| | 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. |
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| | Sec. 6. 38 MRSA §590-F is enacted to read: |
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| §590-F.__Health and air quality assessment |
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| | 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. |
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| | 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. |
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| | 3.__Cost.__The cost of a health and air quality assessment | under this section is borne by the incineration facility. |
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| | 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: |
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| 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; |
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| B.__Interviews with hospital administrators, care | providers and other similarly situated individuals to | gather additional verifiable data regarding community | health and risk factors; |
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| 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; |
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| 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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