An Act To Amend Mercury Stack Testing Requirements for Celiain Air Emission Sources
Maine Legislature, Session 124, LD 1775
Committee Amendment CA_A_S394 (Senate)
Amends: 38 MRSA §585-B

COMMITTEE AMENDMENT" A" to S.P. 681, L.D. 1775, Bill, "An Act To 
Amend Mercury Stack Testing Requirements for Celiain Air Emission Sources" 
Amend the bill by inseliing after the enacting clause the following: 
'Sec. 1. 38 MRSA §585-B, sub-§5, as amended by PL 2009, c. 338, § I, is fUliher 
amended to read: 
5. Standards for mercUI),. Notwithstanding subsection I, an air emission source 
may not emit mercury in excess of 4504 kilograms, or 100 pounds, per year after January 
1, 2000; 22.7 kilograms, or 50 pounds, per year after January I, 2004; 15.9 kilograms, or 
pounds, after January 1, 2007; and 1104 kilograms, or 25 pounds, after January I, 
2010. 
As an alternative to not emitting mercury in excess of 1104 kilograms, or 25 
pounds, after January 1, 20 I 0, an air emission source may reduce mercury emissions by 
percent by weight after January I, 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 
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 
I lA-kilogram, or 25-pound, limit as follows. 
A. An emission source may submit an application to the board no later than January 
I, 2009 for a 6-month extension of the January 1, 2010 deadline to meet the 1 104-
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 
I, 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 
Page I - 124LR2S76(02)-1 
COMMITTEE AMENDMENT 
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COMMIITE~ AMENDMENT 'A" to S.P. 681, L.D. 1775 
I 
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 I, 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 I, 2000 shall comply. w.ith the 45.4-kilogram,or 100-pound, 
mercury emissions limit after December 19,2000. 
For determining compliance with this subsection, the results of multiple stack tests may 
be averaged in accordance with gu idance provided by the department.' 
II 
Amend the bill by striking out all of section 2 and inserting the following: 
'Sec. 2. 38 MRS A §585-B, sub-§7 is enacted to read: 
7. Stacie tests for mercury. An air emission source emitting mercury in excess of 
pounds in calendar year 20 10 must: 
IS 
A. 
Conduct a stack test for mercury twice in calendar year 20 II and twice in 
calendar year 2012. The stack tests must be conducted at least 4 months apart; and 
B. By JanuaJY I, 2013, develop a mercUlY reduction plan and submit the plan to the 
department in accordance with subsection 6. The plan must contain the results of the 
stack tests conducted pursuant to paragraph A. 
Foi- determining compliance with subsection 5, the results of multiple stack tests under 
this subsection may be averaged in accordance with guidance provided by the 
depaltment. 
The department may approve an alternative to the stack testing requirements in this 
subsection, such as, but not limited to, merclllY input data or a continuous mercury 
emission monitoring system.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment changes the stack test requirements in the bill to apply to air 
emission sources emitting mercury in excess of 10 pounds in calendar year 20 10. 
It 
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authorizes the Department of Environmental Protection to approve an alternative to the 
stack testing requirements. ]t allows the results of mUltiple, stack tests to be ,averaged in 
accordance with guidance from the Department of Environmental Protection. 
FISCAL :\OTE REQLlRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/25/10 frac 
LD 1775 
LR 2576(02) 
An Act To Amend Mercury Stack Testing Requiremelits for Certain Air Emission Sources 
Fiscal Note for Bill as Amended by Committee Amend~ellt "A, 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
. Requiring the Department of Environmental Protection (DEP) to review mercury reduction plans and to report 
. regarding mercury emissions and standards, as well as authorizing DEP to approve altematives to stack testing 
requirements, entails costs that can be absorbed by DEP within existing budgeted resources. 
LR2576(02) - Fiscal Note - Pnge I of I