An Act to Amend Provisions of the Maine Metallic Mineral Mining Act
Maine Legislature, Session 131, LD 1471
Committee: Environment and Natural Resources
Sponsors: BENNETT
Amends: 38 MRSA §490-O, 38 MRSA §490-Q, 38 MRSA §490-R, 38 MRSA §490-T

Legislative Document
No. 1471
S.P. 590
In Senate, April 5, 2023
An Act to Amend Provisions of the Maine Metallic Mineral Mining 
Act
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §490-OO, sub-§2, ¶B-1 is enacted to read:
B-1.  A human health impact assessment for the proposed mining operation that 
identifies all potential emissions and effects from the mining operation in a proposed 
mining area and affected area that can reasonably be expected to cause or threaten harm 
to human health, including, but not limited to, harm caused by air emissions, 
contamination of groundwater or surface water, noise pollution, light pollution and the 
effects of blasting and vibrations from the mining operation.  The human health impact 
assessment must define the mining area and affected area and include practicable 
alternatives to address identified potential human health risks.  The department shall 
review the human health impact assessment and may approve, reject or require 
modifications to the assessment;
Sec. 2.  38 MRSA §490-OO, sub-§2, ¶E, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
E.  Financial assurance and insurance as described in section 490‑RR; and
Sec. 3.  38 MRSA §490-OO, sub-§4, ¶E-1 is enacted to read:
E-1.  The mining operation will not involve or result in the release of perfluoroalkyl 
and polyfluoroalkyl substances into the air, soil, groundwater or surface water within 
any mining area or affected area.  As used in this paragraph, "perfluoroalkyl and 
polyfluoroalkyl substances" has the same meaning as in Title 32, section 1732, 
subsection 5-A.
Sec. 4.  38 MRSA §490-OO, sub-§4, ¶J-1 is enacted to read:
J-1.  The mining operation will not involve the use of explosives or other blasting 
materials that contain perchlorate.
Sec. 5.  38 MRSA §490-OO, sub-§4, ¶K-1 is enacted to read:
K-1.  The mining operation meets all applicable setback requirements specified by the 
department by rule.  The department shall by rule establish minimum setback 
requirements for mining operations, which must include, but are not limited to, 
setbacks from schools, day care facilities, residences, hospitals and national and state 
parks.
Sec. 6.  38 MRSA §490-OO, sub-§4, ¶N-1 is enacted to read:
N-1.  The applicant has made adequate provision for and demonstrated specific plans 
to provide for and, in accordance with section 490-RR, subsection 2, paragraph A, fund 
the perpetual treatment and monitoring of mine waste and tailings in the event that the 
applicant fails to satisfy applicable mine waste or tailings management requirements, 
applicable closure and post-closure monitoring requirements or other applicable 
requirements resulting in the need for perpetual treatment of mine waste or tailings 
following closure.
Sec. 7.  38 MRSA §490-OO, sub-§4, ¶P is enacted to read:
P.  The applicant has made adequate provision for and demonstrated specific plans to 
address natural events that may affect mining operations, including, but not limited to, 
fires, earthquakes, droughts, tidal waves and floods, and for the implementation of 
climate adaptation measures in accordance with rules adopted by the department.
Sec. 8.  38 MRSA §490-OO, sub-§4, ¶Q is enacted to read:
Q.  The applicant has demonstrated specific plans for ensuring that the mining 
operation, to the greatest extent practicable, will use clean energy measures and 
technologies, as identified by the department by rule, including, but not limited to, 
generation of electricity for the mining operation through the use of solar, wind or other 
clean energy technology; use of electric vehicles and electric-powered equipment in 
the mining operation; and implementation of carbon capture technology for carbon 
emissions from the mining operation.
Sec. 9.  38 MRSA §490-QQ, sub-§3-A is enacted to read:
3-A.  Air quality monitoring.  Through rulemaking the department shall establish 
standards for monitoring air quality as close as practicable to any mining area that may 
pose a threat to air quality.  A permittee shall conduct air quality monitoring in accordance 
with the provisions of a mining permit during mining operations, during suspension of 
mining operations and during closure.
A.  The permittee shall establish compliance with applicable air quality standards and 
requirements through direct measurement of emissions and not by estimating emission 
concentrations.  The permittee shall conduct air emissions monitoring for pollutants as 
required by the department pursuant to chapter 4 and for other hazardous air pollutants 
specified by the department by rule, which must include, but are not limited to, volatile 
organic compounds, polycyclic aromatic hydrocarbons, other pollutants associated 
with the use of petroleum-based products and other pollutants that are heavy metals.   
B.  The permittee shall install and operate fenceline monitoring equipment for air 
emissions from any stack, flue, chimney, vent or other potential source of air pollution 
within a mining area and shall ensure the monitoring and measurement of fugitive air 
emissions within a mining area, including, but not limited to, emissions from vehicles 
and other equipment operated or used within the mining area.
Sec. 10.  38 MRSA §490-RR, sub-§2, ¶A, as enacted by PL 2017, c. 142, §9, is 
amended by amending subparagraph (1) to read:
(1)  The cost to investigate all possible releases of contaminants at the site, monitor 
all aspects of the mining operation, close the mining operation in accordance with 
the closure plan, conduct treatment activities of all expected fluids and wastes 
generated by the mining operation for a minimum of 100 years, implement 
remedial activities for all possible releases and maintenance of structures and waste 
units as if these units have released contaminants to the groundwater and surface 
water, conduct corrective actions for potential environmental impacts to 
groundwater and surface water resources as identified in the environmental impact 
assessment and conduct all other necessary activities at the mine site in accordance 
with the environmental protection, reclamation and closure plan.  The amount of 
the financial assurance must be sufficient to provide for the perpetual treatment 
and monitoring of mine waste and tailings in the event that the permittee fails to 
satisfy applicable mine waste or tailings management requirements, applicable 
closure and post-closure monitoring requirements or other applicable requirements 
resulting in the need for perpetual treatment of mine waste or tailings following 
closure; and
Sec. 11.  38 MRSA §490-RR, sub-§6 is enacted to read:
6.  Insurance requirement.   In accordance with rules adopted by the department, a 
permittee must provide proof of and maintain comprehensive general liability insurance 
for the mining operation for the same duration as financial assurance is required under 
subsection 1.  The insurance must provide sufficient coverage to address potential harm to 
members of the public located adjacent to or in proximity to mining areas or affected areas, 
including, but not limited to, harm resulting from fires, explosions or flooding originating 
at or caused by the mining operation and harm resulting from exposure to air, water or soil 
pollution caused by the mining operation.  The insurance may not include any provisions 
or clauses that exclude coverage for harm or losses caused by pollution.
Sec. 12.  38 MRSA §490-TT, sub-§2, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
2.  Imminent endangerment.  If the department determines that a violation under 
subsection 1 mining operation is causing or resulting in, or has the potential to cause or 
result in, an imminent and substantial endangerment to the public health or safety, 
environment or natural resources, regardless of whether a violation under subsection 1 
exists, the department shall take action necessary to prevent, abate or eliminate the 
endangerment. Such action may include one or more of the following:
A.  Revoking the mining permit as authorized by section 342, subsection 11‑B;
B.  Issuing an order to the permittee requiring immediate suspension of mining 
activities, including, but not limited to, the removal of metallic product from the site;
C.  Issuing an order to the permittee to undertake such other corrective or response 
actions as may be necessary to prevent, abate or eliminate the endangerment; and
D.  Issuance of an emergency order as authorized by section 347‑A, subsection 3.
SUMMARY
This bill amends the Maine Metallic Mineral Mining Act as follows.
1.  In addition to other requirements provided by that Act, the bill requires an applicant 
for a mining permit to:
A.  Submit a human health impact assessment for the proposed mining operation that 
identifies all potential emissions and effects from the mining operation in a proposed 
mining area and affected area that can reasonably be expected to cause or threaten harm 
to human health;
B.  Demonstrate specific plans to provide for and fund the perpetual treatment and 
monitoring of mine waste and tailings in the event that the applicant fails to satisfy 
applicable mine waste or tailings management requirements, applicable closure and 
post-closure monitoring requirements or other applicable requirements resulting in the 
need for perpetual treatment of mine waste or tailings following closure;  
C.  Demonstrate specific plans to address natural events that may affect mining 
operations and for the implementation of climate adaptation measures as specified by 
rule; and
D.  Demonstrate specific plans for ensuring that the mining operation will use clean 
energy measures and technologies to the greatest extent practicable.
2.  In addition to other restrictions provided by that Act, the bill prohibits the 
Department of Environmental Protection from issuing a mining permit for a mining 
operation that:
A.  Will involve or result in the release of perfluoroalkyl and polyfluoroalkyl 
substances into the air, soil, groundwater or surface water within any mining area or 
affected area;
B.  Will involve the use of explosives or other blasting materials that contain 
perchlorate; or
C.  Does not meet all applicable setback requirements specified in rule, which must 
include, but are not limited to, minimum setbacks from schools, day care facilities, 
residences, hospitals and national and state parks.
3.  In addition to other requirements provided by that Act, the bill requires a mining 
permittee to:
A.  Establish compliance with applicable air quality standards and requirements 
through direct measurement of emissions and not by estimating emission 
concentrations; to conduct air emissions monitoring for the pollutants described in the 
State's ambient air quality standards laws and for other hazardous air pollutants 
specified in rule; to install and operate fenceline monitoring equipment for air 
emissions from any stack, flue, chimney, vent or other potential source of air pollution 
within a mining area; and to ensure the monitoring and measurement of fugitive air 
emissions within a mining area; and
B.  Provide proof of and maintain comprehensive general liability insurance for the 
mining operation for the same duration as financial assurance is required by law, which 
must provide sufficient coverage to address potential harm to members of the public 
located adjacent to or in proximity to mining areas or affected areas.
4.  The bill amends the provisions of the mining law regarding imminent endangerment 
to provide the department with authority to take action necessary to prevent an imminent 
and substantial endangerment to the public health or safety, environment or natural 
resources that a mining operation has the potential to cause or result in, regardless of 
whether a violation exists.