F.__Review of continuous emissions monitoring reports under section 585-I, subsection 1.

5.__Results.__The department shall furnish its findings under subsection 4 to the privately owned facility operating an incinerator, the public and each affected community prior to the holding of a public hearing on a health and air quality assessment.__At the public hearing, the department shall take advice and comment on whether additional testing is needed, whether any threats to health have been identified and additional licensing limitations to protect the public.__A hearing may not be later than 60 days following the issuance of the department's findings.

6.__Verifiable health threat.__If, after a health and air quality assessment and any follow-up assessment testing, the department concludes there exists a verifiable health threat to an affected community, the department shall recommend to the board to suspend or revoke the license of the incineration facility until the threat is eliminated.

7.__Rules.__The department shall adopt rules to carry out the purposes of this section.__Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 7. 38 MRSA §597, as enacted by PL 1969, c. 474, §1, is amended to read:

§597. Municipal air pollution control

Nothing in this chapter shall may be construed as a preemption of the field of air pollution study and control on the part of the State. Municipalities may study air pollution and adopt and enforce air pollution control and abatement ordinances, to the extent that these ordinances are not less more stringent than this chapter or than any standard, order or other action promulgated adopted pursuant to this chapter. Local ordinance provisions which touch on matters not dealt with by this chapter or which are more stringent than this chapter shall bind persons residing in the municipality. Notwithstanding this section, a local ordinance regulating air emissions in force and effect on December 31, 2002 is not preempted by this section if the ordinance is not less stringent than the state standard.