An Act to End Fugitive Coal Dust

Summary: 

An Act to End Fugitive Coal Dust seeks to protect public health, safety and property in Portland by eliminating coal dust by (1) requiring that any delivery, handling and storage of more than 1 ton of coal must occur under a permanent covering starting January 1, 2027, and (2) prohibiting the delivery, handling and storage of more than 1 ton of coal in the City of Portland after January 1, 2030.  The covering must meet industry standards and best management practices to contain emissions of fugitive coal dust in a safe and effective manner.  Any individual or entity who fails to comply with this ordinance after January 1, 2027 is subject to a monthly fine of $3 per ton for every ton over 1 ton of coal that is delivered, handled and or stored in violation of this ordinance.  Fines collected will be deposited into the Portland Climate Action Fund to support the One Climate Future initiative.

ARTICLE XIII: Ending Fugitive Coal Dust

Sec 17-140: Purpose:

The purpose of this article is to protect the citizens of the City of Portland from the public health threat of fugitive coal dust.  

Industrial-scale coal storage is dangerous.  45,000 tons of coal are delivered, handled and stored in open-air piles along the Portland waterfront every year.   This open-air coal pile sits within 1 mile of 3 schools and 3 health centers.  Buildings located near the open-air coal piles are covered in visible layers of dangerous fugitive coal dust.  Coal dust exposure is linked to increased rates of cancers as well as lung and heart disease.  The economic harm to public health and property from open air coal piles is substantial.  Estimates suggest that coal deliveries, handling and storage on Portland’s waterfront results in approximately $11,000,000 in health and property damages annually ($20 per month per ton delivered).  Despite the absence of any public coal-fired power plants in Maine, these local costs persist.  There are no local, state or federal laws regulating fugitive coal dust to effectively protect our community from exposure to these risks and damages.  This ordinance limits the risks of fugitive coal dust by requiring a permanent covering and ultimately prohibiting coal delivery, handling and storage.

Sec 17-141: Definitions

For the purposes of this Article, the following terms have the following meanings:

Coal: Any sedimentary deposit of mined carbon-based fuel and including anthracite, bituminous, subbituminous and lignite coal. 

1 Ton of coal: A pile of coal with a weight of 2,000 pounds, or a short ton.  With respect to volumetric estimates for the coal: 1 ton of coal represents 1/2,000th of an acre-foot of anthracite, 1/1800th of an acre-foot of bituminous, 1/1,770th of an acre-foot of subbituminous and 1/1,750th of an acre-foot of lignite coal where 1 acre = 43,560 feet2 and 1 foot3 of water = 62.6 pounds.  

Delivery: Transportation by means of marine vessel, truck, trailer or rail from an outside source to the destination within Portland, Maine.

Handling: Manipulating a coal pile by truck, tractor, or shovel, including driving on a coal pile, moving the coal, depositing the coal for delivery, transferring the coal and treating the coal with natural or synthetic materials or liquids.  Handling also includes moving coal from one place to another including, but not limited to, dropping it by shovel from a marine vessel or pile into a hopper, truck, or open train car. 

Storage: Maintaining a pile of coal in place for greater than 1 day’s duration.

City of Portland: All of the land within the boundaries of the City, including, without limitation, the Waterfront Development Growth Area, and all other portions of the shore and coastline abutting the boundaries of the City.

Sec 17-142: Ending Fugitive Coal Dust

Any and all industrial coal delivery, handling, and storage of more than one ton of coal in the City of Portland must occur under a permanent covering starting January 1, 2027. The covering must meet industry standards and best management practices to contain emissions of fugitive coal dust in a safe and effective manner. Commencing January 1, 2030, no coal delivery, handling or storage of coal in an amount greater than 1 ton will be permitted in the City of Portland to end fugitive coal dust.

Sec 17-143: Enforcement

The City’s Code Enforcement Officers shall have the primary responsibility for enforcement of this Article. Any individual or entity who fails to comply with this regulation Article after January 1, 2027 is subject to a monthly fine of $3 per ton for every ton over 1 ton of coal that is delivered, handled and or stored in violation of this Article.  Fines collected will be deposited into the Portland Climate Action Fund to support the One Climate Future initiative.