Sec. 1. 38 MRSA §582, sub-§2-A is enacted to read:

2-A.__Air pollutants.__"Air pollutants" includes, but is not limited to, polychlorinated dioxins, furans, biphenyls, polynuclear aromatic hydrocarbons, volatile organic compounds and hazardous metals such as arsenic, beryllium, cadmium, chromium, lead, nickel and mercury, whether or not such substances are also considered hazardous air pollutants.

Sec. 2. 38 MRSA §582, sub-§7-E, as amended by PL 1991, c. 220, §1, is further amended to read:

7-E. Incinerator. "Incinerator" means any device, apparatus or equipment used for destroying, reducing or salvaging by fire any material or substance, but does not include any device, apparatus or equipment used to burn material-separated, including solid waste, municipal solid waste, special waste and refuse-derived fuel.

Sec. 3. 38 MRSA §582, sub-§9-E is enacted to read:

9-E.__Privately owned.__"Privately owned" means 50% or more of the ownership interests of the given entity are possessed or controlled by nongovernmental entities.

Sec. 4. 38 MRSA §582, sub-§11-B, as amended by PL 1991, c. 220, §4, is further amended to read:

11-B. Solid waste fuel-burning equipment. "Solid waste fuel-burning equipment" means any furnace, boiler or apparatus, and all appurtenances thereto, capable of burning solid waste fuel for the primary purpose of producing thermal energy. Equipment used to burn or capable of burning material-separated, refuse-derived fuel either alone or with another fuel other than solid waste fuel or refuse-derived fuel as defined in section 1303-C is not solid waste fuel- burning equipment.

Sec. 5. 38 MRSA §585-I is enacted to read:

§585-I.__Air pollutant monitoring and emission control

1.__Continuous emissions monitoring.__A privately owned facility operating an incinerator shall install equipment, in consultation with the department, that will operate continuously on a 24-hour basis without interruption to monitor all air pollutants and is capable of recording daily testing for later review and analysis.