130th MAINE LEGISLATURE
FIRST SPECIAL SESSION-2021
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.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 38 MRSA §352, sub-§5-A, as amended by PL 2019, c. 374, §1 and c. 526,
3 §2, is further amended to read:
4 5-A. Accounting system. In order to determine the extent to which the functions set
5 out in this section are necessary for the licensing process or are being performed in an
6 efficient and expeditious manner, the commissioner shall require that all employees of the
7 department involved in any aspect of these functions keep accurate and regular daily time
8 records. These records must describe the matters worked on, services performed and the
9 amount of time devoted to those matters and services, as well as amounts of money
10 expended in performing those functions. Records must be kept for a sufficient duration of
11 time as determined by the commissioner to establish to the commissioner's satisfaction that
12 the fees are appropriate.
13 TABLE I
14
15 MAXIMUM FEES IN DOLLARS
16
17 TITLE 36 SECTION PROCESSING CERTIFICATION
18 FEE FEE
19
20 656, sub-§1, ¶E, Pollution Control Facilities
21 A. Water pollution control facilities with $250 $20
22 capacities at least 4,000 gallons of waste per
23 day and §1760, sub-§29, water pollution
24 control facilities
25 B. Air pollution control and §1760, sub-§30, 250 20
26 air pollution control facilities
27
17
28 TITLE 38 SECTION PROCESSING FEE LICENSE FEE
29
30 344, sub-§7, Permit by rule $250 $0
31 413, Waste discharge licenses See section 353-B
32 420-D, Storm water management
33 A. If structural means of storm $400 for the first acre of $100 for the first acre
34 water control are used disturbed area, plus $200 for of disturbed area, plus
35 each additional whole acre $50 for each additional
36 of disturbed area whole acre of disturbed
37 area
38 B. If solely vegetative means of $200 for the first acre of $50 for the first acre of
39 storm water control are used disturbed area, plus $100 for disturbed area, plus $25
40 each additional whole acre for each additional
41 of disturbed area whole acre of disturbed
42 area
43 C. When a permit by rule is $55 none
44 required
Page 1 - 130LR0840(01)
 1 If a project described in paragraph A or B is reviewed and approved by a professional
2 engineer at a soil and water conservation district office that has a memorandum of
3 understanding with the department concerning review of projects pursuant to this
4 section, the total applicable fee is reduced to a processing fee of $100 for the first acre
5 of disturbed area, plus a license fee of $50 for each additional whole acre of disturbed
6 area.
7 480-E, Natural resources
8 protection
9 A. Any alteration of a protected 140 50
10 natural resource, except coastal
11 wetlands and coastal sand
12 dunes, causing less than 20,000
13 square feet of alteration of the
14 resource
15 B. Any alteration of a coastal 240 60
16 wetland causing less than
17 20,000 square feet of alteration
18 of the resource
19 C. Any alteration of a protected .015/sq. ft. alteration .005/sq. ft. alteration
20 natural resource, except coastal
21 sand dunes, causing 20,000
22 square feet or more of alteration
23 of the resource
24 C-1. Significant groundwater 4,577 1,961
25 well
26 C-2. Activity within a 183 64
27 community public water supply
28 primary protection area
29 D. Any alteration of a coastal 3,500 1,500
30 sand dune
31 E. Condition compliance 84 0
32 F. Minor modification 184 0
33 485-A, Site location of
34 development
35 A. Residential subdivisions
36 1. Affordable housing 50/lot 50/lot
37 2. On public water and sewers 175/lot 175/lot
38 3. All Other 250/lot 250/lot
39 B. Industrial parks 460/lot 460/lot
40 C. Mining 1,500 1,000
41 D. Structures 4,000 2,000
42 E. Other 1,000 1,000
43 543, Oily waste discharge 40 160
44 560, Vessels at anchorage 125 100
45 587, Ambient air quality or 5,050 50
46 emissions standards variances
47 590, Air emissions licenses See section 353-A
48 633, Hydropower projects
Page 2 - 130LR0840(01)
 1 A. New or expanded generating 450/MW 50/MW
2 capacity
3 B. Maintenance and repair or 150 150
4 other structural alterations not
5 involving an increase in
6 generating capacity
7 33 United States Code, Chapter
8 26, Water Quality Certifications,
9 in conjunction with applications
10 for hydropower project licensing
11 or relicensing
12 A. Initial consultation 1,000 0
13 B. Second consultation 1,000 0
14 C. Application
15 1. Storage 1,000 0
16 2. Generating 300/MW 50/MW
17 1304, Waste management
18 A. Septage disposal
19 1. Site designation 50 25
20 B. Land application of sludges
21 and residuals program approval
22 1. Industrial sludge 400 400
23 2. Municipal sludge 300 275
24 3. Bioash 300 275
25 4. Wood ash 300 75
26 5. Food waste 300 75
27 6. Other residuals 300 175
28 C. Landfill
29 1. Closing plans for secure 1,500 1,500
30 landfills
31 2. Closing plans for 500 500
32 attenuation landfills
33 3. Post-closure report 175 175
34 4. Preliminary information 175 175
35 reports
36 5. License transfers 500 175
37 6. Special waste disposal
38 a. One-time disposal of 50 50
39 quantities of 6 cubic yards
40 or less
41 b. One-time disposal of 100 100
42 quantities greater than 6
43 cubic yards
44 c. Program approval for 300 300
45 routine disposal of a
46 special waste
47 7. Minor revision for secure 600 100
48 landfills
Page 3 - 130LR0840(01)
 1 8. Minor revision for 100 100
2 attenuation landfills
3 9. Public benefit 175 175
4 determination
5 D. Incineration facility
6 2. License transfer 175 175
7 E. License transfer other than 100 100
8 for landfills and incinerators
9 F. Minor revision for septage 100 100
10 facilities and solid waste
11 facilities other than landfills
12 G. Permit by rule for one-time 100 100
13 activities
141 TABLE II
15
16 WASTE MANAGEMENT FEES - ANNUAL LICENSE
17
18 MAXIMUM FEES IN DOLLARS
19
20 TITLE 38 SECTION PROCESSING ANNUAL
21 FEE LICENSE FEE
22 1278, Asbestos abatement
23 A. Asbestos abatement contractor $0 $650
24 B. Asbestos abatement worker 0 50
25 C. Asbestos consultant 0 650
26 D. Asbestos analytical laboratory 0 400
27 E. Training provider 0 500
28 F. Other categories of asbestos professionals 0 100
29 except asbestos abatement workers
30 G. Notification
31 1. Project size greater than 100 square feet or 100 0
32 100 linear feet and less than 500 square feet or
33 2,500 linear feet
34 2. Project size 500 square feet or 2,500 linear 150 0
35 feet, or greater, and less than 1,000 square feet
36 or 5,000 linear feet
37 3. Project size 1,000 square feet or 5,000 linear 300 0
38 feet, or greater
39 1304, Waste management
40 A. Septage disposal
41 1. Landspreading $550 $250
42 2. Storage 50 75
43 B. Residuals compost facility
44 1. Type I 150 150
Page 4 - 130LR0840(01)
 1 3. Type II and Type III less than 3,500 cubic 700 500
2 yards
3 5. Type II and Type III 3,500 cubic yards or 1,400 850
4 greater
5 C. Land application of sludges and residuals
6 1. Sites with program approval
7 a. Industrial sludge 150 250
8 b. Municipal sludge 75 200
9 c. Bioash 75 200
10 d. Wood ash 50 125
11 e. Food waste 50 125
12 f. Other residuals 50 125
13 2. Sites without program approval
14 a. Industrial sludge 300 550
15 b. Municipal sludge 150 250
16 c. Bioash 150 250
17 d. Wood ash 75 200
18 e. Food waste 75 200
19 f. Other 75 200
20 1310-N, Solid waste facility siting
21 A. Landfill
22 1. Existing, nonsecure municipal solid waste 3,500 1,000
23 landfills accepting waste from fewer than
24 15,000 people
25 2. Existing, nonsecure municipal solid waste 3,500 3,500
26 landfills accepting waste from more than
27 15,000 people
28 3. New or expanded for secure landfill 5,000 8,500
29 5. Nonsecure wood waste or demolition debris 700 750
30 landfills, or both, if less than or equal to 6 acres
31 B. Incineration facilities
32 1. New or expanded for the acceptance of 3,500 5,000
33 municipal or special wastes, or both
34 2. Municipally owned and operated solid waste 3,500 1,000
35 incinerators with licensed capacity of 10 tons
36 per day or less
37 C. Transfer station and storage facility 750 175
38 D. Tire storage facility 400 450
39 F. Processing facility other than municipal solid 700 700
40 waste composting
41 G. Beneficial use activities other than agronomic
42 utilization
43 3. Fuel substitution 700 500
44 4. Beneficial use without risk assessment 700 200
45 5. Beneficial use with risk assessment 1,400 500
46 H. Permit by rule for ongoing activities 100 100
47 3109, Redemption centers 0 100
Page 5 - 130LR0840(01)
1 Sec. 2. 38 MRSA §587, as amended by PL 1989, c. 878, Pt. A, §115; c. 890, Pt. A,
2 §40; and Pt. B §§161 and 162, is repealed.
3 Sec. 3. 38 MRSA §589, sub-§1, ¶B, as enacted by PL 1991, c. 384, §9 and affected
4 by §16, is repealed.
5 Sec. 4. 38 MRSA §589-B is enacted to read:
6 §589-B. Civil penalties
7 Notwithstanding section 349, subsection 2, a person licensed or required to be licensed
8 under section 590 who violates any applicable air quality or emissions standard under this
9 chapter or the rules adopted pursuant to this chapter is subject to a civil penalty, payable to
10 the State, of not less than $25,000 and not more than $100,000 for each day of that
11 violation. The State must transfer any civil penalty recovered under this subsection to the
12 municipality where the violation occurred. This penalty is recoverable in a civil action.
13 Sec. 5. 38 MRSA §590, sub-§2, as enacted by PL 1991, c. 658, §1, is amended to
14 read:
15 2. Applications. Applications for air emission licenses must be made in a form
16 prescribed by the commissioner and contain the information related to the proposed air
17 contamination source and emission of air contaminants required by rule of the board and a
18 plan that outlines the steps that will be taken by the applicant to protect the public health
19 of the community. The department shall review and approve or require modifications to
20 the plan submitted under this section in consultation with the Department of Health and
21 Human Services, Maine Center for Disease Control and Prevention. All hearings under
22 this section must be held in a municipality within the region where the proposed emission
23 is to be located. At this hearing, the department shall solicit and receive testimony
24 concerning the nature of the proposed emissions; their effect on existing ambient air quality
25 standards within the region; the availability and effectiveness of air pollution control
26 apparatus designed to maintain the emission for which a license is sought at the levels
27 required by law; and the expense of purchasing and installing this apparatus. The
28 department shall grant the license and may impose appropriate and reasonable conditions
29 as necessary to secure compliance with ambient air quality standards if the department finds
30 that the proposed emission will:
31 A. Receive The proposed e