An Act To Institute Voluntary Emissions Standards for Outdoor Wood Boilers (AFTER DEADLINE)
Maine Legislature, Session 124, LD 1171
Committee: Natural Resources
Sponsors: DUCHESNE, SIMPSON, WELSH
Amends: 38 MRSA §582, 38 MRSA §610-C

MAINE STATE LEGISLATURE 
The following document is provided by the 
LAW AND LEGISLATIVE DIGITAL LIBRARY 
at the Maine State Law and Legislative Reference Library 
http://legislature.maine.gov/lawlib 
Reproduced from scanned originals with text recognition applied 
(searchable text may contain some errors and/or omissions) 
n 
\ 
) 
~' 
'~F' H j~ V n 9 '; 'J=> t,-';l l, <"-.V' 
. t. 
{. -: 
~ 
,::'~ ~!t" II 
t1?~£""" f~ .~l ~ 
, ,) , , '-", bl (" 
1.,"6J') tR'<l'l 
Ai ~1A!~J'E 
12,4th MAINE LEGISLATURE 
Legislative Document 
No. 1171 
H.P.810 
House of Representatives, March 25, 2009 
An Act To Institute Voluntary Emissions Standards for Outdoor 
Wood Boilers 
(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 alid ordered printed. 
Presented by Representative DUCHESNE of Hudson. 
Cosponsored by Senator SIMPSON of AndI'oscoggin and 
Representative: ,WELSH of Rockport. 
Prilltl.'d l1l1 rccydl.'tJ )):.lfJL'f 
?1~d: 
/J1.11lil£~{ 
MILLICENT M. MacFARLAND 
Clerk 
9-
'13 
Be it enacted by the People ofthe State of Maine 'as follows: 
Sec. 1. 38 MRSA §582,sub-§8-C, ~A, as enacted by PL 2007, c. 442, §1, is 
amended to read: 
A. . Designed to bum wood, biomass fuel products or other solid fuels;-
Sec. 2. 38 MRSA §582, sub-§8~C, ~, as enacted by.PL 2007, c. 442, §1, is 
amended to read: 
B. 
That the manufacturer specifies for outdoor installabi0ll or in structur~s not 
normally occupied by humans or' is an ind001Hate& device housed in a modular or 
containerized. structure; and 
Sec. 3. 38 MRSA §610-C, sub-§3, as enacted by PL 2007, c. 680, §2, is amended 
to read: 
-
. 
3. Application of fund. The department shall apply the money in the fund toward 
the upgrade, purchase and -replacement of outdoor wood boilers instatled prior -to 
February 1, 2008 and determined by the department to constitute -a nuisance condition or 
. threat to public health or safety. The department shall adopt rules that include, but are not 
limited to, criteria for detemiining whether an outdoor wood boiler constitutes a nuisance 
condition or threat to public health or safety and is eligible for use of the fund, 
compensation criteria and amounts and procedures for certification and verification of 
removal and possible replacement of eligible outdoor wood boilers. 
Rules adopted -
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 4. 
Outdoor wood boiler rules. 
The Department of Environmental 
Protection shall adopt rule amendments to Chapter i 50: Control of Emissions from 
Outdoor Wood Boilers, a rule of the Department of Environmental Protection, Bureau of 
Air Quality Control, that: 
1. Change the current requirement that any person intending to install or operate an 
outdoor wood boiler must obtain an evaluation, a report and installation recommendations 
from a professional "'>lgineer to a requirement that the evaluation, report and installation 
recommendations must be obtained from a qualified professional, including a 
professional engineer or a master solid fuel technician; 
2. Amend the definition of "commercial outdoor wood boiler" to exclude outdoor 
wood boilers used solely for space heatin~ or domestic hot water; and 
3. Establish a voluntary technology-forcing particulate emis~ion limit for outdoor 
wood boilers and establish siting and stack height requirements for outdoor wood boilers 
meeting that emission limit. 
The siting and stack height requirements established 
pursuant to this subsection may be less stringent than the siting and stack height -
requirements established for outdoor wood boilers meeting the Phase II emission limit. 
Notwithstanding anything to the contrary in the Maine Revis~d. Statutes, Title 5, 
chapter 375, subchapter 2-A and Title 38, section 610-B, last paragraph, the Department 
) 
) 
) 
n 
\~ 
of Environmental Protection is not required to hold hearings or conduct other fonnal 
proceedings prior. to adopting the rules amendments in accordance with subsections 1 and 
2. Notwithstanding Title 38,section 610-B, last par:agraph, the initial rule amendments 
adopted pursuant to subsection 3 are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.· After adoption of the initial rule amendments pursuant to this 
section, any further rule amendment a.dopted pursuant t6 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 
The bill amends the definition of "outdoor wood boiler." It eliminates a deadline 
associated with the Outdoor Wood Boiler Fund. 
It directs the Department of 
Environme~tal Protection to amend the department's rules regarding outdoor wood 
boilers by: 
1. Changing the qualifications for those who may prepare an evaluation, a report and 
installation recommendations; 
2. Amending the definition of "commercial outdoor wood boiler"; and 
3. 
Establishing a voluntary technology-forcing particulate errusslOn limit as 'an 
incentive to manufacturers to produce cleaner-burning units and to allow reduced 
setbacks for those units.