Whereas, testing for mercury is not specifically included in current law requiring testing of incineration facilities for the emission of dioxin and heavy metals; and

Whereas, this bill establishes mercury discharge limits for incineration facilities burning municipal waste, limits that are necessary for the health of Maine citizens;

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 38 MRSA §590-B, sub-§§1 and 2, as amended by PL 1989, c. 890, Pt. B, §165 and affected by Pt. A, §40, are further amended to read:

1. Testing; first 2 years of commercial operation. Testing is required at each resource recovery facility burning municipal solid waste at least once in every 6-month period during the first 2 years of commercial operation for the presence of dioxin and heavy metals, including, but not limited to, lead, mercury, cadmium and chromium in the emissions of the facility. The cost of these tests must be paid by the applicant or permittee.

2. Testing after first 2 years of licensure. After the facility has been in operation and licensed for 2 years, testing is required for dioxin and heavy metals, including, but not limited to, lead, mercury, cadmium and chromium in the emissions of the facility at a frequency determined by the board by rule, but in no event may such testing occur less frequently than annually. The cost of these tests must be paid by the applicant or permittee.

A. The rules adopted by the board under this section establish a system of monitoring the overall air emission performance of resource recovery facilities employing surrogate measures of combustion efficiency and other parameters that, in the judgment of the board, may affect the creation of dioxin emissions and the emission of heavy metals. The board shall provide for minimum acceptable operating conditions as indicated by the surrogate measures. Failure to achieve and maintain these conditions