An Act to Amend Mercury Standards for Air Emission Sources RepOlied by Representative DUCHESNE of Hudson for the Joint Standing Committee on Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 585-B, subsection 6. Printed~Lln recycled paper -7Y/~ /h. 77!tu;~{
Maine Legislature, Session 124, LD 1482
Amends: 38 MRSA §585-B

Legislative Document 
No. 1482 
H.P. 1035 
House of Representatives, May 26, 2009 
An Act to Amend Mercury Standards for Air Emission Sources 
RepOlied by Representative DUCHESNE of Hudson for the Joint Standing Committee on 
Natural Resources pursuant to the Maine Revised Statutes, Title 38, section 585-B, subsection 6. 
Printed~Lln recycled paper 
'-7Y/~ /h. 77!tu;~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of l\:1aine as follows: 
Sec. 1. 38 MRSA §585-B, sub-§5, as amended by PL 2005, c. 590, § 1, is further 
amended to read: 
5. Standards for mercury. Notwithstanding subsection 1, an air emissIon source 
may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per year after January 
1,2000; 22.7 kilograms, or 50 pounds, per year after January 1,2004; 15.9 kilograms, or 
pounds, after January 1, 2007; and. 11.4 kilograms, or 25 pounds, after January 1, 
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2010. As an alternative to not emitting mercury in excess of 11.4 kilograms, or 25 
pounds, after January 1,2010, an air emission source may reduce mercury emissions by 
percent by weight after January 1, 2010. Compliance with these limits must be 
specified in the license of the .air emission soUrce. The board shall establish by rule 
testing protocols and measurement methods for emissions sources for which the board 
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has not· established such protocols and methods for determining· compliance with the 
emission standard for mercury. These rules are routine technical rules under Title 5, 
chapter 375, subchapter 2-A, 
An air emission source may apply to the board for an extension or modification of the 
11.4-kilogram, or25-pound, limit as follows. 
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A. An ~mission source may submit an application to the·board no later than January 
1, 2009 'for a 6-month extension of the January 1, 2010 deadline to meet the 11.4-
kilogram, or 25-pound, limit. 
The board shall grant the extension if the board 
determines, based on information presented by the source, that compliance with the 
limit is not achievable by the deadline due to engineering constraints, availability of 
equipment or other justifiable technical reasons. 
B. An emission source may submit an application to the board no later than January 
1, 2009 for a license modification establishing an alternative emission limit for 
mercury. The board shall grant the license modification if the board finds that the 
proposed mercury emission limit meets the most stringent emission limitation that is 
achievable and compatible with that class of source, considering economic feasibility. 
Pending a decision on an application for an extension or a license modification under this 
subsection, the 15.9-kilogram, or 35-pound, limit applies to the emission source. 
Notwithstanding the January 1, 2000 compliance date in this subsection, a resource 
recovery facility that is subject to an emissions limit for mercury adopted by rule by the 
board before January 1, 2000 shall comply with the 45.4-kilogram, or 100-pound, 
mercury emissions limit after December 19, 2000. 
Sec. 2. 
MRSA §585-B, sub-§6, as corrected by RR 2005, c. 2, §24, is 
amended to read: 
6. Mercury reduction plans. Any air emission source emitting mercury in excess 
of 10 pounds per year after January 1, 2007 must develop a mercury reduction plan. The 
mercury reduction plan must be submitted to the department no later than September 1, 
2008. The mercury reduction plan must contain: . 
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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 that may 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 ofreducing the amount 
of mercury used or released. 
The department may keep information submitted to the department under this subsection 
confidential as provided under section 1310-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 iIi subsection 5. The department shall 
submit an updated report to the committee by January 1, 2010. The j oint standing 
committee of the Legislature having jurisdiction over natural resources matters is 
authorized to report out to the 124th Legislature legislation relating to the evaluation and 
the updated report. 
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SUMMARY 
This bill is submitted by the Joint Standing Committee on Natural Resources 
pursuant to the Maine Revised Statutes, Title 38, section 585-B, subsection 6. The bill 
provides an' alternative method for an air emission source to comply with mercury 
standards. 
It 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 legislation to the 1 24th Legislature in cOIll1ection with the updated report. 
FISCAL l"OTE 1li.(JLlRED 
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Fiscal Detail and' Notes 
Approved: 05120/09 Mac. 
LD 'c.f151-
LR 2002(01) 
An Act to Amend Mercury Standards for Air Emission Sources 
Fiscal Note for Original Bill 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional cost to the Department of Environmental Protection associated with providing an alternative method to 
comply with mercury standards for air emission sources and other administrative duties can be absorbed within 
existing budgeted resources. 
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LR2002(0 J) - Fiscal Note - Page J of I 
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