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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 502H.P. 331House of Representatives, February 11, 2025
An Act to Promote Clean and Affordable Maine-sourced Bioenergy
by Amending the Law Regarding Outdoor Wood Boilers and
Outdoor Pellet Boilers
Received by the Clerk of the House on February 6, 2025. Referred to the Committee on
Environment and Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant
to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative ARDELL of Monticello.
Cosponsored by Representatives: ALBERT of Madawaska, BLIER of Buxton, DAIGLE of
Fort Kent, PAUL of Winterport, PERKINS of Dover-Foxcroft, Senators: BERNARD of
Aroostook, HARRINGTON of York. Page 1 - 132LR1010(01)
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2 as enacted by PL 2009, c. 209, §4, is amended
3 to read:
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5 meeting a particulate matter emission limit of 0.06 0.32 pounds per million British Thermal
6 Units heat output is not subject to a setback requirement as long as it meets the stack height
7 requirements for an outdoor wood boiler meeting the emission standard in subsection 2 in
8 accordance with rules adopted by the department.
9 is enacted to read:
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11 pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375,
12 subchapter 2‑A.
13 A. Notwithstanding section 592-A, the rules must include a definition of "nuisance
14 condition" specifically relating to the operation of outdoor wood boilers.
15 B. The rules may not prohibit the emission of a smoke plume from an outdoor wood
16 boiler, regardless of whether such emission remains upon the property of the owner of
17 the outdoor wood boiler or crosses onto any adjacent land or buildings not owned by
18 the owner.
19 as enacted by PL 2007, c. 442, §2, is repealed.
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21 This bill amends the law regulating outdoor wood boilers, which include outdoor pellet
22 boilers, as follows.
23 1. It allows an outdoor wood boiler meeting a particulate matter emission limit of 0.32
24 pounds per million British Thermal Units heat output to be exempt from property setback
25 requirements as long as it meets applicable stack height requirements under Department of
26 Environmental Protection rules.
27 2. It prohibits the department from adopting rules applicable to outdoor wood boilers
28 that prohibit the emission of a smoke plume from an outdoor wood boiler, regardless of
29 whether such emission remains upon the property of the owner of the outdoor wood boiler
30 or crosses onto any adjacent land or buildings not owned by the owner.
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