When the state Legislature passed L.D. 163 in June 2021, the people of South Portland and other communities surrounding petroleum tank farms breathed a sigh of relief.

The bill requires twice-a-year actual testing and continuous fenceline monitoring of the toxic chemicals in the emissions so we would know if the air is safe for us to breathe. It was alarming to learn from a 2021 Inside Climate News article that two of the tank farm companies were found to be in significant violation of their permits when actual testing of emissions had been done in 2012 and 2013. But it’s not over.

L.D. 163 is now going through the rulemaking process, with the Department of Environmental Protection submitting draft rules to the Board of Environmental Protection, which then go to the Environment and Natural Resources Committee before being voted on by the full Legislature.

Many important issues are being addressed in the Legislature this session, and there’s a concern that the rulemaking on L.D. 163 will be held over until the next legislative session, which will not be completed until June 2023. As things stand now, the testing and fenceline monitoring will not even begin until nine to 18 months after the rulemaking process is completed.

We appeal to the DEP, the BEP, the Environment and Natural Resources Committee and the Legislature to find a way for the rulemaking on L.D. 163 to be completed in the current legislative session. It is crucial to ensure that the air is safe for all of us to breathe. Our health depends on it.

Roberta Zuckerman
South Portland