An Act To Declare a Moratorium on the Sale and Installation of High-emissions Outdoor Wood Boilers That Do Not Meet the Current Federal Environmental Protection Agency Standards for Wood Stoves (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1824
Committee: Natural Resources
Sponsors: BERRY, BENOIT, CANAVAN, DUCHESNE, EBERLE, KOFFMAN, MIRAMANT, PERRY
Amends: 38 MRSA §61

Legislative Document 
No. 1824 
H.P.1272 
House of Representatives, April 4, 2007 
An Act To Declare a Moratorium on the Sale and Installation of 
High-emissions Outdoor Wood Boilers That Do Not Meet the 
Current Federal Environmental Protection Agency Standards for 
Wood Stoves 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative BERRY of Bowdoinham. 
Cosponsored by Senator BENOIT of Sagadahoc and 
!r/~'1i?~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CANAVAN of Waterville, DUCHESNE of Hudson, EBERLE of South 
Portland, KOFFMAN of Bar Harbor, MIRAMANT of Camden, Senator: PERRY of 
Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §582, sub-§8-C is enacted to read: 
8-C. Outdoor wood boiler. "Outdoor wood boiler" means a fuel burning device: 
A. Designed to bum wood or other solid fuels; 
B. 
That the manufacturer specifies for outdoor installation or in structures not 
normally occupied by humans; and 
C. That heats building space and water through the distribution, typically through 
pipes, of a fluid heated in the device, typically water or a mixture of water and 
antifreeze. 
Sec. 2. 38 MRSA §61O-B is enacted to read: 
§610-B. Outdoor wood boilers 
1. Moratorium. The commissioner may adopt a moratorium on the sale of new 
outdoor wood boilers until: 
A. The department has adopted rules to control the sale, installation, siting and use of 
outdoor wood boilers at residences and places of business and to implement 
minimum standards of performance for outdoor wood boilers sold, purchased and 
installed in the State. Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A; or 
B. The department has adopted rules for new outdoor wood boilers that conform to 
the federal standards for wood stoves and fireplaces under 40 Code of Federal 
Regulations, Part 60, Subpart AAA (2006)' Standards of Performance for New 
Residential Wood Heaters. 
The moratorium may not apply to an outdoor wood boiler that meets or exceeds the 
particulate standards established under 40 Code of Federal Regulations, Part 60, Subpart 
AAA (2006). 
2. Restrictions. An outdoor wood boiler manufactured prior to October 31, 2007 
may not be operated if a local health officer makes a determination that the outdoor wood 
boiler is a public health nuisance. By October 31, 2007, the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, in consultation with 
the department, shall develop guidelines to be used by a local health officer in 
determining whether an outdoor wood boiler is causing a public health nuisance. 
3. Phase out. Effective November 1, 2010, an outdoor wood boiler may not be 
operated in the State unless it meets the standards specified in subsection 1. 
4. Municipal ordinance. Nothing in this section may be construed as preemption 
by the State. A municipality may adopt and enforce outdoor wood boiler ordinances that 
are more restrictive than this section or prohibit the use of outdoor wood boilers. 
Page I - 123LR2440(OI)-1 
5. Assessment of standards; rules. The department shall review every 3 years and 
revise as necessary its standards and rules pertaining to outdoor wood boiler emission 
controls. 
SUMMARY 
This bill defines "outdoor wood boiler." 
It permits the Commissioner of 
Environmental Protection to adopt a moratorium on the sale of high-emissions outdoor 
wood boilers until the department establishes rules regulating the sale, installation and 
use of outdoor wood boilers and directs the department to review the rules every 3 years 
and revise them if necessary. The bill also restricts the use of outdoor wood boilers 
0 
manufactured prior to October 1, 2007 unless they meet the standards and rules adopted 
by the department. 
It directs the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention in consultation with the Department of 
Environmental Protection to develop guidelines to determine whether an outdoor wood 
boiler is causing a public health nuisance.