Title 38, Title 38

The commissioner shall establish and maintain at appropriate locations employees and equipment that, in the commissioner's judgment, are necessary to carry out this subchapter. The commissioner, subject to the Civil Service Law, may employ personnel necessary to carry out the pur…

1. Definition. 2. Prohibition. After July 1, 1995, a person may not operate an aboveground oil storage facility that has underground piping not constructed of cathodically protected steel, fiberglass or other noncorrosive material approved by the department. 3. Underground piping…

This section establishes a budget process for expenses of the State Fire Marshal and the Clean-up and Response Fund Review Board. [PL 2015, c. 319, §39 (AMD).] 1. Clean-up and Response Fund Review Board. The chair of the Clean-up and Response Fund Review Board shall submit budget…

Except as provided in this section, a person may not add water to a well. Water may be added to a well by: [PL 2001, c. 626, §15 (NEW).] 1. Licensed well driller. A well driller licensed under Title 32, chapter 69‑C using water that is in conformance with rules adopted under that…

The department may adopt rules regulating wastewater treatment tank systems, including oil-water separators and catch basins, that meet the definition of "underground oil storage tank," except that this section does not apply to: [PL 2017, c. 333, §11 (NEW).] 1. Oil-water separat…

1. Prohibition. A person may not: A. Intentionally or knowingly poison, defile or in any way corrupt the water of any well, spring, brook, lake, pond, river or reservoir used for domestic drinking purposes; [PL 2009, c. 550, §9 (NEW).] B. Knowingly corrupt the sources of any publ…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 237, §1 (NEW).] 1. Greenhouse gas. "Greenhouse gas" means any chemical or physical substance that is emitted into the air and that the department determi…

The department shall establish a lead-by-example initiative under which the department shall: [PL 2003, c. 237, §1 (NEW).] 1. Greenhouse gas emissions inventory for state-owned facilities and state-funded programs. Create an inventory of greenhouse gas emissions associated with s…

1. 2030 annual emissions level. By January 1, 2030, the State shall reduce gross annual greenhouse gas emissions to at least 45% below the 1990 gross annual greenhouse gas emissions level. 2. Interim emissions level. By January 1, 2040, the gross annual greenhouse gas emissions l…

By July 1, 2004, the department, with input from stakeholders, shall adopt a state climate action plan to meet reduction goals for greenhouse gas emissions. The action plan must address reduction in each sector in cost-effective ways and must allow sustainably managed forestry, a…

The Maine Climate Council, referred to in this section as "the council," is created to advise the Governor and Legislature on ways to mitigate the causes of, prepare for and adapt to the consequences of climate change. [PL 2019, c. 476, §9 (NEW).] 1. Membership. The council's mem…

The department, in consultation with the Maine Climate Council, established under section 577‑A, shall evaluate the State's progress toward meeting the reductions specified in section 576‑A and progress toward implementing the climate action plan in section 577. The department, a…

The department may participate in the regional greenhouse gas initiative under chapter 3‑B. The commissioner or the commissioner's designee and the Commissioner of Energy Resources or the commissioner's designee are authorized to act as representatives for the State in the region…

This chapter may be known and cited as "the Regional Greenhouse Gas Initiative Act of 2007."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 317, §17 (NEW).] 1. Allocation. "Allocation" means the number of carbon dioxide allowances to be credited to a carbon dioxide budget unit or to the gener…

A carbon dioxide cap-and-trade program, referred to in this section as "the program," is established in accordance with this section. [PL 2007, c. 317, §17 (NEW).] 1. Application. All carbon dioxide budget units are subject to the carbon dioxide cap-and-trade program, except that…

Nothing in this chapter may be construed to limit: [PL 2007, c. 317, §17 (NEW).] 1. Withdrawal by State. The ability of this State to withdraw from the regional greenhouse gas initiative; or 2. Categories of carbon dioxide emissions offset projects. The categories of carbon dioxi…

The Legislature finds and declares that air pollution exists with varying degrees of severity within this State; that such air pollution is potentially and in some cases actually dangerous to the health of the citizenry, often causes physical discomfort, injury to property and pr…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 546, §11 (AMD).] 1. Air contaminants. "Air contaminants" includes, but is not limited to, dust, fumes, gas, mist, particulate matter, smoke, vapor or any…

The board may establish reasonable air quality regions within the State for the purposes of conducting air quality studies, and establishing reasonable ambient air quality standards and emission standards therein. [PL 1975, c. 618, §12 (AMD).] The following air quality regions, e…

The air quality regions set forth in section 583 or portions thereof are classified as follows: [PL 1979, c. 381, §6 (NEW).] 1. Class I. Class I: A. Those federal lands which have been established as mandatory Class I areas by the Federal Clean Air Act: Acadia National Park locat…

The board may recommend to the Legislature reasonable standards, in this chapter called "ambient air quality standards," within a reasonable air quality region regulating and limiting the amount and types of air contaminants which may exist in the ambient air of the region. The s…

For purposes of statutory interpretation, rules, licensing determinations, policy guidance and all other actions by the department or the board, any reference to an ambient air quality standard is interpreted to refer to the national ambient air quality standard established pursu…

In addition to the ambient air quality standards set forth in section 584‑A, any Class I region or part thereof within the State, including those federal lands designated by the Federal Clean Air Act Amendments of 1977, is subject to a maximum allowable increase in concentration …

In addition to the ambient air quality standards set forth in section 584‑A, any Class II region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter, sulfur dioxide and nitrogen oxides over the baseline concentration …

In addition to the ambient air quality standards set forth in section 584‑A, any Class III region or part thereof within the State is subject to a maximum allowable increase in concentration of particulate matter , sulfur dioxide and nitrogen oxide over the baseline concentration…

1. Exclusions from applicable increments. The following concentrations shall be excluded in determining compliance with applicable increments: A. Concentrations of such pollutant attributable to the increase in emissions from stationary sources which have converted from the use o…

1. Dissemination of warnings to media and public. Whenever the department predicts that ambient air concentrations of a pollutant will reach the United States Environmental Protection Agency's Air Quality Index category of Unhealthy for Sensitive Groups or a higher category, the …

The board may establish and may amend standards, herein called "emission standards", limiting and regulating in a just and equitable manner the amount and type of air contaminants which may be emitted to the ambient air within a region. Such emission standards shall be designed t…

The board may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent air pollution. [PL 1989,…

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 emit…

1. Findings and purpose. The Legislature finds that advancing scientific knowledge increasingly demonstrates that many air pollutants may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness …

Subject to the provisions of this section, the board may adopt and enforce standards that meet the requirements of the federal Clean Air Act, Section 177, 42 United States Code, Section 7507 relating to control of emissions from new motor vehicles or new motor vehicle engines. Th…

The board may adopt rules to implement a motor vehicle emissions labeling program for all new vehicles sold within the State in order to educate the public about the types and amounts of motor vehicle emissions. Rules adopted pursuant to this section are routine technical rules u…

The department shall submit to the United States Environmental Protection Agency a revision to the state implementation plan, required in the federal Clean Air Act, Section 110, 42 United States Code, Section 7410, that incorporates the motor vehicle inspection program under Titl…

The following provisions apply to the sale of MTBE in the State. [PL 2003, c. 638, §4 (NEW).] 1. Definition. For purposes of this section, "MTBE" means the gasoline oxygenate methyl tertiary butyl ether. 2. Prohibition on sale. Beginning January 1, 2007, a person may not sell, of…

1. Manufactured on or after January 1, 2006. A person may not manufacture, blend or repackage for sale within the State, supply, sell or offer for sale within the State or solicit for application or apply within the State, any architectural or industrial maintenance coating manuf…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Coal gasification facility" means a facility that uses a process other than the biological degradation of waste to convert coal or coal-derived ma…

1. Applicability. This section applies to: A. Commercial motor vehicles, as defined in 49 Code of Federal Regulations, Section 390.5 (2007), and commercial motor vehicles used on a highway in intrastate commerce; [RR 2007, c. 2, §26 (RAL).] B. Locations where commercial motor veh…

1. Prohibition on sale. A person may not sell or offer for sale gasoline that contains corn-based ethanol as an additive at a level greater than 10% by volume. 2. Effective date. This section does not take effect until at least 2 of the 6 New England states in addition to this St…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Dealer" means a person engaged in the business of buying, selling, exchanging or offering to negotiate, negotiating or advertising the sale, lease…

Any person who owns or is in control of any source for which an air emission license was granted and construction was commenced prior to January 6, 1975, or a source other than a new or modified major stationary source for which an air emission license is granted after January 6,…

The commissioner may require the registration of persons or air contamination sources, of a type the board may by rule prescribe, engaged in activities that emit air contaminants and may also require persons operating stationary air contamination sources to install, maintain and …

When the department issues a notice of violation for a violation of this chapter pursuant to section 347‑A or receives an air quality-related notice of violation from the United States Environmental Protection Agency, the department shall provide notice of that violation to each …

1. License required; rules. After ambient air quality standards and emission standards have been established within a region, the board may by rule provide that a person may not operate, maintain or modify in that region any air contamination source or emit any air contaminants i…

The term of air emission licenses is 10 years, except that the term of licenses for air contaminant sources subject to the state permitting provisions of 40 Code of Federal Regulations, Part 70 is 5 years and licenses issued pursuant to rules adopted pursuant to section 580‑B, su…