An Act To
Maine Legislature, Session 125, LD 1398
Committee Amendment CA_A_H369 (House)
Amends: 38 MRSA §1303-C

COMMITTEE AMENDMENT "A" to H.P. 1027, L.D. 1398, Bill, "An Act To 
Amend the Laws Administered by the Department of Environmental Protection" 
Amend the bill by inserting after the title and before the enacting clause the 
following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this legislation corrects a water quality classification that will enable the 
United States Army Corps of Engineers to dredge under a permit issued by the 
Department of Environmental Protection, and the dredging must be completed prior to 
the expiration of the 90-day period; 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,' 
Amend the bill in section 5 in §343-D in subsection 1 by striking out all of 
paragraphs A to C (page 1, lines 35 and 36 and page 2, lines 1 to 11 in L.D) and inserting 
the following: 
'A. The Governor shall appoint 2 representatives from the business community, 2 
elected or appointed municipal officials who are not owners or representatives of 
owners of small business stationary sources, and 2 representatives of organized labor 
and 2 representatives from the department. 
B. 
The President of the Senate shall appoint one member from a public health 
organization, one member from an environmental organization and one public 
member who is an owner or represents an owner of a small business stationary 
source. 
C. The Speaker of the House of Representatives shall appoint one member from a 
public health organization, one member from an environmental organization and one 
COMMITTEE AMENDMENT 
~s· 
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COMMITTEE AMENDMENT "A" to H.P. 1027, L.D. 1398 
public member who is an owner or represents an owner of a small business stationary 
source.' 
Amend the bill in section 6 in §343-D in subsection 1 by striking out all of 
paragraphs A to C (page 4, lines 10 to 22 in L.D) and inserting the following: 
'A. The Governor shall appoint 2 representatives from the business community, 2 
elected or appointed municipal officials who are not owners or representatives of 
owners of small business stationary sources, aHd 2 representatives of organized labor 
and 2 representatives from the department. 
B. 
The President of the Senate shall appoint one member from a public health 
organization, one member from an environmental organization and one public 
member who is an owner or represents an owner of a small business stationary 
source. 
C. The Speaker of the House of Representatives shall appoint one member from a 
public health organization, one member from an environmental organization and orie 
public member who is an owner or represents an owner of a small business stationary 
source.' 
Amend the bill in section 14 in paragraph A in the 5th line (page 15, line 13 in L.D.) 
by striking out the following: "one year" and inserting the following: '2 years' 
Amend the bill in section 19 in §584-A in the last line (page 17, line 13 in L.D.) by 
inserting after the following: 
"amended." the following: 
'The department shall 
implement ambient air quality standards as required by the federal Clean Air Act, 42 
United States Code, Section 7409 and regulations promulgated under that section by the 
United States Environmental Protection Agency. 
Nothing in this section may be 
construed to limit the authority of the department to adopt emission standards designed to 
achieve and maintain ambient air quality standards. ' 
Amend the bill by inserting after section 19 the following: 
'Sec. 20. 38 MRSA §1303-C, sub-§6, ~, as enacted by PL 1999, c. 525, §l, is 
repealed and the following enacted in its place: 
E. A solid waste facility owned and controlled by a single entity that: 
(1) Generates at least 85% of the solid waste disposed of at a facility, except that 
the facility may accept from other sources, on a nonprofit basis, an amount of 
solid waste that is no more than 15% of all solid waste accepted on an annual 
basis; or 
(2) Is an owner of a manufacturing facility that has, since January 1, 2006, 
generated at least 85% of the solid waste disposed of at the solid waste facility, 
except that one or more integrated industrial processes of the manufacturing 
facility are no longer in common ownership, and those integrated industrial 
processes will continue to generate waste that will continue to be disposed of at 
the solid waste facility. This exemption only applies if the source and type of 
waste disposed of at the solid waste facility remains the same as that previously 
disposed of by the single entity. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "R" to H.P. 1027, L.D. 1398 
For the purposes of this paragraph, "single entity" means an individual, partnership, 
corporation or limited liability corporation that is not engaged primarily in the 
business of treating or disposing of solid waste or special waste. This paragraph does 
not apply if an individual partner, shareholder, member or other ownership interest in 
the single entity disposes of waste in the solid waste facility. 
A waste facility 
receiving ash resulting from the combustion of municipal solid waste or refuse-
derived fuel is not exempt from this subsection solely by operation of this paragraph. 
For purposes 
of this 
paragraph, 
"integrated 
industrial 
processes" 
means 
manufacturing processes, equipment or components, including, but not limited to, 
energy generating facilities, that when used in combination produce one or more 
manufactured products for sale; or' 
Amend the bill by inserting after section 21 the following: 
'Sec. 22. 38 MRS A §1393, sub-§2, ~B, as enacted by PL 2007, c. 569, §6, is 
amended to read: 
B. The replacement or expansion of an underground oil storage facility in existence 
on September 30, 200 I or a facility identified in subsection 1, paragraph B in 
existence on September 30, 2008 as long as the replacement or expansion occurs on 
the same property and~ the facility meets all applicable requirements of law~ and, in 
the case of replacement, the facility owner: 
(l) 
Within 30 days after removal of the existing facility, notifies the 
commissioner and municipal code enforcement officer in writing of the owner's 
intent to replace the facility; and 
(2) Commences construction of the replacement facility within 2 years after 
removal of the existing facility; 
Sec. 23. 38 MRS A §1661-C, sub-§9, ~A, as amended by PL 2009, c. 501, §22, 
is further amended to read: 
A. 
After June 30 December 31, 2011, a person may not sell or offer to sell or 
distribute for promotional purposes a mercury-added button cell battery identified in 
this paragraph or a product that contains a mercury-added button cell battery 
identified in this paragraph: 
(I) A zinc-air button cell battery; 
(2) An alkaline manganese button cell battery; or 
(3) A silver oxide button cell battery stamped with the designation 357, 364, 
371, 377, 395, SR44W, SR621SW, SR626SW, SR920SW or SR927SW or a 
silver oxide button cell battery that is interchangeable with a battery that is 
stamped with one of those designations; and' 
Amend the bill by inserting at the end before the summary the following: 
'Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1027, L.D. 1398 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, makes the following 
changes to the bill. 
1. It adds an emergency preamble and clause. 
2. It retains the current authority of the President of the Senate and Speaker of the 
House to appoint members to the Pollution Prevention and Small Business Assistance 
Advisory Panel. The bill proposes to move the authority to appoint 4 members to the 
Governor. 
3. It amends the law on registration of underground oil storage tanks to require that 
the tanks be registered within 2 years preceding installation, instead of within one year as 
proposed in the bill. 
4. It clarifies that the authority of the Department of Environmental Protection to 
adopt emission standards designed to achieve ambient air qual1ty standards is not limited 
by language in the bill that references the federal Clean Air Act. 
5. It adds a provision that amends the single entity ownership exception contained in 
the definition of "commercial solid waste disposal facility." 
6. It adds a provision that amends the laws governing wellhead protection to address 
the removal and replacement of grandfathered facilities in wellhead protection zones. 
7. It adds a provision that delays the effective date of Maine's ban on the sale of 
mercury-added button cell batteries. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/l9111 
.::b'fac... 
LD 1398 
LR 235(02) 
An Act To Amend the Laws Administered by the Department of Environmental Protection 
Fiscal Note for Bill as Amended by Committee Amendment 'A" 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor savings - General Fund 
Minor revenue decrease - General Fund 
Minor cost increase - Other Special Revenue Funds 
~orrectional and Judicial Impact Statements 
Decreases the number of civil violations. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs associated with the various provisions and administrative changes in this bill can be absorbed by 
the Department of Environmental Protection within existing budgeted resources. 
LR0235(02) - Fiscal Note - Page 1 of 1