An Act To Further Reduce Mercury Use and Emissions
Maine Legislature, Session 122, LD 2043
Committee: Natural Resources
Sponsors: COWGER, DUCHESNE, EBERLE
Amends: 38 MRSA §585-B

Legislative Document 
No. 2043 
S.P.787 
In Senate, March 2, 2006 
An Act To Further Reduce Mercury Use and Emissions 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. (GOVERNOR'S BILL) 
Cosponsored by Representative DUCHESNE of Hudson and 
Representative: EBERLE of South Portland. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §585-B, sub-§5, as enacted by PL 1997, c. 722, §3, is amended 
to read: 
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 aHtl~ 22.7 kilograms, or 50 pounds, per year after January 1, 2004~ 
kilograms, or 35 pounds, after January 1, 2007; and 11.4 kilograms, or 25 pounds, 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 Il--A 2-A. 
An air emission source may apply to the board for an extension or modification of the 
22.7 kilogram, or 50 pound 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 22.7 kilogram, or 50 pound 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. 
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. 
Pending a decision on an application for an extension or a license modification under this 
subsection, the 45.4 kilogram, or 100 pound 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. 
Sec. 2. 38 MRSA §585-B, sub-§6 is enacted to read: 
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, released or 
generated at the emission source; and 
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, released or generated by that 
emission source, including a financial analysis of the costs and benefits of reducing 
the amount of mercury used, released or generated. 
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 joint standing-
committee of the Legislature having jurisdiction over natural resources matters IS 
authorized to report out to the 1 24th Legislature legislation relating to the evaluation. 
SUMMARY 
This bill reduces the existing mercury emission standard from 50 pounds per year to 
pounds per year after January 1, 2007 and to 25 pounds per year after January 1, 2010. 
The bill also requires that any facility that emits more than 10 pounds of mercury per year 
submit to the Department of Environmental Protection a mercury reduction plan by 
September 1,2008.