An Act To Streamline and Ensure Adequate Funding for the Bureau of Air Quality
Maine Legislature, Session 123, LD 2216
Committee: Natural Resources
Sponsors: MARTIN, CAIN, HINCK, PINGREE, RECTOR, SIMPSON, McCORMICK, MILLS
Amends: 38 MRSA §353-A, 38 MRSA §582

Legislative Document 
No. 2216 
H.P. 1582 
House of Representatives, February 14,2008 
An Act To Streamline and Ensure Adequate Funding for the 
Bureau of Air Quality 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representati ve KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook and 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: CAIN of Orono, HINCK of Portland, PINGREE of North Haven, RECTOR 
of Thomaston, SIMPSON of Auburn, Senators: McCORMICK of Kennebec, MILLS of 
Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §353-A, sub-§l-A, as enacted by PL 1993, c. 412, §2, IS 
amended to read: 
I-A. Annual fee surcharge. Beginning November 1, -l-994 2008, a licensee shall 
pay an annual fee surcharge ef.-$-l-Q not to exceed $4 per every 1,000 air quality units as 
defined in section 582, subsection II-E. 
Sec. 2. 38 MRS A §353-A, sub-§3, as amended by PL 1993, c. 412, §3, is further 
amended to read: 
3. Schedule. The fee for existing licenses must be paid on the anniversary date of 
the license. This date, once established, remains the scheduled date for paying the annual 
fee, regardless of future changes of the anniversary date. The effective date of a license is 
deemed to be the anniversary date. The license fee for a license with an anniversary date 
in January, February or March must be paid by the end of February. The license fee for a 
license with an anniversary date in April, Mayor June must be paid by the end of May. 
The license fee for a license with an anniversary date in July, August or September must 
be paid by the end of August. The license fee for a license with an anniversary date in 
October, November or December must be paid by the end of November. The annual fee 
for new applications must be estimated and paid at the time of filing the application. 
When the processing of the application is complete, the final annual fee is determined. 
Any additional amount is due prior to the issuance of the license. Any overpayment must 
be refunded. If the application is denied, 50% of the initial annual fee must be refunded. 
The effective date of the license becomes the anniversary date. 
Sec. 3. 38 MRSA §353-A, sub-§8, as enacted by PL 1991, c. 384, §8 and 
affected by § 16, is amended to read: 
8. Nonpayment of fee. Failure to pay the annual fee within JG 60 days of the 
anniversary date of a license is sufficient grounds for revocation of the license under 
section 341-D, subsection 3. 
Sec. 4. 38 MRSA §582, sub-§l1-D, as enacted by PL 1993, c. 412, §7 and 
amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
II-D. 
Toxicity score. 
"Air quality Toxicity score" means a score given to a 
hazardous air pollutant by the Department of Health and Human Services based on the 
sum of qualitative scores, plus the standard deviation, in 4 categories; carcinogenicity, 
mutagenicity, reproductive effects and acute effects, Maine Center for Disease Control 
and Prevention. 
Sec. 5. 38 MRSA §582, sub-§l1-E, as enacted by PL 1993, c. 412, §7 and 
amended by PL 2003, c. 689, Pt. B, §6, is further amended to read: 
ll-E. Air quality units. "Air quality units" means the result of the Department of 
Health and Human Services' toxicity score for a hazardous air pollutant multiplied by the 
estimated emissions of that hazardous air pollutant. 
Sec. 6. Effective date. This Act takes effect November 1,2008. 
SUMMARY 
This bill adjusts the annual fee surcharge to licensed air emISSIOn sources. The 
additional revenue raised when applying this new surcharge to the most current toxicity 
information available, as determined by the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention, and the most current emissions 
inventory, as determined by the Department of Environmental Protection, will be used to 
sustain funding for the core program of the Department of Environmental Protection, 
Bureau of Air Quality. 
The bill also reduces the administrative procedures for billing of annual license fees. 
Instead of sending out bills for licenses that expire each month, the bureau will send out 
bills only once each quarter for the licenses that expire during that quarter. 
The 
nonpayment period for each license is extended from 30 to 60 days to accommodate this 
change in billing procedures. 
Finally, the bill changes the definition of "air quality score" to "toxicity score."