An Act To Require the Department of Environmental Protection To Meet the Federal Requirements lIon Regional Haze Visibility Impairment
Maine Legislature, Session 123, LD 0443
Committee Amendment CA_A_S50 (Senate)
Amends: 38 MRSA §582, 38 MRSA §603-A

COMMITTEE AMENDMENT "A " to S.P. 144, L.D. 443, Bill, "An Act To 
Require the Department of Environmental Protection To Meet the Federal Requirements 
lIon Regional Haze Visibility Impairment" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §582, sub-§5-C is enacted to read: 
5-C. 
Best available retrofit technology or BART. 
"Best available retrofit 
technology" or "BART" means an emission limitation based on the degree of reduction 
achievable through the application of the best system of continuous emission reduction 
for each visibility-impairing air pollutant that is emitted by an existing stationary facility. 
The emission limitation must be established, on a case-by-case basis, taking into 
consideration the technology available, the costs of compliance, the energy and non-air 
quality environmental impacts of compliance, any pollution control equipment in use or 
in existence at the source, the remaining useful life of the source and the degree of 
improvement in visibility that may reasonably be anticipated to result from the use of 
such technology. 
Sec.2. 38 MRSA §582, sub-§5-D is enacted to read: 
5-D. 
BART eligible unit. 
"BART eligible unit" means an existing stationary 
facility. 
Sec.3. 38 MRSA §582, sub-§5-E is enacted to read: 
5-E. 
Existing stationary facility. 
"Existing stationary facility" has the same 
meaning as in 40 Code of Federal Regulations, Section 51.301 (2006). 
Sec. 4. 
MRSA §603-A, sub-§l, as enacted by PL 1983, c. 504, § 1 0, is 
amended to read: 
1. Scope. This section shaIl apply applies to those fuel-burning sources in the State 
wh-fe.It that are not required to achieve the lower emission rates of new source 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A .. to S.P. 144, L.D. 443 
I 
perfonnance standards or as required to satisfy the case-by-case requirements of best 
available control technology or best available retrofit technology. 
Sec. 5. 38 MRSA §603-A, sub-§2, as amended by PL 1999, c. 657, §24, is 
further amended to read: 
2. Prohibitions. Except as provided in subsections 4 aRd, 5 and 8, no person may 
use any liquid fossil fuel with a sulfur content exceeding the limits in paragraph A or any 
solid fossil fuel with a sulfur content to heat content ratio exceeding the limits of 
paragraph B. 
A. 
The sulfur content for liquid fossil fuels is as follows. 
(I) In the Central Maine, Downeast, Aroostook County and Northwest Maine 
II 
Air Quality Control Regions, no person may use any liquid fossil fuel with a 
sulfur content greater than 2.5% until November I, 1991, and 2.0% by weight 
any time thereafter. In the Metropolitan Portland Air Quality Control Region 
outside the Portland Peninsula Air Quality Control Region, no person may use 
any liquid fossil fuel with a sulfur content greater than 2.5% until November I, 
1991, and 2.0% by weight any time thereafter. 
(2) In the Portland Peninsula Air Quality Control Region, no person may use any 
liquid fossil fuel with a sulfur content greater than 1.5% by weight any time after 
November 1,1975. 
B. 
The sulfur content for solid fossil fuels is as follows: 
(I) ~ 
One and two-tenths pounds sulfur per million British Thermal Units until 
November I, 1991, and .96 pounds sulfur per million British Thermal Units 
thereafter, calculated as a calendar quarter average for sources in the Central 
Maine, Downeast, Aroostook County, Northwest Maine Air Quality Control 
Regions and that portion of the Metropolitan Portland Air Quality Region outside 
the Portland Peninsula Air Quality Region. 
A calendar quarter shall be ~ 
composed of the months as follows: (I) January, February, March; (2) April, 
May, June; (3) July, August, September; and (4) October, November, December; 
and 
(2) ~ 
Seventy-two hundredths pounds sulfur per million British Thermal 
Units calculated as a calendar quarter average for sources in the Portland 
Peninsula Air Quality Region. A calendar quarter shall be is composed of the 
months as follows: (I) January, February, March; (2) April, May, June; (3) July, 
August, September; and (4) October, November, December. 
Sec. 6. 38 MRSA §603-A, sub-§8 is enacted to read: 
8. Best Available Retrofit Technology or BART requirements. For those BART 
eligible units determined by the department to need additional sulfur air pollution controls 
to improve visibility, the controls must: 
A. Be installed and operational no later than January 1,2013; and 
B. Either: 
(I) Require the use of sulfur oil having I % or less of sulfur by weight; or 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A " 
to S.P. 144, L.D. 443 
(2) Be equivalent to a 50% reduction in sulfur emissions from a BART eligible 
unit based on a BART eligible unit source emission baseline determined by the 
department 
under 
Code of Federal 
Regulations, 
Section 
51.308 
(d)(3)(iii)(2006) and 40 Code of Federal Regulations, Section 51 Appendix Y 
(2006). 
Sec. 7. Report. The Department of Environmental Protection shall report to the 
Joint Standing Committee on Natural Resources no later than January 15, 2008 with a 
plan to meet federal requirements on regional haze. The plan must contain, but is not 
limited to, an analysis of baseline conditions and an estimate of natural visibility 
conditions, reasonable progress goals for visibility improvement, an assessment of best 
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available retrofit technology and a recommendation of those measures necessary to meet 
reasonable progress toward the goal of achieving natural visibility. The Joint Standing 
Committee on Natural Resources may submit legislation on these issues to the Second 
Regular Session of the I 23rd Legislature.' 
SUMMARY 
This amendment defines "Best Available Retrofit Technology" and "BART eligible 
unit." It sets BART requirements for facilities that are determined to need additional 
sulfur air pollution controls. It requires the Department of Environmental Protection to 
report on a plan to meet federal requirements on regional haze. 
It gives the Joint 
Standing Committee on Natural Resources authority to submit legislation to the Second 
Regular Session of the 123rd Legislature. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/1 0/07 frac 
LD443 
LR 961(02) 
An Act To Require the Department of Environmental Protection To Meet the Federal Requirements 
on Regional Haze Visibility Impairment 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
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. 
LR0961 (02) - Fiscal Note - Page 1 of 1