LD 948
pg. 2
Page 1 of 6 An Act To Ensure Clean Air in Communities Affected by Privately Owned Incinerat... Page 3 of 6
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LR 1474
Item 1

 
2.__Lowest achievable emissions rate.__A privately owned
facility subject to the provisions of subsection 1 shall
employ devices, treatment and remediation to ensure that
emissions from the facility meet the lowest achievable
emissions rate.

 
Sec. 6. 38 MRSA §590-F is enacted to read:

 
§590-F.__Health and air quality assessment

 
1.__Mandatory testing.__Every 7 years, the department shall
conduct and complete a comprehensive health and air quality
assessment of an affected community adjacent to a privately
owned incineration facility.

 
2.__License.__The department may not issue a license under
section 590 to a privately owned facility operating an
incinerator to burn municipal solid waste, refuse-derived fuel
or special waste unless the department has certified that the
facility does not present or pose a verifiable health threat
to an affected community.

 
3.__Cost.__The cost of a health and air quality assessment
under this section is borne by the incineration facility.

 
4.__Manner of testing and review.__The department, in
cooperation with the Department of Human Services or any other
department or agency of the State the department considers
necessary, shall conduct the following review and testing:

 
A.__Analysis of medical and death records from care
providers, hospitals, cancer registries, institutions and
patients in affected communities to determine if illness
anomalies or patterns exist;

 
B.__Interviews with hospital administrators, care
providers and other similarly situated individuals to
gather additional verifiable data regarding community
health and risk factors;

 
C.__Air sampling within affected communities at certain
points for solids, particles, toxins, air pollutants and
air contaminants to determine if a risk of illness or
injury exists in such communities;

 
D.__Soil sampling within affected communities to determine
whether incinerators are emitting solids, particles,
toxins, air pollutants or air contaminants that pose a
risk of contamination;


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