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
Maine Legislature, Session 123, LD 1824
Committee Amendment CA_A_H494 (House)
Amends: 38 MRSA §610-B

COMMITTEE AMENDMENT "A " 
to H.P. 1272, L.D. 1824, Bill, "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" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Regulate Outdoor Wood Boilers' 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this Act requires the Department of Environmental Protection to adopt 
major substantive rules to address issues relating to outdoor wood boilers; and 
Whereas, the major substantive rules are to be adopted on an emergency basis 
pursuant to the Maine Revised Statutes, Title 5, section 8073 in order to have the rules in 
place prior to the height of the wood~buming season; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, ' 
Amend the biII by striking out all of section 2 and inserting the following: 
'Sec.2. 38 MRSA §610-B is enacted to read: 
COMMITTEE AMENDMENT 
COMMllTEE AMENDMENT "A "to H.P. 1272, J.D. 1824 
§610-B. Outdoor wood boilers 
1. Phase I emission standard. A person may not sell or distribute for sale an 
outdoor wood boiler after April I, 2008 unless it meets a particulate matter emission limit 
of 0.6 pounds per million British Thermal Units heat input. 
This subsection is repealed April 1, 2010. 
2. Phase II emission standard. A person may not sell or distribute for sale an 
outdoor wood boiler after April 1, 2010 unless it meets a particulate matter emission limit 
of 0.32 pounds per million British Thermal Units heat output. 
3. Nuisance condition. A person may not operate an outdoor wood boiler in a 
manner that creates a nuisance condition as defined in the department's rules. 
The Department of Environmental Protection shall adopt rules to implement this 
section. Notwithstanding section 592-A, the rules must include a definition of "nuisance 
condition" specifically relating to the operation of outdoor wood boilers. Rules adopted 
pursuant to this section are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 3. Emergency major substantive rules; outdoor wood boilers. The 
Department of Environmental Protection shall adopt rules related to outdoor wood 
boilers. 
The rules must include provisions relating to siting, operation and labeling 
requirements, stack heights, dealer and manufacturer reporting, public notification of 
emission standards and operation and siting requirements, code enforcement officer 
training, nuisance conditions and existing inventory issues. The rules must provide for 
enforcement of the rules by the Department of Environmental Protection. Rules adopted 
pursuant to this section and the Maine Revised Statutes, Title 38, section 61O-B may be 
adopted as emergency major substantive rules pursuant to Title 5, section 8073 and must 
be submitted to the Legislature for review by January 15,2008. 
Sec. 4. Reports; outdoor wood boilers. The Department of Environmental 
Protection shall submit reports as provided in this section. 
1. Report regarding resolution of outdoor wood boiler complaints. By July 1, 
2007 and every month thereafter by the first day of the month until January 1, 2008, the 
Department of Environmental Protection shall report to the Joint Standing Committee on 
I 
Natural Resources on the status of the resolution of complaints regarding outdoor wood 
boilers. 
2. Report regarding outdoor wood boiler technology. By January 10,2009, the 
Department of Environmental Protection shall review outdoor wood boiler technology, 
including the achievable emission limits of outdoor wood boilers, and submit a report on 
the review to the joint standing committee of the Legislature having jurisdiction over 
natural resources matters. 
The report must include the department's findings, 
recommendations and any legislation necessary to implement the recommendations. The 
joint standing committee of the Legislature having jurisdiction over natural resources 
matters may submit legislation relating to the report to the First Regular Session of the 
124th Legislature. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'fJr" to H.P. 1272, L.D. 1824 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment changes the title and adds an emergency preamble and clause to the 
bill. It removes from the bill the moratorium provisions with regard to wood boilers. It 
sets emission standards for the sale of outdoor wood boilers and prohibits the operation of 
outdoor wood boilers in a manner that creates a nuisance condition as defined in rules of 
the Department of Environmental Protection. It directs the Department of Environmental 
Protection to adopt emergency major substantive rules for the regulation of outdoor wood 
boilers including provisions relating to siting, operation and labeling requirements, stack 
heights, dealer and manufacturer reporting, public notification of emission standards and 
operation and siting requirements, code enforcement officer training, nuisance conditions 
and existing inventory issues. The rules must provide for enforcement of the rules by the 
Department of Environmental Protection. The amendment directs the Department of 
Environmental Protection to report to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters on achievable emission standards for 
outdoor wood boilers and on the status of the resolution of complaints regarding outdoor 
wood boilers. 
FISCAL :\OTE HEQllREfi 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/07/07 
~ac.. 
LD 1824 
LR 2440(02) 
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 
Fiscai Detaii and Notes 
Stoves 
i\ 
Fiscal Note for Bill as Amended by Committee Amendment" It " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs associated with this legislation can be absorbed by the Department of Environmental Protection 
utilizing existing budgeted resources. 
LR2440(02) - Fiscal Note - Page 1 of 1