposal 
costs 
and 
tipping fee rates to offset the burden borne by the 
charter community or host community; 
(6) 
Guaranteed disposal of all municipal solid waste 
from 
the 
charter 
communities 
and 
host 
communities 
regardless of tonnage; 
(7) 
For 
a 
host 
community, 
reasonable 
hours 
of 
operation of the incineration facility consistent with 
the location and proximity of operation to residential 
zones, including: 
(a) 
Not later than 11:00 p.m. if located within 
1,000 feet of any residence: and 
(b) 
Not earlier than 6:00 a.m. if located within 
1,000 feet of any residence: 
(8) 
Reasonable 
restrictions 
on 
the 
type 
of 
solid 
wastes that may be handled, processed or disposed of in 
the incineration facility, including an option for the 
charter community or the host community to bar disposal 
of special wastes: and 
(9) 
Reasonable noise controls and limitations. 
The department shall adopt rules concerning the expenditure 
of 
funds 
made 
available 
to 
a 
municipality 
under 
the 
provisions of subparagraph (3) to ensure that funds are used 
to provide direct technical support to 
the municipality 
necessary for the conduct of municipal planning and decision 
making. 
Sec. 15. Health and air quality assessments. 
The Department 
f 
Environmental 
Protection 
shall 
initiate 
all 
health 
and 
air 
quali ty assessments requi red under the Maine Revised Statutes, 
Ti tIe 38, section 590-F wi thin one year of the effective date of 
this Act. 
This bill amends 
the 
strengthen the regulation 
incinerator facilities to 
surrounding communities is 
SUMMARY 
statutes concerning incinerators to 
of air emissions from privately owned 
ensure that the public health of the 
not negatively affected.