An Act to Amend Provisions of the Maine Metallic Mineral Mining
Maine Legislature, Session 132, LD 1073
Sponsors: RANA, BEEBE-CENTER
Amends: 38 MRSA §490-M, 38 MRSA §490-O, 38 MRSA §490-Q, 38 MRSA §490-R, 38 MRSA §490-S, 38 MRSA §490-T

Legislative Document
No. 1073
H.P. 695
House of Representatives, March 18, 2025
An Act to Amend Provisions of the Maine Metallic Mineral Mining 
Act to Advance Health Equity and Improve the Well-being of 
Vulnerable Populations
Received by the Clerk of the House on March 14, 2025.  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 RANA of Bangor.
Cosponsored by Senator BEEBE-CENTER of Knox and
Representatives: ANKELES of Brunswick, BELL of Yarmouth, MILLIKEN of Blue Hill, 
OSHER of Orono, PLUECKER of Warren, WARREN of Scarborough, Senators: GROHOSKI 
of Hancock, TEPLER of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §490-MM, sub-§6-A is enacted to read:
6-A.  Fugitive emission.  "Fugitive emission" means an unintentional emission, 
leakage or discharge of liquids, solids or gases into the air, water or soil from 
pressure-containing equipment or facilities and components, including, but not limited to, 
valves, piping flanges, pumps, pipelines, transportation machinery, storage tanks, 
compressors, retention ponds and drainage systems.
Sec. 2.  38 MRSA §490-MM, sub-§10-B, as enacted by PL 2017, c. 142, §2, is 
amended to read:
10-B.  Mine waste.  "Mine waste" means all material, including, but not limited to, 
overburden, rock, lean ore, leached ore or tailings, that in the process of mining and, 
beneficiation, smelting or refining has been exposed or removed from the earth during 
advanced exploration and mining activities.
Sec. 3.  38 MRSA §490-MM, sub-§11, as amended by PL 2023, c. 398, §3, is 
further amended to read:
11.  Mining, mining operation or mining activity.  "Mining," "mining operation" or 
"mining activity" means activities, facilities or processes necessary for the extraction or 
removal of metallic minerals or overburden or for the preparation, washing, cleaning or 
other treatment of metallic minerals and includes the bulk sampling, advanced exploration, 
extraction or beneficiation of metallic minerals as well as activities and facilities for the 
smelting or refining of metallic minerals and waste storage and other stockpiles and 
reclamation activities, but does not include exploration or any of the following activities:
A.  The physical extraction, crushing, grinding, sorting, storage or heating of calcium 
carbonate or limestone to produce cement when such activity is subject to article 6, 
article 8‑A or Title 12, chapter 206‑A or when such activity covers one acre or less of 
surface area in total;
B.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
borrow, topsoil, clay or silt when such activity is subject to article 7 or Title 12, chapter 
206‑A or when such activity covers 5 acres or less of surface area in total;
C.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
gemstones, aggregate, dimension stone or other construction materials from a quarry 
that is subject to article 8‑A or Title 12, chapter 206‑A or when such activity covers 
one acre or less of surface area in total; and
D.  The exploration for or physical extraction, crushing, grinding, sorting or storage of 
any other metallic minerals when such activity has been excluded from the 
requirements of this article pursuant to a determination made by the department under 
section 490‑NN, subsection 4.
Sec. 4.  38 MRSA §490-MM, sub-§12, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
12.  Mining area.  "Mining area" means an area of land described in a permit 
application and approved by the department, including but not limited to land from which 
earth material is removed in connection with mining, the lands on which material from that 
mining is stored or deposited, the lands on which beneficiating or treatment facilities, 
including groundwater and surface water management treatment systems, are located, the 
lands on which smelting or refining facilities are located or the lands on which water 
reservoirs used in a mining operation are located.
Sec. 5.  38 MRSA §490-MM, sub-§17, as repealed and replaced by PL 2017, c. 
142, §3, is amended to read:
17.  Tailings impoundment.  "Tailings impoundment" means a surface area, contained 
by dikes or dams, on which is deposited the slurry of material that is separated from a 
metallic product in the beneficiation or, treatment, smelting or refining of minerals, 
including any surrounding dikes constructed to contain such material.  "Tailings 
impoundment" does not include a lined surface area on which dewatered tailings are 
stacked.
Sec. 6.  38 MRSA §490-OO, sub-§2, ¶B, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is amended to read:
B.  An environmental impact assessment for the proposed mining operation that 
describes the natural and artificial features, including, but not limited to, groundwater 
and surface water quality, flora, fauna, hydrology, geology and geochemistry and 
baseline conditions for those features in the proposed mining area and affected area 
that may be affected by the mining operation and the potential impacts on those features 
from the proposed mining operation.  The environmental impact assessment must 
define the mining area and the affected area and address, identify practicable 
alternatives to address impacts to the mining area and potential impacts to the affected 
area and identify the risk to flora and fauna in the mining area and affected area of 
biomagnification of toxic chemicals and heavy metals associated with the proposed 
mining operation. The department shall review the environmental impact assessment 
and may approve, reject or require modifications to the assessment;
Sec. 7.  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 identify practicable 
alternatives to address identified potential human health risks, accounting for specific 
risks to vulnerable populations, including, but not limited to, individuals who are 
pregnant, developing fetuses, children, individuals who are elderly and individuals 
whose subsistence or cultural practices are dependent upon the water, soil or 
environment that may be affected by the mining operation.  
The human health impact assessment must include a baseline health data evaluation 
that provides, for the population surrounding the proposed mining operation, the 
following public health data for the 2-year period prior to the submission of the 
application:
(1)  The number of premature births and instances of low birth weight;
(2)  The number of children diagnosed with or receiving services for autism 
spectrum disorder or intellectual disabilities;
(3)  The number of children receiving school-based special education services;
(4)  The number of individuals receiving benefits under the Supplemental Nutrition 
Assistance Program under Title 22, section 3104;
(5)  The number of children attending public schools and eligible for free or 
reduced-price meals pursuant to Title 20-A, section 6601-A;
(6)  The number of individuals diagnosed with or receiving treatment for asthma;
(7)  The number of individuals or households with incomes below the federal 
poverty level; and
(8)  The number of members of a federally recognized Indian tribe, nation or band 
in the State located within 30 miles of the proposed mining operation, or, if the 
proposed mining operation will involve on-site smelting or refining activities and 
facilities, within 125 miles of the proposed mining operation.
The human health impact assessment must include a human health risk exposure plan 
that will ensure that, every 2 years following the commencement of mining, the 
permittee will perform risk assessment modeling for human exposure to air emissions 
from the mining operation, consistent with the human exposure model established by 
the United States Environmental Protection Agency, with the results of such modeling 
to be provided to the department.
The department shall review the human health impact assessment and may approve, 
reject or require modifications to the assessment;
Sec. 8.  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. 9.  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. 10.  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. 11.  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, national and state 
parks, elder care facilities, community gardens, churches, locations considered sacred 
by federally recognized Indian tribes, nations or bands in the State, water bodies and 
wildlife refuges.
Sec. 12.  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. 13.  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, 
wildfires and other fires, earthquakes, droughts, tidal waves, floods, explosions, 
subsidence and other earthwork failure, and for the implementation of climate 
adaptation measures in accordance with rules adopted by the department.
Sec. 14.  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. 15.  38 MRSA §490-QQ, sub-§3, ¶D is enacted to read:
D.  For a mining operation involving on-site smelting or refining activities or facilities, 
if the mine waste or other materials resulting from those activities or facilities are 
removed from the mining area for off-site storage or disposal, the department shall 
require the permittee to conduct post-closure monitoring of groundwater consistent 
with this subsection, or otherwise ensure that such monitoring is conducted, at any 
location at which the mine waste or other materials are stored or disposed of.
Sec. 16.  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 comply with applicable air quality standards and requirements 
through direct measurement of emissions and not by estimating emissions 
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, hydrogen sulfides, 
perfluoroalkyl and polyfluoroalkyl substances as defined in Title 32, section 1732, 
subsection 5-A, 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 
emissions to the air within a mining area, including, but not limited to, fugitive 
emissions from vehicles and other equipment operated or used within the mining area.
C.  The permittee shall conduct, on a schedule and in a manner directed by the 
department, air emissions dispersion modeling for air emissions generated by 
beneficiation, smelting and refining activities and facilities within 125 miles of the 
mining area.
Sec. 17.  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, including mine waste and tailings 
resulting from smelting or refining activities or facilities that are removed from the 
mining area and stored or disposed of off-site, 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. 18.  38 MRSA §490-RR, sub-§6 is enacted to read:
6.  Insurance requirement.  In accordance with rules adopted by the department, a 
permittee shall 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. 19.  38 MRSA §490-SS, sub-§2, as enacted by PL 2011, c. 653, §23 and 
affected by §33, is repealed and the following enacted in its place:
2.  Notification requirement.  A permittee shall promptly provide the department and 
each municipality in which the mining area and the affected area are located, or, in the 
unorganized territory, the county commissioners for each county in which the mining area 
and the affected area are located: 
A.  Information regarding any incident, act of nature or exceedance of a permit standard 
or condition related to the mining operation that has created, or may create, a threat to 
the environment, natural resources or public health and safety, including, but not 
limited to, information regarding all emissions, including fugitive emissions, to the 
affected area resulting from the mining operation;
B.  Material safety data for all chemicals and substances used in the mining operation; 
and
C.  The results of any study or modeling conducted by the permittee or otherwise 
available to the permittee regarding the mining operation, including, but not limited to, 
human health impact assessments and human exposure modeling pursuant to section 
490-OO, subsection 2, paragraph B-1 and evaluations of air, soil or water within the 
mining area or affected area.
At the request of the legislative body of a municipality, or the county commissioners for a 
mining area or affected area in the unorganized territory, a permittee that has provided the 
municipality or county commissioners with information pursuant to this subsection shall 
attend one or more public meetings within the municipality or at a location directed by the 
county commissioners to provide additional information on the matter to members of the 
public located adjacent to or in proximity to mining areas or affected areas.
Sec. 20.  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 provides a number of amendments to the Maine Metallic Mineral Mining Act, 
including the following.
1.  In addition to other requirements provided under current law, 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 and to particularly vulnerable populations.  The assessment must 
include a baseline health data evaluation for the population surrounding the mining 
operation;
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 under current law, 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, national and state parks, elder care facilities, community gardens, 
churches, locations considered sacred by federally recognized Indian tribes, nations or 
bands in the State, water bodies and wildlife refuges.
3.  In addition to other requirements provided under current law, the bill requires a 
mining permittee to:
A.  Comply with applicable air quality standards and requirements through direct 
measurement of emissions and not by estimating emissions 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 emissions to the air 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.
5.  The bill amends certain definitions within the mining law and makes other 
associated changes to the mining law to provide for the regulation of smelting or refining 
activities and facilities that are part of the mining operation.  If a mining operation involves 
on-site smelting or refining activities or facilities, if mine waste or other materials resulting 
from those activities is removed for off-site storage or disposal, the permittee must conduct 
post-closure groundwater monitoring at any location where the mine waste or other 
materials are stored or disposed.
6.  The bill amends permittee notification requirements to require the provision of 
information to communities surrounding a mining operation regarding air emissions and 
other fugitive emissions, material safety data for all chemicals and substances used in the 
mining operation and the results of studies or modeling regarding the mining operation.  At 
the request of a surrounding community that receives such information, the permittee must 
attend a public meeting to provide additional information.