Resolve, Regarding Legislative Review of Portions of Chapter 150: Control of Emissions from Outdoor Wood Boilers, a Major Substantive Rule of the Department of Environmental Protection, Bureau of Air Quality Control
Maine Legislature, Session 123, LD 2009
Committee Amendment CA_A_H797 (House)

COMMITTEE AMENDMENT 'fi "to H.P. 1393, L.D. 2009, "Resolve, Regarding 
Legislative Review of Portions of Chapter 150: Control of Emissions from Outdoor 
Wood Boilers, a Major Substantive Rule of the Department of Environmental Protection, 
Bureau of Air Quality Control" 
Amend the resolve in section 1 in the last line (page 1, line 18 in L.D.) by striking out 
the following: "authorized." and inserting the following: 
IS 
'authorized only ifthe rule is amended as follows: 
I. The provision identified in the rule as Section 3, paragraph F regarding sell-
through exemptions must be amended to add language indicating that the provision 
applies to outdoor wood boilers that were purchased and paid for in ful1 before April I, 
2008 in addition to being received in the State before April 1, 2008; 
2. The setback requirements for new outdoor wood boilers identified in the rule in 
Section 3, paragraph B must be amended to authorize instal1ation of new outdoor wood 
boilers with setbacks from the nearest dwelling as follows: 
A. The provision in the rule identified as subparagraph (1) regarding outdoor wood 
boilers with limits greater than 0.60 Ibs/MMBtu heat input or with no certification 
must be amended to authorize installation at least 250 feet from the nearest property 
line or at least 270 feet from the nearest dwelling that is not on the same property as 
the boiler; 
B. The provision in the rule identified as subparagraph (2) regarding outdoor wood 
boilers certified to meet particulate emission limits of 0.60 Ibs/MMBtu heat input 
must be amended to authorize installation at least 100 feet from the nearest property 
line or at least 120 feet from the nearest dwelling that is not on the same property as 
the boiler; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '1+" to H.P. 1393, L.D. 2009 
C. The provision in the rule identified as subparagraph (3) regarding outdoor wood 
boilers certified to meet particulate emission limits of 0.32 Ibs/MMBtu heat output 
must be amended to authorize installation at least 50 feet from the nearest property 
line or at least 70 feet from the nearest dwelling that is not on the same property as 
the boiler; and 
3. 
The setback provISIOn, identified in the rule in Section 3, paragraph B, 
subparagraph (4), for the installation of an outdoor wood boiler next to a state licensed 
school, daycare or healthcare facility must be amended to conform to the general setback 
requirements identified in Section 3, paragraph B, subparagraphs (1), (2) and (3) as 
amended by section 1, subsection 2 of this resolve. 
The Department of Environmental Protection is not required to hold hearings or 
conduct other formal proceedings prior to finally adopting the rule in accordance with 
section I of this resolve; and be it further' 
Amend the resolve by inserting after section I the following: 
'Sec. 2. 
Report. 
Resolved: 
That, by January 1, 2009, the Department of 
Environmental Protection shall submit to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters a report detailing the implementation of 
the rule authorized by section I of this resolve. The report must include an evaluation of 
any unintended consequences of the rule and recommendations for improvement of the 
rule; and be it further 
Sec. 3. 
Rules regarding outdoor wood boilers that combust biomass 
pellets. Resolved: That, by April 1, 2009, the Board of Environmental Protection shall 
adopt rules to control the sale, installation, use and siting at residences and businesses of 
outdoor wood boilers that combust biomass pellets as a fuel source. The rules must 
establish minimum standards of performance for units sold, purchased and installed in the 
State. The initial rules adopted pursuant to this section are routine technical rules as 
defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A. 
An 
amendment to a rule adopted pursuant to this section is considered a major substantive 
rule and is subject to legislative review in accordance with Title 5, chapter 375, 
subchapter 2-A.' 
SUMMARY 
This amendment clarifies that in order to be eligible for the sell-through exemption 
contained in the rule the outdoor wood boiler must have been purchased, paid for in full 
and in the State prior to April 1, 2008. It authorizes the optional use of setbacks from 
neighboring dwellings for the installation of new outdoor wood boilers and requires that 
setbacks next to state licensed school, daycare or healthcare facilities conform to the 
general setback requirements. 
It also requires the Department of Environmental 
Protection to submit to the joint standing committee of the Legislature having jurisdiction 
over natural resources matters a report on the implementation of the rule. Finally, it 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,/+ .. to H.P. 1393, L.D. 2009 
directs the Board of Environmental Protection to adopt rules to control the sale, 
installation, use and siting of outdoor wood boilers that combust biomass pellets as a fuel 
source. 
FISCAL .\U IT REt,JL IRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/18/08 
~ac. 
LD 2009 
LR 3404(02) 
Resolve, Regarding Legislative Review of Portions of Chapter 150: Control of Emissions from 
Outdoor Wood Boilers, a Major Substantive Rule of the Department of Environmental Protection, 
Bureau of Air Quality Control 
Fiscal Note for Bill as Amended by Committee Amendment "Ii" 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
utilizing existing budgeted resources. 
LR3404(02) - Fiscal Note - Page I of I