An Act To Amend! Mercury Stack Testing Requirements for Certain Air Emission Sources
Maine Legislature, Session 124, LD 1775
Committee: Natural Resources

MAINE STATE LEGISLATURE 
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124th MAINE L GISLATURE 
Legislative Document 
No. 1775 
S.P.681 
In Senate, February 9, 2010 
An Act To Amend! Mercury Stack Testing Requirements for Certain 
Air Emission Sources 
Reported by Senator GOODALL of Sagadahoc for the Joint Standing Committee on 
Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 585-B, subsection 
6. 
Reference to the Committee on Natural Resources suggested and ordered printed pursuant" 
to Joint Rule 218. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be_ it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §585-B, sub-§6, as amended by PL 2009, C. 338, §2, is further 
amended to read: 
6. Mercury reduction plans. AHy An air emission source emitting mercury in 
excess of 10 pounds per year after January 1, 2007 must develop a mercury reduction 
plan. +He Except as provided in subsection 7, the mercury reduction plan must be 
submitted to the department no later than September 1, 2008. The mercury reduction 
plan must contain: 
A. Identification, characterization and accounting of the mercury used or released at 
the emission source; and 
B.Identification, analysis and evaluation of any appropriate technologies, 
procedures, processes, equipment or production changes thatmay be utilized by the 
emission source to reduce the amount of mercury used or released by that emission 
source, including a financial analysis of the costs and benefits of reducing the amount 
of mercury used or released. 
The department may keep information submitted to the department under this subsection 
confidential as provided under section 131 O-B._ 
The department shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over natural resources matters no later than March 1, 2009 
summarizing the mercury emissions and mercury reduction potential from those emission 
sources subject to this subsection. In addition, the department shall include an evaluation 
of the appropriateness of the 25-pound mercury standard established in subsection 5. 
The evaluation must address, but is not limited to, the technological feasibility, cost and 
schedule of achieving the standards established in subsection 5. The department shall 
submit an updated report to the-committee by January I, 2010 March 1, 2013. The joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
is authorized to report out to the_ -l-24tft 126th Legislature legislation a bill relating to the 
evaluation and the updated report. 
Sec. 2. 38 MRS A §585-B, sub-§7 is enacted to read: 
.. Stack tests for mercury. An air emission source emitting mercury in ex,cess of 
pounds per year must: 
A. Conduct a stack test for mercury twiGe:each; calendar, year. for 2;. c.onsea,otive;years:. 
The stack tests must be conducted: at least 4' montns apart;; and: 
B. At the end of the 2-year pedod:undel' paragraph, A, dev.elbp~ a' merculiY reduetion 
plan and submit the plan to the department in: acc::ordance; with subsection 6. The: plan 
must contain the results of the 4 stack tests conductecl!"pursuant to paragraph A. 
For determining compliance with subsection 5, the results of the 4 stack tests under this 
subsection may be averaged in accordance with protocols contained in department rule 
adopted in accordance with subsection 5. 
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SUMMARY 
This bill is reported out by the Joint Standing Committee on Natural Resources 
pursuant to the Maine Revised Statutes, Title 38, section 585-B, subsection 6. The bill 
requires air emission sources emitting mercury in excess of 10 pounds per year to conduct 
stack tests for mercury twice per year for 2 years and to submit a mercury reduction plan 
to the Department of Environmental Protection. The bill also directs the Department of 
Environmental Protection to submit an updated report relating to mercury emissions and 
standards and authorizes the committee to report out a bill to the 126th Legislature in 
connection with the updated report.