An Act To Minimize Carbon Dioxide Emissions from New Coal-powered Industrial and Electrical Generating Facilities in the State
Maine Legislature, Session 123, LD 2126
Committee Amendment CA_A_H798 (House)
Amends: 38 MRSA §585-K, 38 MRSA §591

COMMITTEE AMENDMENT "/1-,, to-H.P. 1506, L.D. 2126, Bill, "An Act To 
Minimize Carbon Dioxide Emissions from New Coal-powered Industrial and Electrical 
Generating Facilities in the State" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 38 MRSA §585-K is enacted to read: 
§585-K. Greenhouse gas emission standards; moratorium 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Coal gasification facility" means a facility that uses a process other than the 
biological degradation of waste to convert carbonaceous materials into a synthesis 
gas or a product made from synthesis gas, including, without limitation, electricity, 
liquid fuels and chemicals. 
B. "Greenhouse gas" has the same meaning as set forth in section 574. 
2. Greenhouse gas emission standards. The board shall establish by rule, and may 
thereafter amend, standards for the emission of greenhouse gases derived from coal 
gasification facilities that commence operations after August 1, 2008. Rules established 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
3. Moratorium. Between the effective date of this subsection and the earlier of the 
effective date of rules authorized pursuant to subsection 2 and August I, 2011, the 
department may not issue any license or permit to a coal gasification facility that is not 
licensed under this chapter prior to August I, 2008. 
4. 
Net emissions and carbon capture and sequestration. 
In calculating 
greenhouse gas emissions, carbon dioxide that is captured and used for a commercial 
COMMITTEE AMENDMENT 
i" 
COMMITTEE AMENDMENT ,,11 .. to H.P. 1506, L.D. 2126 
purpose or that is permanently disposed of in geological formations in compliance with 
all applicable laws and rules may not be counted as emissions from the emission source. 
5. Air emission license requirements apply. The licensing requirements in section 
and the prohibition in section 591 apply with regard to the standards established by 
the board pursuant to subsection 2. 
The lack of ambient air quality standards for 
greenhouse gases does not supersede or invalidate this section. 
6. Criteria and procedures. The criteria and procedures in sections 585 and 585-A 
govern the establishment of greenhouse gas emission standards under this section. 
Emission standards established pursuant to subsection 2 must be designed to achieve the 
goals of this chapter and chapter 3-A. 
7. Construction; absence of limitation. Nothing in this section may be construed 
to limit the authority of the department or any agency or any political subdivision of the 
State to regulate any pollutant or air contaminant or to establish emission standards 
pursuant to section 585. 
Sec. 2. 38 MRSA §591, first ~, as affected by PL 1989, c. 890, Pt. A, §40 and 
amended by Pt. B, § 166, is further amended to read: 
No person may discharge air contaminants into ambient air within a region in such 
manner as to violate ambient air quality standards established under this chapter or 
emission standards established pursuant to section 585 or sectioA, 585-B or 585-K. 
Sec. 3. Major substantive rules. Major substantive rules that are provisionally 
adopted pursuant to the Maine Revised Statutes, Title 38, section 585-K must be 
submitted to the Legislature by January 5, 2011 for review by the joint standing 
committee of the Legislature having jurisdiction over natural resources matters.' 
SUMMARY 
The amendment requires the Board of Environmental Protection to establish 
greenhouse gas emission standards for coal gasification facilities that generate electricity 
or liquid fuels. Rules to establish the standards are major substantive rules and must be 
submitted to the Legislature for review by January 5, 2011. 
Until the effective date of the major substantive rules authorized by the Legislature or 
until August 1,2011, whichever is earlier, a moratorium is placed on the authorization of 
coal gasification facilities. 
The amendment provides for the discounting of carbon dioxide emissions that are 
captured and permanently isolated from the atmosphere in compliance with all applicable 
laws and rules in the calculation of greenhouse gas emissions. 
FISCAL :"IOTE REQLIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/20108 frac 
LD 2126 
LR 3033(02) 
An Act To Minimize Carbon Dioxide Emissions from New Coal-powered Industrial and Electrical 
Generating Facilities in the State 
'iscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "/I,, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue decrease - Other Special Revenue Funds 
The additional costs associated with rulemaking can be absorbed by the Department of Environmental Protection. The 
licensing moratorium for certain coal gasification facilities may result in a minor loss of prospective licensing fee 
revenue to the Maine Environmental Protection Fund. 
LR3033(02) - Fiscal Note - Page I of 1