Resolve, To Change Rules Concerning Landfill Gas and Odor Management from Routine Technical Rules to Major Substantive Rules
Maine Legislature, Session 125, LD 0180
Committee: Environment and Natural Resources
Sponsors: AYOTTE, JACKSON, DUCHESNE, EDGECOMB, LONG, MARTIN, THERIAULT, WILLETTE, SHERMAN

Legislative Document 
No. 180 
H.P. 157 
House of Representatives, January 27, 2011 
Resolve, To Change Rules Concerning Landfill Gas and Odor 
Management from Routine Technical Rules to Major Substantive 
Rules 
(EMERGENCY) 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative AYOTTE of Caswell. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: DUCHESNE of Hudson, EDGECOMB of Caribou, LONG of Sherman, 
MARTIN of Eagle Lake, THERIAULT of Madawaska, WILLETTE of Mapleton, Senator: 
SHERMAN of Aroostook. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, rulemaking relating to the management of landfill gas and odor at solid 
waste facilities is currently in progress and could be complete before this legislation goes 
into effect unless this legislation is enacted as an emergency; and 
Whereas, the scope of those rules is greater than expected when the effort was 
initiated in 2008, particularly with respect to the management of odors and landfill gas; 
and 
Whereas, the increased scope of the rulemaking will cause a significant financial 
impact to publicly and privately owned solid waste incinerators, landfills, transfer 
stations, composting facilities and processing facilities, as well as the industries, 
businesses and municipalities directly reliant on such solid waste facilities; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1.  Resolve 2007, c. 170, §1, amended. Resolved: That Resolve 2007, c. 
170, §1 is amended to read: 
Sec. 1.  Landfill gas and odor management rules.  Resolved:  That the 
Department of Environmental Protection, Board of Environmental Protection shall adopt 
rules concerning landfill gas and odor management that incorporate quantitative standards 
that can be used to measure compliance.  Rules adopted pursuant to this section are 
routine technical major substantive rules as defined in the Maine Revised Statutes, Title 
5, chapter 375, subchapter 2-A.  By January March 15, 2009 2012, the Department of 
Environmental Protection shall submit a report on the status of the rules to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve requires that rules governing the management of landfill gas and odors at 
solid waste facilities adopted by the Department of Environmental Protection, Board of 
Environmental Protection pursuant to Resolve 2007, chapter 170 are major substantive 
rules rather than routine technical rules.