38 M.R.S. § 585-B Hazardous Air Pollutant Standards

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 38 M.R.S. § 585-B

1.Standards. The board may establish and amend emission standards for hazardous air pollutants, and regulations to implement these standards. If emission standards are not feasible, the board may adopt design, equipment, work practice or operational standards for activities emitting hazardous pollutants.

[ 1989, c. 144, § 5 (AMD) .]

2.Procedure. All standards and regulations under this section shall be adopted in conformance with the Maine Administrative Procedure Act, Title 5, chapter 375, except as provided in this section. Prior to the establishment or amendment of these standards and regulations, the board shall conduct a public hearing to receive testimony on:

A. Any health risk assessment on the pollutants proposed to be controlled that has been conducted by the Department of Health and Human Services; [ 1983, c. 535, § 2 (NEW) ; 2003, c. 689, Pt. B, §6 (REV) .]

B. The extent to which the public is exposed to the pollutant; [ 1983, c. 535, § 2 (NEW) .]

C. The availability, effectiveness and cost of any air pollution control apparatus designed to prevent or control the emissions of hazardous pollutants; and [ 1983, c. 535, § 2 (NEW) .]

D. Any other information that would assist the board in establishing standards adequate to protect the public health and safety. [ 1983, c. 535, § 2 (NEW) .]

[ 1983, c. 535, § 2 (NEW) ; 2003, c. 689, Pt. B, §6 (REV) .]

3.Relation to ambient standards. The board may control hazardous air pollutants if no ambient air quality standards have been established for those pollutants.

[ 1989, c. 144, § 5 (AMD) .]

4.Legislative review.

[ 1989, c. 144, § 6 (RP) .]

5. Standards for mercury. Notwithstanding subsection 1, an air emission source may not emit mercury in excess of 45.4 kilograms, or 100 pounds, per year after January 1, 2000; 22.7 kilograms, or 50 pounds, per year after January 1, 2004; 15.9 kilograms, or 35 pounds, after January 1, 2007; and 11.4 kilograms, or 25 pounds, after January 1, 2010. As an alternative to not emitting mercury in excess of 11.4 kilograms, or 25 pounds, after January 1, 2010, an air emission source may reduce mercury emissions by 90 percent by weight after January 1, 2010. Compliance with these limits must be specified in the license of the air emission source. The [board] department shall establish by rule testing protocols and measurement methods for emissions sources for which the [board] department has not established such protocols and methods for determining compliance with the emission standard for mercury. These rules are routine technical rules under Title 5, chapter 375, subchapter 2-A.