An Act To Protect Maine's Air Quality by Strengthening Requirements for Air Emissions Licensing
Maine Legislature, Session 130, LD 1532
Committee: Environment and Natural Resources
Sponsors: MORALES, CHIPMAN, KESSLER, MILLETT, RECKITT, TALBOT ROSS, CARNEY
Amends: 38 MRSA §352, 38 MRSA §587, 38 MRSA §589, 38 MRSA §589-B, 38 MRSA §590, 38 MRSA §590-A

Legislative Document
No. 1532
H.P. 1136
House of Representatives, April 19, 2021
An Act To Protect Maine's Air Quality by Strengthening 
Requirements for Air Emissions Licensing
Received by the Clerk of the House on April 15, 2021.  Referred to the Committee on 
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant 
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MORALES of South Portland.
Cosponsored by Senator CHIPMAN of Cumberland and
Representatives: KESSLER of South Portland, MILLETT of Cape Elizabeth, RECKITT of 
South Portland, TALBOT ROSS of Portland, Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 526, 
§2, is further amended to read:
5-A.  Accounting system.  In order to determine the extent to which the functions set 
out in this section are necessary for the licensing process or are being performed in an 
efficient and expeditious manner, the commissioner shall require that all employees of the 
department involved in any aspect of these functions keep accurate and regular daily time 
records.  These records must describe the matters worked on, services performed and the 
amount of time devoted to those matters and services, as well as amounts of money 
expended in performing those functions.  Records must be kept for a sufficient duration of 
time as determined by the commissioner to establish to the commissioner's satisfaction that 
the fees are appropriate.
TABLE I
MAXIMUM FEES IN DOLLARS
TITLE 36 SECTION 
PROCESSING 
FEE
CERTIFICATION 
FEE
656, sub-§1, ¶E, Pollution Control Facilities
 A.  Water pollution control facilities with 
capacities at least 4,000 gallons of waste per 
day and §1760, sub-§29, water pollution 
control facilities
$250
$20
 B.  Air pollution control and §1760, sub-§30, 
air pollution control facilities
TITLE 38 SECTION
PROCESSING FEE
LICENSE FEE
344, sub-§7, Permit by rule
$250 
$0
413, Waste discharge licenses
See section 353-B
420-D, Storm water management  
 A. If structural means of storm 
water control are used
$400 for the first acre of 
disturbed area, plus $200 for 
each additional whole acre 
of disturbed area
 $100 for the first acre 
of disturbed area, plus 
$50 for each additional 
whole acre of disturbed 
area
 B. If solely vegetative means of 
storm water control are used
$200 for the first acre of 
disturbed area, plus $100 for 
each additional whole acre 
of disturbed area
 $50 for the first acre of 
disturbed area, plus $25 
for each additional 
whole acre of disturbed 
area
 C. When a permit by rule is 
required
$55 
none
 If a project described in paragraph A or B is reviewed and approved by a professional 
engineer at a soil and water conservation district office that has a memorandum of 
understanding with the department concerning review of projects pursuant to this 
section, the total applicable fee is reduced to a processing fee of $100 for the first acre 
of disturbed area, plus a license fee of $50 for each additional whole acre of disturbed 
area.
480-E, Natural resources 
protection
 A.  Any alteration of a protected 
natural resource, except coastal 
wetlands and coastal sand 
dunes, causing less than 20,000 
square feet of alteration of the 
resource
 B.  Any alteration of a coastal 
wetland causing less than 
20,000 square feet of alteration 
of the resource
 C.  Any alteration of a protected 
natural resource, except coastal 
sand dunes, causing 20,000 
square feet or more of alteration 
of the resource
.015/sq. ft. alteration 
.005/sq. ft. alteration
 C-1.  Significant groundwater 
well
4,577 
1,961
 C-2.  Activity within a 
community public water supply 
primary protection area
 D.  Any alteration of a coastal 
sand dune
3,500 
1,500
 E.  Condition compliance
 F.  Minor modification
485-A, Site location of 
development
 A.  Residential subdivisions
  1. Affordable housing
50/lot 
50/lot
  2. On public water and sewers
175/lot 
175/lot
  3. All Other
250/lot 
250/lot
 B.  Industrial parks
460/lot 
460/lot
 C.  Mining
1,500 
1,000
 D.  Structures
4,000 
2,000
 E.  Other
1,000 
1,000
543, Oily waste discharge
560, Vessels at anchorage
587, Ambient air quality or 
emissions standards variances
5,050 
590, Air emissions licenses
See section 353-A
633, Hydropower projects
 A.  New or expanded generating 
capacity
450/MW 
50/MW
 B.  Maintenance and repair or 
other structural alterations not 
involving an increase in 
generating capacity
United States Code, Chapter 
26, Water Quality Certifications, 
in conjunction with applications 
for hydropower project licensing 
or relicensing
 A.  Initial consultation
1,000 
 B.  Second consultation
1,000 
 C.  Application
  1. Storage
1,000 
  2. Generating
300/MW 
50/MW
1304, Waste management
 A.  Septage disposal
  1. Site designation
 B.  Land application of sludges 
and residuals program approval
  1. Industrial sludge
  2. Municipal sludge
  3. Bioash
  4. Wood ash
  5. Food waste
  6. Other residuals
 C.  Landfill
  1. Closing plans for secure 
landfills
1,500 
1,500
  2. Closing plans for 
attenuation landfills
  3. Post-closure report
  4.  Preliminary information 
reports
  5. License transfers
  6. Special waste disposal 
   a. One-time disposal of 
quantities of 6 cubic yards 
or less 
   b. One-time disposal of 
quantities greater than 6 
cubic yards 
   c. Program approval for 
routine disposal of a 
special waste
  7. Minor revision for secure 
landfills 
  8. Minor revision for 
attenuation landfills
  9. Public benefit 
determination 
 D.  Incineration facility
  2.  License transfer
 E.  License transfer other than 
for landfills and incinerators
 F. Minor revision for septage 
facilities and solid waste 
facilities other than landfills
 G. Permit by rule for one-time 
activities
TABLE II
WASTE MANAGEMENT FEES - ANNUAL LICENSE
MAXIMUM FEES IN DOLLARS
TITLE 38 SECTION
PROCESSING 
FEE
ANNUAL 
LICENSE FEE
1278, Asbestos abatement
 A.  Asbestos abatement contractor
$0
$650
 B.  Asbestos abatement worker
 C.  Asbestos consultant
 D.  Asbestos analytical laboratory
 E.  Training provider
 F.  Other categories of asbestos professionals 
except asbestos abatement workers
 G.  Notification
1.  Project size greater than 100 square feet or 
linear feet and less than 500 square feet or 
2,500 linear feet
2.  Project size 500 square feet or 2,500 linear 
feet, or greater, and less than 1,000 square feet 
or 5,000 linear feet
3.  Project size 1,000 square feet or 5,000 linear 
feet, or greater 
1304, Waste management
 A.  Septage disposal
1. Landspreading
$550
$250
2. Storage
 B.  Residuals compost facility
1. Type I
3. Type II and Type III less than 3,500 cubic 
yards
5.  Type II and Type III 3,500 cubic yards or 
greater
1,400
 C.  Land application of sludges and residuals 
1. Sites with program approval 
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other residuals
2. Sites without program approval
a. Industrial sludge
b. Municipal sludge
c. Bioash
d. Wood ash
e. Food waste
f. Other
1310-N, Solid waste facility siting
 A.  Landfill
1. Existing, nonsecure municipal solid waste 
landfills accepting waste from fewer than 
15,000 people 
3,500
1,000
2. Existing, nonsecure municipal solid waste 
landfills accepting waste from more than 
15,000 people 
3,500
3,500
3. New or expanded for secure landfill
5,000
8,500
5. Nonsecure wood waste or demolition debris 
landfills, or both, if less than or equal to 6 acres 
 B.  Incineration facilities
1. New or expanded for the acceptance of 
municipal or special wastes, or both 
3,500
5,000
2. Municipally owned and operated solid waste 
incinerators with licensed capacity of 10 tons 
per day or less 
3,500
1,000
 C.  Transfer station and storage facility
 D.  Tire storage facility
 F.  Processing facility other than municipal solid 
waste composting 
 G.  Beneficial use activities other than agronomic 
utilization 
3. Fuel substitution
4. Beneficial use without risk assessment
5. Beneficial use with risk assessment
1,400
 H.  Permit by rule for ongoing activities
3109, Redemption centers
Sec. 2.  38 MRSA §587, as amended by PL 1989, c. 878, Pt. A, §115; c. 890, Pt. A, 
§40; and Pt. B §§161 and 162, is repealed.
Sec. 3.  38 MRSA §589, sub-§1, ¶B, as enacted by PL 1991, c. 384, §9 and affected 
by §16, is repealed.
Sec. 4.  38 MRSA §589-B is enacted to read:
§589-B.  Civil penalties
Notwithstanding section 349, subsection 2, a person licensed or required to be licensed 
under section 590 who violates any applicable air quality or emissions standard under this 
chapter or the rules adopted pursuant to this chapter is subject to a civil penalty, payable to 
the State, of not less than $25,000 and not more than $100,000 for each day of that 
violation.  The State must transfer any civil penalty recovered under this subsection to the 
municipality where the violation occurred.  This penalty is recoverable in a civil action.
Sec. 5.  38 MRSA §590, sub-§2, as enacted by PL 1991, c. 658, §1, is amended to 
read:
2.  Applications.  Applications for air emission licenses must be made in a form 
prescribed by the commissioner and contain the information related to the proposed air 
contamination source and emission of air contaminants required by rule of the board and a 
plan that outlines the steps that will be taken by the applicant to protect the public health 
of the community.  The department shall review and approve or require modifications to 
the plan submitted under this section in consultation with the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention.  All hearings under 
this section must be held in a municipality within the region where the proposed emission 
is to be located.  At this hearing, the department shall solicit and receive testimony 
concerning the nature of the proposed emissions; their effect on existing ambient air quality 
standards within the region; the availability and effectiveness of air pollution control 
apparatus designed to maintain the emission for which a license is sought at the levels 
required by law; and the expense of purchasing and installing this apparatus.  The 
department shall grant the license and may impose appropriate and reasonable conditions 
as necessary to secure compliance with ambient air quality standards if the department finds 
that the proposed emission will:
A.  Receive  The proposed emission will receive the best practical treatment;
B.  Not The proposed emission will not violate or be controlled so as not to violate 
applicable emission standards; and
C.  Either The proposed emission will either alone or in conjunction with existing 
emissions, not violate or be controlled so as not to violate applicable ambient air quality 
standards.;
D.  The source of emissions is not located in an area zoned for residential use or within 
1,000 feet of a residence;
E.  The applicant will install a source emission testing system; and
F.  The applicant will conduct continuous monitoring along the property boundary 
where the source of emissions is located.
Sec. 6.  38 MRSA §590, sub-§8 is enacted to read:
8.  Hearings.  All applications for an air emission license or license renewal must 
receive a public hearing in the municipality where the source of proposed air emissions is 
located.  Written notice of hearing must be sent by the applicant for a license or license 
renewal by first-class mail with proof of mailing to the municipal offices and all addresses, 
commercial and residential, within a 5-mile radius of the source within 60 days of the 
hearing.  Notice must include an electronic link where information about the proposed 
license application or proposed license renewal can be found.  The department shall solicit 
public comment during the hearing for a license application or license renewal.  For an 
application for an air emission license, the department shall solicit and receive testimony 
concerning the nature of the proposed emissions; the emissions' effect on existing ambient 
air quality within the municipality where the source is located; the availability and 
effectiveness of air pollution control apparatus designed to maintain the emission for which 
a license is sought at the levels required by law; and the expense of purchasing and 
installing this apparatus.
Sec. 7.  38 MRSA §590-A, first ¶, as amended by PL 2011, c. 538, §13, is further 
amended to read:
The term of air emission licenses is 10 3 years, except that the term of licenses for air 
contaminant sources subject to when the state permitting provisions of 40 Code of Federal 
Regulations, Part 70 is 5 years and licenses issued pursuant to rules adopted pursuant to 
section 580‑B, subsection 4, paragraph D have no stipulate a fixed term for licenses, in 
which case the term of the license is the specified fixed term.  The board may establish, by 
rule, shorter license terms for the following source categories as it considers necessary to 
protect the public health, safety and welfare:
Sec. 8.  Application.  That section of this Act that amends the Maine Revised 
Statutes, Title 38, section 590-A does not apply to licenses issued before the effective date 
of this Act.
SUMMARY
This bill repeals the provision that allows the Department of Environmental Protection 
to grant a variance from ambient air quality standards to a person who owns or is in control 
of specified sources for which an air emission license was granted.  It repeals the provision 
that prohibits the Commissioner of Environmental Protection from requiring a person to 
submit more than one copy of ambient monitoring data or meteorological data more 
frequently than quarterly.
This bill also:
1.  Creates new hearing requirements for applications for air emission licenses or 
renewals;
2.  Creates new civil penalties for violation of air emission standards and requires any 
penalties recovered to be transferred to the municipality where the violation occurred;
3.  Prohibits the department from granting a license when certain requirements are not 
met; and
4.  Changes the term of an air emission license to 3 years, except when the term is 
specified in federal law as a fixed term.