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.

Statutes affected:
Bill Text LD 1073, HP 695: 38.490